[Congressional Record Volume 142, Number 95 (Tuesday, June 25, 1996)]
[Senate]
[Pages S6864-S6898]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1997

                                 ______


               LIEBERMAN (AND OTHERS) AMENDMENT NO. 4156

  Mr. LIEBERMAN (for himself, Mr. Coats, Mr. Robb, Mr. McCain, Mr. 
Nunn, Mr. Inhofe, Mr. Kempthorne, Mr. Warner, Mrs. Hutchison, Mr. 
Santorum, Mr. Murkowski, Mr. Levin, Mr. Ford, Mr. Bond, Mr. Thurmond, 
Mr. Moynihan, and Mr. Hollings) proposed an amendment to the bill, S. 
1745, supra; as follows:

                           Amendment No. 4156

       At the end of title X, add the following:
          Subtitle G--Review of Armed Forces Force Structures

     SEC. 1081. SHORT TITLE.

       This subtitle may be cited as the ``Armed Forces Force 
     Structures Review Act of 1996''.

     SEC. 1082. FINDINGS.

       Congress makes the following findings:
       (1) Since the collapse of the Soviet Union in 1991, the 
     United States has conducted two substantial assessments of 
     the force structure of the Armed Forces necessary to meet 
     United States defense requirements.
       (2) The assessment by the Bush Administration (known as the 
     ``Base Force'' assessment) and the assessment by the Clinton 
     Administration (known as the ``Bottom-Up Review'') were 
     intended to reassess the force

[[Page S6865]]

     structure of the Armed Forces in light of the changing 
     realities of the post-Cold War world.
       (3) Both assessments served an important purpose in 
     focusing attention on the need to reevaluate the military 
     posture of the United States, but the pace of global change 
     necessitates a new, comprehensive assessment of the defense 
     strategy of the United States and the force structure of the 
     Armed Forces required to meet the threats to the United 
     States in the 21st century.
       (4) The Bottom-Up Review has been criticized on several 
     points, including--
       (A) the assumptions underlying the strategy of planning to 
     fight and win two nearly simultaneous major regional 
     conflicts;
       (B) the force levels recommended to carry out that 
     strategy; and
       (C) the funding proposed for such recommended force levels.
       (5) In response to the recommendations of the Commission on 
     Roles and Missions of the Armed Forces, the Secretary of 
     Defense endorsed the concept of conducting a quadrennial 
     review of the defense program at the beginning of each newly 
     elected Presidential administration, and the Secretary 
     intends to complete the first such review in 1997.
       (6) The review is to involve a comprehensive examination of 
     defense strategy, the force structure of the active, guard, 
     and reserve components, force modernization plans, 
     infrastructure, and other elements of the defense program and 
     policies in order to determine and express the defense 
     strategy of the United States and to establish a revised 
     defense program through the year 2005.
       (7) In order to ensure that the force structure of the 
     Armed Forces is adequate to meet the challenges to the 
     national security interests of the United States in the 21st 
     century, to assist the Secretary of Defense in conducting the 
     review referred to in paragraph (5), and to assess the 
     appropriate force structure of the Armed Forces through the 
     year 2010 and beyond (if practicable), it is important to 
     provide for the conduct of an independent, non-partisan 
     review of the force structure that is more comprehensive than 
     prior assessments of the force structure, extends beyond the 
     quadrennial defense review, and explores innovative and 
     forward-thinking ways of meeting such challenges.

     SEC. 1083. QUADRENNIAL DEFENSE REVIEW.

       (a) Requirement in 1997.--The Secretary of Defense, in 
     consultation with the Chairman of the Joint Chiefs of Staff, 
     shall complete in 1997 a review of the defense program of the 
     United States intended to satisfy the requirements for a 
     Quadrennial Defense Review as identified in the 
     recommendations of the Commission on Roles and Missions of 
     the Armed Forces. The review shall include a comprehensive 
     examination of the defense strategy, force structure, force 
     modernization plans, infrastructure, and other elements of 
     the defense program and policies with a view toward 
     determining and expressing the defense strategy of the United 
     States and establishing a revised defense program through the 
     year 2005.
       (b) Involvement of National Defense Panel.--(1) The 
     Secretary shall apprise the National Defense Panel 
     established under section 1084, on an on-going basis, of the 
     work undertaken in the conduct of the review.
       (2) Not later than March 14, 1997, the Chairman of the 
     National Defense Panel shall submit to the Secretary the 
     Panel's assessment of work undertaken in the conduct of the 
     review as of that date and shall include in the assessment 
     the recommendations of the Panel for improvements to the 
     review, including recommendations for additional matters to 
     be covered in the review.
       (c) Assessments of Review.--Upon completion of the review, 
     the Chairman of the Joint Chiefs of Staff and the Chairman of 
     the National Defense Panel shall each prepare and submit to 
     the Secretary such chairman's assessment of the review in 
     time for the inclusion of the assessment in its entirety in 
     the report under subsection (d).
       (d) Report.--Not later than May 15, 1997, the Secretary 
     shall submit to the Committee on Armed Services of the Senate 
     and the Committee on National Security of the House of 
     Representatives a comprehensive report on the review. The 
     report shall include the following:
       (1) The results of the review, including a comprehensive 
     discussion of the defense strategy of the United States and 
     the force structure best suited to implement the strategy.
       (2) The threats examined for purposes of the review and the 
     scenarios developed in the examination of such threats.
       (3) The assumptions used in the review, including 
     assumptions relating to the cooperation of allies and 
     mission-sharing, levels of acceptable risk, warning times, 
     and intensity and duration of conflict.
       (4) The effect on the force structure of preparations for 
     and participation in peace operations and military operations 
     other than war.
       (5) The effect on the force structure of the utilization by 
     the Armed Forces of technologies anticipated to be available 
     by the year 2005, including precision guided munitions, 
     stealth, night vision, digitization, and communications, and 
     the changes in doctrine and operational concepts that would 
     result from the utilization of such technologies.
       (6) The manpower and sustainment policies required under 
     the defense strategy to support engagement in conflicts 
     lasting more than 120 days.
       (7) The anticipated roles and missions of the reserve 
     components in the defense strategy and the strength, 
     capabilities, and equipment necessary to assure that the 
     reserve components can capably discharge such roles and 
     missions.
       (8) The appropriate ratio of combat forces to support 
     forces (commonly referred to as the ``tooth-to-tail'' ratio) 
     under the defense strategy, including, in particular, the 
     appropriate number and size of headquarter units and Defense 
     Agencies for that purpose.
       (9) The air-lift and sea-lift capabilities required to 
     support the defense strategy.
       (10) The forward presence, pre-positioning, and other 
     anticipatory deployments necessary under the defense strategy 
     for conflict deterrence and adequate military response to 
     anticipated conflicts.
       (11) The extent to which resources must be shifted among 
     two or more theaters under the defense strategy in the event 
     of conflict in such theaters.
       (12) The advisability of revisions to the Unified Command 
     Plan as a result of the defense strategy.

     SEC. 1084. NATIONAL DEFENSE PANEL.

       (a) Establishment.--Not later than December 1, 1996, the 
     Secretary of Defense shall establish a non-partisan, 
     independent panel to be known as the National Defense Panel 
     (in this section referred to as the ``Panel''). The Panel 
     shall have the duties set forth in this section.
       (b) Membership.--The Panel shall be composed of a chairman 
     and eight other individuals appointed by the Secretary, in 
     consultation with the Chairman and ranking member of the 
     Committee on Armed Services of the Senate and the Chairman 
     and ranking member of the Committee on National Security of 
     the House of Representatives, from among individuals in the 
     private sector who are recognized experts in matters relating 
     to the national security of the United States.
       (c) Duties.--The Panel shall--
       (1) conduct and submit to the Secretary the assessment of 
     the review under section 1083 that is required by subsection 
     (b)(2) of that section;
       (2) conduct and submit to the Secretary the comprehensive 
     assessment of the review that is required by subsection (c) 
     of that section upon completion of the review; and
       (3) conduct the assessment of alternative force structures 
     for the Armed Forces required under subsection (d).
       (d) Alternative Force Structure Assessment.--(1) The Panel 
     shall submit to the Secretary an independent assessment of a 
     variety of possible force structures of the Armed Forces 
     through the year 2010 and beyond, including the force 
     structure identified in the report on the review under 
     section 1083(d). The purpose of the assessment is to develop 
     proposals for an ``above the line'' force structure of the 
     Armed Forces and to provide the Secretary and Congress 
     recommendations regarding the optimal force structure to meet 
     anticipated threats to the national security of the United 
     States through the time covered by the assessment.
       (2) In conducting the assessment, the Panel shall examine a 
     variety of potential threats (including near-term threats and 
     long-term threats) to the national security interests of the 
     United States, including the following:
       (A) Conventional threats across a spectrum of conflicts.
       (B) The proliferation of weapons of mass destruction and 
     the means of delivering such weapons, and the illicit 
     transfer of technology relating to such weapons.
       (C) The vulnerability of United States technology to non-
     traditional threats, including information warfare.
       (D) Domestic and international terrorism.
       (E) The emergence of a major challenger having military 
     capabilities similar to those of the United States.
       (F) Any other significant threat, or combination of 
     threats, identified by the Panel.
       (3) For purposes of the assessment, the Panel shall develop 
     a variety of scenarios requiring a military response by the 
     Armed Forces, including the following:
       (A) Scenarios developed in light of the threats examined 
     under paragraph (2).
       (B) Scenarios developed in light of a continuum of 
     conflicts ranging from a conflict of lesser magnitude than 
     the conflict described in the Bottom-Up Review to a conflict 
     of greater magnitude than the conflict so described.
       (4) As part of the assessment, the Panel shall also--
       (A) develop recommendations regarding a variety of force 
     structures for the Armed Forces that permit the forward 
     deployment of sufficient land- and sea-based forces to 
     provide an effective deterrent to conflict and to permit a 
     military response by the United States to the scenarios 
     developed under paragraph (3);
       (B) to the extent practicable, estimate the funding 
     required by fiscal year, in constant fiscal year 1997 
     dollars, to organize, equip, and support the forces 
     contemplated under the force structures assessed in the 
     assessment; and
       (C) comment on each of the matters also to be included by 
     the Secretary in the report required by section 1083(d).
       (e) Report.--(1) Not later than December 1, 1997, the Panel 
     shall submit to the Secretary a report setting forth the 
     activities, findings and recommendations of the Panel under 
     subsection (d), including any recommendations for legislation 
     that the Panel considers appropriate.

[[Page S6866]]

       (2) Not later than December 15, 1997, the Secretary shall, 
     after consultation with the Chairman of the Joint Chiefs of 
     Staff, submit to the committees referred to in subsection 
     (b)(1) a copy of the report under paragraph (1), together 
     with the Secretary's comments on the report.
       (f) Information from Federal Agencies.--The Panel may 
     secure directly from the Department of Defense and any of its 
     components and from any other Federal department and agency 
     such information as the Panel considers necessary to carry 
     out its duties under this section. The head of the department 
     or agency concerned shall ensure that information requested 
     by the Panel under this subsection is promptly provided.
       (g) Personnel Matters.--(1) Each member of the Panel shall 
     be compensated at a rate equal to the daily equivalent of the 
     annual rate of basic pay prescribed for level IV of the 
     Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which such member is engaged in the performance of the duties 
     of the Panel.
       (2) The members of the Panel shall be allowed travel 
     expenses, including per diem in lieu of subsistence, at rates 
     authorized for employees of agencies under subchapter I of 
     chapter 57 of title 5, United States Code, while away from 
     their homes or regular places of business in the performance 
     of services for the Panel.
       (3)(A) The chairman of the Panel may, without regard to the 
     civil service laws and regulations, appoint and terminate an 
     executive director, and a staff of not more than four 
     additional individuals, if the Panel determines that an 
     executive director and staff are necessary in order for the 
     Panel to perform its duties effectively. The employment of an 
     executive director shall be subject to confirmation by the 
     Panel.
       (B) The chairman may fix the compensation of the executive 
     director without regard to the provisions of chapter 51 and 
     subchapter III of chapter 53 of title 5, United States Code, 
     relating to classification of positions and General Schedule 
     pay rates, except that the rate of pay for the executive 
     director may not exceed the rate payable for level V of the 
     Executive Schedule under section 5316 of such title.
       (4) Any Federal Government employee may be detailed to the 
     Panel without reimbursement, and such detail shall be without 
     interruption or loss of civil service status or privilege. 
     The Secretary shall ensure that sufficient personnel are 
     detailed to the Panel to enable the Panel to carry out its 
     duties effectively.
       (5) To the maximum extent practicable, the members and 
     employees of the Panel shall travel on military aircraft, 
     military ships, military vehicles, or other military 
     conveyances when travel is necessary in the performance of a 
     duty of the Panel, except that no such aircraft, ship, 
     vehicle, or other conveyance may be scheduled primarily for 
     the transportation of any such member or employee when the 
     cost of commercial transportation is less expensive.
       (h) Administrative Provisions.--(1) The Panel may use the 
     United States mails and obtain printing and binding services 
     in the same manner and under the same conditions as other 
     departments and agencies of the Federal Government.
       (2) The Secretary shall furnish the Panel any 
     administrative and support services requested by the Panel.
       (3) The Panel may accept, use, and dispose of gifts or 
     donations of services or property.
       (i) Payment of Panel Expenses.--The compensation, travel 
     expenses, and per diem allowances of members and employees of 
     the Panel shall be paid out of funds available to the 
     Department of Defense for the payment of compensation, travel 
     allowances, and per diem allowances, respectively, of 
     civilian employees of the Department. The other expenses of 
     the Panel shall be paid out of funds available to the 
     Department for the payment of similar expenses incurred by 
     the Department.
       (j) Termination.--The Panel shall terminate 30 days after 
     the date on which the Panel submits its report to the 
     Secretary under subsection (e).

     SEC. 1085. POSTPONEMENT OF DEADLINES.

       In the event that the election of President of the United 
     States in 1996 results in a change in administrations, each 
     deadline set forth in this subtitle shall be postponed by 3 
     months.

     SEC. 1086. DEFINITIONS.

       In this subtitle:
       (1) The term `` `above the line' force structure of the 
     Armed Forces'' means a force structure (including numbers, 
     strengths, and composition and major items of equipment) for 
     the Armed Forces at the following unit levels:
       (A) In the case of the Army, the division.
       (B) In the case of the Navy, the battle group.
       (C) In the case of the Air Force, the wing.
       (D) In the case of the Marine Corps, the expeditionary 
     force.
       (E) In the case of special operations forces of the Army, 
     Navy, or Air Force, the major operating unit.
       (F) In the case of the strategic forces, the ballistic 
     missile submarine fleet, the heavy bomber force, and the 
     intercontinental ballistic missile force.
       (2) The term ``Commission on Roles and Missions of the 
     Armed Forces'' means the Commission on Roles and Missions of 
     the Armed Forces established by subtitle E of title IX of the 
     National Defense Authorization Act for Fiscal Year 1994 
     (Public Law 103-160; 107 Stat. 1738; 10 U.S.C. 111 note).
       (3) The term ``military operation other than war'' means 
     any operation other than war that requires the utilization of 
     the military capabilities of the Armed Forces, including 
     peace operations, humanitarian assistance operations and 
     activities, counter-terrorism operations and activities, 
     disaster relief activities, and counter-drug operations and 
     activities.
       (4) The term ``peace operations'' means military operations 
     in support of diplomatic efforts to reach long-term political 
     settlements of conflicts and includes peacekeeping operations 
     and peace enforcement operations.
                                 ______


                      LIEBERMAN AMENDMENT NO. 4157

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

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

     SEC. 237. CORPS SAM/MEADS PROGRAM.

       (a) Funding.--Of the amount authorized to be appropriated 
     under section 201(4)--
       (1) $56,200,000 is available for the Corps surface-to-air 
     missile (SAM)/Medium Extended Air Defense System (MEADS) 
     program (PE63869C); and
       (2) $515,711,000 is available for Other Theater Missile 
     Defense programs, projects, and activities (PE63872C).
       (b) International Cooperation.--The Secretary of Defense 
     may carry out the program referred to in subsection (a) in 
     accordance with the memorandum of understanding entered into 
     on May 25, 1996 by the governments of the United States, 
     Germany, and Italy regarding international cooperation on 
     such program (including any amendments to the memorandum of 
     understanding).
       (c) Limitations.--Not more than $15,000,000 of the amount 
     available for the Corps SAM/MEADS program under subsection 
     (a) may be obligated until the Secretary of Defense submits 
     to the congressional defense committees the following:
       (1) An initial program estimate for the Corps SAM/MEADS 
     program, including a tentative schedule of major milestones 
     and an estimate of the total program cost through initial 
     operational capability.
       (2) A report on the options associated with the use of 
     existing systems, technologies, and program management 
     mechanisms to satisfy the requirement for the Corps surface-
     to-air missile, including an assessment of cost and schedule 
     implications in relation to the program estimate submitted 
     under paragraph (1).
       (3) A certification that there will be no increase in 
     overall United States funding commitment to the demonstration 
     and validation phase of the Corps SAM/MEADS program as a 
     result of the withdrawal of France from participation in the 
     program.
                                 ______


                   JOHNSTON AMENDMENTS NOS. 4158-4163

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

                           Amendment No. 4158

       On page 413, line 25, strike ``$2,000,000'' and insert 
     ``$5,000,000''.
                                                                    ____


                           Amendment No. 4159

       On page 410, before line 14, add the following:
       ``(c) Study on Permanent Authorization for General Plant 
     Projects.--Not later than February 1. 1997, the Secretary of 
     Energy shall report to the appropriate congressional 
     committees on the need for, and desirability of, a permanent 
     authorization formula for defense and civilian general plant 
     projects in the Department of energy that includes periodic 
     adjustments for inflation, including any legislative 
     recommendations to enact such formula into permanent law. The 
     report of the Secretary shall describe actions that would be 
     taken by the Department to provide for cost control of 
     general plant projects, taking into account the size and 
     nature of such projects.''
                                                                    ____


                           Amendment No. 4160

       On page 410, line 10, strike ``$2,000,000'' and insert 
     ``$5,000,000''.
                                                                    ____


                           Amendment No. 4161

       On page 410, line 5, strike ``$2,000,000'' and insert 
     ``$5,000,000''.
                                                                    ____


                           Amendment No. 4162

       On page 408, after line 17, add the following new section:

     ``SEC.  . INTERNATIONAL NUCLEAR SAFETY.

       ``In addition to the funds authorized to be appropriated 
     for international nuclear safety under section 3103(12), 
     $51,000,000 shall be available for such purposes from the 
     amounts authorized to be appropriated for other programs 
     under sections 3101 and 3103.''
                                                                    ____


                          Amendment No. 4163.

       On page 408, line 10, strike ``15,200,000'' and insert 
     ``66,200,000''.
                                 ______


[[Page S6867]]



                 BUMPERS (AND PRYOR) AMENDMENT NO. 4164

  (Ordered to lie on the table.)
  Mr. BUMPERS (for himself and Mr. Pryor) submitted an amendment 
intended to be proposed by them to the bill, S. 1745, supra; as 
follows:

       At the end of subtitle C of title XXVIII, add the 
     following:

     SEC. 2828. LAND CONVEYANCE, PINE BLUFF ARSENAL, ARKANSAS.

       (A) Conveyance Authorized.--The Secretary of the Army may 
     convey, without consideration, to the Economic Development 
     Alliance of Jefferson County, Arkansas (in this section 
     referred to as the ``Alliance''), 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 1,500 acres and comprising a portion of the 
     Pine Bluff Arsenal, Arkansas.
       (b) Requirement Relating to Conveyance.--The Secretary may 
     not carry out the conveyance of property authorized under 
     subsection (a) until the completion by the Secretary of any 
     environmental restoration and remediation that is required 
     with the respect to the property under applicable law.
       (c) Conditions of Conveyance.--The conveyance authorized 
     under subsection (a) shall be subject to the following 
     conditions:
       (1) That the Alliance agree not to carry out any activities 
     on the property to be conveyed that interfere with the 
     construction, operation, and decommissioning of the chemical 
     demilitarization facility to be constructed at Pine Bluff 
     Arsenal.
       (2) That the property be used during the 25-year period 
     beginning on the date of the conveyance only as the site of 
     the facility known as the ``Bioplex'', and for activities 
     related thereto.
       (d) Costs of Conveyance.--The Alliance shall be responsible 
     for any costs of the Army associated with the conveyance of 
     property under this section, including administrative costs, 
     the costs of an environmental baseline survey with respect to 
     the property, and the cost of any protection services 
     required by the Secretary in order to secure operations of 
     the chemical demilitarization facility from activities on the 
     property after the conveyance.
       (e) Reversionary Interests.--If the Secretary determines at 
     any time during the 25-year period referred to in subsection 
     (c)(2) that the property conveyed under this section is not 
     being used in accordance with that subsection, all right, 
     title, and interest in and to the property shall revert to 
     the United States and the United States shall have immediate 
     right of entry thereon.
       (f) Description of Property.--The exact acreage and legal 
     description of the property conveyed under this section shall 
     be determined by a survey satisfactory to the Secretary. The 
     cost of the survey shall be borne by the Alliance.
       (g) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with conveyance under this section as the Secretary considers 
     appropriate to protect the interests of the United States.
                                 ______


                   KENNEDY AMENDMENTS NOS. 4165-4167

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

                           Amendment No. 4165

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

     SEC. 1072. SENSE OF THE SENATE ON DEPARTMENT OF DEFENSE 
                   SHARING OF EXPERIENCES WITH MILITARY CHILD 
                   CARE.

       (a) Findings.--The Senate makes the following findings:
       (1) The Department of Defense should be congratulated on 
     the successful implementation of the Military Child Care Act 
     1989 (title XV of Public Law 101-189; 10 U.S.C. 113 note).
       (2) The actions taken by the Department as a result of that 
     Act have dramatically improved the availability, 
     affordability, quality, and consistency of the child care 
     services provided to members of the Armed Forces.
       (3) Child care is important to the readiness of members of 
     the Armed Forces because single parents and couples in 
     military service must have access to affordable child care of 
     good quality if they are to perform their jobs and respond 
     effectively to long work hours or deployment.
       (4) Child care is important to the retention of members of 
     the Armed Forces in military service because the 
     dissatisfaction of the families of such members with military 
     life is a primary reason for the departure of such members 
     from military service.
       (b) Sense of Senate.--It is the sense of the Senate that--
       (1) the civilian and military child care communities, 
     Federal, State, and local agencies, and businesses and 
     communities involved in the provision of child care services 
     could benefit from the development of partnerships to foster 
     an exchange of ideas, information, and materials relating to 
     their experiences with the the provision of such services and 
     to encourage closer relationships between military 
     installations and the communities that support them;
       (2) such partnerships would be beneficial to all families 
     by helping providers of child care services exchange ideas 
     about innovative ways to address barriers to the effective 
     provision of such services; and
       (3) there are many ways that these partnerships can be 
     developed, including--
       (A) cooperation between the directors and curriculum 
     specialists of military child development centers and 
     civilian child development centers in assisting such centers 
     in the accreditation process;
       (B) use of family support staff to conduct parent and 
     family workshops for new parents and parents with young 
     children in family housing on military installations and in 
     communities in the vicinity of such installations;
       (C) internships in Department of Defense child care 
     programs for civilian child care providers to broaden the 
     base of good-quality child care services in communities in 
     the vicinity of military installations; and
       (D) attendance by civilian child care providers at 
     Department child-care training classes on a space-available 
     basis.
       (c) Report.--Not later than June 30, 1997, the Secretary of 
     Defense shall submit to Congress a report on the status of 
     any initiatives undertaken this section, including 
     recommendations for additional ways to improve the child care 
     programs of the Department of Defense and to improve such 
     programs so as to benefit civilian child care providers in 
     communities in the vicinity of military installations.
                                                                    ____


                           Amendment No. 4166

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

     SEC. 1072. SENSE OF THE SENATE ON DEPARTMENT OF DEFENSE 
                   SHARING OF EXPERIENCES UNDER MILITARY YOUTH 
                   PROGRAMS.

       (a) Findings.--The Senate makes the following findings:
       (1) Programs of the Department of Defense for youth who are 
     dependents of members of the Armed Forces have not received 
     the same level of attention and resources as have child care 
     programs of the Department since the passage of the Military 
     Child Care Act of 1989 (title XV of Public Law 101-189; 10 
     U.S.C. 113 note).
       (2) Older children deserve as much attention to their 
     developmental needs as do younger children.
       (3) The Department has started to direct more attention to 
     programs for youths who are dependents of members of the 
     Armed Forces by funding the implementation of 20 model 
     community programs to address the needs of such youths.
       (4) The lessons learned from such programs could apply to 
     civilian youth programs as well.
       (b) Sense of Senate.--It is the sense of the Senate that--
       (1) the Department of Defense, Federal, State, and local 
     agencies, and businesses and communities involved in 
     conducting youth programs could benefit from the development 
     of partnerships to foster an exchange of ideas, information, 
     and materials relating to such programs and to encourage 
     closer relationships between military installations and the 
     communities that support them;
       (2) such partnerships could benefit all families by helping 
     the providers of services for youths exchange ideas about 
     innovative ways to address barriers to the effective 
     provision of such services; and
       (3) there are many ways that such partnerships could be 
     developed, including--
       (A) cooperation between the Department and Federal and 
     State educational agencies in exploring the use of public 
     school facilities for child care programs and youth programs 
     that are mutually beneficial to the Department and civilian 
     communities and complement programs of the Department carried 
     out at its facilities; and
       (B) improving youth programs that enable adolescents to 
     relate to new peer groups when families of members of the 
     Armed Forces are relocated.
       (c) Report.--Not later than June 30, 1997, the Secretary of 
     Defense shall submit to Congress a report on the status of 
     any initiatives undertaken this section, including 
     recommendations for additional ways to improve the youth 
     programs of the Department of Defense and to improve such 
     programs so as to benefit communities in the vicinity of 
     military installations.
                                                                    ____


                           Amendment No. 4167

       In section 301(5), strike out ``$9,863,942,000'' and insert 
     in lieu thereof ``$9,867,442,000''.
                                 ______


                       GORTON AMENDMENT NO. 4168

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

       At the end of title XXXI, add the following:
  Subtitle E--Environmental Restoration at Defense Nuclear Facilities

     SEC. 3171. SHORT TITLE.

       This subtitle may be cited as the ``Defense Nuclear 
     Facility Environmental Restoration Pilot Program Act of 
     1996''.

     SEC. 3172. APPLICABILITY.

       (a) In General.--The provisions of this subtitle shall 
     apply to the following defense nuclear facilities:
       (1) Hanford.
       (2) Any other defense nuclear facility if--
       (A) the chief executive officer of the State in which the 
     facility is located submits to

[[Page S6868]]

     the Secretary a request that the facility be covered by the 
     provisions of this subtitle; and
       (B) the Secretary approves the request.
       (b) Limitation.--The Secretary may not approve a request 
     under subsection (a)(2) until 60 days after the date on which 
     the Secretary notifies the congressional defense committees 
     of the Secretary's receipt of the request.

     SEC. 3173. DESIGNATION OF COVERED FACILITIES AS ENVIRONMENTAL 
                   CLEANUP DEMONSTRATION AREAS.

       (a) Designation.--Each defense nuclear facility covered by 
     this subtitle under section 3172(a) is hereby designated as 
     an environmental cleanup demonstration area. The purpose of 
     the designation is to establish each such facility as a 
     demonstration area at which to utilize and evaluate new 
     technologies to be used in environmental restoration and 
     remediation at other defense nuclear facilities.
       (b) Sense of Congress.--It is the sense of Congress that 
     Federal and State regulatory agencies, members of the 
     surrounding communities, and other affected parties with 
     respect to each defense nuclear facility covered by this 
     subtitle should continue to--
       (1) develop expedited and streamlined processes and systems 
     for cleaning up such facility;
       (2) eliminate unnecessary administrative complexity and 
     unnecessary duplication of regulation with respect to the 
     clean up of such facility;
       (3) proceed expeditiously and cost-effectively with 
     environmental restoration and remediation activities at such 
     facility;
       (4) consider future land use in selecting environmental 
     clean up remedies at such facility; and
       (5) identify and recommend to Congress changes in law 
     needed to expedite the clean up of such facility.

     SEC. 3174. SITE MANAGERS.

       (a) Appointment.--(1)(A) The Secretary shall appoint a site 
     manager for Hanford not later than 90 days after the date of 
     the enactment of this Act.
       (B) The Secretary shall develop a list of the criteria to 
     be used in appointing a site manager for Hanford. The 
     Secretary may consult with affected and knowledgeable parties 
     in developing the list.
       (2) The Secretary shall appoint the site manager for any 
     other defense nuclear facility covered by this subtitle not 
     later than 90 days after the date of the approval of the 
     request with respect to the facility under section 
     3172(a)(2).
       (3) An individual appointed as a site manager under this 
     subsection shall, if not an employee of the Department at the 
     time of the appointment, be an employee of the Department 
     while serving as a site manager under this subtitle.
       (b) Duties.--(1) Subject to paragraphs (2) and (3), in 
     addition to other authorities provided for in this subtitle, 
     the site manager for a defense nuclear facility shall have 
     full authority to oversee and direct operations at the 
     facility, including the authority to--
       (A) enter into and modify contractual agreements to enhance 
     environmental restoration and waste management at the 
     facility;
       (B) request that the Department headquarters submit to 
     Congress a reprogramming package shifting among accounts 
     funds available for the facility in order to facilitate the 
     most efficient and timely environmental restoration and waste 
     management at the facility, and, in the event that the 
     Department headquarters does not act upon the request within 
     30 days of the date of the request, submit such request to 
     the appropriate committees of Congress for review;
       (C) negotiate amendments to environmental agreements 
     applicable to the facility for the Department; and
       (D) manage environmental management and programmatic 
     personnel of the Department at the facility.
       (2) A site manager shall negotiate amendments under 
     paragraph (1)(C) with the concurrence of the Secretary.
       (3) A site manager may not undertake or provide for any 
     action under paragraph (1) that would result in an 
     expenditure of funds for environmental restoration or waste 
     management at the defense nuclear facility concerned in 
     excess of the amount authorized to be expended for 
     environmental restoration or waste management at the facility 
     without the approval of such action by the Secretary.
       (c) Information on Progress.--The Secretary shall regularly 
     inform Congress of the progress made by site managers under 
     this subtitle in achieving expedited environmental 
     restoration and waste management at the defense nuclear 
     facilities covered by this subtitle.

     SEC. 3175. DEPARTMENT OF ENERGY ORDERS.

       Effective 60 days after the appointment of a site manager 
     for a defense nuclear facility under section 3174(a), an 
     order relating to the execution of environmental restoration, 
     waste management, technology development, or other site 
     operation activities at the facility may be imposed at the 
     facility if the Secretary makes a finding that the order--
       (1) is essential to the protection of human health or the 
     environment or to the conduct of critical administrative 
     functions; and
       (2) will not interfere with bringing the facility into 
     compliance with environmental laws, including the terms of 
     any environmental agreement.

     SEC. 3176. DEMONSTRATIONS OF TECHNOLOGY FOR REMEDIATION OF 
                   DEFENSE NUCLEAR WASTE.

       (a) In General.--The site manager for a defense nuclear 
     facility under this subtitle shall promote the demonstration, 
     verification, certification, and implementation of innovative 
     environmental technologies for the remediation of defense 
     nuclear waste at the facility.
       (b) Demonstration Program.--To carry out subsection (a), 
     each site manager shall establish a program at the defense 
     nuclear facility concerned for testing environmental 
     technologies for the remediation of defense nuclear waste at 
     the facility. In establishing such a program, the site 
     manager may--
       (1) establish a simplified, standardized, and timely 
     process for the testing and verification of environmental 
     technologies;
       (2) solicit and accept applications to test environmental 
     technology suitable for environmental restoration and waste 
     management activities at the facility, including prevention, 
     control, characterization, treatment, and remediation of 
     contamination;
       (3) consult and cooperate with the heads of existing 
     programs at the facility for the certification and 
     verification of environmental technologies at the facility; 
     and
       (4) pay the costs of the demonstration of such 
     technologies.
       (c) Follow-on Contracts.--(1) If the Secretary and a person 
     demonstrating a technology under the program enter into a 
     contract for remediation of nuclear waste at a defense 
     nuclear facility covered by this subtitle, or at any other 
     Department facility, as a follow-on to the demonstration of 
     the technology, the Secretary shall ensure that the contract 
     provides for the Secretary to recoup from the contractor the 
     costs incurred by the Secretary pursuant to subsection (b)(4) 
     for the demonstration.
       (2) No contract between the Department and a contractor for 
     the demonstration of technology under subsection (b) may 
     provide for reimbursement of the costs of the contractor on a 
     cost plus fee basis.
       (d) Safe Harbors.--In the case of an environmental 
     technology demonstrated, verified, certified, and implemented 
     at a defense nuclear facility under a program established 
     under subsection (b), the site manager of another defense 
     nuclear facility may request the Secretary to waive or limit 
     contractual or Department regulatory requirements that would 
     otherwise apply in implementing the same environmental 
     technology at such other facility.

     SEC. 3177. REPORTS TO CONGRESS.

       Not later than 120 days after the date of the appointment 
     of a site manager under section 3174(a), the site manager 
     shall submit to Congress and the Secretary a report 
     describing the expectations of the site manager with respect 
     to environmental restoration and waste management at the 
     defense nuclear facility concerned by reason of the exercise 
     of the authorities provided in this subtitle. The report 
     shall describe the manner in which the exercise of such 
     authorities is expected to improve environmental restoration 
     and waste management at the facility and identify saving that 
     are expected to accrue to the Department as a result of the 
     exercise of such authorities.

     SEC. 3178. TERMINATION.

       The authorities provided for in this subtitle shall expire 
     five years after the date of the enactment of this Act.

     SEC. 3179. DEFINITIONS.

       In this subtitle:
       (1) The term ``Department'' means the Department of Energy.
       (2) The term ``defense nuclear facility'' has the meaning 
     given the term ``Department of Energy defense nuclear 
     facility'' in section 318 of the Atomic Energy Act of 1954 
     (42 U.S.C. 2286g).
       (3) The term ``Hanford'' means the defense nuclear facility 
     located in southeastern Washington State known as the Hanford 
     Reservation, Washington.
       (4) The term ``Secretary'' means the Secretary of Energy.
                                 ______


                 KYL (AND BINGAMAN) AMENDMENT NO. 4169

  (Ordered to lie on the table.)
  Mr. KYL (for himself and Mr. Bingaman) submitted an amendment 
intended to be proposed by them to the bill, S. 1745, supra; as 
follows:

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

     SEC. 1043. PROHIBITION ON COLLECTION AND RELEASE OF DETAILED 
                   SATELLITE IMAGERY RELATING TO ISRAEL AND OTHER 
                   COUNTRIES AND AREAS.

       (a) Collection and Dissemination.--No department or agency 
     of the Federal Government may license the collection or 
     dissemination by any non-Federal entity of satellite imagery 
     with respect to Israel, or to any other country or geographic 
     area designated by the President for this purpose, unless 
     such imagery is no more detailed or precise than satellite 
     imagery of the country or geographic area concerned that is 
     routinely available from commercial sources.
       (b) Declassification and Release.--No department or agency 
     of the Federal Government may declassify or otherwise release 
     satellite imagery with respect to Israel, or to any other 
     country or geographic area designated by the President for 
     this purpose, unless such imagery is no more detailed or 
     precise than satellite imagery of the country or geographic 
     area concerned that is routinely available from commercial 
     sources.
                                 ______


[[Page S6869]]



                     KYL AMENDMENTS NOS. 4170-4175

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

                           Amendment No. 4170

       At the end of subtitle C of title II, add the following:

     SEC. 237. REQUIREMENT THAT MULTI- LATERALIZATION OF THE ABM 
                   TREATY BE DONE ONLY THROUGH TREATY-MAKING 
                   POWER.

       Any addition of a new signatory party to the ABM Treaty (in 
     addition to the United States and the Russian Federation) 
     constitutes an amendment to the treaty that can only be 
     agreed to by the United States through the treaty-making 
     power of the United States. No funds appropriated or 
     otherwise available for any fiscal year may be obligated or 
     expended for the purpose of implementing or making binding 
     upon the United States the participation of any additional 
     nation as a party to the ABM Treaty unless that nation is 
     made a party to the treaty by an amendment to the Treaty that 
     is made in the same manner as the manner by which a treaty is 
     made.
                                                                    ____


                           Amendment No. 4171

       Strike out section 231 and insert in lieu thereof the 
     following new section:

     SEC. 231. POLICY ON COMPLIANCE WITH THE ABM TREATY.

       (a) Policy Concerning Systems Subject to ABM Treaty.--
     Congress finds that, unless and until a missile defense 
     system, system upgrade, or system component is flight tested 
     in an ABM-qualifying flight test (as defined in subsection 
     (c)), such system, system upgrade, or system component--
       (1) has not, for purposes of the ABM Treaty, been tested in 
     an ABM mode nor been given capabilities to counter strategic 
     ballistic missiles; and
       (2) therefore is not subject to any application, 
     limitation, or obligation under the ABM Treaty.
       (b) Prohibitions.--(1) Funds appropriated to the Department 
     of Defense may not be obligated or expended for the purpose 
     of--
       (A) prescribing, enforcing, or implementing any Executive 
     order, regulation, or policy that would apply the ABM Treaty 
     (or any limitation or obligation under such Treaty) to 
     research, development, testing, or deployment of a theater 
     missile defense system, a theater missile defense system 
     upgrade, or a theater missile defense system component; or
       (B) taking any other action to provide for the ABM Treaty 
     (or any limitation or obligation under such Treaty) to be 
     applied to research, development, testing, or deployment of a 
     theater missile defense system, a theater missile defense 
     system upgrade, or a theater missile defense system 
     component.
       (2) This subsection applies with respect to each missile 
     defense system, missile defense system upgrade, or missile 
     defense system component that is capable of countering modern 
     theater ballistic missiles.
       (3) This subsection shall cease to apply with respect to a 
     missile defense system, missile defense system upgrade, or 
     missile defense system component when that system, system 
     upgrade, or system component has been flight tested in an 
     ABM-qualifying flight test.
       (c) AMB-Qualifying Flight Test Defined.--For purposes of 
     this section, an AMB-qualifying flight test is a flight test 
     against a ballistic missile which, in that flight test, 
     exceeds--
       (1) a range of 3,500 kilometers; or
       (2) a velocity of 5 kilometers per second.
                                                                    ____


                           Amendment No. 4172

       At the end of subtitle C of title II, add the following:

     SEC. 237. DEPLOYMENT OF THEATER MISSILE DEFENSE SYSTEMS UNDER 
                   THE ABM TREATY.

       (a) Findings.--The Senate makes the following findings:
       (1) The threat posed to the national security of the United 
     States, the Armed Forces, and our friends and allies by the 
     proliferation of ballistic missiles is significant and 
     growing both quantitatively and qualitatively.
       (2) The deployment of theater missile defense systems will 
     deny potential adversaries the option of threatening or 
     attacking United States forces, coalition partners of the 
     United States, or allies of the United States with ballistic 
     missiles armed with weapons of mass destruction as a way of 
     offsetting the operational and technical advantages of the 
     United States Armed Forces and the armed forces of our 
     coalition partners and allies.
       (3) Although technology control regimes and other forms of 
     international arms control agreements can contribute to 
     nonproliferation, such measures are inadequate for dealing 
     with missile proliferation and should not be viewed as 
     alternatives to missile defense systems and other active and 
     passive measures.
       (4) The Department of Defense is currently considering for 
     deployment as theater missile defense interceptors certain 
     systems determined to comply with the ABM Treaty, including 
     PAC3, THAAD, Navy Lower Tier, and Navy Upper Tier (also known 
     as Navy Wide Area Defense).
       (5) In the case of the ABM Treaty, as with all other arms 
     control treaties to which the United States is signatory, 
     each signatory bears the responsibility of ensuring that its 
     actions comply with the treaty, and the manner of such 
     compliance need not be a subject of negotiation between the 
     signatories.
       (b) Sense of Senate.--It is the sense of the Senate that 
     the theater missile defense systems currently considered for 
     deployment by the Department of Defense comply with the ABM 
     Treaty.
       (c) Deployment of Systems.--The Secretary of Defense may 
     proceed with the development, testing, and deployment of the 
     theater missile defense systems currently considered for 
     deployment by the Department of Defense.
                                                                    ____


                           Amendment No. 4173

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

     SEC. 1044. SENSE OF THE SENATE CONCERNING EXPORT CONTROLS.

       (a) Findings.--The Senate makes the following findings:
       (1) Export controls are a part of a comprehensive response 
     to national security threats. United States exports should be 
     restricted where those threats exist to national security, 
     nonproliferation, and foreign policy interests of the United 
     States.
       (2) The export of certain commodities and technology may 
     adversely affect the national security and foreign policy of 
     the United States by making a significant contribution to the 
     military potential of individual countries or by 
     disseminating the capability to design, develop, test, 
     produce, stockpile, or use weapons of mass destruction, 
     missile delivery systems, and other significant military 
     capabilities. Therefore, the administration of export 
     controls should emphasize the control of these exports.
       (3) The acquisition of sensitive commodities and 
     technologies by those countries and end users whose actions 
     or policies run counter to United States national security of 
     foreign policy interests may enhance the military 
     capabilities of those countries, particularly their ability 
     to design, develop, test, produce, stockpile, use, and 
     deliver nuclear, chemical, and biological weapons, missile 
     delivery systems, and other significant military 
     capabilities. This enhancement threatens the security of the 
     United States and its allies. The availability to countries 
     and end users of items that contribute to military 
     capabilities or the proliferation of weapons of mass 
     destruction is a fundamental concern of the United States and 
     should be eliminated through deterrence, negotiations, and 
     other appropriate means whenever possible.
       (4) The national security of the United States depends not 
     only on wise foreign policies and a strong defense, but also 
     a vibrant national economy. To be truly effective, export 
     controls should be applied uniformly by all suppliers.
       (5) On November 5, 1995, President William J. Clinton 
     extended Executive Order No. 12938 regarding ``Weapons of 
     Mass Destruction'', and ``declared a national emergency with 
     respect to the unusual and extraordinary threat to the 
     national security, foreign policy, and economy of the United 
     States posed by the proliferation of nuclear, biological, and 
     chemical weapons and the means of delivering such weapons''.
       (6) A successor regime to COCOM (the Coordinating 
     Commission on Multilateral Controls) has not been 
     established. Currently, each nation is determining 
     independently which dual-use military items, if any, will be 
     controlled for export.
       (7) The United States should play a leading role in 
     promoting transparency and responsibility with regard to the 
     transfers of sensitive dual-use goods and technologies.
       (b) Sense of Senate.--It is the sense of the Senate that--
       (1) establishing an international export control regime, 
     empowered to control exports of dual-use technology, is 
     critically important and should become a top priority for the 
     United States; and
       (2) the United States should strongly encourage its allies 
     and friends to--
       (A) adopt a commodity control list which governs the same 
     or similar items as are controlled by the United States 
     Commodity Control list;
       (B) strengthen enforcement activities; and
       (C) explore the use of unilateral export controls where the 
     possibility exists that an export could contribute to 
     proliferation.
                                                                    ____


                           Amendment No. 4174

       At the end of title XXXIII, add the following:

     SEC. 3303. ADDITIONAL DISPOSAL AUTHORITY.

       (a) Additional Materials Authorized for Disposal.--In 
     addition to the quantities of materials authorized for 
     disposal under subsection (a) of section 3302 as specified in 
     the table in subsection (b) of that section, the President 
     may dispose of the materials specified in the table in 
     subsection (b) of this section in accordance with that 
     section.
       (b) Table.--The table in this subsection is as follows:

                Additional Authorized Stockpile Disposal                
------------------------------------------------------------------------
           Material for disposal                       Quantity         
------------------------------------------------------------------------
Titanium Sponge............................  10,000 short tons.         
------------------------------------------------------------------------

                                             
                                                                    ____
                           Amendment No. 4175

       On page 108, between lines 5 and 6, insert the following:

[[Page S6870]]

     SEC. 368. PROHIBITION OF SALE OR RENTAL OF SEXUALLY EXPLICIT 
                   MATERIAL.

       (a) In General.--(1) Chapter 147 of title 10, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 2490b. Sale or rental of sexually explicit material 
       prohibited

       ``(a) Prohibition of Sale or Rental.--The Secretary of 
     Defense may not permit the sale or rental of sexually 
     explicit written or videotaped material on property under the 
     jurisdiction of the Department of Defense.
       ``(b) Prohibition of Officially Provided Sexually Explicit 
     Material.--A member of the Armed Forces or a civilian officer 
     or employee of the Department of Defense acting in an 
     official capacity for sale remuneration or rental may not 
     provide sexually explicit material to another person.
       ``(c) Regulations.--The Secretary of Defense shall 
     prescribe regulations to implement this section.
       ``(d) Definitions.--In this section:
       ``(1) The term `sexually explicit material' means an audio 
     recording, a film or video recording, or a periodical with 
     visual depictions, produced in any medium, the dominant theme 
     of which depicts or describes nudity, including sexual or 
     excretory activities or organs, in a lascivious way.
       ``(2) The term `property under the jurisdiction of the 
     Department of Defense' includes commissaries, all facilities 
     operated by the Army and Air Force Exchange Service, the Navy 
     Exchange Service Command, the Navy Resale and Services 
     Support Office, Marine Corps exchanges, and ship stores.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following new item:

``2490b. Sale or rental of sexually explicit material prohibited.''.

       (b) Effective Date.--Subsection (a) of section 2490b of 
     title 10, United States Code, as added by subsection (a) of 
     this section, shall take effect 90 days after the date of 
     enactment of this Act.
                                 ______


                        BOXER AMENDMENT NO. 4176

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

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

     SEC. 368. REIMBURSEMENT UNDER AGREEMENT FOR INSTRUCTION OF 
                   CIVILIAN STUDENTS AT FOREIGH LANGUAGE INSTITUTE 
                   OF THE DEFENSE LANGUAGE INSTITUTE.

       Section 559(a)(1) of the National Defense Authorization Act 
     for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2776; 10 
     U.S.C. 4411 note) is amended by striking out ``on a cost-
     reimbursable, space-available basis'' and inserting in lieu 
     thereof ``on a space-available basis and for such 
     reimbursement (whether in whole or in part) as the Secretary 
     considers appropriate''.
                                 ______


                 HARKIN (AND KERRY) AMENDMENT NO. 4177

  (Ordered to lie on the table.)
  Mr. HARKIN (for himself and Mr. Kerry) submitted an amendment 
intended to be proposed by them to the bill, S. 1745, supra; as 
follows:

                           Amendment No. 4177

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

     SEC. 1044. DEFENSE BURDENSHARING.

       (a) Findings.--Congress makes the following findings:
       (1) Although the Cold War has ended, the United States 
     continues to spend billions of dollars to promote regional 
     security and to make preparations for regional contingencies.
       (2) United States defense expenditures primarily promote 
     United States national security interests; however, they also 
     significantly contribute to the defense of our allies.
       (3) In 1993, the gross domestic product of the United 
     States equaled $6,300,000,000,000, while the gross domestic 
     product of other NATO member countries totaled 
     $7,200,000,000,000.
       (4) Over the course of 1993, the United States spent 4.7 
     percent of its gross domestic product on defense, while other 
     NATO members collectively spent 2.5 percent of their gross 
     domestic product on defense.
       (5) In addition to military spending, foreign assistance 
     plays a vital role in the establishment and maintenance of 
     stability in other nations and in implementing the United 
     States national security strategy.
       (6) This assistance has often prevented the outbreak of 
     conflicts which otherwise would have required costly military 
     interventions by the United States and our allies.
       (7) From 1990-1993, the United States spent $59,000,000,000 
     in foreign assistance, a sum which represents an amount 
     greater than any other nation in the world.
       (8) In 1995, the United States spent over $10,000,000,000 
     to promote European security, while European NATO nations 
     only contributed $2,000,000,000 toward this effort.
       (9) With a smaller gross domestic product and a larger 
     defense budget than its European NATO allies, the United 
     States shoulders an unfair share of the burden of the common 
     defense.
       (10) Because of this unfair burden, the Congress previously 
     voted to require United States allies to bear a greater share 
     of the costs incurred for keeping United States military 
     forces permanently assigned in their countries.
       (11) As a result of this action, for example, Japan now 
     pays over 75 percent of the nonpersonnel costs incurred by 
     United States military forces permanently assigned there, 
     while our European allies pay for less than 25 percent of 
     these same costs. Japan signed a new Special Measures 
     Agreement this year which will increase Japan's contribution 
     toward the cost of stationing United States troops in Japan 
     by approximately $30,000,000 a year over the next five years.
       (12) These increased contributions help to rectify the 
     imbalance in the burden shouldered by the United States for 
     the common defense.
       (13) The relative share of the burden of the common defense 
     still falls too heavily on the United States, and our allies 
     should dedicate more of their own resources to defending 
     themselves.
       (b) Efforts To Increase Allied Burdensharing.--The 
     President shall seek to have each nation that has cooperative 
     military relations with the United States (including security 
     agreements, basing arrangements, or mutual participation in 
     multinational military organizations or operations) take one 
     or more of the following actions:
       (1) For any nation in which United States military 
     personnel are assigned to permanent duty ashore, increase its 
     financial contributions to the payment of the nonpersonnel 
     costs incurred by the United States Government for stationing 
     United States military personnel in that nation, with a goal 
     of achieving the following percentages of such costs:
       (A) By September 30, 1997, 37.5 percent.
       (B) By September 30, 1998, 50 percent.
       (C) By September 30, 1999, 62.5 percent.
       (D) By September 30, 2000, 75 percent.

     An increase in financial contributions by any nation under 
     this paragraph may include the elimination of taxes, fees, or 
     other charges levied on United States military personnel, 
     equipment, or facilities stationed in that nation.
       (2) Increase its annual budgetary outlays for national 
     defense as a percentage of its gross domestic product by 10 
     percent or at least to a level commensurate to that of the 
     United States by September 30, 1997.
       (3) Increase its annual budgetary outlays for foreign 
     assistance (to promote democratization, economic 
     stabilization, transparency arrangements, defense economic 
     conversion, respect for the rule of law, and internationally 
     recognized human rights) by 10 percent or at least to a level 
     commensurate to that of the United States by September 30, 
     1997.
       (4) Increase the amount of military assets (including 
     personnel, equipment, logistics, support and other resources) 
     that it contributes, or would be prepared to contribute, to 
     multinational military activities worldwide, including United 
     Nations or regional peace operations.
       (c) Authorities To Encourage Actions by United States 
     Allies.--In seeking the actions described in subsection (b) 
     with respect to any nation, or in response to a failure by 
     any nation to undertake one or more of such actions, the 
     President may take any of the following measures:
       (1) Reduce the end strength level of members of the Armed 
     Forces assigned to permanent duty ashore in that nation.
       (2) Impose on that nation taxes, fees, or other charges 
     similar to those that such nation imposes on United States 
     forces stationed in that nation.
       (3) Reduce (through rescission, impoundment, or other 
     appropriate procedures as authorized by law) the amount the 
     United States contributes to the NATO Civil Budget, Military 
     Budget, or Security Investment Program.
       (4) Suspend, modify, or terminate any bilateral security 
     agreement the United States has with that nation.
       (5) Reduce (through rescission, impoundment or other 
     appropriate procedures as authorized by law) any United 
     States bilateral assistance appropriated for that nation.
       (6) Take any other action the President determines to be 
     appropriate as authorized by law.
       (d) Report on Progress in Increasing Allied 
     Burdensharing.--Not later than March 1, 1997, the Secretary 
     of Defense shall submit to Congress a report on--
       (1) steps taken by other nations to complete the actions 
     described in subsection (b);
       (2) all measures taken by the President, including those 
     authorized in subsection (c), to achieve the actions 
     described in subsection (b); and
       (3) the budgetary savings to the United States that are 
     expected to accrue as a result of the steps described under 
     paragraph (1).
       (e) Report on National Security Bases for Forward 
     Deployment and Burdensharing Relationships.--(1) In order to 
     ensure the best allocation of budgetary resources, the 
     President shall undertake a review of the status of elements 
     of the United States Armed Forces that are permanently 
     stationed outside the United States. The review shall include 
     an assessment of the following:
       (A) The alliance requirements that are to be found in 
     agreements between the United States and other countries.
       (B) The national security interests that support 
     permanently stationing elements of

[[Page S6871]]

     the United States Armed Forces outside the United States.
       (C) The stationing costs associated with the forward 
     deployment of elements of the United States Armed Forces.
       (D) The alternatives available to forward deployment (such 
     as material prepositioning, enhanced airlift and sealift, or 
     joint training operations) to meet such alliance requirements 
     or national security interests, with such alternatives 
     identified and described in detail.
       (E) The costs and force structure configurations associated 
     with such alternatives to forward deployment.
       (F) The financial contributions that allies of the United 
     States make to common defense efforts (to promote 
     democratization, economic stabilization, transparency 
     arrangements, defense economic conversion, respect for the 
     rule of law, and internationally recognized human rights).
       (G) The contributions that allies of the United States make 
     to meeting the stationing costs associated with the forward 
     deployment of elements of the United States Armed Forces.
       (H) The annual expenditures of the United States and its 
     allies on national defense, and the relative percentages of 
     each nation's gross domestic product constituted by those 
     expenditures.
       (2) The President shall submit to Congress a report on the 
     review under paragraph (1). The report shall be submitted not 
     later than March 1, 1997, in classified and unclassified 
     form.
                                 ______


                       HARKIN AMENDMENT NO. 4178

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

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

     SEC. 315. PROHIBITION ON USE OF FUNDS TO PAY CONTRACTOR COSTS 
                   OF CERTAIN RESTRUCTURING.

       None of the funds authorized to be appropriated for the 
     Department of Defense by this Act may be obligated or 
     expended to pay a contractor under a contract with the 
     Department for any costs incurred by the contractor when it 
     is made known to the Federal official having authority to 
     obligate or expend such funds that such costs are 
     restructuring costs associated with a business combination 
     that were incurred on or after August 15, 1994.
                                 ______


                     NUNN AMENDMENTS NOS. 4179-4180

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

                           Amendment No. 4179

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

     SEC. 1044. REPORT ON NATO ENLARGEMENT.

       (a) Findings.--Congress makes the following findings:
       (1) Since World War II the United States has spent 
     trillions of dollars to enable our European allies to recover 
     from the devastation of the war and, since 1949, to enhance 
     the stability and security of the Euro-Atlantic area through 
     the North Atlantic Treaty Organization (NATO).
       (2) NATO has been the most successful collective security 
     organization in history.
       (3) The Preamble to the Washington Treaty (North Atlantic 
     Treaty) provides that:

     ``The Parties to this Treaty reaffirm their faith in the 
     purposes and principles of the Charter of the United Nations 
     and their desire to live in peace with all peoples and all 
     governments. They are determined to safeguard the freedom, 
     common heritage and civilization of their peoples, founded on 
     the principles of democracy, individual liberty and the rule 
     of law. They seek to promote stability and well-being in the 
     North Atlantic Area. They are resolved to unite their efforts 
     for collective defense and for the preservation of peace and 
     security.''.
       (4) Article 5 of the North Atlantic Treaty provides for 
     NATO member nations to treat an attack on one as an attack on 
     all.
       (5) NATO has enlarged its membership three times since its 
     establishment in 1949.
       (6) At its ministerial meeting on December 1, 1994, NATO 
     decided to enlarge the Alliance as part of an evolutionary 
     process, taking into account political and security 
     developments in the whole of Europe. It was also decided at 
     that time that enlargement would be decided on a case-by-case 
     basis and that new members would be full members of the 
     Alliance, enjoying the rights and assuming all obligations of 
     membership.
       (7) The September 1995 NATO study on enlarging the Alliance 
     concluded that the ``coverage provided by Article 5, 
     including its nuclear component, will apply to new members'', 
     but that there ``is no a priori requirement for the 
     stationing of nuclear weapons on the territory of new 
     members.''.
       (8) At its ministerial meeting on June 3, 1996, NATO made 
     decisions in three key areas as follows:
       (A) To create more deployable headquarters and more mobile 
     forces to mount traditional missions of collective defense as 
     well as to mount non-Article 5 operations.
       (B) To preserve the transatlantic link.
       (C) To develop a European Security and Defense Identity 
     within the Alliance, including utilization of the approved 
     Combined Joint Task Forces (CJTF) concept, to facilitate the 
     use of separable but not separate military capabilities in 
     operations led by the WEU.
       (9) Enlargement of the Alliance has profound implications 
     for all of its member nations, for the nations chosen for 
     admission to the Alliance in the first tranche, for the 
     nations not included in the first tranche, and for the 
     relationship between the members of the Alliance and Russia.
       (10) The Congressional Budget Office has studied five 
     illustrative options to defend the so-called Visegrad nations 
     (Poland, the Czech Republic, Slovakia, and Hungary) to 
     determine the cost of such defense.
       (11) The results of the Congressional Budget Office study, 
     issued in March 1996, included conclusions that the cost of 
     defending the Visegrad nations over the 15-year period from 
     1996 through 2010 would range from $61,000,000,000 to 
     $125,000,000,000; and that of those totals the cost to the 
     new members would range from $42,000,000,000 to 
     $51,000,000,000, and the cost to NATO would range from 
     $19,000,000,000 to $73,000,000,000, of which the United 
     States would expect to pay between $5,000,000,000 and 
     $19,000,000,000.
       (12) The Congressional Budget Office study did not 
     determine the cost of enlarging the Alliance to include 
     Slovenia, Romania, Ukraine, the Baltic nations, or other 
     nations that are participating in NATO's Partnership for 
     Peace program.
       (13) Enlarging the Alliance could be considered as changing 
     the circumstances that constitute the basis for the Treaty on 
     Conventional Forces in Europe.
       (14) The discussion of NATO enlargement within the United 
     States, in general, and the United States Congress, in 
     particular, has not been as comprehensive, detailed, and 
     informed as it should be, given the implications for the 
     United States of enlargement decisions.
       (b) Report.--Not later than the date on which the President 
     submits the budget for fiscal year 1998 to Congress under 
     section 1105 of title 31, United States Code, the President 
     shall transmit a report on NATO enlargement to the Committee 
     on Armed Services and the Committee on Foreign Relations of 
     the Senate and the Committee on National Security and the 
     Committee on International Relations of the House of 
     Representatives. The report shall contain a comprehensive 
     discussion of the following:
       (1) The costs, for prospective new NATO members, NATO, and 
     the United States, that are associated with the illustrative 
     options used by the Congressional Budget Office in the March 
     1996 study referred to in subsection (a)(10) as well as any 
     other illustrative options that the President considers 
     appropriate and relevant.
       (2) The manner in which prospective new NATO members would 
     be defended against attack, including any changes required in 
     NATO's nuclear posture.
       (3) Whether NATO enlargement can proceed prior to France's 
     reintegration into NATO's command structure and Germany's 
     participation in NATO-conducted crisis management and combat 
     operations.
       (4) Whether NATO enlargement can proceed prior to 
     reorganization of NATO's military command structure and the 
     maturation of policies to perform non-Article 5 operations.
       (5) Whether an enlarged NATO will be able to function on a 
     consensus basis.
       (6) The extent to which prospective new NATO members have 
     achieved interoperability of their military equipment, air 
     defense systems, and command, control, and communications 
     systems and conformity of military doctrine with those of 
     NATO.
       (7) The extent to which prospective new NATO members have 
     established democratic institutions, free market economies, 
     civilian control of their armed forces, including 
     parliamentary oversight of military affairs and appointment 
     of civilians to senior defense positions, and the rule of 
     law.
       (8) The extent to which prospective new NATO members are 
     committed to protecting the rights of all their citizens, 
     including national minorities, and respecting the territorial 
     integrity of their neighbors.
       (9) The extent to which prospective new NATO members are in 
     a position to further the principles of the North Atlantic 
     Treaty and to contribute to the security of the North 
     Atlantic area.
       (10) The bilateral assistance, including cost, provided by 
     the United States to prospective new NATO members since the 
     institution of the Partnership for Peace program.
       (11) The impact on the political, economic, and security 
     well-being of prospective new NATO members, with a particular 
     emphasis on Ukraine, if they are not selected for inclusion 
     in the first tranche of NATO enlargement.
       (12) The relationship of prospective new NATO members to 
     the European Union, with special emphasis on the accession of 
     such nations to membership in the European Union and on the 
     extent to which the European Union has opened its markets to 
     prospective new NATO members.
       (13) The impact of NATO enlargement on the CFE Treaty.
       (14) The relationship of Russia with NATO, including 
     Russia's participation in the Partnership for Peace program 
     and NATO's strategic dialogue with Russia.
       (15) The anticipated impact of NATO enlargement on Russian 
     foreign and defense policies, including in particular the 
     implementation of START I, the ratification of

[[Page S6872]]

     START II, and the emphasis placed in defense planning on 
     nuclear weapons.
       (c) Classification of Report.--The report shall be 
     submitted in unclassified form, but may contain a classified 
     annex.
       (d) Treaties Defined.--In this section:
       (1) The terms ``CFE Treaty'' and ``Treaty on Conventional 
     Armed Forces in Europe'' mean the treaty signed in Paris on 
     November 19, 1990, by 22 members of the North Atlantic Treaty 
     Organization and the former Warsaw Pact to establish 
     limitations on conventional armed forces in Europe, and all 
     annexes and memoranda pertaining thereto.
       (2) The term ``START I Treaty'' means the Treaty Between 
     the United States of America and the Union of Soviet 
     Socialist Republics on the Reduction and Limitation of 
     Strategic Offensive Arms, signed at Moscow on July 31, 1991.
       (3) The term ``START II Treaty'' means the Treaty Between 
     the United States of America and the Russian Federation on 
     Further Reduction and Limitation of Strategic Offensive Arms, 
     signed at Moscow on January 3, 1993, including the following 
     protocols and memorandum of understanding, all such documents 
     being integral parts of and collectively referred to as the 
     ``START II Treaty'' (contained in Treaty Document 103-1):
       (A) The Protocol on Procedures Governing Elimination of 
     Heavy ICBMs and on Procedures Governing Conversion of Silo 
     Launchers of Heavy ICBMs Relating to the Treaty Between the 
     United States of America and the Russian Federation on 
     Further Reduction and Limitation of Strategic Offensive Arms 
     (also known as the ``Elimination and Conversion Protocol'').
       (B) The Protocol on Exhibitions and Inspections of Heavy 
     Bombers Relating to the Treaty Between the United States and 
     the Russian Federation on Further Reduction and Limitation of 
     Strategic Offensive Arms (also known as the ``Exhibitions and 
     Inspections Protocol'').
       (C) The Memorandum of Understanding on Warhead Attribution 
     and Heavy Bomber Data Relating to the Treaty Between the 
     United States of America and the Russian Federation on 
     Further Reduction and Limitation of Strategic Offensive Arms 
     (also known as the ``Memorandum on Attribution'').
                                                                    ____


                           Amendment No. 4180

       At the end of division A, add the following:
                  TITLE XIII--NATIONAL MISSILE DEFENSE

     SEC. 1301. SHORT TITLE.

       This title may be cited as the ``National Missile Defense 
     Act of 1996''.

     SEC. 1302. FINDINGS.

       (a) Missile Defenses and Arms Control Agreements.--With 
     respect to missile defenses and arms control agreements, 
     Congress makes the following findings:
       (1) Short-range theater ballistic missiles threaten United 
     States Armed Forces engaged abroad. Therefore, the 
     expeditious deployment of theater missile defenses to 
     intercept ballistic missiles threatening the Armed Forces 
     abroad is the highest priority among all ballistic missile 
     defense programs.
       (2) The United States is developing defensive systems to 
     protect the United States against the emerging threat of 
     limited strategic ballistic missile attacks. Ground-based 
     defensive systems are attainable, are permitted by the ABM 
     Treaty, are available sooner and are more affordable than 
     spaced-based interceptors or space-based lasers, and can 
     protect all of the United States from limited ballistic 
     missile attack.
       (3) Deterring limited ballistic missile attacks upon our 
     national territory requires not only national missile 
     defenses but arms control agreements and nonproliferation 
     measures that can lower the threat and curb the spread of 
     ballistic missile technology.
       (4) The massive retaliatory capability of the United States 
     deterred the Soviet Union, and any other nation, from 
     launching an attack by intercontinental ballistic missiles 
     throughout the Cold War. The Nuclear Posture Review conducted 
     by the Department of Defense affirms the fundamental 
     effectiveness of deterrence of large-scale nuclear attacks 
     now and into the future. While the threat of intentional 
     attack upon the United States has receded, the risk of an 
     accidental or unauthorized attack by Russia or China remains, 
     albeit remotely.
       (5) United States arms control agreements (notably the 
     START I Treaty and the START II Treaty, once implemented) 
     will significantly reduce the threat to the United States 
     from large-scale nuclear attack. The START I Treaty, when 
     fully implemented, will reduce deployed strategic warheads by 
     over 40 percent below 1990 levels. By the end of 1996, only 
     Russia, among the states of the former Soviet Union, will 
     deploy nuclear weapons. The START II Treaty, once 
     implemented, will reduce strategic warheads deployed in 
     Russia by 66 percent below their levels before the Start I 
     Treaty.
       (6) As strategic offensive weapons are reduced, the 
     efficacy and affordability of defensive systems increases, 
     strengthening the long-term prospects for deterrence based 
     upon effective defenses in addition to deterrence based upon 
     the threat of retaliation.
       (7) Countries hostile to the United States (such as Iraq, 
     Iran, North Korea, and Libya) have manifested an interest in 
     developing both nuclear weapons and ballistic missiles 
     capable of reaching the United States. In the absence of 
     outside assistance, newly emerging threats from these 
     countries may take as long as 15 years or more to mature, 
     according to recent intelligence estimates. These countries 
     could accelerate the development of long-range missiles if 
     they receive external support.
       (8) The Nuclear Non-Proliferation Treaty, the Missile 
     Technology Control Regime, the Biological and Chemical 
     Weapons Conventions, and continuing United States efforts to 
     enforce export controls may prevent or delay external 
     assistance needed by those countries to develop 
     intercontinental ballistic missiles and weapons of mass 
     destruction. Cooperation among our allies and the Russian 
     Federation to limit exports of the relevant hardware and 
     knowledge can help.
       (9) The ABM Treaty has added to strategic stability by 
     restraining the requirement on both sides for strategic 
     weapons. At the summit in May 1995, the President of the 
     United States and the President of Russia each reaffirmed his 
     country's commitment to the ABM Treaty.
       (10) Abrogating the ABM Treaty to deploy a noncompliant 
     national missile defense system will not add to strategic 
     stability if it impedes implementation of the START I or 
     START II Treaties. Without the reductions to strategic 
     weapons required by both treaties, the consequences and risks 
     of unauthorized or accidental launches will increase.
       (11) If the nuclear arsenal of the United States must be 
     maintained at START I levels, significant unbudgeted costs 
     will be incurred, encroaching on funds for ballistic missile 
     defenses and all other defense requirements.
       (12) Should the combination of arms control, 
     nonproliferation efforts, and deterrence fail, the United 
     States must be able to defend itself against limited 
     ballistic missile attack.
       (13) National missile defense systems consistent with the 
     ABM Treaty are capable of defending against limited ballistic 
     missile attack. Should a national missile defense system 
     require modification of the ABM Treaty, the treaty 
     establishes the means for the parties to amend the treaty, 
     which the parties have used in the past.
       (14) While a single-site national missile defense system 
     can defend all of the United States against limited ballistic 
     missile attacks, the addition of a second site would 
     substantially improve the effectiveness of a limited national 
     missile defense system.
       (15) Adding a second national missile defense site to the 
     initial national missile defense system at the former 
     Safeguard antiballistic missile defense site at Grand Forks, 
     North Dakota, results in only a slight degradation of two-
     site effectiveness when compared to two optimally-sited 
     national missile defense deployment locations.
       (b) Weapons of Mass Destruction Other Than Missile-
     Delivered Nuclear Weapons.--With respect to threatened 
     employment of weapons of mass destruction other than nuclear 
     weapons delivered by long-range ballistic missiles against 
     the United States, Congress makes the following findings:
       (1) In addition to the threat of nuclear weapons delivered 
     by long-range ballistic missiles, the United States faces 
     other threatened uses of weapons of mass destruction, 
     including chemical, biological, and radiological weapons, and 
     other delivery means, including commercial or private 
     aircraft, cruise missiles, international shipping containers 
     delivered by land or sea, and domestic manufacture and 
     delivery by private entities.
       (2) Chemical weapons have already threatened United States 
     citizens. The terrorist bomb used against the World Trade 
     Center in New York City contained materials intended to 
     generate lethal chemicals in addition to the explosive 
     effect, but the materials failed to generate a toxic mixture.
       (3) The explosive device used against the Murrah Federal 
     Building in Oklahoma City was constructed of commonly 
     available materials in the United States and delivered by 
     rental truck.
       (4) The Aum Shinrikyo sect in Japan manufactured lethal 
     sarin gas and released it in Tokyo subways, causing numerous 
     fatalities and thousands of casualties.
       (5) Chechen rebels threatened to spread lethal radiation 
     throughout Moscow and revealed to the media the location of a 
     small radioactive source hidden in a Moscow park.
       (6) Federal, State, and local governments are all poorly 
     prepared to deal with threatened or actual use of chemical, 
     biological, or radiological weapons against United States 
     cities.
       (7) Therefore, it is necessary for priorities to be 
     established for dealing with the full spectrum of threatened 
     use of weapons of mass destruction against the United States 
     based on assessments of the likelihood of the occurrence of 
     each particular threat, and for funding to be allocated in 
     accordance with those priorities.
       (c) Development of Complex Systems.--With respect to the 
     development of complex systems, Congress makes the following 
     findings:
       (1) The United States developed and deployed an 
     antiballistic missile system known as Safeguard. The system 
     was deactivated only months after achieving initial operating 
     capability because of high cost and concern about limited 
     effectiveness.
       (2) Since 1983, the United States has expended more than 
     $35,000,000,000 on the development of missile defenses, and 
     most of that has been expended for the development of 
     national missile defenses.
       (3) There exists today no operational hardware that could 
     be deployed to provide a national missile defense capability 
     against

[[Page S6873]]

     strategic ballistic missiles. Therefore, there exist no test 
     data from which to assess the performance and cost of a 
     deployed national missile defense system.
       (4) Congress has traditionally insisted that major weapon 
     systems be rigorously tested prior to full-rate production so 
     that system performance is demonstrated and system cost 
     estimates are better refined.
       (5) Therefore, consistent with that tradition, it is 
     appropriate that any national missile defense system 
     developed for deployment be rigorously tested prior to a 
     deployment decision in order to demonstrate successful 
     performance and refine system costs.

     SEC. 1303. NATIONAL MISSILE DEFENSE POLICY.

       (a) Research and Development Program.--(1) The Secretary of 
     Defense shall conduct a research and development program to 
     develop an antiballistic missile system described in 
     subsection (b) that could achieve initial operational 
     capability by the end of 2003.
       (2) A decision whether to deploy the antiballistic missile 
     system shall be made by Congress during 2000 in accordance 
     with this section.
       (3) The Secretary shall ensure that the development and 
     deployment of an antiballistic missile system under this 
     section fully complies with the ABM Treaty and with all other 
     treaty obligations.
       (b) System Design.--The antiballistic missile system 
     developed under subsection (a) shall--
       (1) be designed to protect the United States against 
     limited ballistic missile threats, including accidental or 
     unauthorized launches or attacks by Third World countries;
       (2) be developed for deployment at a single site; and
       (3) include as the system components--
       (A) fixed, ground-based, antiballistic missile battle 
     management radars at the site;
       (B) up to 100 ground-based interceptor missiles;
       (C) as necessary, space-based adjuncts, including the Space 
     Surveillance and Missile Tracking System, that are not 
     prohibited by the ABM Treaty; and
       (D) as necessary, Large Phased Array Radars (upgraded from 
     other radars or newly constructed) that are located on the 
     periphery of the United States, face outward, and are not 
     prohibited by the ABM Treaty.
       (c) Deployment Decision Factors.--The factors to be 
     considered by Congress for a decision to deploy the 
     antiballistic missile system are as follows:
       (1) The projected threat of ballistic missile attack 
     against the United States in 2000 and following years.
       (2) The projected cost and effectiveness of the system, 
     determined on the basis of the technology available in 2000 
     and the performance of the system as demonstrated in testing.
       (3) The projected cost and effectiveness of the system if, 
     at the time of the decision to deploy, development for 
     deployment were to be continued for--
       (A) one additional year,
       (B) two additional years, and
       (C) three additional years,

     taking into consideration the projected availability of any 
     synergistic systems that are under development in 2000.
       (4) Arms control factors.
       (5) The preparedness of the United States to defend the 
     United States against the full range of threats of attack by 
     weapons of mass destruction, and the relative priorities for 
     funding of defenses against such threats.
       (d) Deployment Recommendation.--Not later than March 31, 
     2000, the President shall submit to Congress a report 
     containing the President's recommendation regarding whether 
     to deploy the antiballistic missile system developed under 
     this section. In addition, the report shall include the 
     following:
       (1) A description of the system that could be deployed.
       (2) A discussion of the basis for the President's 
     recommendation in terms of the factors set forth in 
     subsection (c).
       (e) Congressional Decision on Deployment.--(1) The report 
     of the President under subsection (d) shall be referred to 
     the Committee on Armed Services of the Senate upon receipt in 
     the Senate and to the Committee on National Security of the 
     House of Representatives upon receipt in that House.
       (2) A joint resolution described in paragraph (1) of 
     subsection (f) that is introduced within the 30-day period 
     beginning on the date on which Congress receives the 
     President's report shall be considered under the expedited 
     procedures set forth in that subsection.
       (f) Expedited Procedure.--(1) For the purposes of 
     subsection (e)(2), ``joint resolution'' means only a joint 
     resolution the matter after the resolving clause of which is 
     as follows:

     ``Congress authorizes the Secretary of Defense to begin the 
     deployment at the former Safeguard antiballistic missile 
     site, Grand Forks, North Dakota, of an antiballistic missile 
     system that--
       ``(1) is designed to protect the United States against 
     limited ballistic missile threats, including accidental or 
     unauthorized launches or attacks by Third World countries;
       ``(2) is developed for deployment at a single site; and
       ``(3) includes as the system components--
       ``(A) fixed, ground-based, antiballistic missile battle 
     management radars at the site;
       ``(B) up to 100 ground-based interceptor missiles;
       ``(C) as necessary, space-based adjuncts, including the 
     Space Surveillance and Missile Tracking System, that are not 
     prohibited by the ABM Treaty; and
       ``(D) as necessary, Large Phased Array Radars (upgraded 
     from other radars or newly constructed) that are located on 
     the periphery of the United States, face outward, and are not 
     prohibited by the ABM Treaty.''.
       (2) A resolution described in paragraph (1) introduced in 
     the House of Representatives shall be referred to the 
     Committee on National Security of the House of 
     Representatives. A resolution described in paragraph (1) 
     introduced in the Senate shall be referred to the Committee 
     on Armed Services of the Senate. Such a resolution may not be 
     reported before the eighth day after its introduction.
       (3) If the committee to which is referred a resolution 
     described in paragraph (1) has not reported such resolution 
     (or an identical resolution) at the end of 30 days after its 
     introduction or at the end of the first day after there has 
     been reported to the House involved a joint resolution 
     described in paragraph (1), whichever is earlier, such 
     committee shall be deemed to be discharged from further 
     consideration of such resolution and such resolution shall be 
     placed on the appropriate calendar of the House involved.
       (4) When the committee to which a resolution is referred 
     has reported, or has been deemed to be discharged (under 
     paragraph (3)) from further consideration of, a resolution 
     described in paragraph (1), it is at any time thereafter in 
     order (even though a previous motion to the same effect has 
     been disagreed to) for any Member of the respective House to 
     move to proceed to the consideration of the resolution, and 
     all points of order against the resolution (and against 
     consideration of the resolution) are waived. The motion is 
     highly privileged in the House of Representatives and is 
     privileged in the Senate and is not debatable. The motion is 
     not subject to amendment, or to a motion to postpone, or to a 
     motion to proceed to the consideration of other business. A 
     motion to reconsider the vote by which the motion is agreed 
     to or disagreed to shall not be in order.
       (5) If, before the passage by one House of a resolution of 
     that House described in paragraph (1), that House receives 
     from the other House a resolution described in paragraph (1), 
     then the following procedures shall apply:
       (A) The resolution of the other House shall not be referred 
     to a committee.
       (B) With respect to a resolution described in paragraph (1) 
     of the House receiving the resolution--
       (i) the procedure in that House shall be the same as if no 
     resolution had been received from the other House; but
       (ii) the vote on final passage shall be on the resolution 
     of the other House.
       (6) This subsection is enacted by Congress--
       (A) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and as such it is 
     deemed a part of the rules of each House, respectively, but 
     applicable only with respect to the procedure to be followed 
     in that House in the case of a resolution described in 
     paragraph (1), and it supersedes other rules only to the 
     extent that it is inconsistent with such rules; and
       (B) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner and 
     to the same extent as in the case of any other rule of that 
     House.

     SEC. 1304. RELATIONSHIP OF ABM SYSTEM DEPLOYMENT AND ARMS 
                   CONTROL.

       (a) Findings.--Congress makes the following findings:
       (1) Deployment of an antiballistic missile system in 
     accordance with section 1303 is fully consistent with the 
     rights of the parties to the ABM Treaty.
       (2) Deployment of an antiballistic missile system in 
     accordance with section 1303 would not threaten the deterrent 
     capability of the Russian nuclear missile forces at force 
     levels agreed to under the START I Treaty, at force levels 
     permitted under the START II Treaty, or even at force levels 
     below the agreed or permitted force levels.
       (b) Discussions With Russia.--Congress urges the President 
     to pursue discussions with Russia regarding--
       (1) potential opportunities for cooperation on research and 
     development of ballistic missile defense capabilities, 
     including, for example--
       (A) research and development of missile warning and 
     tracking capabilities;
       (B) research and development of intelligence and warning 
     indications regarding Third World activities on ballistic 
     missiles and weapons of mass destruction; and
       (C) joint research and development of more effective 
     theater missile defenses;
       (2) amendments to the ABM Treaty, as necessary, that would 
     permit development and deployment of more effective limited 
     defenses of the two countries against long-range ballistic 
     missile attacks; and
       (3) establishment of conditions conducive to more effective 
     national missile defense, such as rescinding the 1974 
     Protocol to the ABM Treaty and making conforming changes to 
     the ABM Treaty in order to permit in each country a second 
     ballistic missile defense site, optimally located, and up to 
     100 additional interceptor missiles at such site.

[[Page S6874]]

       (c) Alternative Action Under ABM Treaty.--If the President 
     determines that, due to increasing threats of ballistic 
     missile attack on the United States, it is necessary to 
     expand the antiballistic missile system provided for under 
     section 1303 beyond limits provided under the ABM Treaty and 
     that discussions between the United States and Russia 
     regarding cooperative liberalization of those limits is 
     unsuccessful, the President shall consult with Congress on 
     whether to exercise the right under Article XV of the ABM 
     Treaty for a party to withdraw from the treaty.

     SEC. 1305. DEVELOPMENT OF FOLLOW-ON NATIONAL MISSILE DEFENSE 
                   TECHNOLOGIES.

       The Secretary of Defense, through the Ballistic Missile 
     Defense Organization, shall maintain a robust program of 
     research and development of national missile defense 
     technologies while developing for deployment the 
     antiballistic missile system provided for under section 1303. 
     These research and development activities shall be conducted 
     in full compliance with the ABM Treaty.

     SEC. 1306. POLICY REGARDING REDUCTION OF THE THREAT TO THE 
                   UNITED STATES FROM WEAPONS OF MASS DESTRUCTION.

       (a) Measures To Address Threats From Weapons of Mass 
     Destruction.--In order to defend against weapons of mass 
     destruction by preventing the spread of fissile materials and 
     other components of weapons of mass destruction, the 
     President shall--
       (1) enhance efforts, both unilaterally and in cooperation 
     with other nations, to prevent terrorist organizations from 
     obtaining and using weapons of mass destruction;
       (2) expedite United States efforts to assist the 
     Governments of Russia, Ukraine, Belarus, and Kazakhstan, as 
     appropriate, in improving the safety, security, and 
     accountability of fissile materials and nuclear warheads;
       (3) undertake additional steps to prevent weapons of mass 
     destruction and their components from being smuggled into the 
     United States, through the use of improved security devices 
     at United States ports of entry, increased numbers of Border 
     Patrol agents, increased monitoring of international borders, 
     and other appropriate measures;
       (4) seek the widest possible international adherence to the 
     Missile Technology Control Regime and pursue to the fullest 
     other export control measures intended to deter and counter 
     the spread of weapons of mass destruction and their 
     components; and
       (5) enhance conventional weapons systems to ensure that the 
     United States possesses effective deterrent and counterforce 
     capabilities against weapons of mass destruction and their 
     delivery systems.
       (b) Measures To Address Threats From ICBMs.--In order to 
     reduce the threat to the United States from weapons of mass 
     destruction delivered by intercontinental ballistic missiles, 
     including accidental or unauthorized launches, the President 
     shall--
       (1) urge the Government and Parliament of Russia to ratify 
     the START II Treaty as soon as possible, permitting its 
     expeditious entry into force;
       (2) pursue with the Government of Russia, after START II 
     entry-into-force, a symmetrical program of early deactivation 
     of strategic forces to be eliminated under START II; and
       (3) work jointly with countries possessing intercontinental 
     ballistic missiles to improve command and control technology 
     (such as permissive actions links and other safety devices) 
     and operations to the maximum extent practicable.
       (c) Plan To Reduce Threats of Weapons of Mass 
     Destruction.--The Secretary shall develop a comprehensive 
     plan for reducing the threat to the United States of weapons 
     of mass destruction. The Secretary shall develop the plan 
     jointly with the Secretary of State, the Secretary of Energy, 
     the Secretary of the Treasury, the Attorney General, and the 
     Director of Central Intelligence. The plan shall implement 
     the requirements of subsections (a) and (b).

     SEC. 1307. JOINT PRESIDENTIAL-CONGRESSIONAL REVIEW AFTER 
                   DEPLOYMENT OF INITIAL ABM SYSTEM.

       (a) Review Required.--After the first national missile 
     defense system deployed after the date of the enactment of 
     this Act attains initial operational capability, the 
     President and Congress shall jointly review the matters 
     described in subsection (b) in order to determine priorities 
     for future research and development, and possible deployment, 
     of national missile defense technologies and for continued 
     cooperation with Russia on arms control.
       (b) Matters To Be Reviewed.--The review shall cover the 
     following matters:
       (1) The status of cooperation and discussions between the 
     United States and Russia on matters described in section 
     1304(b) and on other matters of common interest for the 
     national security of both countries.
       (2) The projected threat of ballistic missile attack on the 
     United States.
       (3) Other projected threats of attacks on the United States 
     with weapons of mass destruction.
       (4) United States preparedness to respond to or defend 
     against such threats.
       (5) The status of research and development on national 
     missile defense technologies referred to in section 1305.

     SEC. 1308. REPORTING REQUIREMENT.

       (a) Requirement.--Not later than March 15, 1997, the 
     Secretary of Defense shall submit to Congress a report on the 
     following plans:
       (1) The Secretary's plan for the carrying out the national 
     missile defense program in accordance with the requirements 
     of this Act.
       (2) The plan for reducing the threat to the United States 
     of weapons of mass destruction prepared pursuant to section 
     1306(c).
       (b) Plan for National Missile Defense.--With respect to the 
     Secretary's plan for the national missile defense program, 
     the report shall include the following matters:
       (1) The antiballistic missile system architecture, 
     including--
       (A) a detailed description of the system architecture 
     selected for development; and
       (B) a justification of the architecture selected and 
     reasons for the rejection of the other candidate 
     architectures.
       (2) The Secretary's estimate of the amount of 
     appropriations required for research, development, test, and 
     evaluation, and for procurement, for each of fiscal years 
     1997 through 2003 in order to achieve an initial operational 
     capability of the antiballistic missile system in 2003.
       (3) A description of promising technologies to be pursued 
     in accordance with the requirements of section 1305.
       (4) A determination of the point, if any, at which any 
     activity that is required to be carried out under this title 
     would conflict with the terms of the ABM Treaty, together 
     with a description of any such activity, the legal basis for 
     the Secretary's determination, and an estimate of the time at 
     which such point would be reached in order to meet an initial 
     operating capability in the year 2003.

     SEC. 1309. TREATIES DEFINED.

       In this title:
       (1) The term ``ABM Treaty'' means the Treaty between the 
     United States and the Union of Soviet Socialist Republics on 
     the Limitation of Anti-Ballistic Missile Systems, signed at 
     Moscow on May 26, 1972, and includes Protocols to that Treaty 
     signed at Moscow on July 3, 1974, and all Agreed Statements 
     and amendments to such Treaty in effect.
       (2) The term ``START I Treaty'' means the Treaty Between 
     the United States of America and the Union of Soviet 
     Socialist Republics on the Reduction and Limitation of 
     Strategic Offensive Arms, signed at Moscow on July 31, 1991, 
     including related annexes on agreed statements and 
     definitions, protocols, and memorandum of understanding.
       (3) The term ``START II Treaty'' means the Treaty Between 
     the United States of America and the Russian Federation on 
     Further Reduction and Limitation of Strategic Offensive Arms, 
     signed at Moscow on January 3, 1993, including the following 
     protocols and memorandum of understanding, all such documents 
     being integral parts of and collectively referred to as the 
     ``START II Treaty'' (contained in Treaty Document 103-1):
       (A) The Protocol on Procedures Governing Elimination of 
     Heavy ICBMs and on Procedures Governing Conversion of Silo 
     Launchers of Heavy ICBMs Relating to the Treaty Between the 
     United States of America and the Russian Federation on 
     Further Reduction and Limitation of Strategic Offensive Arms 
     (also known as the ``Elimination and Conversion Protocol'').
       (B) The Protocol on Exhibitions and Inspections of Heavy 
     Bombers Relating to the Treaty Between the United States and 
     the Russian Federation on Further Reduction and Limitation of 
     Strategic Offensive Arms (also known as the ``Exhibitions and 
     Inspections Protocol'').
       (C) The Memorandum of Understanding on Warhead Attribution 
     and Heavy Bomber Data Relating to the Treaty Between the 
     United States of America and the Russian Federation on 
     Further Reduction and Limitation of Strategic Offensive Arms 
     (also known as the ``Memorandum on Attribution'').
       (4) The term ``Missile Technology Control Regime'' has the 
     meaning given such term in section 11B(c) of the Export 
     Administration Act of 1979 (50 U.S.C. App. 2410b(c)).
                                 ______


                  NUNN (AND OTHERS) AMENDMENT NO. 4181

  (Ordered to lie on the table.)
  Mr. NUNN (for himself, Mr. Lugar, and Mr. Domenici) submitted an 
amendment intended to be proposed by them to the bill, S. 1745, supra; 
as follows:

       At the end of division A, add the following new title:
        TITLE XIII--DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

     SEC. 1301. SHORT TITLE.

       This title may be cited as the ``Defense Against Weapons of 
     Mass Destruction Act of 1996''.

     SEC. 1302. FINDINGS.

       Congress makes the following findings:
       (1) Weapons of mass destruction and related materials and 
     technologies are increasingly available from worldwide 
     sources. Technical information relating to such weapons is 
     readily available on the Internet, and raw materials for 
     chemical, biological, and radiological weapons are widely 
     available for legitimate commercial purposes.
       (2) The former Soviet Union produced and maintained a vast 
     array of nuclear, biological, and chemical weapons of mass 
     destruction.
       (3) Many of the states of the former Soviet Union retain 
     the facilities, materials, and

[[Page S6875]]

     technologies capable of producing additional quantities of 
     weapons of mass destruction.
       (4) The disintegration of the former Soviet Union was 
     accompanied by disruptions of command and control systems, 
     deficiencies in accountability for weapons, weapons-related 
     materials and technologies, economic hardships, and 
     significant gaps in border control among the states of the 
     former Soviet Union. The problems of organized crime and 
     corruption in the states of the former Soviet Union increase 
     the potential for proliferation of nuclear, radiological, 
     biological, and chemical weapons and related materials.
       (5) The conditions described in paragraph (4) have 
     substantially increased the ability of potentially hostile 
     nations, terrorist groups, and individuals to acquire weapons 
     of mass destruction and related materials and technologies 
     from within the states of the former Soviet Union and from 
     unemployed scientists who worked on those programs.
       (6) As a result of such conditions, the capability of 
     potentially hostile nations and terrorist groups to acquire 
     nuclear, radiological, biological, and chemical weapons is 
     greater than any time in history.
       (7) The President has identified North Korea, Iraq, Iran, 
     and Libya as hostile states which already possess some 
     weapons of mass destruction and are developing others.
       (8) The acquisition or the development and use of weapons 
     of mass destruction is well within the capability of many 
     extremist and terrorist movements, acting independently or as 
     proxies for foreign states.
       (9) Foreign states can transfer weapons to or otherwise aid 
     extremist and terrorist movements indirectly and with 
     plausible deniability.
       (10) Terrorist groups have already conducted chemical 
     attacks against civilian targets in the United States and 
     Japan, and a radiological attack in Russia.
       (11) The potential for the national security of the United 
     States to be threatened by nuclear, radiological, chemical, 
     or biological terrorism must be taken as seriously as the 
     risk of an attack by long-range ballistic missiles carrying 
     nuclear weapons.
       (12) There is a significant and growing threat of attack by 
     weapons of mass destruction on targets that are not military 
     targets in the usual sense of the term.
       (13) Concomitantly, the threat posed to the citizens of the 
     United States by nuclear, radiological, biological, and 
     chemical weapons delivered by unconventional means is 
     significant and growing.
       (14) Mass terror may result from terrorist incidents 
     involving nuclear, radiological, biological, or chemical 
     materials, even if such materials are not configured as 
     military weapons.
       (15) Facilities required for production of radiological, 
     biological, and chemical weapons are much smaller and harder 
     to detect than nuclear weapons facilities, and biological, 
     and chemical weapons can be deployed by alternative delivery 
     means that are much harder to detect than long-range 
     ballistic missiles.
       (16) Such delivery systems have no assignment of 
     responsibility, unlike ballistic missiles, for which a launch 
     location would be unambiguously known.
       (17) Covert or unconventional means of delivery of nuclear, 
     radiological, biological, and chemical weapons, which might 
     be preferable to foreign states and nonstate organizations, 
     include cargo ships, passenger aircraft, commercial and 
     private vehicles and vessels, and commercial cargo shipments 
     routed through multiple destinations.
       (18) Traditional arms control efforts assume large state 
     efforts with detectable manufacturing programs and weapons 
     production programs, but are ineffective in monitoring and 
     controlling smaller, though potentially more dangerous, 
     unconventional proliferation efforts.
       (19) Conventional counterproliferation efforts would do 
     little to detect or prevent the rapid development of a 
     capability to suddenly manufacture several hundred chemical 
     or biological weapons with nothing but commercial supplies 
     and equipment.
       (20) The United States lacks adequate planning and 
     countermeasures to address the threat of nuclear, 
     radiological, biological, and chemical terrorism.
       (21) The Department of Energy has established a Nuclear 
     Emergency Response Team which is available in case of nuclear 
     or radiological emergencies, but no comparable units exist to 
     deal with emergencies involving biological, or chemical 
     weapons or related materials.
       (22) State and local emergency response personnel are not 
     adequately prepared or trained for incidents involving 
     nuclear, radiological, biological, or chemical materials.
       (23) Exercises of the Federal, State, and local response to 
     nuclear, radiological, biological, or chemical terrorism have 
     revealed serious deficiencies in preparedness and severe 
     problems of coordination.
       (24) The development of, and allocation of responsibilities 
     for, effective countermeasures to nuclear, radiological, 
     biological, or chemical terrorism in the United States 
     requires well-coordinated participation of many Federal 
     agencies, and careful planning by the Federal Government and 
     State and local governments.
       (25) Training and exercises can significantly improve the 
     preparedness of State and local emergency response personnel 
     for emergencies involving nuclear, radiological, biological, 
     or chemical weapons or related materials.
       (26) Sharing of the expertise and capabilities of the 
     Department of Defense, which traditionally has provided 
     assistance to Federal, State, and local officials in 
     neutralizing, dismantling, and disposing of explosive 
     ordnance, as well as radiological, biological, and chemical 
     materials, can be a vital contribution to the development and 
     deployment of countermeasures against nuclear, biological, 
     and chemical weapons of mass destruction.
       (27) The United States lacks effective policy coordination 
     regarding the threat posed by the proliferation of weapons of 
     mass destruction.

     SEC. 1303. DEFINITIONS.

       In this title:
       (1) The term ``weapon of mass destruction'' means any 
     weapon or device that is intended, or has the capability, to 
     cause death or serious bodily injury to a significant number 
     of people through the release, dissemination, or impact of--
       (A) toxic or poisonous chemicals or their precursors;
       (B) a disease organism; or
       (C) radiation or radioactivity.
       (2) The term ``independent states of the former Soviet 
     Union'' has the meaning given the term in section 3 of the 
     FREEDOM Support Act (22 U.S.C. 5801).
       (3) The term ``highly enriched uranium'' means uranium 
     enriched to 20 percent or more in the isotope U-235.
                   Subtitle A--Domestic Preparedness

     SEC. 1311. EMERGENCY RESPONSE ASSISTANCE PROGRAM.

       (a) Program Required.--(1) The Secretary of Defense shall 
     carry out a program to provide civilian personnel of Federal, 
     State, and local agencies with training and expert advice 
     regarding emergency responses to a use or threatened use of a 
     weapon of mass destruction or related materials.
       (2) The President may designate the head of an agency other 
     than the Department of Defense to assume the responsibility 
     for carrying out the program on or after October 1, 1999, and 
     relieve the Secretary of Defense of that responsibility upon 
     the assumption of the responsibility by the designated 
     official.
       (3) Hereafter in this section, the official responsible for 
     carrying out the program is referred to as the ``lead 
     official''.
       (b) Coordination.--In carrying out the program, the lead 
     official shall coordinate with each of the following 
     officials who is not serving as the lead official:
       (1) The Director of the Federal Emergency Management 
     Agency.
       (2) The Secretary of Energy.
       (3) The Secretary of Defense.
       (4) The heads of any other Federal, State, and local 
     government agencies that have an expertise or 
     responsibilities relevant to emergency responses described in 
     subsection (a)(1).
       (c) Eligible Participants.--The civilian personnel eligible 
     to receive assistance under the program are civilian 
     personnel of Federal, State, and local agencies who have 
     emergency preparedness responsibilities.
       (d) Involvement of Other Federal Agencies.--(1) The lead 
     official may use personnel and capabilities of Federal 
     agencies outside the agency of the lead official to provide 
     training and expert advice under the program.
       (2)(A) Personnel used under paragraph (1) shall be 
     personnel who have special skills relevant to the particular 
     assistance that the personnel are to provide.
       (B) Capabilities used under paragraph (1) shall be 
     capabilities that are especially relevant to the particular 
     assistance for which the capabilities are used.
       (e) Available Assistance.--Assistance available under this 
     program shall include the following:
       (1) Training in the use, operation, and maintenance of 
     equipment for--
       (A) detecting a chemical or biological agent or nuclear 
     radiation;
       (B) monitoring the presence of such an agent or radiation;
       (C) protecting emergency personnel and the public; and
       (D) decontamination.
       (2) Establishment of a designated telephonic link (commonly 
     referred to as a ``hot line'') to a designated source of 
     relevant data and expert advice for the use of State or local 
     officials responding to emergencies involving a weapon of 
     mass destruction or related materials.
       (3) Use of the National Guard and other reserve components 
     for purposes authorized under this section that are specified 
     by the lead official (with the concurrence of the Secretary 
     of Defense if the Secretary is not the lead official).
       (4) Loan of appropriate equipment.
       (f) Limitations on Department of Defense Assistance to Law 
     Enforcement Agencies.--Assistance provided by the Department 
     of Defense to law enforcement agencies under this section 
     shall be provided under the authority of, and subject to the 
     restrictions provided in, chapter 18 of title 10, United 
     States Code.
       (g) Administration of Department of Defense Assistance.--
     The Secretary of Defense shall designate an official within 
     the Department of Defense to serve as the executive agent of 
     the Secretary for the coordination of the provision of 
     Department of Defense assistance under this section.
       (h) Funding.--(1) Of the total amount authorized to be 
     appropriated under section 301, $35,000,000 is available for 
     the program required under this section.
       (2) Of the amount available for the program pursuant to 
     paragraph (1), $10,500,000 is

[[Page S6876]]

     available for use by the Secretary of Defense to assist the 
     Surgeon General of the United States in the establishment of 
     metropolitan emergency medical response teams (commonly 
     referred to as ``Metropolitan Medical Strike Force Teams'') 
     to provide medical services that are necessary or potentially 
     necessary by reason of a use or threatened use of a weapon of 
     mass destruction.
       (3) The amount available for the program under paragraph 
     (1) is in addition to any other amounts authorized to be 
     appropriated for the program under section 301.

     SEC. 1312. NUCLEAR, CHEMICAL, AND BIOLOGICAL EMERGENCY 
                   RESPONSE.

       (a) Department of Defense.--The Secretary of Defense shall 
     designate an official within the Department of Defense as the 
     executive agent for--
       (1) the coordination of Department of Defense assistance to 
     Federal, State, and local officials in responding to threats 
     involving biological or chemical weapons or related materials 
     or technologies, including assistance in identifying, 
     neutralizing, dismantling, and disposing of biological and 
     chemical weapons and related materials and technologies; and
       (2) the coordination of Department of Defense assistance to 
     the Department of Energy in carrying out that department's 
     responsibilities under subsection (b).
       (b) Department of Energy.--The Secretary of Energy shall 
     designate an official within the Department of Energy as the 
     executive agent for--
       (1) the coordination of Department of Energy assistance to 
     Federal, State, and local officials in responding to threats 
     involving nuclear weapons or related materials or 
     technologies, including assistance in identifying, 
     neutralizing, dismantling, and disposing of nuclear weapons 
     and related materials and technologies; and
       (2) the coordination of Department of Energy assistance to 
     the Department of Defense in carrying out that department's 
     responsibilities under subsection (a).
       (c) Funding.--(1)(A) Of the total amount authorized to be 
     appropriated under section 301, $15,000,000 is available for 
     providing assistance described in subsection (a).
       (B) The amount available under subparagraph (A) for 
     providing assistance described in subsection (a) is in 
     addition to any other amounts authorized to be appropriated 
     under section 301 for that purpose.
       (2)(A) Of the total amount authorized to be appropriated 
     under title XXXI, $15,000,000 is available for providing 
     assistance described in subsection (b).
       (B) The amount available under subparagraph (A) for 
     providing assistance is in addition to any other amounts 
     authorized to be appropriated under title XXXI for that 
     purpose.

     SEC. 1313. MILITARY ASSISTANCE TO CIVILIAN LAW ENFORCEMENT 
                   OFFICIALS IN EMERGENCY SITUATIONS INVOLVING 
                   BIOLOGICAL OR CHEMICAL WEAPONS.

       (a) Assistance Authorized.--(1) The chapter 18 of title 10, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 382. Emergency situations involving chemical or 
       biological weapons of mass destruction

       ``(a) In General.--The Secretary of Defense, upon the 
     request of the Attorney General, may provide assistance in 
     support of Department of Justice activities relating to the 
     enforcement of section 175 or 2332c of title 18 during an 
     emergency situation involving a biological or chemical weapon 
     of mass destruction. Department of Defense resources, 
     including personnel of the Department of Defense, may be used 
     to provide such assistance if--
       ``(1) the Secretary of Defense and the Attorney General 
     jointly determine that an emergency situation exists; and
       ``(2) the Secretary of Defense determines that the 
     provision of such assistance will not adversely affect the 
     military preparedness of the United States.
       ``(b) Emergency Situations Covered.--As used in this 
     section, the term `emergency situation involving a biological 
     or chemical weapon of mass destruction' means a circumstance 
     involving a biological or chemical weapon of mass 
     destruction--
       ``(1) that poses a serious threat to the interests of the 
     United States; and
       ``(2) in which--
       ``(A) civilian expertise and capabilities are not readily 
     available to provide the required assistance to counter the 
     threat immediately posed by the weapon involved;
       ``(B) special capabilities and expertise of the Department 
     of Defense are necessary and critical to counter the threat 
     posed by the weapon involved; and
       ``(C) enforcement of section 175 or 2332c of title 18 would 
     be seriously impaired if the Department of Defense assistance 
     were not provided.
       ``(c) Forms of Assistance.--The assistance referred to in 
     subsection (a) includes the operation of equipment (including 
     equipment made available under section 372 of this title) to 
     monitor, contain, disable, or dispose of the weapon involved 
     or elements of the weapon.
       ``(d) Regulations.--(1) The Secretary of Defense and the 
     Attorney General shall jointly issue regulations concerning 
     the types of assistance that may be provided under this 
     section. Such regulations shall also describe the actions 
     that Department of Defense personnel may take in 
     circumstances incident to the provision of assistance under 
     this section.
       ``(2)(A) Except as provided in subparagraph (B), the 
     regulations may not authorize the following actions:
       ``(i) Arrest.
       ``(ii) Any direct participation in conducting a search for 
     or seizure of evidence related to a violation of section 175 
     or 2332c of title 18.
       ``(iii) Any direct participation in the collection of 
     intelligence for law enforcement purposes.
       ``(B) The regulations may authorize an action described in 
     subparagraph (A) to be taken under the following conditions:
       ``(i) The action is considered necessary for the immediate 
     protection of human life, and civilian law enforcement 
     officials are not capable of taking the action.
       ``(ii) The action is otherwise authorized under subsection 
     (c) or under otherwise applicable law.
       ``(e) Reimbursements.--The Secretary of Defense shall 
     require reimbursement as a condition for providing assistance 
     under this section to the extent required under section 377 
     of this title.
       ``(f) Delegations of Authority.--(1) Except to the extent 
     otherwise provided by the Secretary of Defense, the Deputy 
     Secretary of Defense may exercise the authority of the 
     Secretary of Defense under this section. The Secretary of 
     Defense may delegate the Secretary's authority under this 
     section only to an Under Secretary of Defense or an Assistant 
     Secretary of Defense and only if the Under Secretary or 
     Assistant Secretary to whom delegated has been designated by 
     the Secretary to act for, and to exercise the general powers 
     of, the Secretary.
       ``(2) Except to the extent otherwise provided by the 
     Attorney General, the Deputy Attorney General may exercise 
     the authority of the Attorney General under this section. The 
     Attorney General may delegate that authority only to the 
     Associate Attorney General or an Assistant Attorney General 
     and only if the Associate Attorney General or Assistant 
     Attorney General to whom delegated has been designated by the 
     Attorney General to act for, and to exercise the general 
     powers of, the Attorney General.
       ``(g) Relationship to Other Authority.--Nothing in this 
     section shall be construed to restrict any executive branch 
     authority regarding use of members of the armed forces or 
     equipment of the Department of Defense that was in effect 
     before the date of the enactment of the National Defense 
     Authorization Act for Fiscal Year 1997.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following:

``382. Emergency situations involving chemical or biological weapons of 
              mass destruction.''.

       (b) Conforming Amendment to Condition for Providing 
     Equipment and Facilities.--Section 372(b)(1) of title 10, 
     United States Code, is amended by adding at the end the 
     following: ``The requirement for a determination that an item 
     is not reasonably available from another source does not 
     apply to assistance provided under section 382 of this title 
     pursuant to a request of the Attorney General for the 
     assistance.''.
       (c) Conforming Amendments Relating to Authority To Request 
     Assistance.--(1)(A) Chapter 10 of title 18, United States 
     Code, is amended by inserting after section 175 the 
     following:

     ``Sec. 175a. Requests for military assistance to enforce 
       prohibition in certain emergencies

       ``The Attorney General may request the Secretary of Defense 
     to provide assistance under section 382 of title 10 in 
     support of Department of Justice activities relating to the 
     enforcement of section 175 of this title in an emergency 
     situation involving a biological weapon of mass destruction. 
     The authority to make such a request may be exercised by 
     another official of the Department of Justice in accordance 
     with section 382(f)(2) of title 10.''.
       (B) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     175 the following:

``175a. Requests for military assistance to enforce prohibition in 
              certain emergencies.''.

       (2)(A) The chapter 133B of title 18, United States Code, 
     that relates to terrorism is amended by inserting after 
     section 2332c the following:

     ``Sec. 2332d. Requests for military assistance to enforce 
       prohibition in certain emergencies

       ``The Attorney General may request the Secretary of Defense 
     to provide assistance under section 382 of title 10 in 
     support of Department of Justice activities relating to the 
     enforcement of section 2332c of this title during an 
     emergency situation involving a chemical weapon of mass 
     destruction. The authority to make such a request may be 
     exercised by another official of the Department of Justice in 
     accordance with section 382(f)(2) of title 10.''.
       (B) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     2332c the following:

``2332d. Requests for military assistance to enforce prohibition in 
              certain emergencies.''.

       (d) Civilian Expertise.--The President shall take 
     reasonable measures to reduce the reliance of civilian law 
     enforcement officials on Department of Defense resources to 
     counter the threat posed by the use or potential use of 
     biological and chemical weapons

[[Page S6877]]

     of mass destruction within the United States. The measures 
     shall include--
       (1) actions to increase civilian law enforcement expertise 
     to counter such a threat; and
       (2) actions to improve coordination between civilian law 
     enforcement officials and other civilian sources of 
     expertise, within and outside the Federal Government, to 
     counter such a threat.
       (e) Reports.--The President shall submit to Congress the 
     following reports:
       (1) Not later than 90 days after the date of the enactment 
     of this Act, a report describing the respective policy 
     functions and operational roles of Federal agencies in 
     countering the threat posed by the use or potential use of 
     biological and chemical weapons of mass destruction within 
     the United States.
       (2) Not later than one year after such date, a report 
     describing--
       (A) the actions planned to be taken to carry out subsection 
     (d); and
       (B) the costs of such actions.
       (3) Not later than three years after such date, a report 
     updating the information provided in the reports submitted 
     pursuant to paragraphs (1) and (2), including the measures 
     taken pursuant to subsection (d).

     SEC. 1314. TESTING OF PREPAREDNESS FOR EMERGENCIES INVOLVING 
                   NUCLEAR, RADIOLOGICAL, CHEMICAL, AND BIOLOGICAL 
                   WEAPONS.

       (a) Emergencies Involving Chemical or Biological Weapons.--
     (1) The Secretary of Defense shall develop and carry out a 
     program for testing and improving the responses of Federal, 
     State, and local agencies to emergencies involving biological 
     weapons and related materials and emergencies involving 
     chemical weapons and related materials.
       (2) The program shall include exercises to be carried out 
     during each of five successive fiscal years beginning with 
     fiscal year 1997.
       (3) In developing and carrying out the program, the 
     Secretary shall coordinate with the Director of the Federal 
     Bureau of Investigation, the Director of the Federal 
     Emergency Management Agency, the Secretary of Energy, and the 
     heads of any other Federal, State, and local government 
     agencies that have an expertise or responsibilities relevant 
     to emergencies described in paragraph (1).
       (b) Emergencies Involving Nuclear and Radiological 
     Weapons.--(1) The Secretary of Energy shall develop and carry 
     out a program for testing and improving the responses of 
     Federal, State, and local agencies to emergencies involving 
     nuclear and radiological weapons and related materials.
       (2) The program shall include exercises to be carried out 
     during each of five successive fiscal years beginning with 
     fiscal year 1997.
       (3) In developing and carrying out the program, the 
     Secretary shall coordinate with the Director of the Federal 
     Bureau of Investigation, the Director of the Federal 
     Emergency Management Agency, the Secretary of Defense, and 
     the heads of any other Federal, State, and local government 
     agencies that have an expertise or responsibilities relevant 
     to emergencies described in paragraph (1).
       (c) Annual Revisions of Programs.--The official responsible 
     for carrying out a program developed under subsection (a) or 
     (b) shall revise the program not later than June 1 in each 
     fiscal year covered by the program. The revisions shall 
     include adjustments that the official determines necessary or 
     appropriate on the basis of the lessons learned from the 
     exercise or exercises carried out under the program in the 
     fiscal year, including lessons learned regarding coordination 
     problems and equipment deficiencies.
       (d) Option To Transfer Responsibility.--(1) The President 
     may designate the head of an agency outside the Department of 
     Defense to assume the responsibility for carrying out the 
     program developed under subsection (a) beginning on or after 
     October 1, 1999, and relieve the Secretary of Defense of that 
     responsibility upon the assumption of the responsibility by 
     the designated official.
       (2) The President may designate the head of an agency 
     outside the Department of Energy to assume the responsibility 
     for carrying out the program developed under subsection (b) 
     beginning on or after October 1, 1999, and relieve the 
     Secretary of Energy of that responsibility upon the 
     assumption of the responsibility by the designated official.
       (e) Funding.--(1) Of the total amount authorized to be 
     appropriated under section 301, $15,000,000 is available for 
     the development and execution of the programs required by 
     this section, including the participation of State and local 
     agencies in exercises carried out under the programs.
       (2) The amount available under paragraph (1) for the 
     development and execution of programs referred to in that 
     paragraph is in addition to any other amounts authorized to 
     be appropriated under section 301 for such purposes.
  Subtitle B--Interdiction of Weapons of Mass Destruction and Related 
                               Materials

     SEC. 1321. UNITED STATES BORDER SECURITY.

       (a) Procurement of Detection Equipment.--(1) Of the amount 
     authorized to be appropriated by section 301, $15,000,000 is 
     available for the procurement of--
       (A) equipment capable of detecting the movement of weapons 
     of mass destruction and related materials into the United 
     States;
       (B) equipment capable of interdicting the movement of 
     weapons of mass destruction and related materials into the 
     United States; and
       (C) materials and technologies related to use of equipment 
     described in subparagraph (A) or (B).
       (2) The amount available under paragraph (1) for the 
     procurement of items referred to in that paragraph is in 
     addition to any other amounts authorized to be appropriated 
     under section 301 for such purpose.
       (b) Availability of Equipment to Commissioner of Customs.--
     To the extent authorized under chapter 18 of title 10, United 
     States Code, the Secretary of Defense may make equipment of 
     the Department of Defense described in subsection (a), and 
     related materials and technologies, available to the 
     Commissioner of Customs for use in detecting and interdicting 
     the movement of weapons of mass destruction into the United 
     States.

     SEC. 1322. NONPROLIFERATION AND COUNTER-

         PROLIFERATION RESEARCH AND DEVELOPMENT.

       (a) Biological and Chemical Weapons.--The Secretary of 
     Defense shall be the lead official of the Federal Government 
     for coordinating the research and development activities of 
     the Federal Government on technical means for detecting the 
     presence of, the illegal transportation of, the illegal 
     production of, and the illegal use of materials and 
     technologies that may be used to make a biological or 
     chemical weapon and materials (including precursors) and 
     technologies that are suitable for use in making such a 
     weapon.
       (b) Nuclear and Radiological Weapons.--The Secretary of 
     Energy shall be the lead official of the Federal Government 
     for coordinating the research and development activities of 
     the Federal Government on technical means for detecting the 
     presence of, the illegal transportation of, the illegal 
     production of, and the illegal use of materials and 
     technologies that may be used to make a nuclear or 
     radiological weapon and materials and technologies that are 
     suitable for use in making a nuclear or radiological weapon.
       (c) Consultation Requirement.--In carrying out research and 
     development activities under subsection (a) or (b), the 
     Secretary of Defense or the Secretary of Energy, 
     respectively, shall consult with each other and the following 
     officials:
       (1) The Director of Central Intelligence.
       (2) The Director of the Federal Bureau of Investigation.
       (3) The Commissioner of Customs.
       (d) Funding.--(1)(A) There is authorized to be appropriated 
     for fiscal year 1997 $10,000,000 for research and development 
     coordinated by the Secretary of Defense under subsection (a).
       (B) The amount authorized to be appropriated for research 
     and development under subparagraph (A) is in addition any 
     other amounts that are authorized to be appropriated under 
     this Act for such research and development, including funds 
     authorized to be appropriated for research and development 
     relating to nonproliferation of weapons of mass destruction.
       (2)(A) Of the total amount authorized to be appropriated 
     under title XXXI, $19,000,000 is available for research and 
     development coordinated by the Secretary of Energy under 
     subsection (b).
       (B) The amount available under subparagraph (B) is in 
     addition to any other amount authorized to be appropriated 
     under title XXXI for such research and development.

     SEC. 1323. INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT.

       Section 203 of the International Emergency Economic Powers 
     Act (50 U.S.C. 1702) is amended--
       (1) in subsection (a)(1)(B), by striking out ``importation 
     or exportation of,'' and inserting in lieu thereof 
     ``importation, exportation, or attempted importation or 
     exportation of,''; and
       (2) in subsection (b)(3), by striking out ``importation 
     from any country, or the exportation'' and inserting in lieu 
     thereof ``importation or attempted importation from any 
     country, or the exportation or attempted exportation''.

     SEC. 1324. CRIMINAL PENALTIES.

       It is the sense of Congress that--
       (1) the sentencing guidelines prescribed by the United 
     States Sentencing Commission for the offenses of importation, 
     attempted importation, exportation, and attempted exportation 
     of nuclear, biological, and chemical weapons materials 
     constitute inadequate punishment for such offenses; and
       (2) Congress urges the United States Sentencing Commission 
     to revise the relevant sentencing guidelines to provide for 
     increased penalties for offenses relating to importation, 
     attempted importation, exportation, and attempted exportation 
     of nuclear, biological, or chemical weapons or related 
     materials or technologies under--
       (A) section 11 of the Export Administration Act of 1979 (50 
     U.S.C. App. 2410);
       (B) sections 38 and 40 the Arms Export Control Act (22 
     U.S.C. 2778 and 2780);
       (C) the International Emergency Economic Powers Act (50 
     U.S.C. 1701 et seq.); and
       (D) section 309(c) of the Nuclear Non-Proliferation Act of 
     1978 (22 U.S.C. 2156a(c).

     SEC. 1325. INTERNATIONAL BORDER SECURITY.

       (a) Secretary of Defense Responsibility.--The Secretary of 
     Defense, in consultation and cooperation with the 
     Commissioner of Customs, shall carry out programs for 
     assisting customs officials and border guard officials in the 
     independent states of the former Soviet Union, the Baltic 
     states, and other countries of Eastern Europe in preventing 
     unauthorized transfer and transportation of nuclear, 
     biological, and chemical weapons and related materials. 
     Training, expert advice, maintenance of equipment, loan of 
     equipment, and audits may be provided under or in connection 
     with the programs.

[[Page S6878]]

       (b) Funding.--(1) Of the total amount authorized to be 
     appropriated by section 301, $15,000,000 is available for 
     carrying out the programs referred to in subsection (a).
       (2) The amount available under paragraph (1) for programs 
     referred to in that paragraph is in addition to any other 
     amounts authorized to be appropriated under section 301 for 
     such programs.
Subtitle C--Control and Disposition of Weapons of Mass Destruction and 
            Related Materials Threatening the United States

     SEC. 1331. PROTECTION AND CONTROL OF MATERIALS CONSTITUTING A 
                   THREAT TO THE UNITED STATES.

       (a) Department of Energy Program.--Subject to subsection 
     (c)(1), the Secretary of Energy may, under materials 
     protection, control, and accounting assistance of the 
     Department of Energy, provide assistance for securing from 
     theft or other unauthorized disposition nuclear materials 
     that are not so secured and are located at any site within 
     the former Soviet Union where effective controls for securing 
     such materials are not in place.
       (b) Department of Defense Program.--Subject to subsection 
     (c)(2), the Secretary of Defense may provide materials 
     protection, control, and accounting assistance under the 
     Cooperative Threat Reduction Programs of the Department of 
     Defense for securing from theft or other unauthorized 
     disposition, or for destroying, nuclear, radiological, 
     biological, or chemical weapons (or related materials) that 
     are not so secure and are located at any site within the 
     former Soviet Union where effective controls for securing 
     such weapons are not in place.
       (c) Funding.--(1)(A) Of the total amount authorized to be 
     appropriated under title XXXI, $15,000,000 is available for 
     materials protection, control, and accounting assistance of 
     the Department of Energy for providing assistance under 
     subsection (a).
       (B) The amount available under subparagraph (A) is in 
     addition to any other funds that are authorized to be 
     appropriated under title XXXI for materials protection, 
     control, and accounting assistance of the Department of 
     Energy.
       (2)(A) Of the total amount authorized to be appropriated 
     under section 301, $10,000,000 is available for the 
     Cooperative Threat Reduction Programs of the Department of 
     Defense for providing materials protection, control, and 
     accounting assistance under subsection (b).
       (B) The amount available under subparagraph (A) is in 
     addition to any other funds that are authorized to be 
     appropriated by section 301 for materials protection, 
     control, and accounting assistance of the Department of 
     Defense.

     SEC. 1332. VERIFICATION OF DISMANTLEMENT AND CONVERSION OF 
                   WEAPONS AND MATERIALS.

       (a) Funding for Cooperative Activities for Development of 
     Technologies.--Of the total amount authorized to be 
     appropriated under title XXXI, $10,000,000 is available for 
     continuing and expediting cooperative activities with the 
     Government of Russia to develop and deploy--
       (1) technologies for improving verification of nuclear 
     warhead dismantlement;
       (2) technologies for converting plutonium from weapons into 
     forms that--
       (A) are better suited for long-term storage than are the 
     forms from which converted;
       (B) facilitate verification; and
       (C) are suitable for nonweapons use; and
       (3) technologies that promote openness in Russian 
     production, storage, use, and final and interim disposition 
     of weapon-usable fissible material, including at tritium/
     isotope production reactors, uranium enrichment plants, 
     chemical separation plants, and fabrication facilities 
     associated with naval and civil research reactors.
       (b) Weapons-Usable Fissile Materials To Be Covered by 
     Cooperative Threat Reduction Programs on Elimination or 
     Transportation of Nuclear Weapons.--Section 1201(b)(1) of the 
     National Defense Authorization Act for Fiscal Year 1996 
     (Public Law 104-106; 110 Stat. 469; 22 U.S.C. 5955 note) is 
     amended by inserting ``, fissile material suitable for use in 
     nuclear weapons,'' after ``other weapons''.

     SEC. 1333. ELIMINATION OF PLUTONIUM PRODUCTION.

       (a) Replacement Program.--The Secretary of Defense, in 
     consultation with the Secretary of Energy, shall develop a 
     cooperative program with the Government of Russia to 
     eliminate the production of weapons grade plutonium by 
     modifying or replacing the reactor cores at Tomsk-7 and 
     Krasnoyarsk-26 with reactor cores that are less suitable for 
     the production of weapons-grade plutonium.
       (b) Program Requirements.--(1) The program shall be 
     designed to achieve completion of the modifications or 
     replacements of the reactor cores within three years after 
     the modification or replacement activities under the program 
     are begun.
       (2) The plan for the program shall--
       (A) specify--
       (i) successive steps for the modification or replacement of 
     the reactor cores; and
       (ii) clearly defined milestones to be achieved; and
       (B) include estimates of the costs of the program.
       (c) Submission of Program Plan to Congress.--Not later than 
     180 days after the date of the enactment of this Act, the 
     Secretary of Defense shall submit to Congress--
       (1) a plan for the program under subsection (a);
       (2) an estimate of the United States funding that is 
     necessary for carrying out the activities under the program 
     for each fiscal year covered by the program; and
       (3) a comparison of the benefits of the program with the 
     benefits of other nonproliferation programs.
       (d) Funding for Initial Phase.--(1) Of the total amount 
     authorized to be appropriated by section 301 other than for 
     Cooperative Threat Reduction programs, $16,000,000 is 
     available for the initial phase of the program under 
     subsection (a).
       (2) The amount available for the initial phase of the 
     reactor modification or replacement program under paragraph 
     (1) is in addition to amounts authorized to be appropriated 
     for Cooperative Threat Reduction programs under section 
     301(20).

     SEC. 1334. INDUSTRIAL PARTNERSHIP PROGRAMS TO DEMILITARIZE 
                   WEAPONS OF MASS DESTRUCTION PRODUCTION 
                   FACILITIES.

       (a) Department of Energy Program.--The Secretary of Energy 
     shall expand the Industrial Partnership Program of the 
     Department of Energy to include coverage of all of the 
     independent states of the former Soviet Union.
       (b) Department of Defense Program.--The Secretary of 
     Defense shall establish a program to support the 
     dismantlement or conversion of the biological and chemical 
     weapons facilities in the independent states of the former 
     Soviet Union to uses for nondefense purposes. The Secretary 
     may carry out such program in conjunction with, or separately 
     from, the organization designated as the Defense Enterprise 
     Fund (formerly designated as the ``Demilitarization 
     Enterprise Fund'' under section 1204 of the National Defense 
     Authorization Act for Fiscal Year 1994 (Public Law 103-160; 
     22 U.S.C. 5953)).
       (c) Funding for Department of Defense Program.--(1)(A) Of 
     the total amount authorized to be appropriated under section 
     301, $15,000,000 is available for the program under 
     subsection (b).
       (B) The amount available under subparagraph (A) for the 
     industrial partnership program of the Department of Defense 
     established pursuant to subsection (b) is in addition to the 
     amount authorized to be appropriated for Cooperative Threat 
     Reduction programs under section 301.
       (2) It is the sense of Congress that the Secretary of 
     Defense should transfer to the Defense Enterprise Fund, 
     $20,000,000 out of the funds appropriated for Cooperative 
     Threat Reduction programs for fiscal years before fiscal year 
     1997 that remain available for obligation.

     SEC. 1335. LAB-TO-LAB PROGRAM TO IMPROVE THE SAFETY AND 
                   SECURITY OF NUCLEAR MATERIALS.

       (a) Program Expansion Authorized.--The Secretary of Energy 
     is authorized to expand the Lab-to-Lab program of the 
     Department of Energy to improve the safety and security of 
     nuclear materials in the independent states of the former 
     Soviet Union where the Lab-to-Lab program is not being 
     carried out on the date of the enactment of this Act.
       (b) Funding.--(1) Of the total amount authorized to be 
     appropriated under title XXXI, $20,000,000 is available for 
     expanding the Lab-to-Lab program as authorized under 
     subsection (a).
       (2) The amount available under paragraph (1) is in addition 
     to any other amount otherwise available for the Lab-to-Lab 
     program.

     SEC. 1336. COOPERATIVE ACTIVITIES ON SECURITY OF HIGHLY 
                   ENRICHED URANIUM USED FOR PROPULSION OF RUSSIAN 
                   SHIPS.

       (a) Responsible United States Official.--The Secretary of 
     Energy shall be responsible for carrying out United States 
     cooperative activities with the Government of the Russian 
     Federation on improving the security of highly enriched 
     uranium that is used for propulsion of Russian military and 
     civilian ships.
       (b) Plan Required.--(1) The Secretary shall develop and 
     periodically update a plan for the cooperative activities 
     referred to in subsection (a).
       (2) The Secretary shall coordinate the development and 
     updating of the plan with the Secretary of Defense. The 
     Secretary of Defense shall involve the Joint Chiefs of Staff 
     in the coordination.
       (c) Funding.--(1) Of the total amount authorized to be 
     appropriated by title XXXI, $6,000,000 is available for 
     materials protection, control, and accounting program of the 
     Department of Energy for the cooperative activities referred 
     to in subsection (a).
       (2) The amount available for the Department of Energy for 
     materials protection, control, and accounting program under 
     paragraph (1) is in addition to other amounts authorized to 
     be appropriated by title XXXI for such program.

     SEC. 1337. MILITARY-TO-MILITARY RELATIONS.

       (a) Funding.--Of the total amount authorized to be 
     appropriated under section 301, $2,000,000 is available for 
     expanding military-to-military programs of the United States 
     that focus on countering the threats of proliferation of 
     weapons of mass destruction so as to include the security 
     forces of independent states of the former Soviet Union, 
     particularly states in the Caucasus region and Central Asia.
       (b) Relationship to Other Funding Authority.--The amount 
     available for expanding military-to-military programs under 
     subsection (a) is in addition to the amount authorized to be 
     appropriated for Cooperative Threat Reduction programs under 
     section 301.

[[Page S6879]]

     SEC. 1338. TRANSFER AUTHORITY.

       (a) Secretary of Defense.--(1) To the extent provided in 
     appropriations Acts, the Secretary of Defense may transfer 
     amounts appropriated pursuant to this subtitle for the 
     Department of Defense for programs and authorities under this 
     subtitle to appropriations available for programs authorized 
     under subtitle A.
       (2) Amounts so transferred shall be merged with the 
     appropriations to which transferred and shall be available 
     for the programs for which the amounts are transferred.
       (3) The transfer authority under paragraph (1) is in 
     addition to any other transfer authority provided by this 
     Act.
       (b) Secretary of Energy.--(1) To the extent provided in 
     appropriations Acts, the Secretary of Energy may transfer 
     amounts appropriated pursuant to this subtitle for the 
     Department of Energy for programs and authorities under this 
     subtitle to appropriations available for programs authorized 
     under subtitle A.
       (2) Amounts so transferred shall be merged with the 
     appropriations to which transferred and shall be available 
     for the programs for which the amounts are transferred.
       (3) The transfer authority under paragraph (1) is in 
     addition to any other transfer authority provided by this 
     Act.
    Subtitle D--Coordination of Policy and Countermeasures Against 
              Proliferation of Weapons of Mass Destruction

     SEC. 1341. NATIONAL COORDINATOR ON NONPROLIFERATION.

       (a) Designation of Position.--The President shall designate 
     an individual to serve in the Executive Office of the 
     President as the National Coordinator for Nonproliferation 
     Matters.
       (b) Duties.--The Coordinator shall have the following 
     responsibilities:
       (1) To be the principal adviser to the President on 
     nonproliferation of weapons of mass destruction, including 
     issues related to terrorism, arms control, and international 
     organized crime.
       (2) To chair the Committee on Nonproliferation established 
     under section 1342.
       (3) To take such actions as are necessary to ensure that 
     there is appropriate emphasis in, cooperation on, and 
     coordination of, nonproliferation research efforts of the 
     United States, including activities of Federal agencies as 
     well as activities of contractors funded by the Federal 
     Government.
       (c) Relationship to Certain Senior Directors of National 
     Security Council.--(1) The senior directors of the National 
     Security Council report to the Coordinator regarding the 
     following matters:
       (A) Nonproliferation of weapons of mass destruction and 
     related issues.
       (B) Management of crises involving use or threatened use of 
     weapons of mass destruction, and on management of the 
     consequences of the use or threatened use of such a weapon.
       (C) Terrorism, arms control, and organized crime issues 
     that relate to the threat of proliferation of weapons of mass 
     destruction.
       (2) Nothing in paragraph (1) shall be construed to affect 
     the reporting relationship between a senior director and the 
     Assistant to the President for National Security Affairs or 
     any other supervisor regarding matters other than matters 
     described in paragraph (1).
       (d) Allocation of Funds.--Of the total amount authorized to 
     be appropriated under section 201, [$2,000,000] is available 
     for carrying out research referred to in subsection (b)(3). 
     Such amount is in addition to any other amounts authorized to 
     be appropriated under section 201 for such purpose.

     SEC. 1342. NATIONAL SECURITY COUNCIL COMMITTEE ON 
                   NONPROLIFERATION.

       (a) Establishment.--The Committee on Nonproliferation (in 
     this section referred to as the ``Committee'') is established 
     as a committee of the National Security Council.
       (b) Membership.--(1) The Committee shall be composed of the 
     following:
       (A) The Secretary of State.
       (B) The Secretary of Defense.
       (C) The Director of Central Intelligence.
       (D) The Attorney General.
       (E) The Secretary of Energy.
       (F) The Administrator of the Federal Emergency Management 
     Agency.
       (G) The Secretary of the Treasury.
       (H) The Secretary of Commerce.
       (I) Such other members as the President may designate.
       (2) The National Coordinator for Nonproliferation Matters 
     shall chair the Committee on Nonproliferation.
       (c) Responsibilities.--The Committee has the following 
     responsibilities:
       (1) To review and coordinate Federal programs, policies, 
     and directives relating to the proliferation of weapons of 
     mass destruction and related materials and technologies, 
     including matters relating to terrorism and international 
     organized crime.
       (2) To make recommendations to the President regarding the 
     following:
       (A) Integrated national policies for countering the threats 
     posed by weapons of mass destruction.
       (B) Options for integrating Federal agency budgets for 
     countering such threats.
       (C) Means to ensure that the Federal, State, and local 
     governments have adequate capabilities to manage crises 
     involving nuclear, radiological, biological, or chemical 
     weapons or related materials or technologies, and to manage 
     the consequences of a use of such a weapon or related 
     materials or technologies, and that use of those capabilities 
     is coordinated.
       (D) Means to ensure appropriate cooperation on, and 
     coordination of, the following:
       (i) Preventing the smuggling of weapons of mass destruction 
     and related materials and technologies.
       (ii) Promoting domestic and international law enforcement 
     efforts against proliferation-related efforts.
       (iii) Countering the involvement of organized crime groups 
     in proliferation-related activities.
       (iv) Safeguarding weapons of mass destruction materials and 
     related technologies.
       (v) Improving coordination and cooperation among 
     intelligence activities, law enforcement, and the Departments 
     of Defense, State, Commerce, and Energy in support of 
     nonproliferation and counterproliferation efforts.
       (vi) Ensuring the continuation of effective export controls 
     over materials and technologies that can contribute to the 
     acquisition of weapons of mass destruction.
       (vii) Reducing proliferation of weapons of mass destruction 
     and related materials and technologies.

     SEC. 1343. COMPREHENSIVE PREPAREDNESS PROGRAM.

       (a) Program Required.--The President, acting through the 
     Committee on Nonproliferation established under section 1342, 
     shall develop a comprehensive program for carrying out this 
     title.
       (b) Content of Program.--The program set forth in the 
     report shall include specific plans as follows:
       (1) Plans for countering proliferation of weapons of mass 
     destruction and related materials and technologies.
       (2) Plans for training and equipping Federal, State, and 
     local officials for managing a crisis involving a use or 
     threatened use of a weapon of mass destruction, including the 
     consequences of the use of such a weapon.
       (3) Plans for providing for regular sharing of information 
     among intelligence, law enforcement, and customs agencies.
       (4) Plans for training and equipping law enforcement units, 
     customs services, and border security personnel to counter 
     the smuggling of weapons of mass destruction and related 
     materials and technologies.
       (5) Plans for establishing appropriate centers for 
     analyzing seized nuclear, radiological, biological, and 
     chemical weapons, and related materials and technologies.
       (6) Plans for establishing in the United States appropriate 
     legal controls and authorities relating to the exporting of 
     nuclear, radiological, biological, and chemical weapons, and 
     related materials and technologies.
       (7) Plans for encouraging and assisting governments of 
     foreign countries to implement and enforce laws that set 
     forth appropriate penalties for offenses regarding the 
     smuggling of weapons of mass destruction and related 
     materials and technologies.
       (8) Plans for building the confidence of the United States 
     and Russia in each other's controls over United States and 
     Russian nuclear weapons and fissile materials, including 
     plans for verifying the dismantlement of nuclear weapons.
       (9) Plans for reducing United States and Russian stockpiles 
     of excess plutonium, reflecting--
       (A) consideration of the desirability and feasibility of a 
     United States-Russian agreement governing fissile material 
     disposition and the specific technologies and approaches to 
     be used for disposition of excess plutonium; and
       (B) an assessment of the options for United States 
     cooperation with Russia in the disposition of Russian 
     plutonium.
       (10) Plans for studying the merits and costs of 
     establishing a global network of means for detecting and 
     responding to terroristic or other criminal use of biological 
     agents against people or other forms of life in the United 
     States or any foreign country.
       (c) Report.--(1) At the same time that the President 
     submits the budget for fiscal year 1998 to Congress pursuant 
     to section 1105(a) of title 31, United States Code, the 
     President shall submit to Congress a report that sets forth 
     the comprehensive program developed under subsection (a).
       (2) The report shall include the following:
       (A) The specific plans for the program that are required 
     under subsection (b).
       (B) Estimates of the funds necessary for carrying out such 
     plans in fiscal year 1998.
       (3) The report shall be in an unclassified form. If there 
     is a classified version of the report, the President shall 
     submit the classified version at the same time.

     SEC. 1344. TERMINATION.

       After September 30, 1999, the President--
       (1) is not required to maintain a National Coordinator for 
     Nonproliferation Matters under section 1341; and
       (2) may terminate the Committee on Nonproliferation 
     established under section 1342.
                       Subtitle E--Miscellaneous

     SEC. 1351. CONTRACTING POLICY.

       It is the sense of Congress that the Secretary of Defense, 
     the Secretary of Energy, the Secretary of the Treasury, and 
     the Secretary of State--
       (1) in the administration of funds available to such 
     officials in accordance with this title, should (to the 
     extent possible under law) contract directly with suppliers 
     in independent states of the former Soviet Union to 
     facilitate the purchase of goods and services necessary to 
     carry out effectively the programs and authorities provided 
     or referred to in subtitle C; and

[[Page S6880]]

       (2) to do so should seek means, consistent with law, to 
     utilize innovative contracting approaches to avoid delay and 
     increase the effectiveness of such programs and of the 
     exercise of such authorities.

     SEC. 1352. TRANSFERS OF ALLOCATIONS AMONG COOPERATIVE THREAT 
                   REDUCTION PROGRAMS.

       (a) Findings.--Congress makes the following findings:
       (1) The various Cooperative Threat Reduction programs are 
     being carried out at different rates in the various countries 
     covered by such programs.
       (2) It is necessary to authorize transfers of funding 
     allocations among the various programs in order to maximize 
     the effectiveness of United States efforts under such 
     programs.
       (b) Transfers Authorized.--Funds appropriated for the 
     purposes set forth in subsection (a) of section 1202 of the 
     National Defense Authorization Act for Fiscal Year 1996 
     (Public Law 104-106; 110 Stat. 409) may be used for any such 
     purpose without regard to the allocation set forth in that 
     section and without regard to subsection (b) of such section.

     SEC. 1353. ADDITIONAL CERTIFICATIONS.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the Cooperative Threat Reduction programs and other 
     United States programs that are derived from programs 
     established under the Former Soviet Union Demilitarization 
     Act of 1992 (title XIV of Public Law 102-484; 22 U.S.C. 2901 
     et seq.) should be expanded by offering assistance under 
     those programs to other independent states of the former 
     Soviet Union in addition to Russia, Ukraine, Kazakstan, and 
     Belarus; and
       (2) the President should offer assistance to additional 
     independent states of the former Soviet Union in each case in 
     which the participation of such states would benefit national 
     security interests of the United States by improving border 
     controls and safeguards over materials and technology 
     associated with weapons of mass destruction.
       (b) Extension of Coverage.--Assistance under programs 
     referred to in subsection (a) may, notwithstanding any other 
     provision of law, be extended to include an independent state 
     of the former Soviet Union if the President certifies to 
     Congress that it is in the national interests of the United 
     States to extend the assistance to that state.

     SEC. 1354. PURCHASE OF LOW-ENRICHED URANIUM DERIVED FROM 
                   RUSSIAN HIGHLY ENRICHED URANIUM.

       (a) Sense of Congress.--It is the sense of Congress that 
     the allies of the United States and other nations should 
     participate in efforts to ensure that stockpiles of weapons-
     grade nuclear material are reduced.
       (b) Actions by the Secretary of State.--Congress urges the 
     Secretary of State to encourage, in consultation with the 
     Secretary of Energy, other countries to purchase low-enriched 
     uranium that is derived from highly enriched uranium 
     extracted from Russian nuclear weapons.

     SEC. 1355. PURCHASE, PACKAGING, AND TRANSPORTATION OF FISSILE 
                   MATERIALS AT RISK OF THEFT.

       It is the sense of Congress that--
       (1) the Secretary of Defense, the Secretary of Energy, the 
     Secretary of the Treasury, and the Secretary of State should 
     purchase, package, and transport to secure locations weapons-
     grade nuclear materials from a stockpile of such materials if 
     such officials determine that--
       (A) there is a significant risk of theft of such materials; 
     and
       (B) there is no reasonable and economically feasible 
     alternative for securing such materials; and
       (2) if it is necessary to do so in order to secure the 
     materials, the materials should be imported into the United 
     States, subject to the laws and regulations that are 
     applicable to the importation of such materials into the 
     United States.

     SEC. 1356. REDUCTION IN AUTHORIZATIONS OF APPROPRIATIONS.

       (a) Navy RDT&E.--(1) The total amount authorized to be 
     appropriated under section 201(2) is reduced by $150,000,000.
       (2) The reduction in paragraph (1) shall be applied to 
     reduce by $150,000,000 the amount authorized to be 
     appropriated under section 201(2) for the Distributed 
     Surveillance System.
       (b) Department of Energy.--(1) Notwithstanding any of the 
     provisions of title XXXI, the total amount authorized to be 
     appropriated for the Department of Energy for fiscal year 
     1997 under that title is reduced by $85,000,000.
       (2) The reduction under paragraph (1) is not directed at 
     any particular authorization of appropriations under title 
     XXXI for any particular program, project, or activity.
                                 ______


                      GRASSLEY AMENDMENT NO. 4182

  (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:

       At the end of division A, insert the following new title:
                   TITLE XIII--WTO REVIEW COMMISSION

     SEC. 1301. SHORT TITLE.

       This title may be cited as the ``WTO Dispute Settlement 
     Review Commission Act''.

     SEC. 1302. CONGRESSIONAL FINDINGS AND PURPOSE.

       (a) Findings.--The Congress finds the following:
       (1) The United States joined the WTO as an original member 
     with the goal of creating an improved global trading system 
     and providing expanded economic opportunities for United 
     States firms and workers, while preserving United States 
     sovereignty.
       (2) The American people must receive assurances that United 
     States sovereignty will be protected, and United States 
     interests will be advanced, within the global trading system 
     which the WTO will oversee.
       (3) The WTO's dispute settlement rules are meant to enhance 
     the likelihood that governments will observe their WTO 
     obligations, and thus help ensure that the United States will 
     reap the full benefits of its participation in the WTO.
       (4) United States support for the WTO depends on obtaining 
     mutual trade benefits through the openness of foreign markets 
     and the maintenance of effective United States and WTO 
     remedies against unfair or otherwise harmful trade practices.
       (5) Congress passed the Uruguay Round Agreements Act based 
     on its understanding that effective trade remedies would not 
     be eroded. These remedies are essential to continue the 
     process of opening foreign markets to imports of goods and 
     services and to prevent harm to American industry and 
     agriculture.
       (6) In particular, WTO dispute settlement panels and the 
     Appellate Body should--
       (A) operate with fairness and in an impartial manner;
       (B) not add to the obligations, or diminish the rights, of 
     WTO members under the Uruguay Round Agreements; and
       (C) observe the terms of reference and any applicable WTO 
     standard of review.
       (b) Purpose.--It is the purpose of this title to provide 
     for the establishment of the WTO Dispute Settlement Review 
     Commission to achieve the objectives described in subsection 
     (a)(6).

     SEC. 1303. ESTABLISHMENT OF COMMISSION.

       (a) Establishment.--There is established a commission to be 
     known as the WTO Dispute Settlement Review Commission 
     (hereafter in this title referred to as the ``Commission'').
       (b) Membership.--
       (1) Composition.--The Commission shall be composed of 5 
     members all of whom shall be judges of the Federal judicial 
     circuits and shall be appointed by the President, after 
     consultation with the Majority Leader and Minority Leader of 
     the House of Representatives, the Majority Leader and 
     Minority Leader of the Senate, the chairman and ranking 
     member of the Committee on Ways and Means of the House of 
     Representatives, and the chairman and ranking member of the 
     Committee on Finance of the Senate.
       (2) Date.--The appointments of the initial members of the 
     Commission shall be made no later than 90 days after the date 
     of the enactment of this Act.
       (c) Period of Appointment; Vacancies.--
       (1) In general.--Members of the Commission shall each be 
     appointed for a term of 5 years, except of the members first 
     appointed, 3 members shall be appointed for terms of 3 years 
     and the remaining 2 members shall be appointed for terms of 2 
     years.
       (2) Vacancies.--
       (A) In general.--Any vacancy on the Commission shall not 
     affect its powers, but shall be filled in the same manner as 
     the original appointment and shall be subject to the same 
     conditions as the original appointment.
       (B) Unexpired term.--An individual chosen to fill a vacancy 
     shall be appointed for the unexpired term of the member 
     replaced.
       (d) Initial Meeting.--No later than 30 days after the date 
     on which all members of the Commission have been appointed, 
     the Commission shall hold its first meeting.
       (e) Meetings.--The Commission shall meet at the call of the 
     Chairperson.
       (f) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum, but a lesser number of members may 
     hold hearings.
       (g) Affirmative Determinations.--An affirmative vote by a 
     majority of the members of the Commission shall be required 
     for any affirmative determination by the Commission under 
     section 1304.
       (h) Chairperson and Vice Chairperson.--The Commission shall 
     select a Chairperson and Vice Chairperson from among its 
     members.

     SEC. 1304. DUTIES OF THE COMMISSION.

       (a) Review of WTO Dispute Settlement Reports.--
       (1) In general.--The Commission shall review--
       (A) all adverse reports of dispute settlement panels and 
     the Appellate Body which are--
       (i) adopted by the Dispute Settlement Body, and
       (ii) the result of a proceeding initiated against the 
     United States by a WTO member; and
       (B) upon the request of the Trade Representative, any 
     adverse report of a dispute settlement panel or the Appellate 
     Body--
       (i) which is adopted by the Dispute Settlement Body, and
       (ii) in which the United States is a complaining party.
       (2) Scope of review.--With respect to any report the 
     Commission reviews under paragraph (1), the Commission shall 
     determine in connection with each adverse finding whether the 
     panel or the Appellate Body, as the case may be--
       (A) demonstrably exceeded its authority or its terms of 
     reference;

[[Page S6881]]

       (B) added to the obligations, or diminished the rights, of 
     the United States under the Uruguay Round Agreement which is 
     the subject of the report;
       (C) acted arbitrarily or capriciously, engaged in 
     misconduct, or demonstrably departed from the procedures 
     specified for panels and the Appellate Body in the applicable 
     Uruguay Round Agreement; and
       (D) deviated from the applicable standard of review, 
     including in antidumping cases, the standard of review set 
     forth in Article 17.6 of the Agreement on Implementation of 
     Article VI of the General Agreement on Tariffs and Trade 
     1994.
       (3) Affirmative determination.--The Commission shall make 
     an affirmative determination under this paragraph with 
     respect to the action of a panel or the Appellate Body, if 
     the Commission determines that--
       (A) any of the matters described in subparagraph (A), (B), 
     (C), or (D) of paragraph (2) has occurred; and
       (B) the action of the panel or the Appellate Body 
     materially affected the outcome of the report of the panel or 
     Appellate Body.
       (b) Determination; Report.--
       (1) Determination.--No later than 120 days after the date 
     on which a report of a panel or the Appellate Body described 
     in subsection (a)(1) is adopted by the Dispute Settlement 
     Body, the Commission shall make a written determination with 
     respect to the matters described in paragraphs (2) and (3) of 
     subsection (a).
       (2) Reports.--The Commission shall promptly report the 
     determinations described in paragraph (1) to the Committee on 
     Ways and Means of the House of Representatives, the Committee 
     on Finance of the Senate, and the Trade Representative.

     SEC. 1305. POWERS OF THE COMMISSION.

       (a) Hearings.--The Commission may hold a public hearing to 
     solicit views concerning a report of a dispute settlement 
     panel or the Appellate Body described in section 1304(a)(1), 
     if the Commission considers such hearing to be necessary to 
     carry out the purpose of this title. The Commission shall 
     provide reasonable notice of a hearing held pursuant to this 
     subsection.
       (b) Information From Interested Parties and Federal 
     Agencies.--
       (1) Notice of panel or appellate body report.--The Trade 
     Representative shall advise the Commission no later than 5 
     business days after the date the Dispute Settlement Body 
     adopts a report of a panel or the Appellate Body that is to 
     be reviewed by the Commission under section 1304(a)(1).
       (2) Submissions and requests for information.--
       (A) In general.--The Commission shall promptly publish in 
     the Federal Register notice of the advice received from the 
     Trade Representative, along with notice of an opportunity for 
     interested parties to submit written comments to the 
     Commission. The Commission shall make comments submitted 
     pursuant to the preceding sentence available to the public.
       (B) Information from federal agencies and departments.--The 
     Commission may also secure directly from any Federal 
     department or agency such information as the Commission 
     considers necessary to carry out the provisions of this 
     title. Upon the request of the Chairperson of the Commission, 
     the head of such department or agency shall furnish the 
     information requested to the Commission.
       (3) Access to panel and appellate body documents.--
       (A) In general.--The Trade Representative shall make 
     available to the Commission all submissions and relevant 
     documents relating to a report of a panel or the Appellate 
     Body described in section 1304(a)(1), including any 
     information contained in such submissions identified by the 
     provider of the information as proprietary information or 
     information designated as confidential by a foreign 
     government.
       (B) Public access.--Any document which the Trade 
     Representative submits to the Commission shall be available 
     to the public, except information which is identified as 
     proprietary or confidential.
       (c) Assistance From Federal Agencies; Confidentiality.--
       (1) Administrative assistance.--Any agency or department of 
     the United States that is designated by the President shall 
     provide administrative services, funds, facilities, staff, or 
     other support services to the Commission to assist the 
     Commission with the performance of the Commission's 
     functions.
       (2) Confidentiality.--The Commission shall protect from 
     disclosure any document or information submitted to it by a 
     department or agency of the United States which the agency or 
     department requests be kept confidential. The Commission 
     shall not be considered to be an agency for purposes of 
     section 552 of title 5, United States Code.

     SEC. 1306. REVIEW OF DISPUTE SETTLEMENT PROCEDURES AND 
                   PARTICIPATION IN THE WTO.

       (a) Affirmative Report by Commission.--
       (1) In general.--If a joint resolution described in 
     subsection (b)(1) is enacted into law pursuant to the 
     provisions of subsection (c), the President should undertake 
     negotiations to amend or modify the rules and procedures of 
     the Uruguay Round Agreement to which such joint resolution 
     relates.
       (2) 3 affirmative reports by commission.--If a joint 
     resolution described in subsection (b)(2) is enacted into law 
     pursuant to the provisions of subsection (c), the approval of 
     the Congress, provided for under section 101(a) of the 
     Uruguay Round Agreements Act, of the WTO Agreement shall 
     cease to be effective in accordance with the provisions of 
     the joint resolution.
       (b) Joint Resolutions Described.--
       (1) In general.--For purposes of subsection (a)(1), a joint 
     resolution is described in this paragraph if it is a joint 
     resolution of the 2 Houses of Congress and the matter after 
     the resolving clause of such joint resolution is as follows: 
     ``That the Congress calls upon the President to undertake 
     negotiations to amend or modify the matter relating to 
     ____________ that is the subject of the affirmative report 
     submitted to the Congress by the WTO Dispute Settlement 
     Review Commission on ____'', the first blank space being 
     filled with the specific provisions of the Uruguay Round 
     Agreement with respect to which the President is to undertake 
     negotiations and the second blank space being filled with the 
     date that the affirmative report, which was made under 
     section 1304(b) and which has given rise to the joint 
     resolution, was submitted to the Congress by the Commission 
     pursuant to section 1304(b).
       (2) Withdrawal resolution.--For purposes of subsection 
     (a)(2), a joint resolution is described in this paragraph if 
     it is a joint resolution of the 2 Houses of Congress and the 
     matter after the resolving clause of such joint resolution is 
     as follows: ``That, in light of the 3 affirmative reports 
     submitted to the Congress by the WTO Dispute Settlement 
     Review Commission during the preceding 5-year period, and the 
     failure to remedy the problems identified in the reports 
     through negotiations, it is no longer in the overall national 
     interest of the United States to be a member of the WTO, and 
     accordingly the Congress withdraws its approval, provided 
     under section 101(a) of the Uruguay Round Agreements Act, of 
     the WTO Agreement as defined in section 2(9) of that 
     Act.''.
       (c) Procedural Provisions.--
       (1) In general.--The requirements of this subsection are 
     met if the joint resolution is enacted in accordance with 
     this subsection, and--
       (A) in the case of a joint resolution described in 
     subsection (b)(1), the Congress adopts and transmits the 
     joint resolution to the President before the end of the 90-
     day period (excluding any day described in section 154(b) of 
     the Trade Act of 1974) beginning on the date on which the 
     Congress receives an affirmative report from the Commission 
     pursuant to section 1304(b)(2); or
       (B) in the case of a joint resolution described in 
     subsection (b)(2), the Commission has submitted 3 affirmative 
     reports pursuant to section 1304(b)(2) during a 5-year 
     period, and the Congress adopts and transmits the joint 
     resolution to the President before the end of the 90-day 
     period (excluding any day described in section 154(b) of the 
     Trade Act of 1974) beginning on the date on which the 
     Congress receives the third such affirmative report.
       (2) Presidential veto.--In any case in which the President 
     vetoes the joint resolution, the requirements of this 
     subsection are met if each House of Congress votes to 
     override that veto on or before the later of the last day of 
     the 90-day period referred to in subparagraph (A) or (B) of 
     paragraph (1), whichever is applicable, or the last day of 
     the 15-day period (excluding any day described in section 
     154(b) of the Trade Act of 1974) beginning on the date on 
     which the Congress receives the veto message from the 
     President.
       (3) Introduction.--
       (A) Time.--A joint resolution to which this section applies 
     may be introduced at any time on or after the date on which 
     the Commission transmits to the Congress an affirmative 
     report pursuant to section 1304(b)(2), and before the end of 
     the 90-day period referred to in subparagraph (A) or (B) of 
     paragraph (1), as the case may be.
       (B) Any member may introduce.--A joint resolution described 
     in subsection (b) may be introduced in either House of the 
     Congress by any Member of such House.
       (4) Expedited procedures.--
       (A) General rule.--Subject to the provisions of this 
     subsection, the provisions of subsections (b), (d), (e), and 
     (f) of section 152 of the Trade Act of 1974 (19 U.S.C. 2192 
     (b), (d), (e), and (f)) apply to joint resolutions described 
     in subsection (b) to the same extent as such provisions apply 
     to resolutions under such section.
       (B) Report or discharge of committee.--If the committee of 
     either House to which a joint resolution has been referred 
     has not reported it by the close of the 45th day after its 
     introduction (excluding any day described in section 154(b) 
     of the Trade Act of 1974), such committee shall be 
     automatically discharged from further consideration of the 
     joint resolution and it shall be placed on the appropriate 
     calendar.
       (C) Finance and ways and means committees.--It is not in 
     order for--
       (i) the Senate to consider any joint resolution unless it 
     has been reported by the Committee on Finance or the 
     committee has been discharged under subparagraph (B); or
       (ii) the House of Representatives to consider any joint 
     resolution unless it has been reported by the Committee on 
     Ways and Means or the committee has been discharged under 
     subparagraph (B).
       (D) Special rule for house.--A motion in the House of 
     Representatives to proceed to the consideration of a joint 
     resolution may only be made on the second legislative day 
     after the calendar day on which the Member

[[Page S6882]]

     making the motion announces to the House his or her intention 
     to do so.
       (5) Consideration of second resolution not in order.--It 
     shall not be in order in either the House of Representatives 
     or the Senate to consider a joint resolution (other than a 
     joint resolution received from the other House), if that 
     House has previously adopted a joint resolution under this 
     section relating to the same matter.
       (d) Rules of House of Representatives and Senate.--This 
     section is enacted by the Congress--
       (1) as an exercise of the rulemaking power of the House of 
     Representatives and the Senate, respectively, and as such is 
     deemed a part of the rules of each House, respectively, and 
     such procedures supersede other rules only to the extent that 
     they are inconsistent with such other rules; and
       (2) with the full recognition of the constitutional right 
     of either House to change the rules (so far as relating to 
     the procedures of that House) at any time, in the same 
     manner, and to the same extent as any other rule of that 
     House.

     SEC. 1307. DEFINITIONS.

       For purposes of this title:
       (1) Adverse finding.--The term ``adverse finding'' means--
       (A) in a panel or Appellate Body proceeding initiated 
     against the United States, a finding by the panel or the 
     Appellate Body that any law or regulation of, or application 
     thereof by, the United States is inconsistent with the 
     obligations of the United States under a Uruguay Round 
     Agreement (or nullifies or impairs benefits accruing to a WTO 
     member under such an Agreement); or
       (B) in a panel or Appellate Body proceeding in which the 
     United States is a complaining party, any finding by the 
     panel or the Appellate Body that a measure of the party 
     complained against is not inconsistent with that party's 
     obligations under a Uruguay Round Agreement (or does not 
     nullify or impair benefits accruing to the United States 
     under such an Agreement).
       (2) Affirmative report.--The term ``affirmative report'' 
     means a report described in section 1304(b)(2) which contains 
     affirmative determinations made by the Commission under 
     paragraph (3) of section 1304(a).
       (3) Appellate body.--The term ``Appellate Body'' means the 
     Appellate Body established by the Dispute Settlement Body 
     pursuant to Article 17.1 of the Dispute Settlement 
     Understanding.
       (4) Dispute settlement body.--The term ``Dispute Settlement 
     Body'' means the Dispute Settlement Body established pursuant 
     to the Dispute Settlement Understanding.
       (5) Dispute settlement panel; panel.--The terms ``dispute 
     settlement panel'' and ``panel'' mean a panel established 
     pursuant to Article 6 of the Dispute Settlement 
     Understanding.
       (6) Dispute settlement understanding.--The term ``Dispute 
     Settlement Understanding'' means the Understanding on Rules 
     and Procedures Governing the Settlement of Disputes referred 
     to in section 101(d)(16) of the Uruguay Round Agreements Act.
       (7) Terms of reference.--The term ``terms of reference'' 
     has the meaning given such term in the Dispute Settlement 
     Understanding.
       (8) Trade representative.--The term ``Trade 
     Representative'' means the United States Trade 
     Representative.
       (9) Uruguay round agreement.--The term ``Uruguay Round 
     Agreement'' means any of the Agreements described in section 
     101(d) of the Uruguay Round Agreements Act.
       (10) World trade organization; wto.--The terms ``World 
     Trade Organization'' and ``WTO'' mean the organization 
     established pursuant to the WTO Agreement.
       (11) WTO agreement.--The term ``WTO Agreement'' means the 
     Agreement Establishing the World Trade Organization entered 
     into on April 15, 1994.
                                 ______


                        REID AMENDMENT NO. 4183

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

       At the end of subtitle C of title XXXI, add the following:

     SEC. 3138. PAYMENT OF COSTS OF OPERATION AND MAINTENANCE OF 
                   INFRASTRUCTURE AT NEVADA TEST SITE.

       Notwithstanding any other provision of law and effective as 
     of September 30, 1997, the costs associated with operating 
     and maintaining the infrastructure at the Nevada Test Site, 
     Nevada, with respect to any activities carried out at the 
     site by the Department of Defense shall be paid for by the 
     Department of Energy from funds authorized to be appropriated 
     to the Department of Energy for stockpile stewardship.
                                 ______


                      FEINSTEIN AMENDMENT NO. 4184

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

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

     SEC. 223. FUNDING FOR BASIC RESEARCH IN NUCLEAR SEISMIC 
                   MONITORING.

       Of the amount authorized to be appropriated by section 
     201(3) and made available for arms control implementation for 
     the Air Force (account PE0305145F), $6,500,000 shall be 
     available for basic research in nuclear seismic monitoring.
                                 ______


              KYL (AND BINGAMAN) AMENDMENTS NOS. 4185-4186

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

                           Amendment No. 4185

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

     SEC. 1043. PROHIBITION ON COLLECTION AND RELEASE OF DETAILED 
                   SATELLITE IMAGERY RELATING TO ISRAEL AND OTHER 
                   COUNTRIES AND AREAS.

       (a) Collection and Dissemination.--No department or agency 
     of the Federal Government may license the collection or 
     dissemination by any non-Federal entity of satellite imagery 
     with respect to Israel, or to any other country or geographic 
     area designated by the President for this purpose, unless 
     such imagery is no more detailed or precise than satellite 
     imagery of the country or geographic area concerned that is 
     routinely available from commercial sources.
       (b) Declassification and Release.--No department or agency 
     of the Federal Government may declassify or otherwise release 
     satellite imagery with respect to Israel, or to any other 
     country or geographic area designated by the President for 
     this purpose, unless such imagery is no more detailed or 
     precise than satellite imagery of the country or geographic 
     area concerned that is routinely available from commercial 
     sources.
                                                                    ____


                           Amendment No. 4186

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

     SEC. 1043. PROHIBITION ON COLLECTION AND RELEASE OF DETAILED 
                   SATELLITE IMAGERY RELATING TO ISRAEL AND OTHER 
                   COUNTRIES AND AREAS.

       (a) Collection and Dissemination.--No department or agency 
     of the Federal Government may license the collection or 
     dissemination by any non-Federal entity of satellite imagery 
     with respect to Israel, or to any other country or geographic 
     area designated by the President for this purpose, unless 
     such imagery is no more detailed or precise than satellite 
     imagery of the country or geographic area concerned that is 
     routinely available from commercial sources.
       (b) Declassification and Release.-- No department or agency 
     of the Federal Government may declassify or otherwise release 
     satellite imagery with respect to Israel, or to any other 
     country or geographic area designated by the President for 
     this purpose, unless such imagery is no more detailed or 
     precise than satellite imagery of the country or geographic 
     area concerned that is routinely available from commercial 
     sources.
                                 ______


                     KYL AMENDMENTS NOS. 4187-4188

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

                           Amendment No. 4187

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

     SEC. 223, SURGICAL STRIKE VEHICLE FOR USE AGAINST HARDENED 
                   AND DEEPLY BURIED TARGETS.

       Of the amount authorized to be appropriated by section 
     201(4) for counterproliferation support program, $3,000,000 
     shall be made available for research and development into the 
     near-term development of a B52H system as a surgical strike 
     vehicle for defeating hardened and deeply buried targets, 
     including tunnels and deeply buried facilities for the 
     production and storage of chemical, biological, and nuclear 
     weapons and their delivery systems.
                                                                    ____


                           Amendment No. 4188

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

     SEC. 1044. SENSE OF THE SENATE CONCERNING EXPORT CONTROLS.

       (a) Findings.--The Senate makes the following findings:
       (1) Export controls are a part of a comprehensive response 
     to national security threats. United States exports should be 
     restricted where those threats exist to national security, 
     nonproliferation, and foreign policy interests of the United 
     States.
       (2) The export of certain commodities and technology may 
     adversely affect the national security and foreign policy of 
     the United States by making a significant contribution to the 
     military potential of individual countries or by 
     disseminating the capability to design, develop, test, 
     produce, stockpile, or use weapons of mass destruction, 
     missile delivery systems, and other significant military 
     capabilities. Therefore, the administration of export 
     controls should emphasize the control of these exports.
       (3) The acquisition of sensitive commodities and 
     technologies by those countries and end users whose actions 
     or policies run counter to United States national security or 
     foreign policy interests may enhance the military 
     capabilities of those countries, particularly their ability 
     to design, develop, test, produce, stockpile, use, and 
     deliver nuclear, chemical, and biological weapons, missile 
     delivery systems, and other significant military 
     capabilities. This enhancement threatens the security of the 
     United States

[[Page S6883]]

     and its allies. The availability to countries and end users 
     of items that contribute to military capabilities or the 
     proliferation of weapons of mass destruction is a fundamental 
     concern of the United States and should be eliminated through 
     deterrence, negotiations, and other appropriate means 
     whenever possible.
       (4) The national security of the United States depends not 
     only on wise foreign policies and a strong defense, but also 
     a vibrant national economy. To be truly effective, export 
     controls should be applied uniformly by all suppliers.
       (5) On November 5, 1995, President William J. Clinton 
     extended Executive Order No. 12938 regarding ``Weapons of 
     Mass Destruction'', and ``declared a national emergency with 
     respect to the unusual and extraordinary threat to the 
     national security, foreign policy, and economy of the United 
     States posed by the proliferation of nuclear, biological, and 
     chemical weapons and the means of delivering such weapons''.
       (6) A successor regime to COCOM (the Coordinating 
     Commission on Multilateral Controls) has not been 
     established. Currently, each nation is determining 
     independently which dual-use military items, if any, will be 
     controlled for export.
       (7) The United States should play a leading role in 
     promoting transparency and responsibility with regard to the 
     transfers of sensitive dual-use goods and technologies.
       (b) Sense of Senate.--It is the sense of the Senate that--
       (1) establishing an international export control regime, 
     empowered to control exports of dual-use technology, is 
     critically important and should become a top priority for the 
     United States; and
       (2) the United States should strongly encourage its allies 
     and friends to--
       (A) adopt a commodity control list which governs the same 
     or similar items as are controlled by the United States 
     Commodity Control list;
       (B) strengthen enforcement activities; and
       (C) explore the use of unilateral export controls where the 
     possibility exists that an export could contribute to 
     proliferation.
                                 ______


                   THURMOND AMENDMENTS NOS. 4189-4190

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

                           Amendment No. 4189

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

     SEC. 413. PERSONNEL MANAGEMENT RELATING TO ASSIGNMENT TO 
                   SERVICE IN THE SELECTIVE SERVICE SYSTEM.

       Section 10 of the Military Selective Service Act (50 U.S.C. 
     App. 460) is amended--
       (1) in subsection (b)(2), by inserting ``, subject to 
     subsection (e),'' after ``to employ such number of civilians, 
     and''; and
       (2) by inserting after subsection (d) the following:
       ``(e)(1) The number of armed forces personnel assigned to 
     the Selective Service System under subsection (b)(2) may not 
     exceed 745, except in a time of war declared by Congress or 
     national emergency declared by Congress or the President.
       ``(2) Members of the Selected Reserve assigned to the 
     Selective Service System under subsection (b)(2) shall not be 
     counted for purposes of any limitation on the authorized 
     strength of Selected Reserve personnel of the reserve 
     components under any law authorizing the end strength of such 
     personnel.''.
                                                                    ____


                           Amendment No. 4190

       At the end of title XI add the following:
               Subtitle B--Defense Intelligence Personnel

     SEC. 1131. SHORT TITLE.

       This subtitle may be cited as the ``Department of Defense 
     Civilian Intelligence Personnel Reform Act of 1996''.

      SEC. 1132. CIVILIAN INTELLIGENCE PERSONNEL MANAGEMENT.

       Section 1590 of title 10, United States Code, is amended to 
     read as follows:

     ``Sec. 1590. Management of civilian intelligence personnel of 
       the Department of Defense

       ``(a) General Personnel Management Authority.--The 
     Secretary of Defense may, without regard to the provisions of 
     any other law relating to the appointment, number, 
     classification, or compensation of employees--
       ``(1) establish--
       ``(A) as positions in the excepted service, such defense 
     intelligence component positions (including Intelligence 
     Senior Level positions) as the Secretary determines necessary 
     to carry out the intelligence functions of the defense 
     intelligence components; and
       ``(B) such Intelligence Senior Executive Service positions 
     as the Secretary determines necessary to carry out functions 
     referred to in subparagraph (B);
       ``(2) appoint individuals to such positions (after taking 
     into consideration the availability of preference eligibles 
     for appointment to such positions); and
       ``(3) fix the compensation of such individuals for service 
     in such positions.
       ``(b) Basic Pay.--(1)(A) Subject to subparagraph (B) and 
     paragraph (2), the Secretary of Defense shall fix the rates 
     of basic pay for positions established under subsection (a) 
     in relation to the rates of basic pay provided in subpart D 
     of part III of title 5 for positions subject to that subpart 
     which have corresponding levels of duties and 
     responsibilities.
       ``(B) Except as otherwise provided by law, no rate of basic 
     pay fixed under subparagraph (A) for a position established 
     under subsection (a) may exceed--
       ``(i) in the case of an Intelligence Senior Executive 
     Service position, the maximum rate provided in section 5382 
     of title 5;
       ``(ii) in the case of an Intelligence Senior Level 
     position, the maximum rate provided in section 5382 of title 
     5; and
       ``(iii) in the case of any other defense intelligence 
     component position, the maximum rate provided in section 
     5306(e) of title 5.
       ``(2) The Secretary of Defense may, consistent with section 
     5341 of title 5, adopt such provisions of that title as 
     provide for prevailing rate systems of basic pay and may 
     apply those provisions to positions for civilian employees in 
     or under which the Department of Defense may employ 
     individuals described by section 5342(a)(2)(A) of such title.
       ``(c) Additional Compensation, Incentives, and 
     Allowances.--(1) Employees in defense intelligence component 
     positions may be paid additional compensation, including 
     benefits, incentives, and allowances, in accordance with this 
     subsection if, and to the extent, authorized in regulations 
     prescribed by the Secretary of Defense.
       ``(2) Additional compensation under this subsection shall 
     be consistent with, and not in excess of the levels 
     authorized for, comparable positions authorized by title 5.
       ``(3)(A) Employees in defense intelligence component 
     positions, if citizens or nationals of the United States, may 
     be paid an allowance while stationed outside the continental 
     United States or in Alaska.
       ``(B) Subject to subparagraph (C), allowances under 
     subparagraph (A) shall be based on--
       ``(i) living costs substantially higher than in the 
     District of Columbia;
       ``(ii) conditions of environment which differ substantially 
     from conditions of environment in the continental United 
     States and warrant an allowance as a recruitment incentive; 
     or
       ``(iii) both of the factors described in clauses (i) and 
     (ii).
       ``(C) An allowance under subparagraph (A) may not exceed an 
     allowance authorized to be paid by section 5941(a) of title 5 
     for employees whose rates of basic pay are fixed by statute.
       ``(d) Intelligence Senior Executive Service.--(1) The 
     Secretary of Defense may establish an Intelligence Senior 
     Executive Service for defense intelligence component 
     positions established pursuant to subsection (a) that are 
     equivalent to Senior Executive Service positions.
       ``(2) The Secretary of Defense shall prescribe regulations 
     for the Intelligence Senior Executive Service which are 
     consistent with the requirements set forth in sections 3131, 
     3132(a)(2), 3396(c), 3592, 3595(a), 5384, and 6304 of title 
     5, subsections (a), (b), and (c) of section 7543 of such 
     title (except that any hearing or appeal to which a member of 
     the Intelligence Senior Executive Service is entitled shall 
     be held or decided pursuant to the regulations), and 
     subchapter II of chapter 43 of such title. To the extent that 
     the Secretary determines it practicable to apply to members 
     of, or applicants for, the Intelligence Senior Executive 
     Service other provisions of title 5 that apply to members of, 
     or applicants for, the Senior Executive Service, the 
     Secretary shall also prescribe regulations to implement those 
     sections with respect to the Intelligence Senior Executive 
     Service.
       ``(e) Award of Rank to Members of the Intelligence Senior 
     Executive Service.--The President, based on the 
     recommendations of the Secretary of Defense, may award a rank 
     referred to in section 4507 of title 5 to members of the 
     Intelligence Senior Executive Service whose positions may be 
     established pursuant to this section. The awarding of such 
     rank shall be made in a manner consistent with the provisions 
     of that section.
       ``(f) Intelligence Senior Level Positions.--The Secretary 
     of Defense may, in accordance with regulations prescribed by 
     the Secretary, designate as an Intelligence Senior Level 
     position any defense intelligence component position that, as 
     determined by the Secretary--
       ``(1) is classifiable above grade GS-15 of the General 
     Schedule;
       ``(2) does not satisfy functional or program management 
     criteria for being designated an Intelligence Senior 
     Executive Service position; and
       ``(3) has no more than minimal supervisory 
     responsibilities.
       ``(g) Time Limited Appointments.--(1) The Secretary of 
     Defense may, in regulations, authorize appointing officials 
     to make time limited appointments to defense intelligence 
     component positions specified in the regulations.
       ``(2) An employee serving in a defense intelligence 
     component position pursuant to a time limited appointment is 
     not eligible for a permanent appointment to an Intelligence 
     Senior Executive Service position (including a position in 
     which serving) unless selected for the permanent appointment 
     on a competitive basis.
       ``(3) In this subsection, the term `time limited 
     appointment' means an appointment for a period not to exceed 
     two years. . . .
       ``(h) Termination of Civilian Intelligence Employees.--(1) 
     Notwithstanding any other provision of law, the Secretary of 
     Defense may terminate the employment of any employee in a 
     defense intelligence component position if the Secretary--

[[Page S6884]]

       ``(A) considers such action to be in the interests of the 
     United States; and
       ``(B) determines that the procedures prescribed in other 
     provisions of law that authorize the termination of the 
     employment of such employee cannot be invoked in a manner 
     consistent with the national security.
       ``(2) A decision by the Secretary of Defense to terminate 
     the employment of an employee under this subsection is final 
     and may not be appealed or reviewed outside the Department of 
     Defense.
       ``(3) The Secretary of Defense shall promptly notify the 
     Committee on National Security and the Permanent Select 
     Committee on Intelligence of the House of Representatives and 
     the Committee on Armed Services and the Select Committee on 
     Intelligence of the Senate whenever the Secretary terminates 
     the employment of any employee under the authority of this 
     subsection.
       ``(4) Any termination of employment under this subsection 
     shall not affect the right of the employee involved to seek 
     or accept employment with any other department or agency of 
     the United States if that employee is declared eligible for 
     such employment by the Director of the Office of Personnel 
     Management.
       ``(5) The authority of the Secretary of Defense under this 
     subsection may be delegated only to the Deputy Secretary of 
     Defense and the head of a defense intelligence component 
     (with respect to employees of that component). An action to 
     terminate employment of such an employee by any such official 
     may be appealed to the Secretary of Defense.
       ``(i) Reductions and Other Adjustments in Force.--(1) The 
     Secretary of Defense, in consultation with the Director of 
     the Office of Personnel Management, shall prescribe 
     regulations for the separation of employees in defense 
     intelligence component positions, including members of the 
     Intelligence Senior Executive Service and employees in 
     Intelligence Senior Level positions, in a reduction in force 
     or other adjustment in force. The regulations shall apply to 
     such a reduction in force or other adjustment in force 
     notwithstanding sections 3501(b) and 3502 of title 5.
       ``(2) The regulations shall give effect to--
       ``(A) tenure of employment;
       ``(B) military preference, subject to sections 3501(a)(3) 
     and 3502(b) of title 5;
       ``(C) the veteran's preference under section 3502(b) of 
     title 5;
       ``(D) performance; and
       ``(E) length of service computed in accordance with the 
     second sentence of section 3502(a) of title 5.
       ``(2) The regulations relating to removal from the 
     Intelligence Senior Executive Service in a reduction in force 
     or other adjustment in force shall be consistent with section 
     3595(a) of title 5.
       ``(3) The regulations shall provide a right of appeal 
     regarding a personnel action under the regulations. The 
     appeal shall be determined within the Department of Defense. 
     An appeal determined at the highest level provided in the 
     regulations shall be final and not subject to review outside 
     the Department of Defense. A personnel action covered by the 
     regulations is not subject to any other provision of law that 
     provides appellate rights or procedures.
       ``(j) Applicability of Merit System Principles.--Section 
     2301 of title 5 shall apply to the exercise of authority 
     under this section.
       ``(k) Collective Bargaining Agreements.--Nothing in this 
     section may be construed to impair the continued 
     effectiveness of a collective bargaining agreement with 
     respect to an agency or office that is a successor to an 
     agency or office covered by the agreement before the 
     succession.
       ``(l) Notification of Congress.--At least 60 days before 
     the effective date of regulations prescribed to carry out 
     this section, the Secretary of Defense shall submit the 
     regulations to the Committee on National Security and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives and the Committee on Armed Services and the 
     Select Committee on Intelligence of the Senate.
       ``(m) Definitions.--In this section:
       ``(1) The term `defense intelligence component position' 
     means a position of civilian employment as an intelligence 
     officer or employee of a defense intelligence component.
       ``(2) The term `defense intelligence component' means each 
     of the following components of the Department of Defense:
       ``(A) The National Security Agency.
       ``(B) The Defense Intelligence Agency.
       ``(C) The Central Imagery Office.
       ``(D) Any component of a military department that performs 
     intelligence functions and is designated as a defense 
     intelligence component by the Secretary of Defense.
       ``(E) Any other component of the Department of Defense that 
     performs intelligence functions and is designated as a 
     defense intelligence component by the Secretary of Defense.
       ``(F) Any successor to a component listed in, or designated 
     pursuant to, this paragraph.
       ``(3) The term `Intelligence Senior Level position' means a 
     defense intelligence component position designated as an 
     Intelligence Senior Level position pursuant to subsection 
     (f).
       ``(4) The term `excepted service' has the meaning given 
     such term in section 2103 of title 5.
       ``(5) The term `preference eligible' has the meaning given 
     such term in section 2108(3) of title 5.
       ``(6) The term `Senior Executive Service position' has the 
     meaning given such term in section 3132(a)(2) of title 5.
       ``(7) The term `collective bargaining agreement' has the 
     meaning given such term in section 7103(8) of title 5.''.

     SEC. 1133. REPEALS.

       (a) Defense Intelligence Senior Executive Service.--
     Sections 1601, 1603, and 1604 of title 10, United States 
     Code, are repealed.
       (b) National Security Agency Personnel Management 
     Authorities.--(1) Sections 2 and 4 of the National Security 
     Agency Act of 1959 (50 U.S.C. 402 note) are repealed.
       (2) Section 303 of the Internal Security Act of 1950 (50 
     U.S.C. 833) is repealed.

     SEC. 1134. CLERICAL AMENDMENTS.

       (a) Amended Section Heading.--The item relating to section 
     1590 in the table of sections at the beginning of chapter 81 
     of title 10, United States Code, is amended to read as 
     follows:

``1590. Management of civilian intelligence personnel of the Department 
              of Defense.''.

       (b) Repealed Sections.--The table of sections at the 
     beginning of chapter 83 of title 10, United States Code, is 
     amended by striking out the items relating to sections 1601, 
     1603, and 1604.
                                 ______


                THURMOND (AND WARNER) AMENDMENT NO. 4191

  (Ordered to lie on the table.)
  Mr. THURMOND (for himself and Mr. Warner) submitted an amendment 
intended to be proposed by them to the bill, S. 1745, supra; as 
follows:

       At the end of subtitle C of title V, add the following:

     SEC. 523. PROHIBITION ON REORGANIZATION OF ARMY ROTC CADET 
                   COMMAND OR TERMINATION OF SENIOR ROTC UNITS 
                   PENDING REPORT ON ROTC.

       (a) Prohibition.--Notwithstanding any other provision of 
     law, the Secretary of the Army may not reorganize or 
     restructure the Reserve Officers Training Corps Cadet Command 
     or terminate any Senior Reserve Officer Training Corps units 
     identified in the Information for Members of Congress 
     concerning Senior Reserve Officer Training Corps (ROTC) Unit 
     Closures dated May 20, 1996, until 180 days after the date on 
     which the Secretary submits to the congressional defense 
     committees the report described in subsection (b).
       (b) Report.--The report referred to in subsection (a) 
     shall--
       (1) describe the selection process used to identify the 
     Reserve Officer Training Corps units of the Army to be 
     terminated;
       (2) list the criteria used by the Army to select Reserve 
     Officer Training Corps units for termination;
       (3) set forth the specific ranking of each unit of the 
     Reserve Officer Training Corps of the Army to be terminated 
     as against all other such units;
       (4) set forth the authorized and actual cadre staffing of 
     each such unit to be termination for each fiscal year of the 
     10-fiscal year period ending with fiscal year 1996;
       (5) set forth the production goals and performance 
     evaluations of each Reserve Officer Training Corps unit of 
     the Army on the closure list for each fiscal year of the 10-
     fiscal year period ending with fiscal year 1996;
       (6) describe how cadets currently enrolled in the units 
     referred to in paragraph (5) will be accommodated after the 
     closure of such units;
       (7) describe the incentives to enhance the Reserve Officer 
     Training Corps program that are provided by each of the 
     colleges on the closure list; and
       (8) include the projected officer accession plan by source 
     of commission for the active-duty Army, the Army Reserve, and 
     the Army National Guard.
       (9) describe whether the closure of any ROTC unit will 
     adversely effect the recruitment of minority officer 
     candidates.
                                 ______


                      THURMOND AMENDMENT NO. 4192

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

       At the end of section 1061 add the following:
       (c) Repeal of 13-Year Special Limit on Term of Transitional 
     Judge of United States Court of Appeals for the Armed 
     Forces.--(1) Subsection (d)(2) of section 1301 of the 
     National Defense Authorization Act for Fiscal Years 1990 and 
     1991 (Public Law 101-189; 103 Stat. 1575; 10 U.S.C. 942 note) 
     is amended by striking out ``to the judges who are first 
     appointed to the two new positions of the court created as of 
     October 1, 1990--'' and all that follows and inserting in 
     lieu thereof ``to the judge who is first appointed to one of 
     the two new positions of the court created as of October 1, 
     1990, as designated by the President at the time of 
     appointment, the anniversary referred to in subparagraph (A) 
     of that paragraph shall be treated as being the seventh 
     anniversary and the number of years referred to in 
     subparagraph (B) of that paragraph shall be treated as being 
     seven.''.
       (2) Subsection (e)(1) of such section is amended by 
     striking out ``each judge'' and inserting in lieu thereof ``a 
     judge''.
                                 ______


[[Page S6885]]



                  PELL (AND HELMS) AMENDMENT NO. 4193

  (Ordered to lie on the table.)
  Mr. PELL (for himself and Mr. Helms) submitted an amendment intended 
to be proposed by them to the bill, S. 1745, supra; as follows:

       On page 268, strike lines 12 through 22.
                                 ______


                        KOHL AMENDMENT NO. 4194

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

       After section 3, add the following:

     SEC. 4. GENERAL LIMITATION.

       Notwithstanding any other provision of this Act, the total 
     amount authorized to be appropriated for fiscal year 1997 
     under the provisions of this Act is $265,583,000,000.
                                 ______


                       CHAFEE AMENDMENT NO. 4195

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

       At the end of section 348, add the following:
       (c) Report on Compliance with Annex V to the Convention.--
     The Secretary of Defense shall include in each report on 
     environmental compliance activities submitted to Congress 
     under section 2706(b) of title 10, United States Code, the 
     following information:
       (1) A list of the ships types, if any, for which the 
     Secretary of the Navy has made the determination referred to 
     in paragraph (2)(C) of section 3(c) of the Act to Prevent 
     Pollution from Ships, as amended by subsection (a)(2) of this 
     section.
       (2) A list of ship types which the Secretary of the Navy 
     has determined can comply with Regulation 5 of Annex V to the 
     Convention.
       (3) A summary of the progress made by the Navy in 
     implementing the requirements of paragraphs (2) and (3) such 
     section 3(c), as so amended.
       (4) A description of any emerging technologies offering the 
     potential to achieve full compliance with Regulation 5 of 
     Annex V to the Convention.
       (d) Publication Regarding Special Area Discharges.--Section 
     3(e)(4) of the Act to Prevent Pollution from Ships (33 U.S.C. 
     1902(e)(4)) is amended by striking out subparagraph (A) and 
     inserting in lieu thereof the following:
       ``(A) The amount and nature of the discharges in special 
     areas, not otherwise authorized under this title, during the 
     preceding year from ships referred to in subsection (b)(1)(A) 
     of this section owned or operated by the Department of the 
     Navy.''.
                                 ______


                 THURMOND (AND NUNN) AMENDMENT NO. 4196

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

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

     SEC. 1072. INCREASE IN PENALTIES FOR CERTAIN TRAFFIC OFFENSES 
                   ON MILITARY INSTALLATIONS.

       Section 4 of the Act of June 1, 1948 (40 U.S.C. 318c) is 
     amended to read as follows:
       ``Sec. 4. (a) Except as provided in subsection (b), whoever 
     shall violate any rule or regulation promulgated pursuant to 
     section 2 of this Act may be fined not more than $50 or 
     imprisoned for not more than thirty days, or both.
       ``(b) Whoever shall violate any rule or regulation for the 
     control of vehicular or pedestrian traffic on military 
     installations that is promulgated by the Secretary of 
     Defense, or the designee of the Secretary, under the 
     authority delegated pursuant to section 2 of this Act may be 
     fined an amount not to exceed the amount of a fine for a like 
     or similar offense under the criminal or civil law of the 
     State, territory, possession, or district where the military 
     installation is located, or imprisoned for not more than 
     thirty days, or both.''.
                                 ______


                     BYRD AMENDMENTS NOS. 4197-4198

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

                           Amendment No. 4197

       At the end of subtitle A of title V add the following:

     SEC. 506. SERVICE CREDIT FOR SENIOR R.O.T.C. CADETS AND 
                   MIDSHIPMEN IN SIMULTANEOUS MEMBERSHIP PROGRAM.

       (a) Amendments to Title 10.--(1) Section 2106(c) of title 
     10, United States Code, is amended by striking out ``while 
     serving on active duty other than for training after July 31, 
     1990, while a member of the Selected Reserve'' and inserting 
     in lieu thereof ``performed on or after August 1, 1979, as a 
     member of the Selected Reserve''.
       (2) Section 2107(g) of such title is amended by striking 
     out ``while serving on active duty other than for training 
     after July 31, 1990, while a member of the Selected Reserve'' 
     and inserting in lieu thereof ``performed on or after August 
     1, 1979, as a member of the Selected Reserve''.
       (3) Section 2107a(g) of such title is amended by inserting 
     ``, other than enlisted service performed after August 1, 
     1979, as a member of Selected Reserve'' after ``service as a 
     cadet or with concurrent enlisted service''.
       (b) Amendment to Title 37.--Section 205(d) of title 37, 
     United States Code, is amended by striking out ``that service 
     after July 31, 1990, that the officer performed while serving 
     on active duty'' and inserting in lieu thereof ``for service 
     that the officer performed on or after August 1, 1979.''.
       (c) Benefits Not To Accrue for Prior Periods.--No increase 
     in pay or retired or retainer pay shall accrue for periods 
     before the date of the enactment of this Act by reason of the 
     amendments made by this section.
                                                                    ____


                           Amendment No. 4198

       At the end of title VII add the following:

     SEC. 708. RESEARCH AND BENEFITS RELATING TO GULF WAR SERVICE.

       (a) Research.--(1) The Secretary of Defense shall, by 
     contract, grant, or other transaction, provide for scientific 
     research to be carried out by entities independent of the 
     Federal Government on possible causal relationships between 
     the complex of illnesses and symptoms commonly known as 
     ``Gulf War syndrome'' and the possible exposures of 
     members of the Armed Forces to chemical warfare agents or 
     other hazardous materials during Gulf War service.
       (2) The Secretary shall prescribe the procedures for making 
     awards under paragraph (1). The procedures shall--
       (A) include a comprehensive, independent peer-review 
     process for the evaluation of proposals for scientific 
     research that are submitted to the Department of Defense; and
       (B) provide for the final selection of proposals for award 
     to be based on the scientific merit and program relevance of 
     the proposed research.
       (3) Of the amount authorized to be appropriated under 
     section 301(19), $10,000,000 is available for research under 
     paragraph (1).
       (b) Health Care Benefits for afflicted Children of Gulf War 
     Veterans.--(1) Under regulations prescribed by the Secretary 
     of Defense, any child of a Gulf War veteran who has been born 
     after August 2, 1990, and has a congenital defect or 
     catastrophic illness not excluded from coverage under 
     paragraph (2) is eligible for medical and dental care under 
     chapter 55 of title 10, United States Code, for the 
     congenital defect or catastrophic illness, and associated 
     conditions, of the child.
       (2) The administering Secretaries may exclude from coverage 
     under this subsection--
       (A) any congenital defect or catastrophic illness that, as 
     determined by the Secretary of Defense to a reasonable degree 
     of scientific certainty on the basis of scientific research, 
     is not a defect or catastrophic illness that can result in a 
     child from an exposure of a parent of the child to a chemical 
     warfare agent or other hazardous material to which members of 
     the Armed Forces might have been exposed during Gulf War 
     service; and
       (B) a particular congenital defect or catastrophic illness 
     (and any associated condition) of a particular child if the 
     onset of the defect or illness is determined to have preceded 
     any possible exposure of the parent or parents of the child 
     to a chemical warfare agent or other hazardous material 
     during Gulf War service.
       (3) No fee, deductible, or copayment requirement may be 
     imposed or enforced for medical or dental care provided under 
     chapter 55 of title 10, United States Code, in the case of a 
     child who is eligible for such care under this subsection 
     (even if the child would otherwise be subject to such a 
     requirement on the basis of any eligibility for such care 
     that the child also has under any provision of law other than 
     this subsection).
       (c) Definitions.--(1) In this section:
       (A) The term ``Gulf War veteran'' means a veteran of Gulf 
     War service.
       (B) The term ``Gulf War service'' means service on active 
     duty as a member of the Armed Forces in the Southwest Asia 
     theater of operations during the Persian Gulf War.
       (C) The term ``Persian Gulf War'' has the meaning given 
     that term in section 101(33) of title 38, United States Code.
       (D) The term ``administering Secretaries'' has the meaning 
     given that term in section 1072(3) of title 10, United States 
     Code.
       (E) The term ``child'' means a natural child.
       (2) The Secretary of Defense shall prescribe in regulations 
     a definition of the terms ``congenital defect'' and 
     ``catastrophic illness'' for the purposes of this section.
                                 ______


                  FEINSTEIN AMENDMENTS NOS. 4199-4200

  (Ordered to lie on the table.)
  Mrs. FEINSTEIN submitted two amendments intended to proposed by her 
to the bill, S. 1745, supra; as follows:

                           Amendment No. 4199

       At the appropriate place, insert the following:

     SEC.   . CONTRIBUTIONS THROUGH INTERMEDIARIES AND CONDUITS.

       Section 315(a)(8) of FECA (2 U.S.C. 441a(a)(8)) is amended 
     to read as follows:
       ``(8) For the purposes of this subsection:
       ``(A) Contributions made by a person, either directly or 
     indirectly, to or on behalf of a particular candidate, 
     including contributions that are in any way earmarked or 
     otherwise directed through an intermediary or

[[Page S6886]]

     conduit to a candidate, shall be treated as contributions 
     from the person to the candidate. If a contribution is made 
     to a candidate through an intermediary or conduit, the 
     intermediary or conduit shall report the original source and 
     the intended recipient of the contribution to the Commission 
     and the intended recipient.
       ``(B) Contributions made directly or indirectly by a person 
     to or on behalf of a particular candidate through an 
     intermediary or conduit, including contributions arranged to 
     be made by an intermediary or conduit, shall be treated as 
     contributions from the intermediary or conduit to the 
     candidate if--
       ``(i) the contributions made through the intermediary or 
     conduit are in the form of a check or other negotiable 
     instrument made payable to the intermediary or conduit rather 
     than the intended recipient; or
       ``(ii) the intermediary or conduit is--
       ``(I) a political committee with a connected organization, 
     a political party, or an officer, employee, or agent of 
     either;
       ``(II) a person whose activities are required to be 
     reported under section 308 of the Federal Regulation of 
     Lobbying Act (2 U.S.C. 267), the Foreign Agents Registration 
     Act of 1938 (22 U.S.C. 611 et seq.), or any successor Federal 
     law requiring a person who is a lobbyist or foreign agent to 
     report the activities of such person;
       ``(III) a person who is prohibited from making 
     contributions under section 316 or a partnership; or
       ``(IV) an officer, employee, or agent of a person described 
     in subclause (II) or (III) acting on behalf of such person.
       ``(C) The term `contributions arranged to be made' 
     includes--
       ``(i)(I) contributions delivered directly or indirectly to 
     a particular candidate or the candidate's authorized 
     committee or agent by the person who facilitated the 
     contribution; and
       ``(II) contributions made directly or indirectly to a 
     particular candidate or the candidate's authorized committee 
     or agent that are provided at a fundraising event sponsored 
     by an intermediary or conduit described in subparagraph (B);
       (D) This paragraph shall not prohibit--
       ``(i) fundraising efforts for the benefit of a candidate 
     that are conducted by another candidate or Federal 
     officeholder; or
       ``(ii) the solicitation by an individual using the 
     individual's resources and acting in the individual's own 
     name of contributions from other persons in a manner not 
     described in paragraphs (B) and (C).''.
                                                                    ____


                           Amendment No. 4200

       At the appropriate place, insert the following:

     SEC.   . CANDIDATE EXPENDITURES FROM PERSONAL FUNDS.

       Section 315 of FECA (2 U.S.C. 441a) is amended by adding at 
     the end the following new subsection:
       ``(i)(1)(A) Not later than 15 days after a candidate 
     qualifies for a primary election ballot under State law, the 
     candidate shall file with the Commission, and each other 
     candidate who has qualified for that ballot, a declaration 
     stating whether the candidate intends to expend during the 
     election cycle an amount exceeding $250,000 from--
       ``(i) the candidate's personal funds;
       ``(ii) the funds of the candidate's immediate family; and
       ``(iii) personal loans incurred by the candidate and the 
     candidate's immediate family in connection with the 
     candidate's election campaign.
       ``(B) The declaration required by subparagraph (A) shall be 
     in such form and contain such information as the Commission 
     may require by regulation.
       ``(2) Notwithstanding subsection (a), the limitations on 
     contributions under subsection (a) shall be modified as 
     provided under paragraph (3) with respect to other candidates 
     for the same office who are not described in subparagraph 
     (A), (B), or (C), if the candidate--
       ``(A) declares under paragraph (1) that the candidate 
     intends to expend for the primary and general election funds 
     described in such paragraph in an amount exceeding $250,000;
       ``(B) expends such funds in the primary and general 
     election in an amount exceeding $250,000; or
       ``(C) fails to file the declaration required by paragraph 
     (1).
       ``(3) For purposes of paragraph (2)--
       ``(A) if a candidate described in paragraph (2)(B) expends 
     funds in an amount exceeding $250,000, the limitation under 
     subsection (a)(1)(A) shall be increased to $2,000; and
       ``(B) if a candidate described in paragraph (2)(B) expends 
     funds in an amount exceeding $250,000, the limitation under 
     subsection (a)(1)(A) shall be increased to $5,000.
       ``(4) If--
       ``(A) the modifications under paragraph (3) apply for a 
     convention or a primary election by reason of 1 or more 
     candidates taking (or failing to take) any action described 
     in subparagraph (A), (B), or (C) of paragraph (2); and
       ``(B) such candidates are not candidates in any subsequent 
     election in the same election campaign, including the general 
     election,

     paragraph (3) shall cease to apply to the other candidates in 
     such campaign.
       ``(5) No increase described in paragraph (3) shall apply 
     under paragraph (2) to noneligible Senate candidates in any 
     election if eligible Senate candidates are participating in 
     the same election campaign.
       ``(6) A candidate who--
       ``(A) declares, pursuant to paragraph (1), that the 
     candidate does not intend to expend funds described in 
     paragraph (1) in excess of $250,000; and
       ``(B) subsequently changes such declaration or expends such 
     funds in excess of that amount,

     shall file an amended declaration with the Commission and 
     notify all other candidates for the same office not later 
     than 24 hours after changing such declaration or exceeding 
     such limits, whichever first occurs, by sending a notice by 
     certified mail, return receipt requested.''.
                                 ______


                    BRYAN AMENDMENTS NOS. 4201-4202

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

                           Amendment No. 4201

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

     SEC. 1072. FEDERAL RETIREMENT PROVISIONS RELATING TO MEMBERS 
                   OF CONGRESS AND CONGRESSIONAL EMPLOYEES.

       (a) Short Title.--This section may be cited as the 
     ``Congressional Annuity Reform Act of 1996''.
       (b) Relating to the Maximum Annuity Allowable Pursuant to 
     Cost-of-Living Adjustments.--Section 8340(g)(1) of title 5, 
     United States Code, is amended--
       (1) in subparagraph (A) by striking ``or'' after the 
     semicolon;
       (2) in subparagraph (B)--
       (A) by striking ``employee or Member'' and inserting 
     ``employee'';
       (B) by striking ``employee or Member,'' and inserting 
     ``employee,'';
       (C) by striking ``employee's or Member's'' and inserting 
     ``employee's''; and
       (D) by striking the period at the end of subparagraph 
     (B)(ii) and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(C) the final pay of the Member with respect to whom the 
     annuity is paid.''.
       (c) Relating to the Years of Service as a Member of 
     Congress and Congressional Employees for Purposes of 
     Computing an Annuity.--
       (1) CSRS.--Section 8339 of title 5, United States Code, is 
     amended--
       (A) in subsection (a) by inserting ``or Member'' after 
     ``employee'';
       (B) by striking subsections (b) and (c); and
       (C) in subsection (h)--
       (i) in the first sentence by striking out ``subsections 
     (a), (b)'' and inserting in lieu thereof ``subsections 
     (a),''; and
       (ii) in the second sentence by striking out ``subsections 
     (c) and (f)'' and inserting in lieu thereof ``subsections (a) 
     and (f)''.
       (2) FERS.--Section 8415 of title 5, United States Code, is 
     amended--
       (A) by striking subsections (b) and (c);
       (B) in subsections (a) and (g) by inserting ``or Member'' 
     after ``employee'' each place it appears; and
       (C) in subsection (g)(2) by striking out ``Congressional 
     employee''.
       (d) Contribution Rates.--
       (1) CSRS.--(A) Section 8334(a)(1) of title 5, United States 
     Code, is amended--
       (i) by striking out ``of an employee, 7\1/2\ percent of the 
     basic pay of a Congressional employee,'' and inserting in 
     lieu thereof ``of an employee, a Member,''; and
       (ii) by striking out ``basic pay of a Member,'' and 
     inserting in lieu thereof ``basic pay of''.
       (B) The table under section 8334(c) of title 5, United 
     States Code, is amended--
       (i) in the item relating to Member or employee for 
     Congressional employee service by striking out

       

               ``                           7\1/  After December 31,    
                                       2\.......   1969.''              
                                                                        
                                                                        

     and inserting in lieu thereof

       

               ``                           7\1/  December 31, 1969 to  
                                       2\.......   (but not including)  
                                                   the effective date of
                                                   the Congressional    
                                                   Annuity Reform Act of
                                                   1996.                
               ``                      7........  On and after the      
                                              ..   effective date of the
                                                   Congressional Annuity
                                                   Reform Act of        
                                                   1996.'';             
                                                                        
                                                                        

     and (ii) in the item relating to Member for Member service by 
     striking out

       

               ``                      8........  After December 31,    
                                              ..   1969.''              
                                                                        
                                                                        

     and inserting in lieu thereof

       

               ``                      8........  December 31, 1969 to  
                                              ..   (but not including)  
                                                   the effective date of
                                                   the Congressional    
                                                   Annuity Reform Act of
                                                   1996.                
               ``                      7........  On and after the      
                                              ..   effective date of the
                                                   Congressional Annuity
                                                   Reform Act of        
                                                   1996.''.             
                                                                        
                                                                        

       (2) FERS.--Section 8422(a)(2) of title 5, United States 
     Code, is amended--
       (A) in subparagraph (A) by striking out ``employee (other 
     than a law enforcement officer, firefighter, air traffic 
     controller, or Congressional employee)'' and inserting in 
     lieu thereof ``employee or Member (other than a law 
     enforcement officer, firefighter, or air traffic 
     controller)''; and
       (B) in subparagraph (B)--
       (i) by striking out ``a Member,''; and
       (ii) by striking out ``air traffic controller, or 
     Congressional employee,'' and inserting in lieu thereof ``or 
     air traffic controller,''.

[[Page S6887]]

       (e) Administrative Regulations.--The Office of Personnel 
     Management, in consultation with the Secretary of the Senate 
     and the Clerk of the House of Representatives, may prescribe 
     regulations to carry out the provisions of this section and 
     the amendments made by this section for applicable employees 
     and Members of Congress.
       (f) Effective Dates.--
       (1) Short title.--Subsection (a) shall take effect on the 
     date of the enactment of this Act.
       (2) COLA adjustments.--The amendments made by subsection 
     (b) shall take effect on the date of the enactment of this 
     Act and shall apply with respect to annuities commencing on 
     or after such date.
       (3) Years of service; annuity computation.--(A) The 
     amendments made by subsection (c) shall take effect on the 
     date of the enactment of this Act and shall apply only with 
     regard to the computation of an annuity relating to--
       (i) the service of a Member of Congress as a Member or as a 
     Congressional employee performed after such date; and
       (ii) the service of a Congressional employee as a 
     Congressional employee performed after such date.
       (B) An annuity shall be computed as though the amendments 
     made under subsection (c) had not been enacted with regard 
     to--
       (i) the service of a Member of Congress as a Member or a 
     Congressional employee or military service performed before 
     the date of the enactment of this Act; and
       (ii) the service of a Congressional employee as a 
     Congressional employee or military service performed before 
     the date of the enactment of this Act.
       (4) Contribution rates.--The amendments made by subsection 
     (d) shall take effect on the first day of the first 
     applicable pay period beginning on or after the date of the 
     enactment of this Act.
       (5) Regulations.--The provisions of subsection (e) shall 
     take effect on the date of the enactment of this Act.
       (6) Alternative effective date relating to members of 
     congress.--If a court of competent jurisdiction makes a final 
     determination that a provision of this subsection violates 
     the 27th amendment of the United States Constitution, the 
     effective date and application dates relating to Members of 
     Congress shall be January 3, 1997.
                                                                    ____


                           Amendment No. 4202

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

     SEC. 1072. CONGRESSIONAL, PRESIDENTIAL, AND JUDICIAL PENSION 
                   FORFEITURE.

       (a) Short Title.--This section may be cited as the 
     ``Congressional, Presidential, and Judicial Pension 
     Forfeiture Act''.
       (b) Conviction of Certain Offenses.--
       (1) In general.--Section 8312(a) of title 5, United States 
     Code, is amended--
       (A) by striking ``or'' at the end of paragraph (1);
       (B) by striking the period at the end of paragraph (2) and 
     inserting ``; or'';
       (C) by adding after paragraph (2) the following new 
     paragraph:
       ``(3) is convicted of an offense named by subsection (d), 
     to the extent provided by that subsection.'';
       (D) by striking ``and'' at the end of subparagraph (A);
       (E) by striking the period at the end of subparagraph (B) 
     and inserting ``; and''; and
       (F) by adding after subparagraph (B) the following new 
     subparagraph:
       ``(C) with respect to the offenses named by subsection (d) 
     of this section, to the period after the date of the 
     conviction.''.
       (2) Identification of offenses.--Section 8312 of title 5, 
     United States Code, is amended--
       (A) by redesignating subsection (d) as subsection (e); and
       (B) by inserting after subsection (c) the following new 
     subsection:
       ``(d)(1) The offenses under paragraph (2) are the offenses 
     to which subsection (a) of this section applies, but only 
     if--
       ``(A) the individual is convicted of such offense committed 
     after the date of the enactment of the Congressional, 
     Presidential, and Judicial Pension Forfeiture Act;
       ``(B) the individual was a Member of Congress (including 
     the Vice President), a congressional employee, or a Federal 
     justice or judge at the time of committing the offense; and
       ``(C) the offense is punishable by imprisonment for more 
     than 1 year.
       ``(2) The offenses under this paragraph are as follows:
       ``(A) An offense within the purview of--
       ``(i) section 201 of title 18 (bribery of public officials 
     and witnesses);
       ``(ii) section 203 of title 18 (compensation to Members of 
     Congress, officers, and others in matters affecting the 
     Government);
       ``(iii) section 204 of title 18 (practice in United States 
     Court of Federal Claims or the United States Court of Appeals 
     for the Federal Circuit by Members of Congress);
       ``(iv) section 219 of title 18 (officers and employees 
     acting as agents of foreign principals);
       ``(v) section 286 of title 18 (conspiracy to defraud the 
     Government with respect to claims);
       ``(vi) section 287 of title 18 (false, fictitious, or 
     fraudulent claims);
       ``(vii) section 371 of title 18 (conspiracy to commit 
     offense or to defraud the United States;
       ``(viii) section 597 of title 18 (expenditures to influence 
     voting);
       ``(ix) section 599 of title 18 (promise of appointment by 
     candidate);
       ``(x) section 602 of title 18 (solicitation of political 
     contributions);
       ``(xi) section 606 of title 18 (intimidation to secure 
     political contributions);
       ``(xii) section 607 of title 18 (place of solicitation);
       ``(xiii) section 641 of title 18 (public money, property or 
     records); or
       ``(xiv) section 1001 of title 18 (statements or entries 
     generally).
       ``(B) Perjury committed under the statutes of the United 
     States in falsely denying the commission of an act which 
     constitutes an offense within the purview of a statute named 
     by subparagraph (A).
       ``(C) Subornation of perjury committed in connection with 
     the false denial of another individual as specified by 
     subparagraph (B).''.
       (c) Absence From the United States To Avoid Prosecution.--
       (1) In general.--Section 8313 of title 5, United States 
     Code, is amended--
       (A) by redesignating subsection (b) as subsection (c); and
       (B) by inserting after subsection (a) the following new 
     subsection:
       ``(b) An individual, or his survivor or beneficiary, may 
     not be paid annuity or retired pay on the basis of the 
     service of the individual which is creditable toward the 
     annuity or retired pay, subject to the exceptions in section 
     8311(2) and (3) of this title, if the individual--
       ``(1) is under indictment, after the date of the enactment 
     of the Congressional, Presidential, and Judicial Pension 
     Forfeiture Act, for an offense named by section 8312(d)(2) of 
     this title, but only if such offense satisfies section 
     8312(d)(1)(C) of this title;
       ``(2) willfully remains outside the United States, or its 
     territories and possessions including the Commonwealth of 
     Puerto Rico, for more than 1 year with knowledge of the 
     indictment or charges, as the case may be; and
       ``(3) is an individual described in section 
     8312(d)(1)(B).''.
       (2) Conforming amendment.--Subsection (c) of section 8313 
     of title 5, United States Code (as redesignated under 
     paragraph (1)(A)) is amended by inserting ``or (b)'' after 
     ``subsection (a)''.
       (d) Refund of Contributions and Deposits.--Section 8316(b) 
     of title 5, United States Code, is amended--
       (1) by striking ``or'' at the end of paragraph (1);
       (2) by striking the period at the end of paragraph (2) and 
     inserting ``; or''; and
       (3) by adding at the end the following new paragraph:
       ``(3) if the individual was convicted of an offense named 
     by section 8312(d) of this title, for the period after the 
     conviction of the violation.''.
       (e) Forfeiture of Presidential Allowance.--Subsection (a) 
     of the first section of the Act entitled ``An Act to provide 
     retirement, clerical assistance, and free mailing privileges 
     to former Presidents of the United States, and for other 
     purposes'', approved August 25, 1958 (Public Law 85-745; 72 
     Stat. 838; 3 U.S.C. 102 note) is amended--
       (1) by striking ``Each former President'' and inserting 
     ``(1) Subject to paragraph (2), each former President''; and
       (2) by inserting at the end the following new paragraph:
       ``(2) The allowance payable to an individual under 
     paragraph (1) shall be forfeited if--
       ``(A) the individual is convicted of an offense described 
     under section 8312(d)(2) of title 5, United States Code, 
     committed after the date of the enactment of the 
     Congressional, Presidential, and Judicial Pension Forfeiture 
     Act;
       ``(B) such individual committed such offense during the 
     individual's term of office as President; and
       ``(C) the offense is punishable by imprisonment for more 
     than 1 year.''.
                                 ______


                  GLENN (AND PELL) AMENDMENT NO. 4203

  (Ordered to lie on the table.)
  Mr. GLENN (for himself and Mr. Pell) submitted an amendment intended 
to be proposed by them to the bill, S. 1745, supra; as follows:

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

     SEC. 1072. STRENGTHENING CERTAIN SANCTIONS AGAINST NUCLEAR 
                   PROLIFERATION ACTIVITIES.

       (a) In General.--Section 2(b)(4) of the Export-Import Bank 
     Act of 1945 (12 U.S.C. 635(b)(4)) is amended--
       (1) by inserting after ``any country has willfully aided or 
     abetted'' the following: ``, or any person has knowingly 
     aided or abetted,'';
       (2) by striking ``or countries'' and inserting ``, 
     countries, person, or persons'';
       (3) by inserting after ``United States exports to such 
     country'' the following: ``or, in the case of any such 
     person, give approval to guarantee, insure, or extend credit, 
     or participate in the extension of credit in support of, 
     exports to or by any such person for a 12-month period,'';
       (4) by inserting ``(A)'' immediately after ``(4)'';
       (5) by inserting after ``United States exports to such 
     country'' the second place it appears the following ``, 
     except as provided in subparagraph (b),''; and

[[Page S6888]]

       (6) by adding at the end the following:
       ``(B) In the case of any country or person aiding or 
     abetting a non-nuclear-weapon state as described in 
     subparagraph (A), the prohibition on financing by the Bank 
     contained in the second sentence of that subparagraph shall 
     not apply to the country or person, as the case may be, if 
     the President determines and certifies in writing to the 
     Congress that--
       ``(i) reliable information indicates that the country or 
     person with respect to which the determination is made has 
     ceased to aid or abet any non-nuclear-weapon state to acquire 
     any nuclear explosive device or to acquire unsafeguarded 
     special nuclear material; and
       ``(ii) the President has received reliable assurances from 
     the country or person that such country or person will not, 
     in the future, aid or abet any non-nuclear-weapon state in 
     its efforts to acquire any nuclear explosive device or any 
     unsafeguarded special nuclear material.
       ``(C) For purposes of subparagraphs (A) and (B)--
       ``(i) the term `country' has the meaning given to `foreign 
     state' in section 1603(a) of title 28, United States Code;
       ``(ii) the term `knowingly' is used within the meaning of 
     the term `knowing' in section 104 of the Foreign Corrupt 
     Practices Act; and
       ``(iii) the term `person' means a natural person as well as 
     a corporation, business association, partnership, society, 
     trust, any other nongovernmental entity, organization, or 
     group, and any governmental entity operating as a business 
     enterprise, and any successor of any such entity.''.
       (b) Effective Date.--(1) The amendments made by paragraphs 
     (1) through (5) of subsection (a) shall apply to persons, and 
     the amendment made by subsection (a)(6), shall apply to 
     countries and persons, aiding or abetting non-nuclear weapon 
     states on or after June 29, 1994.
       (2) Nothing in this section or the amendments made by this 
     section shall apply to obligations undertaken pursuant to 
     guarantees, insurance, and the extension of credits (and 
     participation in the extension of credits) made before the 
     date of enactment of this Act.
                                 ______


                       HARKIN AMENDMENT NO. 4204

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

       In section 305(a), strike out ``may be made available to'' 
     and insert in lieu thereof ``shall be made available to''.
       In section 305(b), strike out ``search and rescue 
     missions'' and insert in lieu thereof ``associated with Civil 
     Air Patrol Emergency Services operations, including search 
     and rescue missions, disaster relief missions, and other 
     missions.''.
                                 ______


                   SARBANES AMENDMENTS NOS. 4205-4206

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

                           Amendment No. 4205

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

     SEC. 1072. NATIONAL MILITARY MUSEUM FOUNDATION FOR THE 
                   PRESERVATION OF MILITARY TECHNOLOGY AND 
                   MATERIEL.

       (a) Establishment.--There is established a nonprofit 
     corporation to be known as the National Military Museum 
     Foundation for the Preservation of Military Technology and 
     Materiel (in this section referred to as the ``Foundation''). 
     The Foundation is not an agency or instrumentality of the 
     United States.
       (b) Purposes.--The Foundation shall have the following 
     purposes:
       (1) To encourage and facilitate the preservation of 
     military materiel having historical or technological 
     significance.
       (2) To promote innovative solutions to the problems 
     associated with the preservation of such military materiel.
       (3) To facilitate research on and educational activities 
     relating to military history.
       (4) To promote voluntary partnerships between the Federal 
     Government and the private sector for the preservation of 
     such military materiel and of military history.
       (5) To facilitate the display of such military materiel for 
     the education and benefit of the public.
       (6) To develop publications and other interpretive 
     materials pertinent to the historical collections of the 
     Armed Forces that will supplement similar publications and 
     materials available from public, private, and corporate 
     sources.
       (7) To provide financial support for educational, 
     interpretive, and conservation programs of the Armed Forces 
     relating to such military materiel.
       (8) To broaden public understanding of the role of the 
     military in United States history.
       (c) Board of Directors.--(1) The Foundation shall have a 
     Board of Directors (in this section referred to as the 
     ``Board'') composed of nine individuals appointed by the 
     Secretary of Defense from among individuals who are United 
     States citizens.
       (2) Of the individuals appointed under paragraph (1)--
       (A) at least one shall have an expertise in historic 
     preservation;
       (B) at least one shall have an expertise in military 
     history;
       (C) at least one shall have an expertise in the 
     administration of museums; and
       (D) at least one shall have an expertise in military 
     technology and materiel.
       (3)(A) The Secretary shall designate one of the individuals 
     first appointed to the Board under paragraph (1) as the 
     chairperson of the Board. The individual so designated shall 
     serve as chairperson for a term of 2 years.
       (B) Upon the expiration of the term of chairperson of the 
     individual designated as chairperson under subparagraph (A), 
     or of the term of a chairperson elected under this 
     subparagraph, the members of the Board shall elect a 
     chairperson of the Board from among its members.
       (4)(A) Subject to subparagraph (B), members appointed to 
     the Board shall serve on the Board for a term of 4 years.
       (B) If a member of the Board misses three consecutive 
     meetings of the Board, the Board may remove the member from 
     the Board for that reason.
       (C) Any vacancy in the Board shall not affect its powers 
     but shall be filled, not later than 60 days after the 
     vacancy, in the same manner in which the original appointment 
     was made.
       (5) A majority of the members of the Board shall constitute 
     a quorum.
       (6) The Board shall meet at the call of the chairperson of 
     the Board. The Board shall meet at least once a year.
       (d) Organizational Matters.--The members of the Board first 
     appointed under subsection (c)(1) shall--
       (1) adopt a constitution and bylaws for the Foundation;
       (2) serve as incorporators of the Foundation; and
       (3) take whatever other actions the Board determines 
     appropriate in order to establish the Foundation as a 
     nonprofit corporation.
       (e) Officers and Employees.--(1) The Foundation shall have 
     an executive director appointed by the Board and such other 
     officers as the Board may appoint. The executive director and 
     the other officers of the Foundation shall be compensated at 
     rates fixed by the Board and shall serve at the pleasure of 
     the Board.
       (2) Subject to the approval of the Board, the Foundation 
     may employ such individuals, and at such rates of 
     compensation, as the executive director determines 
     appropriate.
       (3) Subject to the approval of the Board, the Foundation 
     may accept the services of volunteers in the performance of 
     the functions of the Foundation.
       (4) A person who is a full-time or part-time employee of 
     the Federal Government may not serve as a full-time or part-
     time employee of the Foundation and shall not be considered 
     for any purpose an employee of the Federal Government.
       (f) Powers and Responsibilities.--In order to carry out the 
     purposes of this section, the Foundation is authorized to--
       (1) accept, hold, administer, invest, and spend any gift, 
     devise, or bequest of real or personal property made to the 
     Foundation;
       (2) enter into contracts with individuals, public or 
     private organizations, professional societies, and government 
     agencies for the purpose of carrying out the functions of the 
     Foundation; and
       (3) enter into such other contracts, leases, cooperative 
     agreements, and other transactions at the executive director 
     of the Foundation considers appropriate to carry out the 
     activities of the Foundation.
       (g) Audits.--(1) The first section of the Act entitled ``An 
     Act to provide for the audit of accounts of private 
     corporations established under Federal law,'' approved August 
     30, 1964 (36 U.S.C. 1101), is amended by adding at the end 
     the following:
       ``(78) The National Military Museum Foundation for the 
     Preservation of Military Technology and Materiel.''.
       (2) The amendment made by paragraph (1) shall take effect 
     on the date that the chairperson of the Board notifies the 
     Secretary of Defense of the incorporation of the Foundation 
     under this section.
       (h) Reports.--As soon as practicable after the end of each 
     fiscal year of the Foundation, the Board shall submit to 
     Congress and to the Secretary of Defense a report on the 
     activities of the Foundation during the preceding fiscal 
     year, including a full and complete statement of the 
     receipts, expenditures, investment activities, and other 
     financial activities of the Foundation during such fiscal 
     year.
       (i) Initial Support.--(1) In addition to any other amounts 
     authorized to be appropriated by this Act, there is 
     authorized to be appropriated for the Department of Defense 
     $1,000,000 for the purpose of making a grant to the 
     Foundation in order to assist the Foundation in defraying the 
     costs of its activities. Such amount shall be available for 
     such purpose until September 30, 1998.
       (2) For each of fiscal years 1997 through 1999, the 
     Secretary of Defense may provide, without reimbursement, 
     personnel, facilities, and other administrative services of 
     the Department to the Foundation.
                                                                    ____


                           Amendment No. 4206

       At the end of title XXI, add the following:

     SEC. 2105. PLAN FOR REPAIRS AND STABILIZATION OF THE HISTORIC 
                   DISTRICT AT THE FOREST GLEN ANNEX OF WALTER 
                   REED MEDICAL CENTER, MARYLAND.

       Not later than 30 days after the date of the enactment of 
     this Act, the Secretary of the

[[Page S6889]]

     Army shall submit to the congressional defense committees a 
     comprehensive plan for basic repairs and stabilization 
     measures throughout the historic district at the Forest Glen 
     Annex of Walter Reed Army Medical Center, Maryland, together 
     with a reprogramming request for funds necessary to implement 
     the plan.
                                 ______


                    SIMON AMENDMENTS NOS. 4207-4208

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

                           Amendment No. 4207

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

     SEC. 243. DESALTING TECHNOLOGIES.

       (a) Findings.--Congress makes the following findings:
       (1) Access to scarce fresh water is likely to be a cause of 
     future military conflicts in the Middle East and has a direct 
     impact on stability and security in the region.
       (2) The Middle East is an area of vital and strategic 
     importance to the United States.
       (3) The United States has played a military role in the 
     Middle East, most recently in the Persian Gulf War, and may 
     likely be called upon again to deter aggression in the 
     region.
       (4) United States troops have used desalting technologies 
     to guarantee the availability of fresh water in past 
     deployments in the Middle East.
       (5) Adequate, efficient, and cheap access to high-quality 
     fresh water will be vital to maintaining the readiness and 
     sustainability of United States troops, and those of our 
     allies.
       (b) Sense of Senate.--It is the sense of the Senate that, 
     as improved access to fresh water will be an important factor 
     in helping prevent future conflicts in the Middle East, the 
     United States should, in cooperation with its allies, promote 
     and invest in technologies to reduce the costs of converting 
     saline water into fresh water.
       (c) Funding for Research and Development.--Of the amounts 
     authorized to be appropriated by this title, the Secretary 
     shall place greater emphasis on making funds available for 
     research and development into efficient and economical 
     processes and methods for converting saline water into fresh 
     water.
                                                                    ____


                           Amendment No. 4208

       At the end of subtitle C of title II, add the following:

     SEC. 237. TEMPORARY PROHIBITION ON USE OF CERTAIN FUNDS FOR 
                   RESEARCH AND DEVELOPMENT RELATING TO NATIONAL 
                   MISSILE DEFENSE.

       Of the funds authorized to be appropriated by section 
     201(4) for the Ballistic Missile Defense Organization for the 
     purpose of research and development relating to national 
     missile defense systems, $300,000,000 may not be obligated or 
     expended for such research and development until the later 
     of--
       (1) the date of the enactment of an Act entitled ``Defend 
     America Act''; or
       (2) the date of the enactment of this Act.
                                 ______


                        HELMS AMENDMENT NO. 4209

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

       At the appropriate place, add the following:

     SEC.   . SENSE OF THE SENATE.

       (a) Findings.--The Senate finds that--
       (1) President Clinton has repeatedly voiced the need for 
     increased protection and strengthening of moral values among 
     our children, including using school uniforms, curfews, and 
     educational television;
       (2) pornography and smut of the most indecent and offensive 
     nature is proliferating on the Internet and thereby spreading 
     around the electronic world, including sites often visited by 
     children;
       (3) increasing numbers of electronic pornographers are 
     participating in the transmission of pornography and other 
     indecent material that is easily accessible to children;
       (4) pornographers are now targeting children as potential 
     customers;
       (5) Congress enacted the Communications Decency Act of 1996 
     (referred to in this resolution as ``the Act'') to protect 
     our youngest and most vulnerable generation from the morally 
     corrupting influence of depravity on computer networks by, 
     among other measures, prohibiting the knowing transmission of 
     indecent material to recipients known to be minors;
       (6) Congress specifically described indecent communications 
     in the Act by using language upheld by the Supreme Court in 
     FCC v. Pacifica Foundation, 438 U.S. 726 (1978);
       (7) on February 8, 1996, when the Act was signed into law, 
     the American Civil Liberties Union and others filed suit in 
     the United States District Court for the Eastern District of 
     Pennsylvania, seeking a preliminary injunction against 
     enforcement of the Act on the specious and erroneous grounds 
     that the Act violates the first and fifth amendments to 
     the Constitution;
       (8) on June 11, 1996, the District Court granted such 
     injunction based on the unworthy pretext, by the American 
     Civil Liberties Union and others, contrary to applicable 
     Supreme Court precedents, that the Act is ``unconstitutional 
     on its face'';
       (9) section 561(b) of the Act provides for direct appeal to 
     the Supreme Court, as a matter of right, should any part of 
     the Act be held unconstitutional by a District Court;
       (10) the Department of Justice has hesitated to appeal the 
     District Court's injunction;
       (10) the Clinton Administration's 1993 failure to defend 
     aggressively Federal child pornography statutes in the case 
     of United States v. Knox, 32 F.3d 733 (3rd Cir. 1994) 
     compelled the Senate to resolve that the Administration 
     defend the statute, which calls into question the 
     Administration's resolve in this case; and
       (11) the Senate finds it imperative that the Department of 
     Justice vigorously defend the Act before the Supreme Court.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the Department of Justice should appeal directly to the 
     Supreme Court the order of the District Court in ACLU v. 
     Reno, No. 96-963 (E.D. Pa. June 11, 1996).
                                 ______


                   BINGAMAN AMENDMENTS NOS. 4210-4211

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

                           Amendment No. 4210

       On page 398, after line 23, insert the following:

     SEC. 2828. RENOVATION OF THE PENTAGON RESERVATION.

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


                           Amendment No. 4211

       Strike out section 402 and insert in lieu thereof the 
     following:

     SEC. 402. REPEAL OF PERMANENT END STRENGTHS.

       (a) Repeal.--Section 691 of title 10, United States Code, 
     is repealed.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 39 of such title is amended by striking 
     out the item relating to section 691.
                                 ______


                   FEINGOLD AMENDMENTS NOS. 4212-4213

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

                           Amendment No. 4212

       At the end of subtitle B of title II, adds the following:

     SEC. 223. COST-BENEFIT ANALYSIS OF F/A-18E/F AIRCRAFT 
                   PROGRAM.

       (a) Report on Program.--Not later than March 30, 1997, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report on the F/A-18E/F aircraft 
     program.
       (b) Content of Report.--The report shall contain the 
     following:
       (1) A review of the F/A-18E/F aircraft program.
       (2) An analysis and estimate of the production costs of the 
     program for the total number of aircraft realistically 
     expected to be procured at each of three annual production 
     rates as follows:
       (A) 18 aircraft.
       (B) 24 aircraft.
       (C) 36 aircraft.
       (3) A comparison of the costs and benefits of the program 
     with the costs and benefits of the F/A-18C/D aircraft program 
     taking into account the operational combat effectiveness of 
     the aircraft.
       (c) Limitation on Use of Funds Pending Transmittal of 
     Report.--No funds authorized to be appropriated by this Act 
     may be obligated or expended for the procurement of F/A-18E/F 
     aircraft before the date that is 90 days after the date on 
     which the congressional defense committees receive the report 
     required under subsection (a).
                                                                    ____


                           Amendment No. 4213

       Strike out section 902 and insert in lieu thereof the 
     following:

     SEC. 902. TERMINATION OF THE UNIFORMED SERVICES UNIVERSITY OF 
                   THE HEALTH SCIENCES.

       (a) Ternmination.--(1) The Uniformed Services University of 
     the Health Sciences is terminated.
       (2)(A) Chapter 104 of title 10, United States Code, is 
     repealed.
       (B) The table of chapters at the beginning of subtitle A of 
     such title, and at the beginning of part III of such 
     subtitle, are each amended by striking out the item relating 
     to chapter 104.
       (b) Effective Date.--The termination referred to in 
     subsection (a), and the amendments made by such subsection, 
     shall take effect on the date of the graduation from the 
     Uniformed Services University of the Health Sciences of the 
     last class of students that enrolled in such university on or 
     before the date of the enactment of this Act.
                                 ______


                      BINGAMAN AMENDMENT NO. 4214

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

       In section 402, strike out ``5'' in the last line and 
     insert in lieu thereof ``100''.
                                 ______


[[Page S6890]]



                     LAUTENBERG AMENDMENT NO. 4215

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

       Beginning on page 90, strike line 1 and all that follows 
     through page 91, line 17.
                                 ______


                JOHNSTON (AND BREAUX) AMENDMENT NO. 4216

  (Ordered to lie on the table.)
  Mr. JOHNSTON (for himself and Mr. Breaux) submitted an amendment 
intended to be proposed by them to the bill, S. 1745, supra; as 
follows:

       At the end of subtitle C of title XXVIII, add the 
     following:

     SEC. 2828. LAND TRANSFER, VERNON RANGER DISTRICT, KISATCHIE 
                   NATIONAL FOREST, LOUISIANA.

       (a) Transfer Pursuant to Administrative Agreement.--(1) Not 
     later than six months after the date of the enactment of this 
     Act, the Secretary of the Army and the Secretary of 
     Agriculture shall enter into an agreement providing for the 
     transfer to the Secretary of the Army of administrative 
     jurisdiction over such portion of land currently owned by the 
     United States within the Vernon Ranger District of the 
     Kisatchie National Forest, Louisiana, as the Secretary of the 
     Army and the Secretary of Agriculture jointly determine 
     appropriate for military training activities in connection 
     with Fort Polk, Louisiana. The agreement shall allocate 
     responsibility for land management and conservation 
     activities with respect to the property transferred between 
     the Secretary of the Army and the Secretary of Agriculture.
       (2) The Secretary of the Army and the Secretary of 
     Agriculture may jointly extend the deadline for entering into 
     an agreement under paragraph (1). The deadline may be 
     extended by not more than six months.
       (b) Alternative Transfer Requirement.--If the Secretary of 
     the Army and the Secretary of Agriculture fail to enter into 
     the agreement referred to in paragraph (1) of subsection (a) 
     within the time provided for in that subsection, the 
     Secretary of Agriculture shall, at the end of such time, 
     transfer to the Secretary of the Army administrative 
     jurisdiction over property consisting of approximately 84,825 
     acres of land currently owned by the United States and 
     located in the Vernon Ranger District of the Kisatchie 
     National Forest, Louisiana, as generally depicted on the map 
     entitled ``Fort Polk Military Installation map'', dated 
     June 1995.
       (c) Limitation of Acquisition of Private Property.--The 
     Secretary of the Army may acquire privately-owned land within 
     the property transferred under this section only with the 
     consent of the owner of the land.
       (d) Use of Property.--(1) Subject to paragraph (2), the 
     Secretary of the Army shall use the property transferred 
     under this section for military maneuvers, training and 
     weapons firing, and other military activities in connection 
     with Fort Polk, Louisiana.
       (2) The Secretary may not permit the firing of live 
     ammunition on or over any portion of the property unless the 
     firing of such ammunition on or over such portion is 
     permitted as of the date of the enactment of this Act.
       (e) Map and Legal Description.--(1) As soon as practicable 
     after the date of the transfer of property under this 
     section, the Secretary of Agriculture shall--
       (A) publish in the Federal Register a notice containing the 
     legal description of the property transferred; and
       (B) file a map and the legal description of the property 
     with the Committee on Energy and Natural Resources, the 
     Committee on Agriculture, Nutrition, and Forestry, and the 
     Committee on Armed Services of the Senate and the Committee 
     on Resources, the Committee on Agriculture, and the Committee 
     on National Security of the House of Representatives.
       (2) The maps and legal descriptions prepared under 
     paragraph (1) shall have the same force and effect as if 
     included in this subsection, except that the Secretary of 
     Agriculture may correct clerical and typographical errors in 
     the maps and legal descriptions.
       (3) As soon as practicable after the date of the enactment 
     of this Act, copies of the maps and legal descriptions 
     prepared under paragraph (1) shall be available for public 
     inspection in the following offices:
       (A) The Office of the Secretary of Agriculture.
       (B) Such offices of the United States Forest Service as the 
     Secretary of Agriculture shall designate.
       (C) The Office of the Commander of Fort Polk, Louisiana.
       (D) The appropriate office in the Vernon Parish Court 
     House, Louisiana.
       (f) Management of Property.--(1) If the transfer of 
     property under this section occurs under subsection (a), the 
     Secretary of the Army and the Secretary of Agriculture shall 
     manage the property in accordance with the agreement entered 
     into under that subsection.
       (2)(A) If the transfer of property under this section 
     occurs under subsection (b), the Secretary of the Army and 
     the Secretary of Agriculture shall manage the property in 
     accordance with the management plan under subparagraph (B) 
     and the memorandum of understanding under subparagraph (C).
       (B)(i) For purposes of managing the property under this 
     paragraph, the Secretary of the Army shall, with the 
     concurrence of the Secretary of Agriculture, develop a plan 
     for the management of the property not later than two years 
     after the transfer of the property. The Secretary of the Army 
     shall provide for a period of public comment in developing 
     the plan in order to ensure that the concerns of local 
     citizens are taken into account in the development of the 
     plan. The Secretary of the Army may utilize the property 
     pending the completion of the plan.
       (ii) The Secretary of the Army shall develop and implement 
     the plan in compliance with applicable Federal law, including 
     the provisions of the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.).
       (iii) The plan shall provide for the management of the 
     natural, cultural, and other resources of the property, 
     including grazing, the management of wildlife and wildlife 
     habitat, recreational uses (including hunting and fishing), 
     and non-public uses of non-Federal lands within the property.
       (C)(i) For purposes of managing the property under this 
     paragraph, the Secretary of the Army and the Secretary of 
     Agriculture shall enter into a memorandum of understanding in 
     order to provide for--
       (I) the implementation of the management plan developed 
     under subparagraph (B); and
       (II) the management by the Secretary of Agriculture of such 
     areas of the property as the Secretary of the Army and the 
     Secretary of Agriculture designate for use for non-military 
     purposes.
       (ii) The Secretary of the Army and the Secretary of 
     Agriculture may amend the memorandum of understanding by 
     mutual agreement.
       (g) Reversion.--If at any time after the transfer of 
     property under this section the Secretary of the Army 
     determines that the property, or any portion thereof, is no 
     longer to be retained by the Army for possible use for 
     military purposes, jurisdiction over the property, or such 
     portion thereof, shall revert to the Secretary of Agriculture 
     who shall manage the property, or portion thereof, as part of 
     the Kisatchie National Forest.
                                 ______


                    MOSELEY-BRAUN AMENDMENT NO. 4217

  (Ordered to lie on the table.)
  Ms. MOSELEY-BRAUN submitted an amendment intended to be proposed by 
her to the bill, S. 1745, supra; as follows:

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

     SEC. 636. PREVENTION OF CIRCUMVENTION OF COURT ORDER BY 
                   WAIVER OF RETIRED PAY TO ENHANCE CIVIL SERVICE 
                   RETIREMENT ANNUITY.

       (a) Civil Service Retirement and Disability System.--
       (1) In general.--Subsection (c) of section 8332 of title 5, 
     United States Code, is amended by adding at the end the 
     following:
       ``(4) If an employee or Member waives retired pay that is 
     subject to a court order for which there has been effective 
     service on the Secretary concerned for purposes of section 
     1408 of title 10, the military service on which the retired 
     pay is based may be credited as service for purposes of this 
     subchapter only if, in accordance with regulations prescribed 
     by the Director of the Office of Personnel Management, the 
     employee or Member authorizes the Director to deduct and 
     withhold from the annuity payable to the employee or Member 
     under this subchapter, and to pay to the former spouse 
     covered by the court order, the same amount that would have 
     been deducted and withheld from the employee's or Member's 
     retired pay and paid to that former spouse under such section 
     1408.''.
       (2) Conforming amendment.--Paragraph (1) of such subsection 
     is amended by striking ``Except as provided in paragraph 
     (2)'' and inserting ``Except as provided in paragraphs (2) 
     and (4)''.
       (b) Federal Employees' Retirement System.--
       (1) In general.--Subsection (c) of section 8411 of title 5, 
     United States Code, is amended by adding at the end the 
     following:
       ``(5) If an employee or Member waives retired pay that is 
     subject to a court order for which there has been effective 
     service on the Secretary concerned for purposes of section 
     1408 of title 10, the military service on which the retired 
     pay is based may be credited as service for purposes of this 
     chapter only if, in accordance with regulations prescribed by 
     the Director of the Office of Personnel Management, the 
     employee or Member authorizes the Director to deduct and 
     withhold from the annuity payable to the employee or Member 
     under this subchapter, and to pay to the former spouse 
     covered by the court order, the same amount that would have 
     been deducted and withheld from the employee's or Member's 
     retired pay and paid to that former spouse under such section 
     1408.''.
       (2) Conforming amendment.--Paragraph (1) of such subsection 
     is amended by striking ``Except as provided in paragraph (2) 
     or (3)'' and inserting ``Except as provided in paragraphs 
     (2), (3), and (5)''.
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) shall take effect on January 1, 1997.
                                 ______


               LAUTENBERG (AND OTHERS) AMENDMENT NO. 4218

  (Ordered to lie on the table.)

[[Page S6891]]

  Mr. LAUTENBERG (for himself, Mr. Simon, Mrs. Feinstein, and Mr. 
Bumpers) submitted an amendment intended to be proposed by them to the 
bill, S. 1745, supra; as follows:

       At the end of title X, add the following;

                   Subtitle G--Civilian Marksmanship

     SEC. 1081. SHORT TITLE.

       This subtitle may be cited as the ``Self Financing Civilian 
     Marksmanship Program Act of 1996''.

     SEC. 1082. PRIVATE SHOOTING COMPETITIONS AND FIREARM SAFETY 
                   PROGRAMS.

       Nothing in this subtitle prohibits any private person from 
     establishing a privately financed program to support shooting 
     competitions or firearms safety programs.

     SEC. 1083. REPEAL OF CHARTER LAW FOR THE CORPORATION FOR THE 
                   PROMOTION OF RIFLE PRACTICE AND SAFETY.

       (a) Repeal of Charter.--The Corporation for the Promotion 
     of Rifle Practice and Firearms Safety Act (title XVI of 
     Public Law 104-106; 110 Stat. 515; 36 U.S.C. 5501 et seq.), 
     except for section 1624 of such Act (110 Stat. 522), is 
     repealed.
       (b) Related Repeals.--Section 1624 of such Act (110 Stat. 
     522) is amended--
       (1) in paragraphs (1) and (2) of subsection (a), by 
     striking out ``and 4311'' and inserting in lieu thereof 
     ``4311, 4312, and 4313'';
       (2) by striking out subsection (b); and
       (3) in subsection (c), by striking out ``on the earlier 
     of--'' and all that follows and inserting in lieu thereof 
     ``on October 1, 1996.''.
                                 ______


                    BURNS AMENDMENTS NOS. 4219-4220

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

                           Amendment No. 4219

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

     SEC. 368. MILITARY TRAFFIC MANAGEMENT COMMAND'S REENGINEERING 
                   PERSONNEL PROPERTY PILOT PROGRAM INITIATIVE.

       (A) The Secretary of Defense will establish a military/
     industry working group to develop, within 60 days of 
     enactment of this bill, an alternative pilot program to 
     reengineer household goods moves.
       (B) This working group shall be chaired by the Department 
     of Defense and shall include equal representation of both 
     military and industry not to exceed a combined total of 12 
     individuals. Industry representation within the working group 
     shall be as follows:
       (i) Small business shall comprise a percentage consistent 
     with their participation within the industry;
       (ii) There shall be at least one representative from each 
     of the following industry groups: the American Movers 
     Conference, the Household Goods Forwarders Association of 
     America, the National Moving and Storage Association, and the 
     Independent Movers Conference.
       (C) The General Accounting Office shall conduct an 
     independent analysis of this pilot program as well as the 
     pilot program currently being proposed by DoD.
       (D) GAO shall report back to the appropriate committees 
     within 90 days of enactment of this bill on the impact of the 
     following factors of both programs:
       (i) quality of service to DoD;
       (ii) cost savings to the government;
       (iii) effect on industry infrastructure;
       (iv) effect on small business; and,
       (v) adoption of commercial contracting practices.
       (E) The Secretary shall not proceed with the implementation 
     of any aspect of any pilot program until the Congressional 
     Committees of jurisdiction review and evaluate the GAO 
     reports.
                                                                    ____


                           Amendment No. 4220

       In section 2601(a)(1)(A), strike out ``$79,628,000'' and 
     insert in lieu thereof ``$92,899,000''.
                                 ______


                   STEVENS AMENDMENTS NOS. 4221-4222

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

                           Amendment No. 4221

       In the table in section 2401(a), strike out ``$18,000,000'' 
     in the amount column in the item relating to Elmendorf Air 
     Force Base, Alaska, and insert in lieu thereof 
     ``$21,000,000''.
       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 ``$530,590,000''.
       In section 2406(a), in the matter preceding paragraph (1), 
     strike out ``$3,421,366,000'' and insert in lieu thereof 
     ``$3,424,366,000''.
       In section 2406(a)(1), strike out ``$364,487,000'' and 
     insert in lieu thereof ``$367,487,000''.
                                                                    ____


                           Amendment No. 4222

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

     SEC. 1072. FACILITY FOR MILITARY DEPENDENT CHILDREN WITH 
                   DISABILITIES, LACKLAND AIR FORCE BASE, TEXAS.

       (a) Funding.--Of the amounts authorized to be appropriated 
     by this Act for the Department of the Air Force, $2,000,000 
     shall be available for the construction at Lackland Air Force 
     Base, Texas, of a facility (and supporting infrastructure) 
     to provide comprehensive care and rehabilitation services 
     to children with disabilities who are dependents of 
     members of the Armed Forces at the base.
       (b) Transfer of Funds.--Subject to subsection (c), the 
     Secretary of the Air Force shall grant the funds available 
     under subsection (a) to the Children's Association for 
     Maximum Potential (CAMP) for use by the association to defray 
     the costs of designing and constructing the facility referred 
     to in subsection (a).
       (c) Lease of Facility.--(1) The Secretary may not make a 
     grant of funds under subsection (b) until the Secretary and 
     the association enter into an agreement under which the 
     Secretary leases to the association the facility to be 
     constructed using the funds.
       (2)(A) The term of the lease under paragraph (1) may not be 
     less than 25 years.
       (B) As consideration for the lease of the facility, the 
     association shall assume responsibility for the operation and 
     maintenance of the facility, including the costs of such 
     operation and maintenance.
       (3) The Secretary may require such additional terms and 
     conditions in connection with the lease as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                 ______


                    LEVIN AMENDMENTS NOS. 4223-4231

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

                           Amendment No. 4223

       At the end of title I add the following:

                     Subtitle E--Reserve Components

     SEC. 141. RESERVE COMPONENT EQUIPMENT.

       (a) Applicability of Modernization Priorities.--The 
     selection of equipment to be procured for a reserve component 
     with funds authorized to be appropriated under section 105 
     shall be made in accordance with the highest priorities 
     established for the modernization of that reserve component.
       (b) Reports.--(1) Not later than December 1, 1996, each 
     officer referred to in paragraph (2) shall submit to the 
     congressional defense committees an assessment of the 
     modernization priorities established for the reserve 
     component or reserve components for which that officer is 
     responsible.
       (2) The officers required to submit a report under 
     paragraph (1) are as follows:
       (A) The Chief of the National Guard Bureau.
       (B) The Chief of Army Reserve.
       (C) The Chief of Air Force Reserve.
       (D) The Director of Naval Reserve.
       (E) The Commanding General, Marine Forces Reserve.
                                                                    ____


                           Amendment No. 4224

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

     SEC. 1072. OPERATIONAL SUPPORT AIRLIFT AIRCRAFT.

       (a) Status of Excess Aircraft.--Operational support airlift 
     aircraft excess to the requirements of the Department of 
     Defense shall be placed in an inactive status and stored at 
     Davis-Monthan Air Force Base, Arizona, pending the completion 
     of any study or analysis of the costs and benefits of 
     disposing of or operating such aircraft that precedes a 
     decision to dispose of or continue to operate such aircraft.
       (b) Operational Support Airlift Aircraft Defined.--In this 
     section, the term ``operational support airlift aircraft'' 
     has the meaning given such term in section 1086(f) of the 
     National Defense Authorization Act for Fiscal Year 1996 
     (Public Law 104-106; 110 Stat. 458).
                                                                    ____


                           Amendment No. 4225

       In section 103(1), strike out ``$7,003,528,000'' and insert 
     in lieu thereof ``$6,958,028,000''.
       At the end of subtitle D of title I, add the following:

     SEC. 132. F-16 AIRCRAFT PROGRAM.

       None of the funds authorized to be appropriated under 
     section 103(1) may be obligated or expended for more than six 
     new production F-16 aircraft.
                                                                    ____


                           Amendment No. 4226

       In section 103(1), strike out ``$7,003,528,000'' and insert 
     in lieu thereof ``$6,896,128,000''.
       At the end of subtitle D of title I, add the following:

     SEC. 132. F-16 AIRCRAFT PROGRAM.

       None of the funds authorized to be appropriated under 
     section 103(1) may be obligated or expended for more than 
     four new production F-16 aircraft.
                                                                    ____


                           Amendment No. 4227

       In section 101(1), strike out ``$1,508,515,000'' and insert 
     in lieu thereof ``$1,388,515,000''.
       At the end of subtitle B of title I, add the following:

     SEC. 113. CONVERSION OF OH-58A/C HELICOPTERS.

       None of the funds authorized to be appropriated under 
     section 101(1) may be obligated or expended for conversion of 
     OH-58A/C helicopters to the OH-58D configuration.
                                                                    ____


                           Amendment No. 4228

       In section 101(1), strike out ``$1,508,515,000'' and insert 
     in lieu thereof ``$1,388,515,000''.

[[Page S6892]]

       In section 103(1), strike out ``$7,003,528,000'' and insert 
     in lieu thereof ``$6,958,028,000''.
       At the end of subtitle B of title I, add the following:

     SEC. 113. CONVERSION OF OH-58A/C HELICOPTERS.

       None of the funds authorized to be appropriated under 
     section 101(1) may be obligated or expended for conversion of 
     OH-58A/C helicopters to the OH-58D configuration.
       At the end of subtitle D of title I, add the following:

     SEC. 132. F-16 AIRCRAFT PROGRAM.

       None of the funds authorized to be appropriated under 
     section 103(1) may be obligated or expended for more than six 
     new production F-16 aircraft.
                                                                    ____


                           Amendment No. 4229

       Strike out section 233.
                                                                    ____


                           Amendment No. 4230

       Beginning with the section heading for section 231, strike 
     out all through section 232.
                                                                    ____


                           Amendment No. 4231

       Beginning with the section heading for section 231, strike 
     out all through section 232, and insert in lieu thereof the 
     following:

     SEC. 231. DEMARCATION OF THEATER MISSILE DEFENSE SYSTEMS FROM 
                   ANTI-BALLISTIC MISSILE SYSTEMS.

       (a) Reaffirmation of Sense of Congress Concerning 
     Compliance Policy.--Congress reaffirms the expression of the 
     sense of Congress concerning compliance policy that is set 
     forth in subsection (b) of section 235 of the National 
     Defense Authorization Act for Fiscal Year 1996 (Public Law 
     104-106; 110 Stat. 232).
       (b) Extension of Prohibition on Funding.--Subsection (c) of 
     section 235 of the National Defense Authorization Act for 
     Fiscal Year 1996 (Public Law 104-106; 110 Stat. 232) is 
     amended by inserting ``or fiscal year 1997'' after ``fiscal 
     year 1996''.
                                 ______


                       KENNEDY AMENDMENT NO. 4232

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

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

     SEC.  . TRANSFERS FOR EDUCATION TECHNOLOGY PROGRAMS.

       (a) Education Programs.--Of the total amount appropriated 
     for the Department of Defense for fiscal year 1997 pursuant 
     to the authorizations of appropriations contained in the Act, 
     the Secretary of Defense shall transfer to the Secretary of 
     Education $325,000,000, to carry out technology programs as 
     follows:
       (1) $5,000,000, to carry out Section 3122 of subpart 1 of 
     part A of title III of the Improving America's Schools Act of 
     1994 (20 U.S.C. 6832), relating to Federal Leadership in 
     National Programs for Technology in Education;
       (2) $250,000,000, to carry out Section 3132 of subpart 2 of 
     part A of title III of the Improving America's Schools Act of 
     1994 (20 U.S.C. 6842), relating to School Technology Resource 
     Grants;
       (3) $60,000,000, to carry out Section 3136 of subpart 2 of 
     part A of title III of the Improving America's Schools Act of 
     1994 (20 U.S.C. 6846), relating to National Challenge Grants 
     for Technology in Education; and
       (4) $10,000,000, to carry out Section 3141 of subpart 3 of 
     part A of title III of the Improving America's Schools Act of 
     1994 (20 U.S.C. 6861), relating to Regional Technical Support 
     and Professional Development.
                                 ______


                 KENNEDY (AND PELL) AMENDMENT NO. 4233

  (Ordered to lie on the table.)
  Mr. KENNEDY (for himself and Mr. Pell) submitted an amendment 
intended to be proposed by them to the bill, S. 1745, supra; as 
follows:

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

     SEC.   . TRANSFERS FOR PELL GRANT MERIT BONUS.

       (a) Education Programs.--Of the total amount appropriated 
     for the Department of Defense for fiscal year 1997 pursuant 
     to the authorizations of appropriations contained in this 
     Act, the Secretary of Defense shall transfer to the Secretary 
     of Education $250,000,000 to fund Pell grant merit bonus 
     awards under subpart 1 of part A of title IV of the Higher 
     Education Act of 1965 (20 U.S.C. 1970a), relating to Federal 
     Pell Grants, as follows:
       (1) Every secondary school student who has graduated in the 
     top 20% of his or her high school class, is enrolled full 
     time in the first year of an associate or baccalaureate 
     degree program that is 2 years or longer at an eligible 
     institution, and is eligible to receive a Pell grant, shall 
     be entitled to a Pell Grant Merit Bonus Award in addition to 
     such student's Pell grant in an amount equal to the grant for 
     which the student is otherwise eligible, up to the cost of 
     attendance at the institution at which the student is in 
     attendance.
                                 ______


                        DODD AMENDMENT NO. 4234

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

       At the appropriate place, insert the following:

                  TITLE XIII--FAMILY AND MEDICAL LEAVE

     SEC. 1301. PARENTAL INVOLVEMENT LEAVE.

       (a) Leave Requirement.--Section 102(a) of the Family and 
     Medical Leave Act of 1993 (29 U.S.C. 2612(a)) is amended by 
     adding at the end the following:
       ``(3) Entitlement to parental involvement leave.--
       ``(A) In general.--Subject to section 103(f), an eligible 
     employee shall be entitled to a total of 4 hours of leave 
     during any 30-day period, and a total of 24 hours of leave 
     during any 12-month period, in addition to leave available 
     under paragraph (1), to participate in or attend an activity 
     that--
       ``(i) is sponsored by a school or community organization; 
     and
       ``(ii) relates to a program of the school or organization 
     that is attended by a son or daughter of the employee.
       ``(B) Definitions.--As used in this paragraph:
       ``(i) Community organization.--The term `community 
     organization' means a private nonprofit organization that is 
     representative of a community or a significant segment of a 
     community and provides activities for individuals described 
     in subparagraph (A) or (B) of section 101(12), such as a 
     scouting or sports organization.
       ``(ii) School.--The term `school' means an elementary 
     school or secondary school (as such terms are defined in 
     section 14101 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 8801)), a Head Start program assisted 
     under the Head Start Act (42 U.S.C. 9831 et seq.), and a 
     child care facility licensed under State law.''.
       (b) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 
     2612(b)(1)) is amended by inserting after the second sentence 
     the following: ``Leave under subsection (a)(3) may be taken 
     intermittently or on a reduced leave schedule.''.
       (c) Substitution of Paid Leave.--Section 102(d)(2)(A) of 
     such Act (29 U.S.C. 2612(d)(2)(A)) is amended by inserting 
     before the period the following: ``, or for leave provided 
     under subsection (a)(3) for any part of the 24-hour period of 
     such leave under such subsection''.
       (d) Notice.--Section 102(e)(1) of such Act (29 U.S.C. 
     2612(e)(1) is amended by adding at the end the following: 
     ``In any case in which an employee requests leave under 
     subsection (a)93), the employee shall provide the employer 
     with not less than 7 days' notice, before the date the leave 
     is to begin, of the employee's intention to take leave under 
     such subsection.''.
       (e) Certification.--Section 103 of such Act (29 U.S.C. 
     2613) is amended by adding at the end the following:
       ``(f) Certification for Parental Involvement Leave.--An 
     employer may require that a request for leave under section 
     102(a)(3) be supported by a certification issued at such time 
     and in such manner as the Secretary may by regulation 
     prescribe.''.

     SEC. 1302. PARENTAL INVOLVEMENT LEAVE FOR CIVIL SERVANTS.

       (a) Leave Requirement.--Section 6382(a) of title 5, United 
     States Code, is amended by adding at the end the following:
       ``(3)(A) Subject to section 6383(f), an employee shall be 
     entitled to a total of 4 hours of leave during any 30-day 
     period, and a total of 24 hours of leave during any 12-month 
     period, in addition to leave available under paragraph (1), 
     to participate in or attend an activity that--
       ``(i) is sponsored by a school or community organization; 
     and
       ``(ii) relates to a program of the school or organization 
     that is attended by a son or daughter of the employee.
       ``(B) As used in this paragraph:
       ``(i) The term `community organization' means a private 
     nonprofit organization that is representative of a community 
     or a significant segment of a community and provides 
     activities for individuals described in subparagraph (A) or 
     (B) of section 6381(6), such as a scouting or sports 
     organization.
       ``(ii) The term `school' means an elementary school or 
     secondary school (as such terms are defined in section 14101 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 8801)), a Head Start program assisted under the Head 
     Start Act (42 U.S.C. 9831 et seq.), and a child care facility 
     licensed under State law.''.
       (b) Schedule.--Section 6382(b)(1) of such title is amended 
     by inserting after the second sentence the following: ``Leave 
     under subsection (a)(3) may be taken intermittently or on a 
     reduced leave schedule.''.
       (c) Substitution of Paid Leave.--Section 6382(d) of such 
     title is amended by inserting before ``, except'' the 
     following: ``, or for leave provided under subsection (a)(3) 
     any of the employee's accrued or accumulated annual leave 
     under subchapter I for any part of the 24-hour period of such 
     leave under such subsection''.
       (d) Notice.--Section 6382(e)(1) of such title is amended by 
     adding at the end the following: ``In any case in which an 
     employee requests leave under subsection (a)(3), the employee 
     shall provide the employing agency with not less than 7 days' 
     notice, before the date the leave is to begin, of the 
     employee's intention to take leave under such subsection.''.
       (e) Certification.--Section 6383 of such title is amended 
     by adding at the end the following:
       ``(f) An employing agency may require that a request for 
     leave under section 6382(a)(3) be

[[Page S6893]]

     supported by a certification issued at such time and in such 
     manner as the Office of Personnel Management may by 
     regulation prescribe.''.
                                 ______


                        COHEN AMENDMENT NO. 4235

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

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

     SEC. 1072. INFORMATION TECHNOLOGY MANAGEMENT AMENDMENT.

       (b)(2) The definition of ``national security system'' shall 
     not be construed to include any system which involves 
     storage, processing, or forwarding of classified information 
     and is protected at all times by procedures established for 
     the handling of classified information except to the extent 
     that such system is covered by paragraphs (1) through (5) of 
     subsection (a).
                                 ______


                         KYL AMENDMENT NO. 4236

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

       On page ____, between lines ____ and ____, insert the 
     following:
                Subtitle ____--National Missile Defense

     SEC. 261. SHORT TITLE.

       This subtitle may be cited as the ``Defend America Act of 
     1996''.

     SEC. 262. FINDINGS.

       Congress makes the following findings:
       (1) Although the United States possesses the technological 
     means to develop and deploy defensive systems that would be 
     highly effective in countering limited ballistic missile 
     threats to its territory, the United States has not deployed 
     such systems and currently has no policy to do so.
       (2) The threat that is posed to the national security of 
     the United States by the proliferation of ballistic missiles 
     is significant and growing, both quantitatively and 
     qualitatively.
       (3) The trend in ballistic missile proliferation is toward 
     longer range and increasingly sophisticated missiles.
       (4) Several countries that are hostile to the United States 
     (including North Korea, Iran, Libya, and Iraq) have 
     demonstrated an interest in acquiring ballistic missiles 
     capable of reaching the United States.
       (5) The Intelligence Community of the United States has 
     confirmed that North Korea is developing an intercontinental 
     ballistic missile that will be capable of reaching Alaska or 
     beyond once deployed.
       (6) There are ways for determined countries to acquire 
     missiles capable of threatening the United States with little 
     warning by means other than indigenous development.
       (7) Because of the dire consequences to the United States 
     of not being prepared to defend itself against a rogue 
     missile attack and the long-lead time associated with 
     preparing an effective defense, it is prudent to commence a 
     national missile defense deployment effort before new 
     ballistic missile threats to the United States are 
     unambiguously confirmed.
       (8) The timely deployment by the United States of an 
     effective national missile defense system will reduce the 
     incentives for countries to develop or otherwise acquire 
     intercontinental ballistic missiles, thereby inhibiting as 
     well as countering the proliferation of missiles and weapons 
     of mass destruction.
       (9) Deployment by the United States of a national missile 
     defense system will reduce concerns about the threat of an 
     accidental or unauthorized ballistic missile attack on the 
     United States.
       (10) The offense-only approach to strategic deterrence 
     presently followed by the United States and Russia is 
     fundamentally adversarial and is not a suitable basis for 
     stability in a world in which the United States and the 
     states of the former Soviet Union are seeking to normalize 
     relations and eliminate Cold War attitudes and arrangements.
       (11) Pursuing a transition to a form of strategic 
     deterrence based increasingly on defensive capabilities and 
     strategies is in the interest of all countries seeking to 
     preserve and enhance strategic stability.
       (12) The deployment of a national missile defense system 
     capable of defending the United States against limited 
     ballistic missile attacks would (A) strengthen deterrence at 
     the levels of forces agreed to by the United States and 
     Russia under the START I Treaty, and (B) further strengthen 
     deterrence if reductions below START I levels are implemented 
     in the future.
       (13) Article XIII of the ABM Treaty envisions ``possible 
     changes in the strategic situation which have a bearing on 
     the provisions of this treaty''.
       (14) Articles XIII and XIV of the treaty establish means 
     for the parties to amend the treaty, and the parties have in 
     the past used those means to amend the treaty.
       (15) Article XV of the treaty establishes the means for a 
     party to withdraw from the treaty, upon six months notice 
     ``if it decides that extraordinary events related to the 
     subject matter of this treaty have jeopardized its supreme 
     interests''.
       (16) Previous discussions between the United States and 
     Russia, based on Russian President Yeltsin's proposal for a 
     Global Protection System, envisioned an agreement to amend 
     the ABM Treaty to allow (among other measures) deployment of 
     as many as four ground-based interceptor sites in addition to 
     the one site permitted under the ABM Treaty and unrestricted 
     exploitation of sensors based within the atmosphere and in 
     space.

     SEC. 263. NATIONAL MISSILE DEFENSE POLICY.

       (a) It is the policy of the United States to deploy by the 
     end of 2003 a National Missile Defense system that--
       (1) is capable of providing a highly-effective defense of 
     the territory of the United States against limited, 
     unauthorized, or accidental ballistic missile attacks; and
       (2) will be augmented over time to provide a layered 
     defense against larger and more sophisticated ballistic 
     missile threats as they emerge.
       (b) It is the policy of the United States to seek a 
     cooperative transition to a regime that does not feature an 
     offense-only form of deterrence as the basis for strategic 
     stability.

     SEC. 264. NATIONAL MISSILE DEFENSE SYSTEM ARCHITECTURE.

       (a) Requirement for Development of System.--To implement 
     the policy established in section 263(a), the Secretary of 
     Defense shall develop for deployment an affordable and 
     operationally effective National Missile Defense (NMD) system 
     which shall achieve an initial operational capability (IOC) 
     by the end of 2003.
       (b) Elements of the NMD System.--The system to be developed 
     for deployment shall include the following elements:
       (1) An interceptor system that optimizes defensive coverage 
     of the continental United States, Alaska, and Hawaii against 
     limited, accidental, or unauthorized ballistic missile 
     attacks and includes one or a combination of the following:
       (A) Ground-based interceptors.
       (B) Sea-based interceptors.
       (C) Space-based kinetic energy interceptors.
       (D) Space-based directed energy systems.
       (2) Fixed ground-based radars.
       (3) Space-based sensors, including the Space and Missile 
     Tracking System.
       (4) Battle management, command, control, and communications 
     (BM/C3).

     SEC. 265. IMPLEMENTATION OF NATIONAL MISSILE DEFENSE SYSTEM.

       The Secretary of Defense shall--
       (1) upon the enactment of this Act, promptly initiate 
     required preparatory and planning actions that are necessary 
     so as to be capable of meeting the initial operational 
     capability (IOC) date specified in section 264(a);
       (2) plan to conduct by the end of 1998 an integrated 
     systems test which uses elements (including BM/C3 
     elements) that are representative of, and traceable to, the 
     national missile defense system architecture specified in 
     section 264(b);
       (3) prescribe and use streamlined acquisition policies and 
     procedures to reduce the cost and increase the efficiency of 
     developing the system specified in section 264(a); and
       (4) develop an affordable national missile defense follow-
     on program that--
       (A) leverages off of the national missile defense system 
     specified in section 264(a), and
       (B) augments that system, as the threat changes, to provide 
     for a layered defense.

     SEC. 266. REPORT ON PLAN FOR NATIONAL MISSILE DEFENSE SYSTEM 
                   DEVELOPMENT AND DEPLOYMENT.

       Not later than March 15, 1997, the Secretary of Defense 
     shall submit to Congress a report on the Secretary's plan for 
     development and deployment of a national missile defense 
     system pursuant to this subtitle. The report shall include 
     the following matters:
       (1) The Secretary's plan for carrying out this subtitle, 
     including--
       (A) a detailed description of the system architecture 
     selected for development under section 264(b); and
       (B) a discussion of the justification for the selection of 
     that particular architecture.
       (2) The Secretary's estimate of the amount of 
     appropriations required for research, development, test, 
     evaluation, and for procurement, for each of fiscal years 
     1997 through 2003 in order to achieve the initial operational 
     capability date specified in section 264(a).
       (3) A cost and operational effectiveness analysis of 
     follow-on options to improve the effectiveness of such 
     system.
       (4) A determination of the point at which any activity that 
     is required to be carried out under this subtitle would 
     conflict with the terms of the ABM Treaty, together with a 
     description of any such activity, the legal basis for the 
     Secretary's determination, and an estimate of the time at 
     which such point would be reached in order to meet the 
     initial operational capability date specified in section 
     264(a).

     SEC. 267. POLICY REGARDING THE ABM TREATY.

       (a) ABM Treaty Negotiations.--In light of the findings in 
     section 262 and the policy established in section 263, 
     Congress urges the President to pursue high-level discussions 
     with the Russian Federation to achieve an agreement to amend 
     the ABM Treaty to allow deployment of the national missile 
     defense system being developed for deployment under section 
     264.
       (b) Requirement for Senate Advice and Consent.--If an 
     agreement described in subsection (a) is achieved in 
     discussions described in that subsection, the President shall 
     present that agreement to the Senate for its advice and 
     consent. No funds appropriated or otherwise available for any 
     fiscal

[[Page S6894]]

     year may be obligated or expended to implement such an 
     amendment to the ABM Treaty unless the amendment is made in 
     the same manner as the manner by which a treaty is made.
       (c) Action Upon Failure To Achieve Negotiated Changes 
     Within One Year.--If an agreement described in subsection (a) 
     is not achieved in discussions described in that subsection 
     within one year after the date of the enactment of this Act, 
     the President and Congress, in consultation with each other, 
     shall consider exercising the option of withdrawing the 
     United States from the ABM Treaty in accordance with the 
     provisions of Article XV of that treaty.

     SEC. 268. ABM TREATY DEFINED.

       For purposes of this subtitle, the term ``ABM Treaty'' 
     means the Treaty Between the United States of America and the 
     Union of Soviet Socialist Republics on the Limitation of 
     Anti-Ballistic Missile Systems, and signed at Moscow on May 
     26, 1972, and includes the Protocols to that Treaty, signed 
     at Moscow on July 3, 1974.
                                 ______


             SHELBY (AND HEFLIN) AMENDMENTS NOS. 4237-4240

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

                           Amendment No. 4237

       In section 330, in the matter preceding paragraph (1), 
     insert ``, the Letterkenny Army Depot,'' after ``Sacramento 
     Air Logistics Center''.
                                                                    ____


                           Amendment No. 4238

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

     SEC. 125. PROCUREMENT OF MAIN FEED PUMP TURBINES FOR THE 
                   CONSTELLATION (CV-64).

       (a) Increased Authorization.--The amount authorized to be 
     appropriated by section 102(4) is hereby increased by 
     $4,200,000.
       (b) Authority To Procure.--Of the amount authorized to be 
     appropriated by section 102(4), as increased by subsection 
     (a), $4,200,000 shall be available for the procurement of 
     main feed pump turbines for the Constellation (CV-64).
                                                                    ____


                           Amendment No. 4239

       At the end of subtitle C of title II, add the following:

     SEC. 237. DESIGNATION OF THE ARMY AS LEAD SERVICE IN THE 
                   NATIONAL MISSILE DEFENSE JOINT PROGRAM OFFICE 
                   FOR INITIAL DEPLOYMENT PHASE OF NATIONAL 
                   MISSILE DEFENSE PROGRAM.

       The Director of the Ballistic Missile Defense Organization 
     shall designate the Army as the lead service in the National 
     Missile Defense Joint Program Office for the initial 
     deployment phase of the national missile defense program.
                                                                    ____


                           Amendment No. 4240

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

     SEC. 223. DEPRESSED ALTITUDE GUIDED GUN ROUND.

       Of the amount authorized to be appropriated under section 
     201(1), $5,400,000 is available for continued development and 
     target intercept testing of the depressed altitude guided gun 
     round.
                                 ______


                   THURMOND AMENDMENTS NOS. 4241-4243

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

                           Amendment No. 4241

       At the end of subtitle C of title XXXI, add the following:

     SEC. 3138. DISPOSAL OF CERTAIN ASSETS OF THE DEPARTMENT OF 
                   ENERGY.

       (a) Program.--(1) In order to maximize the use of 
     Department of Energy assets and to reduce costs related to 
     asset management at the facilities and laboratories of the 
     Department, the Secretary of Energy shall carry out a program 
     to dispose of assets of the Department that the Secretary 
     determines to be unnecessary for the discharge of the 
     functions of the Department. The Secretary shall carry out 
     the program so as to result in net receipts to the United 
     States by September 30, 2002, of not less than $110,000,000.
       (2) Not later than October 1 of each of 1997 through 2001, 
     the Secretary shall submit to Congress an inventory of the 
     assets of the Department that the Secretary proposes to 
     dispose of under the program.
       (3)(A) Notwithstanding any other law and subject to 
     subparagraphs (B) and (C), the Secretary shall deposit the 
     proceeds of the disposition of assets under the program in 
     the General Fund of the Treasury. If the President so 
     designates, amounts deposited in the General Fund under this 
     subparagraph shall be included in the budget baseline 
     required by the Balanced Budget and Emergency Deficit Control 
     Act of 1985 and shall be counted for purposes of section 252 
     of that Act (2 U.S.C. 902).
       (B) The Secretary shall exclude from deposit under 
     subparagraph (A) an amount of the proceeds of a disposal 
     under the program equal to the amount, if any, of 
     appropriated funds expended in carrying out the disposal. 
     Amounts excluded under this subparagraph shall be credited to 
     the account from which the appropriated funds concerned were 
     derived and merged with and available to the same and extent 
     and for the same purposes as such appropriated funds.
       (C) After making any deposit required under subparagraph 
     (B) using the proceeds of disposal under the program, the 
     Secretary may, instead of making the deposit of the remaining 
     portion of such proceeds otherwise required under 
     subparagraph (A), utilize all or a portion of such remaining 
     portion for the decontamination or other clean-up of 
     facilities, equipment, and materiel of the Department.
       (b) Pilot Program.--(1) The Secretary shall carry out a 
     pilot program in each fiscal year through fiscal year 2002 
     under which the Secretary disposes of assets of the 
     Department that the Secretary determines to be unnecessary 
     for the discharge of the functions of the Department so as to 
     result in proceeds to the Department sufficient to cover the 
     costs of carrying out the program under subsection (a).
       (2) Not later than 90 days after the beginning of a fiscal 
     year in which the Secretary carries out a pilot program under 
     paragraph (1), the Secretary shall submit to Congress a list 
     and description of the assets of the Department that the 
     Secretary proposes to dispose of under the pilot program.
       (c) Definitions.--(1) For the purposes of this section, the 
     term ``assets of the Department'' means assets under the 
     control of the Department to Energy, including chemicals and 
     industrial gases, radiation sources, industrial, scientific, 
     and commercial equipment tools and machinery, fuels, and 
     precious and base metals.
       (2) The term does not include real property, uranium, 
     assets of any Federal Power Administration, oil in the 
     Strategic Petroleum Reserve, and products from the Naval 
     Petroleum Reserves and the Naval Shale Reserves.
       (d) Repeal of Requirement for Transfer and Disposal of 
     Excess Strategic and Critical Materials of DOE.--Section 4 of 
     the Strategic and Critical Materials Stock Piling Act (50 
     U.S.C. 98c) is amended by striking out subsections (a)(10) 
     and (c).
                                                                    ____


                           Amendment No. 4242

       In section 216, strike out the section heading and insert 
     in lieu thereof the following:

     SEC. 216. TIER III MINUS UNMANNED AERIAL VEHICLE.

                                 ______


               PRESSLER (AND DASCHLE) AMENDMENT NO. 4243

  (Ordered to lie on the table.)
  Mr. PRESSLER (for himself and Mr. Daschle) submitted an amendment 
intended to be proposed by them to the bill, S. 1745, supra; as 
follows:

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

     SEC. 1072. SENSE OF CONGRESS ON NAMING ONE OF THE NEW ATTACK 
                   SUBMARINES THE ``SOUTH DAKOTA''.

       It is the sense of the Congress that the Secretary of the 
     Navy should name one of the new attack submarines of the Navy 
     the ``South Dakota''.
                                 ______


                 THURMOND (AND NUNN) AMENDMENT NO. 4244

  (Ordered to lie on the table.)
  Mr. THURMOND (for himself and Mr. Nunn) submitted an amendment 
intended to be proposed by them to the bill, S. 1745, supra; as 
follows:

       After section 3, add the following:

     SEC. 4. GENERAL LIMITATION.

       Notwithstanding any other provision of this Act, the total 
     amount authorized to be appropriated for fiscal year 1997 for 
     the national defense function under the provisions of this 
     Act is $265,583,000,000.
                                 ______


                      THURMOND AMENDMENT NO. 4245

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

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

     SEC. 124. ADDITIONAL EXCEPTION FROM COST LIMITATION FOR 
                   SEAWOLF SUBMARINE PROGRAM.

       Section 133 of the National Defense Authorization Act for 
     Fiscal Year 1996 (Public Law 104-106; 110 Stat. 211) is 
     amended--
       (1) in subsection (a), by striking out ``subsection (b)'' 
     and inserting in lieu thereof ``subsections (b) and (c)''; 
     and
       (2) by striking out subsection (c) and inserting in lieu 
     thereof the following:
       ``(c) Costs Not Included.--The previous obligations of 
     $745,700,000 for the SSN-23, SSN-24, and SSN-25 submarines, 
     out of funds appropriated for fiscal years 1990, 1991, and 
     1992, that were subsequently canceled (as a result of a 
     cancellation of such submarines) shall not be taken into 
     account in the application of the limitation in subsection 
     (a).''.
                                 ______


                       WARNER AMENDMENT NO. 4246

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


[[Page S6895]]


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

     SEC. 113. PERMANENT AUTHORITY TO CARRY OUT ARMS INITIATIVE.

       Section 193(a) of the Armament Retooling and Manufacturing 
     Support Initiative Act of 1992 (subtitle H of title I of 
     Public Law 102-484; 10 U.S.C. 2501 note) is amended by 
     striking out ``During fiscal years 1993 through 1996, the 
     Secretary'' and inserting in lieu thereof ``The Secretary''.
                                 ______


                        BROWN AMENDMENT NO. 4247

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

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

     SEC. 113. STUDY REGARDING NEUTRALIZATION OF THE CHEMICAL 
                   WEAPONS STOCKPILE.

       (a) Study.--(1) The Secretary of Defense shall conduct a 
     study to determine the cost of incineration of the current 
     chemical munitions stockpile by building incinerators at each 
     existing facility compared to the proposed cost of 
     dismantling those same munitions, neutralizing them at each 
     storage site and transporting the neutralized remains and all 
     munitions parts to a centrally located incinerator within the 
     United States for incineration.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     appropriate committees of the Congress a report on the study 
     carried out under subsection (a).
                                 ______


                      THURMOND AMENDMENT NO. 4248

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

       Strike out section 2812, relating to the disposition of 
     proceeds of certain commissary stores and nonappropriated 
     fund instrumentalities.
                                 ______


                 KYL (AND BINGAMAN) AMENDMENT NO. 4249

  (Ordered to lie on the table.)
  Mr. KYL (for himself and Mr. Bingaman) submitted an amendment 
intended to be proposed by them to the bill, S. 1745, supra; as 
follows:

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

     SEC. 1043. PROHIBITION OF COLLECTION AND RELEASE OF DETAILED 
                   SATELLITE IMAGERY RELATING TO ISRAEL AND OTHER 
                   COUNTRIES AND AREAS.

       (a) Collection and Dissemination.--No department or agency 
     of the Federal Government may license the collection or 
     dissemination by any non-Federal entity of satellite imagery 
     with respect to Israel, or to any other country or geographic 
     area designated by the President for this purpose, unless 
     such imagery is no more detailed or precise than satellite 
     imagery of the country or geographic area concerned that is 
     routinely available from commercial sources.
       (b) Declassification and Release.--No department or agency 
     of the Federal Government may declassify or otherwise release 
     satellite imagery with respect to Israel, or to any other 
     country or geographic area designated by the President for 
     this purpose, unless such imagery is no more detailed or 
     precise than satellite imagery of the country or geographic 
     area concerned that is routinely available from commercial 
     sources.
                                 ______


                      THURMOND AMENDMENT NO. 4250

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

       In section 201(2), strike out ``$9,041,534,000'' and insert 
     in lieu thereof ``8,893,234,000''.
       In section 301(1) strike out ``18,147,623,000'' and insert 
     in lieu therefore ``$18,295,923,000''.
                                 ______


                  COHEN (AND LOTT) AMENDMENT NO. 4251

  (Ordered to lie on the table.)
  Mr. COHEN (for himself and Mr. Lott) submitted an amendment intended 
to be proposed by them to the bill, S. 1745, supra; as follows:

       Strike out section 124 and insert in lieu thereof the 
     following:

     SEC. 124. ARLEIGH BURKE CLASS DESTROYER PROGRAM.

       (a) Funding.--(1) Subject to paragraph (3), funds 
     authorized to be appropriated by section 102(a)(3) may be 
     made available for contracts entered into in fiscal year 1996 
     under subsection (b)(1) of section 135 of the National 
     Defense Authorization Act for Fiscal Year 1996 (Public Law 
     104-106; 110 Stat. 211) for construction for the third of the 
     three Arleigh Burke class destroyers covered by that 
     subsection. Such funds are in addition to amounts made 
     available for such contracts by the second sentence of 
     subsection (a) of that section.
       (2) Subject to paragraph (3), funds authorized to be 
     appropriated by section 102(a)(3) may be made available for 
     contracts entered into in fiscal year 1997 under subsection 
     (b)(2) of such section 135 for construction (including 
     advance procurement) for the Arleigh Burke class destroyers 
     covered by such subsection (b)(2).
       (3) The aggregate amount of funds available under 
     paragraphs (1) and (2) for contracts referred to in such 
     paragraphs may not exceed $3,483,030,000.
       (4) Within the amount authorized to be appropriated by 
     section 102(a)(3), $750,000,000 is authorized to be 
     appropriated for advance procurement for construction for the 
     Arleigh Burke class destroyers authorized by subsection (b).
       (b) Authority for Multiyear Procurement of Twelve 
     Vessels.--The Secretary of the Navy is authorized, pursuant 
     to section 2306b of title 10, United States Code, to enter 
     into multiyear contracts for the procurement of a total of 12 
     Arleigh Burke class destroyers at a procurement rate of three 
     ships in each of fiscal years, 1998, 1999, 2000, and 2001 in 
     accordance with this subsection and subsections (a)(4) and 
     (c), subject to the availability of appropriations for such 
     destroyers. A contract for construction of one or more 
     vessels that is entered into in accordance with this 
     subsection shall include a clause that limits the liability 
     of the Government to the contractor for any termination of 
     the contract.
                                 ______


                       CHAFEE AMENDMENT NO. 4252

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

       At the end of section 348, add the following:
       (c) Report on Compliance with Annex V to the Convention.--
     The Secretary of Defense shall include in each report on 
     environmental compliance activities submitted to Congress 
     under section 2706(c) of title 10, United States Code, the 
     following information:
       (1) A list of the ships types, if any, for which the 
     Secretary of the Navy has made the determination referred to 
     in paragraph (2)(C) of section 3(c) of the Act to Prevent 
     Pollution from Ships, as amended by subsection (a)(2) of this 
     section.
       (2) A list of ship types which the Secretary of the Navy 
     has determined can comply with Regulation 5 of Annex V to the 
     Convention.
       (3) A summary of the progress made by the Navy in 
     implementing the requirements of paragraphs (2) and (3) such 
     section 3(c), as so amended.
       (4) A description of any emerging technologies offering the 
     potential to achieve full compliance with Regulation 5 of 
     Annex V to the Convention.
       (d) Publicaton Regarding Special Area Discharges.--Section 
     3(e)(4) of the Act to Prevent Pollution from Ships (33 U.S.C. 
     1902(e)(4)) is amended by striking out subparagraph (A) and 
     inserting in lieu thereof the following:
       ``(A) The amount and nature of the discharges in special 
     areas, not otherwise authorized under this title, during the 
     preceding year from ships referred to in subsection (b)(1)(A) 
     of this section owned or operated by the Department of the 
     Navy.''.
                                 ______


                      THURMOND AMENDMENT NO. 4253

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

       In section 201(2), strike out ``$9,041,534,000'' and insert 
     in lieu thereof ``$8,893,234,000''.
       In section 301(1) strike out ``18,147,623,000'' and insert 
     in lieu thereof ``$18,295,923,000''.
                                 ______


                 THURMOND (AND NUNN) AMENDMENT NO. 4254

  (Ordered to lie on the table.)
  Mr. THURMOND (for himself and Mr. Nunn) submitted an amendment 
intended to be proposed an amendment to the bill, S. 1745, supra; as 
follows:

  Mr. THURMOND (for himself and Mr. Nunn) submitted an amendment 
intended to be proposed an amendment to the bill, S. 1745, supra; as 
follows:

       On page 219, line 11, insert ``, for the Secretary's 
     consideration,'' after ``of Defense''.
       On page 223, strike out lines 1 and 2 and insert in lieu 
     thereof the following:
       ``(a) Establishment.--The National Imagery and Mapping 
     Agency is a combat support agency of the Department of 
     Defense and has significant national missions.
       On page 223, strike out line 17 and all that follows 
     through page 224, line 2 and insert in lieu thereof the 
     following:
       ``(3) If an officer of the armed forces is appointed to the 
     position of Director under this subsection, the position is a 
     position of importance and responsibility for purposes of 
     section 601 of this title and carries the grade of lieutenant 
     general, or, in the case of an officer of the Navy, vice 
     admiral.
                                 ______


                   THURMOND AMENDMENTS NOS. 4255-4256

  (Ordered to lie on the table.)
  Mr. THURMOND submitted two amendments intended to be proposed by him 
to the bills, S. 1745, supra; as follows:

                           Amendment No. 4255

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

[[Page S6896]]

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

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


                           Amendment No. 4256

       In section 3136(a), in the matter preceding paragraph (1), 
     strike out ``section 3102'' and insert in lieu thereof 
     ``section 3102(b)''.
       In section 3136(a)(1), strike out ``$43,000,000'' and 
     insert in lieu thereof ``$65,700,000''.
       In section 3136(a)(2), strike out ``$15,000,000'' and 
     insert in lieu thereof ``$80,000,000''.
       In section 3136(a)(2), strike out ``stainless steel'' and 
     insert in lieu thereof ``non-aluminum clad''.
                                 ______


                     LOTT AMENDMENTS NOS. 4257-4258

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

                           Amendment No. 4257

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

     SEC. 1054. REPORT ON FACILITIES USED FOR TESTING LAUNCH 
                   VEHICLE ENGINES.

       (a) Report Required.--Not later than 30 days after the date 
     of the enactment of this Act, the Secretary of Defense, in 
     consultation with the Administrator of the National 
     Aeronautics and Space Administration, shall submit to 
     Congress a report on the facilities used for testing launch 
     vehicle engines.
       (b) Content of Report.--The report shall contain an 
     analysis of the duplication between Air Force and National 
     Aeronautics and Space Administration hydrogen rocket test 
     facilities and the potential benefits of further coordinating 
     activities at such facilities.
                                                                    ____


                           Amendment No. 4258

       At the end of subtitle A of title V add the following:

     SEC. 506. GRADE OF CHIEF OF NAVAL RESEARCH.

       Section 5022(a) of title 10, United States Code, is 
     amended--
       (1) by inserting ``(1)'' after ``(a)''; and
       (2) by adding at the end the following:
       ``(2) Unless appointed to higher grade under another 
     provision of law, an officer, while serving in the Office of 
     Naval Research as Chief of Naval Research, has the rank of 
     rear admiral (upper half).''.
                                 ______


                      THURMOND AMENDMENT NO. 4259

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

       Beginning on page 127, strike out line 20 and all that 
     follows through page 129, line 10, and insert in lieu thereof 
     the following:
       ``(2)(A) Not more than 25 officers of any one armed force 
     may be serving on active duty concurrently pursuant to orders 
     to active duty issued under this section.
       ``(B) In the administration of subparagraph (A), the 
     following officers shall not be counted:
       ``(i) A chaplain who is assigned to duty as a chaplain for 
     the period of active duty to which ordered.
       ``(ii) A health care professional (as characterized by the 
     Secretary concerned) who is assigned to duty as a health care 
     professional for the period of the active duty to which 
     ordered.
       ``(iii) Any officer assigned to duty with the American 
     Battle Monuments Commission for the period of active duty to 
     which ordered.''.
       (b) Officers Retired on Selective Early Retirement Basis.--
     Such section is amended by adding at the end the following:
       ``(e) The following officers may not be ordered to active 
     duty under this section:
       ``(1) An officer who retired under section 638 of this 
     title.
       ``(2) An officer who--
       ``(A) after having been notified that the officer was to be 
     considered for early retirement under section 638 of this 
     title by a board convened under section 611(b) of this title 
     and before being considered by that board, requested 
     retirement under section 3911, 6323, or 8911 of this title; 
     and
       ``(B) was retired pursuant to that request.''.
       (c) Limitation of Period of Recall Service.--Such section, 
     as amended by subsection (b), is further amended by adding at 
     the end the following:
       ``(f) A member ordered to active duty under subsection (a) 
     may not serve on active duty pursuant to orders under such 
     subsection for more than 12 months within the 24 months 
     following the first day of the active duty to which ordered 
     under this section.''.
                                 ______


                        ROBB AMENDMENT NO. 4260

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

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

     SEC. 1054. INFORMATION ON PROPOSED FUNDING FOR THE GUARD AND 
                   RESERVE COMPONENTS IN FUTURE-YEARS DEFENSE 
                   PROGRAMS.

       (a) Requirement.--The Secretary of Defense shall specify in 
     each future-years defense program submitted to Congress after 
     the date of the enactment of this Act the estimated 
     expenditures and proposed appropriations for the procurement 
     of equipment and for military construction for each of the 
     Guard and Reserve components.
       (b) Definition.--For purposes of this section, the term 
     ``Guard and Reserve components'' means the following:
       (1) The Army Reserve.
       (2) The Army National Guard of the United States.
       (3) The Naval Reserve.
       (4) The Marine Corps Reserve.
       (5) The Air Force Reserve.
       (6) The Air National Guard of the United States.
                                 ______


                 McCAIN (AND OTHERS) AMENDMENT NO. 4261

  (Ordered to lie on the table.)
  Mr. McCain (for himself, Mr. Hatch, Mr. Bennett, and Mr. Nunn) 
submitted an amendment intended to be proposed by them to the bill, S. 
1745, supra; as follows:

       Strike out section 366 and insert in lieu thereof the 
     following new section:

     SEC. 366. DEPARTMENT OF DEFENSE SUPPORT FOR SPORTING EVENTS

       (a) Security and Safety Assistance.--At the request of a 
     Federal, State, or local government agency responsible for 
     providing law enforcement services, security services, or 
     safety services, the Secretary of Defense may authorize the 
     commander of a military installation or other facility of the 
     Department of Defense or the commander of a specified or 
     unified combatant command to provide assistance for the World 
     Cup Soccer Games, the Goodwill Games, the Olympics, and any 
     other civilian sporting event in support of essential 
     security and safety at such event, but only if the Attorney 
     General certifies that such assistance is necessary to meet 
     essential security and safety needs.
       (b) Other Assistance.--the Secretary may authorize a 
     commander referred to in subsection (a) to provide assistance 
     for a sporting event referred to in that subsection in 
     support of other needs relating to such event, but only--
       (1) to the extent that such needs cannot reasonably be met 
     by a source other than the Department;
       (2) to the extent that the provision of such assistance 
     does not adversely affect the military preparedness of the 
     Armed Forces; and
       (3) if the organization requesting such assistance agrees 
     to reimburse the Department for amounts expended by the 
     Department in providing the assistance in accordance with the 
     provisions of section 377 of title 10, United States Code, 
     and other applicable provisions of law.
       (c) Inapplicability to Certain Events.--Subsections (a) and 
     (b) do not apply to the following sporting events:
       (1) Sporting events for which funds have been appropriated 
     before the date of the enactment of this Act.
       (2) The Special Olympics.
       (3) The Paralympics.
       (d) Terms and Conditions.--The Secretary may require such 
     terms and conditions in connection with the provision of 
     assistance under this section as the Secretary considers 
     necessary and appropriate to protect the interests of the 
     United States.
       (e) Report on Assistance.--Not later than January 30 of 
     each year following a year in which the Secretary provides 
     assistance under this section, the Secretary shall submit to 
     the congressional defense committees a report on the 
     assistance provided. The report shall set forth--
       (1) a description of the assistance provided;
       (2) the amount expended by the Department in providing the 
     assistance;
       (3) if the assistance was provided under subsection (a), 
     the certification of the Attorney General with respect to the 
     assistance under that subsection; and
       (4) if the assistance was provided under subsection (b)--
       (A) an explanation why the assistance could not reasonably 
     be met by a source other than the Department; and
       (B) the amount the Department was reimbursed under that 
     subsection.
       (f) Relationship to Other Laws.--Assistance provided under 
     this section shall be subject to the provisions of sections 
     375 and 376 of title 10, United States Code.
                                 ______


                      domenici amendment no. 4262

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

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

[[Page S6897]]

     SEC. 237. SCORPIUS SPACE LAUNCH TECHNOLOGY PROGRAM.

       Of the amount authorized to be appropriated under section 
     201(4) for the Ballistic Missile Defense Organization for 
     Support Technologies/Follow-On Technologies (PE 63173C), up 
     to $7,500,000 is available for the Scorpius space launch 
     technology program.
                                 ______


                 GLENN (AND ABRAHAM) AMENDMENT NO. 4263

  (Ordered to lie on the table.)
  Mr. GLENN (for himself and Mr. Abraham) submitted an amendment 
intended to be proposed by them to the bill, S. 1745, supra; as 
follows:

       In section 1022(a), strike out ``. Such transfers'' and 
     insert in lieu thereof ``, if the Secretary determines that 
     the tugboats are not needed for transfer, donation, or other 
     disposal under title II of the Federal Property and 
     Administrative Services Act of 1949 (40 U.S.C. 481 et seq.). 
     A transfer made under the preceding sentence''.
                                 ______


                  WELLSTONE AMENDMENTS NOS. 4264-4265

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

                           Amendment No. 4264

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

     SEC.   . TRANSFERS FOR EDUCATION AND EMPLOYMENT ASSISTANCE 
                   PROGRAMS.

       (a) Education Programs.--Of the total amount authorized to 
     be appropriated for the Department of Defense for fiscal year 
     1997 pursuant to the authorizations of appropriations 
     contained in this Act, the Secretary of Defense authorized to 
     transfer to the Secretary of Education--
       (1) $577,000,000, to carry out subpart 1 of part A of title 
     IV of the Higher Education Act of 1965 (20 U.S.C. 1070a), 
     relating to Federal Pell Grants;
       (2) $158,000,000, to carry out part E of title IV of the 
     Higher Education Act of 1965 (20 U.S.C. 1087aa et seq.), 
     relating to Federal Perkins Loans; and
       (3) $71,000,000, to carry out part D of title IV of the 
     Higher Education Act of 1965 (20 U.S.C. 1087a et seq.), 
     relating to Federal Direct Student Loans.
       (b) Employment Assistance Programs.--Of the total amount 
     appropriated for the Department of Defense for fiscal year 
     1997 pursuant to the authorizations of appropriations 
     contained in this Act, the Secretary of Defense shall 
     transfer to the Secretary of Labor--
       (1) $193,000,000, to provide employment and training 
     assistance to dislocated workers under title III of the Job 
     Training Partnership Act (29 U.S.C. 1651 et seq.);
       (2) $246,000,000, to carry out summer youth employment and 
     training programs under part B of title II of the Job 
     Training Partnership Act (29 U.S.C. 1630 et seq.);
       (3) $25,000,000, to carry out School-to-Work Opportunities 
     programs under the School-to-Work Opportunities Act of 1994 
     (20 U.S.C. 2101 et seq.); and
       (4) $40,000,000, to carry out activities, including 
     activities provided through one-stop centers, under the 
     Wagner-Peyser Act (29 U.S.C. 49 et seq.).
                                                                    ____


                           Amendment No. 4265

       At the end of title VII add the following:

     SEC. 708. PREVENTIVE HEALTH CARE SCREENING FOR COLON AND 
                   PROSTATE CANCER.

       (a) Members and Former Members.--(1) Section 1074d of title 
     10, United States Code, is amended--
       (A) in subsection (a)--
       (i) by inserting ``(1)'' before ``Female''; and
       (ii) by adding at the end the following new paragraph:
       ``(2) Male members and former members of the uniformed 
     services entitled to medical care under section 1074 or 1974a 
     of this title shall also be entitled to preventive health 
     care screening for colon or prostate cancer at such intervals 
     and using such screening methods as the administering 
     Secretaries consider appropriate.''; and
       (B) in subsection (b), by adding at the end the following 
     new paragraph:
       ``(8) Colon cancer screening, at the intervals and using 
     the screening methods prescribed under subsection (a)(2).''.
       (2)(A) The heading of such section is amended to read as 
     follows:

     ``Sec. 1074d. Primary and preventive health care services

       (B) The item relating to such section in the table of 
     sections at the beginning of chapter 55 of such title is 
     amended to read as follows:

``1074d. Primary and preventive health care services.''.

       (b) Dependents.--(1) Section 1077(a) of such title is 
     amended by adding at the end the following new paragraph:
       ``(14) Preventive health care screening for colon or 
     prostate cancer, at the intervals and using the screening 
     methods prescribed under section 1074d(a)(2) of this 
     title.''.
       (2) Section 1079(a)(2) of such title is amended--
       (A) in the matter preceding subparagraph (A), by inserting 
     ``the schedule and method of colon and prostate cancer 
     screenings,'' after ``pap smears and mammograms,''; and
       (B) in subparagraph (B), by inserting ``or colon and 
     prostate cancer screenings'' after ``pap smears and 
     mammograms''.
                                 ______


               WELLSTONE (AND HARKIN) AMENDMENT NO. 4266

  (Ordered to lie on the table.)
  Mr. WELLSTONE (for himself and Mr. Harkin) submitted an amendment 
intended to be proposed by them to the bill, S. 1745, supra; as 
follows:

       After section 3, insert the following:

     SEC. 4. GENERAL LIMITATION.

       (a) Limitation.--Notwithstanding any other provision of 
     this Act, the total amount authorized to be appropriated by 
     this Act may not exceed the amount requested by the President 
     for fiscal year 1997 for the national security activities of 
     the Department of Defense and the Department of Energy in the 
     budget submitted to Congress by the President for that fiscal 
     year under section 1105 of title 31, United States Code.
       (b) Allocation of Reductions.--The Secretary of Defense 
     shall allocate reductions in authorizations of appropriations 
     that are necessary as a result of the application of the 
     limitation set forth in subsection (a) so as not to 
     jeopardize the military readiness of the Armed Forces or the 
     quality of life of Armed Forces personnel.
       (c) Excess Authorizations To Be Used for Deficit 
     Reduction.--The reduction under subsection (a) of the total 
     amount that, except for that subsection, would otherwise be 
     authorized to be appropriated for fiscal year 1997 by this 
     Act shall be applied to reduce the budget deficit for fiscal 
     year 1997.
                                 ______


               FEINSTEIN (AND OTHERS) AMENDMENT NO. 4267

  (Ordered to lie on the table.)
  Mrs. FEINSTEIN (for herself, Mr. Kyl, and Mr. Grassley) submitted an 
amendment intended to be proposed by him to the bill, S. 1745, supra; 
as follows:

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

     SEC. 1072. SALE OF CHEMICALS USED TO MANUFACTURE CONTROLLED 
                   SUBSTANCES BY FEDERAL DEPARTMENTS OR AGENCIES.

       A Federal department or agency may not sell from the stocks 
     of the department or agency any chemical which, as determined 
     by the Administrator of the Drug Enforcement Agency, could be 
     used in the manufacture of a controlled substance as defined 
     in section 102 of the Controlled Substances Act (21 U.S.C. 
     802) unless the Administrator certifies in writing to the 
     head of the department or agency that there is no reasonable 
     cause to believe that the sale of the chemical would result 
     in the illegal manufacture of a controlled substance.
                                 ______


                      FEINSTEIN AMENDMENT NO. 4268

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

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

     SEC. REVISION OF CERTAIN AUTHORITIES RELATING TO THE 
                   CORPORATION FOR THE PROMOTION OF RIFLE PRACTICE 
                   AND FIREARMS SAFETY.

       (a) Use of Proceeds of Sales for Breast Cancer Research.--
     (1) Section 1614 of the Corporation for the Promotion of 
     Rifle Practice and Firearms Safety Act (title XVI of Public 
     Law 104-106; 110 Stat. 517; 36 U.S.C. 5504) is amended--
       (A) by redesignating subsections (d) and (e) as subsections 
     (e) and (f), respectively; and
       (B) by inserting after subsection (c) the following new 
     subsection (d):
       ``(d) Use of Proceeds of Sales.--Proceeds from the sale of 
     rifles, ammunition, targets, repair parts and accoutrements, 
     and other supplies and appliances under this subsection shall 
     be deposited in the Defense Health Program account and 
     available for breast cancer research. Amounts so deposited 
     shall be available for that purpose without fiscal year 
     limitation.''.
       (2) Section 1618(a)(3) of that Act (110 Stat. 520; 36 
     U.S.C. 5508(a)(3)) is amended by striking out ``, including 
     the proceeds'' and all that follows through ``supplies and 
     appliances,''.
       (b) Transfer of Funds for Breast Cancer Research.--
     Notwithstanding section 1621(a) of the Corporation for the 
     Promotion of Rifle Practice and Firearms Safety Act (title 
     XVI of Public Law 104-106; 110 Stat. 521; 36 U.S.C. 5521(a)), 
     funds to be transferred to the Corporation for the Promotion 
     of Rifle Practice and Firearms Safety in accordance with that 
     section shall be transferred instead to the Defense Health 
     Program and available only for breast cancer research. Funds 
     so transferred shall be available for that purpose without 
     fiscal year limitation.
       (c) Determination of Fair Market Value of Items Sold.--
     Section 1614(b) of the Corporation for the Promotion of Rifle 
     Practice and Firearms Safety Act (title XVI of Public Law 
     104-106; 110 Stat. 517; 36 U.S.C. 5504(b)) is amended by 
     adding at the end the following:
       ``(3) In determining the fair market value of rifles, 
     ammunition, targets, repair parts

[[Page S6898]]

     and accoutrements, and other supplies and appliances sold 
     under this subsection, the Corporation shall use the average 
     price for such items at a variety of retail gun stores 
     nationwide.''.
                                 ______


                        SMITH AMENDMENT NO. 4269

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

       At the appropriate place, insert:

     SEC.   . SENSE OF THE SENATE CONCERNING USS LCS 102.

       It is the sense of the Senate that the Secretary of Navy 
     should use existing authorities in law to seek the 
     expeditious return of the former USS LCS 102 from the 
     Government of Thailand in order for the ship to be 
     transferred to the United States Shipbuilding Museum in 
     Quincy, Massachusetts.
                                 ______


                       WARNER AMENDMENT NO. 4270

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

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

     SEC. 223. CYCLONE CLASS CRAFT SELF-DEFENSE.

       (a) Study Required.--Not later than March 31, 1997, the 
     Secretary of Defense shall--
       (1) carry out a study of vessel self-defense options for 
     the Cyclone class patrol craft; and
       (2) submit to the Committee on Armed Services of the Senate 
     and the Committee on National Security of the House of 
     Representatives a report on the results of the study.
       (b) SOCOM Involvement.--The Secretary shall carry out the 
     study through the Commander of the Special Operations 
     Command.
       (c) Specific System To Be Evaluated.--The study under 
     subsection (a) shall include an evaluation of the BARAK ship 
     self-defense missile system.
       (d) Funding.--Of the amount authorized to be appropriated 
     by section 104, $2,000,000 is available for carrying out this 
     section.
                                 ______


                HATFIELD (AND WYDEN) AMENDMENT NO. 4271

  (Ordered to lie on the table.)
  Mr. HATFIELD (for himself and Mr. Wyden) submitted an amendment 
intended to be proposed by them to the bill, S. 1745, supra; as 
follows:

       Insert at the appropriate place the following:

     SEC. . OPPORTUNITY FOR REVIEW AND COMMENT BY STATE OF OREGON 
                   ON CERTAIN REMEDIAL ACTIONS AT HANFORD 
                   RESERVATION.

       (a) Except as provided in subsection (b), the Site Manager 
     of the Hanford Reservation (``Site Manager'') shall provide 
     to the State of Oregon all written information required to be 
     provided to the State of Washington on any matter covered by 
     the Hanford Tri-Party Agreement.
       (1) Any such information provided to the State of 
     Washington shall be provided to the State of Oregon when it 
     is provided to the State of Washington or as soon as 
     practical thereafter.
       (2) Except as provided in subsection (b), whenever an 
     opportunity for review and comment is provided to the State 
     of Washington on matters covered by the Hanford Tri-Party 
     Agreement, the Site Manager shall also provide an opportunity 
     for review and comment to the State of Oregon.
       (b) Nothing in this section: (1) Requires the Site Manager 
     to share enforcement sensitive information or information 
     related to the negotiation, dispute resolution or State cost 
     recovery provisions of the Hanford Tri-Party Agreement; (2) 
     requires the Site Manager to provide confidential budget or 
     procurement information under terms other than those provided 
     in the Tri-Party Agreement for the transmission of such 
     information to the State of Washington; (3) authorizes the 
     State of Oregon to participate in enforcement, dispute 
     resolution or negotiation actions conducted under provisions 
     of the Hanford Tri-Party Agreement; (4) shall delay 
     implementation of remedial or environmental management 
     activities at the Hanford Reservation; or (5) obligates the 
     Department of Energy to provide additional funds to the State 
     of Oregon.
       Insert at the appropriate place the following:

     SEC. . SENSE OF THE SENATE ON HANFORD MEMORANDUM OF 
                   UNDERSTANDING

       It is the sense of the Senate that the State of Oregon has 
     the authority to and may enter into a joint memorandum of 
     understanding with the State of Washington or a joint 
     memorandum of understanding with the State of Washington and 
     the Site Manager of the Hanford Reservation in order to 
     address issues of mutual concern to such States regarding the 
     Hanford Reservation.

                          ____________________