[Congressional Record Volume 143, Number 87 (Friday, June 20, 1997)]
[Senate]
[Pages S6026-S6027]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1998
The Senate continued with the consideration of the bill.
Mr. THURMOND. Mr. President, what is the pending business?
Amendment No. 422
The PRESIDING OFFICER. The pending business is the Grams substitute
for the Cochran amendment.
Mr. THURMOND. Mr. President, I consider this a matter of national
security and, therefore, I support the efforts of the Senator from
Mississippi to require export licenses for computers --in short,
supercomputers to tier 3 countries, such as Russia, China, India, and
Pakistan.
For several years, both the Strategic Subcommittee and the
Acquisition and Technology Subcommittee, chaired by the Senator from
New Hampshire, Senator Smith, have conducted hearings on the
administration's export policies on dual-use technologies with military
applications. The concerns expressed by Senators Cochran and Durbin is
one of the issues which Senator Smith was concerned about, and which he
explored during his hearings.
The export of the high-performance computers to countries of concern
could have a significant and potentially detrimental impact on United
States and allied security interests.
The alleged export of the high-performance computers to Russia and
China recently causes me great concern. The computers are more capable
than any computer known to have been in use in those countries. The
export of these computers was accomplished without export licenses.
Evidently, the Russian Government told the companies that sold the
computers that they would be used for modeling of Earth water
pollution. However, subsequent to the sale, officials from the Russian
Ministry of Atomic Energy stated that the computers would be used to
maintain its nuclear weapons stockpile, to confirm the reliability of
its nuclear arsenal, and to ensure the proper working order of the
nuclear stockpile under the Comprehensive Test Ban Treaty.
Mr. President, according to U.S. export policy, the sale of high-
powered computers that would directly or indirectly support nuclear
weapons activities is prohibited.
Mr. President, I believe the Senator's amendment to require a license
to export high-powered supercomputers with a 2,000 million theoretical
operation range is appropriate.
I ask unanimous consent that I be added as an original cosponsor of
the amendment offered by the Senator from Mississippi.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. THURMOND. Mr. President, I yield the floor and suggest the
absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. THURMOND. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. THURMOND. Mr. President, I ask unanimous consent that the Grams
and Cochran amendments be temporarily set aside and it be in order for
Senator Coverdell to offer an amendment No. 423 to the bill on behalf
of himself and Senators Inhofe and Cleland.
I further ask that following 2 minutes for explanation by Senator
Coverdell, the amendment be set aside, and further, that the call for
regular order with respect to the Inhofe-Coverdell amendment only be in
order after the concurrence of the chairman and ranking member and
Senators from the following States: Georgia, Utah, Oklahoma,
California, and Texas.
Mr. LEVIN. No objection.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. COVERDELL addressed the Chair.
The PRESIDING OFFICER. The Senator from Georgia.
Amendment No. 423
(Purpose: To define depot-level maintenance and repair, to limit
contracting for depot-level maintenance and repair at installations
approved for closure or realignment in 1995, and to modify authorities
and requirements relating to the performance of core logistics
functions)
Mr. COVERDELL. Mr. President, I call up amendment 423.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Georgia (Mr. Coverdell), for himself, Mr.
Inhofe and Mr. Cleland, proposes an amendment numbered 423.
Mr. COVERDELL. Mr. President, I ask unanimous consent that reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
At the end of subtitle B of title III, add the following:
SEC. . DEFINITION OF DEPOT-LEVEL MAINTENANCE AND REPAIR.
(a) Depot-Level Maintenance and Repair Defined.--Chapter
146 of title 10, United States Code, is amended by inserting
before section 2461 the following new section:
[[Page S6027]]
``Sec. 2460. Definition of depot-level maintenance and repair
``(a) In General.--In this chapter, the term `depot-level
maintenance and repair' means materiel maintenance or repair
requiring the overhaul or rebuilding of parts, assemblies, or
subassemblies, and the testing and reclamation of equipment
as necessary, regardless of the source of funds for the
maintenance or repair. The term includes all aspects of
software maintenance and such portions of interim contractor
support, contractor logistics support, or any similar
contractor support for the performance of services that are
described in the preceding sentence.
``(b) Exception.--The term does not include the following:
``(1) Ship modernization activities that were not
considered to be depot-level maintenance and repair
activities under regulations of the Department of Defense in
effect on March 30, 1997.
``(2) A procurement of a modification or upgrade of a major
weapon system.''
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting before the
item relating to section 2461 the following new item:
``2460. Definition of depot-level maintenance and repair.''.
SEC. 320. RESTRICTIONS ON CONTRACTS FOR PERFORMANCE OF DEPOT-
LEVEL MAINTENANCE AND REPAIR AT CERTAIN
FACILITIES.
Section 2469 of title 10, United States Code, is amended--
(1) in subsections (a) and (b), by striking out ``or
repair'' and inserting in lieu thereof ``and repair''; and
(2) by adding at the end the following new subsection:
``(d) Restriction on Contracts at Certain Facilities.--
``(1) Restriction.--The Secretary of Defense may not enter
into any contract for the performance of depot-level
maintenance and repair of weapon systems or other military
equipment of the Department of Defense, or for the
performance of management functions related to depot-level
maintenance and repair of such systems or equipment, at any
military installation of the Air Force where a depot-level
maintenance and repair facility was approved in 1995 for
closure or realignment under the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note). In the preceding sentence, the
term `military installation of the Air Force' includes a
former military installation closed or realigned under the
Act that was a military installation of the Air Force when it
was approved for closure or realignment under the Act.
``(2) Exception.--Paragraph (1) shall not apply with
respect to an installation or former installation described
in such paragraph if the Secretary of Defense certifies to
Congress, not later than 45 days before entering into a
contract for performance of depot-level maintenance and
repair at the installation or former installation, that--
``(A) not less than 75 percent of the capacity at each of
the depot-level maintenance and repair activities of the Air
Force is being utilized on an ongoing basis to perform
industrial operations in support of the depot-level
maintenance and repair of weapon systems and other military
equipment of the Department of Defense;
``(B) the Secretary has determined, on the basis of a
detailed analysis (which the Secretary shall submit to
Congress with the certification), that the total amount of
the costs of the proposed contract to the Government, both
recurring and nonrecurring and including any costs associated
with planning for and executing the proposed contract, would
be less than the costs that would otherwise be incurred if
the depot-level maintenance and repair to be performed under
the contract were performed using equipment and facilities of
the Department of Defense;
``(C) all of the information upon which the Secretary
determined that the total costs to the Government would be
less under the contract is available for examination; and
``(D) none of the depot-level maintenance and repair to be
performed under the contract was considered, before July 1,
1995, to be a core logistics capability of the Air Force
pursuant to section 2464 of this title.
``(3) Capacity of depot-level activities.--For purposes of
paragraph (2)(A), the capacity of depot-level maintenance and
repair activities shall be considered to be the same as the
maximum potential capacity identified by the Defense Base
Closure and Realignment Commission for purposes of the
selection in 1995 of military installations for closure or
realignment under the Defense Base Closure and Realignment
Act of 1990, without regard to any limitation on the maximum
number of Federal employees (expressed as full time
equivalent employees or otherwise) in effect after 1995,
Federal employment levels after 1995, or the actual
availability of equipment to support depot-level maintenance
and repair after 1995.
``(4) GAO review.--At the same time that the Secretary
submits the certification and analysis to Congress under
paragraph (2), the Secretary shall submit a copy of the
certification and analysis to the Comptroller General. The
Comptroller General shall review the analysis and the
information referred to in subparagraph (C) of paragraph (2)
and, not later than 30 days after Congress receives the
certification, submit to Congress a report containing a
statement regarding whether the Comptroller General concurs
with the determination of the Secretary included in the
certification pursuant to subparagraph (B) of that paragraph.
``(5) Application.--This subsection shall apply with
respect to any contract described in paragraph (1) that is
entered into, or proposed to be entered into, after January
1, 1997.''.
SEC. 321. CORE LOGISTICS FUNCTIONS OF DEPARTMENT OF DEFENSE.
Section 2464(a) of title 10, United States Code, is
amended--
(1) in paragraph (1), by striking out ``a logistics
capability (including personnel, equipment, and facilities)''
and inserting in lieu thereof ``a core logistics capability
that is Government-owned and Government-operated (including
Federal Government personnel and Government-owned and
Government-operated equipment and facilities)'';
(2) in paragraph (2)--
(A) by inserting ``core'' before ``logistics''; and
(B) by adding at the end the following: ``Each year, the
Secretary of Defense shall submit to Congress a report
describing each logistics capability that the Secretary
identifies as a core logistics capability.''; and
(3) by adding at the end the following new paragraphs:
``(3) Those core logistics activities identified under
paragraphs (1) and (2) shall include the capability,
facilities, and equipment to maintain and repair the types of
weapon systems and other military equipment (except systems
and equipment under special access programs and aircraft
carriers) that are identified by the Secretary, in
consultation with the Joint Chiefs of Staff, as necessary to
enable the armed forces to fulfill the contingency plans
prepared under the responsibility of the Chairman of the
Joint Chiefs of Staff set forth in section 153(a)(3) of this
title.
``(4) The Secretary of Defense shall require the
performance of core logistics functions identified under
paragraphs (1), (2), and (3) at Government-owned, Government-
operated facilities of the Department of Defense (including
Government-owned, Government-operated facilities of a
military department) and shall assign such facilities the
minimum workloads necessary to ensure cost efficiency and
technical proficiency in peacetime while preserving the surge
capacity and reconstitution capabilities necessary to support
fully the contingency plans referred to in paragraph (3).''.
Mr. COVERDELL. Mr. President, amendment No. 423 is language in the
DOD authorization bill that would have the effect, in the judgment of
the Senators that coauthored it from Georgia and Oklahoma--and I am
pleased that Senator Cleland, my colleague from Georgia and a member of
the Armed Services Committee, has coauthored the amendment--this
language would, in our minds, have the effect of concluding and
carrying out what we believe were the findings of the last round of the
Base Realignment and Closure Commission.
Because of the structure of the unanimous consent, it is designed to
encourage the Senators of the States so enumerated in the unanimous
consent to work arduously to try to resolve the differences that
currently exist between our separate views of what the final Base
Realignment and Closure Commission was and how it was carried out. It
is a strong statement, following the lead of the good Senator from
Oklahoma, who has been in pursuit of this issue for an extended period
of time. Of course he is the principal author of the amendment.
Mr. President, I yield the floor, according to the unanimous consent
agreement.
The PRESIDING OFFICER. The Senator from South Carolina.
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