[Congressional Record Volume 143, Number 87 (Friday, June 20, 1997)]
[Senate]
[Pages S6045-S6046]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

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      THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1998

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                        GRAMS AMENDMENT NO. 422

  Mr. GRAMS proposed an amendment to amendment No. 420 proposed by Mr. 
Cochran to the bill (S. 936) to authorize appropriations for fiscal 
year 1998 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:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC.  . GAO STUDY ON CERTAIN COMPUTERS.

       (a) In General.--The Comptroller General of the United 
     States shall conduct a study of the national security risks 
     relating to the sale of computers with composite theoretical 
     performance of between 2,000 and 7,000 million theoretical 
     operations per second to end-users in Tier 3 countries. The 
     study shall also analyze any foreign availability of 
     computers described in the preceding sentence and the impact 
     of such sales on United States exporters.
       (b) Publication of End-User List.--The Secretary of 
     Commerce shall publish in the Federal Register a list of 
     military and nuclear end-users of the computers described in 
     subsection (a), except any end-user with respect to whom 
     there is an administrative finding that such publication 
     would jeopardize the user's sources and methods.
       (c) End-User Assistance to Exporters.--The Secretary of 
     Commerce shall establish a procedure by which exporters may 
     seek information on questionable end-users.
       (d) Definition of Tier 3 Country.--For purposes of this 
     section, the term ``Tier 3 country'' has the meaning given 
     such term in section 740.7 of title 15, Code of Federal 
     Regulations.
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                 INHOFE (AND OTHERS) AMENDMENT NO. 423

  Mr. COVERDELL (for Mr. Inhofe, for himself, Mr. Coverdell, Mr. 
Cleland, and Mr. Bennett) proposed an amendment to the bill, S. 936, 
supra; 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:

     ``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.   . 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.   . 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

[[Page S6046]]

     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).''.
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                 GORTON (AND MURRAY) AMENDMENT NO. 424

  (Ordered to lie on the table.)
  Mr. GORTON (for himself and Mrs. Murray) submitted an amendment 
intended to be proposed by them to the bill, S. 936, supra; as follows:

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

     SEC. 1014. SELECTION PROCESS FOR DONATION OF THE USS 
                   MISSOURI.

       (a) Findings.--Congress makes the following findings:
       (1) The USS Missouri is a ship of historical significance 
     that commands considerable public interest.
       (2) The Navy has undertaken to donate the USS Missouri to a 
     recipient that would memorialize the ship's historical 
     significance appropriately and has selected a recipient 
     pursuant to that undertaking.
       (3) More than one year after the applicants for selection 
     began working on their proposals in accordance with 
     requirements previously specified by the Navy, the Navy 
     imposed two additional requirements and afforded the 
     applicants only two weeks to respond to the new requirements, 
     requirement never previously used in any previous donations 
     process.
       (4) Despite the inadequacy of the opportunity afforded 
     applicants to comply with the two new requirement, and 
     without informing the applicants of the intention to do so, 
     the Navy officials gave three times as much weight to the new 
     requirements than they did to their own original requirements 
     in evaluating the applicants.
       (5) Moreover, Navy officials revised the evaluation 
     subcriteria for the ``public benefits'' requirements after 
     all applications had been submitted and reviewed, thereby 
     never giving applicants an opportunity to address their 
     applications to the revised subcriteria.
       (6) The General Accounting Office criticized the revised 
     process for inadequate notice and causing all applications to 
     include inadequate information.
       (7) In spite of the GAO criteria, the Navy has refused to 
     reopen its donation process for the Missouri.
       (b) New Donee Selection Process.--(1) The Secretary of the 
     Navy shall--
       (A) set aside the selection of a recipient for donation of 
     the USS Missouri;
       (B) initiate a new opportunity for application and 
     selection of a recipient for donation of the USS Missouri 
     that opens not later than 30 days after the date of the 
     enactment of this Act; and
       (C) in the new application and selection effort--
       (i) disregard all applications received, and evaluations 
     made of those applications, before the new opportunity is 
     opened;
       (ii) permit any interested party to apply for selection as 
     the donee of the USS Missouri; and
       (iii) ensure that all requirements, criteria, and 
     evaluation methods, including the relative importance of each 
     requirement and criterion, are clearly communicated to each 
     applicant.
       (2) After the date on which the new opportunity for 
     application and selection for donation of the USS Missouri is 
     opened, the Navy may not add to or revise the requirements 
     and evaluation criteria that are applicable in the selection 
     process on that date.

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