[Congressional Record Volume 142, Number 102 (Thursday, July 11, 1996)]
[Senate]
[Pages S7782-S7784]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           THE DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 1997

                                 ______
                                 

                    SIMON AMENDMENTS NOS. 4446-4447

  (Ordered to lie on the table.)
  Mr. SIMON submitted two amendments intended to be proposed by him to 
the bill, S. 1894, supra; as follows:

                           Amendment No. 4446

       On page 88, between lines 7 and 8, insert the following:
       Sec. 8099. (a) Consideration of Percentage of Work 
     Performed in the United States.--None of the funds 
     appropriated to the Department of Defense under this Act may 
     be obligated or expended to evaluate competitive proposals 
     submitted in response to solicitations for a contracts for 
     the procurement of property or services except when it is 
     made known to the Federal official having authority to 
     obligate or expend such funds that--
       (1) a factor in such evaluation, as stated in the 
     solicitation, is the percentage of work under the contract 
     that the offeror plans to perform in the United States; and
       (2) a high importance is assigned to such factor.
       (b) Breach of Contract for Transferring Work Outside the 
     United States.--None of the funds appropriated to the 
     Department of Defense under this Act may be obligated or 
     expended to procure property or services except when it is 
     made known to the Federal official having authority to 
     obligate or expend such funds that each contract for the 
     procurement of property or services includes a clause 
     providing that the contractor is deemed to have breached the 
     contract if the contractor performs significantly less work 
     in the United States than the contractor stated, in its 
     response to the solicitation for the contract, that it 
     planned to perform in the United States.
       (c) Effect of Breach on Contract Awards and the Exercise of 
     Options Under Covered Contracts.--None of the funds 
     appropriated to the Department of Defense under this Act may 
     be obligated or expended to award a contract or exercise an 
     option under a contract, except when it is made known to the 
     Federal official having authority to obligate or expend such 
     funds that the compliance of the contractor with its 
     commitment to perform a specific percentage of work under 
     such a contract inside the United States is a factor of 
     high importance in any evaluation of the contractor's past 
     performance for the purposes of the contact award or the 
     exercise of the option.
       (d) Requirement for Offerors to Perform Estimate--None of 
     the funds appropriated to the Department of Defense under 
     this Act may be obligated or expended to award a contract for 
     the procurement of property or services unless the 
     solicitation for the contract contains a clause requiring 
     each offeror to provide an estimate of the percentage of work 
     that the offeror will perform in the United States.
       (e) Waivers.--
       (1) Subsections (a), (b), and (c) shall not apply with 
     respect to funds appropriated to the Department of Defense 
     under this Act when it is made known to the Federal official 
     having authority to obligate or expend such funds that an 
     emergency situation or the national security interests of the 
     United States requires the obligation or expenditure of such 
     funds.
       (2) Subsections (a), (b) and (c) may be waived on a 
     subsection-by-subsection basis for all contracts described in 
     subsection (f) if the Secretary of Defense or the Deputy 
     Secretary of Defense--
       (A) makes a written determination, on a nondelegable basis, 
     that--
       (1) the subsection cannot be implemented in a manner that 
     is consistent with the obligations of the United States under 
     existing Reciprocal Procurement Agreements with defense 
     allies; and
       (2) the implementation of the subsection in a manner that 
     is inconsistent with existing Reciprocal Procurement 
     Agreements would result in a net loss of work performed in 
     the United States; and
       (B) reports to the Congress, within 60 days after the date 
     of enactment of this Act, on the reasons for such 
     determinations.
       (f) Scope of Coverage.--This section applies--
       (1) to any contract for any amount greater than the 
     simplified acquisition threshold (as specified in section 
     2302(7) of title 10, United States Code), other than a 
     contract for a commercial item as defined in section 2302 
     (3)(I); and
       (2) to any contract for items described in section 
     2534(a)(5) of such title.
       (g) Construction.--Subsections (a), (b), and (c) may not be 
     construed to diminish the primary importance of 
     considerations of quality in the procurement of defense-
     related property or services.
       (h) Effective Date.--This section shall apply with respect 
     to contracts entered into on or after the date this is 60 
     days after the date of the enactment of this Act.
                                                                    ____


                           Amendment No. 4447

       On page 88, between lines 7 and 8, insert the following:
       Sec. 8099. (a) Repeal of Temporary Requirement Relating to 
     Employment.--Title VII of the Department of Defense 
     Appropriations Act, 1996 (Public Law 104-61; 109 Stat. 650), 
     is amended under the heading ``National Security Education 
     Trust Fund'' by striking out the proviso.
       (b) General Program Requirements.--Subsection (a)(1) of 
     section 802 of the David L. Boren National Security Education 
     Act of 1991 (title VIII of Public Law 102-183; 50 U.S.C. 
     1902) is amended--
       (1) by striking out subparagraph (A) and inserting in lieu 
     thereof the following new subparagraph (A):
       ``(A) awarding scholarships to undergraduate students who--
       ``(i) are United States citizens in order to enable such 
     students to study, for at least one academic semester or 
     equivalent term, in foreign countries that are critical 
     countries (as determined under section 803(d)(4)(A) of this 
     title) in those languages and study areas where deficiencies 
     exist (as identified in the assessments undertaken pursuant 
     to section 806(d) of this title); and

[[Page S7783]]

       ``(ii) pursuant to subsection (b)(2)(A) of this section, 
     enter into an agreement to work for, and make their language 
     skills available to, an agency or office of the Federal 
     Government or work in the field of higher education in the 
     area of study for which the scholarship was awarded;''; and
       (2) in subparagraph (B)--
       (A) in clause (i), by inserting ``relating to the national 
     security interests of the United States'' after 
     ``international fields''; and
       (B) in clause (ii)--
       (i) by striking out ``subsection (b)(2)'' and inserting in 
     lieu thereof ``subsection (b)(2)(B)''; and
       (ii) by striking out ``work for an agency or office of the 
     Federal Government or in'' and inserting in lieu thereof 
     ``work for, and make their language skills available to, an 
     agency or office of the Federal Government or work in''.
       (c) Service Agreement.--Subsection (b) of that section is 
     amended--
       (1) in the matter preceding paragraph (1), by striking out 
     ``, or of scholarships'' and all that follows through ``12 
     months or more,'' and inserting in lieu thereof ``or any 
     scholarship'';
       (2) by striking out paragraph (2) and inserting in lieu 
     thereof the following new paragraph (2):
       ``(2) will--
       ``(A) not later than eight years after such recipient's 
     completion of the study for which scholarship assistance was 
     provided under the program, and in accordance with 
     regulations issued by the Secretary--
       ``(i) work in an agency or office of the Federal Government 
     having national security responsibilities (as determined by 
     the Secretary in consultation with the National Security 
     Education Board) and make available such recipient's foreign 
     language skills to an agency or office of the Federal 
     Government approved by the Secretary (in consultation with 
     the Board), upon the request of the agency or office, for a 
     period specified by the Secretary, which period shall be no 
     longer than the period for which scholarship assistance was 
     provided; or
       ``(ii) if the recipient demonstrates to the Secretary (in 
     accordance with such regulations) that no position in an 
     agency or office of the Federal Government having national 
     security responsibilities is available, work in the field of 
     higher education in a discipline relating to the foreign 
     country, foreign language, area study, or international field 
     of study for which the scholarship was awarded, for a period 
     specified by the Secretary, which period shall be determined 
     in accordance with clause (i); or
       ``(B) upon completion of such recipient's education under 
     the program, and in accordance with such regulations--
       ``(i) work in an agency or office of the Federal Government 
     having national security responsibilities (as so determined) 
     and make available such recipient's foreign language skills 
     to an agency or office of the Federal Government approved by 
     the Secretary (in consultation with the Board), upon the 
     request of the agency or office, for a period specified by 
     the Secretary, which period shall be not less than one and 
     not more than three times the period for which the fellowship 
     assistance was provided; or
       ``(ii) if the recipient demonstrates to the Secretary (in 
     accordance with such regulations) that no position in an 
     agency or office of the Federal Government having national 
     security responsibilities is available upon the completion of 
     the degree, work in the field of higher education in a 
     discipline relating to the foreign country, foreign language, 
     area study, or international field of study for which the 
     fellowship was awarded, for a period specified by the 
     Secretary, which period shall be established in accordance 
     with clause (i); and''.
       (d) Evaluation of Progress in Language Skills.--Such 
     section 802 is further amended by--
       (1) redesignating subsections (c), (d), and (e) as 
     subsections (d), (e), and (f), respectively; and
       (2) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) Evaluation of Progress in Language Skills.--The 
     Secretary shall, through the National Security Education 
     Program office, administer a test of the foreign language 
     skills of each recipient of a scholarship or fellowship under 
     this title before the commencement of the study or education 
     for which the scholarship or fellowship is awarded and after 
     the completion of such study or education. The purpose of the 
     tests is to evaluate the progress made by recipients of 
     scholarships and fellowships in developing foreign language 
     skills as a result of assistance under this title.''.
       (e) Functions of the National Security Education Board.--
     Section 803(d) of that Act (50 U.S.C. 1903(d)) is amended--
       (1) in paragraph (1), by inserting ``, including an order 
     of priority in such awards that favors individuals expressing 
     an interest in national security issues or pursuing a career 
     in an agency or office of the Federal Government having 
     national security responsibilities'' before the period;
       (2) in paragraph (4)--
       (A) in the matter preceding subparagraph (A), by striking 
     out ``Make recommendations'' and inserting in lieu thereof 
     ``After taking into account the annual analyses of trends in 
     language, international, and area studies under section 
     806(b)(1), make recommendations'';
       (B) in subparagraph (A), by inserting ``and countries which 
     are of importance to the national security interests of the 
     United States'' after ``are studying''; and
       (C) in subparagraph (B), by inserting ``relating to the 
     national security interests of the United States'' after ``of 
     this title'';
       (3) by redesignating paragraph (5) as paragraph (7); and
       (4) by inserting after paragraph (4) the following new 
     paragraphs:
       ``(5) Encourage applications for fellowships under this 
     title from graduate students having an educational background 
     in disciplines relating to science or technology.
       ``(6) Provide the Secretary on an on-going basis with a 
     list of scholarship recipients and fellowship recipients who 
     are available to work for, or make their language skills 
     available to, an agency or office of the Federal Government 
     having national security responsibilities.''.
       (f) Report on Program.--(1) Not later than six months after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall submit to Congress a report assessing the 
     improvements to the program established under the David L. 
     Boren National Security Education Act of 1991 (title VIII of 
     Public Law 102-183; 50 U.S.C. 1901 et seq.) that result from 
     the amendments made by this section.
       (2) The report shall also include an assessment of the 
     contribution of the program, as so improved, in meeting the 
     national security objectives of the United States.
                                 ______
                                 

                JOHNSTON (AND BREAUX) AMENDMENT NO. 4448

  (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. 1894, supra; as 
follows:

       On page 1, line 2 strike out ``17,698,859,000 and insert in 
     lieu thereof ``17,699,359,000''.
                                 ______
                                 

                        FORD AMENDMENT NO. 4449

  (Ordered to lie on the table.)
  Mr. FORD submitted an amendment intended to be proposed by him to the 
bill, S. 1894, supra; as follows:

       On page 65, strike out line 8 and all that follows through 
     page 66, line 15, and insert in lieu thereof the following:
       Sec. 8059. (a) The Secretary of Defense shall conduct a 
     pilot program to identify and demonstrate feasible 
     alternatives to incineration for the demilitarization of 
     assembled chemical munitions.
       (b)(1) The Secretary of Defense shall designate an 
     executive agent to carry out the pilot program required to be 
     conducted under subsection (a).
       (2) The executive agent shall--
       (A) be an officer or executive of the United States 
     Government;
       (B) be accountable to the Secretary of Defense; and
       (C) not be, or have been, in direct or immediate control of 
     the chemical weapon stockpile demilitarization program 
     established by 1412 of the Department of Defense 
     Authorization Act, 1986 (50 U.S.C. 1521) or the alternative 
     disposal process program carried out under sections 174 and 
     175 of the National Defense Authorization Act for Fiscal Year 
     1993 (Public Law 102-484; 50 U.S.C. 1521 note).
       (3) The executive agent may--
       (A) carry out the pilot program directly;
       (B) enter into a contract with a private entity to carry 
     out the pilot program; or
       (C) transfer funds to another department or agency of the 
     Federal Government in order to provide for such department or 
     agency to carry out the pilot program.
       (4) A department or agency that carries out the pilot 
     program under paragraph (3)(C) may not, for purposes of the 
     pilot program, contract with or competitively select the 
     organization within the Army that exercises direct or 
     immediate management control over either program referred to 
     in paragraph (2)(C).
       (5) The pilot program shall terminate not later than 
     September 30, 2000.
       (c) Not later than December 15 of each year in which the 
     Secretary carries out the pilot program, the Secretary shall 
     submit to Congress a report on the activities under the pilot 
     program during the preceding fiscal year.
       (d) Not later than December 31, 2000, the Secretary of 
     Defense shall--
       (1) evaluate each demilitarization alternative identified 
     and demonstrated under the pilot program to determine whether 
     that alternative--
       (A) is as safe and cost efficient as incineration for 
     disposing of assembled chemical munitions; and
       (B) meets the requirements of section 1412 of the 
     Department of Defense Authorization Act, 1986; and
       (2) submit to Congress a report containing the evaluation.
       (e)(1) Notwithstanding any other provision of law and 
     except as provided in paragraph (2), the Secretary may not, 
     during the one-year period beginning on the date of the 
     enactment of this Act, enter into any contract for the 
     purchase of long lead materials considered to be baseline 
     incineration specific materials for the construction of an 
     incinerator at any site in Kentucky or Colorado unless the 
     executive agent designated for the pilot program submits an 
     application for such permits as are necessary under the law 
     of the State of Kentucky or the law of the State of Colorado, 
     as the case may be, for the construction at that site of a 
     plant for demilitarization of assembled chemical munitions by 
     means of an alternative to incineration.

[[Page S7784]]

       (2) The Secretary may enter into a contract described in 
     paragraph (1) beginning 60 days after the date on which the 
     Secretary submits to Congress--
       (A) the report required by subsection (d)(2); and
       (B) the certification of the executive agent that there 
     exists no alternative technology that is as safe and cost 
     efficient as incineration for demilitarizing chemical 
     munitions at non-bulk sites and can meet the requirements of 
     section 1412 of the Department of Defense Authorization Act, 
     1986.
       (f) In this section, the term ``assembled chemical 
     munition'' means an entire chemical munition, including 
     component parts, chemical agent, propellant, and explosive.
       (g)(1) Of the amount appropriated by title VI under the 
     heading ``Chemical Agents and Munitions Destruction, 
     Defense'', $60,000,000 shall be available for the pilot 
     program under this section. Such amount may not be derived 
     from funds to be made available under the chemical 
     demilitarization program for the alternative technologies 
     research and development program at bulk sites.
       (2) Funds made available for the pilot program pursuant to 
     paragraph (1) shall be made available to the executive agent 
     for use for the pilot program.

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