[Congressional Record Volume 142, Number 97 (Thursday, June 27, 1996)]
[Senate]
[Pages S7193-S7201]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

      THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1997

                                 ______
                                 

                  ROBB (AND McCAIN) AMENDMENT NO. 4363

  (Ordered to lie on the table.)
  Mr. ROBB (for himself and Mr. McCain) submitted an amendment intended 
to be proposed by him to the bill (S. 1745) to authorize appropriations 
for fiscal year 1997 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of Energy, to prescribe personnel strengths for such fiscal 
year for the Armed Forces, and for other purposes; as follows:

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

     SEC. 1014. SENSE OF SENATE REGARDING AUTHORIZATION OF 
                   APPROPRIATIONS FOR MILITARY EQUIPMENT NOT 
                   IDENTIFIED IN THE ANNUAL BUDGET REQUEST OF THE 
                   DEPARTMENT OF DEFENSE AND FOR CERTAIN MILITARY 
                   CONSTRUCTION.

       It is the sense of the Senate that--
       (1) to the maximum extent practicable, the Senate should 
     consider the authorization of appropriation of funds for the 
     procurement of military equipment only if the procurement is 
     included--
       (A) in the annual budget request of the Department of 
     Defense;
       (B) in the current future years defense program of the 
     Department; or
       (C) in a supplemental request list provided to the 
     Committee on Armed Services of the Senate, upon request of 
     the Committee, by the Office of the Secretary of Defense, by 
     the military departments, by the National Guard Bureau, or by 
     the officials responsible for the administration of the 
     Reserves;
       (2) any procurement of military equipment authorized in a 
     defense authorization bill reported to the Senate by the 
     Committee which procurement is not included in the annual 
     budget request of the Department, included in the current 
     future years defense program, or included in a supplemental 
     request list should be listed in a separate section of the 
     report accompanying the bill with a detailed justification of 
     the national security interest addressed by the procurement; 
     and
       (3) any military construction project authorized in a 
     defense authorization bill reported to the Senate by the 
     Committee which project does not meet the criteria set forth 
     in section 2856(a) of the National Defense Authorization Act 
     for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 3073) 
     should be listed in a separate section of the report 
     accompanying the bill with a detailed justification of the 
     national security interest addressed by the project.
                                 ______
                                 

                        GREGG AMENDMENT NO. 4364

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

       In the appropriate place in S. 1745, insert the following 
     new section:

     SEC. ____. 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).''.

[[Page S7194]]

       (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.''.
                                 ______
                                 

                 PRYOR (AND OTHERS) AMENDMENT NO. 4365

       Mr. PRYOR (for himself, Mr. Chafee, Mr. Brown, Mr. Bryan, 
     Mr. Dorgan, Mr. Leahy, and Mr. Byrd) proposed an amendment to 
     the bill, S. 1745, supra; as follows:

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

     SEC. 1072. EQUITABLE TREATMENT FOR THE GENERIC DRUG INDUSTRY.

       (a) Sense of the Senate.--It is the sense of the Senate 
     that the generic drug industry should be provided equitable 
     relief in the same manner as other industries are provided 
     with such relief under the patent transitional provisions of 
     section 154(c) of title 35, United States Code, as amended by 
     section 532 of the Uruguay Round Agreements Act of 1994 
     (Public Law 103-465; 108 Stat. 4983).
       (b) Approval of Applications of Generic Drugs.--For 
     purposes of acceptance and consideration by the Secretary of 
     Health and Human Services of an application under subsections 
     (b), (c), and (j) of section 505, and subsections (b), (c), 
     and (n) of section 512, of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 355 (b), (c), and (j), and 360b (b), 
     (c), and (n)), the expiration date of a patent that is the 
     subject of a certification under section 505(b)(2)(A) (ii), 
     (iii), or (iv), section 505(j)(2)(A)(vii) (II), (III), or 
     (IV), or section 512(n)(1)(H) (ii), (iii), or (iv) of such 
     Act, respectively, made in an application submitted prior to 
     June 8, 1995, or in an application submitted on or after that 
     date in which the applicant certifies that substantial 
     investment was made prior to June 8, 1995, shall be deemed to 
     be the date on which such patent would have expired under the 
     law in effect on the day preceding December 8, 1994.
       (c) Marketing Generic Drugs.--The remedies of section 
     271(e)(4) of title 35, United States Code, shall not apply to 
     acts--
       (1) that were commenced, or for which a substantial 
     investment was made, prior to June 8, 1995; and
       (2) that became infringing by reason of section 154(c)(1) 
     of such title, as amended by section 532 of the Uruguay Round 
     Agreements Act (Public Law 103-465; 108 Stat. 4983).
       (d) Equitable Remuneration.--For acts described in 
     subsection (c), equitable remuneration of the type described 
     in section 154(c)(3) of title 35, United States Code, as 
     amended by section 532 of the Uruguay Round Agreements Act 
     (Public Law 103-465; 108 Stat. 4983) shall be awarded to a 
     patentee only if there has been--
       (1) the commercial manufacture, use, offer to sell, or 
     sale, within the United States of an approved drug that is 
     the subject of an application described in subsection (b); or
       (2) the importation by the applicant into the United States 
     of an approved drug or of active ingredient used in an 
     approved drug that is the subject of an application described 
     in subsection (b).
       (e) Applicability.--The provisions of this section shall 
     govern--
       (1) the approval or the effective date of approval of 
     applications under section 505(b)(2), 505(j), 507, or 512(n), 
     of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355 
     (b)(2) and (j), 357, and 360b(n)) submitted on or after the 
     date of enactment of this Act; and
       (2) the approval or effective date of approval of all 
     pending applications that have not received final approval as 
     of the date of enactment of this Act.
                                 ______
                                 
      HATCH AMENDMENT NO. 4366
       Mr. HATCH proposed an amendment to amendment No. 4365 
     proposed by Mr. Pryor to the bill, S. 1745, supra; as 
     follows:

       Strike all after the word ``SEC.'' and insert the 
     following:

     PHARMACEUTICAL INDUSTRY SPECIAL EQUITY.

       (a) Short Title.--This section may be cited as the 
     ``Pharmaceutical Industry Special Equity Act of 1996''.
       (b) Approval of Generic Drugs.--
       (1) In general.--With respect to any patent, the term of 
     which is modified under section 154(c)(1) of title 35, United 
     States Code, as amended by the Uruguay Round Agreements Act 
     (Public Law 103-465; 108 Stat. 4983), the remedies of section 
     271(e)(4) of title 35, United States Code, shall not apply 
     if--
       (A) such patent is the subject of a certification described 
     under--
       (i) section 505 (b)(2)(A)(iv) or (j)(2)(A)(vii)(IV) of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355 
     (b)(2)(A)(iv) or (j)(2)(A)(vii)(IV)); or
       (ii) section 512(n)(1)(H)(iv) of such Act (21 U.S.C. 
     360b(n)(1)(H)(iv));
       (B) on or after the date of enactment of this section, such 
     a certification is made in an application that was filed 
     under section 505 or 512 of the Federal Food, Drug, and 
     Cosmetic Act and accepted for filing by the Food and Drug 
     Administration prior to June 8, 1995; and
       (C) a final order, from which no appeal is pending or may 
     be made, has been entered in an action brought under chapter 
     28 or 29 of title 35, United States Code--
       (i) finding that the person who submitted such 
     certification made a substantial investment of the type 
     described under section 154(c)(2) of title 35, United States 
     Code, as amended by the Uruguay Round Agreements Act; and
       (ii) establishing the amount of equitable remuneration of 
     the type described under section 154(c)(3) of title 35, 
     United States Code, as amended by the Uruguay Round 
     Agreements Act, that is required to be paid by the person who 
     submitted such certification to the patentee for the product 
     that is the subject of the certification.
       (2) Determination of substantial investment.--In 
     determining whether a substantial investment has been made in 
     accordance with this section, the court shall find that--
       (A) a complete application submitted under section 505 or 
     512 of the Federal Food, Drug, and Cosmetic Act was found by 
     the Secretary of Health and Human Services on or before June 
     8, 1995 to be sufficiently complete to permit substantive 
     review; and
       (B) the total sum of the investment made by the person 
     submitting such an application--
       (i) is specifically related to the research, development, 
     manufacture, sale, marketing, or other activities undertaken 
     in connection with, the product covered by such an 
     application; and
       (ii) does not solely consist of that person's expenditures 
     related to the development and submission of the information 
     contained in such an application.
       (3) Effective date of approval of application.--In no event 
     shall the Food and Drug Administration make the approval of 
     an application under sections 505 or 512 of the Federal Food, 
     Drug, and Cosmetic Act, which is subject to the provisions of 
     this section, effective prior to the entry of the order 
     described in paragraph (1)(C).
       (4) Applicability.--The provisions of this subsection shall 
     not apply to any patent the term of which, inclusive of any 
     restoration period provided under section 156 of title 35, 
     United States Code, would have expired on or after June 8, 
     1998, under the law in effect on the date before December 8, 
     1994.
       (c) Application of Certain Benefits and Term Extensions to 
     All Patents in Force on a Certain Date.--For the purposes of 
     this section and the provisions of title 35, United States 
     Code, all patents in force on June 8, 1995, including those 
     in force by reason of section 156 of title 35, United States 
     Code, are entitled to the full benefit of the Uruguay Round 
     Agreements Act of 1994 and any extension granted before such 
     date under section 156 of title 35, United States Code.
       (d) Extension of Patents Relating to Nonsteroidal Anti-
     Inflammatory Drugs.--
       (1) In general.--Notwithstanding section 154 of title 35, 
     United States Code, the term of patent shall be extended for 
     any patent

[[Page S7195]]

     which encompasses within its scope of composition of matter 
     known as a nonsteroidal anti-inflammatory drug if--
       (A) during the regulatory review of the drug by the Food 
     and Drug Administration the patentee--
       (i) filed a new drug application in 1982 under section 505 
     of the Federal Food, Drug and Cosmetic Act (21 U.S.C. 355); 
     and
       (ii) awaited approval by the Food and Drug Administration 
     for at least 96 months; and
       (B) such new drug application was approved in 1991.
       (2) Term.--The term of any patent described in paragraph 
     (1) shall be extended from its current expiration date for a 
     period of 2 years.
       (3) Notification.--No later than 90 days after the date of 
     enactment of this section, the patentee of any patent 
     described in paragraph (1) shall notify the Commissioner of 
     Patents and Trademarks of the number of any patent extended 
     under such paragraph. On receipt of such notice, the 
     Commissioner shall confirm such extension by placing a notice 
     thereof in the official file of such patent and publishing an 
     appropriate notice of such extension in the Official Gazette 
     of the Patent and Trademark Office.
       (e) Expedited Procedures for Civil Actions.--
       (1) Application.--(A) This subsection applies to any civil 
     action in a court of the United States brought to determine 
     the rights of the parties under this section, including any 
     determination made under subsection (b).
       (B) For purposes of this subsection the term ``civil 
     action'' refers to a civil action described under 
     subparagraph (A).
       (2) Superseding provisions.--Procedures adopted under this 
     subsection shall supersede any provision of title 28, United 
     States Code, the Federal Rules of Civil Procedure, or the 
     Federal Rules of Appellate Procedure to the extent of any 
     inconsistency.
       (3) Procedures in district court.--No later than 60 days 
     after the date of the enactment of this Act, each district 
     court of the United States shall adopt procedures to--
       (A) provide for priority in consideration of civil actions 
     on an expedited basis, including consideration of 
     determinations relating to substantial investment, equitable 
     remuneration, and equitable compensation;
       (B) provide that--
       (i) no later than 10 days after a party files an answer to 
     a complaint filed in a civil action the court shall order 
     that all discovery (including a hearing on any discovery 
     motions) shall be completed no later than 60 days after the 
     date on which the court enters the order; and
       (ii) the court may grant a single extension of the 60-day 
     period referred to under clause (i) for an additional period 
     of no more than 30 days upon a showing of good cause;
       (C) require any dispositive motion in a civil action to be 
     filed no later than 30 days after completion of discovery;
       (D) require that--
       (i) if a dispositive motion is filed in a civil action, the 
     court shall rule on such a motion no later than 30 days after 
     the date on which the motion is filed;
       (ii) the court shall begin the trial of a civil action no 
     later than 60 days after the later of--

       (I) the date on which discovery is completed in accordance 
     with subparagraph (B); or
       (II) the last day of the 30-day period referred to under 
     clause (i), if a dispositive motion is filed;

       (E) require that if a person does not hold the patent which 
     is the subject of a civil action and is the prevailing party 
     in the civil action, the court shall order the nonprevailing 
     party to pay damages to the prevailing party;
       (F) the damages payable to such persons shall include--
       (i) the costs resulting from the delay caused by the civil 
     action; and
       (ii) lost profits from such delay; and
       (G) provide that the prevailing party in a civil action 
     shall be entitled to recover reasonable attorney's fees and 
     court costs.
       (4) Procedures in federal circuit court.--No later than 60 
     days after the date of the enactment of this Act, the United 
     States Court of Appeals for the Federal Circuit shall adopt 
     procedures to provide for expedited considerations of civil 
     actions brought under this Act.
                                 ______
                                 

                  NUNN (AND OTHERS) AMENDMENT NO. 4367

  Mr. NUNN (for himself, Mrs. Hutchison, Mr. Bradley, Mrs. Kassebaum, 
and Mr. Cohen) proposed an amendment to the bill, S. 1745, supra; as 
follows:

       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 strategy by which attacks on prospective new NATO 
     member nations would be deterred and, if deterrence fails, 
     defended, including--
       (A) whether the strategy would be based on conventional 
     forces or on nuclear capabilities;
       (B) if based on conventional forces, the extent to which 
     the strategy would be based on host nation forces and the 
     extent to which it would be based on NATO reinforcement;
       (C) to the extent that the strategy is based on NATO 
     reinforcement, whether substantial prepositioning of 
     equipment and supplies and establishment of reception 
     facilities would be necessary;
       (D) whether the forward deployment of substantial NATO air 
     forces or ground forces, or both, would be necessary;
       (E) if the forward deployment of substantial NATO air 
     forces or ground forces would be necessary, the approximate 
     percentage of

[[Page S7196]]

     the number of the forward-deployed forces that would be 
     United States forces and whether any NATO member would be 
     unable to deploy forces forward; and
       (F) if the strategy is based on nuclear capabilities, 
     whether any changes in NATO's nuclear posture would be 
     necessary.
       (3) Whether NATO enlargement can proceed prior to the 
     implementation of the NATO decisions referred to in 
     subsection (a)(8), including the establishment of more 
     deployable headquarters and more mobile forces, and the 
     development of a European security and defense identity.
       (4) Whether an enlarged NATO will be able to function on a 
     consensus basis that makes it necessary for all NATO members 
     to agree on major decisions.
       (5) The extent to which prospective new NATO members have 
     achieved, or are expected to achieve, interoperability of 
     their military equipment, air defense systems, and command, 
     control, and communications systems and conformity of 
     military doctrine with those of NATO.
       (6) 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.
       (7) The extent to which prospective new NATO members are 
     committed to protecting the rights of all of their citizens, 
     including national minorities.
       (8) The extent to which prospective new NATO members are 
     committed to respecting the territorial integrity of their 
     neighbors, together with the mechanisms that are established, 
     or are planned to be established, for resolving border 
     disputes peacefully.
       (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, Latvia, Lithuania, and Estonia) 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--
       (A) the effects that the gaining of membership in NATO by a 
     nation would have on the possibility and timing of that 
     nation gaining associate membership and, subsequently, full 
     membership in the European Union; and
       (B) 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 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'').
                                 ______
                                 

                 SHELBY (AND OTHERS) AMENDMENT NO. 4368

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

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

     SEC.   . EXEMPTION FOR SAVINGS INSTITUTIONS SERVING MILITARY 
                   PERSONNEL.

       Section 10(m)(3)(F) of the Home Owners' Loan Act (12 U.S.C. 
     1467a(m)(3)(F)) is amended to read as follows:
       ``(F) Exemption for specialized savings associations 
     serving certain military personnel.--Subparagraph (A) does 
     not apply to a savings association subsidiary of a savings 
     and loan holding company if not less than 90 percent of the 
     customers of the savings and loan holding company and the 
     subsidiaries and affiliates of such company are active or 
     former officers in the United States military services or the 
     widows, widowers, divorced spouses, or current or former 
     dependents of such officers.''.
                                 ______
                                 

                COHEN (AND LIEBERMAN) AMENDMENT NO. 4369

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

       At the end of title XXXIII, add the following:

     SEC. 3303. ADDITIONAL AUTHORITY TO DISPOSE OF MATERIALS IN 
                   NATIONAL DEFENSE STOCKPILE.

       (a) Disposal Required.--Subject to subsection (c), the 
     President shall dispose of materials contained in the 
     National Defense Stockpile and specified in the table in 
     subsection (b) so as to result in receipts to the United 
     States in amounts equal to--
       (1) $110,000,000 during the five-fiscal year period ending 
     September 30, 2001;
       (2) $260,000,000 during the seven-fiscal year period ending 
     September 30, 2003; and
       (3) $440,000,000 during the nine-fiscal year period ending 
     September 30, 2005.
       (b) Limitation on Disposal Quantity.--The total quantities 
     of materials authorized for disposal by the President under 
     subsection (a) may not exceed the amounts set forth in the 
     following table:

                     Authorized Stockpile Disposals                     
------------------------------------------------------------------------
           Material for disposal                      Quantity          
------------------------------------------------------------------------
Chrome Metal, Electrolytic................  8,471 short tons            
Cobalt....................................  9,902,774 pounds            
Columbium Carbide.........................  21,372 pounds               
Columbium Ferro...........................  249,395 pounds              
Diamond, Bort.............................  91,542 carats               
Diamond, Stone............................  3,029,413 carats            
Germanium.................................  28,207 kilograms            
Indium....................................  15,205 troy ounces          
Palladium.................................  1,249,601 troy ounces       
Platinum..................................  442,641 troy ounces         
Rubber....................................  567 long tons               
Tantalum, Carbide Powder..................  22,688 pounds contained     
Tantalum, Minerals........................  1,748,947 pounds contained  
Tantalum, Oxide...........................  123,691 pounds contained    
Titanium Sponge...........................  36,830 short tons           
Tungsten..................................  76,358,235 pounds           
Tungsten, Carbide.........................  2,032,942 pounds            
Tungsten, Metal Powder....................  1,181,921 pounds            
Tungsten, Ferro...........................  2,024,143 pounds            
------------------------------------------------------------------------

       (c) Minimization of Disruption and Loss.--The President may 
     not dispose of materials under subsection (a) to the extent 
     that the disposal will result in--
       (1) undue disruption of the usual markets of producers, 
     processors, and consumers of the materials proposed for 
     disposal; or
       (2) avoidable loss to the United States.
       (d) Treatment of Receipts.--(1) Notwithstanding section 9 
     of the Strategic and Critical Materials Stock Piling Act (50 
     U.S.C. 98h), funds received as a result of the disposal of 
     materials under subsection (a) shall be deposited into the 
     general fund of the Treasury and used to offset the revenues 
     lost as a result of the amendments made by subsection (a) of 
     section 4303 of the National Defense Authorization Act for 
     Fiscal Year 1996 (Public Law 104-106; 110 Stat. 658).
       (2) This section shall be treated as qualifying offsetting 
     legislation for purposes of subsection (b) of such section 
     4303.
       (e) Relationship to Other Disposal Authority.--The disposal 
     authority provided in subsection (a) is new disposal 
     authority and is in addition to, and shall not affect, any 
     other disposal authority provided by law regarding the 
     materials specified in such subsection.
       (f) Definition.--The term ``National Defense Stockpile'' 
     means the National Defense Stockpile provided for in section 
     4 of the Strategic and Critical Materials Stock Piling Act 
     (50 U.S.C. 98c).
                                 ______
                                 

                      GRASSLEY AMENDMENT NO. 4370

  Mr. GRASSLEY proposed an amendment 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

[[Page S7197]]

     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;
       (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

[[Page S7198]]

     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 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.
                                 ______
                                 

                  BRYAN (AND REID) AMENDMENT NO. 4371

  Mr. BRYAN (for himself and Mr. Reid) proposed an amendment to 
amendment No. 4369 proposed by Mr. Cohen to the bill, S. 1745, supra, 
as follows:

       In the table in subsection (b), delete the entry relating 
     to titanium sponge.
                                 ______
                                 

                 WARNER (AND SMITH) AMENDMENT NO. 4372

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

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

     SEC. 223. 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.
                                 ______
                                 

[[Page S7199]]



                 GLENN (AND OTHERS) AMENDMENT NO. 4373

  Mr. LEVIN (for Mr. Glenn for himself, Mr. Abraham, and Mr. Levin) 
proposed an amendment 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''.
                                 ______
                                 

                        COHEN AMENDMENT NO. 4374

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

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

     SEC. 1072. CLARIFICATION OF NATIONAL SECURITY SYSTEMS TO 
                   WHICH THE INFORMATION TECHNOLOGY MANAGEMENT 
                   REFORM ACT OF 1996 APPLIES.

       Section 5142(b) of the Information Technology Management 
     Reform Act of 1996 (division E of Public Law 104-106; 110 
     Stat. 689; 40 U.S.C. 1452(b)) is amended--
       (1) by striking out ``(b) Limitation.--'' and inserting in 
     lieu thereof ``(b) Limitations.--(1)''; and
       (2) by adding at the end the following:
       ``(2) Notwithstanding any other provision of this section 
     or any other provision of law, for the purposes of this 
     subtitle, a system that, in function, operation, or use, 
     involves the storage, processing, or forwarding of classified 
     information and is protected at all times by procedures 
     established for the handling of classified information shall 
     be considered as a national security system under the 
     definition in subsection (a) only if the function, operation, 
     or use of the system--
       ``(A) involves activities described in paragraph (1), (2), 
     or (3) of subsection (a);
       ``(B) involves equipment described in paragraph (4) of 
     subsection (a); or
       ``(C) is critical to an objective described in paragraph 
     (5) of subsection (a) and is not excluded by paragraph (1) of 
     this subsection.''.
                                 ______
                                 

                 HEFLIN (AND SHELBY) AMENDMENT NO. 4375

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

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

     SEC. 113. TYPE CLASSIFICATION OF ELECTRO OPTIC AUGMENTATION 
                   (EOA) SYSTEM.

       (a) Requirement.--The Secretary of the Army shall type 
     classify the Electro Optic Augmentation (EOA) system.
       (b) Funding.--Of the amounts authorized to be appropriated 
     for the Army by this division, $100,000 shall made be 
     available to the Armored Systems Modernization Program 
     manager for the type classification required by subsection 
     (a).
                                 ______
                                 

                      GRASSLEY AMENDMENT NO. 4376

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

       At the end of section 218(a) add the following: ``The 
     report shall include--
       ``(1) a comparison of--
       ``(A) the results of the review, with
       ``(B) the results of the last independent estimate of 
     production costs of the program that was prepared by the Cost 
     Analysis Improvement Group in July 1991; and
       ``(2) a description of any major changes in programmatic 
     assumptions that have occurred since the estimate referred to 
     in paragraph (1)(B) was made, including any major change in 
     assumptions regarding the program schedule, the quantity of 
     aircraft to be developed and acquired, and the annual rates 
     of production, together with an assessment of the effects of 
     such changes on the program.''.
                                 ______
                                 

                 SIMON (AND OTHERS) AMENDMENT NO. 4377

  Mr. LEVIN (for Mr. Simon for himself, Mr.  Conrad, and Mr. Levin) 
proposed and amendment to the bill, S. 1745; supra; as follows:

       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.
                                 ______
                                 

                 McCAIN (AND OTHERS) AMENDMENT NO. 4378

  Mr. McCAIN (for himself, Mr. Hatch, Mr. Bennett, and Mr. Nunn) 
proposed an amendment 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.
                                 ______
                                 

                        REID AMENDMENT NO. 4379

  Mr. LEVIN (for Mr. Reid) proposed an amendment 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 SIT.

       Notwithstanding any other provision of law and effective as 
     of September 30, 1996, the costs associated with operating 
     and maintaining the infrastructure at the Nevada Test Site, 
     Nevada, with respect to any activities initiated at the site 
     after that date by the Department of Defense pursuant to a 
     work for others agreement may be paid for from funds 
     authorized to be appropriated to the Department of Energy for 
     activities at the Nevada Test Site.
                                 ______
                                 

[[Page S7200]]



                 KYL (AND BINGAMAN) AMENDMENT NO. 4380

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

       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 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.
                                 ______
                                 

                        HELMS AMENDMENT NO. 4381

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

       In section 1031(a), strike out ``The Secretary of Defense'' 
     and insert in lieu thereof ``Subject to subsections (e) and 
     (f), the Secretary of Defense''.

       At the end of section 1031, add the following:
       (e) Limitations.--(1) The Secretary may not obligate or 
     expend funds to provide support under this section until 15 
     days after the date on which the Secretary submits to the 
     committees referred to in paragraph (3) the certification 
     described in paragraph (2).
       (2) The certification referred to in paragraph (1) is a 
     written certification of the following:
       (A) That the provision of support under this section will 
     not adversely affect the military preparedness of the United 
     States Armed Forces.
       (B) That the equipment and materiel provided as support 
     will be used only by officials and employees of the 
     Government of Mexico who have undergone a background check by 
     that government.
       (C) That the Government of Mexico has certified to the 
     Secretary that--
       (i) the equipment and material provided as support will be 
     used only by the officials and employees referred to in 
     subparagraph (B);
       (ii) none of the equipment or materiel will be transferred 
     (by sale, gift, or otherwise) to any person or entity not 
     authorized by the United States to receive the equipment or 
     materiel; and
       (iii) the equipment and materiel will be used only for the 
     purposes intended by the United States Government.
       (D) That the Government of Mexico has implemented, to the 
     satisfaction of the Secretary, a system that will provide an 
     accounting and inventory of the equipment and materiel 
     provided as support.
       (E) That the departments, agencies, and instrumentalities 
     of the Government of Mexico will grant United States 
     Government personnel unrestricted access to any of the 
     equipment or materiel provided as support, or to any of the 
     records relating to such equipment or materiel, under terms 
     and conditions similar to the terms and conditions imposed 
     with respect to such access under section 505(a)(3) of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2314(a)(3)).
       (F) That the Government of Mexico will provide security 
     with respect to the equipment and materiel provided as 
     support that is equivalent to the security that the United 
     States Government would provide with respect to such 
     equipment and materiel.
       (G) That the Government of Mexico will permit continuous 
     observation and review by United States Government personnel 
     of the use of the equipment and materiel provided as support 
     under terms and conditions similar to the terms and 
     conditions imposed with respect to such observation and 
     review under section 505(a)(3) of the Foreign Assistance Act 
     of 1961 (22 U.S.C. 2314(a)(3)).
       (3) The committees referred to in this paragraph are the 
     following:
       (A) The Committees on Armed Services and Foreign Relations 
     of the Senate.
       (B) The Committees on National Security and International 
     Relations of the House of Representatives.
       (f) Prohibition on Provision of Certain Military 
     Equipment.--The Secretary may not provide as support under 
     this section--
       (1) any article of military equipment for which special 
     export controls are warranted because of the substantial 
     military utility or capability of such equipment;
       (2) any military equipment identified on the United States 
     Munitions List; or
       (3) any of the following military equipment (whether or not 
     the equipment has been equipped, re-equipped, or modified for 
     military operations):
       (A) Cargo aircraft bearing ``C'' designations, including 
     aircraft with designations C-45 through C-125, C-131 
     aircraft, and aircraft bearing ``C'' designations that use 
     reciprocating engines.
       (B) Trainer aircraft bearing ``T'' designations, including 
     aircraft bearing such designations that use reciprocating 
     engines or turboprop engines delivering less than 600 
     horsepower.
       (C) Utility aircraft bearing ``U'' designations, including 
     UH-1 aircraft and UH/EH-60 aircraft and aircraft bearing such 
     designations that use reciprocating engines.
       (D) Liaison aircraft bearing ``L'' designations.
       (E) Observation aircraft bearing ``O'' designations, 
     including OH-58 aircraft and aircraft bearing such 
     designations that use reciprocating engines.
       (F) Truck, tractors, trailers, and vans, including all 
     vehicles bearing ``M'' designations.
                                 ______
                                 

               FEINSTEIN (AND OTHERS) AMENDMENT NO. 4382

  Mr. LEVIN (for Mrs. Feinstein for herself, Mr. Kyl, and Mr. Grassley) 
proposed an amendment to the bill, S. 1745, supra; as follows:

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

     SEC. 1072. 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.
                                 ______
                                 

             MOSELEY-BRAUN (AND OTHERS) AMENDMENT NO. 4383

  Mr. McCAIN (for Ms. Moseley-Braun, for herself, Mr. Cochran, and Mr. 
Lott) proposed an amendment to the bill, S. 1745, supra; as follows:

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

     SEC. 223. COMPUTER-ASSISTED EDUCATION AND TRAINING.

       Of the amount authorized to be appropriated under section 
     201(4), $10,000,000 shall be available under program element 
     0601103D for computer-assisted education and training at the 
     Defense Advanced Research Projects Agency.
                                 ______
                                 

[[Page S7201]]



                        LEVIN AMENDMENT NO. 4384

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

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

     SEC. 1072. 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).

                          ____________________