[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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