[Congressional Record Volume 142, Number 105 (Wednesday, July 17, 1996)]
[Senate]
[Pages S8028-S8029]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

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           THE DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 1997

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                       INOUYE AMENDMENT NO. 4589

  Mr. STEVENS (for Mr. Inouye) proposed an amendment to amendment No. 
4439 proposed by Mr. Stevens to the bill (S. 1894) making 
appropriations for the Department of Defense for the fiscal year ending 
September 30, 1997, and for other purposes; as follows:

       In lieu of the matter to be inserted by amendment number 
     4439, at an appropriate place in the bill insert:
       Sec. 8099. (a) Notwithstanding any other provision of this 
     Act, the number of Military Personnel, Navy shall be 
     $16,948,481,000, the number for Military Personnel, Air Force 
     shall be $17,026,210,000, the number for Operation and 
     Maintenance, Army shall be $17,696,659,000 the number for 
     Operation and Maintenance, Air Force shall be 
     $17,326,909,000, the number for Operation and Maintenance, 
     Defense-Wide shall be $9,887,142,000, the number for Overseas 
     Contingency Operations Transfer Fund shall be $1,140,157,000, 
     the number for Defense Health Program shall be 
     $10,251,208,000, and the number for Defense Health Program 
     Operation and maintenance shall be $9,931,738,000.
       (b) Of the funds appropriated under the heading Aircraft 
     Procurement, Air Force, $11,500,000 shall be made available 
     only for modification to B-52 bomber aircraft.
       (c) Of the funds appropriated in title VI of this Act, 
     under the heading Chemical Agents and Munitions Destruction, 
     Defense for Research, development, test and evaluation, 
     $3,000,000 shall only be for the accelerated development of 
     advanced sensors for the Army's Mobile Munitions Assessment 
     System.
       (d) Of the funds appropriated in title IV of this Act, 
     under the heading Research, Development, Test and Evaluation, 
     Defense-Wide, $56,200,000 shall be available for the Corps 
     Surface-to-Air Missile (CORPS SAM) program and $515,743,000 
     shall be available for the Other Theater Missile Defense/
     Follow-On TMD Activities program.
       (e) Funds appropriated in title II of this Act for 
     supervision and administration costs for facilities 
     maintenance and repair, minor construction, or design 
     projects may be obligated at the time the reimbursable order 
     is accepted by the performing activity: Provided, That for 
     the purpose of this section, supervision and administration 
     costs includes all in-house government costs.
       (f) Of the funds appropriated in title IV of this Act, 
     under the heading Research, Development, Test and Evaluation, 
     Navy, $2,000,000 is available for titanium processing 
     technology.
       (g) Advance billing for services provided or work performed 
     by the Navy's defense business operating fund activities is 
     prohibited:

[[Page S8029]]

     Provided, That of the funds appropriated under the heading 
     Operation and Maintenance, Navy, $2,976,000,000 shall be 
     available only for depot maintenance activities and 
     programs, and $989,700,000 shall be available only for 
     real property maintenance activities.
       (h) The Secretary of Defense may waive reimbursement of the 
     cost of conferences, seminars, courses of instruction, or 
     similar educational activities of the Asia-Pacific Center for 
     Security Studies for military officers and civilian officials 
     of foreign nations if the Secretary determines that 
     attendance by such personnel, without reimbursement, is in 
     the national security interest of the United States: 
     Provided, That costs for which reimbursement is waived 
     pursuant to this subsection shall be paid from appropriations 
     available for the Asia-Pacific Center.
       (i) Of the funds appropriated in title IV of this Act, 
     under the heading Research, Development, Test and Evaluation, 
     Defense-Wide, $3,000,000 shall be available for a defense 
     technology transfer pilot program.
       (j) Of the funds appropriated in title IV of this Act, 
     under the heading Research, Development, Test and Evaluation, 
     Navy, $4,000,000 is available for the establishment of the 
     National Coastal Data Centers required by section 7901(c) of 
     title 10, United States Code, as added by the National 
     Defense Authorization Act for Fiscal Year 1997.
       (k)(1) Of the amounts appropriated or otherwise made 
     available by this Act for the Department of the Air Force, 
     $2,000,000 shall be available to provide comprehensive care 
     and rehabilitation services to children with disabilities who 
     are dependents of members of the Armed Forces at Lackland Air 
     Force, Base, Texas.
       (2) Subject to subsection (3), the Secretary of the Air 
     Force shall grant the funds available under subsection (a) to 
     the Children's Association for Maximum Potential (CAMP) for 
     use by the association to defray the costs of designing and 
     constructing the facility referred to in subsection (1).
       (3)(a) The Secretary may not make a grant of funds under 
     subsection (2) until the Secretary and the association enter 
     into an agreement under which the Secretary leases to the 
     association the facility to be constructed using the funds.
       (b)(1) The term of the lease under paragraph (1) may not be 
     less than 25 years.
       (2) As consideration for the lease of the facility, the 
     association shall assume responsibility for the operation and 
     maintenance of the facility, including the costs of such 
     operation and maintenance.
       (c) The Secretary may require such additional terms and 
     conditions in connection with the lease as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
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                       GORTON AMENDMENT NO. 4590

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

       On page 29, line 20, strike out ``Forces.'' and insert in 
     lieu thereof ``Forces: Provided further, That of the funds 
     appropriated in this paragraph, $7,500,000 shall be available 
     for 1.5 ship years in the university research fleet under the 
     Oceanographic and Atmospheric Technology program.''.
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                 SIMON (AND OTHERS) AMENDMENT NO. 4591

  Mr. SIMON (for himself, Mr. Specter, and Mr. Harkin) proposed an 
amendment to the bill, S. 1894, supra; as follows:

       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 contract 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 his 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 purpose of the contract 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) report 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 60 days after the date 
     of the enactment of this Act.

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