[Congressional Record Volume 143, Number 94 (Monday, July 7, 1997)]
[Senate]
[Pages S6919-S6952]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

      DEPARTMENT OF DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1997

                                 ______
                                 

                 MURRAY (AND OTHERS) AMENDMENT NO. 593

  (Ordered to lie on the table.)
  Mrs. MURRAY (for herself, Mrs. Snowe, Mr. Robb, Mr. Kennedy, and Mr. 
Lautenberg) submitted an amendment intended to be proposed by them 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:

       At the end of title VII add the following:

     SEC. 708. RESTORATION OF PREVIOUS POLICY REGARDING 
                   RESTRICTIONS ON USE OF DEPARTMENT OF DEFENSE 
                   MEDICAL FACILITIES.

       Section 1093 of title 10, United States Code, is amended--
       (1) by striking out subsection (b); and
       (2) in subsection (a), by striking out ``(a) Restrictions 
     on Use of Funds.--''.
                                 ______
                                 

                     WYDEN AMENDMENTS NOS. 594-595

  (Ordered to lie on the table.)
  Mr. WYDEN submitted two amendments intended to be proposed by him to 
the bill, S. 936, supra; as follows:

                           Amendment No. 594

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

     SEC. 1075. RESTRICTIONS ON USE OF HUMANS AND EXPERIMENTAL 
                   SUBJECTS IN BIOLOGICAL AND CHEMICAL WEAPONS 
                   RESEARCH.

       (a) Prohibited Activities.--no officer or employee of the 
     United States may, directly or by contract--
       (1) conduct any test or experiment involving the use of any 
     chemical or biological agent on a civilian population; or
       (2) otherwise conduct any testing of biological or chemical 
     agents on human subjects.
       (b) Inapplicability to Certain Actions.--The prohibition in 
     subsection (a) does not apply to any action carried out for 
     any of the following purposes:
       (1) Any peaceful purpose that is related to a medical, 
     therapeutic, pharmaceutical, agricultural, industrial, 
     research, or other activity.
       (2) Any purpose that is directly related to protection 
     against toxic chemical and to protection against chemical 
     weapons.
       (3) Any military purpose of the United States that is not 
     connected with the use of a chemical weapon and is not 
     dependent on the use of the toxic or poisonous properties of 
     the chemical weapon to cause death or other harm.
       (4) Any law enforcement purpose, including any domestic 
     riot control purpose and any imposition of capital 
     punishment.
       (c) Biological Agent Defined.--In this section, the term 
     ``biological agent'' means any micro-organism (including 
     bacteria, viruses, fungi, rickettsiac, or protozoa), 
     pathogen, or infectious substance, and any naturally 
     occurring, bioengineered, or synthesized component of any 
     such micro-organism, pathogen, or infectious substance, 
     whatever its origin or method of production, that is capable 
     of causing--
       (1) death, disease, or other biological malfunction in a 
     human, an animal, a plant, or another living organism;
       (2) deterioration of food, water, equipment, supplies, or 
     materials of any kind; or
       (3) deleterious alteration of the environment.
       (d) Report and Certification.--Section 1703(b) of the 
     National Defense Authorization Act for Fiscal Year 1994 (50 
     U.S.C. 1523(b)) is amended by adding at the end the 
     following:
       ``(9) A description of any program involving the testing of 
     biological or chemical agents on human subjects that was 
     carried out by the Department of Defense during the period 
     covered by the report, together with a detailed justification 
     for the testing, a detailed explanation of the purposes of 
     the testing, the chemical or biological agents tested, and 
     the Secretary's certification that informed consent to the 
     testing was obtained from each human subject in advance of 
     the testing on that subject.''.
       (e) Repeal of Duplicative, Superseded, and Executed Laws.--
     (1) Section 808 of the Department of Defense Appropriation 
     Authorization Act, 1978 (50 U.S.C. 1520) is repealed.
       (2)(A) Section 980 of title 10, United States Code, is 
     repealed.
       (B) The table of sections at the beginning of chapter 49 of 
     such title is amended by striking out the item relating to 
     section 980.
                                                                    ____


                           Amendment No. 595

       At the end of subtitle E of tile X, add the following:

     SEC.   . SUPPORT FOR FAMILIES OF VICTIMS OF MILITARY AIRCRAFT 
                   DISASTERS.

       (a) Notification Requirements.--(1) Chapter 88 of title 10, 
     United States Code, is amended by adding at the end the 
     following:

                    ``SUBCHAPTER III--MISCELLANEOUS

``Sec.
``2000. Assistance for families of victims of military aircraft 
              disasters.

     Sec. 2000. Assistance for families of victims of military 
       aircraft disasters

       ``(a) Responsibilities of Secretary of Defense.--(1) In the 
     case of an accident involving an aircraft of the armed forces 
     that results in any loss of life of Department of Defense 
     personnel, the Secretary of Defense shall have the primary 
     responsibility within the Federal Government for facilitating 
     the recovery and identification of the personnel.
       ``(2) Immediately after being notified of such an accident, 
     the Secretary of Defense shall--
       ``(A) designate an employee of the Department of Defense as 
     the director of family support services for the accident to 
     carry out the responsibilities set forth in subsection (b); 
     and
       ``(B) designate an organization described in subsection (c) 
     as the coordinator of family care for the accident to carry 
     out the responsibilities set forth in that subsection.
       ``(3) During the investigation of the accident by the 
     Department of Defense, the Secretary of Defense shall ensure 
     that the members of the families of persons involved in the 
     accident--
       ``(A) are briefed about the accident, its causes, and any 
     other findings from the investigation before any public 
     briefing on such matters is provided; and
       ``(B) are individually informed of, and allowed to attend, 
     any public hearings and meetings of the Department of Defense 
     about the accident.
       ``(b) Director of Family Support Services.--(1) The 
     director of family support services designated for an 
     aircraft accident under subsection (a)(2)(A) shall be the 
     point of contact for the Federal Government for providing the 
     families of victims of the accident with information on the 
     accident and the assistance available to the families from 
     the Federal Government. The Secretary of Defense shall ensure 
     that the director's name and telephone number are publicized.
       ``(2) As soon as is practicable after the occurrence of the 
     accident, the director of family support services shall 
     compile a list of the persons who were aboard the aircraft 
     involved in the accident. The list shall be compiled from the 
     best information available within the Department of Defense 
     when compiled.
       ``(c) Coordinator of Family Care.--(1) The organization 
     designated as the coordinator of family care for an accident 
     under subsection (a)(2)(B) shall be an independent nonprofit 
     organization with experience in disasters and post-trauma 
     communication with families of victims of disasters. The 
     Secretary of Defense may enter into any contract or other 
     agreement that is necessary to engage such an organization to 
     serve as the coordinator of family care for the accident.
       ``(2) The coordinator of family care for an accident shall 
     have the primary responsibility for coordinating the 
     emotional care and support of the families of victims of the 
     accident. To carry out its responsibility, the coordinator 
     shall have the following duties:
       ``(A) To provide mental health and counseling services, in 
     coordination with the disaster response team of the 
     Department of Defense.
       ``(B) To take such actions as may be necessary to afford 
     the families a meaningful opportunity to grieve privately.
       ``(C) To meet with families who travel to the location of 
     the accident, to contact the families who do not travel to 
     such location, and to contact all of the families 
     periodically until such time as the organization, in 
     consultation with the director of family support services 
     designated for the accident under subsection (a)(2)(A), 
     determines that further assistance is no longer needed.
       ``(D) To inform the families on the roles of the 
     coordinator of family care, the Department of Defense, and 
     other Federal Government agencies with respect to the 
     accident and the post-accident activities.
       ``(E) To arrange a suitable memorial service, in 
     consultation with the families.
       ``(4) To the maximum extent practicable--
       ``(A) the Secretary of Defense shall provide the 
     coordinator of family care with resources of the Department 
     of Defense to support the coordinator in the performance of 
     its responsibilities; and
       ``(B) the coordinator shall coordinate its activities with 
     the Department of Defense for that purpose.
       ``(d) List of Victims.--(1) As soon as the director of 
     family support services for an aircraft accident compiles a 
     list of persons involved in the accident under subsection 
     (b)(2), the director shall make the list available to the 
     coordinator of family care for the accident. The coordinator 
     may request the

[[Page S6920]]

     director to provide the list to the coordinator.
       ``(2) The director of family support services or the 
     coordinator of family care shall provide the name of a person 
     on the list to the family of that person if the director or 
     the organization, respectively, considers it appropriate to 
     do so.
       ``(3) Neither the director nor the organization may 
     disclose the name of any person on the list to any person not 
     authorized to receive the information under paragraph (1) or 
     (2).
       ``(e) Prohibited Actions.--(1) No person, State, or 
     political subdivision of a State may impede--
       ``(A) the Department of Defense (including the director of 
     family support services designated for an accident under 
     subsection(a)(2)(A)) or a coordinator of family care 
     designated for an accident under subsection (a)(2)(B) in the 
     performance of responsibilities under this section: or
       ``(B) the ability of any member of a family of a person 
     involved in the accident to contact any member of a family of 
     any other person involved in the accident.
       ``(2) No attorney and no potential party to litigation 
     regarding an accident described in subsection (a) may 
     communicate with any person injured in the accident, or any 
     relative of a person involved in the accident, within 30 days 
     after the date of the accident unless the communication is 
     solicited by that person or relative of a person.
       ``(g) Aircraft Accident Defined.--In this section, the term 
     `aircraft accident' means any Department of Defense aviation 
     disaster regardless of its cause or suspected cause.''.
       (2) The table of subchapters at the beginning of such 
     chapter is amended by adding at the end the following:

``III. Miscellaneous.............................................2000''

       (b) Review of Aviation Safety Procedures.--Not later than 
     120 days after the date of the enactment of this Act, the 
     Secretary of Defense shall review the aviation safety and 
     maintenance procedures of the Department of Defense and 
     submit to Congress a report on the Secretary's findings 
     resulting from the review, including any recommendations for 
     improving aviation safety maintenance and procedures.
                                 ______
                                 

                        LEAHY AMENDMENT NO. 596

  (Ordered to lie on the table.)
  Mr. LEAHY submitted an amendment intended to be proposed by him to 
the bill, S. 936, supra; as follows:

       On page 382, line 15, strike out ``$155,416,000'' and 
     insert in lieu thereof ``$162,135,000''.
                                 ______
                                 

                         BYRD AMENDMENT NO. 597

  (Ordered to lie on the table.)
  Mr. BYRD submitted an amendment intended to be proposed by him to the 
bill, S. 936, supra; as follows:

       In section 301(9), strike out ``$1,624,420,000'' and insert 
     in lieu thereof ``$1,631,200,000''.
       In section 301(11), strike out ``$2,991,219,000'' and 
     insert in lieu thereof ``$3,004,282,000''.
       In section 411(a)(5), strike out ``107,377'' and insert in 
     lieu thereof ``108,002''.
       In section 411(a)(6), strike out ``73,431'' and insert in 
     lieu thereof ``73,542''.
       In section 412(5), strike out ``10,616'' and insert in lieu 
     thereof ``10,671''.
       At the end of subtitle B of title IV, add the following:

     SEC. 413. ADDITION TO END STRENGTHS FOR MILITARY TECHNICIANS.

       (a) Air National Guard.--In addition to the number of 
     military technicians for the Air National Guard of the United 
     States as of the last day of fiscal year 1998 for which funds 
     are authorized to be appropriated in this Act, 100 military 
     technicians are authorized for fiscal year 1998 for five Air 
     National Guard C-130 aircraft units.
       (b) Air Force Reserve.--In addition to the number of 
     military technicians for the Air Force Reserve as of the last 
     day of fiscal year 1998 for which funds are authorized to be 
     appropriated in this Act, 21 military technicians are 
     authorized for fiscal year 1998 for three Air Force Reserve 
     C-130 aircraft units.
       On page 108, line 11, reduce the amount by $20,000,000.
                                 ______
                                 

                         DODD AMENDMENT NO. 598

  (Ordered to lie on the table.)
  Mr. DODD submitted an amendment intended to be proposed by him to the 
bill, S. 936, supra; as follows:

       On page 226, between lines 2 and 3, insert the following:
                   Subtitle B--Persian Gulf Illnesses

     SEC. 721. DEFINITIONS.

       For purposes of this subtitle:
       (1) The term ``Gulf War illness'' means any one of the 
     complex of illnesses and symptoms that might have been 
     contracted by members of the Armed Forces as a result of 
     service in the Southwest Asia theater of operations during 
     the Persian Gulf War.
       (2) The term ``Persian Gulf War'' has the meaning given 
     that term in section 101 of title 38, United States Code.
       (3) The term ``Persian Gulf veteran'' means an individual 
     who served on active duty in the Armed Forces in the 
     Southwest Asia theater of operations during the Persian Gulf 
     War.
       (4) The term ``contingency operation'' has the meaning 
     given that term in section 101(a) of title 10, United States 
     Code, and includes a humanitarian operation, peacekeeping 
     operation, or similar operation.

     SEC. 722. PLAN FOR HEALTH CARE SERVICES FOR PERSIAN GULF 
                   VETERANS.

       (a) Plan Required.--The Secretary of Defense and the 
     Secretary of Veterans Affairs, acting jointly, shall prepare 
     a plan to provide appropriate health care to Persian Gulf 
     veterans (and their dependents) who suffer from a Gulf War 
     illness.
       (b) Content of Plan.--In preparing the plan, the 
     Secretaries shall--
       (1) use the presumptions of service connection and illness 
     specified in paragraphs (1) and (2) of section 721(d) of the 
     National Defense Authorization Act for Fiscal Year 1995 
     (Public Law 103-337; 10 U.S.C. 1074 note) to determine the 
     Persian Gulf veterans (and the dependents of Persian Gulf 
     veterans) who should be covered by the plan;
       (2) consider the need and methods available to provide 
     health care services to Persian Gulf veterans who are no 
     longer on active duty in the Armed Forces, such as Persian 
     Gulf veterans who are members of the reserve components and 
     Persian Gulf veterans who have been separated from the Armed 
     Forces; and
       (3) estimate the costs to the Government of providing full 
     or partial health care services under the plan to covered 
     Persian Gulf veterans (and their covered dependents).
       (c) Followup Treatment.--The plan required by subsection 
     (a) shall specifically address the measures to be used to 
     monitor the quality, appropriateness, and effectiveness of, 
     and patient satisfaction with, health care services provided 
     to Persian Gulf veterans after their initial medical 
     examination as part of registration in the Persian Gulf War 
     Veterans Health Registry or the Comprehensive Clinical 
     Evaluation Program.
       (d) Submission of Plan.--Not later than March 1, 1998, the 
     Secretaries shall submit to Congress the plan required by 
     subsection (a).

     SEC. 723. COMPTROLLER GENERAL STUDY OF REVISED DISABILITY 
                   CRITERIA FOR PHYSICAL EVALUATION BOARDS.

       Not later than March 1, 1998, the Comptroller General shall 
     submit to Congress a study evaluating the revisions that were 
     made by the Secretary of Defense to the criteria used by 
     physical evaluation boards to set disability ratings for 
     members of the Armed Forces who are no longer medically 
     qualified for continuation on active duty so as to ensure 
     accurate disability ratings related to a diagnosis of a 
     Persian Gulf illness pursuant to section 721(e) of the 
     National Defense Authorization Act for Fiscal Year 1995 
     (Public Law 103-337; 10 U.S.C. 1074 note).

     SEC. 724. IMPROVED MEDICAL TRACKING SYSTEM FOR MEMBERS 
                   DEPLOYED OVERSEAS IN CONTINGENCY OR COMBAT 
                   OPERATIONS.

       (a) System Required.--Chapter 55 of title 10, United States 
     Code, is amended by inserting after section 1074d the 
     following new section:

     ``Sec. 1074e. Medical tracking system for members deployed 
       overseas

       ``(a) System Required.--The Secretary of Defense shall 
     establish a system to assess the medical condition of members 
     of the armed forces (including members of the reserve 
     components) who are deployed outside the United States or its 
     territories or possessions as part of a contingency operation 
     (including a humanitarian operation, peacekeeping operation, 
     or similar operation) or combat operation.
       ``(b) Elements of System.--The system shall include the use 
     of predeployment medical examinations and postdeployment 
     medical examinations (including an assessment of mental 
     health and the drawing of blood samples) to accurately record 
     the medical condition of members before their deployment and 
     any changes in their medical condition during the course of 
     their deployment. The postdeployment examination shall be 
     conducted when the member is redeployed or otherwise leaves 
     an area in which the system is in operation (or as soon as 
     possible thereafter).
       ``(c) Recordkeeping.--The results of all medical 
     examinations conducted under the system, records of all 
     health care services (including immunizations) received by 
     members described in subsection (a) in anticipation of their 
     deployment or during the course of their deployment, and 
     records of events occurring in the deployment area that may 
     affect the health of such members shall be retained and 
     maintained in a centralized location to improve future access 
     to the records.
       ``(d) Quality Assurance.--The Secretary of Defense shall 
     establish a quality assurance program to evaluate the success 
     of the system in ensuring that members described in 
     subsection (a) receive predeployment medical examinations and 
     postdeployment medical examinations and that the 
     recordkeeping requirements are met.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 1074d the following new item:

``1074e. Medical tracking system for members deployed overseas.''.

     SEC. 725. REPORT ON PLANS TO TRACK LOCATION OF MEMBERS IN A 
                   THEATER OF OPERATIONS.

       Not later than March 1, 1998, the Secretary of Defense 
     shall submit to Congress a report containing a plan for 
     collecting and maintaining information regarding the daily 
     location of units of the Armed Forces, and to the

[[Page S6921]]

     extent practicable individual members of such units, serving 
     in a theater of operations during a contingency operation or 
     combat operation.

     SEC. 726. REPORT ON PLANS TO IMPROVE DETECTION AND MONITORING 
                   OF CHEMICAL, BIOLOGICAL, AND SIMILAR HAZARDS IN 
                   A THEATER OF OPERATIONS.

       Not later than March 1, 1998, the Secretary of Defense 
     shall submit to Congress a report containing a plan regarding 
     the deployment, in a theater of operations during a 
     contingency operation or combat operation, of a specialized 
     unit of the Armed Forces with the capability and expertise to 
     detect and monitor the presence of chemical hazards, 
     biological hazards, and similar hazards to which members of 
     the Armed Forces may be exposed.

     SEC. 727. NOTICE OF USE OF INVESTIGATIONAL NEW DRUGS.

       (a) Notice Requirements.--Chapter 55 of title 10, United 
     States Code, is amended by adding at the end the following 
     new section:

     ``Sec. 1107. Notice of use of investigational new drugs

       ``(a) Notice Required.--(1) Whenever the Secretary of 
     Defense requests or requires a member of the armed forces to 
     receive an investigational new drug, the Secretary shall 
     provide the member with notice containing the information 
     specified in subsection (d).
       ``(2) The Secretary shall also ensure that medical care 
     providers who administer an investigational new drug or who 
     are likely to treat members who receive an investigational 
     new drug receive the information required to be provided 
     under paragraphs (3) and (4) of subsection (d).
       ``(b) Time for Notice.--The notice required to be provided 
     to a member under subsection (a)(1) shall be provided before 
     the investigational new drug is first administered to the 
     member, if practicable, but in no case later than 30 days 
     after the investigational new drug is first administered to 
     the member.
       ``(c) Form of Notice.--The notice required under subsection 
     (a)(1) shall be provided in writing unless the Secretary of 
     Defense determines that the use of written notice is 
     impractical because of the number of members receiving the 
     investigational new drug, time constraints, or similar 
     reasons. If the Secretary provides notice under subsection 
     (a)(1) in a form other than in writing, the Secretary shall 
     submit to Congress a report describing the notification 
     method used and the reasons for the use of the alternative 
     method.
       ``(d) Content of Notice.--The notice required under 
     subsection (a)(1) shall include the following:
       ``(1) Clear notice that the drug being administered is an 
     investigational new drug.
       ``(2) The reasons why the investigational new drug is being 
     administered.
       ``(3) Information regarding the possible side effects of 
     the investigational new drug, including any known side 
     effects possible as a result of the interaction of the 
     investigational new drug with other drugs or treatments being 
     administered to the members receiving the investigational new 
     drug.
       ``(4) Such other information that, as a condition for 
     authorizing the use of the investigational new drug, the 
     Secretary of Health and Human Services may require to be 
     disclosed.
       ``(e) Records of Use.--The Secretary of Defense shall 
     ensure that the medical records of members accurately 
     document the receipt by members of any investigational new 
     drug and the notice required by subsection (d).
       ``(f) Definition.--In this section, the term 
     `investigational new drug' means a drug covered by section 
     505(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
     355(i)).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``1107. Notice of use of investigational new drugs.''.

     SEC. 728. REPORT ON EFFECTIVENESS OF RESEARCH EFFORTS 
                   REGARDING GULF WAR ILLNESSES.

       Not later than March 1, 1998, the Secretary of Defense 
     shall submit to Congress a report evaluating the 
     effectiveness of medical research initiatives regarding Gulf 
     War illnesses. The report shall address the following:
       (1) The type and effectiveness of previous research 
     efforts, including the activities undertaken pursuant to 
     section 743 of the National Defense Authorization Act for 
     Fiscal Year 1997 (Public Law 104-201; 10 U.S.C. 1074 note), 
     section 722 of the National Defense Authorization Act for 
     Fiscal Year 1995 (Public Law 103-337; 10 U.S.C. 1074 note), 
     and sections 270 and 271 of the National Defense 
     Authorization Act for Fiscal Year 1994 (Public Law 103-160; 
     107 Stat. 1613).
       (2) Recommendations regarding additional research regarding 
     Gulf War illnesses, including research regarding the nature 
     and causes of Gulf War illnesses and appropriate treatments 
     for such illnesses.
       (3) The adequacy of Federal funding and the need for 
     additional funding for medical research initiatives regarding 
     Gulf War illnesses.

     SEC. 729. PERSIAN GULF ILLNESS CLINICAL TRIALS PROGRAM.

       (a) Findings.--Congress finds the following:
       (1) There are many ongoing studies that investigate risk 
     factors which may be associated with the health problems 
     experienced by Persian Gulf veterans; however, there have 
     been no studies that examine health outcomes and the 
     effectiveness of the treatment received by such veterans.
       (2) The medical literature and testimony presented in 
     hearings on Gulf War illnesses indicate that there are 
     therapies, such as cognitive behavioral therapy, that have 
     been effective in treating patients with symptoms similar to 
     those seen in many Persian Gulf veterans.
       (b) Establishment of Program.--The Secretary of Defense and 
     the Secretary of Veterans Affairs, acting jointly, shall 
     establish a program of cooperative clinical trials at 
     multiple sites to assess the effectiveness of protocols for 
     treating Persian Gulf veterans who suffer from ill-defined or 
     undiagnosed conditions. Such protocols shall include a 
     multidisciplinary treatment model, of which cognitive 
     behavioral therapy is a component.
       (c) Funding.--Of the amount authorized to be appropriated 
     in section 201(1), the sum of $4,500,000 shall be available 
     for program element 62787A (medical technology) in the budget 
     of the Department of Defense for fiscal year 1998 to carry 
     out the clinical trials program established pursuant to 
     subsection (b).
       On page 217, between lines 15 and 16, insert the following:
                      Subtitle A--General Matters
                                 ______
                                 

                MOYNIHAN (AND D'AMATO) AMENDMENT NO. 599

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

       On page 409, between lines 13 and 14, insert the following:

     SEC. 2819. LAND CONVEYANCE, HANCOCK FIELD, SYRACUSE, NEW YORK

       (a) Conveyance Authorized.--The Secretary of the Air Force 
     may convey, without consideration, to Onondaga County, New 
     York (in this section referred to as the ``County''), all 
     right, title, and interest of the United States in and to a 
     parcel of real property, including any improvements thereon, 
     consisting of approximately 14.9 acres and located at Hancock 
     Field, Syracuse, New York, the site of facilities no longer 
     required for use by the 152nd Air Control Group of the New 
     York Air National Guard.
       (b) Description of Property.--The exact acreage and legal 
     description of the property to be conveyed under subsection 
     (a) shall be determined by a survey satisfactory to the 
     Secretary. The cost of the survey shall be borne by the 
     County.
       (c) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                 ______
                                 

                     ROCKEFELLER AMENDMENT NO. 600

  (Ordered to lie on the table.)
  Mr. ROCKEFELLER submitted an amendment intended to be proposed by him 
to the bill, S. 936, supra; as follows:

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

     SEC.   . EYE SAFETY AT SMALL ARMS FIRING RANGES.

       (a) Actions Required.--The Secretary of the Defense shall--
       (1) conduct a study of eye safety at small arms firing 
     ranges of the Armed Forces; and
       (2) develop for the use of the Armed Forces a protocol for 
     reporting eye injuries incurred in small arms firing 
     activities at the ranges.
       (b) Agency Tasking.--The Secretary may delegate authority 
     to carry out the responsibilities set forth in subsection (a) 
     to the United States Army Center for Health Promotion and 
     Preventive Medicine or any other element of the Department of 
     Defense that the Secretary considers well qualified to carry 
     out those responsibilities.
       (c) Content of Study.--The study shall include the 
     following:
       (1) An evaluation of the existing policies, procedures, and 
     practices of the Armed Forces regarding medical surveillance 
     of eye injuries resulting from weapons fire at the small arms 
     ranges.
       (2) An examination of the existing policies, procedures, 
     and practices of the Armed Forces regarding reporting on 
     vision safety issues resulting from weapons fire at the small 
     arms ranges.
       (3) Determination of rates of eye injuries, and trends in 
     eye injuries, resulting from weapons fire at the small arms 
     ranges.
       (4) An evaluation of the costs and benefits of a 
     requirement for use of eye protection devices by all 
     personnel firing small arms at the ranges.
       (d) Report.--The Secretary shall submit a report on the 
     activities required under this section to the Committees on 
     Armed Services and on Veterans' Affairs of the Senate and the 
     Committees on National Security and on Veterans' Affairs of 
     the House of Representatives. The report shall include--
       (1) the findings resulting from the study required under 
     paragraph (1) of subsection (a); and
       (2) the protocol developed under paragraph (2) of such 
     subsection.
       (e) Schedule.--(1) The Secretary shall ensure that the 
     study is commenced not later

[[Page S6922]]

     than October 1, 1997, and is completed within six months 
     after it is commenced.
       (2) The Secretary shall submit the report required under 
     subsection (d) not later than 30 days after the completion of 
     the study.
                                 ______
                                 

                 CONRAD (AND OTHERS) AMENDMENT NO. 601

  (Ordered to lie on the table.)
  Mr. CONRAD (for himself, Mr. Dorgan, Mr. Breaux, and Ms. Landrieu) 
submitted an amendment intended to be proposed by them to the bill, S. 
936, supra; as follows:

       At the end of subtitle E of title I, add the following:

     SEC. 144. AIR FORCE AIRCRAFT ENGINE MODERNIZATION PROGRAM.

       (a) Engine Replacement Program.--(1) The Secretary of the 
     Air Force may carry out an acquisition reform demonstration 
     program to replace existing engines on B-52H aircraft in 
     active service with commercial aircraft engines. Any such 
     replacement engine may only be an engine that is a commercial 
     item described in section 4(12)(A) of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 403(12)(A)).
       (2) An engine modernization program carried out under this 
     section may include (in addition to other elements) any or 
     all of the following elements:
       (A) Integration of replacement engines and related 
     equipment into existing aircraft and testing of the 
     integrated engines and related equipment.
       (B) Fabrication and installation of the replacement engines 
     and related equipment.
       (C) Acquisition of the replacement engines and related 
     equipment by means of leasing under commercial terms and 
     conditions, including commercial terms and conditions 
     pertaining to indemnification.
       (D) Acquisition of the logistical support for the 
     replacement engines and related equipment.
       (b) Multiple Contracts Authorized.--The Secretary may enter 
     into more than one contract for the purposes of subsection 
     (a).
       (c) Lease Terms and Conditions.--(1) A contract for the 
     lease of aircraft engines and related equipment under this 
     section may be for a period not to exceed 20 years.
       (2) Any contract for the lease of aircraft engines and 
     related equipment under this section may provide for the 
     termination liability of the United States under the 
     contract. Any such termination liability shall be subject to 
     a limitation in the contract that any obligation of the 
     United States to pay the termination liability is subject to 
     the availability of funds specifically appropriated for that 
     purpose pursuant to an authorization of appropriations 
     specifically for that purpose.
       (3)(A) Any contract for the lease of aircraft engines and 
     related equipment entered into under this section may provide 
     for the United States to indemnify the lessor for any covered 
     loss (except as provided in subparagraph (C)).
       (B) A covered loss under this paragraph may, to the extent 
     provided in the contract, include any loss, injury, or damage 
     to the lessor, any employee of the lessor, or any third 
     party, or to any property of the lessor or a third party, 
     that arises out of, or is related to, the lease.
       (C) Any such requirement for indemnification shall be 
     subject to a limitation in the contract that any obligation 
     of the United States to pay such indemnification is subject 
     to the availability of funds specifically appropriated for 
     that purpose pursuant to an authorization of appropriations 
     specifically for that purpose.
       (D) The United States shall be required to indemnify a 
     lessor, and a contract under this section may not obligate 
     the United States to indemnify a lessor, for a loss, injury, 
     or damage that is caused by willful misconduct of 
     managerial personnel of the lessor or of the engine 
     supplier.
       (d) Source of Funds.--Notwithstanding any other provision 
     of law (including any law regarding fiscal year limitations), 
     payments under any such contract for a fiscal year may be 
     made from funds appropriated for the Air Force for that 
     fiscal year for operations and maintenance.
       (e) Waiver of Certain Provisions of Law.--The Secretary of 
     the Air Force may enter into contracts and incur obligations 
     under this section without regard to the following provisions 
     of law:
       (1) The limitations on making and authorizing an obligation 
     and involving the United States in a contract or obligation 
     that are set forth in section 1341 of title 31, United States 
     Code.
       (2) The limitations on accepting voluntary services and 
     employing personal services that are set forth in section 
     1342 of such title.
       (3) The limitations on availability of funds that are set 
     forth in section 1502 of such title.
       (4) Any apportionment or other division of appropriations, 
     any other administrative restriction, and any reporting 
     requirement that, but for this paragraph, would otherwise 
     apply to the contract or obligation under subchapter II of 
     chapter 15 of such title.
       (5) The limitations on contracting and purchasing that are 
     set forth in section 3732(a) of the Revised Statutes (41 
     U.S.C. 11(a)).
       (f) Budgetary Treatment of Leases.--(1) The Secretary of 
     Defense, the Secretary of the Air Force, and the Director of 
     the Office of Management and Budget shall treat a contract 
     for a lease entered into pursuant to this section as an 
     operating lease for all purposes of the Federal budget 
     without regard to any provision of law relating to the 
     Federal budget, including part C of title II of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     900 et seq.) and any regulation or directive (including any 
     directive of the Office of Management and Budget) issued 
     thereunder.
       (2) The Secretary may enter into contracts under this 
     section only to the extent, and in the amount, specifically 
     provided in an Act enacted after the date of the enactment of 
     this Act. A provision in an Act enacted after the date of the 
     enactment of this Act that provides specific authority to 
     enter into a contract under this section, subject to a 
     specific maximum dollar amount, shall not be considered to be 
     budget authority for any purpose, and appropriations provided 
     in annual appropriations Acts for payments of United States 
     obligations under such a contract as those payments become 
     due shall be considered to be budget authority.
       (g) Prior Congressional Notification.--Before entering into 
     a contract under this section, the Secretary shall notify the 
     congressional defense committees and the Committees on the 
     Budget of the Senate and House of Representatives of the 
     Secretary's intent to enter into the contract and certify to 
     those committees that such contract is in the national 
     interest. The contract may then be entered into only after 
     the end of the 30-day period beginning on the date of such 
     notification and certification.
                                 ______
                                 

                 CONRAD (AND OTHERS) AMENDMENT NO. 602

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

       At the end of title X, add the following:

     SEC.   . CLAIMS BY MEMBERS OF THE ARMED FORCES FOR LOSS OF 
                   PERSONAL PROPERTY DUE TO FLOODING IN THE RED 
                   RIVER BASIN.

       (a) Findings.--Congress makes the following findings:
       (1) The flooding that occurred in the portion of the Red 
     River Basin encompassing East Grand Forks, Minnesota, and 
     Grand Forks, North Dakota, during April and May 1997 is the 
     worst flooding to occur in that region in the last 500 years.
       (2) Over 700 military personnel stationed in the vicinity 
     of Grand Forks Air Force Base reside in that portion of the 
     Red River Basin.
       (3) The military personnel stationed in the vicinity of 
     Grand Forks Air Force Base have been stationed there entirely 
     for the convenience of the Government.
       (4) There is insufficient military family housing at Grand 
     Forks Air Force Base for all of those military personnel, and 
     the available off-base housing is almost entirely within the 
     areas adversely affected by the flood.
       (5) Many of the military personnel have suffered 
     catastrophic losses, including total losses of personal 
     property by some of the personnel.
       (6) It is vital to the national security interests of the 
     United States that the military personnel adversely affected 
     by the flood recover as quickly and completely as possible.
       (b) Authorization.--The Secretary of the military 
     department concerned may pay claims for loss and damage to 
     personal property suffered as a direct result of the flooding 
     in the Red River Basin during April and May 1997, by members 
     of the Armed Forces residing in the vicinity of Grand Forks 
     Air Force Base, North Dakota, without regard to the 
     provisions of section 3721(e) of title 31, United States 
     Code.
                                 ______
                                 

                       GRASSLEY AMENDMENT NO. 603

  (Ordered to lie on the table.)
  Mr. GRASSLEY submitted an amendment intended to be proposed by him to 
the bill, S. 936, supra; as follows:

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

     SEC. 1041. REPORT ON COSTS OF EXECUTIVE COMPENSATION 
                   REIMBURSED TO CONTRACTORS.

       (a) Requirement.--Not later than October 1, 1997, the 
     Secretary of Defense shall submit to Congress a report on 
     Department of Defense payments of contract costs attributable 
     to executive compensation.
       (b) Content of Report.--(1) The report shall contain, for 
     each of the five fiscal years preceding fiscal year 1997, the 
     following:
       (A) The total amount of executive compensation that was 
     reimbursed to contractors as allowable costs under Department 
     of Defense contracts.
       (B) The total number of contractor executives whose 
     compensation was reimbursed, in whole or in part, by the 
     payment of such contracts costs.
       (C) The total number of contractors that were paid such 
     costs.
       (D) If any such total amount or number is estimated for the 
     report, a discussion of why the actual total amount or number 
     could not be established.
       (2) The report shall also contain--
       (A) a discussion of whether the information required under 
     subparagraphs (A), (B), and (C) of paragraph (1) is readily 
     available or is difficult to compile; and

[[Page S6923]]

       (B) if it is difficult to compile the information, a 
     discussion of the reasons for the difficulty.
                                 ______
                                 

                        SHELBY AMENDMENT NO. 604

  (Ordered to lie on the table.)
  Mr. SHELBY submitted an amendment intended to be proposed by him to 
the bill, S. 936, supra; as follows:

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

     SEC. 2819. LAND CONVEYANCE, ARMY RESERVE CENTER, GREENSBORO, 
                   ALABAMA.

       (a) Conveyance Authorized.--The Secretary of the Army may 
     convey, without consideration, to Hale County, Alabama, all 
     right, title, and interest of the United States in and to a 
     parcel of real property consisting of approximately 5.17 
     acres and located at the Army Reserve Center, Greensboro, 
     Alabama, that was conveyed by Hale County, Alabama, to the 
     United States by warranty deed September 12, 1988.
       (b) Description of Property.--The exact acreage and legal 
     description of the property conveyed under subsection (a) 
     shall be as described in the deed referred to in that 
     subsection.
       (c) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under this section as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                 ______
                                 

                         KYL AMENDMENT NO. 605

  (Ordered to lie on the table.)
  Mr. KYL submitted an amendment intended to be proposed by him to the 
bill, S. 936, supra; as follows:

       On page 347, between lines 15 and 16, insert the following:

     SEC. 1075. ADVICE TO THE PRESIDENT AND CONGRESS REGARDING THE 
                   SAFETY, SECURITY, AND RELIABILITY OF UNITED 
                   STATES NUCLEAR WEAPONS STOCKPILE.

       (a) Findings.--Congress makes the following findings:
       (1) Nuclear weapons are the most destructive weapons on 
     earth. The United States and its allies continue to rely on 
     nuclear weapons to deter potential adversaries from using 
     weapons of mass destruction. The safety and reliability of 
     the nuclear stockpile are essential to ensure its credibility 
     as a deterrent.
       (2) On September 24, 1996, President Clinton signed the 
     Comprehensive Test Ban Treaty.
       (3) Effective as of September 30, 1996, the United States 
     is prohibited by relevant provisions of the National Defense 
     Authorization Act for Fiscal Year 1993 (Public Law 102-377) 
     from conducting underground nuclear tests ``unless a foreign 
     state conducts a nuclear test after this date, at which time 
     the prohibition on United States nuclear testing is lifted''.
       (4) Section 1436(b) of the National Defense Authorization 
     Act, Fiscal Year 1989 (Public Law 100-456; 42 U.S.C. 2121 
     note) requires the Secretary of Energy to ``establish and 
     support a program to assure that the United States is in a 
     position to maintain the reliability, safety, and continued 
     deterrent effect of its stockpile of existing nuclear weapons 
     designs in the event that a low-threshold or comprehensive 
     test ban on nuclear explosive testing is negotiated and 
     ratified.''.
       (5) Section 3138(d) of the National Defense Authorization 
     Act for Fiscal Year 1994 requires the President to submit an 
     annual report to Congress which sets forth ``any concerns 
     with respect to the safety, security, effectiveness, or 
     reliability of existing United States nuclear weapons raised 
     by the Stockpile Stewardship Program of the Department of 
     Energy''.
       (6) President Clinton declared in July 1993 that ``to 
     assure that our nuclear deterrent remains unquestioned under 
     a test ban, we will explore other means of maintaining our 
     confidence in the safety, reliability, and the performance of 
     our weapons''. This decision was codified in a Presidential 
     Directive.
       (7) Section 3138 of the National Defense Authorization Act 
     for Fiscal Year 1994 also requires that the Secretary of 
     Energy establish a ``stewardship program to ensure the 
     preservation of the core intellectual and technical 
     competencies of the United States in nuclear weapons''.
       (8) The plan of the Department of Energy to maintain the 
     safety and reliability of the United States nuclear stockpile 
     is known as the Stockpile Stewardship and Management Program. 
     This approach is yet unproven. The ability of the United 
     States to maintain warheads without testing will require 
     development of new and sophisticated diagnostic technologies, 
     methods, and procedures. Current diagnostic technologies and 
     laboratory testing techniques are insufficient to certify the 
     future safety and reliability of the United States nuclear 
     stockpile. In the past these laboratory and diagnostic tools 
     were used in conjunction with nuclear testing.
       (9) On August 11, 1995, President Clinton directed ``the 
     establishment of a new annual reporting and certification 
     requirement [to] ensure that our nuclear weapons remain safe 
     and reliable under a comprehensive test ban''.
       (10) On the same day, the President noted that the 
     Secretary of Defense and the Secretary of Energy have the 
     responsibility, after being ``advised by the Nuclear Weapons 
     Council, the Directors of DOE's nuclear weapons laboratories, 
     and the Commander of United States Strategic Command'', to 
     provide the President with the information to make the 
     certification referred to in paragraph (9).
       (11) The Joint Nuclear Weapons Council established by 
     section 179 of title 10, United States Code, is responsible 
     for providing advice to the Secretary of Energy and Secretary 
     of Defense regarding nuclear weapons issues, including 
     ``considering safety, security, and control issues for 
     existing weapons''. The Council plays a critical role in 
     advising Congress in matters relating to nuclear weapons.
       (12) It is essential that the President receive well-
     informed, objective, and honest opinions from his advisors 
     and technical experts regarding the safety, security, and 
     reliability of the nuclear weapons stockpile.
       (b) Policy.--
       (1) In general.--It is the policy of the United States--
       (A) to maintain a safe, secure, and reliable nuclear 
     weapons stockpile; and
       (B) as long as other nations covet or control nuclear 
     weapons or other weapons of mass destruction, to retain a 
     credible nuclear deterrent.
       (2) Nuclear weapons stockpile.--It is in the security 
     interest of the United States to sustain the United States 
     nuclear weapons stockpile through programs relating to 
     stockpile stewardship, subcritical experiments, maintenance 
     of the weapons laboratories, and protection of the 
     infrastructure of the weapons complex.
       (3) Sense of Congress.--It is the sense of Congress that--
       (A) the United States should retain a triad of strategic 
     nuclear forces sufficient to deter any future hostile foreign 
     leadership with access to strategic nuclear forces from 
     acting against our vital interests;
       (B) the United States should continue to maintain nuclear 
     forces of sufficient size and capability to hold at risk a 
     broad range of assets valued by such political and military 
     leaders; and
       (C) the advice of the persons required to provide the 
     President and Congress with assurances of the safety, 
     security and reliability of the nuclear weapons force should 
     be scientifically based, without regard for politics, and of 
     the highest quality and integrity.
       (c) Advice and Opinions Regarding Nuclear Weapons 
     Stockpile.--Any director of a nuclear weapons laboratory or 
     member of the Joint Nuclear Weapons Council, or the Commander 
     of United States Strategic Command, may submit to the 
     President or Congress advice or opinion in disagreement with, 
     or in addition to, the advice presented by the Secretary of 
     Energy or Secretary of Defense to the President, the National 
     Security Council, or Congress, as the case may be, regarding 
     the safety, security, and reliability of the nuclear weapons 
     stockpile.
       (d) Expression of Individual Views.--No representative of a 
     government agency or managing contractor for a nuclear 
     weapons laboratory may in any way constrain a director of a 
     nuclear weapons laboratory, a member of the Joint Nuclear 
     Weapons Council, or the Commander of United States Strategic 
     Command from presenting individual views to the President, 
     the National Security Council, or Congress regarding the 
     safety, security, and reliability of the nuclear weapons 
     stockpile.
       (e) Prohibited Personnel Actions.--No representative of a 
     government agency or managing contractor may take any 
     administrative or personnel action against a director of a 
     nuclear weapons laboratory, a member of the Joint Nuclear 
     Weapons Council, or the Commander of the United States 
     Strategic Command, in order to prevent such individual from 
     expressing views under subsection (c) or (d) or as 
     retribution for expressing such views.
       (f) Definitions.--
       (1) Representative of a government agency.--The term 
     ``representative of a government agency'' means any person 
     employed by, or receiving compensation from, any department 
     or agency of the Federal Government.
       (2) Managing contractor.--The term ``managing contractor'' 
     means the non-government entity specified by contract to 
     carry out the administrative functions of a nuclear weapons 
     laboratory.
       (3) Nuclear weapons laboratory.--The term ``nuclear weapons 
     laboratory'' means any of the following:
       (A) Los Alamos National Laboratory.
       (B) Livermore National Laboratory.
       (C) Sandia National Laboratories.
                                 ______
                                 

                        ALLARD AMENDMENT NO. 606

  (Ordered to lie on the table.)
  Mr. ALLARD submitted an amendment intended to be proposed by him to 
the bill, S. 936, supra; as follows:

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

     SEC. 28  . MODIFICATION OF LAND CONVEYANCE AUTHORITY, ROCKY 
                   MOUNTAIN ARSENAL, COLORADO.

       Section 5(c)(1) of the Rocky Mountain Arsenal National 
     Wildlife Refuge Act of 1992 (Public Law 102-402; 106 Stat. 
     1966; 16 U.S.C. 668dd note) is amended by striking out the 
     second sentence and inserting in lieu thereof the following 
     new sentence: ``The Administrator shall convey the 
     transferred property to Commerce City, Colorado, upon the 
     approval of the City, for consideration equal to

[[Page S6924]]

     the fair market value of the property (as determined jointly 
     by the Administrator and the City).''.
                                 ______
                                 

                         KYL AMENDMENT NO. 607

  (Ordered to lie on the table.)
  Mr. KYL submitted an amendment intended to be proposed by him to the 
bill, S. 936, supra; as follows:

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

     SEC. 1075. LIMITATION ON USE OF COOPERATIVE THREAT REDUCTION 
                   FUNDS FOR DESTRUCTION OF CHEMICAL WEAPONS.

       (a) Limitation.--No funds authorized to be appropriated 
     under this or any other Act for fiscal year 1998 for 
     Cooperative Threat Reduction programs may be obligated or 
     expended for chemical weapons destruction activities, 
     including for the planning, design, or construction of a 
     chemical weapons destruction facility or for the 
     dismantlement of an existing chemical weapons production 
     facility, until the date that is 15 days after a 
     certification is made under subsection (b).
       (b) Presidential Certification.--A certification under this 
     subsection is a certification by the President to Congress 
     that--
       (1) Russia is making reasonable progress toward the 
     implementation of the Bilateral Destruction Agreement;
       (2) the United States and Russia have resolved, to the 
     satisfaction of the United States, outstanding compliance 
     issues under the Wyoming Memorandum of Understanding and the 
     Bilateral Destruction Agreement;
       (3) Russia has fully and accurately declared all 
     information regarding its unitary and binary chemical 
     weapons, chemical weapons facilities, and other facilities 
     associated with chemical weapons;
       (4) Russia has deposited its instrument of ratification of 
     the Chemical Weapons Convention; and
       (5) Russia and the United States have concluded an 
     agreement that--
       (A) provides for a limitation on the United States 
     financial contribution for the chemical weapons destruction 
     activities; and
       (B) commits Russia to pay a portion of the cost for a 
     chemical weapons destruction facility in an amount that 
     demonstrates that Russia has a substantial stake in financing 
     the implementation of both the Bilateral Destruction 
     Agreement and the Chemical Weapons Convention, as called for 
     in the condition provided in section 2(14) of the Senate 
     Resolution entitled ``A resolution to advise and consent to 
     the ratification of the Chemical Weapons Convention, subject 
     to certain conditions'', agreed to by the Senate on April 24, 
     1997.
       (c) Definitions.--In this section:
       (1) The term ``Bilateral Destruction Agreement'' means the 
     Agreement Between the United States of America and the Union 
     of Soviet Socialist Republics on Destruction and 
     Nonproduction of Chemical Weapons and on Measures to 
     Facilitate the Multilateral Convention on Banning Chemical 
     Weapons, signed on June 1, 1990.
       (2) The term ``Chemical Weapons Convention'' means the 
     Convention on the Prohibition of the Development, Production, 
     Stockpiling and Use of Chemical Weapons and on Their 
     Destruction, opened for signature on January 13, 1993.
       (3) The term ``Cooperative Threat Reduction program'' means 
     a program specified in section 1501(b) of the National 
     Defense Authorization Act for Fiscal Year 1997 (Public Law 
     104-201: 110 Stat. 2731; 50 U.S.C. 2362 note).
       (4) The term ``Wyoming Memorandum of Understanding'' means 
     the Memorandum of Understanding Between the Government of the 
     United States of America and the Government of the Union of 
     Soviet Socialist Republics Regarding a Bilateral Verification 
     Experiment and Data Exchange Related to Prohibition on 
     Chemical Weapons, signed at Jackson Hole, Wyoming, on 
     September 23, 1989.
                                 ______
                                 

                    THURMOND AMENDMENTS NOS. 608-609

  (Ordered to lie on the table.)
  Mr. THURMOND submitted two amendments intended to be proposed by him 
to the bill, S. 936, supra; as follows:

                           Amendment No. 608

       At the end of subtitle B of title II, insert the following:

     SEC. 220. F-22 AIRCRAFT PROGRAM.

       Of the funds authorized to be appropriated under section 
     201(3), $1,651,000,000 is available for engineering 
     manufacturing and development of the F-22 aircraft program.
                                                                    ____


                           Amendment No. 609

       On page 37, line 9, strike out ``6,006'' and insert in lieu 
     thereof ``6,206''.
       On page 278, line 12, strike out ``under section 301(20) 
     for fiscal year 1998''.
       On page 365, between lines 18 and 19, insert the following:

     SEC. 2206. INCREASE IN AUTHORIZATION FOR MILITARY 
                   CONSTRUCTION PROJECTS AT ROOSEVELT ROADS NAVAL 
                   STATION, PUERTO RICO.

       (a) Increase.--The table in section 2201(b) of the Military 
     Construction Authorization Act for Fiscal Year 1997 (division 
     B of Public Law 104-201; 110 Stat. 2767) is amended in the 
     amount column of the item relating to Naval Station, 
     Roosevelt Roads, Puerto Rico, by striking out ``$23,600,000'' 
     and inserting in lieu thereof ``$24,100,000''.
       (b) Conforming Amendment.--Section 2204(b)(4) of such Act 
     (110 Stat. 2770) is amended by striking out ``$14,100,000'' 
     and inserting in lieu thereof ``$14,600,000''.
       On page 400, after line 25, insert the following:
       (d) Authority Contingent on Appropriations Acts.--The 
     Secretary may exercise the authority under subsection (a) 
     only to the extent and in the amounts provided in advance in 
     appropriations Acts.
       On page 409, line 23, insert ``, to the extent provided in 
     appropriations Acts,'' after ``shall''.
       On page 417, line 23, strike out ``$1,265,481,000'' and 
     insert in lieu thereof ``$1,266,021,000''.
       On page 418, line 5, strike out ``$84,367,000'' and insert 
     in lieu thereof ``$84,907,000''.
       On page 419, line 17, strike out ``$2,173,000'' and insert 
     in lieu thereof ``$2,713,000''.
       On page 420, strike out lines 3 through 9.
       On page 420, line 10, strike out ``(g)'' and insert in lieu 
     thereof ``(f)''.
       On page 421, line 10, strike out ``$54,000,000'' and insert 
     in lieu thereof ``$35,000,000''.
       On page 481, line 16, insert ``of the Supervisory Board of 
     the'' before ``Commission''.
                                 ______
                                 

                        INOUYE AMENDMENT NO. 610

  (Ordered to lie on the table.)
  Mr. INOUYE submitted an amendment intended to be proposed by him to 
the bill, S. 936, supra; as follows:

       On page 366, in the table following line 5, insert after 
     the item relating to Robins Air Force Base, Georgia, the 
     following new item:

------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
Hawaii......................  Bellows Air Force Station....   $5,232,000
------------------------------------------------------------------------

       On page 366, in the table following line 5, strike out 
     ``$540,920,000'' in the amount column in the item relating to 
     the total and insert in lieu thereof ``$542,152,000''.
       On page 369, line 9, strike out ``$1,793,949,000'' and 
     insert in lieu thereof ``$1,799,181,000''.
       On page 369, line 13, strike out ``$540,920,000'' and 
     insert in lieu thereof ``$546,152,000''.
                                 ______
                                 

                    KENNEDY AMENDMENTS NOS. 611-613

  (Ordered to lie on the table.)
  Mr. KENNEDY submitted three amendments to be proposed by him to the 
bill, S. 936, supra; as follows:

                           Amendment No. 611

       In section 201(1), strike out ``$4,750,462,000'' and insert 
     in lieu thereof ``$4,745,462,000''.
       In section 201(4), in the matter preceding subparagraph 
     (A), strike out ``$10,072,347,000'' and insert in lieu 
     thereof ``$10,077,347,000''.
                                                                    ____


                           Amendment No. 612

       Strike out section 824.
                                                                    ____


                           Amendment No. 613

       On page 94, strike out line 22 and all that follows through 
     page 95, line 8, and insert in lieu thereof the following:
       ``(c) Effect of Notification.--(1) Upon the submission of a 
     copy of a notification to the President under subsection (a), 
     the President shall take appropriate action to address the 
     issues raised by the notification, including, if necessary, 
     delaying the effective date of the administrative action 
     covered with respect to the Department of Defense pending a 
     decision on further action.
       ``(2) Not later than 30 days after receipt of the copy of a 
     notification, the President shall notify the Committee on 
     Armed Services of the Senate and the Committee on National 
     Security of the House of Representatives of all actions taken 
     or proposed to be taken to address the issues raised by the 
     notification or, if no action has been taken or is proposed 
     to be taken, the reasons why no action is necessary.
                                 ______
                                 

                    BUMPERS AMENDMENTS NOS. 614-617

  (Ordered to lie on the table.)
  Mr. BUMPERS submitted four amendments intended to be proposed by him 
to the bill, S. 936, supra; as follows:

                           Amendment No. 614

       At the appropriate place in the bill, add the following: 
     ``of the amount authorized for O&M, Army National Guard, 
     $6,854,000 shall be available for the operation of Fort 
     Chaffee, Arkansas.''
                                                                    ____


                           Amendment No. 615

       Strike from line 17 on page 32 through the end of page 34, 
     and substitute the following: ``Of the funds authorized to 
     the Air Force in this title, none shall be obligated or 
     expended for the F-22 fighter program, other than necessary 
     termination expenses.''
                                                                    ____


                           Amendment No. 616

       Strike line 10 on page 317 through line 10 on page 322.
                                                                    ____


                           Amendment No. 617

       Strike line 18 on page 45 through line 6 on page 46.
                                 ______
                                 

                  GLENN (AND OTHERS) AMENDMENT NO. 618

  (Ordered to lie on the table.)

[[Page S6925]]

  Mr. GLENN (for himself, Mr. Thompson, and Mr. Cochran) submitted an 
amendment intended to be proposed by them to the bill, S. 936, supra; 
as follows:

       Strike out section 1040.

  Mr. GLENN. Mr. President, section 1040 of the fiscal year 1998 DOD 
authorization bill (S. 936) amends title 31 of the United States Code 
to effectively prevent the General Accounting Office [GAO] from 
conducting self-initiated audits--work performed under GAO's inherent 
authority without a formal Member request--unless all congressional 
requests then-pending have been completed.
  Since 1921, the Comptroller General has had broad authority to 
evaluate programs and investigate--on his own initiative--``all matters 
relating to the receipt, disbursement, and use of public money.'' Self-
initiated authority has provided GAO the flexibility to pursue critical 
issues that auditors and investigators uncover in the course of their 
work. It is essential to the maintenance of generally accepted 
standards of independence and impartiality.
  Title 31 is under the purview of the Governmental Affairs Committee 
[GAC], which has jurisdiction over GAO's organization, management, and 
authority. It represents a major policy shift in the role and operation 
of GAO, adopted without benefit of any hearings, legislative record, or 
prior consultation with GAC.
  At GAC's June 17, 1997, reconciliation markup, Senators Levin, Glenn, 
Thompson, and Domenici discussed this provision and indicated their 
strong reservations. Following that markup, Chairman Thompson and 
Senator Glenn sent a letter to the chairman and ranking member of the 
Armed Services Committee [SASC] requesting a sequential referral of the 
bill for the purpose of reviewing this provision as contained in title 
X. We were unable to get the consent needed for such a referral.
                                 ______
                                 

                     GLENN AMENDMENTS NOS. 619-623

  (Ordered to lie on the table.)
  Mr. GLENN submitted five amendments intended to be proposed by him to 
the bill, S. 936, supra; as follows:

                           Amendment No. 619

       On page 400, between lines 12 and 13, insert the following:
       (e) Limitation on Conveyance Authority.--(1) The Secretary 
     may not make the conveyance authorized by subsection (a) 
     unless the Administrator of General Services determines that 
     the property to be conveyed is surplus to the United States.
       (2) The Administrator shall make the determination based on 
     a screening of the property. The Administrator shall complete 
     the screening not later than 30 days after the date of 
     enactment of this Act.
                                                                    ____


                           Amendment No. 620

       On page 402, between lines 16 and 17, insert the following:
       (g) Limitation on Conveyance Authority.--(1) The Secretary 
     may not make the conveyance authorized by subsection (a) 
     unless the Administrator of General Services determines that 
     the property to be conveyed is surplus to the United States.
       (2) The Administrator shall make the determination based on 
     a screening of the property. The Administrator shall complete 
     the screening not later than 30 days after the date of 
     enactment of this Act.
                                                                    ____


                           Amendment No. 621

       On page 405, between lines 4 and 5, insert the following:
       (e) Limitation on Conveyance Authority.--(1) The Secretary 
     may not make the conveyance authorized by subsection (a) 
     unless the Administrator of General Services determines that 
     the property to be conveyed is surplus to the United States.
       (2) The Administrator shall make the determination based on 
     a screening of the property. The Administrator shall complete 
     the screening not later than 30 days after the date of 
     enactment of this Act.
                                                                    ____


                           Amendment No. 622

       On page 406, between lines 16 and 17, insert the following:
       (g) Limitation on Conveyance Authority.--(1) The Secretary 
     may not make the conveyance authorized by subsection (a) 
     unless the Administrator of General Services determines that 
     the property to be conveyed is surplus to the United States.
       (2) The Administrator shall make the determination based on 
     a screening of the property. The Administrator shall complete 
     the screening not later than 30 days after the date of 
     enactment of this Act.
                                                                    ____


                           Amendment No. 623

       On page 409, between lines 13 and 14, insert the following:
       (g) Limitation on Conveyance Authority.--(1) The Secretary 
     may not make the conveyance authorized by subsection (a) 
     unless the Administrator of General Services determines that 
     the property to be conveyed is surplus to the United States.
       (2) The Administrator shall make the determination based on 
     a screening of the property. The Administrator shall complete 
     the screening not later than 30 days after the date of 
     enactment of this Act.
                                 ______
                                 

                         ROBB AMENDMENT NO. 624

  (Ordered to lie on the table.)
  Mr. ROBB submitted an amendment intended to be proposed by him to the 
bill, S. 936, supra; as follows:

       At the end of subtitle E of title III, add the following:

     SEC. 369. MULTITECHNOLOGY AUTOMATED READER CARD DEMONSTRATION 
                   PROGRAM.

       (a) Program Required.--The Secretary of the Navy shall 
     carry out a program to demonstrate expanded use of 
     multitechnology automated reader cards throughout the Navy 
     and the Marine Corps. The demonstration program shall include 
     demonstration of the use of the so-called ``smartship'' 
     technology of the ship-to-shore work load/off load program of 
     the Navy.
       (b) Period of Program.--The Secretary shall carry out the 
     demonstration program for two years beginning not later than 
     January 1, 1998.
       (c) Report.--Not later than 90 days after termination of 
     the demonstration program, the Secretary shall submit a 
     report on the experience under the program to the Committee 
     on Armed Services of the Senate and the Committee on National 
     Security of the House of Representatives.
       (d) Funding.--Of the total amount authorized to be 
     appropriated under paragraphs (2) and (3) of section 301, 
     $36,000,000 shall be available for the demonstration program 
     under this section, of which $6,300,000 shall be available 
     for demonstration of the use of the so-called ``smartship'' 
     technology of the ship-to-shore work load/off load program of 
     the Navy.
                                 ______
                                 

                     HELMS AMENDMENTS NOS. 625-626

  (Ordered to lie on the table.)
  Mr. HELMS submitted two amendments intended to be proposed by him to 
the bill, S. 936, supra; as follows:

                           Amendment No. 625

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

     SEC. 1075. DONATION OF EXCESS ARMY CHAPEL PROPERTY TO 
                   CHURCHES DAMAGED OR DESTROYED BY ARSON OR OTHER 
                   ACTS OF TERRORISM.

       (a) Authority.--Notwithstanding any other provision of law, 
     the Secretary of the Army may donate property described in 
     subsection (b) to an organization described in section 
     501(c)(3) of the Internal Revenue Code of 1986 that is a 
     religious organization in order to assist the organization in 
     restoring or replacing property of the organization that has 
     been damaged or destroyed as a result of an act of arson or 
     terrorism, as determined pursuant to procedures prescribed by 
     the Secretary.
       (b) Property Covered.--The property authorized to be 
     donated under subsection (a) is furniture and other property 
     that is in, or formerly in, chapels closed or being closed 
     and is determined as being excess to the requirements of the 
     Army. No real property may be donated under this section.
       (c) Donees Not To Be Charged.--No charge may be imposed by 
     the Secretary on a donee of property under this section in 
     connection with the donation. However, the donee shall defray 
     any expense for shipping or other transportation of property 
     donated under this section from the location of the property 
     when donated to any other location.
                                                                    ____


                           Amendment No. 626

       At the appropriate place in the bill, add the following:

     SEC.   . LAND CONVEYANCE, FORT BRAGG, NORTH CAROLINA.

       (a) Conveyance Authorized.--Subject to the provisions of 
     this section and notwithstanding any other law, the Secretary 
     of the Army shall convey, without consideration, by fee 
     simple absolute deed to Harnett County, North Carolina, all 
     right, title, and interest of the United States of America in 
     and to two parcels of land containing a total of 300 acres, 
     more or less, located at Fort Bragg, North Carolina, together 
     with any improvements thereon, for educational and economic 
     development purposes.
       (b) Terms and Conditions.--The conveyance by the United 
     States under this section shall be subject to the following 
     conditions to protect the interests of the United States, 
     including:
       (1) the County shall pay all costs associated with the 
     conveyance, authorized by this section, including but not 
     limited to environmental analysis and documentation, survey 
     costs and recording fees.
       (2) not withstanding the Comprehensive Environmental 
     Response, Compensation and Liability Act of 1980, as amended 
     (42 U.S.C. 9601) et the Solid Waste Disposal Act, as amended 
     (42 U.S.C. 6901 et seq.) or any other law, the County, and 
     not the United States, shall be responsible for any 
     environmental restoration or remediation required on the 
     property conveyed and the United States shall be forever 
     released and held harmless

[[Page S6926]]

     from any obligation to conduct such restoration or 
     remediation and any claims or causes of action stemming from 
     such remediation.
       (c) Legal Description of Real Property and Payment of 
     Costs.--The exact acreage and legal description of the real 
     property described in subsection (a) shall be determined by a 
     survey, the costs of which the County shall bear.
                                 ______
                                 

                       THOMPSON AMENDMENT NO. 627

  (Ordered to lie on the table.)
  Mr. THOMPSON submitted an amendment intended to be proposed by him to 
the bill, S. 936, supra; as follows:

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

     SEC. 515. DETERMINATIONS OF AVAILABILITY OF FEDERAL-DISTRICT 
                   COURT JUDGES FOR MOBILIZATION AS MEMBERS OF 
                   RESERVE COMPONENTS.

       (a) Case-by-Case Determinations.--Chapter 1007 of title 10, 
     United States Code, is amended by adding at the end the 
     following:

     Sec. 10217. Screening Ready Reserve for members in key 
       Federal positions: United States district court judges

       ``(a) Case-by-Case Determinations.--For purposes of 
     screening members of the reserve components regarding whether 
     the members are available for active duty immediately during 
     a mobilization, war, or national emergency, or in response to 
     an order of the President to augment active forces for an 
     operational mission--
       ``(1) the position of judge of a district court of the 
     United States may not automatically be considered as being a 
     key Federal position; and
       ``(2) the procedures and criteria that are applicable 
     generally for determinations of whether a member of a reserve 
     component is in a key Federal position shall be applied in 
     the determination of whether a member of a reserve component 
     who is a judge of a district court of the United States is 
     serving in a key Federal position.
       ``(b) Key Federal Position Defined.--In this section, the 
     term `key Federal position' means a Federal Government 
     position that cannot be vacated during a national emergency 
     or mobilization without seriously impairing the capability of 
     the Federal agency or office concerned to function 
     effectively.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following:

``10217. Screening Ready Reserve for members in key Federal positions: 
              United States district court judges.''.
                                 ______
                                 

                   MURKOWSKI AMENDMENTS NOS. 628-630

  (Ordered to lie on the table.)
  Mr. MURKOWSKI submitted three amendments intended to be proposed by 
him to the bill, S. 936, supra; as follows:

                           Amendment No. 628

       At an appropriate place in title III, insert the following:

     SEC.   . REPORT ON OPTIONS FOR THE DISPOSAL OF CHEMICAL 
                   WEAPONS AND AGENTS.

       (a) Requirement.--Not later than March 15, 1998, the 
     Secretary of Defense shall submit to Congress a report on the 
     options available to the Department of Defense for the 
     disposal of chemical weapons and agents in order to 
     facilitate the disposal of such weapons and agents without 
     the construction of additional chemical weapons disposal 
     facilities in the continental United States.
       (b) Elements.--The report shall include the following:
       (1) a description of each option evaluated;
       (2) an assessment of the lifecycle costs and risks 
     associated with each option evaluated;
       (3) a statement of any technical, regulatory, or other 
     requirements or obstacles with respect to each option, 
     including with respect to any transportation of weapons or 
     agents that is required for the option;
       (4) an assessment of incentives required for sites to 
     accept munitions or agents from outside their own locales, as 
     well as incentives to enable transportation of these items 
     across state lines;
       (5) an assessment of the cost savings that could be 
     achieved through either the application of uniform federal 
     transportation or safety requirements and any other 
     initiatives consistent with the transportation and safe 
     disposal of stockpile and nonstockpile chemical weapons and 
     agents; and
       (6) proposed legislative language necessary to implement 
     options determined by the Secretary to be worthy of 
     consideration by the Congress.
                                                                    ____


                           Amendment No. 629

       On page 439, after line 3, add the following new 
     subsection:
       ``(e) Notwithstanding the provisions of subsection (d), the 
     Secretary is authorized to expend funds to perform 
     surveillance and maintenance activities necessary to maintain 
     the Fast Flux Test Facility at Hanford, Washington, in 
     standby status and to conduct evaluations of technical, cost 
     and safety issues related to potential uses for the Fast Flux 
     Test Facility, including tritium production.''.
                                                                    ____


                           Amendment No. 630

       At the appropriate place in the bill add the following new 
     section:

     ``SEC.   . TRITIUM PRODUCTION.

       Section 91 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2121) is amended by adding after subsection c. the following 
     new subsection--
       ``d. In order to demonstrate the feasibility of the 
     production of tritium for defense related requirements in 
     facilities licensed under section 13 or 104 b., the Secretary 
     of Energy may acquire by lease, purchase, or agreement with 
     the owner or operator of a facility, facilities or services 
     for such purposes. If the Secretary purchases a facility for 
     production of tritium, the Secretary is a person for purposes 
     of section 103 of this Act.''.
                                 ______
                                 

                        CRAIG AMENDMENT NO. 631

  (Ordered to lie on the table.)
  Mr. CRAIG submitted an amendment intended to be proposed by him to 
the bill, S. 936, supra; as follows:

       At the end of title XI, add the following:

     SEC. 1107. GARNISHMENT AND INVOLUNTARY ALLOTMENT.

       Section 5520a of title 5, United States Code, is amended--
       (1) in subsection (j), by striking out paragraph (2) and 
     inserting in lieu thereof the following:
       ``(2) Such regulations shall provide that an agency's 
     administrative costs in executing a garnishment action may be 
     added to the garnishment, and that the agency may retain 
     costs recovered as offsetting collections.'';
       (2) in subsection (k)--
       (A) by striking out paragraph (3); and
       (B) by redesignating paragraph (4) as paragraph (3); and
       (3) by striking out subsection (l).
                                 ______
                                 

                    DOMENICI AMENDMENTS NOS. 632-633

  (Ordered to lie on the table.)
  Mr. DOMENICI submitted two amendments intended to be proposed by him 
to the bill, S. 936, supra; as follows:

                           Amendment No. 632

       On page 30, line 12, Title II, Air Force research, 
     development, test, and evaluation, strike ``$14,302,264,000'' 
     and add ``$14,311,264,000.''
                                                                    ____


                           Amendment No. 633

       At the end of title XXIII, add the following:

     SEC. 2306 CONSTRUCTION OF MILITARY FAMILY HOUSING AT CANNON 
                   AIR FORCE BASE, NEW MEXICO.

       Of the amount authorized to be appropriated in section 
     2304(a)(1), $8,900,000 shall be available for the 
     construction of 147 units of military family housing at 
     Cannon Air Force Base, New Mexico.
                                 ______
                                 

                    THURMOND AMENDMENTS NOS. 634-635

  (Ordered to lie on the table.)
  Mr. Thurmond submitted two amendments intended to be proposed by him 
to the bill. S. 936, supra; as follows:

                           Amendment No. 634

       At the end of title VII, add the following:

     SEC. 708. CHIROPRACTIC HEALTH CARE DEMONSTRATION PROGRAM.

       (a) Two-Year Extension.--Subsection (b) of section 731 of 
     the National Defense Authorization Act for Fiscal Year 1995 
     (Public Law 103-337; 108 Stat. 2809; 10 U.S.C. 1092 note) is 
     amended by striking out ``1997'' and inserting in lieu 
     thereof ``1999''.
       (b) Expansion to at Least Three Additional Treatment 
     Facilities.--Subsection (a)(2) of such section is amended by 
     striking out ``not less than 10'' and inserting in lieu 
     thereof ``the National Naval Medical Center, the Walter Reed 
     Army Medical Center, and not less than 11 other''
       (c) Reports.--Subsection (c) of such section is amended--
       (1) in paragraph (1), by striking out ``Committees on Armed 
     Services of the Senate and'' and inserting in lieu thereof 
     ``Committee on Armed Services of the Senate and the Committee 
     on National Security of'';
       (2) by redesignating paragraph (3) as paragraph (4);
       (3) by inserting after paragraph (2) the following new 
     paragraph (3):
       ``(3)(A) Not later than January 30, 1998, the Secretary of 
     Defense shall submit to the committees referred to in 
     paragraph (1) a report that identifies the additional 
     treatment facilities designated to furnish chiropractic care 
     under the program that were not so designated before the 
     report required by paragraph (1) was prepared, together with 
     the plan for the conduct of the program at the additional 
     treatment facilities.
       ``(B) Not later than May 1, 1998, the Secretary of Defense 
     shall modify the plan for evaluating the program submitted 
     pursuant to paragraph (2) in order to provide for the 
     evaluation of program at all of the designated treatment 
     facilities, including the treatment facilities referred to in 
     subparagraph (B).''; and
       (4) in paragraph (4), as redesignated by paragraph (2), by 
     striking out ``The Secretary'' and inserting in lieu thereof 
     ``Not later than May 1, 2000, the Secretary''.

[[Page S6927]]

     
                                                                    ____
                           Amendment No. 635

       At the end of subtitle C of title V, add the following:

     SEC. 525. ACTIVE DUTY ASSIGNMENT SELECTION PROCEDURES FOR 
                   GRADUATES OF SENIOR MILITARY COLLEGES.

       (a) Authority.--Chapter 103 of title 10, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 2111b. Senior military colleges: active duty 
       assignments for graduating members of the program

       ``(a) Initial Approval Authority.--Upon the request of a 
     graduating member of the program at a senior military college 
     who is to be commissioned as an officer in the Army, the 
     commander of the Reserve Officers' Training Corps Cadet 
     Command of the Army may approve the member to be ordered to 
     active duty for a period of more than 30 days.
       ``(b) Processing of Requests.--(1) The senior commissioned 
     officer for the Reserve Officers' Training Corps unit of a 
     member of the program requesting orders to active duty under 
     this section shall review the member's personnel and academic 
     records and forward the member's request, together with a 
     recommendation for approval or disapproval of the request, to 
     the commander of the Reserve Officers' Training Corps Cadet 
     Command.
       ``(2) The commander of the Reserve Officers' Training Corps 
     Cadet Command shall personally review the personnel and 
     academic records of any member of the program submitting a 
     request for active duty under this section.
       ``(3) The commander of the Reserve Officers' Training Corps 
     Cadet Command shall forward each request of a member of the 
     program for orders to active duty under this section, 
     together with the member's personnel and academic records, to 
     the selection and branching board of the Army, without regard 
     to whether the commander approved or disapproved the request.
       ``(c) Action at Department of the Army Staff Level.--The 
     selection and branching board of the Army shall--
       ``(1) review the personnel and academic records of each 
     member of the program requesting orders for active duty for 
     more than 30 days under this section;
       ``(2) designate a branch assignment for the member; and
       ``(3) in the case of a member whose request for orders to 
     active duty under this section has been disapproved by the 
     commander of the Reserve Officers' Training Corps Cadet 
     Command, review the request and either--
       ``(A) approve the member to be ordered to active duty for a 
     period of more than 30 days, notwithstanding the action of 
     the commander of the Reserve Officers' Training Corps Cadet 
     Command; or
       ``(B) designate the member for other duty in a reserve 
     component.
       ``(d) Fair Treatment for Graduates of Other Schools.--The 
     Secretary of the Army shall ensure that members of the 
     program graduating from schools other than senior military 
     colleges are afforded an opportunity for selection for active 
     duty assignments that is not less than the opportunity that 
     was afforded before October 1, 1997, to persons who graduated 
     as members of the program from schools other than senior 
     military colleges before that date.
       ``(e) Senior Military College Defined.--In this section, 
     the term `senior military college' means a college named in 
     section 2111a(d) of this title.''.
       (b) Stylistic Conforming Amendment.--The heading of section 
     2111a is amended to read as follows:

     ``Sec. 2111a. Senior military colleges: detail of officers''.

       (c) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by striking out the item 
     relating to section 2111a and inserting in lieu thereof the 
     following:

``2111a. Senior military colleges: detail of officers.''.
``2111b. Senior military colleges: active duty assignments for 
              graduating members of the program.''.
                                 ______
                                 

                  BOXER (AND OTHERS) AMENDMENT NO. 636

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

       Strike out section 804, and insert in lieu thereof the 
     following:

     SEC. 804. REIMBURSEMENT FOR EXCESSIVE COMPENSATION OF DEFENSE 
                   CONTRACTOR PERSONNEL PROHIBITED.

       (a) Excessive Compensation as Not Allowable as Contract 
     Costs.--Subsection (e)(1) of section 2324 of title 10, United 
     States Code, is amended by adding at the end the following:
       ``(P) Costs of compensation paid with respect to the 
     services of any one individual, to the extent that the total 
     amount of the compensation paid in fiscal year exceeds the 
     rate of pay provided by law for the President.''.
       (b) Definitions.--subseciton (l) of such section is amended 
     by adding at the end the following:
       ``(4) The term `compensation', for a fiscal year, means the 
     total amount of wages, salary, bonuses and deferred 
     compensation for the fiscal year, whether paid, earned, or 
     otherwise accruing, as recorded in an employer's cost 
     accounting records for the fiscal year.
       (b) Certain Compensation Not Allowable as Costs Under Non-
     Defense Contracts.--(1) Subsection (e)(1) of section 306 of 
     the Federal Property and Administrative Services Act of 1949 
     (41 U.S.C. 256) is amended by adding at the end the 
     following:
       ``(P) Costs of compensation paid with respect to the 
     services of any one individual, to the extent that the total 
     amount of the compensation paid in a fiscal year exceeds the 
     rate of pay provided by law for the President.''.
       (2) Such section is further amended by adding at the end 
     the following:
       ``(m) Other Definitions.--In this section:
       ``(1) The term `compensation', for a fiscal year, means the 
     total amount of wages, salary, bonuses and deferred 
     compensation for the fiscal year, whether paid, earned, or 
     otherwise accruing, as recorded in an employer's cost 
     accounting records for the fiscal year.
       (c) Effective Date.--(1) The amendments made by this 
     section shall take effect on the date that is 90 days after 
     the date of the enactment of this Act and shall apply with 
     respect to payments that become due from the United States 
     after that date under covered contracts entered into before, 
     on, or after that date.
       (2) In paragraph (1), the term ``covered contract'' has the 
     meaning given such term in section 2324(l) of title 10, 
     United States Code, and section 306(l) of the Federal 
     Property and Administrative Services Act of 1949 (41 U.S.C. 
     256(l)).
                                 ______
                                 

                     BOXER AMENDMENTS NOS. 637-638

  (Ordered to lie on the table.)
  Mrs. BOXER submitted two amendments intended to be proposed by her to 
the bill, S. 936, supra; as follows:

                           Amendment No. 637

       At the appropriate place in the bill, insert the following 
     new section:

     SEC.   . COMPLIANCE WITH REGULATIONS RELATING TO LOCAL 
                   PREFERENCE IN HIRING.

       The Secretary of Defense shall require any business concern 
     submitting an application to the Secretary for a contract for 
     the performance of services at a military installation that 
     is affected by closure or realignment under a base closure 
     law to submit, as part of the application, a description of 
     how the business concern (if awarded the contract) would meet 
     the requirements of DFARS regulations subpart 226,71, 
     governing local preference in hiring.
                                                                    ____


                           Amendment No. 638

       At the appropriate place in the bill, insert the following:
       Of the funds authorized to be appropriated by this Act to 
     the Department of Energy, $3,500,000 are authorized to be 
     appropriated for fiscal year 1998, and $3,800,000 are 
     authorized to be appropriated for fiscal year 1999, for 
     improvement to Greenville Road in Livermore, California.
                                 ______
                                 

                   LAUTENBERG AMENDMENTS NOS. 639-640

  (Ordered to lie on the table.)
  Mr. LAUTENBERG submitted two amendments intended to be proposed by 
him to the bill, S. 936, supra; as follows:

                           Amendment No. 639

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

     SEC. 2819. LAND CONVEYANCE, PERTH AMBOY NAVAL RESERVE CENTER, 
                   PERTH AMBOY, NEW JERSEY.

       (a) Conveyance Authorized.--(1) The Secretary of the Navy 
     may convey, without consideration, to the City of Perth 
     Amboy, New Jersey (in this section referred to as the 
     ``City''), all right, title, and interest of the United 
     States in and to a parcel of real property, including 
     improvements thereon, consisting of approximately 3 acres and 
     located in Perth Amboy, New Jersey, the site of the Perth 
     Amboy Naval Reserve Center. The purpose of the conveyance is 
     to facilitate the economic development activities of the 
     City.
       (2) The real property referred to in paragraph (1) may, at 
     the election of the Secretary, exclude a traffic monitoring 
     tower located on the property.
       (b) Condition of Conveyance.--The conveyance authorized by 
     subsection (a) shall be subject to the condition that the 
     City accept the conveyed property subject to such easements 
     and rights of way in favor of the United States as the 
     Secretary considers appropriate, including easements to 
     provide access to the traffic monitoring tower described in 
     paragraph (2) of that subsection.
       (c) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary. The cost of the survey shall be borne by 
     the City.
       (d) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                                                    ____


                           Amendment No. 640

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

[[Page S6928]]

     SEC. 2819. LAND CONVEYANCE, NIKE BATTERY 80 FAMILY HOUSING 
                   SITE, EAST HANOVER TOWNSHIP, NEW JERSEY.

       (a) Conveyance Authorized.--The Secretary of the Army may 
     convey, without consideration, to the Township Council of 
     East Hanover, New Jersey (in this section referred to as the 
     ``Council''), all right, title, and interest of the United 
     States in and to a parcel of real property, including 
     improvements thereon, consisting of approximately 13.88 acres 
     and located near the unincorporated area of Hanover Neck in 
     East Hanover Township, New Jersey, north of the Town of 
     Florham Park, New Jersey, the Nike Battery 80 Family Housing 
     Site. The purpose of the conveyance is to assist the Council 
     in implementing a plan to develop the site for low-income and 
     moderate-income housing, senior housing, and a park.
       (b) Description of the Property.--The exact acreage and 
     legal description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary. The cost of the survey shall be borne by 
     the Council.
       (c) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                 ______
                                 

                        BAUCUS AMENDMENT NO. 641

  (Ordered to lie on the table.)
  Mr. BAUCUS submitted an amendment intended to be proposed by him to 
the bill, S. 936, supra; as follows:

       On page 409, between lines 13 and 14, insert the following:

     SEC. 2819. LAND CONVEYANCE, HAVRE AIR FORCE STATION, MONTANA, 
                   AND HAVRE TRAINING SITE, MONTANA.

       (a) Conveyance Authorized.--(1) The Secretary of the Air 
     Force may convey, without consideration, to the Bear Paw 
     Development Corporation, Havre, Montana (in this section 
     referred to as the ``Corporation''), all, right, title, and 
     interest of the United States in and to the real property 
     described in paragraph (2).
       (2) The authority in paragraph (1) applies to the following 
     real property:
       (A) A parcel of real property, including any improvements 
     thereon, consisting of approximately 85 acres and comprising 
     the Havre Air Force Station, Montana.
       (B) A parcel of real property, including any improvements 
     thereon, consisting of approximately 9 acres and comprising 
     the Havre Training Site, Montana.
       (b) Conditions of Conveyance.--The conveyance authorized by 
     subsection (a) shall be subject to the following conditions:
       (1) That the Corporation--
       (A) convey to the Box Elder School District 13G, Montana, 
     10 single-family homes located on the property to be conveyed 
     under that subsection as jointly agreed upon by the 
     Corporation and the school district; and
       (B) grant the school district access to the property for 
     purposes of removing such homes from the property.
       (2) That the Corporation--
       (A) convey to the Hays/Lodgepole School District 50, 
     Montana--
       (i) 27 single-family homes located on the property to be 
     conveyed under that subsection as jointly agreed upon by the 
     Corporation and the school district; and
       (ii) one duplex housing unit located on the property; and
       (B) grant the school district access to the property for 
     purposes of removing such homes and the housing unit from the 
     property.
       (c) Description of Property.--The exact acreages and legal 
     description of the parcels of property conveyed under 
     subsection (a) shall be determined by surveys satisfactory to 
     the Secretary. The cost of the surveys shall be borne by the 
     Corporation.
       (d) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                 ______
                                 

                      FAIRCLOTH AMENDMENT NO. 642

  (Ordered to lie on the table.)
  Mr. FAIRCLOTH submitted an amendment intended to be proposed by him 
to the bill, S. 936, supra; as follows:

       On page 366, in the table following line 5, strike out 
     ``$8,356,000'' in the amount column in the item relating to 
     Pope Air Force Base, North Carolina, and insert in lieu 
     ``$13,365,000''.
       On page 336, in the table following line 5, strike out 
     ``$540,920,000'' in the amount column in the item relating to 
     the total and insert in lieu thereof ``$545,920,000''.
       On page 367, in the table following line 7, strike out 
     ``$29,100,000'' in the amount column in the item relating 
     Classified Location, Overseas Classified, and insert in lieu 
     thereof ``$24,100,000''.
       On page 367, in the table following line 7, strike out 
     ``$89,345,000'' in the amount column in the item relating to 
     the total and insert in lieu thereof ``$84,345,000''.
       On page 369, line 13, strike out ``$540,920,000'' and 
     insert in lieu thereof ``$545,920,000''.
       On page 369, line 16, strike out ``$89,345,000'' and insert 
     in lieu thereof ``$84,920,000''.
                                 ______
                                 

                   KEMPTHORNE AMENDMENTS NOS. 643-644

  (Ordered to lie on the table.)
  Mr. KEMPTHORNE submitted two amendments intended to be proposed by 
him to the bill, S. 936, supra; as follows:

                           Amendment No. 643

       At the end of subtitle D of title V, add the following:

     SEC. 235. TRUE LOCK SAFETY RETAINING SYSTEM FOR MILITARY 
                   VEHICLES.

       (a) Testing Required.--The Secretary of the Army shall test 
     the use of the safety retaining system known as the true lock 
     safety retaining system for use on active and reserve 
     component vehicles.
       (b) Report.--Not later than March 31, 1998, the Secretary 
     shall submit to the Committee on Armed Services of the Senate 
     and the Committee on National Security of the House of 
     Representatives a report on the results of the testing 
     required under subsection (a). The report shall include the 
     following:
       (1) An analysis of the costs and benefits of installing the 
     true lock safety retaining system on active and reserve 
     component vehicles of the Army.
       (2) A comparison of the true lock safety retaining system 
     with the safety retaining system or systems in use on Army 
     vehicles.
       (3) Any savings and enhanced reliability that can be 
     derived from the installation of the true lock safety 
     retaining system on active and reserve component vehicles of 
     the Army.
                                                                    ____


                           Amendment No. 644

       At the end of subtitle D of title V, add the following:

     SEC. 535. RETROACTIVITY OF MEDAL OF HONOR SPECIAL PENSION.

       (a) Entitlement.--In the case of Vernon J. Baker, Edward A. 
     Carter, Junior, and Charles L. Thomas, who were awarded the 
     Medal of Honor pursuant to section 561 of Public Law 104-201 
     (110 Stat. 2529) and whose names have been entered and 
     recorded on the Army, Navy, Air Force, and Coast Guard Medal 
     of Honor Roll, the entitlement of those persons to the 
     special pension provided under section 1562 of title 38, 
     United States Code (and antecedent provisions of law), shall 
     be effective as follows:
       (1) In the case of Vernon J. Baker, for months that begin 
     after April 1945.
       (2) In the case of Edward A. Carter, Junior, for months 
     that begin after March 1945.
       (3) In the case of Charles L. Thomas, for months that begin 
     after December 1944.
       (b) Amount.--The amount of the special pension payable 
     under subsection (a) for a month beginning before the date of 
     the enactment of this Act shall be the amount of the special 
     pension provided by law for that month for persons entered 
     and recorded on the Army, Navy, Air Force, and Coast Guard 
     Medal of Honor Roll (or an antecedent Medal of Honor Roll 
     required by law).
       (c) Payment to Next of Kin.--In the case of a person 
     referred to in subsection (a) who died before receiving full 
     payment of the pension pursuant to this section, the 
     Secretary of Veterans Affairs shall pay the total amount of 
     the accrued pension, upon receipt of application for payment 
     within one year after the date of the enactment of this Act, 
     to the deceased person's spouse or, if there is no surviving 
     spouse, then to the deceased person's children, per stirpes, 
     in equal shares.
                                 ______
                                 

                     GORTON AMENDMENTS NOS. 645-646

  (Ordered to lie on the table.)
  Mr. GORTON submitted two amendments intended to be proposed by him to 
the bill, S. 936, supra; as follows:

                           Amendment No. 645

       Page 217, after line 15, insert the following new subtitle 
     heading:

                    Subtitle A--Health Care Services

       Page 226, after line 2, insert the following new subtitle:

          Subtitle B--Uniformed Services Treatment Facilities

     SEC. 711. IMPLEMENTATION OF DESIGNATED PROVIDER AGREEMENTS 
                   FOR UNIFORMED SERVICES TREATMENT FACILITIES.

       (a) Commencement of Health Care Services Under Agreement.--
     Subsection (c) of section 722 of the National Defense 
     Authorization Act for Fiscal Year 1997 (Public Law 104-201, 
     10 U.S.C. 1073 note) is amended--
       (1) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B);
       (2) by inserting ``(1)'' before ``Unless''; and
       (3) by adding at the end the following new paragraph:
       ``(2) The Secretary may modify the effective date 
     established under paragraph (1) for an agreement to permit a 
     transition period of not more than six months between the 
     date on which the agreement is executed by the parties and 
     the date on which the designated provider commences the 
     delivery of health care services under the agreement.''.
       (b) Temporary Continuation of Existing Participation 
     Agreements.--Subsection (d) of such section is amended by 
     inserting before the period at the end the following: ``, 
     including any transitional period provided by the Secretary 
     under paragraph (2) of such subsection''.
       (c) Arbitration.--Subsection (c) of such section is further 
     amended by adding at the end the following new paragraph:

[[Page S6929]]

       ``(3) In the case of a designated provider whose service 
     area has a managed care support contract implemented under 
     the TRICARE program as of September 23, 1996, the Secretary 
     and the designated provider shall submit to binding 
     arbitration if the agreement has not been executed by October 
     1, 1997. The arbitrator, mutually agreed upon by the 
     Secretary and the designated provider, shall be selected from 
     the American Arbitration Association. The arbitrator shall 
     develop an agreement that shall be executed by the Secretary 
     and the designated provider by January 1, 1998. 
     Notwithstanding paragraph (1), the effective date for such 
     agreement shall be not more than six months after the date on 
     which the agreement is executed.''.
       (d) Contracting Out of Primary Care Services.--Subsection 
     (f)(2) of such section is amended by inserting at the end the 
     following new sentence: ``Such limitation on contracting our 
     primary care services shall only apply to contracting out to 
     a health maintenance organization, or to a licensed insurer 
     that is not controlled directly or indirectly by the 
     designated provider, except in the case of primary care 
     contracts between a designated provider and a contractor in 
     force as of September 23, 1996. Subject to the overall 
     enrollment restriction under section 724 and limited to the 
     historical service area of the designated provider, 
     professional service agreements or independent contractor 
     agreements with primary care physicians or groups of primary 
     care physicians, however organized, and employment 
     agreements with such physicians shall not be considered to 
     be the type of contracts that are subject to the 
     limitation of this subsection, so long as the designated 
     provider itself remains at risk under its agreement with 
     the Secretary in the provision of services by any such 
     contract physicians or groups of physicians.''.
       (e) Uniform Benefit.--Section 723(b) of the National 
     Defense Authorization Act for Fiscal Year 1997 (PL 104-201, 
     10 U.S.C. 1073 note) is amended--
       (1) in subsection (1), by inserting before the period at 
     the end the following: ``, subject to any modification to the 
     effective date the Secretary may provide pursuant to section 
     722(c)(2)'', and
       (2) in subsection (2), by inserting the period at the end 
     the following: ``, or the effective date of agreements 
     negotiated pursuant to section 722(c)(3)''.

     SEC. 712. LIMITATION ON TOTAL PAYMENTS.

       Section 726(b) of the National Defense Authorization Act 
     for Fiscal Year 1997 (Public Law 104-201, 10 U.S.C. 1073 
     note) is amended by adding at the end the following new 
     sentence: ``In establishing the ceiling rate for enrollees 
     with the designated providers who are also eligible for the 
     Civilian Health and Medical Program of the Uniformed 
     Services, the Secretary of Defense shall take into account 
     the health status of the enrollees.''.

     SEC. 713. CONTINUED ACQUISITION OF REDUCED-COST DRUGS.

       Section 722 of the National Defense Authorization Act for 
     Fiscal Year 1997 (Public Law 104-201; 10 U.S.C. 1073 note) is 
     amended by adding at the end the following new subsection:
       ``(g) Continued Acquisition of Reduced-Cost Drugs.--A 
     designated provider shall be treated as part of the 
     Department of Defense for purposes of section 8126 of title 
     38, United States Code, in connection with the provision by 
     the designated provider of health care services to covered 
     beneficiaries pursuant to the participation agreement of the 
     designated provider under section 718(c) of the National 
     Defense Authorization Act for Fiscal Year 1991 (Public Law 
     101-510; 42 U.S.C. 248c note) or pursuant to the agreement 
     entered into under subsection (b).''.
                                                                    ____


                           Amendment No. 646

       On page 226, between lines 2 and 3, insert the following:

     SEC. 708. TRANSITION OF UNIFORMED SERVICES TREATMENT 
                   FACILITIES TO DESIGNATED PROVIDERS WITHIN THE 
                   UNIFORMED SERVICES HEALTH CARE DELIVERY SYSTEM.

       (a) Designated Provider Agreements.--(1) Subsection (c) of 
     section 722 of the National Defense Authorization Act for 
     Fiscal Year 1997 (Public Law 104-201; 10 U.S.C. 1073 note) is 
     amended--
       (A) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively;
       (B) by striking out ``Unless an earlier effective date is 
     agreed upon by the Secretary and the designated provider'' 
     and inserting in lieu thereof ``(1) Unless an earlier 
     effective date is agreed upon by the Secretary and the 
     designated provider or a later effective date is established 
     pursuant to paragraph (2)''; and
       (C) by adding at the end the following new paragraph:
       ``(2) The Secretary may establish the effective date for an 
     agreement as being a date later than that otherwise provided 
     under paragraph (1) in order to provide a transition period 
     of not more than six months between the date on which the 
     agreement is entered into by the Secretary and a designated 
     provider and the date on which the designated provider 
     commences the delivery of health care services under the 
     agreement.''.
       (2)(A) Subsection (b) of such section is amended--
       (i) by redesignating paragraph (3) as paragraph (4); and
       (ii) by inserting after paragraph (2) the following new 
     paragraph (3):
       ``(3)(A) If the Secretary and a designated provider 
     described in subparagraph (B) do not enter into an agreement 
     under this section before October 1, 1997, an arbitrator 
     shall establish the terms and conditions of the agreement. 
     The arbitrator shall complete the agreement in time for the 
     Secretary and the designated provider to execute the 
     agreement before January 1, 1998, and the Secretary and the 
     designated provider shall execute the agreement before that 
     date.
       ``(B) The designated provider referred to in subparagraph 
     (A) is a designated provider whose service area has a managed 
     care support contract implemented under the TRICARE program 
     as of September 23, 1996.
       ``(C) The arbitrator, mutually agreed upon by the Secretary 
     and the designated provider, shall be selected from among the 
     persons on a list of arbitrators provided by the American 
     Arbitration Association.''.
       (B) Subsection (c) of such section, as amended by paragraph 
     (1), is further amended by adding at the end the following:
       ``(3) Notwithstanding paragraphs (1) and (2), the effective 
     date of an agreement arbitrated under subsection (b)(3) shall 
     be the date provided in the agreement, which shall be a date 
     that is not more than six months after the date on which the 
     agreement is executed.''.
       (3) Such section is further amended--
       (A) in subsection (f)--
       (i) by striking out ``(1)'' in paragraph (1); and
       (ii) by striking out paragraph (2); and
       (B) by adding at the end the following:
       ``(g) Limitation on Contracting Out Primary Care.--(1) 
     Except as provided in paragraphs (2) and (3), a designated 
     provider may not, without the approval of the Secretary, 
     contract out more than five percent of its primary care 
     enrollment to a health maintenance organization, or to a 
     licensed insurer, that is not controlled directly or 
     indirectly by the designated provider.
       ``(2) The limitation in paragraph (1) does not apply to any 
     contract between a designated provider and a contractor that 
     was in force as of September 23, 1996.
       ``(3)(A) Subject to the overall enrollment restriction 
     under section 724, the limitation in paragraph (1) does not 
     apply with respect to primary care services provided for a 
     designated provider within the historical service area of the 
     designated provider under any agreement described in 
     subparagraph (B) if the designated provider remains at risk 
     under its agreement with the Secretary for the provision of 
     services under the described agreement.
       ``(B) An agreement referred to in subparagraph (A) is any 
     of the following agreements of the designated provider:
       ``(i) A professional service agreement, or independent 
     contractor agreement, with one or more primary care 
     physicians or groups of primary care physicians (however 
     organized).
       ``(ii) Any employment agreement with a primary care 
     physician.''.
       (b) Provision of Uniform Benefit.--Section 723(b) of the 
     National Defense Authorization Act for Fiscal Year 1997 is 
     amended by adding at the end the following:
       ``(3) The effective date of an agreement entered into with 
     the Secretary under section 722 (if different than the dates 
     referred to in paragraphs (1) and (2)).''.
       (c) Consideration of Health Status of CHAMPUS Eligible 
     Enrollees for Limitation on Total Payments.--(1) Section 
     726(b) of such Act is amended by adding at the end the 
     following new sentence: ``In determining the cost that would 
     have been incurred for enrollees who are also eligible for 
     care under the Civilian Health and Medical Program of the 
     Uniformed Services, the Secretary of Defense shall take into 
     account the health status of the enrollees.''.
       (2) Section 721 of such Act is amended by adding at the end 
     the following:
       ``(10) The term `Civilian Health and Medical Program of the 
     Uniformed Services' has the meaning given such term in 
     section 1072(4) of title 10, United States Code.''.
       (d) Continued Acquisition of Reduced-Cost Drugs.--Section 
     722 of such Act, as amended by subsection (a)(3), is further 
     amended by adding at the end the following new subsection:
       ``(h) Continued Acquisition of Reduced-Cost Drugs.--A 
     designated provider shall be treated as part of the 
     Department of Defense for purposes of section 8126 of title 
     38, United States Code, in connection with the provision by 
     the designated provider of health care services to covered 
     beneficiaries pursuant to either of the following agreements 
     of the designated provider:
       ``(1) An agreement entered into under subsection (b).
       ``(2) A participation agreement extended under subsection 
     (d).''.
                                 ______
                                 

                    BINGAMAN AMENDMENTS NOS. 647-654

  (Ordered to lie on the table.)
  Mr. BINGAMAN submitted eight amendments intended to be proposed by 
him to the bill, S. 936, supra; as follows:

                           Amendment No. 647

       On page 458, between lines 3 and 4, insert the following:

     SEC. 3159. PARTICIPATION OF NATIONAL SECURITY ACTIVITIES IN 
                   HISPANIC OUTREACH INITIATIVE OF THE DEPARTMENT 
                   OF ENERGY.

       The Secretary of Energy shall take appropriate actions, 
     including the allocation of funds, to ensure the 
     participation of the national security activities of the 
     Department

[[Page S6930]]

     of Energy in the Hispanic Outreach Initiative of the 
     Department of Energy.
                                                                    ____


                           Amendment No. 648

       On page 306, between lines 4 and 5, insert the following:

     SEC. 1041. REPORT ON POLICIES AND PROGRAMS TO PROMOTE HEALTHY 
                   LIFESTYLES AMONG MEMBERS OF THE ARMED FORCES 
                   AND THEIR DEPENDENTS.

       (a) Report.--Not later than March 30, 1998, the Secretary 
     of Defense shall submit to the Committee on Armed Services of 
     the Senate and the Committee on National Security of the 
     House of Representatives a report on the effectiveness of the 
     policies and programs of the Department of Defense intended 
     to promote healthy lifestyles among members of the Armed 
     Forces and their dependents.
       (b) Covered Policies and Programs.--The report under 
     subsection (a) shall address the following:
       (1) Programs intended to educate members of the Armed 
     Forces and their dependents about the potential health 
     consequences of the use of alcohol and tobacco.
       (2) Policies of the commissaries, post exchanges, service 
     clubs, and entertainment activities relating to the sale and 
     use of alcohol and tobacco.
       (3) Programs intended to provide support to members of the 
     Armed Forces and dependents who elect to reduce or eliminate 
     their use of alcohol or tobacco.
       (4) Any other policies or programs intended to promote 
     healthy lifestyles among members of the Armed Forces and 
     their dependents.
                                                                    ____


                           Amendment No. 649

       At the end of subtitle C of title V, add the following:

     SEC.   . FLEXIBILITY IN MANAGEMENT OF JUNIOR RESERVE 
                   OFFICERS' TRAINING CORPS.

       (a) Authority of the Secretary of Defense.--Chapter 102 of 
     title 10, United States Code, is amended by adding at the end 
     the following:

     ``Sec. 2032. Responsibility of the Secretary of Defense

       ``(a) Coordination by Secretary of Defense.--The Secretary 
     of Defense shall coordinate the establishment and maintenance 
     of Junior Reserve Officers' Training Corps units by the 
     Secretaries of the military departments in order to maximize 
     enrollment in the Corps and to enhance administrative 
     efficiency in the management of the Corps. The Secretary may 
     impose such requirements regarding establishment of units and 
     transfer of existing units as the Secretary considers 
     necessary to achieve the objectives set forth in the 
     preceding sentence.
       ``(b) Consideration of New School Openings and 
     Consolidations.--In carrying out subsection (a), the 
     Secretary shall take into consideration openings of new 
     schools, consolidations of schools, and the desirability of 
     continuing the opportunity for participation in the Corps by 
     participants whose continued participation would otherwise be 
     adversely affected by new school openings and consolidations 
     of schools.
       ``(c) Funding.--If amounts available for the Junior Reserve 
     Officers' Training Corps are insufficient for taking actions 
     considered necessary by the Secretary under subsection (a), 
     the Secretary shall seek additional funding for units from 
     the local educational administration agencies concerned.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following:

``2032. Responsibility of the Secretary of Defense.''.
                                                                    ____


                           Amendment No. 650

       At the end of title VII, add the following:

     SEC. 708. AUTHORITY FOR AGREEMENT FOR USE OF MEDICAL RESOURCE 
                   FACILITY, ALAMAGORDO, NEW MEXICO.

       (a) Authority.--The Secretary of the Air Force may enter 
     into an agreement with Gerald Champion Hospital, Alamagordo, 
     New Mexico (in this section referred to as the ``Hospital''), 
     providing for the Secretary to furnish health care services 
     to eligible individuals in a medical resource facility in 
     Alamagordo, New Mexico, that is constructed, in part, using 
     funds provided by the Secretary under the agreement.
       (b) Content of Agreement.--Any agreement entered into under 
     subsection (a) shall, at a minimum, specify the following:
       (1) The relationship between the Hospital and the Secretary 
     in the provision of health care services to eligible 
     individuals in the facility, including--
       (A) whether or not the Secretary and the Hospital is to use 
     and administer the facility jointly or independently; and
       (B) under what circumstances the Hospital is to act as a 
     provider of health care services under the TRICARE managed 
     care program.
       (2) Matters relating to the administration of the 
     agreement, including--
       (A) the duration of the agreement;
       (B) the rights and obligations of the Secretary and the 
     Hospital under the agreement, including any contracting or 
     grievance procedures applicable under the agreement;
       (C) the types of care to be provided to eligible 
     individuals under the agreement, including the cost to the 
     Department of the Air Force of providing the care to eligible 
     individuals during the term of the agreement;
       (D) the access of Air Force medical personnel to the 
     facility under the agreement;
       (E) the rights and responsibilities of the Secretary and 
     the Hospital upon termination of the agreement; and
       (F) any other matters jointly identified by the Secretary 
     and the Hospital.
       (3) The amount of the funds available under subsection (c) 
     that the Secretary is to contribute for the construction of 
     the facility.
       (4) Any conditions or restrictions relating to the 
     construction or use of the facility.
       (c) Availability of Funds for Construction.--Of the amount 
     authorized to be appropriated by section 301(21), not more 
     than $7,000,000 shall be available for the contribution of 
     the Secretary referred to in subsection (b)(3) to the 
     construction of the facility described in subsection (a).
       (d) Notice and Wait.--The Secretary may not enter into the 
     agreement authorized by subsection (a) until 90 days after 
     the Secretary submits to the congressional defense committees 
     a report describing the agreement. The report shall set forth 
     the memorandum of agreement under subsection (b), 
     information regarding the long-term costs and benefits of 
     the agreement, and such other information with respect to 
     the agreement as the Secretary considers appropriate.
       (e) Eligible Individual Defined.--In this section, the term 
     ``eligible individual'' means any individual eligible for 
     medical and dental care under chapter 55 of title 10, United 
     States Code, including any individual entitled to such care 
     under section 1074(a) of that title.
                                                                    ____


                           Amendment No. 651

       On page 425, line 12, strike ``$2,000,000'' and insert 
     ``$5,000,000''.
                                                                    ____


                           Amendment No. 652

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

     SEC. 1009. INCREASED AMOUNTS FOR CHEMICAL AND BIOLOGICAL 
                   DEFENSE COUNTERPROLIFERATION PROGRAMS.

       (a) Increases.--Notwithstanding any other provision of this 
     Act--
       (1) the amount authorized to be appropriated under section 
     104 for chemical and biological defense counterproliferation 
     programs is hereby increased by $67,000,000;
       (2) the amount authorized to be appropriated under section 
     201(4) for chemical and biological defense 
     counterproliferation programs is hereby increased by 
     $36,000,000; and
       (3) the amount authorized under section 301(5) is hereby 
     increased by $15,000,000.
       (b) Decrease.--Notwithstanding any other provision of this 
     Act, the total amount authorized to be appropriated under 
     section 201(4) for the Space-Based Laser program is hereby 
     decreased by $118,000,000.
                                                                    ____


                           Amendment No. 653

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

     SEC. 1009. INCREASED AMOUNTS FOR CHEMICAL AND BIOLOGICAL 
                   DEFENSE COUNTERPROLIFERATION PROGRAMS.

       (a) Increase.--Notwithstanding any other provision of this 
     Act, the total amount authorized to be appropriated under 
     titles I, II, and III for chemical and biological defense 
     counterproliferation programs is hereby increased by 
     $118,000,000.
       (b) Decrease.--Notwithstanding any other provision of this 
     Act, the total amount authorized to be appropriated under 
     section 201(4) for the Space-Based Laser program is hereby 
     decreased by $118,000,000.
                                                                    ____


                           Amendment No. 654

       On page 306, between lines 4 and 5, insert the following:

     SEC. 1041. REPORT ON HELSINKI JOINT STATEMENT.

       (a) Requirement.--Not later than March 31, 1998, the 
     President shall submit to the congressional defense 
     committees a report on the Helsinki joint statement. The 
     report shall include the following:
       (1) A description of the options available to the United 
     States to meet the objective of between 2,000 and 2,500 
     strategic nuclear warheads as contemplated under a potential 
     third agreement between the United States and the Russian 
     Federation on reductions and limitations of strategic 
     offensive arms.
       (2) An assessment of the military and budgetary 
     consequences of each such option.
       (3) An assessment of the mechanisms available to verify 
     compliance with each such option.
       (4) A description and assessment of the options available 
     to deactivate the strategic nuclear warhead delivery systems 
     that are required to be deactivated by December 31, 2003, 
     under the START II Treaty, including mechanisms to ensure the 
     verification of such deactivation and to ensure the 
     reversibility of such deactivation.
       (5) A description and assessment of the options available 
     to limit the numbers of long-range sea-launched nuclear 
     cruise missiles and the numbers of tactical nuclear weapons.
       (6) A description and assessment of the options available 
     to monitor and verify reductions in inventories of strategic 
     nuclear weapons, tactical nuclear weapons, and related 
     nuclear materials.
       (b) Definitions.--In this section:
       (1) The term ``Helsinki Joint Statement'' means the 
     agreements between the President of the United States and the 
     President of the Russian Federation as contained in the Joint 
     Statement on Parameters on Future Reductions in Nuclear 
     Forces issued at Helsinki in March 1997.

[[Page S6931]]

       (2) The term ``START II Treaty'' means the Treaty Between 
     the United States of America and the Russian Federation on 
     Further Reduction and Limitation on Strategic Offensive Arms, 
     signed at Moscow on January 3, 1993, including any protocols 
     and memoranda of understanding associated with the treaty.
                                 ______
                                 

                     CONRAD AMENDMENTS NOS. 655-656

  (Ordered to lie on the table.)
  Mr. CONRAD submitted two amendments intended to be proposed by him to 
the bill, S. 936, supra; as follows:

                           Amendment No. 655

       At the end of subtitle E of title I, add the following:

     SEC. 144. AIR FORCE AIRCRAFT ENGINE MODERNIZATION 
                   DEMONSTRATION PROGRAM.

       (a) Engine Replacement Program.--(1) The Secretary of the 
     Air Force may carry out a program to demonstrate the 
     replacement of existing engines on Air Force aircraft in 
     active service with commercial aircraft engines. Under the 
     program, the Secretary shall replace the engines on B-52H 
     aircraft with engines that are commercial items described in 
     section 4(12)(A) of the Office of Federal Procurement Policy 
     Act (41 U.S.C. 403(12)(A)).
       (2) An engine modernization demonstration program carried 
     out under this section may include (in addition to other 
     elements) any or all of the following elements:
       (A) Integration of replacement engines and related 
     equipment into existing aircraft and testing of the 
     integrated engines and related equipment.
       (B) Fabrication and installation of the replacement engines 
     and related equipment.
       (C) Acquisition of the replacement engines and related 
     equipment by means of leasing under commercial terms and 
     conditions, including commercial terms and conditions 
     pertaining to indemnification.
       (D) Acquisition of the logistical support for the 
     replacement engines and related equipment.
       (b) Multiple Contracts Authorized.--The Secretary may enter 
     into more than one contract for the purposes of subsection 
     (a).
       (c) Lease Terms and Conditions.--(1) A contract for the 
     lease of aircraft engines and related equipment under this 
     section may be for a period not to exceed 30 years.
       (2) Any contract for the lease of aircraft engines and 
     related equipment under this section may provide for the 
     termination liability of the United States under the 
     contract. Any such termination liability shall be subject to 
     a limitation in the contract that any obligation of the 
     United States to pay the termination liability is subject to 
     the availability of funds specifically appropriated for that 
     purpose pursuant to an authorization of appropriations 
     specifically for that purpose.
       (3)(A) Any contract for the lease of aircraft engines and 
     related equipment entered into under this section may provide 
     for the United States to indemnify the lessor for any covered 
     loss (except as provided in subparagraph (C)).
       (B) A covered loss under this paragraph may, to the extent 
     provided in the contract, include any loss, injury, or damage 
     to the lessor, any employee of the lessor, or any third 
     party, or to any property of the lessor or a third party, 
     that arises out of, or is related to, the lease.
       (C) Any such requirement for indemnification shall be 
     subject to a limitation in the contract that any obligation 
     of the United States to pay such indemnification is subject 
     to the availability of funds specifically appropriated for 
     that purpose pursuant to an authorization of appropriations 
     specifically for that purpose.
       (D) The United States shall not be required to indemnify a 
     lessor, and a contract under this section may not obligate 
     the United States to indemnify a lessor, for a loss, injury, 
     or damage that is caused by willful misconduct of managerial 
     personnel of the lessor or of the engine supplier.
       (d) Source of Funds.--Notwithstanding any other provision 
     of law (including any law regarding fiscal year limitations), 
     payments under any such contract for a fiscal year may be 
     made from funds appropriated for the Air Force for that 
     fiscal year for operations and maintenance.
       (e) Waiver of Certain Provisions of Law.--The Secretary of 
     the Air Force may enter into contracts and incur obligations 
     under this section without regard to the following provisions 
     of law:
       (1) The limitations on making and authorizing an obligation 
     and involving the United States in a contract or obligation 
     that are set forth in section 1341 of title 31, United States 
     Code.
       (2) The limitations on accepting voluntary services and 
     employing personal services that are set forth in section 
     1342 of such title.
       (3) The limitations on availability of funds that are set 
     forth in section 1502 of such title.
       (4) Any apportionment or other division of appropriations, 
     any other administrative restriction, and any reporting 
     requirement that, but for this paragraph, would otherwise 
     apply to the contract or obligation under subchapter II of 
     chapter 15 of such title.
       (5) The limitations on contracting and purchasing that are 
     set forth in section 3732(a) of the Revised Statutes (41 
     U.S.C. 11(a)).
       (f) Budgetary Treatment of Leases.--(1) The Secretary of 
     Defense, the Secretary of the Air Force, and the Director of 
     the Office of Management and Budget shall treat a contract 
     for a lease entered into pursuant to this section as an 
     operating lease for all purposes of the Federal budget 
     without regard to any provision of law relating to the 
     Federal budget, including part C of title II of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     900 et seq.) and any regulation or directive (including any 
     directive of the Office of Management and Budget) issued 
     thereunder.
       (2) The Secretary may enter into contracts under this 
     section only to the extent, and in the amount, specifically 
     provided in an Act enacted after the date of the enactment of 
     this Act. A provision in an Act enacted after the date of the 
     enactment of this Act that provides specific authority to 
     enter into a contract under this section, subject to a 
     specific maximum dollar amount, shall not be considered to be 
     budget authority for any purpose, and appropriations provided 
     in annual appropriations Acts for payments of United States 
     obligations under such a contract as those payments become 
     due shall be considered to be budget authority.
       (g) Prior Congressional Notification.--Before entering into 
     a contract under this section, the Secretary shall notify the 
     congressional defense committees and the Committees on the 
     Budget of the Senate and House of Representatives of the 
     Secretary's intent to enter into the contract and certify to 
     those committees that such contract is in the national 
     interest. The contract may then be entered into only after 
     the end of the 30-day period beginning on the date of such 
     notification and certification.
                                                                    ____


                           Amendment No. 656

       At the end of title X, add the following:

     SEC.   . CLAIMS BY MEMBERS OF THE ARMED FORCES FOR LOSS OF 
                   PERSONAL PROPERTY DUE TO FLOODING IN THE RED 
                   RIVER BASIN.

       (a) Findings.--Congress makes the following findings:
       (1) The flooding that occurred in the portion of the Red 
     River Basin encompassing East Grand Forks, Minnesota, and 
     Grand Forks, North Dakota, during April and May 1997 is the 
     worst flooding to occur in that region in the last 500 years.
       (2) Over 700 military personnel stationed in the vicinity 
     of Grand Forks Air Force Base reside in that portion of the 
     Red River Basin.
       (3) The military personnel stationed in the vicinity of 
     Grand Forks Air Force Base have been stationed there entirely 
     for the convenience of the Government.
       (4) There is insufficient military family housing at Grand 
     Forks Air Force Base for all of those military personnel, and 
     the available off-base housing is almost entirely within the 
     areas adversely affected by the flood.
       (5) Many of the military personnel have suffered 
     catastrophic losses, including total losses of personal 
     property by some of the personnel.
       (6) It is vital to the national security interests of the 
     United States that the military personnel adversely affected 
     by the flood recover as quickly and completely as possible.
       (b) Authorization.--The Secretary of the military 
     department concerned may pay claims for loss and damage to 
     personal property suffered as a direct result of the flooding 
     in the Red River Basin during April and May 1997, by members 
     of the Armed Forces residing in the vicinity of Grand Forks 
     Air Force Base, North Dakota, without regard to the 
     provisions of section 3721(e) of title 31, United States 
     Code.
                                 ______
                                 

                        DURBIN AMENDMENT NO. 657

  (Ordered to lie on the table.)
  Mr. DURBIN submitted an amendment to be proposed by him to the bill, 
S. 936, supra; as follows:

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

     SEC. 1075. DEFENSE BURDENSHARING.

       (a) Efforts To Increase Allied Burdensharing.--The 
     President shall seek to have each nation that has cooperative 
     military relations with the United States (including security 
     agreements, basing arrangements, or mutual participation in 
     multinational military organizations or operations) take one 
     or more of the following actions:
       (1) For any nation in which United States military 
     personnel are assigned to permanent duty ashore, increase its 
     financial contributions to the payment of the nonpersonnel 
     costs incurred by the United States Government for stationing 
     United States military personnel in that nation, with a goal 
     of achieving by September 30, 2000, 75 percent of such costs. 
     An increase in financial contributions by any nation under 
     this paragraph may include the elimination of taxes, fees, or 
     other charges levied on United States military personnel, 
     equipment, or facilities stationed in that nation.
       (2) Increase its annual budgetary outlays for national 
     defense as a percentage of its gross domestic product by 10 
     percent or at least to a level commensurate to that of the 
     United States by September 30, 1998.
       (3) Increase its annual budgetary outlays for foreign 
     assistance (to promote democratization, economic 
     stabilization, transparency arrangements, defense economic 
     conversion, respect for the rule of law, and internationally 
     recognized human rights) by

[[Page S6932]]

     10 percent or at least to a level commensurate to that of the 
     United States by September 30, 1998.
       (4) Increase the amount of military assets (including 
     personnel, equipment, logistics, support and other resources) 
     that it contributes, or would be prepared to contribute, to 
     multinational military activities worldwide.
       (b) Authorities To Encourage Actions by United States 
     Allies.--In seeking the actions described in subsection (a) 
     with respect to any nation, or in response to a failure by 
     any nation to undertake one or more of such actions, the 
     President may take any of the following measures to the 
     extent otherwise authorized by law:
       (1) Reduce the end strength level of members of the Armed 
     Forces assigned to permanent duty ashore in that nation.
       (2) Impose on that nation fees or other charges similar to 
     those that such nation imposes on United States forces 
     stationed in that nation.
       (3) Reduce (through rescission, impoundment, or other 
     appropriate procedures as authorized by law) the amount the 
     United States contributes to the NATO Civil Budget, Military 
     Budget, or Security Investment Program.
       (4) Suspend, modify, or terminate any bilateral security 
     agreement the United States has with that nation, consistent 
     with the terms of such agreement.
       (5) Reduce (through rescission, impoundment or other 
     appropriate procedures as authorized by law) any United 
     States bilateral assistance appropriated for that nation.
       (6) Take any other action the President determines to be 
     appropriate as authorized by law.
       (c) Report on Progress in Increasing Allied 
     Burdensharing.--Not later than March 1, 1998, the Secretary 
     of Defense shall submit to Congress a report on--
       (1) steps taken by other nations to complete the actions 
     described in subsection (a);
       (2) all measures taken by the President, including those 
     authorized in subsection (b), to achieve the actions 
     described in subsection (a);
       (3) the difference between the amount allocated by other 
     nations for each of the actions described in subsection (a) 
     during the period beginning on March 1, 1996, and ending on 
     February 28, 1997, and during the period beginning on March 
     1, 1997, and ending on February 28, 1998; and
       (4) the budgetary savings to the United States that are 
     expected to accrue as a result of the steps described under 
     paragraph (1).
       (d) Report on National Security Bases for Forward 
     Deployment and Burdensharing Relationships.--(1) In order to 
     ensure the best allocation of budgetary resources, the 
     President shall undertake a review of the status of elements 
     of the United States Armed Forces that are permanently 
     stationed outside the United States. The review shall include 
     an assessment of the following:
       (A) The alliance requirements that are to be found in 
     agreements between the United States and other countries.
       (B) The national security interests that support 
     permanently stationing elements of the United States Armed 
     Forces outside the United States.
       (C) The stationing costs associated with the forward 
     deployment of elements of the United States Armed Forces.
       (D) The alternatives available to forward deployment (such 
     as material prepositioning, enhanced airlift and sealift, or 
     joint training operations) to meet such alliance requirements 
     or national security interests, with such alternatives 
     identified and described in detail.
       (E) The costs and force structure configurations associated 
     with such alternatives to forward deployment.
       (F) The financial contributions that allies of the United 
     States make to common defense efforts (to promote 
     democratization, economic stabilization, transparency 
     arrangements, defense economic conversion, respect for the 
     rule of law, and internationally recognized human rights).
       (G) The contributions that allies of the United States make 
     to meeting the stationing costs associated with the forward 
     deployment of elements of the United States Armed Forces.
       (H) The annual expenditures of the United States and its 
     allies on national defense, and the relative percentages of 
     each nation's gross domestic product constituted by those 
     expenditures.
       (2) The President shall submit to Congress a report on the 
     review under paragraph (1). The report shall be submitted not 
     later than March 1, 1998, in classified and unclassified 
     form.
                                 ______
                                 

                  LUGAR (AND OTHERS) AMENDMENT NO. 658

  Mr. LUGAR (for himself, Mr. Hagel, Mr. Jeffords, Mr. Chafee, Mr. 
Specter, Mr. D'Amato, Mr. Frist, Mr. Gorton, Ms. Snowe, Ms. Collins, 
Mr. Kennedy, Mr. Biden, Mr. Kerrey, Mr. Lieberman, Mr. Byrd, Mr. Reed, 
Mr. Daschle, Mr. Robb, Mr. Bingaman, Mr. Domenici, and Mr. Levin) 
proposed an amendment to the bill, S. 936, supra; as follows:
       On page 272, between lines 1 and 2, insert the following:

     SEC. 1009. COOPERATIVE THREAT REDUCTION PROGRAMS AND RELATED 
                   DEPARTMENT OF ENERGY PROGRAMS.

       (a) Decrease in Authorization of Appropriations for 
     Environmental Management Science Program.--Notwithstanding 
     any other provision of this Act, the amount authorized to be 
     appropriated by section 3102(f) is hereby decreased by 
     $40,000,000.
       (b) Decrease in Authorization of Appropriations for 
     Environment, Safety and Health, Defense.--Notwithstanding any 
     other provision of this Act, the amount authorized to be 
     appropriated by section 3103(6) is hereby decreased by 
     $19,000,000.
       (c) Decrease in Authorization of Appropriations for Other 
     Procurement, Navy.--Notwithstanding any other provision of 
     this Act, the amount authorized to be appropriated by section 
     102(Q)(5) is hereby decreased by $56,000,000.
       (d) Decrease in Authorization of Appropriations for 
     Operation and Maintenance, Defense-Wide.--Notwithstanding any 
     other provision of law, the amount authorized to be 
     appropriated by section 301(5) is hereby decreased by 
     $20,000,000.
       (e) Increase in Authorization of Appropriations for Former 
     Soviet Union Threat Reduction Programs.--Notwithstanding any 
     other provision of this Act, the amount authorized to be 
     appropriated by section 301(22) is hereby increased by 
     $60,000,000.
       (f) Increase in Authorization of Appropriations for 
     Department of Energy for Other Defense Activities.--
     Notwithstanding any other provision of this Act, the total 
     amount authorized to be appropriated by section 3103 is 
     hereby increased by $56,000,000.
       (g) Increase in Authorization of Appropriations for 
     Department of Energy for Arms Control.--Notwithstanding any 
     other provision of this Act, the amount authorized to be 
     appropriated by section 3103(1)(B) is hereby increased by 
     $25,000,000 (in addition to any increase under subsection (e) 
     that is allocated to the authorization of appropriations 
     under such section 3103(1)(B)).
       (h) Authorization of Appropriations for Department of 
     Energy for International Nuclear Safety Programs.--Funds are 
     hereby authorized to be appropriated to the Department of 
     Energy for fiscal year 1998 for other defense activities in 
     carrying out programs relating to international nuclear 
     safety that are necessary for national security in the amount 
     of $50,000,000.
       (i) Training for United States Border Security.--Section 
     1421 of the National Defense Authorization Act for Fiscal 
     Year 1997 (Public Law 104-201; 110 Stat. 2725; 50 U.S.C. 
     2331) is amended--
       (1) by striking out ``and'' at the end of paragraph (2);
       (2) by striking out the period at the end of paragraph (3) 
     and inserting in lieu thereof  ``; and''; and
       (3) by adding at the end the following:
       ``(4) training programs and assistance relating to the use 
     of such equipment, materials, and technology and for the 
     development of programs relating to such use.''.
       (j) International Border Security Through Fiscal Year 
     1999.--Section 1424(b) of the National Defense Authorization 
     Act for Fiscal Year 1997 (110 Stat. 2726; 10 U.S.C. 2333(b)) 
     is amended by adding at the end the following: ``Amounts 
     available under the proceeding sentence shall be available 
     until September 30, 1999.''.
       (j) Authority To Vary Amounts Available for Cooperative 
     Threat Reduction Programs.--(1) Section 1502(b) of the 
     National Defense Authorization Act for Fiscal Year 1997 (110 
     Stat. 2732) is amended--
       (A) in the subsection heading, by striking out ``Limited''; 
     and
       (B) in the first sentence of paragraph (1), by striking out 
     ``, but not in excess of 115 percent of that amount''.
       (2) Section 1202(b) of the National Defense Authorization 
     Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 469) 
     is amended--
       (A) in the subsection heading, by striking out ``Limited''; 
     and
       (B) in the first sentence of paragraph (1), by striking out 
     ``, but not in excess of 115 percent of that amount''.
                                 ______
                                 

                      LIEBERMAN AMENDMENT NO. 659

  (Ordered to lie on the table.)
  Mr. LIEBERMAN submitted an amendment intended to be proposed by him 
to the bill, S. 936, supra; as follows:

       At the end of subtitle E of title I, add the following:

     SEC. 144. NATO JOINT SURVEILLANCE/TARGET ATTACK RADAR SYSTEM.

       (a) Funding.--Amounts authorized to be appropriated under 
     this title and title II are available for a NATO alliance 
     ground surveillance capability that is based on the Joint 
     Surveillance/Target Attack Radar System of the United States, 
     as follows:
       (1) Of the amount authorized to be appropriated under 
     section 101(5), $26,153,000.
       (2) Of the amount authorized to be appropriated under 
     section 103(1), $10,000,000.
       (3) Of the amount authorized to be appropriated under 
     section 201(1), $13,500,000.
       (4) Of the amount authorized to be appropriated under 
     section 201(3), $26,061,000.
       (b) Authority.--(1) Subject to paragraph (2), the Secretary 
     of Defense may utilize authority under section 2350b of title 
     10, United States Code, for contracting for the purposes of 
     Phase I of a NATO Alliance Ground Surveillance capability 
     that is based on the Joint Surveillance/Target Attack Radar 
     System of the United States, notwithstanding

[[Page S6933]]

     the condition in such section that the authority be utilized 
     for carrying out contracts or obligations incurred under 
     section 27(d) of the Arms Export Control Act (22 U.S.C. 
     2767(d)).
       (2) The authority under paragraph (1) applies during the 
     period that the conclusion of a cooperative project agreement 
     for a NATO Alliance Ground Surveillance capability under 
     section 27(d) of the Arms Export Control Act is pending, as 
     determined by the Secretary of Defense.
       (c) Modification of Air Force Aircraft.--Amounts available 
     pursuant to paragraphs (2) and (4) of subsection (a) may be 
     used to provide for modifying two Air Force Joint 
     Surveillance/Target Attack Radar System production aircraft 
     to have a NATO Alliance Ground Surveillance capability that 
     is based on the Joint Surveillance/Target Attack Radar System 
     of the United States.
                                 ______
                                 

                 BREAUX (AND OTHERS) AMENDMENT NO. 660

  (Ordered to lie on the table.)
  Mr. BREAUX (for himself, Mr. Lott, Mr. Thurmond, Mr. Stevens, Mr. 
Byrd, Mr. Inouye, Mr. Ford, Mr. Cleland, Mr. Murkowski, Mr. Akaka, Ms. 
Moseley-Braun, Mr. Durbin, Ms. Landrieu, Mr. Cochran, Mr. Faircloth, 
Mr. Rockefeller, Mr. Kohl, Mr. Burns, Mr. Hollings, Mr. Campbell, Mr. 
Reid, and Mr. Wyden) submitted an amendment intended to be proposed by 
them to the bill, S. 936, supra; as follows:

       Strike out section 1052, and insert in lieu thereof the 
     following:

     SEC. 1052. NATIONAL GUARD CIVILIAN YOUTH OPPORTUNITIES 
                   PROGRAM.

       (a) Three-Year Extension of Program.--Subsection (a) of 
     section 1091 of the National Defense Authorization Act for 
     Fiscal Year 1993 (Public Law 102-484; 32 U.S.C. 501 note) is 
     amended by striking out ``During fiscal years 1993 through 
     1995'' and inserting in lieu thereof ``(1) During fiscal 
     years 1993 through 2000''.
       (b) New State Programs for Fiscal Year 1998.--Subsection 
     (a) of such section, as amended by subsection (a), is further 
     amended by adding at the end the following:
       ``(2) The Secretary of Defense shall enter into agreements 
     under subsection (d) to initiate participation in the program 
     by at least five additional States in fiscal year 1998. The 
     Secretary shall enter into the agreements with those States 
     in the order in which applications for the agreements have 
     been received by the National Guard Bureau from those 
     States.''.
       (c) Cost-Sharing With Sources Outside the Department of 
     Defense.--(1) Such section is amended by striking out 
     subsection (k) and inserting in lieu thereof the following:
       ``(k) Cost-Sharing.--(1) The Secretary of Defense shall pay 
     the share of the total cost of carrying out the program in a 
     State that is not required to be paid by sources outside the 
     Department of Defense under this subsection.
       ``(2) In the case of a State that begins to participate in 
     the program after fiscal year 1997, the Secretary of Defense 
     shall pay the total cost of carrying out the program in that 
     State in the first fiscal year.
       ``(3) Except as provided in paragraph (2), sources outside 
     the Department of Defense shall pay a share of the total cost 
     of carrying out the program in a State in any fiscal year 
     after fiscal year 1997 as follows:
       ``(A) For fiscal year 1998, 25 percent.
       ``(B) For a fiscal year after fiscal year 1998, 50 percent.
       ``(4) The fair market value (as determined under 
     regulations prescribed by the Secretary) of in-kind 
     contributions to the program by a source or sources outside 
     the Department of Defense shall be counted toward 
     satisfaction of the share of the cost of the program required 
     under paragraph (3) to be paid by sources outside the 
     Department of Defense.''.
       (2) Subsection (d)(3) of such section is amended by 
     inserting ``, subject to subsection (k),'' after ``provide 
     funds''.
       (d) Recharacterization of Program.--(1) Such section is 
     further amended by striking out ``pilot'' each place it 
     appears.
       (2) The heading of such section is amended by striking out 
     ``PILOT''.
       (e) Conforming Repeal.--Section 573 of the National Defense 
     Authorization Act for Fiscal Year 1996 (Public Law 104-106; 
     110 Stat. 355; 32 U.S.C. 501 note) is repealed.
       (f) Funding.--(1) Of the amount authorized to be 
     appropriated under section 301(5), $48,000,000 is available 
     only for the National Guard Civilian Youth Opportunities 
     Program established under section 1091 of the National 
     Defense Authorization Act for Fiscal Year 1993.
       (2) The amount authorized to be appropriated under section 
     421 is hereby reduced by $28,000,000.
                                 ______
                                 

                        HARKIN AMENDMENT NO. 661

  (Ordered to lie on the table.)
  Mr. HARKIN submitted an amendment intended to be proposed by him to 
the bill, S. 936, supra; as follows:

       After section 3, insert the following:

     SEC. 4. GENERAL LIMITATION.

       Notwithstanding any other provision of this Act, the total 
     amount authorized to be appropriated for fiscal year 1998 for 
     the national defense function under the provisions of this 
     Act is $265,600,000,000.
                                 ______
                                 

                 HARKIN (AND DURBIN) AMENDMENT NO. 662

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

       On page 59, after line 14, add the following new paragraph 
     (3):
       ``(3) The Secretary of a military department may conduct a 
     pilot program, consistent with applicable requirements of 
     law, to test any practices referred to in paragraph (2) that 
     the Secretary determines could improve the efficiency and 
     effectiveness of depot-level operations, improve the support 
     provided by depot-level activities for the armed forces user 
     of the services of such activities, and enhance readiness by 
     reducing the time that it takes to repair equipment.
       On page 101, between lines 21 and 22, insert the following:
       (3) For the purposes of this section, the term ``best 
     commercial inventory practice'' includes a so-called prime 
     vendor arrangement and any other practice that the Director 
     determines will enable the Defense Logistics Agency to reduce 
     inventory levels and holding costs while improving the 
     responsiveness of the supply system to user needs.
       On page 268, line 8, strike out ``(L)'' and insert in lieu 
     thereof the following:
       (L) Actions that can be taken to ensure that each 
     comptroller position and each comparable position in the 
     Department of Defense, whether filled by a member of the 
     Armed Forces or a civilian employee, is filled by a person 
     who, by reason of education, technical competence, and 
     experience, has the core competencies for financial 
     management.
       (M)
                                 ______
                                 

                      ROBB AMENDMENTS NOS. 663-664

  (Ordered to lie on the table.)
  Mr. ROBB submitted two amendments intended to be proposed by him to 
the bill, S. 936, supra; as follows:

                           Amendment No. 663

       At the end of subtitle A of title VIII, add the following:

     SEC. 809. ALLOWABILITY OF COSTS OF EMPLOYEE STOCK OWNERSHIP 
                   PLANS.

       (a) Prohibition.--Under section 2324 of title 10, United 
     States Code, the Secretary of Defense may not determine the 
     allowability of costs of employee stock ownership plans under 
     contracts with the Department of Defense in accordance with 
     the rule described in subsection (b).
       (b) Rule.--The rule referred to in subsection (a) is the 
     rule that was--
       (1) proposed by the Civilian Agency Acquisition Council and 
     the Defense Acquisition Regulations Council on November 7, 
     1995, and referred to as FAR Case 92-024, Employee Stock 
     Ownership Plans (60 Federal Register 56216); and
       (2) withdrawn by such Councils on April 8, 1996 (61 Federal 
     Register 14944).
                                                                    ____


                           Amendment No. 664

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

     SEC. 1009. TRANSFER FOR ELECTRON SCRUBBER TECHNOLOGY.

       Not later than January 1, 1998, the Secretary of Defense 
     shall transfer $10,000,000, out of funds appropriated for the 
     Environmental Security Technology Certification Program under 
     title IV of the Department of Defense Appropriations Act, 
     1997 (section 101(b) of Public Law 104-208), to the 
     Department of Energy for the Pittsburgh Energy Technology 
     Center for the project on electron scrubbing to remove 
     unwanted by-products.
                                 ______
                                 

                        HARKIN AMENDMENT NO. 665

  (Ordered to lie on the table.)
  Mr. HARKIN submitted an amendment intended to be proposed by him to 
the bill, S. 936, supra; as follows:

       At the end of subtitle E of title V, add the following:

     SEC. 664. SUBSISTENCE OF MEMBERS OF THE ARMED FORCES ABOVE 
                   THE POVERTY LEVEL.

       (a) Findings.--Congress makes the following findings:
       (1) The morale and welfare of members of the Armed Forces 
     and their families are key components of the readiness of the 
     Armed Forces.
       (2) Several studies have documented significant instances 
     of members of the Armed Forces and their families relying on 
     various forms of income support under programs of the Federal 
     Government, including assistance under the Food Stamp Act of 
     1977 (7 U.S.C. 2012(o) and assistance under the special 
     supplemental nutrition program for women, infants, and 
     children under section 17 of the Child Nutrition Act of 1966 
     (42 U.S.C. 1786).
       (b) Sense of Congress.--It is the sense of Congress that 
     the Secretary of Defense should strive--
       (1) to eliminate the need for members of the Armed Forces 
     and their families to subsist at, near, or below the poverty 
     level; and
       (2) to improve the wellbeing and welfare of members of the 
     Armed Forces and their families by implementing, and 
     programming full

[[Page S6934]]

     funding for, programs that have proven effective in elevating 
     the standard of living of members and their families 
     significantly above the poverty level.
       (c) Study Required.--(1) The Secretary of Defense shall 
     conduct a study of members of the Armed Forces and their 
     families who subsist at, near, or below the poverty level.
       (2) The study shall include the following:
       (A) An analysis of potential solutions for mitigating or 
     eliminating the need for members of the Armed Forces and 
     their families to subsist at, near, or below the poverty 
     level, including potential solutions involving changes in the 
     systems and rates of basic allowance for subsistence, basic 
     allowance for quarters, and variable housing allowance.
       (B) Identification of the populations most likely to need 
     income support under Federal Government programs, including--
       (i) the populations living in areas of the United States 
     where housing costs are notably high;
       (ii) the populations living outside the United States; and
       (iii) the number of persons in each identified population.
       (C) The desirability of increasing rates of basic pay and 
     allowances over a defined period of years by a range of 
     percentages that provides for higher percentage increases for 
     lower ranking personnel than for higher ranking personnel.
       (d) Implementation of Department of Defense Special 
     Supplemental Food Program for Personnel Outside the United 
     States.--(1) Section 1060a(a) of title 10, United States 
     Code, is amended by striking out ``may'' and inserting in 
     lieu thereof ``shall''.
       (2) The Secretary of Defense shall implement the program 
     required under section 1060a of title 10, United States Code, 
     not later than the date that is 180 days after the date of 
     the enactment of this Act.
       (3) Section 1060a(b) of title 10, United States Code, is 
     amended to read as follows:
       ``(b) Federal Payments and Commodities.--For the purpose of 
     obtaining Federal payments and commodities in order to carry 
     out the program referred to in subsection (a), the Secretary 
     of Agriculture shall make available to the Secretary of 
     Defense the same payments and commodities as are made for the 
     special supplemental food program in the United States under 
     section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 
     1786). The Secretary of Agriculture shall use funds 
     appropriated for such program under section 17 of such Act to 
     make the payments and commodities available. Funds available 
     for the Department of Defense shall be used for carrying out 
     the program under subsection (a) pending receipt of funds 
     from the Secretary of Agriculture.''.
       (4) Not later than 90 days after the date of the enactment 
     of this Act, the Secretary of Defense shall submit to 
     Congress a plan for implementing the program referred to in 
     paragraph (2).
                                 ______
                                 

                   WELLSTONE AMENDMENTS NOS. 666-668

  (Ordered to lie on the table.)
  Mr. WELLSTONE submitted three amendments intended to be proposed by 
him to the bill, S. 936, supra; as follows:

                           Amendment No. 666

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

     SEC.   . TRANSFER OF FUNDS FOR FEDERAL PELL GRANTS.

       (a) Transfer Required.--The Secretary of Defense shall 
     transfer to the Secretary of Education $2,600,000,000 of the 
     funds appropriated for the Department of Defense for fiscal 
     year 1998.
       (b) Use of Transferred Funds.--Funds transferred to the 
     Secretary of Education pursuant to subsection (a) shall be 
     available to carry out subpart 1 of part A of title IV of the 
     Higher Education Act of 1965 (20 U.S.C. 1070a) for fiscal 
     year 1998.
                                                                    ____


                           Amendment No. 667

       At the end of Division A, add the following:
               TITLE XII--SCHOOL CONSTRUCTION ASSISTANCE

     SEC. 12001. SHORT TITLE.

       This title may be cited as the ``Partnership to Rebuild 
     America's Schools Act of 1997''.

     SEC. 12002. TABLE OF CONTENTS.

       The table of contents for this title is as follows:

               TITLE XII--SCHOOL CONSTRUCTION ASSISTANCE

Sec. 12001. Short title.
Sec. 12002. Table of contents.
Sec. 12003. Findings and purpose.
Sec. 12004. Definitions.

           Subtitle A--School Construction Assistance Program

                Chapter 1--Funding; Allocation of Funds

Sec. 12111. Funding.
Sec. 12112. Allocation of funds.

                      Chapter 2--Grants to States

Sec. 12121. Allocation of funds.
Sec. 12122. Eligible State agency.
Sec. 12123. Allowable uses of funds.
Sec. 12124. Eligible construction projects; period for initiation.
Sec. 12125. Selection of localities and projects.
Sec. 12126. State applications.
Sec. 12127. Amount of Federal subsidy.
Sec. 12128. Separate funds or accounts; prudent investment.
Sec. 12129. State reports.

         Chapter 3--Direct Grants to Local Educational Agencies

Sec. 12131. Eligible local educational agencies.
Sec. 12132. Grantees.
Sec. 12133. Allowable uses of funds.
Sec. 12134. Eligible construction projects; redistribution.
Sec. 12135. Local applications.
Sec. 12136. Formula grants.
Sec. 12137. Competitive grants.
Sec. 12138. Amount of Federal subsidy.
Sec. 12139. Separate funds or accounts; prudent investment.
Sec. 12140. Local reports.

                     Subtitle B--General Provisions

Sec. 12201. Technical employees.
Sec. 12202. Wage rates.
Sec. 12203. No liability of Federal Government.
Sec. 12204. Consultation with Secretary of the Treasury.

     SEC. 12003. FINDINGS AND PURPOSE.

       (a) Findings.--The Congress finds as follows:
       (1) According to the General Accounting Office, one-third 
     of all elementary and secondary schools in the United States, 
     serving 14,000,000 students, need extensive repair or 
     renovation.
       (2) School infrastructure problems exist across the 
     country, but are most severe in central cities and in schools 
     with high proportions of poor and minority children.
       (3) Many States and school districts will need to build new 
     schools in order to accommodate increasing student 
     enrollments; the Department of Education has predicted that 
     the Nation will need 6,000 more schools by the year 2006.
       (4) Many schools do not have the physical infrastructure to 
     take advantage of computers and other technology needed to 
     meet the challenges of the next century.
       (5) While school construction and maintenance are primarily 
     a State and local concern, States and communities have not, 
     on their own, met the increasing burden of providing 
     acceptable school facilities for all students, and the 
     poorest communities have had the greatest difficulty meeting 
     this need.
       (6) The Federal Government, by providing interest subsidies 
     and similar types of support, can lower the costs of State 
     and local school infrastructure investment, creating an 
     incentive for States and localities to increase their own 
     infrastructure improvement efforts and helping ensure that 
     all students are able to attend schools that are equipped for 
     the 21st century.
       (b) Purpose.--The purpose of this title is to provide 
     Federal interest subsidies, or similar assistance, to States 
     and localities to help them bring all public school 
     facilities up to an acceptable standard and build the 
     additional public schools needed to educate the additional 
     numbers of students who will enroll in the next decade.

     SEC. 12004. DEFINITIONS.

       Except as otherwise provided, as used in this title, the 
     following terms have the following meanings:
       (1) Charter school.--The term ``charter school'' has the 
     meaning given that term in section 10306 of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 8066).
       (2) Community school.--The term ``community school'' means 
     a school, or part of a school, that serves as a center for 
     after-school and summer programs and delivery of education, 
     tutoring, cultural, and recreational services, and as a safe 
     haven for all members of the community by--
       (A) collaborating with other public and private nonprofit 
     agencies (including libraries and other educational, human-
     service, cultural, and recreational entities) and private 
     businesses in the provision of services;
       (B) providing services such as literacy and reading 
     programs; senior citizen programs; children's day-care 
     services; nutrition services; services for individuals with 
     disabilities; employment counseling, training, and placement; 
     and other educational, health, cultural, and recreational 
     services; and
       (C) providing those services outside the normal school day 
     and school year, such as through safe and drug-free safe 
     havens for learning.
       (3) Construction.--(A) The term ``construction'' means--
       (i) the preparation of drawings and specifications for 
     school facilities;
       (ii) erecting, building, acquiring, remodeling, renovating, 
     improving, repairing or extending school facilities;
       (iii) demolition, in preparation for rebuilding school 
     facilities; and
       (iv) the inspection and supervision of the construction of 
     school facilities.
       (B) The term ``construction'' does not include the 
     acquisition of any interest in real property.
       (4) Local educational agency.--The term ``local educational 
     agency'' has the meaning given that term in subparagraphs (A) 
     and (B) of section 14101(18) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 8801(18)).
       (5) School facility.--(A) Term ``school facility'' means--
       (i) a public structure suitable for use as a classroom, 
     laboratory, library, media center, or related facility, whose 
     primary purpose is the instruction of public elementary or 
     secondary students; and

[[Page S6935]]

       (ii) initial equipment, machinery, and utilities necessary 
     or appropriate for school purposes.
       (B) The term ``school facility'' does not include an 
     athletic stadium, or any other structure or facility intended 
     primarily for athletic exhibitions, contests, games, or 
     events for which admission is charged to the general public.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.
       (7) State.--The term ``State'' means each of the 50 States 
     and the Commonwealth of Puerto Rico.
       (8) State educational agency.--The term ``State educational 
     agency'' has the meaning given that term in section 14101 of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     8801).
           Subtitle A--School Construction Assistance Program

                CHAPTER 1--FUNDING; ALLOCATION OF FUNDS

     SEC. 12111. FUNDING.

       The Secretary of Defense shall transfer to the Secretary of 
     Education, for the purpose of carrying out this title, 
     $2,600,000,000 of the funds appropriated for the Department 
     of Defense for fiscal year 1998.

     SEC. 12112. ALLOCATION OF FUNDS.

       (a) Reservation for the Secretary of the Interior and the 
     Outlying Areas.--(1) The Secretary of Education shall reserve 
     up to 2 percent of the funds made available by section 12111 
     to--
       (A) provide assistance to the Secretary of the Interior, 
     which the Secretary of the Interior shall use for the school 
     construction priorities described in section 1125(c) of the 
     Education Amendments of 1978 (25 U.S.C. 2005(c)); and
       (B) make grants to American Samoa, Guam, the Virgin 
     Islands, and the Commonwealth of the Northern Mariana 
     Islands, in accordance with their respective needs, as 
     determined by the Secretary.
       (2) Grants provided under paragraph (1)(B) shall be used 
     for activities that the Secretary of Education determines 
     best meet the school infrastructure needs of the areas 
     identified in that paragraph, subject to the terms and 
     conditions, consistent with the purpose of this title, that 
     the Secretary may establish.
       (b) Allocation of Remaining Funds.--Of the remaining funds 
     made available by section 12111--
       (1) 50 percent shall be used for formula grants to States 
     under section 12121;
       (2) 35 percent shall be used for direct formula grants to 
     local educational agencies under section 12136; and
       (3) 15 percent shall be used for competitive grants to 
     local educational agencies under section 12137.

                      CHAPTER 2--GRANTS TO STATES

     SEC. 12121. ALLOCATION OF FUNDS.

       (a) Formula Grants to States.--Subject to subsection (b), 
     the Secretary of Education shall allocate the funds available 
     under section 12112(b)(1) among the States in proportion to 
     the relative amounts each State would have received for basic 
     grants under subpart 2 of part A of title I of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 6331 et seq.) 
     for the most recent fiscal year if the Secretary had 
     disregarded the numbers of children counted under that 
     subpart who were enrolled in schools of local educational 
     agencies that are eligible to receive formula grants under 
     section 12136 of this title.
       (b) Adjustments to Allocations.--The Secretary shall adjust 
     the allocations under subsection (a), as necessary, to ensure 
     that, of the total amount allocated to States under 
     subsection (a) and to local educational agencies under 
     section 12136, the percentage allocated to a State under this 
     section and to localities in the State under section 12136 is 
     at least the minimum percentage for the State described in 
     section 1124(d) of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6334(d)) for the previous fiscal year.
       (c) Reallocations.--If a State does not apply for its 
     allocation, applies for less than its full allocation, or 
     fails to submit an approvable application, the Secretary may 
     reallocate all or a portion of the State's allocation, as the 
     case may be, to the remaining States in the same proportions 
     as the original allocations were made to those States under 
     subsections (a) and (b).

     SEC. 12122. ELIGIBLE STATE AGENCY.

       The Secretary shall award each State's grant to the State 
     agency, such as a State educational agency, a State school 
     construction agency, or a State bond bank, that the Governor, 
     with the agreement of the chief State school officer, 
     designates as best able to administer the grant.

     SEC. 12123. ALLOWABLE USES OF FUNDS.

       Each State shall use its grant under this chapter only for 
     one or more of the following activities to subsidize the cost 
     of eligible school construction projects described in section 
     12124:
       (1) Providing a portion of the interest cost (or of another 
     financing cost approved by the Secretary) on bonds, 
     certificates of participation, purchase or lease 
     arrangements, or other forms of indebtedness issued or 
     entered into by a State or its instrumentality for the 
     purpose of financing eligible projects.
       (2) State-level expenditures approved by the Secretary for 
     credit enhancement for the debt or financing instruments 
     described in paragraph (1).
       (3) Making subgrants, or making loans through a State 
     revolving fund, to local educational agencies or (with the 
     agreement of the affected local educational agency) to other 
     qualified public agencies to subsidize--
       (A) the interest cost (or another financing cost approved 
     by the Secretary) of bonds, certificates of participation, 
     purchase or lease arrangements, or other forms of 
     indebtedness issued or entered into by a local educational 
     agency or other agency or unit of local government for the 
     purpose of financing eligible projects; or
       (B) local expenditures approved by the Secretary for credit 
     enhancement for the debt or financing instruments described 
     in subparagraph (A).
       (4) Other State and local expenditures approved by the 
     Secretary that leverage funds for additional school 
     construction.

     SEC. 12124. ELIGIBLE CONSTRUCTION PROJECTS; PERIOD FOR 
                   INITIATION.

       (a) Eligible Projects.--States and their subgrantees may 
     use funds under this chapter, in accordance with section 
     12123, to subsidize the cost of--
       (1) construction of elementary and secondary school 
     facilities in order to ensure the health and safety of all 
     students, which may include the removal of environmental 
     hazards; improvements in air quality, plumbing, lighting, 
     heating and air conditioning, electrical systems, or basic 
     school infrastructure; and building improvements that 
     increase school safety;
       (2) construction activities needed to meet the requirements 
     of section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 
     794) or of the Americans with Disabilities Act of 1990 (42 
     U.S.C. 12101 et seq.);
       (3) construction activities that increase the energy 
     efficiency of school facilities;
       (4) construction that facilitates the use of modern 
     educational technologies;
       (5) construction of new school facilities that are needed 
     to accommodate growth in school enrollments; or
       (6) construction projects needed to facilitate the 
     establishment of charter schools and community schools.
       (b) Period for Initiation of Project.--(1) Each State shall 
     use its grant under this chapter only to subsidize 
     construction projects described in subsection (a) that the 
     State or its localities have chosen to initiate, through the 
     vote of a school board, passage of a bond issue, or similar 
     public decision, made between July 11, 1996 and September 30, 
     2001.
       (2) If a State determines, after September 30, 2001, that 
     an eligible project for which it has obligated funds under 
     this chapter will not be carried out, the State may use those 
     funds (or any available portion of those funds) for other 
     eligible projects selected in accordance with this chapter.
       (c) Reallocation.--If the Secretary determines, by a date 
     before September 30, 2001, selected by the Secretary, that a 
     State is not making satisfactory progress in carrying out its 
     plan for the use of the funds allocated to it under this 
     chapter, the Secretary may reallocate all or part of those 
     funds, including any interest earned by the State on those 
     funds, to one or more other States that are making 
     satisfactory progress.

     SEC. 12125. SELECTION OF LOCALITIES AND PROJECTS.

       (a) Priorities.--In determining which localities and 
     activities to support with grant funds, each State shall give 
     the highest priority to--
       (1) localities with the greatest needs, as demonstrated by 
     inadequate educational facilities, coupled with a low level 
     of resources available to meet school construction needs; and
       (2) localities that will achieve the greatest leveraging 
     effect on school construction from assistance under this 
     chapter.
       (b) Additional Criteria.--In addition to the priorities 
     required by subsection (a), each State shall consider each of 
     the following in determining the use of its grant funds under 
     this chapter:
       (1) The condition of the school facilities in different 
     communities in the State.
       (2) The energy efficiency and the effect on the environment 
     of projects proposed by communities, and the extent to which 
     these projects use cost-efficient architectural design.
       (3) The commitment of communities to finance school 
     construction and renovation projects with assistance from the 
     State's grant, as demonstrated by their incurring 
     indebtedness or by similar public or private commitments for 
     the purposes described in section 12124(a).
       (4) The ability of communities to repay bonds or other 
     forms of indebtedness supported with grant funds.
       (5) The particular needs, if any, of rural communities in 
     the State for assistance under this title.
       (6) The receipt by local educational agencies in the State 
     of grants under chapter 3, except that a local educational 
     agency is not ineligible for a subgrant under this chapter 
     solely because it receives such a grant.

     SEC. 12126. STATE APPLICATIONS.

       (a) Application Required.--A State that wishes to receive a 
     grant under this chapter shall submit an application to the 
     Secretary, in the manner the Secretary may require, not later 
     than two years after the date of enactment of this Act.
       (b) Development of Application.--(1) The State agency 
     designated under section 12122 shall develop the State's 
     application under this chapter only after broadly consulting

[[Page S6936]]

     with the State board of education, and representatives of 
     local school boards, school administrators, the business 
     community, parents, and teachers in the State about the best 
     means of carrying out this chapter.
       (2) If the State educational agency is not the State agency 
     designated under section 12122, the designated agency shall 
     consult with the State educational agency and obtain its 
     approval before submitting the State's application.
       (c) State Survey.--(1) Before submitting the State's 
     application, the State agency designated under section 12122, 
     with the involvement of local school officials and experts in 
     building construction and management, shall survey the needs 
     throughout the State (including in localities receiving 
     grants under chapter 3) for construction and renovation of 
     school facilities, including, at a minimum--
       (A) the overall condition of school facilities in the 
     State, including health and safety problems;
       (B) the capacity of the schools in the State to house 
     projected enrollments; and
       (C) the extent to which the schools in the State offer the 
     physical infrastructure needed to provide a high-quality 
     education to all students.
       (2) A State need not conduct a new survey under paragraph 
     (1) if it has previously completed a survey that meets the 
     requirements of that paragraph and that the Secretary finds 
     is sufficiently recent for the purpose of carrying out this 
     chapter.
       (d) Application Contents.--Each State application under 
     this chapter shall include--
       (1) an identification of the State agency designated by the 
     Governor under section 12122 to receive the State's grant 
     under this chapter;
       (2) a summary of the results of the State's survey of its 
     school facility needs, as described in subsection (c);
       (3) a description of how the State will implement its 
     program under this chapter;
       (4) a description of how the State will allocate its grant 
     funds, including a description of how the State will 
     implement the priorities and criteria described in section 
     12125;
       (5)(A) a description of the mechanisms that will be used to 
     finance construction projects supported by grant funds; and
       (B) a statement of how the State will determine the amount 
     of the Federal subsidy to be applied, in accordance with 
     section 12127(a), to each local project that the State will 
     support;
       (6) a description of how the State will ensure that the 
     requirements of this chapter are met by subgrantees under 
     this chapter;
       (7) a description of the steps the State will take to 
     ensure that local educational agencies will adequately 
     maintain the facilities that are constructed or improved with 
     funds under this chapter;
       (8) an assurance that the State will use its grant only to 
     supplement the funds that the State, and the localities 
     receiving subgrants, would spend on school construction and 
     renovation in the absence of a grant under this chapter, and 
     not to supplant those funds;
       (9) an assurance that, during the four-year period 
     beginning with the year the State receives its grant, the 
     combined expenditures for school construction by the State 
     and the localities that benefit from the State's program 
     under this chapter (which, at the State's option, may include 
     private contributions) will be at least 125 percent of those 
     combined expenditures for that purpose for the four preceding 
     years; and
       (10) other information and assurances that the Secretary 
     may require.
       (e) Waiver of Requirement To Increase Expenditures.--The 
     Secretary may waive or modify the requirement of subsection 
     (d)(9) for a particular State if the State demonstrates to 
     the Secretary's satisfaction that that requirement is unduly 
     burdensome because the State or its localities have incurred 
     a particularly high level of school construction expenditures 
     during the previous four years.

     SEC. 12127. AMOUNT OF FEDERAL SUBSIDY.

       (a) Projects Funded With Subgrants.--For each construction 
     project assisted by a State through a subgrant to a locality, 
     the State shall determine the amount of the Federal subsidy 
     under this chapter, taking into account the number or 
     percentage of children from low-income families residing in 
     the locality, subject to the following limits:
       (1) If the locality will use the subgrant to help meet the 
     costs of repaying bonds issued for a school construction 
     project, the Federal subsidy shall be not more than one-half 
     of the total interest cost of those bonds, determined in 
     accordance with paragraph (4).
       (2) If the bonds to be subsidized are general obligation 
     bonds issued to finance more than one type of activity 
     (including school construction), the Federal subsidy shall be 
     not more than one-half of the interest cost for that portion 
     of the bonds that will be used for school construction 
     purposes, determined in accordance with paragraph (4).
       (3) If the locality elects to use its subgrant for an 
     allowable activity not described in paragraph (1) or (2), 
     such as for certificates of participation, purchase or lease 
     arrangements, reduction of the amount of principal to be 
     borrowed, or credit enhancements for individual construction 
     projects, the Federal subsidy shall be not more than one-half 
     of the interest cost, as determined by the State in 
     accordance with paragraph (4), that would have been incurred 
     if bonds had been used to finance the project.
       (4) The interest cost referred to in paragraphs (1), (2), 
     and (3) shall be--
       (A) calculated on the basis of net present value; and
       (B) determined in accordance with an amortization schedule 
     and any other criteria and conditions the Secretary considers 
     necessary, including provisions to ensure comparable 
     treatment of different financing mechanisms.
       (b) State-Funded Projects.--For a construction project 
     under this chapter funded directly by the State through the 
     use of State-issued bonds or other financial instruments, the 
     Secretary shall determine the Federal subsidy in accordance 
     with subsection (a).
       (c) Non-Federal Share.--A State, and localities in the 
     State receiving subgrants under this chapter, may use any 
     non-Federal funds, including State, local, and private-sector 
     funds, for the financing costs that are not covered by the 
     Federal subsidy under subsection (a).

     SEC. 12128. SEPARATE FUNDS OR ACCOUNTS; PRUDENT INVESTMENT.

       (a) Separate Funds or Accounts Required.--Each State that 
     receives a grant, and each recipient of a subgrant under this 
     chapter, shall deposit the grant or subgrant proceeds in a 
     separate fund or account, from which it shall make bond 
     repayments and pay other expenses allowable under this 
     chapter.
       (b) Prudent Investment Required.--Each State that receives 
     a grant, and each recipient of a subgrant under this chapter, 
     shall--
       (1) invest the grant or subgrant in a fiscally prudent 
     manner, in order to generate amounts needed to make 
     repayments on bonds and other forms of indebtedness described 
     in section 12123; and
       (2) notwithstanding section 6503 of title 31, United States 
     Code or any other law, use the proceeds of that investment to 
     carry out this chapter.

     SEC. 12129. STATE REPORTS.

       (a) Reports Required.--
       (1) Each State receiving a grant under this chapter shall 
     report to the Secretary on its activities under this chapter, 
     in the form and manner the Secretary may prescribe.
       (2) If the State educational agency is not the State agency 
     designated under section 12122, the State's report shall 
     include the approval of the State educational agency or its 
     comments on the report.
       (b) Contents.--Each report shall--
       (1) describe the State's implementation of this chapter, 
     including how the State has met the requirements of this 
     chapter;
       (2) identify the specific school facilities constructed, 
     renovated, or modernized with support from the grant, and the 
     mechanisms used to finance those activities;
       (3) identify the level of Federal subsidy provided to each 
     construction project carried out with support from the 
     State's grant; and
       (4) include any other information the Secretary may 
     require.
       (c) Frequency.--(1) Each State shall submit its first 
     report under this section not later than 24 months after it 
     receives its grant under this chapter.
       (2) Each State shall submit an annual report for each of 
     the three years after submitting its first report, and 
     subsequently shall submit periodic reports as long as the 
     State or localities in the State are using grant funds.

         CHAPTER 3--DIRECT GRANTS TO LOCAL EDUCATIONAL AGENCIES

     SEC. 12131. ELIGIBLE LOCAL EDUCATIONAL AGENCIES.

       (a) Eligible Agencies.--Except as provided in subsection 
     (b), the local educational agencies that are eligible to 
     receive formula grants under section 12136 and competitive 
     grants under section 12137 from the Secretary are the 100 
     local educational agencies with the largest numbers of 
     children aged 5 through 17 from families living below the 
     poverty level, as determined by the Secretary using the most 
     recent data available from the Department of Commerce that 
     are satisfactory to the Secretary.
       (b) Certain Jurisdictions Ineligible.--For the purpose of 
     this chapter, the local educational agencies for Hawaii and 
     the Commonwealth of Puerto Rico are not eligible local 
     educational agencies.

     SEC. 12132. GRANTEES.

       For each local educational agency described in section 
     12131(a) for which an approvable application is submitted, 
     the Secretary shall make any grant under this chapter to the 
     local educational agency or to another public agency, on 
     behalf of the local educational agency, if the Secretary 
     determines, on the basis of the local educational agency's 
     recommendation, that the other agency is better able to carry 
     out activities under this chapter.

     SEC. 12133. ALLOWABLE USES OF FUNDS.

       Each grantee under this chapter shall use its grant only 
     for one or more of the following activities to reduce the 
     cost of financing eligible school construction projects 
     described in section 12134:
       (1) Providing a portion of the interest cost (or of any 
     other financing cost approved by the Secretary) on bonds, 
     certificates of participation, purchase or lease 
     arrangements, or other forms of indebtedness issued or 
     entered into by a local educational agency or other unit or 
     agency of local government for the purpose of financing 
     eligible school construction projects.
       (2) Local expenditures approved by the Secretary for credit 
     enhancement for the

[[Page S6937]]

     debt or financing instruments described in paragraph (1).
       (3) Other local expenditures approved by the Secretary that 
     leverage funds for additional school construction.

     SEC. 12134. ELIGIBLE CONSTRUCTION PROJECTS; REDISTRIBUTION.

       (a) Eligible Projects.--A grantee under this chapter may 
     use its grant, in accordance with section 12133, to subsidize 
     the cost of the activities described in section 12124(a) for 
     projects that the local educational agency has chosen to 
     initiate, through the vote of the school board, passage of a 
     bond issue, or similar public decision, made between July 11, 
     1996 and September 30, 2001.
       (b) Redistribution.--If the Secretary determines, by a date 
     before September 30, 2001 selected by the Secretary, that a 
     local educational agency is not making satisfactory progress 
     in carrying out its plan for the use of funds awarded to it 
     under this chapter, the Secretary may redistribute all or 
     part of those funds, and any interest earned by that agency 
     on those funds, to one or more other local educational 
     agencies that are making satisfactory progress.

     SEC. 12135. LOCAL APPLICATIONS.

       (a) Application Required.--A local educational agency, or 
     an alternative agency described in section 12132 (both 
     referred to in this chapter as the ``local agency''), that 
     wishes to receive a grant under this chapter shall submit an 
     application to the Secretary, in the manner the Secretary may 
     require, not later than two years after the date of enactment 
     of this Act.
       (b) Development of Application.--(1) The local agency shall 
     develop the local application under this chapter only after 
     broadly consulting with parents, administrators, teachers, 
     the business community, and other members of the local 
     community about the best means of carrying out this chapter.
       (2) If the local educational agency is not the applicant, 
     the applicant shall consult with the local educational 
     agency, and shall obtain its approval before submitting its 
     application to the Secretary.
       (c) Local Survey.--(1) Before submitting its application, 
     the local agency, with the involvement of local school 
     officials and experts in building construction and 
     management, shall survey the local need for construction and 
     renovation of school facilities, including, at a minimum--
       (A) the overall condition of school facilities in the local 
     educational agency, including health and safety problems;
       (B) the capacity of the local educational agency's schools 
     to house projected enrollments; and
       (C) the extent to which the local educational agency's 
     schools offer the physical infrastructure needed to provide a 
     high-quality education to all students.
       (2) A local educational agency need not conduct a new 
     survey under paragraph (1) if it has previously completed a 
     survey that meets the requirements of that paragraph and that 
     the Secretary finds is sufficiently recent for the purpose of 
     carrying out this chapter.
       (d) Application Contents.--Each local application under 
     this chapter shall include--
       (1) an identification of the local agency to receive the 
     grant under this chapter;
       (2) a summary of the results of the survey of school 
     facility needs, as described in subsection (c);
       (3) a description of how the local agency will implement 
     its program under this chapter;
       (4) a description of the criteria the local agency has used 
     to determine which construction projects to support with 
     grant funds;
       (5) a description of the construction projects that will be 
     supported with grant funds;
       (6) a description of the mechanisms that will be used to 
     finance construction projects supported by grant funds;
       (7) a requested level of Federal subsidy, with a 
     justification for that level, for each construction project 
     to be supported by the grant, in accordance with section 
     12138(a), including the financial and demographic information 
     the Secretary may require;
       (8) a description of the steps the agency will take to 
     ensure that facilities constructed or improved with funds 
     under this chapter will be adequately maintained;
       (9) an assurance that the agency will use its grant only to 
     supplement the funds that the locality would spend on school 
     construction and renovation in the absence of a grant under 
     this chapter, and not to supplant those funds;
       (10) an assurance that, during the four-year period 
     beginning with the year the local educational agency receives 
     its grant, its expenditures for school construction (which, 
     at that agency's option, may include private contributions) 
     will be at least 125 percent of its expenditures for that 
     purpose for the four preceding years; and
       (11) other information and assurances that the Secretary 
     may require.
       (e) Waiver of Requirement To Increase Expenditures.--The 
     Secretary may waive or modify the requirement of subsection 
     (d)(10) for a local educational agency that demonstrates to 
     the Secretary's satisfaction that that requirement is unduly 
     burdensome because that agency has incurred a particularly 
     high level of school construction expenditures during the 
     previous four years.

     SEC. 12136. FORMULA GRANTS.

       (a) Allocations.--The Secretary shall allocate the funds 
     available under section 12112(b)(2) to the local educational 
     agencies identified under section 12131(a) on the basis of 
     their relative allocations under section 1124 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6333) in the most recent year for which that information is 
     available to the Secretary.
       (b) Reallocations.--If a local educational agency does not 
     apply for its allocation, applies for less than its full 
     allocation, or fails to submit an approvable application, the 
     Secretary may reallocate all or a portion of its allocation, 
     as the case may be, to the remaining local educational 
     agencies in the same proportions as the original allocations 
     were made to those agencies under subsection (a).

     SEC. 12137. COMPETITIVE GRANTS.

       (a) Grants Authorized.--The Secretary shall use funds 
     available under section 12112(b)(3) to make additional 
     grants, on a competitive basis, to recipients of formula 
     grants under section 12136.
       (b) Additional Application Materials.--Any eligible 
     applicant under section 12136 that wishes to receive 
     additional funds under this section shall include in its 
     application under section 12135 the following additional 
     information:
       (1) The amount of funds requested under this section, in 
     accordance with ranges or limits that the Secretary may 
     establish based on factors such as relative size of the 
     eligible applicants.
       (2) A description of the additional construction activities 
     that the applicant would carry out with those funds.
       (3) Information on the current financial effort the 
     applicant is making for elementary and secondary education, 
     including support from private sources, relative to its 
     resources.
       (4) Information on the extent to which the applicant will 
     increase its own (or other public or private) spending for 
     school construction in the year in which it receives a grant 
     under this section, above the average annual amount for 
     construction activity during the preceding four years.
       (5) A description of the energy efficiency and the effect 
     on the environment of the projects that the applicant will 
     undertake, both with its grant under this section and its 
     grant under section 12136, and of the extent to which those 
     projects will use cost-efficient architectural design.
       (6) Other information that the Secretary may require.
       (c) Selection of Grantees.--The Secretary shall select 
     grantees under this section on the basis of criteria, 
     consistent with the purpose of this title, that the Secretary 
     may establish, which shall include--
       (1) the relative need of applicants, as demonstrated by 
     inadequate educational facilities and a low level of 
     resources to meet their school construction needs; and
       (2) the commitment of applicants to meet their school 
     construction needs and the leveraging effect that assistance 
     under this chapter would have, as demonstrated by the 
     additional resources that they will provide, from non-Federal 
     sources, to meet those needs, in accordance with subsection 
     (b)(4).

     SEC. 12138. AMOUNT OF FEDERAL SUBSIDY.

       (a) Amount of Federal Subsidy.--For each construction 
     project assisted under this chapter, the Secretary shall 
     determine the amount of the Federal subsidy in accordance 
     with section 12127(a).
       (b) Non-Federal Share.--A grantee under this chapter may 
     use any non-Federal funds, including State, local, and 
     private-sector funds, for the financing costs that are not 
     covered by the Federal subsidy under subsection (a).

     SEC. 12139. SEPARATE FUNDS OR ACCOUNTS; PRUDENT INVESTMENT.

       (a) Separate Funds or Accounts Required.--Each grantee 
     under this chapter shall deposit the grant proceeds in a 
     separate fund or account, from which it shall make bond 
     repayments and pay other expenses allowable under this 
     chapter.
       (b) Prudent Investment Required.--Each grantee under this 
     chapter shall--
       (1) invest the grant funds in a fiscally prudent manner, in 
     order to generate amounts needed to make repayments on bonds 
     and other forms of indebtedness; and
       (2) notwithstanding section 6503 of title 31, United States 
     Code or any other law, use the proceeds of that investment to 
     carry out this chapter.

     SEC. 12140. LOCAL REPORTS.

       (a) Reports Required.--(1) Each grantee under this chapter 
     shall report to the Secretary on its activities under this 
     chapter, in the form and manner the Secretary may prescribe.
       (2) If the local educational agency is not the grantee 
     under this chapter, the grantee's report shall include the 
     approval of the local educational agency or its comments on 
     the report.
       (b) Contents.--Each report shall--
       (1) describe the grantee's implementation of this chapter, 
     including how it has met the requirements of this chapter;
       (2) identify the specific school facilities constructed, 
     renovated, or modernized with support from the grant, and the 
     mechanisms used to finance those activities; and
       (3) other information the Secretary may require.
       (c) Frequency.--(1) Each grantee shall submit its first 
     report under this section not later than 24 months after it 
     receives its grant under this chapter.
       (2) Each grantee shall submit an annual report for each of 
     the three years after submitting its first report, and 
     subsequently shall

[[Page S6938]]

     submit periodic reports as long as it is using grant funds.
                     Subtitle B--General Provisions

     SEC. 12201. TECHNICAL EMPLOYEES.

       For the purpose of carrying out this title, the Secretary, 
     without regard to the provisions of title 5, United States 
     Code, governing appointments in the competitive service, may 
     appoint not more than 10 technical employees who may be paid 
     without regard to the provisions of chapter 51 and subchapter 
     IV of chapter 53 of that title relating to classification and 
     General Schedule pay rates.

     SEC. 12202. WAGE RATES.

       (a) Prevailing Wage.--The Secretary shall ensure that all 
     laborers and mechanics employed by contractors and 
     subcontractors on any project assisted under this title are 
     paid wages at rates not less than those prevailing as 
     determined by the Secretary of Labor in accordance with the 
     Act of March 3, 1931, as amended (40 U.S.C. 276a et seq.). 
     The Secretary of Labor has, with respect to this section, the 
     authority and functions established in Reorganization Plan 
     Numbered 14 of 1950 (effective May 24, 1950, 64 Stat. 1267) 
     and section 2 of the Act of June 13, 1934 (40 U.S.C. 276c).
       (b) Waiver for Volunteers.--Section 7305 of the Federal 
     Acquisition Streamlining Act of 1994 (40 U.S.C. 276d-3) is 
     amended--
       (1) in paragraph (4), by striking out the ``and'' at the 
     end thereof;
       (2) in paragraph (5), by striking out the period at the end 
     thereof and inserting a semicolon and ``and''; and
       (3) by adding at the end thereof the following new 
     paragraph:
       ``(6) the Partnership to Rebuild America's Schools Act of 
     1997.''.

     SEC. 12203. NO LIABILITY OF FEDERAL GOVERNMENT.

       (a) No Federal Liability.--Any financial instruments, 
     including but not limited to contracts, bonds, bills, notes, 
     certificates of participation, or purchase or lease 
     arrangements, issued by States, localities or 
     instrumentalities thereof in connection with any assistance 
     provided by the Secretary under this title are obligations of 
     such States, localities or instrumentalities and not 
     obligations of the United States and are not guaranteed by 
     the full faith and credit of the United States.
       (b) Notice Requirement.--Documents relating to any 
     financial instruments, including but not limited to 
     contracts, bonds, bills, notes, offering statements, 
     certificates of participation, or purchase or lease 
     arrangements, issued by States, localities or 
     instrumentalities thereof in connection with any assistance 
     provided under this title, shall include a prominent 
     statement providing notice that the financial instruments are 
     not obligations of the United States and are not guaranteed 
     by the full faith and credit of the United States.

     SEC. 12204. CONSULTATION WITH SECRETARY OF THE TREASURY.

       The Secretary of Education shall consult with the Secretary 
     of the Treasury in carrying out this title.
                                                                    ____


                           Amendment No. 668

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

     SEC.  . TRANSFER FOR VETERANS' HEALTH CARE AND OTHER 
                   PURPOSES.

       (a) Transfer Required.--The Secretary of Defense shall 
     transfer to the Secretary of Veterans' Affairs $400,000,000 
     of the funds appropriated for the Department of Defense for 
     fiscal year 1998.
       (b) Use of Transferred Funds.--Funds transferred to the 
     Secretary of Veterans' Affairs shall be for the purposes of 
     providing benefits under the laws administered by the 
     Secretary of Veterans' Affairs, other than compensation and 
     pension benefits provided under Chapters 11 and 13 of title 
     38, United States Code.
                                 ______
                                 

             WELLSTONE (AND ROCKEFELLER) AMENDMENT NO. 669

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

       On page 46, between lines 6 and 7, insert the following:

     SEC. 220. BIOASSAY TESTING OF VETERANS EXPOSED TO IONIZING 
                   RADIATION DURING MILITARY SERVICE.

       (a) Nuclear Test Personnel Program.--Of the amount provided 
     in section 201(4), $500,000 shall be available for testing 
     described in subsection (b) at the Brookhaven National 
     Laboratory in support of the Nuclear Test Personnel Program 
     conducted by the Defense Special Weapons Agency.
       (b) Covered Testing.--Subsection (a) applies to the third 
     phase of bioassay testing of individuals who are radiation-
     exposed veterans (as defined in section 1112(c)(3) of title 
     38, United States Code) who participated in radiation-risk 
     activities (as defined in such paragraph).
                                 ______
                                 

                      WELLSTONE AMENDMENT NO. 670

  (Ordered to lie on the table.)
  Mr. WELLSTONE submitted an amendment intended to be proposed by him 
to the bill, S. 936, supra; as follows:

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

     SEC. ____. TRANSFER FOR OUTREACH AND STARTUP FOR THE SCHOOL 
                   BREAKFAST PROGRAM.

       (a) Transfer Required.--In each of fiscal years 1998, 1999, 
     2000, 2001, and 2002, the Secretary of Defense shall transfer 
     to the Secretary of Agriculture--
       (1) $5,000,000 of the funds appropriated for the Department 
     of Defense for that fiscal year; and
       (2) any additional amount that the Secretary of Agriculture 
     determines necessary to pay any increase in the cost of the 
     meals provided to children under the school breakfast program 
     as a result of the amendment made by subsection (b).
       (b) Use of Transferred Funds.--Section 4 of the Child 
     Nutrition Act of 1966 (42 U.S.C. 1773) is amended by adding 
     at the end the following:
       ``(f) Startup and Expansion Costs.--
       ``(1) Definitions.--In this subsection:
       ``(A) Eligible school.--The term `eligible school' means a 
     school--
       ``(i) attended by children, a significant percentage of 
     whom are members of low-income families;
       ``(ii)(I) as used with respect to a school breakfast 
     program, that agrees to operate the school breakfast program 
     established or expanded with the assistance provided under 
     this subsection for a period of not less than 3 years; and
       ``(II) as used with respect to a summer food service 
     program for children, that agrees to operate the summer food 
     service program for children established or expanded with the 
     assistance provided under this subsection for a period of not 
     less than 3 years.
       ``(B) Service institution.--The term `service institution' 
     means an institution or organization described in paragraph 
     (1)(B) or (7) of section 13(a) of the National School Lunch 
     Act (42 U.S.C. 1761(a)).
       ``(C) Summer food service program for children.--The term 
     `summer food service program for children' means a program 
     authorized by section 13 of the National School Lunch Act (42 
     U.S.C. 1761).
       ``(2) Use of funds.--Out of any amounts made available 
     under section ____(a)(1) of the National Defense 
     Authorization Act for Fiscal Year 1998, the Secretary of 
     Agriculture shall make payments on a competitive basis and in 
     the following order of priority (subject to the other 
     provisions of this subsection), to--
       ``(A) State educational agencies in a substantial number of 
     States for distribution to eligible schools to assist the 
     schools with nonrecurring expenses incurred in--
       ``(i) initiating a school breakfast program under this 
     section; or
       ``(ii) expanding a school breakfast program; and
       ``(B) a substantial number of States for distribution to 
     service institutions to assist the institutions with 
     nonrecurring expenses incurred in--
       ``(i) initiating a summer food service program for 
     children; or
       ``(ii) expanding a summer food service program for 
     children.
       ``(3) Payments additional.--Payments received under this 
     subsection shall be in addition to payments to which State 
     agencies are entitled under subsection (b) of this section 
     and section 13 of the National School Lunch Act (42 U.S.C. 
     1761).
       ``(4) State plan.--To be eligible to receive a payment 
     under this subsection, a State educational agency shall 
     submit to the Secretary of Agriculture a plan to initiate or 
     expand school breakfast programs conducted in the State, 
     including a description of the manner in which the agency 
     will provide technical assistance and funding to schools in 
     the State to initiate or expand the programs.
       ``(5) School breakfast program preferences.--In making 
     payments under this subsection for any fiscal year to 
     initiate or expand school breakfast programs, the Secretary 
     shall provide a preference to State educational agencies 
     that--
       ``(A) have in effect a State law that requires the 
     expansion of the programs during the year;
       ``(B) have significant public or private resources that 
     have been assembled to carry out the expansion of the 
     programs during the year;
       ``(C) do not have a school breakfast program available to a 
     large number of low-income children in the State; or
       ``(D) serve an unmet need among low-income children, as 
     determined by the Secretary.
       ``(6) Summer food service program preferences.--In making 
     payments under this subsection for any fiscal year to 
     initiate or expand summer food service programs for children, 
     the Secretary shall provide a preference to States--
       ``(A)(i) in which the numbers of children participating in 
     the summer food service program for children represent the 
     lowest percentages of the number of children receiving free 
     or reduced price meals under the school lunch program 
     established under the National School Lunch Act (42 U.S.C. 
     1751 et seq.); or
       ``(ii) that do not have a summer food service program for 
     children available to a large number of low-income children 
     in the State; and
       ``(B) that submit to the Secretary a plan to expand the 
     summer food service programs for children conducted in the 
     State, including a description of--

[[Page S6939]]

       ``(i) the manner in which the State will provide technical 
     assistance and funding to service institutions in the State 
     to expand the programs; and
       ``(ii) significant public or private resources that have 
     been assembled to carry out the expansion of the programs 
     during the year.
       ``(7) Recovery and reallocation.--The Secretary shall act 
     in a timely manner to recover and reallocate to other States 
     any amounts provided to a State educational agency or State 
     under this subsection that are not used by the agency or 
     State within a reasonable period (as determined by the 
     Secretary).
       ``(8) Annual application.--The Secretary shall allow States 
     to apply on an annual basis for assistance under this 
     subsection.
       ``(9) Greatest need.--Each State agency and State, in 
     allocating funds within the State, shall give preference for 
     assistance under this subsection to eligible schools and 
     service institutions that demonstrate the greatest need for a 
     school breakfast program or a summer food service program for 
     children, respectively.
       ``(10) Maintenance of effort.--Expenditures of funds from 
     State and local sources for the maintenance of the school 
     breakfast program and the summer food service program for 
     children shall not be diminished as a result of payments 
     received under this subsection.''.
                                 ______
                                 

                      LIEBERMAN AMENDMENT NO. 671

  (Ordered to lie on the table.)
  Mr. LIEBERMAN submitted an amendment intended to be proposed by him 
to the bill, S. 936, supra; as follows:

       At the appropriate place, insert the following:

     SEC.  . STUDY CONCERNING THE PROVISION OF COMPARATIVE 
                   INFORMATION.

       (a) Study.--The Secretary of Defense shall conduct a study 
     concerning the provision of the information described in 
     subsection (b) to beneficiaries under the TRICARE program 
     established under the authority of chapter 55 of title 10, 
     United States Code, and prepare and submit to the appropriate 
     committees of Congress a report concerning such study.
       (b) Provision of Comparative Information.--Information 
     described in this subsection, with respect to a managed care 
     entity that contracts with the Secretary of Defense to 
     provide medical assistance under the program described in 
     subsection (a), shall include the following:
       (1) Benefits.--The benefits covered by the entity involved, 
     including--
       (A) covered items and services beyond those provided under 
     a traditional free-for-service program;
       (B) any beneficiary cost sharing; and
       (C) any maximum limitations on out-of-pocket expenses.
       (2) Premiums.--The net monthly premium, if any, under the 
     entity.
       (3) Service area.--The service area of the entity.
       (4) Quality and performance.--To the extent available, 
     quality and performance indicators for the benefits under the 
     entity (and how they compare to such indicators under the 
     traditional fee-for-service programs in the area involved), 
     including--
       (A) disenrollment rates for enrollees electing to receive 
     benefits through the entity for the previous 2 years 
     (excluding disenrollment due to death or moving outside the 
     service area of the entity);
       (B) information on enrollee satisfaction;
       (C) information on health process and outcomes;
       (D) grievance procedures;
       (E) the extent to which an enrollee may select the health 
     care provider of their choice, including health care 
     providers within the network of the entity and out-of-network 
     health care providers (if the entity covers out-of-network 
     items and services); and
       (F) an indication of enrollee exposure to balance billing 
     and the restrictions on coverage of items and services 
     provided to such enrollee by out-of-network health care 
     provider.
       (5) Supplemental benefits options.--Whether the entity 
     offers optional supplemental benefits and the terms and 
     conditions (including premiums) for such coverage.
       (6) Physician compensation.--An overall summary description 
     as to the method of compensation of participating physicians.
                                 ______
                                 

                       BUMPERS AMENDMENT NO. 672

  (Ordered to lie on the table.)
  Mr. BUMPERS submitted an amendment intended to be proposed by him to 
the bill, S. 936, supra; as follows:

       Strike line 10 on page 310 through line 10 on page 315.
                                 ______
                                 

                       GRASSLEY AMENDMENT NO. 673

  (Ordered to lie on the table.)
  Mr. GRASSLEY submitted an amendment intended to be proposed by him to 
the bill, S. 936, supra; as follows:

       At the appropriate place insert:
       Chapter 27 of title 18, United States Code, is amended by 
     inserting the following new section:
       ``Whoever fraudulently or knowlingly exports or sends from 
     the United States, or attempts to export or send from the 
     United States, any merchandise, article or object contrary to 
     any law or regulation of the United States, or receives, 
     conceals, buys sells, or in any manner facilitates the 
     transportation, concealment, or sale of such merchandise, 
     article or object, prior to exportation, knowing the same to 
     be intended for exportation contrary to any law or regulation 
     of the United States, shall be fined under this title or 
     imprisoned not more than five years, or both. Proof of 
     defendant's possession of such goods, unless explained to the 
     satisfaction of the jury, may be deemed evidence sufficient 
     to authorize conviction for violation of this section. The 
     term `United States' as used in this section shall have the 
     same meaning as that provided in section 545 of this title.''
                                 ______
                                 

                    FEINGOLD AMENDMENTS NOS. 674-677

  (Ordered to lie on the table.)
  Mr. FEINGOLD submitted four amendments intended to be proposed by him 
to the bill, S. 936, supra; as follows:

                           Amendment No. 674

       On page 53, line 14, after ``follows'', add the following: 
     ``: Provided, That none of the funds authorized pursuant to 
     this section may be obligated for the deployment of any 
     ground elements of the United States Armed Forces in the 
     Republic of Bosnia and Herzegovina after June 30, 1998, 
     except that the limitation in this clause shall not apply to 
     the extent necessary to support a limited number of United 
     States military personnel sufficient only to protect United 
     States diplomatic facilities in existence on the date of the 
     enactment of this Act, and noncombat military personnel 
     sufficient only to advise the commanders North Atlantic 
     Treaty Organization peacekeeping operations in the Republic 
     of Bosnia and Herzegovina, or actions taken by the President 
     in order to protect the lives of United States citizens''.
                                                                    ____


                           Amendment No. 675

       At the end of subtitle C of title I, add the following:

     SEC. 125. F/A-18 E/F TACTICAL FIGHTER AIRCRAFT PROGRAM.

       Amounts authorized to be appropriated by this Act may not 
     be used to provide for the procurement of more than 12 F/A-18 
     E/F tactical fighter aircraft.
                                                                    ____


                           Amendment No. 676

       On page 16, on line 1, insert before the period the 
     following: ``, of which funds may not be obligated for the 
     procurement of more than 12 F/A-18 E/F tactical fighter 
     aircraft''
                                                                    ____


                           Amendment No. 677

       At the end of subtitle E of title, I, add the following:

     SEC. 144. NEW TACTICAL FIGHTER AIRCRAFT PROGRAMS.

       (a) Report.--Not later than 60 days after the date of the 
     enactment of this Act. The Secretary of Defense shall submit 
     to Congress a report containing the Secretary's 
     recommendation on which one of the three new tactical fighter 
     aircraft programs should be terminated if only two of such 
     programs were to be funded. The report shall also contain an 
     analysis of how the two remaining new tactical fighter 
     aircraft programs (not including the tactical fighter 
     aircraft program recommended for termination), together with 
     the current tactical aircraft assets of the Armed Forces, 
     will provide the Armed Forces with an effective, affordable 
     tactical fighter force structure that is capable of meeting 
     projected threats well into the twenty-first century.
       (b) Covered Aircraft Programs.--The three new tactical 
     fighter aircraft programs referred to in subsection (a) are 
     as follows:
       (1) The F/A-18 E/F aircraft program.
       (2) The F-22 aircraft program.
       (3) The Joint Strike Fighter aircraft program.
                                 ______
                                 

                FEINSTEIN (AND BOXER) AMENDMENT NO. 678

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

       On page 347, between lines 15 and 16, insert the following:

     SEC. 1075. AUTHORITY TO TRANSFER SURPLUS PROPERTY FOR USE FOR 
                   LAW ENFORCEMENT OR FIRE AND RESCUE PURPOSES.

       Section 203(p)(1) of the Federal Property and 
     Administrative Services Act of 1949 (40 U.S.C. 484(p)(1)) is 
     amended in the first sentence by striking out ``required'' 
     and all that follows through ``as approved by the Attorney 
     General'' and inserting in lieu thereof ``needed for use by 
     the transferee or grantee for a law enforcement or fire and 
     rescue purpose''.
                                 ______
                                 

                      FEINSTEIN AMENDMENT NO. 679

  (Ordered to lie on the table.)
  Mrs. FEINSTEIN submitted an amendment intended to be proposed by her 
to the bill, S. 936, supra; as follows:

       At the end of Subtitle B of Title XXVIII, add the 
     following,

[[Page S6940]]

     SEC.  . LAND CONVEYANCE, HAMILTON FIELD, NOVATO, CALIFORNIA.

       (a) Conveyance Required.--The Secretary of the Navy shall 
     convey to the City of Novato, California (in this section 
     referred to as the ``City''), or a department or agency of 
     the City, all right, title, and interest of the United States 
     in and to the surplus Department of Defense housing 
     facilities at former Hamilton Field in the City of Novato.
       (b) Consideration.--(1) As consideration for the conveyance 
     under subsection (a), the City shall pay to the United States 
     an amount equal to the fair market value of the real 
     property, as determined in accordance with this subsection. 
     The fair market value shall be determined on the basis of the 
     assumption that the property will be developed in accordance 
     with the approved redevelopment plan prepared by the local 
     redevelopment authority for the property.
       (c) Time for Conveyance.--The Secretary shall endeavor to 
     complete the conveyance under subsection (a) on or before 
     November 15, 1997.
       (d) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary. The cost of the survey shall be borne by 
     the City.
       (e) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                 ______
                                 

                     KERRY AMENDMENTS NOS. 680-681

  (Ordered to lie on the table.)
  Mr. KERRY submitted two amendments intended to be proposed by him to 
the bill, S. 936, supra; as follows:

                           Amendment No. 680

       Beginning on page 336, line 20, strike all beginning ``SEC. 
     1067. POW/MIA'' through ``(50 U.S.C. 401a).'' on line 3 of 
     page 338.
                                                                    ____


                           Amendment No. 681

       Add at the appropriate point in the bill the following

     SEC.   . AUTHORITY OF THE SECRETARY OF DEFENSE CONCERNING 
                   DISPOSAL OF ASSETS UNDER COOPERATIVE AGREEMENTS 
                   ON AIR DEFENSE IN CENTRAL EUROPE.

       (a) General Authorities.--The Secretary of Defense, 
     pursuant to an amendment or amendments to the European air 
     defense agreements, may dispose of any defense articles owned 
     by the United States and acquired to carry out such 
     agreements by providing such articles to the Federal Republic 
     of Germany. In carrying out such disposal, the Secretary--
       (1) may provide without monetary charge to the Federal 
     Republic of Germany articles specified in the agreements; and
       (2) may accept from the Federal Republic of Germany (in 
     exchange for the articles provided under paragraph (1)) 
     articles, services, or any other consideration, as determined 
     appropriate by the Secretary.
       (b) Definition of European Air Defense Agreements.--For the 
     purposes of this section the term ``European air defense 
     agreements'' means
       (1) the agreement entitled ``Agreement between the 
     Secretary of Defense of the United States of America and the 
     Minister of Defense of the Federal Republic of Germany on 
     Cooperative Measures for Enhancing Air Defense for Central 
     Europe'', signed on December 6, 1983; and
       (2) the agreement entitled ``Agreement between the 
     Secretary of Defense of the United States of America and the 
     Minister of Defense of the Federal Republic of Germany in 
     implementation of the 6 December 1983 Agreement on 
     Cooperative Measures for Enhancing Air Defense for Central 
     Europe'', signed on July 12, 1984.
                                 ______
                                 

                       D'AMATO AMENDMENT NO. 682

  (Ordered to lie on the table.)
  Mr. D'AMATO submitted an amendment intended to be proposed by him to 
the bill, S. 936, supra; as follows:

       At the appropriate place in the bill, insert the following:
       None of the funds authorized for development of the ALR-69 
     radar warning receiver may be obligated or expended until the 
     active Air Force, the Air National Guard and the Air Force 
     Reserve conduct a Cost and Operation Effectiveness Analysis 
     (COEA) to determine the best path to follow in making this 
     upgrade and report their findings to the Congressional 
     Defense Committees.
                                 ______
                                 

                    DOMENICI AMENDMENTS NOS. 683-684

  (Ordered to lie on the table.)
  Mr. DOMENICI submitted two amendments intended to be proposed by him 
to the bill, S. 936, supra; as follows:

                           Amendment No. 683

       At the appropriate place in the bill, insert the following:
       In addition to the amount authorized to be appropriated for 
     the Department of Defense health care program, add $7 million 
     for the Gerald Champion Memorial Hospital/Holloman Air Force 
     Base shared hospital facility.
                                                                    ____


                           Amendment No. 684

       At the appropriate place in the bill, insert the following:
       On page 53, title III, Operations and Maintenance, line 18, 
     Air Force Operations and Maintenance, strike 
     ``$18,861,685,000'' and insert ``$18,871,685,000''.
                                 ______
                                 

                  COATS (AND OTHERS) AMENDMENT NO. 685

  (Ordered to lie on the table.)
  Mr. COATS (for himself, Mr. Breaux, Mr. Smith of Oregon, and Mr. 
Brownback) submitted an amendment intended to be proposed by them to 
the bill, S. 936, supra; as follows:

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

     SEC. 1075. SENSE OF THE SENATE REGARDING EXPANSION OF THE 
                   NORTH ATLANTIC TREATY ORGANIZATION.

       (a) Findings.--The Senate makes the following findings:
       (1) The North Atlantic Treaty Organization (NATO) will meet 
     July 8 and 9, 1997, in Madrid, Spain, to issue invitations to 
     several countries in Central Europe and Eastern Europe to 
     begin accession talks to join NATO.
       (2) Congress has expressed its support for the process of 
     NATO enlargement by approving the NATO Enlargement 
     Facilitation Act of 1996 (Public Law 104-208; 22 U.S.C. 1928 
     note) by a vote of 81-16 in the Senate, and 353-65 in the 
     House of Representatives.
       (3) The Clinton Administration has determined that the 
     United States Government will support inviting three 
     countries--Poland, Hungary, and the Czech Republic--to join 
     NATO at the Madrid summit.
       (4) The United States should ensure that the process of 
     enlarging NATO continues after the first round of invitations 
     are issued this July.
       (5) Romania and Slovenia are to be commended for their 
     progress toward political and economic reform and their 
     meeting the guidelines for prospective NATO membership.
       (6) In furthering NATO's purpose and objective of promoting 
     stability and well-being in the North Atlantic area, Romania, 
     Slovenia, and any other democratic states of Central and 
     Eastern Europe should be invited to become NATO members as 
     expeditiously as possible upon satisfaction of all relevant 
     criteria.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that NATO should set a date certain by which the heads of 
     state of NATO members will meet to issue a second round of 
     invitations to Central and Eastern European states that have 
     met the criteria for NATO membership.
                                 ______
                                 

                        SNOWE AMENDMENT NO. 686

  (Ordered to lie on the table.)
  Ms. SNOWE submitted an amendment intended to be proposed by her to 
the bill, S. 936, supra; as follows:

       On page 410, between lines 2 and 3, insert the following:

     SEC. 2832. UTILIZATION OF SAVINGS DERIVED FROM BASE CLOSURE 
                   PROCESS.

       (a) Findings.--Congress makes the following findings:
       (1) Since 1988, the Department of Defense has conducted 4 
     rounds of closures and realignments of military installations 
     in the United States, resulting in the closure of 97 
     installations.
       (2) The cost of carrying out the closure or realignment of 
     installations covered by such rounds is estimated by the 
     Secretary of Defense to be $23,000,000,000.
       (3) The savings expected as a result of the closure or 
     realignment of such installations are estimated by the 
     Secretary to be $10,300,000,000 through fiscal year 1996 and 
     $36,600,000,000 through 2001.
       (4) In addition to such savings, the Secretary has 
     estimated recurring savings as a result of the closure or 
     realignment of such installations of approximately 
     $5,600,000,000 annually.
       (5) The fiscal year 1997 budget request for the Department 
     assumes a savings of between $2,000,000,000 and 
     $3,000,000,000 as a result of the closure or realignment of 
     such installations, which savings were to be dedicated to 
     modernization of the Armed Forces. The savings assumed in the 
     budget request were not realized.
       (6) The fiscal year 1998 budget request for the Department 
     assumes a savings of $5,000,000,000 as a result of the 
     closure or realignment of such installations, which savings 
     are to be dedicated to modernization of the Armed Forces.
       (b) Report on Prior Costs and Savings.--The Secretary of 
     Defense shall submit to Congress in 1998, together with the 
     President's budget for fiscal year 1999 under section 1105(a) 
     of title 31, United States Code, a report containing a 
     complete accounting of the costs attributable to and the 
     savings realized as a result of the closure and realignment 
     of military installations under the base closure laws through 
     fiscal year 1997.
       (c) Reports on Future Costs and Savings.--The Secretary 
     shall submit to Congress in 1999 and each year thereafter, 
     together with the President's budget for the succeeding 
     fiscal year under that section, a report containing a 
     complete accounting of the costs attributable to and the 
     savings realized as a result of the closure and realignment 
     of installations under the base closure laws during the 
     preceding fiscal year.

[[Page S6941]]

       (d) Additional Report Requirements.--(1) Each report under 
     subsections (b) and (c) shall contain, in addition to the 
     matters required under such subsections, a statement of the 
     estimated costs to be attributed to and savings to be 
     realized as a result of the closure and realignment of 
     installations under the base closure laws during the six-year 
     period beginning on the date of the report.
       (2) Each report shall set forth costs and savings, using 
     data consistent with budget data, by Armed Force, type of 
     installation, and fiscal year.
       (3) The Secretary shall, to the maximum extent practicable, 
     ensure that the military departments utilize a common 
     methodology in determining costs attributable to and savings 
     realized as a result of the closure and realignment of 
     installations under the base closure laws.
       (e) Purpose of Reports.--The purpose of the reports under 
     this section is to provide Congress with an full and accurate 
     accounting of the costs attributable to and the savings 
     realized as a result of the base closure process.
       (f) Sense of Senate on Use of Savings.--It is the sense of 
     the Senate that the savings reported under this section be 
     made available to the Department solely for purposes of 
     modernization of new weapon systems (including research, 
     development, test, and evaluation relating to such 
     modernization) and be used by the Department solely for such 
     purposes.
       (g) Definitions.--In this section:
       (1) Base closure laws.--The term ``base closure laws'' 
     means the following:
       (A) Title II of the Defense Authorization Amendments and 
     Base Closure and Realignment Act (Public Law 100-526; 10 
     U.S.C. 2687 note).
       (B) 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).
       (C) Any Act enacted after the date of enactment of this Act 
     the provisions of which authorize or require the closure or 
     realignment of a military installation.
       (2) Savings realized.--The term ``savings realized'', with 
     respect to military installations closed or realigned under 
     the base closure laws, means the costs the Department would 
     otherwise have incurred with respect to such installations if 
     not for the closure or realignment of such installations 
     under such laws.
                                 ______
                                 

                       JEFFORDS AMENDMENT NO. 687

  (Ordered to lie on the table.)
  Mr. JEFFORDS submitted an amendment intended to be proposed by him to 
the bill, S. 936, supra: as follows:

       On page 84, after line 23, add the following:

     SEC. 340. PROCUREMENT OF RECYCLED COPIER PAPER.

       (a) Requirement.--(1) Except as provided in subsection (b), 
     a department or agency of the Department of Defense may not 
     procure copying machine paper after a date set forth in 
     paragraph (2) unless the percentage of post-consumer recycled 
     content of the paper meets the percentage set forth with 
     respect to such date in that paragraph.
       (2) The percentage of post-consumer recycled content of 
     paper required under paragraph (1) is as follows:
       (A) 20 percent as of January 1, 1998.
       (B) 30 percent as of January 1, 1999.
       (C) 50 percent as of January 1, 2004.
       (b) Exceptions.--A department or agency may procure copying 
     machine paper having a percentage of post-consumer recycled 
     content that does not meet the applicable requirement in 
     subsection (a) if--
       (1) the cost of procuring copying machine paper under such 
     requirement would exceed by more than 7 percent the cost of 
     procuring copying machine paper having a percentage of post-
     consumer recycled content that does not meet such 
     requirement;
       (2) copying machine paper having a percentage of post-
     consumer recycled content meeting such requirement is not 
     reasonably available within a reasonable period of time;
       (3) copying machine paper having a percentage of post-
     consumer recycled content meeting such requirement does not 
     meet performance standards of the department or agency for 
     copying machine paper; or
       (4) in the case of the requirement in paragraph (2)(C) of 
     that subsection, the Secretary of Defense makes the 
     certification described in subsection (c).
       (c) Certification of Inability to Meet Goal in 2004.--If 
     the Secretary determines that any department or agency of the 
     Department will be unable to meet the goal specified in 
     subsection (a)(2)(C) by the date specified in that 
     subsection, the Secretary shall certify that determination to 
     the Committee on Armed Services of the Senate and the 
     Committee on National Security of the House of 
     Representatives. The Secretary shall submit such 
     certification, if at all, not later than January 1, 2003.
                                 ______
                                 

                   HUTCHISON AMENDMENTS NOS. 688-696

  (Ordered to lie on the table.)
  Mrs. HUTCHISON submitted nine amendments intended to be proposed by 
her to the bill, S. 936, supra; as follows:

                           Amendment No. 688

       At the end of title XXV, add the following (and conform the 
     table of contents accordingly:)

     SEC.   . SENSE OF CONGRESS REGARDING THE NORTH ATLANTIC 
                   TREATY.

       (a) Findings.--Congress finds the following:
       (1) The NATO alliance is expected to expand its membership;
       (2) The unity, resolve, and strength of the North Atlantic 
     Treaty Organization was the principle factor behind that 
     victory;
       (3) The North Atlantic Treaty was signed in April 1949 and 
     remains substantively unchanged for nearly a half-century, 
     despite the dramatic changes it has wrought;
       (4) The President of the United States and leaders of other 
     NATO countries have indicated their intention to expand 
     alliance membership to include at least three new countries;
       (5) The period since the end of the Cold War has been 
     marked by tragic and violent border, ethnic, religious, and 
     nationalist disputes in Europe;
       (6) Current and prospective NATO members are not immune to 
     such disputes, and share borders with countries directly 
     involved in the ongoing military standoff in the former 
     Yugoslavia;
       (7) The United States has spent more than $6 billion for 
     its share of the peacekeeping responsibilities in the former 
     Yugoslavia;
       (8) The United States is bound by Article Five of the North 
     Atlantic Treaty to respond to an attack on any NATO member as 
     it would to an attack on the United States itself;
       (9) The North Atlantic Treaty does not provide for dispute 
     resolution process by which members can resolve differences 
     among themselves without undermining Article Five 
     obligations;
       (b) Sense of Congress.--It is the sense of Congress that 
     the North Atlantic Treaty Organization should undertake to 
     renegotiate the underlying treaty to provide for a process of 
     internal dispute resolution as a pre-condition for the final 
     entry of any additional members into the alliance.
                                                                    ____


                           Amendment No. 689

       At the end of title XXV, add the following (and conform the 
     table of contents accordingly:)

     SEC.   . SENSE OF CONGRESS REGARDING THE NORTH ATLANTIC 
                   TREATY.

       (a) Findings.--Congress finds the following:
       (1) The NATO alliance is expected to expand its membership 
     by an as yet undetermined number of nations over the next 
     several years;
       (2) The nations seeking entry into the Atlantic alliance 
     deploy militaries that are badly in need of modernization;
       (3) Seamless command and control abilities are needed if 
     the militaries of NATO's member nations are to be inter-
     operable;
       (4) Candidates for NATO membership are expecting U.S. 
     foreign assistance in order to upgrade their command and 
     control capabilities;
       (5) Estimates of annual costs to the U.S. for NATO 
     expansion have varied from $150 million to over $5 billion 
     dollars;
       (6) The present Administration has consistently failed to 
     provide modernization funds of anywhere near the $60 billion 
     annual expenditure that is widely considered to be the 
     baseline figure needed to modernize America's military;
       (b) Sense of Congress.--It is the sense of Congress that 
     the Department of Defense related expenditures for the 
     purpose of facilitating the expansion of NATO shall not 
     exceed $150 million a year between Fiscal Years 1998 and 
     2005.
                                                                    ____


                           Amendment No. 690

       Beginning on page 32, line 16, strike all starting with 
     ``Section 212'' through page 34, end of line 24.
                                                                    ____


                           Amendment No. 691

       At the appropriate place, insert:

     SEC. 544. LEGAL SERVICES CORPORATION.

       Public Disclosure.--(1) Not later than January 1, 1998, the 
     Legal Services Corporation shall implement a system of case 
     information disclosure which shall apply to all basic field 
     programs which receive funds from the Legal Services 
     Corporation from funds appropriated by the Congress.
       (2) Any basic field program which receives federal funds 
     from the Legal Services Corporation from the funds 
     appropriated in this Act must disclose to the public in 
     written form, upon request, and to the Legal Services 
     Corporation in quarterly reports, the following information 
     about each case by its attorneys in any court--
       (A) the name and full address of each party to the legal 
     action;
       (B) the cause(s) of action in the case;
       (C) the name and address of the court in which the case was 
     filed and the case number assigned to the legal action.
       (3) The case information disclosed in quarterly reports to 
     the Legal Services Corporation shall be subject to disclosure 
     under the Freedom of Information Act (5 U.S.C. Sec. 552).
                                                                    ____


                           Amendment No. 692

       On page 68, between lines 17 and 18, insert the following:

     SEC. 319. LIMITATION ON USE OF FUNDS FOR CONSTRUCTION OF 
                   INDUSTRIAL FACILITIES AT MILITARY DEPOTS.

       Notwithstanding any other provision of law, no funds 
     authorized to be appropriated

[[Page S6942]]

     or otherwise made available to the Department of Defense may 
     be obligated or expended for the construction of industrial 
     facilities at a military depot in order to provide for the 
     transfer of additional workload to the depot until the 
     Secretary of the military department concerned certifies 
     that--
       (1) there is not available in the private sector sufficient 
     industrial capacity to perform the additional workload;
       (2) the private sector cannot perform the additional 
     workload in a satisfactory manner for less cost;
       (3) the additional workload cannot be performed in an 
     existing military depot or military facility without 
     construction of the facilities concerned;
       (4) the additional workload is inherently public in nature; 
     and
       (5) the military readiness of the military department 
     concerned will be adversely affected if the facilities are 
     not constructed.
                                                                    ____


                           Amendment No. 693

       On page 308, between lines 20 and 21, insert the following:
       (d) Treatment of Seaborne Conservation Corps as Civilian 
     Youth Opportunities Program.--The Secretary of Defense shall 
     treat the Seaborne Conservation Corps, a youth opportunities 
     program sponsored by the Department of Defense, the 
     Department of the Navy, and the Texas National Guard, as a 
     program carried out under subsection (d) of section 1091 of 
     the National Defense Authorization Act for Fiscal Year 1993 
     for purposes of the pilot program under that section.
                                                                    ____


                           Amendment No. 694

       At the end of the subtitle of title III relating to depot-
     level activities, add the following:

     SEC. ____. REQUIREMENT FOR COMPETITION IN SECURING 
                   PERFORMANCE OF CERTAIN DEPOT-LEVEL MAINTENANCE 
                   AND REPAIR.

       Notwithstanding any other provision of law, in any case in 
     which the Secretary of the military department concerned, or 
     the Secretary of Defense in the case of a Defense Agency, 
     proposes to enter into a contract for the performance of 
     depot-level maintenance and repair in excess of $3,000,000, 
     or provide for the transfer of the performance of such 
     maintenance and repair in excess of that amount, such 
     Secretary shall--
       (1) provide for full and open competition between any 
     appropriate depot of the Department of Defense and the 
     private sector with respect to the performance of such 
     maintenance and repair; and
       (2) provide for the performance of such maintenance and 
     repair by the depot or private contractor submitting the 
     lowest-cost bid for such performance.
                                                                    ____


                           Amendment No. 695

       At the end of the subtitle in title III relating to depot-
     level activities, add the following:

     SEC. ____. LIMITATION ON TRANSFER OF WORKLOADS TO FACILITIES 
                   ON THE NATIONAL PRIORITIES LIST.

       Notwithstanding any other provision of law, the Secretary 
     of the military department concerned, or the Secretary of 
     Defense in the case of a Defense Agency, may not transfer any 
     depot-level maintenance and repair workload to a facility 
     listed on the National Priorities List until a plan has been 
     developed for remedial action with respect to the facility.
                                                                    ____


                           Amendment No. 696

       In title II, beginning with the heading of section 221, 
     strike out all through the heading of section 222, and insert 
     in lieu thereof the following:

     SEC. 221. SHORT TITLE.

       This subtitle may be cited as the ``Defend America Act of 
     1997''.

     SEC. 222. FINDINGS.

       Congress makes the following findings:
       (1) Although the United States possesses the technological 
     means to develop and deploy defensive systems that would be 
     highly effective in countering limited ballistic missile 
     threats to its territory, the United States has not deployed 
     such systems and currently has no policy to do so.
       (2) The threat that is posed to the national security of 
     the United States by the proliferation of ballistic missiles 
     is significant and growing, both quantitatively and 
     qualitatively.
       (3) The trend in ballistic missile proliferation is toward 
     longer range and increasingly sophisticated missiles.
       (4) Several countries that are hostile to the United States 
     (including North Korea, Iran, Libya, and Iraq) have 
     demonstrated an interest in acquiring ballistic missiles 
     capable of reaching the United States.
       (5) The Intelligence Community of the United States has 
     confirmed that North Korea is developing an intercontinental 
     ballistic missile that will be capable of reaching Alaska or 
     beyond once deployed.
       (6) There are ways for determined countries to acquire 
     missiles capable of threatening the United States with little 
     warning by means other than indigenous development.
       (7) Because of the dire consequences to the United States 
     of not being prepared to defend itself against a rogue 
     missile attack and the long-lead time associated with 
     preparing an effective defense, it is prudent to commence a 
     national missile defense deployment effort before new 
     ballistic missile threats to the United States are 
     unambiguously confirmed.
       (8) The timely deployment by the United States of an 
     effective national missile defense system will reduce the 
     incentives for countries to develop or otherwise acquire 
     intercontinental ballistic missiles, thereby inhibiting as 
     well as countering the proliferation of missiles and weapons 
     of mass destruction.
       (9) Deployment by the United States of a national missile 
     defense system will reduce concerns about the threat of an 
     accidental or unauthorized ballistic missile attack on the 
     United States.
       (10) The offense-only approach to strategic deterrence 
     presently followed by the United States and Russia is 
     fundamentally adversarial and is not a suitable basis for 
     stability in a world in which the United States and the 
     states of the former Soviet Union are seeking to normalize 
     relations and eliminate Cold War attitudes and arrangements.
       (11) Pursuing a transition to a form of strategic 
     deterrence based increasingly on defensive capabilities and 
     strategies is in the interest of all countries seeking to 
     preserve and enhance strategic stability.
       (12) The deployment of a national missile defense system 
     capable of defending the United States against limited 
     ballistic missile attacks would (A) strengthen deterrence at 
     the levels of forces agreed to by the United States and 
     Russia under the START I Treaty, and (B) further strengthen 
     deterrence if reductions below START I levels are implemented 
     in the future.
       (13) Article XIII of the ABM Treaty envisions ``possible 
     changes in the strategic situation which have a bearing on 
     the provisions of this treaty''.
       (14) Articles XIII and XIV of the treaty establish means 
     for the parties to amend the treaty, and the parties have in 
     the past used those means to amend the treaty.
       (15) Article XV of the treaty establishes the means for a 
     party to withdraw from the treaty, upon six months notice 
     ``if it decides that extraordinary events related to the 
     subject matter of this treaty have jeopardized its supreme 
     interests''.
       (16) Previous discussions between the United States and 
     Russia, based on Russian President Yeltsin's proposal for a 
     Global Protection System, envisioned an agreement to amend 
     the ABM Treaty to allow (among other measures) deployment of 
     as many as four ground-based interceptor sites in addition to 
     the one site permitted under the ABM Treaty and unrestricted 
     exploitation of sensors based within the atmosphere and in 
     space.

     SEC. 223. NATIONAL MISSILE DEFENSE POLICY.

       (a) It is the policy of the United States to deploy by the 
     end of 2003 a National Missile Defense system that--
       (1) is capable of providing a highly-effective defense of 
     the territory of the United States against limited, 
     unauthorized, or accidental ballistic missile attacks; and
       (2) will be augmented over time to provide a layered 
     defense against larger and more sophisticated ballistic 
     missile threats as they emerge.
       (b) It is the policy of the United States to seek a 
     cooperative transition to a regime that does not feature an 
     offense-only form of deterrence as the basis for strategic 
     stability.

     SEC. 224. NATIONAL MISSILE DEFENSE SYSTEM ARCHITECTURE.

       (a) Requirement for Development of System.--To implement 
     the policy established in section 223(a), the Secretary of 
     Defense shall develop for deployment an affordable and 
     operationally effective National Missile Defense (NMD) system 
     which shall achieve an initial operational capability (IOC) 
     by the end of 2003.
       (b) Elements of the NMD System.--The system to be developed 
     for deployment shall include the following elements:
       (1) An interceptor system that optimizes defensive coverage 
     of the continental United States, Alaska, and Hawaii against 
     limited, accidental, or unauthorized ballistic missile 
     attacks and includes one or a combination of the following:
       (A) Ground-based interceptors.
       (B) Sea-based interceptors.
       (C) Space-based kinetic energy interceptors.
       (D) Space-based directed energy systems.
       (2) Fixed ground-based radars.
       (3) Space-based sensors, including the Space and Missile 
     Tracking System.
       (4) Battle management, command, control, and communications 
     (BM/C3).

     SEC. 225. IMPLEMENTATION OF NATIONAL MISSILE DEFENSE SYSTEM.

       The Secretary of Defense shall--
       (1) upon the enactment of this Act, promptly initiate 
     required preparatory and planning actions that are necessary 
     so as to be capable of meeting the initial operational 
     capability (IOC) date specified in section 224(a);
       (2) plan to conduct by the end of 1998 an integrated 
     systems test which uses elements (including BM/C3 
     elements) that are representative of, and traceable to, the 
     national missile defense system architecture specified in 
     section 224(b);
       (3) prescribe and use streamlined acquisition policies and 
     procedures to reduce the cost and increase the efficiency of 
     developing the system specified in section 224(a); and
       (4) develop an affordable national missile defense follow-
     on program that--
       (A) leverages off of the national missile defense system 
     specified in section 224(a), and
       (B) augments that system, as the threat changes, to provide 
     for a layered defense.

[[Page S6943]]

     SEC. 226. REPORT ON PLAN FOR NATIONAL MISSILE DEFENSE SYSTEM 
                   DEVELOPMENT AND DEPLOYMENT.

       Not later than March 15, 1998, the Secretary of Defense 
     shall submit to Congress a report on the Secretary's plan for 
     development and deployment of a national missile defense 
     system pursuant to this subtitle. The report shall include 
     the following matters:
       (1) The Secretary's plan for carrying out this subtitle, 
     including--
       (A) a detailed description of the system architecture 
     selected for development under section 224(b); and
       (B) a discussion of the justification for the selection of 
     that particular architecture.
       (2) The Secretary's estimate of the amount of 
     appropriations required for research, development, test, 
     evaluation, and for procurement, for each of fiscal years 
     1998 through 2003 in order to achieve the initial operational 
     capability date specified in section 224(a).
       (3) A cost and operational effectiveness analysis of 
     follow-on options to improve the effectiveness of such 
     system.
       (4) A determination of the point at which any activity that 
     is required to be carried out under this subtitle would 
     conflict with the terms of the ABM Treaty, together with a 
     description of any such activity, the legal basis for the 
     Secretary's determination, and an estimate of the time at 
     which such point would be reached in order to meet the 
     initial operational capability date specified in section 
     224(a).

     SEC. 227. POLICY REGARDING THE ABM TREATY.

       (a) ABM Treaty Negotiations.--In light of the findings in 
     section 222 and the policy established in section 223, 
     Congress urges the President to pursue high-level discussions 
     with the Russian Federation to achieve an agreement to amend 
     the ABM Treaty to allow deployment of the national missile 
     defense system being developed for deployment under section 
     224.
       (b) Requirement for Senate Advice and Consent.--If an 
     agreement described in subsection (a) is achieved in 
     discussions described in that subsection, the President shall 
     present that agreement to the Senate for its advice and 
     consent. No funds appropriated or otherwise available for any 
     fiscal year may be obligated or expended to implement such an 
     amendment to the ABM Treaty unless the amendment is made in 
     the same manner as the manner by which a treaty is made.
       (c) Action Upon Failure To Achieve Negotiated Changes 
     Within One Year.--If an agreement described in subsection (a) 
     is not achieved in discussions described in that subsection 
     within one year after the date of the enactment of this Act, 
     the President and Congress, in consultation with each other, 
     shall consider exercising the option of withdrawing the 
     United States from the ABM Treaty in accordance with the 
     provisions of Article XV of that treaty.

     SEC. 228. FUNDING FOR FISCAL YEAR 1998.

       Of the funds authorized to be appropriated under section 
     201(4), $1,840,606,000 shall be available for the national 
     missile defense program.

     SEC. 229. ABM TREATY DEFINED.

       For purposes of this subtitle, the term ``ABM Treaty'' 
     means the Treaty Between the United States of America and the 
     Union of Soviet Socialist Republics on the Limitation of 
     Anti-Ballistic Missile Systems, and signed at Moscow on May 
     26, 1972, and includes the Protocols to that Treaty, signed 
     at Moscow on July 3, 1974.

     SEC. 230. REVERSAL OF DECISION TO TRANSFER PROCUREMENT FUNDS 
                   FROM THE BALLISTIC MISSILE DEFENSE 
                   ORGANIZATION.

                                 ______
                                 

                      GRAMM AMENDMENTS NO. 697-698

  (Ordered to lie on the table.)
  Mr. GRAMM submitted two amendments intended to be proposed by him to 
the bill, S. 936, supra; as follows:

                           Amendment No. 697

       At the appropriate place, add the following:

     SEC.   . CONTINUATION OF SUPPORT TO SENIOR MILITARY COLLEGES.

       (a) Definition of Senior Military Colleges.--For purposed 
     of this section, the term ``senior military colleges'' means 
     the following:
       (1) Texas A&M University.
       (2) Norwich University.
       (3) The Virginia Military Institute.
       (4) The Citadel.
       (5) Virginia Polytechnic Institute and State University.
       (6) North Georgia College and State University.
       (b) Findings.--Congress finds the following:
       (1) The senior military colleges consistently have provided 
     substantial numbers of highly qualified, long-serving leaders 
     to the Armed Forces.
       (2) The quality of the military leaders produced by the 
     senior military colleges is, in part, the result of the 
     rigorous military environment imposed on students attending 
     the senior military colleges by the colleges, as well as the 
     result of the long-standing close support relationship 
     between the Corps of Cadets at each college and the Reserve 
     Officer Training Corps personnel at the colleges who serve a 
     effective leadership role models and mentors.
       (3) In recognition of the quality of the young leaders 
     produced by the senior military colleges, the Department of 
     Defense and the military service have traditionally 
     maintained special relationships with the colleges, including 
     the policy to grant active duty service in the Army to 
     graduates of the colleges who desire such service and who are 
     recommended for such service by their ROTC professors of 
     military science.
       (4) Each of the senior military colleges has demonstrated 
     an ability to adapt its systems and operations to changing 
     conditions in, and requirements of, the Armed Forces without 
     compromising the quality of leaders produced and without 
     interruption of the close relationship between the colleges 
     and the Department of Defense.
       (c) Sense of Congress.--In light of the findings in 
     subsection (b), it is the sense of Congress that--
       (1) the proposed initiative of the Secretary of the Army to 
     end the commitment to active duty service for all graduates 
     of senior military colleges who desire such service and who 
     are recommended for such service by their ROTC professors of 
     military science is short-sighted and contrary to the long-
     term interests of the Army;
       (2) as they have in the past, the senior military colleges 
     can and will continue to accommodate to changing military 
     requirements to ensure that future graduates entering 
     military service continue to be officers of superb quality 
     who are quickly assimilated by the Armed Forces and fully 
     prepared to make significant contributions to the Armed 
     Forces through extended military careers; and
       (3) decisions of the Secretary of Defense or the Secretary 
     of a military department that fundamentally and unilaterally 
     change the long-standing relationship of the Armed Forces 
     with the senior military colleges are not in the best 
     interests of the Department of Defense or the Armed Forces 
     and are patently unfair to students who made decisions to 
     enroll in the senior military colleges on the basis of 
     existing Department and Armed Forces policy.
       (d) Continuation of Support for Senior Military Colleges.--
     Section 2111a of title 10, United States Code, is amended--
       (1) by redesignating subsection (d) as subsection (g); and
       (2) by inserting after subsection (c) the following new 
     subsections:
       ``(d) Additional Support.--(1) The Secretaries of the 
     military departments shall ensure that each unit of the 
     Senior Reserve Officers' Training Corps at a senior military 
     college provides support to the Corps of Cadets at the 
     college over and above the level of support associated with 
     the conduct of the formal Senior Reserve Officers' Training 
     Corps course of instruction.
       ``(2) This additional support shall include the following:
       ``(A) Mentoring, teaching, coaching, counseling and 
     advising cadets and cadet leaders in the areas of leadership, 
     military, and academic performance.
       ``(B) Involvement in cadet leadership training, 
     development, and evaluation, as well as drill, ceremonies, 
     parades, and inspections.
       ``(3) This additional support may include the following:
       ``(A) Advising cadet teams, clubs, and organizations.
       ``(B) Involvement in matters of discipline and 
     administration of the Corps of Cadets so long as such 
     involvement does not interfere with the conduct of the formal 
     Senior Reserve Officers' Training Corps course of instruction 
     or the support required by paragraph (2).
       ``(e) Termination or Reduction of Program Prohibited.--The 
     Secretary of Defense and the Secretaries of the military 
     departments may not take or authorize any action to terminate 
     or reduce a unit of the Senior Reserve Officers' Training 
     Corps at a senior military college unless the termination or 
     reduction is specifically requested by the college.
       ``(f) Assignment to Active Duty.--(1) The Secretary of the 
     Army shall ensure that a graduate of a senior military 
     college who desires to serve as a commissioned officer on 
     active duty upon graduation from the college, who is 
     medically and physically qualified for active duty, and who 
     is recommended for such duty by the professor of military 
     science at the college, shall be assigned to active duty. 
     This paragraph shall apply to a member of the program at a 
     senior military college who graduates from the college after 
     March 31, 1997.
       ``(2) Nothing in this section shall be construed to 
     prohibit the Secretary of the Army from requiring a member of 
     the program who graduates from a senior military college to 
     serve on active duty.''.
       (e) Technical Corrections.--Subsection (g) of such section, 
     as redesignated by subsection (d)(1), is amended--
       (1) in paragraph (2), by striking out ``College'' and 
     inserting in lieu thereof ``University''; and
       (2) in paragraph (6), by inserting before the period the 
     following: ``and State University''.
       (f) Clerical Amendments.--(1) The heading of such section 
     is amended to read as follows:

     ``Sec. 2111a. Support for senior military colleges''.

       (2) The item relating to such section in the table of 
     sections at the beginning of chapter

[[Page S6944]]

     103 of title 10, United States Code, is amended to read as 
     follows:

``2111a. Support for senior military colleges.''.
                                                                    ____


                           Amendment No. 698

       At the appropriate place, add the following:

     SEC.   . WAIVER OF PERCENTAGE LIMITATION

       (a) Notwithstanding any other provision of law, the 
     percentage limitation of Title 10 U.S. Code, Section 2466(a) 
     [the ``60/40 rule''] is hereby waived for any DoD depot 
     facility where, after a full and open public-private 
     competition, it is determined by the Defense Depot 
     Maintenance Council that savings of at least 10% can be 
     realized by awarding work currently performed at the depot at 
     the depot to a private contractor.
       (b) When calculating the cost savings, DoD shall include 
     all costs to operate DoD depots, including all overhead and 
     retirement costs, in order to provide the best value to the 
     taxpayer.
                                 ______
                                 

                        HELMS AMENDMENT NO. 699

  (Ordered to lie on the table.)
  Mr. HELMS submitted an amendment intended to be proposed by him to 
the bill, S. 936, supra; as follows:

       At Sec. 2813, add the following:
       (a) Conveyance Authorized.--Subject to the provisions of 
     this section and notwithstanding any other law, the Secretary 
     of the Army shall convey, without consideration, by fee 
     simple absolute deed to Harnett County, North Carolina, all 
     right, title, and interest of the United States of America in 
     and to two parcels of land containing a total of 300 acres, 
     more or less, located at Fort Bragg, North Carolina, together 
     with any improvements thereon, for educational and economic 
     development purposes.
       (b) Terms and Conditions.--The conveyance by the United 
     States under this section shall be subject to the following 
     conditions to protect the interests of the United States, 
     including:
       (1) the County shall pay all costs associated with the 
     conveyance, authorized by this section, including but not 
     limited to environmental analysis and documentation, survey 
     costs and recording fees.
       (2) not withstanding the Comprehensive Environmental 
     Response, Compensation and Liability Act of 1980, as amended 
     (42 USC 9601) et the Solid Waste Disposal Act, as amended (42 
     USC 6901 et seq.) or any other law, the County, and not the 
     United States, shall be responsible for any environmental 
     restoration or remediation required on the property conveyed 
     and the United States shall be forever released and held 
     harmless from any obligation to conduct such restoration or 
     remediation and any claims or causes of action stemming from 
     such remediation.
       (c) Legal Description of Real Property and Payment of 
     Costs.--The exact acreage and legal description of the real 
     property described in subsection (a) shall be determined by a 
     survey, the costs of which the County shall bear.
                                 ______
                                 

                        McCAIN AMENDMENT NO. 700

  (Ordered to lie on the table.)
  Mr. McCAIN submitted an amendment intended to be proposed by him to 
the bill, S. 936, supra; as follows:

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

     SEC. 1042. REPORT ON ESTABLISHMENT OF FOREIGN-OWNED BUSINESS 
                   ACTIVITIES AT MILITARY INSTALLATIONS IN THE 
                   UNITED STATES.

       (a) Report Required.--The President shall submit to 
     Congress a report on the national security implications of 
     the establishment of any foreign-owned business activity on 
     or in the vicinity of a military installation within the 
     United States.
       (b) Inapplicability to Certain Cases.--This section does 
     not apply in the case of a foreign business entity if the 
     principal place of business of that entity is in a country 
     that does not restrict the establishment of United States-
     owned business activities in the vicinity of military 
     installations of that country.
                                 ______
                                 

                       CAMPBELL AMENDMENT NO. 701

  (Ordered to lie on the table.)
  Mr. CAMPBELL submitted an amendment intended to be proposed by him to 
the bill, S. 936, supra; as follows:

       In title XXXIV, strike out the heading of section 3402 and 
     all that follows through the heading of section 3403 and 
     insert in lieu thereof the following:

     SEC. 3402. TRANSFER OF JURISDICTION, NAVAL OIL SHALE RESERVES 
                   NUMBERED 1 AND 3.

       (a) Transfer Required.--Chapter 641 of title 10, United 
     States Code, is amended by adding at the end the following 
     new section:

     ``Sec. 7439. CERTAIN OIL SHALE RESERVES: TRANSFER OF 
                   JURISDICTION AND PETROLEUM EXPLORATION, 
                   DEVELOPMENT, AND PRODUCTION

       ``(a) Transfer Required.--(1) Upon the enactment of the 
     National Defense Authorization Act for Fiscal Year 1998, the 
     Secretary of Energy shall transfer to the Secretary of the 
     Interior administrative jurisdiction over all public domain 
     lands included within Oil Shale Reserve Numbered 1.
       ``(2) Not later than one year after the date of the 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 1998, the Secretary of Energy shall transfer to 
     the Secretary of the Interior administrative jurisdiction 
     over those public domain lands included within the developed 
     tract of Oil Shale Reserve Numbered 3, which consists of 
     approximately 6,000 acres and 24 natural gas wells, together 
     with pipelines and associated facilities.
       ``(3)(A) Except as provided in subparagraph (B), the 
     Secretary of Energy shall continue after the transfer of 
     administrative jurisdiction over public domain lands within 
     an oil shale reserve under this subsection to be responsible 
     for taking any actions that are necessary to ensure that the 
     oil shale reserve is in compliance with the requirements of 
     Federal and State environmental laws that are applicable to 
     the reserve.
       ``(B) The responsibility of the Secretary of Energy with 
     respect to public domain lands of an oil shale reserve under 
     subparagraph (A) shall terminate upon certification by the 
     Secretary to the Secretary of the Interior that the oil shale 
     reserve is in compliance with the requirements of Federal and 
     State environmental laws that are applicable to the reserve.
       ``(4) Upon the transfer to the Secretary of the Interior of 
     jurisdiction over public domain lands under this subsection, 
     the other sections of this chapter shall cease to apply with 
     respect to the transferred lands.
       ``(b) Authority To Lease.--(1) Beginning on the date of the 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 1998, or as soon thereafter as practicable, the 
     Secretary of the Interior shall enter into leases with one or 
     more private entities for the purpose of exploration for, and 
     development and production of, petroleum (other than in the 
     form of oil shale) located on or in public domain lands in 
     Oil Shale Reserve Numbered 1 and the developed tract of Oil 
     Shale Reserve Numbered 3. Any such lease shall be made in 
     accordance with the requirements of the Act entitled ``An Act 
     to promote the mining of coal, phosphate, oil, oil shale, 
     gas, and sodium on the public domain'', approved February 25, 
     1920 (commonly known as the ``Mineral Leasing Act'') (30 
     U.S.C. 181 et seq.), regarding the lease of oil and gas lands 
     and shall be subject to valid existing rights.
       ``(2) Notwithstanding the delayed transfer of the developed 
     tract of Oil Shale Reserve Numbered 3 under subsection 
     (a)(2), the Secretary of the Interior shall enter into a 
     lease under paragraph (1) with respect to the developed tract 
     before the end of the one-year period beginning on the date 
     of the enactment of this section.
       ``(c) Management.--The Secretary of the Interior, acting 
     through the Director of the Bureau of Land Management, shall 
     manage the lands transferred under subsection (a) in 
     accordance with the Federal Land Policy and Management Act of 
     1976 (43 U.S.C. 1701 et seq.) and other laws applicable to 
     the public lands.
       ``(d) Transfer of Existing Equipment.--The lease of lands 
     by the Secretary of the Interior under this section may 
     include the transfer, at fair market value, of any well, 
     gathering line, or related equipment owned by the United 
     States on the lands transferred under subsection (a) and 
     suitable for use in the exploration for, or development or 
     production of, petroleum on the lands.
       ``(e) Cost Minimization.--The cost of any environmental 
     assessment required pursuant to the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.) in connection 
     with a proposed lease under this section shall be paid out of 
     unobligated amounts available for administrative expenses of 
     the Bureau of Land Management.
       ``(f) Distribution of Receipts.--Notwithstanding any other 
     provision of law, all moneys received from a lease under this 
     section (including sales, bonuses, royalties (including 
     interest charges collected under the Federal Oil and Gas 
     Royalty Management Act of 1982 (30 U.S.C. 1701 et seq.)), and 
     rentals) shall be paid and distributed under section 35 of 
     the Act entitled ``An Act to promote the mining of coal, 
     phosphate, oil, oil shale, gas, and sodium on the public 
     domain'', approved February 25, 1920 (commonly known as the 
     ``Mineral Leasing Act'') (30 U.S.C. 191), in the same manner 
     as moneys derived from other oil and gas leases involving 
     public domain lands other than naval petroleum reserves.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``7439. Certain oil shale reserves: transfer of jurisdiction and 
              petroleum exploration, development, and production.''.

     SEC. 3403. LEASING OF OIL SHALE RESERVE NUMBERED 2.

       (a) Authority To Lease.--The Secretary of Energy may lease, 
     subject to valid existing rights, the United States interest 
     in Oil Shale Reserve Numbered 2 to one or more private 
     entities for the purpose of providing for the exploration of 
     such reserve for, and the development and production of, 
     petroleum.
       (b) Maximization of Financial Return to the United 
     States.--A lease under this section shall be made under terms 
     that result in the maximum practicable financial return to 
     the United States, without regard to production limitations 
     provided under chapter 641 of title 10, United States Code.
       (c) Disposition of Wells, Gathering Lines, and Equipment.--
     A lease of a reserve under subsection (a) may include the 
     sale or other disposition, at fair market value, of

[[Page S6945]]

     any well, gathering line, or related equipment owned by the 
     United States that is located at the reserve and is suitable 
     for use in the exploration for, or development or production 
     of, petroleum on the reserve.
       (d) Disposition of Royalties and Other Proceeds.--All 
     royalties and other proceeds accruing to the United States 
     from a lease under this section shall be disposed of in 
     accordance with section 7433 of title 10, United States Code.
       (e) Inapplicability of Certain Sections of Title 10, United 
     States Code.--The following provisions of chapter 641 of 
     title 10, United States Code, do not apply to the leasing of 
     a reserve under this section nor to a reserve while under a 
     lease entered into under this section: section 7422(b), 
     subsections (d), (e), (g), and (k) of section 7430, section 
     7431, and section 7438(c)(1).
       (f) Definitions.--In this section:
       (1) The term ``Oil Shale Reserve Numbered 2'' means the oil 
     shale reserves identified as Oil Shale Reserve Numbered 2 in 
     section 7420(2) of title 10, United States Code.
       (2) The term ``petroleum'' has the meaning given such term 
     in section 7420(3) of such title.

     SEC. 3404. REPEAL OF REQUIREMENT TO ASSIGN NAVY OFFICERS TO 
                   OFFICE OF NAVAL PETROLEUM AND OIL SHALE 
                   RESERVES.

                                 ______
                                 

                     McCAIN AMENDMENTS NOS. 702-704

  (Ordered to lie on the table.)
  Mr. McCAIN submitted three amendments intended to be proposed by him 
to the bill, S. 936, supra; as follows:

                           Amendment No. 702

       Insert after title XI, the following new title:
   TITLE XII--FEDERAL CHARTER FOR THE AIR FORCE SERGEANTS ASSOCIATION

     SEC. 1201. RECOGNITION AND GRANT OF FEDERAL CHARTER.

       The Air Force Sergeants Association, a nonprofit 
     corporation organized under the laws of the District of 
     Columbia, is recognized as such and granted a Federal 
     charter.

     SEC. 1202. POWERS.

       The Air Force Sergeants Association (in this title referred 
     to as the ``association'') shall have only those powers 
     granted to it through its bylaws and articles of 
     incorporation filed in the District of Columbia and subject 
     to the laws of the District of Columbia.

     SEC. 1203. PURPOSES.

       The purposes of the association are those provided in its 
     bylaws and articles of incorporation and shall include the 
     following:
       (1) To help maintain a highly dedicated and professional 
     corps of enlisted personnel within the United States Air 
     Force, including the United States Air Force Reserve, and the 
     Air National Guard.
       (2) To support fair and equitable legislation and 
     Department of the Air Force policies and to influence by 
     lawful means departmental plans, programs, policies, and 
     legislative proposals that affect enlisted personnel of the 
     Regular Air Force, the Air Force Reserve, and the Air 
     National Guard, its retirees, and other veterans of enlisted 
     service in the Air Force.
       (3) To actively publicize the roles of enlisted personnel 
     in the United States Air Force.
       (4) To participate in civil and military activities, youth 
     programs, and fundraising campaigns that benefit the United 
     States Air Force.
       (5) To provide for the mutual welfare of members of the 
     association and their families.
       (6) To assist in recruiting for the United States Air 
     Force.
       (7) To assemble together for social activities.
       (8) To maintain an adequate Air Force for our beloved 
     country.
       (9) To foster among the members of the association a 
     devotion to fellow airmen.
       (10) To serve the United States and the United States Air 
     Force loyally, and to do all else necessary to uphold and 
     defend the Constitution of the United States.

     SEC. 1204. SERVICE OF PROCESS.

       With respect to service of process, the association shall 
     comply with the laws of the District of Columbia and those 
     States in which it carries on its activities in furtherance 
     of its corporate purposes.

     SEC. 1205. MEMBERSHIP.

       Except as provided in section 1208(g), eligibility for 
     membership in the association and the rights and privileges 
     of members shall be as provided in the bylaws and articles of 
     incorporation of the association.

     SEC. 1206. BOARD OF DIRECTORS.

       Except as provided in section 1208(g), the composition of 
     the board of directors of the association and the 
     responsibilities of the board shall be as provided in the 
     bylaws and articles of incorporation of the association and 
     in conformity with the laws of the District of Columbia.

     SEC. 1207. OFFICERS.

       Except as provided in section 1208(g), the positions of 
     officers of the association and the election of members to 
     such positions shall be as provided in the bylaws and 
     articles of incorporation of the association and in 
     conformity with the laws of the District of Columbia.

     SEC. 1208. RESTRICTIONS.

       (a) Income and Compensation.--No part of the income or 
     assets of the association may inure to the benefit of any 
     member, officer, or director of the association or be 
     distributed to any such individual during the life of this 
     charter. Nothing in this subsection may be construed to 
     prevent the payment of reasonable compensation to the 
     officers and employees of the association or reimbursement 
     for actual and necessary expenses in amounts approved by the 
     board of directors.
       (b) Loans.--The association may not make any loan to any 
     member, officer, director, or employee of the association.
       (c) Issuance of Stock and Payment of Dividends.--The 
     association may not issue any shares of stock or declare or 
     pay any dividends.
       (d) Disclaimer of Congressional or Federal Approval.--The 
     association may not claim the approval of the Congress or the 
     authorization of the Federal Government for any of its 
     activities by virtue of this title.
       (e) Corporate Status.--The association shall maintain its 
     status as a corporation organized and incorporated under the 
     laws of the District of Columbia.
       (f) Corporate Function.--The association shall function as 
     an educational, patriotic, civic, historical, and research 
     organization under the laws of the District of Columbia.
       (g) Nondiscrimination.--In establishing the conditions of 
     membership in the association and in determining the 
     requirements for serving on the board of directors or as an 
     officer of the association, the association may not 
     discriminate on the basis of race, color, religion, sex, 
     handicap, age, or national origin.

     SEC. 1209. LIABILITY.

       The association shall be liable for the acts of its 
     officers, directors, employees, and agents whenever such 
     individuals act within the scope of their authority.

     SEC. 1210. MAINTENANCE AND INSPECTION OF BOOKS AND RECORDS.

       (a) Books and Records of Account.--The association shall 
     keep correct and complete books and records of account and 
     minutes of any proceeding of the association involving any of 
     its members, the board of directors, or any committee having 
     authority under the board of directors.
       (b) Names and Addresses of Members.--The association shall 
     keep at its principal office a record of the names and 
     addresses of all members having the right to vote in any 
     proceeding of the association.
       (c) Right to Inspect Books and Records.--All books and 
     records of the association may be inspected by any member 
     having the right to vote in any proceeding of the 
     association, or by any agent or attorney of such member, for 
     any proper purpose at any reasonable time.
       (d) Application of State Law.--This section may not be 
     construed to contravene any applicable State law.

     SEC. 1211. AUDIT OF FINANCIAL TRANSACTIONS.

       The first section of the Act entitled ``An Act to provide 
     for audit of accounts of private corporations established 
     under Federal law'', approved August 30, 1964 (36 U.S.C. 
     1101), is amended--
       (1) by redesignating the paragraph (77) added by section 
     1811 of Public Law 104-201 (110 Stat. 2762) as paragraph 
     (78); and
       (2) by adding at the end the following:
       ``(79) Air Force Sergeants Association.''.

     SEC. 1212. ANNUAL REPORT.

       The association shall annually submit to Congress a report 
     concerning the activities of the association during the 
     preceding fiscal year. The annual report shall be submitted 
     on the same date as the report of the audit required by 
     reason of the amendment made in section 1211. The annual 
     report shall not be printed as a public document.

     SEC. 1213. RESERVATION OF RIGHT TO ALTER, AMEND, OR REPEAL 
                   CHARTER.

       The right to alter, amend, or repeal this title is 
     expressly reserved to Congress.

     SEC. 1214. TAX-EXEMPT STATUS REQUIRED AS CONDITION OF 
                   CHARTER.

       If the association fails to maintain its status as an 
     organization exempt from taxation as provided in the Internal 
     Revenue Code of 1986 the charter granted in this title shall 
     terminate.

     SEC. 1215. TERMINATION.

       The charter granted in this title shall expire if the 
     association fails to comply with any of the provisions of 
     this title.

     SEC. 1216. DEFINITION OF STATE.

       For purposes of this title, the term ``State'' includes the 
     District of Columbia, the Commonwealth of Puerto Rico, the 
     Commonwealth of the Northern Mariana Islands, and the 
     territories and possessions of the United States.
                                                                    ____


                           Amendment No. 703

       At the end of subtitle A of title VIII, add the following:

     SEC. 809. BLANKET WAIVER OF CERTAIN DOMESTIC SOURCE 
                   REQUIREMENTS FOR FOREIGN COUNTRIES WITH CERTAIN 
                   COOPERATIVE OR RECIPROCAL RELATIONSHIPS WITH 
                   THE UNITED STATES.

       (a) Authority.--(1) Section 2534 of title 10, United States 
     Code, is amended by adding at the end the following:
       ``(i) Waiver Generally Applicable to a Country.--The 
     Secretary of Defense shall waive the limitation in subsection 
     (a) with respect to a foreign country generally if the 
     Secretary determines that the application of the limitation 
     with respect to that country would impede cooperative 
     programs entered into between the Department of Defense and 
     the foreign country, or would impede the reciprocal 
     procurement of defense items entered into under section 2531 
     of this title, and the country does not discriminate

[[Page S6946]]

     against defense items produced in the United States to a 
     greater degree than the United States discriminates against 
     defense items produced in that country.''.
       (2) The amendment made by paragraph (1) shall apply with 
     respect to--
       (A) contracts entered into on or after the date of the 
     enactment of this Act; and
       (B) options for the procurement of items that are exercised 
     after such date under contracts that are entered into before 
     such date.
       (b) Conforming Amendment.--The heading of subsection (d) of 
     such section is amended by inserting ``for Particular 
     Procurements'' after ``Waiver Authority''.
                                                                    ____


                           Amendment No. 704

       At the appropriate place, insert:
       ``(a) Priority.--The Comptroller General may commence an 
     audit, evaluation, other review, or report in a fiscal year 
     on any issue under the jurisdiction of the Committee on Armed 
     Services of the Senate or the Committee on National Security 
     of the House of Representatives only after the Comptroller 
     General certifies in writing to Congress during such fiscal 
     year that the General Accounting Office has completed all 
     audits, evaluations, other reviews, and reports on any such 
     issue that were requested of that office by Congress before 
     the date of the certification.
                                 ______
                                 

                 McCAIN (AND OTHERS) AMENDMENT NO. 705

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

       On page 410, between lines 2 and 3, insert the following:

     SEC. 2832. AUTHORITY TO CARRY OUT BASE CLOSURE ROUNDS IN 1999 
                   AND 2001.

       (a) Commission Matters.--
       (1) Appointment.--Subsection (c)(1) of section 2902 of 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) is 
     amended--
       (A) in subparagraph (B)--
       (i) by striking out ``and'' at the end of clause (ii);
       (ii) by striking out the period at the end of clause (iii) 
     and inserting in lieu thereof a semicolon; and
       (iii) by adding at the end the following:
       ``(iv) by no later than January 3, 1999, in the case of 
     members of the Commission whose terms will expire at the end 
     of the first session of the 106th Congress; and
       ``(v) by no later than January 3, 2001, in the case of 
     members of the Commission whose terms will expire at the end 
     of the first session of the 107th Congress.''; and
       (B) in subparagraph (C), by striking out ``or for 1995 in 
     clause (iii) of such subparagraph'' and inserting in lieu 
     thereof ``, for 1995 in clause (iii) of that subparagraph, 
     for 1999 in clause (iv) of that subparagraph, or for 2001 in 
     clause (v) of that subparagraph''.
       (2) Meetings.--Subsection (e) of that section is amended by 
     striking out ``and 1995'' and inserting in lieu thereof 
     ``1995, 1999, and 2001''.
       (3) Staff.--Subsection (i)(6) of that section is amended in 
     the matter preceding subparagraph (A) by striking out ``and 
     1994'' and inserting in lieu thereof ``, 1994, 1998, and 
     2000''.
       (4) Termination.--Subsection (l) of that section is amended 
     by striking out ``December 31, 1995'' and inserting in lieu 
     thereof ``December 31, 2001''.
       (b) Procedures.--
       (1) Force-structure plan.--Subsection (a)(1) of section 
     2903 of that Act is amended by striking out ``and 1996,'' and 
     inserting in lieu thereof ``1996, 2000, and 2002,''.
       (2) Selection criteria.--Subsection (b)(1) of such section 
     2903 is amended by inserting ``and not later than December 
     31, 1998, for purposes of activities of the Commission under 
     this part in 1999 and 2001,'' after ``December 31, 1990,''.
       (3) Department of defense recommendations.--Subsection 
     (c)(1) of such section 2903 is amended by striking out ``and 
     March 1, 1995,'' and inserting in lieu thereof ``March 1, 
     1995, March 1, 1999, and March 1, 2001,''.
       (c) Privatization in Place.--Section 2904(a) of that Act is 
     amended--
       (1) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively; and
       (2) by inserting after paragraph (2) the following new 
     paragraph (3):
       ``(3) carry out the privatization in place of a military 
     installation recommended for closure or realignment by the 
     Commission in each such report only if privatization in place 
     is a method of closure or realignment of the installation 
     specified in the recommendation of the Commission in such 
     report and is determined to be the most-cost effective method 
     of implementation of the recommendation;''.
       (d) Requirements Applicable to Rounds After 1997.--
       (1) Requirements.--That Act is further amended by inserting 
     after section 2904 the following new section:

     ``SEC. 2904A. REQUIREMENTS APPLICABLE TO BASE CLOSURE ROUNDS 
                   AFTER 1997.

       ``(a) Report on Need for Additional Rounds.--The President 
     may not transmit nominations for members of the Commission 
     under section 2902(c)(1)(B) after 1997 until 180 days after 
     the date on which the Secretary submits to the Committee on 
     Armed Services of the Senate and the Committee on National 
     Security of the House of Representatives a report on the 
     need, if any, the closure or realignment of military 
     installations after such date. The report shall include the 
     following:
       ``(1) An estimate of excess capacity at military 
     installations as of the date of the report, set forth--
       ``(A) as a percentage of the total capacity of the 
     installations of the Armed Forces with respect to all 
     installations of the Armed Forces;
       ``(B) as a percentage of the total capacity of the 
     installations of each armed force with respect to the 
     installations of such armed force; and
       ``(C) as a percentage of the total capacity of a type of 
     installation with respect to installations of such type.
       ``(2) The types of installations that would be recommended 
     for closure or realignment in the event of one or more 
     additional base closure rounds, set forth by armed force.
       ``(3) The criteria to be used by the Secretary in 
     evaluating installations for closure or realignment in such 
     event.
       ``(4) The methodologies to be used by the Secretary in 
     identifying installations for closure or realignment in such 
     event.
       ``(5) An estimate of the costs and savings to be achieved 
     as a result of the closure or realignment of installations in 
     such event, set forth by armed force and by year.
       ``(6) The status of the report required by section 277(e) 
     of the National Defense Authorization Act for Fiscal Year 
     1996 (Public Law 104-106; 110 Stat. 242), including the 
     additional legislation to be identified in that report.
       ``(b) Selection Criteria.--The selection criteria used by 
     the Secretary in making recommendations regarding the closure 
     or realignment of military installations under section 
     2903(c) in any year after 1997 shall take into account the 
     costs, if any, of any environmental activities that will be 
     required with respect to such installations solely as a 
     result of the closure or realignment of such installations 
     under this part.
       ``(c) Recommendations.--
       ``(1) Dod recommendations.--
       ``(A) Notice from local governments.--In making 
     recommendations to the Commission under section 2903(c) in 
     any year after 1997, the Secretary shall consider any notice 
     received from a local government in the vicinity of a 
     military installation that the government would approve of 
     the closure or realignment of the installation.
       ``(B) Relationship to selection criteria.--Notwithstanding 
     the requirement in subparagraph (A), the Secretary shall make 
     such recommendations based on the force-structure plan and 
     final criteria otherwise applicable to such recommendations 
     under section 2903.
       ``(C) Publication of results.--The recommendations made by 
     the Secretary under section 2903(c) in any year after 1997 
     shall include a statement of the result of the consideration 
     of any notice received with respect to an installation 
     covered by such recommendations. The statement shall set 
     forth the reasons for the result.
       ``(2) Commission recommendations.--In making 
     recommendations to the President under subsection (d) or 
     (e)(3) of section 2903 in any year after 1997, the Commission 
     may recommend only the following actions with respect to a 
     military installation:
       ``(A) Closure of the installation.
       ``(B) Realignment of the installation.
       ``(C) No action with respect to the installation.
       ``(d) Utilization of Savings.--(1) Not later than December 
     1, 1997, the Secretary shall credit to the accounts referred 
     to in paragraph (3) an amount equal to the aggregate amount 
     of savings estimated by the Secretary to have been achieved 
     as a result of the closure or realignment of military 
     installations under this part and the provisions of title II 
     of the Defense Authorization Amendments and Base Closure and 
     Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note) as 
     of September 30, 1997.
       ``(2) Not later than December 1 of each year after 1997, 
     the Secretary shall credit to the accounts referred to in 
     paragraph (3) an amount equal to the aggregate amount of 
     savings estimated by the Secretary to have been achieved as a 
     result of the closure or realignment of military 
     installations under this part and the provisions of law 
     referred to in paragraph (1) during the preceding fiscal 
     year.
       ``(3)(A) The Secretary shall credit amounts under 
     paragraphs (1) and (2) to such accounts providing funds for 
     the Department of Defense for procurement, or for research, 
     development, test, and evaluation, as the Secretary shall 
     elect.
       ``(B) Amounts credited under subparagraph (A) shall be 
     merged with the funds in the account to which credited and 
     shall be available for the same purposes, and subject to the 
     same limitations, as the funds with which merged.
       ``(e) Review by Congressional Budget Office.--Not later 
     than July 31 of any year after 1997 in which the Commission 
     makes recommendations under section 2903(d), the 
     Congressional Budget Office shall submit to the committees 
     referred to in subsection (a) a detailed analysis of the 
     costs to be incurred and the savings to be achieved as a 
     result of the implementation of the recommendations.''.
       (2) Sense of congress.--
       (A) Sense of congress.--It is the sense of Congress that 
     the Secretary of Defense, in

[[Page S6947]]

     making recommendations to the Commission on the closure or 
     realignment of military installations under the 1990 base 
     closure law after 1997, and the Commission, in determining 
     whether to recommend installations for closure or realignment 
     under that law in addition to those recommended by the 
     Secretary, should consider in particular types of 
     installations having the most excess capacity.
       (B) Definitions.--In this paragraph:
       (i) The term ``1990 base closure law'' means 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).
       (ii) The term ``Commission'' means the Defense Base Closure 
     and Realignment Commission established by section 2902(a) of 
     the 1990 base closure law.
       (e) Relationship to Other Base Closure Authority.--Section 
     2909 of 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) is amended by striking out ``December 31, 1995,'' and 
     inserting in lieu thereof ``December 31, 2001,''.
       (f) Technical and Clarifying Amendments.--
       (1) Commission funding.--Section 2902(k) of that Act is 
     amended by adding at the end the following:
       ``(4) If no funds are appropriated to the Commission by the 
     end of the first session of the 105th Congress, the Secretary 
     may transfer to the Commission funds from the account 
     established by section 2906(a). Such funds shall remain 
     available until expended.''.
       (2) Commencement of period for notice of interest in 
     property for homeless.--Section 2905(b)(7)(D)(ii)(I) of that 
     Act is amended by striking out ``that date'' and inserting in 
     lieu thereof ``the date of publication of such determination 
     in a newspaper of general circulation in the communities in 
     the vicinity of the installation under subparagraph 
     (B)(i)(IV)''.
       (3) Other clarifying amendments.--
       (A) That Act is further amended by inserting ``or 
     realignment'' after ``closure'' each place it appears in the 
     following provisions:
       (i) Section 2905(b)(3).
       (ii) Section 2905(b)(4)(B)(ii).
       (iii) Section 2905(b)(5).
       (iv) Section 2905(b)(7)(B)(iv).
       (v) Section 2905(b)(7)(N).
       (vi) Section 2910(10)(B).
       (B) That Act is further amended by inserting ``or 
     realigned'' after ``closed'' each place in appears in the 
     following provisions:
       (i) Section 2905(b)(3)(C)(ii).
       (ii) Section 2905(b)(3)(D).
       (iii) Section 2905(b)(3)(E).
       (iv) Section 2905(b)(4)(A).
       (v) Section 2905(b)(5)(A).
       (vi) Section 2910(9).
       (vii) Section 2910(10).
       (C) Section 2905(e)(1)(B) of that Act is amended by 
     inserting ``, or realigned or to be realigned,'' after 
     ``closed or to be closed'.
                                 ______
                                 

                 CHAFEE (AND BAUCUS) AMENDMENT NO. 706

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

       At the end of title III, add the following:
                  Subtitle ____--Sikes Act Improvement

     SEC. 3____1. SHORT TITLE; REFERENCES.

       (a) Short Title.--This subtitle may be cited as the ``Sikes 
     Act Improvement Act of 1997''.
       (b) References to Sikes Act.--In this subtitle, the term 
     ``Sikes Act'' means the Act entitled ``An Act to promote 
     effectual planning, development, maintenance, and 
     coordination of wildlife, fish, and game conservation and 
     rehabilitation in military reservations'', approved September 
     15, 1960 (commonly known as the ``Sikes Act'') (16 U.S.C. 
     670a et seq.).

     SEC. 3____2. PREPARATION OF INTEGRATED NATURAL RESOURCES 
                   MANAGEMENT PLANS.

       (a) In General.--Section 101 of the Sikes Act (16 U.S.C. 
     670a(a)) is amended by striking subsection (a) and inserting 
     the following:
       ``(a) Authority of Secretary of Defense.--
       ``(1) Program.--
       ``(A) In general.--The Secretary of Defense shall carry out 
     a program to provide for the conservation and rehabilitation 
     of natural resources on military installations.
       ``(B) Integrated natural resources management plan.--To 
     facilitate the program, the Secretary of each military 
     department shall prepare and implement an integrated natural 
     resources management plan for each military installation in 
     the United States under the jurisdiction of the Secretary, 
     unless the Secretary determines that the absence of 
     significant natural resources on a particular installation 
     makes preparation of such a plan inappropriate.
       ``(2) Cooperative preparation.--The Secretary of a military 
     department shall prepare each integrated natural resources 
     management plan for which the Secretary is responsible in 
     cooperation with the Secretary of the Interior, acting 
     through the Director of the United States Fish and Wildlife 
     Service, and the head of each appropriate State fish and 
     wildlife agency for the State in which the military 
     installation concerned is located. Consistent with paragraph 
     (4), the resulting plan for the military installation shall 
     reflect the mutual agreement of the parties concerning 
     conservation, protection, and management of fish and wildlife 
     resources.
       ``(3) Purposes of program.--Consistent with the use of 
     military installations to ensure the preparedness of the 
     Armed Forces, the Secretaries of the military departments 
     shall carry out the program required by this subsection to 
     provide for--
       ``(A) the conservation and rehabilitation of natural 
     resources on military installations;
       ``(B) the sustainable multipurpose use of the resources, 
     which shall include hunting, fishing, trapping, and 
     nonconsumptive uses; and
       ``(C) subject to safety requirements and military security, 
     public access to military installations to facilitate the 
     use.
       ``(4) Effect on other law.--Nothing in this title--
       ``(A)(i) affects any provision of a Federal law governing 
     the conservation or protection of fish and wildlife 
     resources; or
       ``(ii) enlarges or diminishes the responsibility and 
     authority of any State for the protection and management of 
     fish and resident wildlife; or
       ``(B) except as specifically provided in the other 
     provisions of this section and in section 102, authorizes the 
     Secretary of a military department to require a Federal 
     license or permit to hunt, fish, or trap on a military 
     installation.''.
       (b) Conforming Amendments.--
       (1) Section 101 of the Sikes Act (16 U.S.C. 670a) is 
     amended--
       (A) in subsection (b)(4), by striking ``cooperative plan'' 
     each place it appears and inserting ``integrated natural 
     resources management plan'';
       (B) in subsection (c), in the matter preceding paragraph 
     (1), by striking ``a cooperative plan'' and inserting ``an 
     integrated natural resources management plan'';
       (C) in subsection (d), in the matter preceding paragraph 
     (1), by striking ``cooperative plans'' and inserting 
     ``integrated natural resources management plans''; and
       (D) in subsection (e), by striking ``Cooperative plans'' 
     and inserting ``Integrated natural resources management 
     plans''.
       (2) Section 102 of the Sikes Act (16 U.S.C. 670b) is 
     amended by striking ``a cooperative plan'' and inserting ``an 
     integrated natural resources management plan''.
       (3) Section 103 of the Sikes Act (16 U.S.C. 670c) is 
     amended by striking ``a cooperative plan'' and inserting ``an 
     integrated natural resources management plan''.
       (4) Section 106 of the Sikes Act (16 U.S.C. 670f) is 
     amended--
       (A) in subsection (a), by striking ``cooperative plans'' 
     and inserting ``integrated natural resources management 
     plans''; and
       (B) in subsection (c), by striking ``cooperative plans'' 
     and inserting ``integrated natural resources management 
     plans''.
       (c) Required Elements of Plans.--Section 101(b) of the 
     Sikes Act (16 U.S.C. 670a(b)) is amended--
       (1) by striking ``(b) Each cooperative'' and all that 
     follows through the end of paragraph (1) and inserting the 
     following:
       ``(b) Required Elements of Plans.--Consistent with the use 
     of military installations to ensure the preparedness of the 
     Armed Forces, each integrated natural resources management 
     plan prepared under subsection (a)--
       ``(1) shall, to the extent appropriate and applicable, 
     provide for--
       ``(A) fish and wildlife management, land management, forest 
     management, and fish- and wildlife-oriented recreation;
       ``(B) fish and wildlife habitat enhancement or 
     modifications;
       ``(C) wetland protection, enhancement, and restoration, 
     where necessary for support of fish, wildlife, or plants;
       ``(D) integration of, and consistency among, the various 
     activities conducted under the plan;
       ``(E) establishment of specific natural resource management 
     goals and objectives and time frames for proposed action;
       ``(F) sustainable use by the public of natural resources to 
     the extent that the use is not inconsistent with the needs of 
     fish and wildlife resources;
       ``(G) public access to the military installation that is 
     necessary or appropriate for the use described in 
     subparagraph (F), subject to requirements necessary to ensure 
     safety and military security;
       ``(H) enforcement of applicable natural resource laws 
     (including regulations);
       ``(I) no net loss in the capability of military 
     installation lands to support the military mission of the 
     installation; and
       ``(J) such other activities as the Secretary of the 
     military department determines appropriate;'';
       (2) in paragraph (2), by adding ``and'' at the end;
       (3) by striking paragraph (3);
       (4) by redesignating paragraph (4) as paragraph (3); and
       (5) in paragraph (3)(A) (as so redesignated), by striking 
     ``collect the fees therefor,'' and inserting ``collect, 
     spend, administer, and account for fees for the permits,''.

     SEC. 3____3. REVIEW FOR PREPARATION OF INTEGRATED NATURAL 
                   RESOURCES MANAGEMENT PLANS.

       (a) Definitions.--In this section, the terms ``military 
     installation'' and ``United States'' have the meanings 
     provided in section 100 of the Sikes Act (as added by section 
     3____9).
       (b) Review of Military Installations.--
       (1) Review.--Not later than 270 days after the date of 
     enactment of this Act, the Secretary of each military 
     department shall--

[[Page S6948]]

       (A) review each military installation in the United States 
     that is under the jurisdiction of that Secretary to determine 
     the military installations for which the preparation of an 
     integrated natural resources management plan under section 
     101 of the Sikes Act (as amended by this subtitle) is 
     appropriate; and
       (B) submit to the Secretary of Defense a report on the 
     determinations.
       (2) Report to congress.--Not later than 1 year after the 
     date of enactment of this Act, the Secretary of Defense shall 
     submit to Congress a report on the reviews conducted under 
     paragraph (1). The report shall include--
       (A) a list of the military installations reviewed under 
     paragraph (1) for which the Secretary of the appropriate 
     military department determines that the preparation of an 
     integrated natural resources management plan is not 
     appropriate; and
       (B) for each of the military installations listed under 
     subparagraph (A), an explanation of each reason such a plan 
     is not appropriate.
       (c) Deadline for Integrated Natural Resources Management 
     Plans.--Not later than 3 years after the date of the 
     submission of the report required under subsection (b)(2), 
     the Secretary of each military department shall, for each 
     military installation with respect to which the Secretary has 
     not determined under subsection (b)(2)(A) that preparation of 
     an integrated natural resources management plan is not 
     appropriate--
       (1) prepare and begin implementing such a plan in 
     accordance with section 101(a) of the Sikes Act (as amended 
     by this subtitle); or
       (2) in the case of a military installation for which there 
     is in effect a cooperative plan under section 101(a) of the 
     Sikes Act on the day before the date of enactment of this 
     Act, complete negotiations with the Secretary of the Interior 
     and the heads of the appropriate State agencies regarding 
     changes to the plan that are necessary for the plan to 
     constitute an integrated natural resources management plan 
     that complies with that section, as amended by this subtitle.
       (d) Public Comment.--The Secretary of each military 
     department shall provide an opportunity for the submission of 
     public comments on--
       (1) integrated natural resources management plans proposed 
     under subsection (c)(1); and
       (2) changes to cooperative plans proposed under subsection 
     (c)(2).

     SEC. 3____4. TRANSFER OF WILDLIFE CONSERVATION FEES FROM 
                   CLOSED MILITARY INSTALLATIONS.

       Section 101(b)(3)(B) of the Sikes Act (16 U.S.C. 670a(b)) 
     (as redesignated by section 3____2(c)(4)) is amended by 
     inserting before the period at the end the following: ``, 
     unless the military installation is subsequently closed, in 
     which case the fees may be transferred to another military 
     installation to be used for the same purposes''.

     SEC. 3____5. ANNUAL REVIEWS AND REPORTS.

       Section 101 of the Sikes Act (16 U.S.C. 670a) is amended by 
     adding at the end the following:
       ``(f) Reviews and Reports.--
       ``(1) Secretary of defense.--Not later than March 1 of each 
     year, the Secretary of Defense shall review the extent to 
     which integrated natural resources management plans were 
     prepared or were in effect and implemented in accordance with 
     this title in the preceding year, and submit a report on the 
     findings of the review to the committees. Each report shall 
     include--
       ``(A) the number of integrated natural resources management 
     plans in effect in the year covered by the report, including 
     the date on which each plan was issued in final form or most 
     recently revised;
       ``(B) the amounts expended on conservation activities 
     conducted pursuant to the plans in the year covered by the 
     report; and
       ``(C) an assessment of the extent to which the plans comply 
     with this title.
       ``(2) Secretary of the interior.--Not later than March 1 of 
     each year and in consultation with the heads of State fish 
     and wildlife agencies, the Secretary of the Interior shall 
     submit a report to the committees on the amounts expended by 
     the Department of the Interior and the State fish and 
     wildlife agencies in the year covered by the report on 
     conservation activities conducted pursuant to integrated 
     natural resources management plans.
       ``(3) Definition of committees.--In this subsection, the 
     term `committees' means--
       ``(A) the Committee on Resources and the Committee on 
     National Security of the House of Representatives; and
       ``(B) the Committee on Armed Services and the Committee on 
     Environment and Public Works of the Senate.''.

     SEC. 3____6. COOPERATIVE AGREEMENTS.

       Section 103a of the Sikes Act (16 U.S.C. 670c-1) is 
     amended--
       (1) in subsection (a), by striking ``Secretary of Defense'' 
     and inserting ``Secretary of a military department'';
       (2) by striking subsection (b);
       (3) by redesignating subsection (c) as subsection (b); and
       (4) by adding at the end the following:
       ``(c) Multiyear Agreements.--Funds made available to the 
     Department of Defense for a fiscal year may be obligated to 
     cover the cost of goods and services provided under a 
     cooperative agreement entered into under subsection (a) or 
     through an agency agreement under section 1535 of title 31, 
     United States Code, during any 18-month period beginning in 
     the fiscal year, regardless of the fact that the agreement 
     extends for more than 1 fiscal year.''.

     SEC. 3____7. FEDERAL ENFORCEMENT.

       Title I of the Sikes Act (16 U.S.C. 670a et seq.) is 
     amended--
       (1) by redesignating section 106 as section 108; and
       (2) by inserting after section 105 the following:

     ``SEC. 106. FEDERAL ENFORCEMENT OF OTHER LAWS.

       ``All Federal laws relating to the management of natural 
     resources on Federal land may be enforced by the Secretary of 
     Defense with respect to violations of the laws that occur on 
     military installations within the United States.''.

     SEC. 3____8. NATURAL RESOURCE MANAGEMENT SERVICES.

       Title I of the Sikes Act (16 U.S.C. 670a et seq.) is 
     amended by inserting after section 106 (as added by section 
     3____7) the following:

     ``SEC. 107. NATURAL RESOURCE MANAGEMENT SERVICES.

       ``To the extent practicable using available resources, the 
     Secretary of each military department shall ensure that 
     sufficient numbers of professionally trained natural resource 
     management personnel and natural resource law enforcement 
     personnel are available and assigned responsibility to 
     perform tasks necessary to carry out this title, including 
     the preparation and implementation of integrated natural 
     resources management plans.''.

     SEC. 3____9. DEFINITIONS.

       Title I of the Sikes Act (16 U.S.C. 670a et seq.) is 
     amended by inserting before section 101 the following:

     ``SEC. 100. DEFINITIONS.

       ``In this title:
       ``(1) Military installation.--The term `military 
     installation'--
       ``(A) means any land or interest in land owned by the 
     United States and administered by the Secretary of Defense or 
     the Secretary of a military department, except land under the 
     jurisdiction of the Assistant Secretary of the Army having 
     responsibility for civil works;
       ``(B) includes all public lands withdrawn from all forms of 
     appropriation under public land laws and reserved for use by 
     the Secretary of Defense or the Secretary of a military 
     department; and
       ``(C) does not include any land described in subparagraph 
     (A) or (B) that is subject to an approved recommendation for 
     closure 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).
       ``(2) State fish and wildlife agency.--The term `State fish 
     and wildlife agency' means the 1 or more agencies of State 
     government that are responsible under State law for managing 
     fish or wildlife resources.
       ``(3) United states.--The term `United States' means the 
     States, the District of Columbia, and the territories and 
     possessions of the United States.''.

     SEC. 3____0. REPEAL.

       Section 2 of Public Law 99-561 (16 U.S.C. 670a-1) is 
     repealed.

     SEC. 3____1. TECHNICAL AMENDMENTS.

       (a) The Sikes Act (16 U.S.C. 670a et seq.) is amended by 
     inserting before title I the following:

     ``SECTION 1. SHORT TITLE.

       ``This Act may be cited as the `Sikes Act'.''.
       (b) The title heading for title I of the Sikes Act (16 
     U.S.C. prec. 670a) is amended by striking ``military 
     reservations'' and inserting ``military installations''.
       (c) Section 101 of the Sikes Act (16 U.S.C. 670a) is 
     amended--
       (1) in subsection (b)(3) (as redesignated by section 
     3____2(c)(4))--
       (A) in subparagraph (A), by striking ``the reservation'' 
     and inserting ``the military installation''; and
       (B) in subparagraph (B), by striking ``the military 
     reservation'' and inserting ``the military installation'';
       (2) in subsection (c)--
       (A) in paragraph (1), by striking ``a military 
     reservation'' and inserting ``a military installation''; and
       (B) in paragraph (2), by striking ``the reservation'' and 
     inserting ``the military installation''; and
       (3) in subsection (e), by striking ``the Federal Grant and 
     Cooperative Agreement Act of 1977 (41 U.S.C. 501 et seq.)'' 
     and inserting ``chapter 63 of title 31, United States Code''.
       (d) Section 102 of the Sikes Act (16 U.S.C. 670b) is 
     amended by striking ``military reservations'' and inserting 
     ``military installations''.
       (e) Section 103 of the Sikes Act (16 U.S.C. 670c) is 
     amended--
       (1) by striking ``military reservations'' and inserting 
     ``military installations''; and
       (2) by striking ``such reservations'' and inserting ``the 
     installations''.

     SEC. 3____2. AUTHORIZATIONS OF APPROPRIATIONS.

       (a) Conservation Programs on Military Installations.--
     Subsections (b) and (c) of section 108 of the Sikes Act (as 
     redesignated by section 3____7(1)) are each amended by 
     striking ``1983'' and all that follows through ``1993,'' and 
     inserting ``1998 through 2003,''.
       (b) Conservation Programs on Public Lands.--Section 209 of 
     the Sikes Act (16 U.S.C. 670o) is amended--
       (1) in subsection (a), by striking ``the sum of 
     $10,000,000'' and all that follows through

[[Page S6949]]

     ``to enable the Secretary of the Interior'' and inserting 
     ``$4,000,000 for each of fiscal years 1998 through 2003, to 
     enable the Secretary of the Interior''; and
       (2) in subsection (b), by striking ``the sum of 
     $12,000,000'' and all that follows through ``to enable the 
     Secretary of Agriculture'' and inserting ``$5,000,000 for 
     each of fiscal years 1998 through 2003, to enable the 
     Secretary of Agriculture''.
                                 ______
                                 

                 THOMPSON (AND FRIST) AMENDMENT NO. 707

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

       At the appropriate place, insert:

     SEC.   . DESIGNATING THE Y-12 PLANT IN OAK RIDGE, TENNESSEE 
                   AS THE NATIONAL PROTOTYPE CENTER.

       The Y-12 plant in Oak Ridge, Tennessee is designated as the 
     National Prototype Center. Other executive agencies are 
     encouraged to utilize this center, where appropriate, to 
     maximize their efficiency and cost effectiveness.
                                 ______
                                 

                    SPECTER AMENDMENTS NOS. 708-709

  (Ordered to lie on the table.)
  Mr. SPECTER submitted two amendments intended to be proposed by him 
to the bill, S. 936, supra; as follows:

                           Amendment No. 708

       At the appropriate place in the bill, insert the following:

     SEC.   . FORCE PROTECTION PLAN AND ACCOUNTABILITY REPORT.

       (a) Congress finds that:
       (1) On June 25, 1996 a bomb detonated not more than 80 feet 
     from the United States Air Force housing complex known as 
     Khobar Towers in Dhahran, Saudi Arabia, killing 19 airmen and 
     injuring hundreds more;
       (2) On June 13, 1996, a Department of State Bureau of 
     Intelligence and Research report highlighted security 
     concerns in the region;
       (3) On June 17, 1996 the Pentagon received an intelligence 
     report detailing the high risk to the American military 
     installation in Dhahran;
       (4) Base commanders approached the Saudis in November, 1995 
     and requested to move the perimeter fence further out, a 
     request that was still pending when the bombing occurred;
       (5) In January, 1996, the Air Force Office of Special 
     Investigations published its vulnerability assessment for 
     Khobar Towers, which highlighted the vulnerability of 
     perimeter security given the proximity of the fence to the 
     housing complex and the lack of the protective coating Mylar 
     on the windows;
       (6) The Air Force recommendation concerning Mylar was made 
     part of a five-year plan, but not implemented prior to the 
     bombing, resulting in needless death and injury from flying 
     glass;
       (7) An Air Force investigation into the incident held no 
     one accountable for the tragedy;
       (8) Former Defense Secretary Perry and Chairman of the 
     Joint Chiefs of Staff Shalikashvili have yet to acknowledge 
     that such matters should be reported up the chain of command; 
     and
       (9) The Air Force did not cooperate with the Senate 
     Intelligence Committee request to interview Air Force 
     personnel or review Air Force material on the incident and 
     has continued to fail to comply with Congressional requests 
     to review Air Force reports on the incident;
       (b) Force Protection Plan and Accountability Procedures 
     Report Required.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall submit to the 
     relevant congressional committees:
       (1) a plan to improve current policies and practices of the 
     Department to protect United States armed forces from 
     terrorism; and
       (2) a report that assesses the accountability procedures 
     within the armed forces governing incidents where there is 
     loss of life due to terrorism in a noncombat situation at a 
     United States armed forces facility.
       (c) Definition.--As used in this section, the term 
     ``relevant congressional committee'' means--
       (1) the Committee on National Security, the Committee on 
     Appropriations, and the Permanent Select Committee on 
     Intelligence of the House of Representatives; and
       (2) the Committee on Armed Services, the Committee on 
     Appropriations, and the Select Committee on Intelligence of 
     the Senate.
                                                                    ____


                           Amendment No. 709

       At the appropriate place in the bill, insert the following:
       Sec.   . Notwithstanding any other provision of this bill 
     related to the question of privatization in place, the 
     realignment of the ground communication-electronics work to 
     Tobyhanna Army Depot in Pennsylvania will adhere to the 
     schedule provided for by the Defense Depot Maintenance 
     Council on March 13, 1997, which states that 20% of the 
     transfer will begin in fiscal year 1998, 40% in fiscal year 
     1999 and 40% in fiscal year 2000.
                                 ______
                                 

                         BOND AMENDMENT NO. 710

  (Ordered to lie on the table.)
  Mr. BOND submitted an amendment intended to be proposed by him to the 
bill, S. 936, supra; as follows:

       On page 382, line 15, strike out ``$155,416,000'' and 
     insert in lieu thereof ``$158,626,000''.
                                 ______
                                 

               DURBIN (AND ROCKEFELLER) AMENDMENT NO. 711

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

       On page 46, between lines 6 and 7, insert the following:

     SEC. 220. DOD/VA COOPERATIVE RESEARCH PROGRAM.

       Of the amount authorized to be appropriated by section 
     201(4), $20,000,000 shall be available for the DoD/VA 
     Cooperative Research Program.
                                 ______
                                 

                       CLELAND AMENDMENT NO. 712

  (Ordered to lie on the table.)
  Mr. CLELAND submitted an amendment intended to be proposed by him to 
the bill, S. 936, supra; as follows:

       At the end of title VII, add the following:

     SEC. 708. SENSE OF CONGRESS REGARDING QUALITY HEALTH CARE FOR 
                   RETIREES.

       (a) Findings.--Congress makes the following findings:
       (1) Many retired military personnel believe that they were 
     promised lifetime health care in exchange for 20 or more 
     years of service.
       (2) Military retirees are the only Federal Government 
     personnel who have been prevented from using their employer-
     provided health care at or after 65 years of age.
       (3) Military health care has become increasingly difficult 
     to obtain for military retirees as the Department of Defense 
     reduces its health care infrastructure.
       (4) Military retirees deserve to have a health care program 
     at least comparable with that of retirees from civilian 
     employment by the Federal Government.
       (5) The availability of quality, lifetime health care is a 
     critical recruiting incentive for the Armed Forces.
       (6) Quality health care is a critical aspect of the quality 
     of life of the men and women serving in the Armed Forces.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the United States has incurred a moral obligation to 
     provide health care to retirees from service in the Armed 
     Forces;
       (2) it is, therefore, necessary to provide quality, 
     affordable health care to such retirees; and
       (3) Congress and the President should take steps to address 
     the problems associated with health care for such retirees 
     within two years after the date of the enactment of this Act.
                                 ______
                                 

                        MURRAY AMENDMENT NO. 713

  (Ordered to lie on the table.)
  Mrs. MURRAY submitted an amendment intended to be proposed by her to 
the bill, S. 936, supra; as follows:

       Section 3102(b)(2) is amended as follows--add--Project 
     ____, tank farm characterization and remediation, Richland, 
     Washington, $50,000,000.
       Section 3104 is amended--
       at line 7, change to read--$462,000,000 [increase of $247 
     mm];
       at line 12, change to read--``age, Idaho Falls, Idaho, 
     $37,000,000.'' [increase of $10 mm];
       at line 17,change to read--``$35,000,000'' [increase of 
     $10mm; SR];
       at line 19, change to read--``tem phase 1, Hanford, 
     Washington, $300,000,000.'' [increase of $191 mm];
       after line 19, add--Project 98--PVT--____, waste disposal, 
     Oak Ridge, Tennessee, $25,000,000. [increase of $25mm];
       after line ____, add--Project 98--PVT--____, Ohio silo 3 
     waste treatement, Fernald, Ohio, $11,000,000. [increase of 
     $11mm]
       Offsets.--
       Section 3102(c). Environmental Restoration and Waste 
     Management--line 16, change--``grams in the amoutn of 
     $252,881,000.'' [decrease of $15mm]
       Section 3104. Defense Environmental Management 
     Privatization--at line 10 [regarding Carlsbad, NM], change--
     ``$21,000,000.'' [decrease of $8mm]
       Title I Procurement.--An equal amount from each account to 
     equal $274,000,000. [decrease of $274mm]
                                 ______
                                 

                       SESSIONS AMENDMENT NO. 714

  (Ordered to lie on the table.)
  Mr. SESSIONS submitted an amendment intended to be proposed by him to 
the bill, S. 936, supra; as follows

       At the end of subtitle D of title II, add the following:

     SEC. 235. DEMONSTRATION PROGRAM ON EXPLOSIVES 
                   DEMILITARIZATION TECHNOLOGY.

       (a) Program Required.--During fiscal year 1998, the 
     Secretary of the Army shall conduct at Anniston Army Depot, 
     Alabama, an alternative technology explosive munitions 
     demilitarization demonstration program in accordance with 
     this section.
       (b) Commercial Blast Chamber Technology.--Under the 
     demonstration program,

[[Page S6950]]

     the Secretary shall demonstrate the use of existing, 
     commercially available blast chamber technology for 
     incineration of explosive munitions as an alternative to the 
     open burning, open pit detonation of such munitions.
       (c) Assessment.--The Secretary shall assess the relative 
     benefits of the blast chamber technology and the open 
     burning, open pit detonation process with respect to the 
     levels of emissions and noise resulting from use of the 
     respective processes.
       (d) Report.--Not later than the date on which the President 
     submits the budget for fiscal year 2000 to Congress pursuant 
     to section 1105(a) of title 31, United States Code, the 
     Secretary of the Army shall submit a report on the results of 
     the demonstration program to the Committee on Armed Services 
     of the Senate and the Committee on National Security of the 
     House of Representatives. The report shall include the 
     Secretary's assessment under subsection (c).
       (e) Funding.--(1) Of the amount authorized to be 
     appropriated under section 201(4), $6,000,000 is available 
     for the demonstration program under this section.
       (2) The amount provided under section 201(4) is hereby 
     increased by $6,000,000.
       (3) The amount provided under section ____ is hereby 
     decreased by $6,000,000.
                                 ______
                                 

                      COVERDELL AMENDMENT NO. 715

  (Ordered to lie on the table.)
  Mr. COVERDELL submitted an amendment intended to be proposed by him 
to the bill, S. 936, supra; as follows:

       In section 103(1), strike out ``$6,048,915,000'' and insert 
     in lieu thereof ``$6,038,915,000''.
       In section 301, add at the end the following:
       (25) Add for contracted flight training services, 
     $10,000,000.
                                 ______
                                 

                        CHAFEE AMENDMENT NO. 716

  (Ordered to lie on the table.)
  Mr. CHAFEE submitted an amendment intended to be proposed by him to 
the bill, S. 936, supra; as follows:

       Beginning on page 93, strike line 12 and all that follows 
     through the end of the matter preceding line 15 on page 95.
                                 ______
                                 

                       DOMENICI AMENDMENT NO. 717

  (Ordered to lie on the table.)
  Mr. DOMENICI submitted an amendment intended to be proposed by him to 
the bill, S. 936, supra; as follows:

       Insert where appropriate:

     SEC.   . LOS ALAMOS LAND TRANSFER.

       (a) The Secretary of Energy on behalf of the federal 
     government shall convey without consideration fee title to 
     government-owned land under the administrative control of the 
     Department of Energy to the Incorporated County of Los 
     Alamos, Los Alamos, New Mexico, or its designee, and to the 
     Secretary of the Interior in trust for the Pueblo of San 
     Ildefonso for purposes of preservation, community self-
     sufficiency or economic diversification in accordance with 
     this section.
       (b) In order to carry out the requirement of subsection (a) 
     the Secretary shall:
       (1) within three months from the date of enactment of this 
     Act, submit to the appropriate committees of Congress a 
     report identifying parcels of land considered suitable for 
     conveyance, taking into account the need to provide lands--
       (A) which are not required to meet the national security 
     missions of the Department of Energy;
       (B) which are likely to be available for transfer within 
     ten years, and;
       (C) which have been identified by the Department, the 
     County of Los Alamos, or the Pueblo of San Ildefonso, as 
     being able to meet the purposes stated in subsection (a).
       (2) within 21 months from the date of enactment of this 
     Act, complete any review required by the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321-4375) 
     with respect to anticipated environmental impact of the 
     conveyance of the parcels of land identified in the report 
     to Congress, and;
       (3) within three months from completion of the review 
     required by paragraph (2) submit to the appropriate 
     committees of Congress an agreement between the Pueblo of San 
     Ildefonso and the County of Los Alamos allocating the parcels 
     of lands identified under paragraph (1); and
       (4) as soon as possible, but no later than nine months 
     after the date of submission of the agreement under paragraph 
     (3), complete the conveyance of all portions of the lands 
     identified in the agreement.
       (c) If the Secretary finds that a parcel of land identified 
     in section (b) continues to be necessary for national 
     security purposes for a limited period of time or that 
     remediation of hazardous substances in accordance with 
     applicable laws has not been completed, and the finding will 
     delay the parcel's conveyance beyond the time limits provided 
     in paragraph (4), the Secretary shall convey title of the 
     parcel upon completion of the remediation or after the parcel 
     is no longer necessary for national security purposes.

     SEC.   . NORTHERN NEW MEXICO EDUCATIONAL FOUNDATION.

       (a) Until June 30, 2003, the Secretary of Energy, to the 
     extent provided in advance in appropriations Act, may make 
     annual payments for the purpose of endowing a private not-
     for-profit educational foundation chartered to enhance the 
     educational enrichment activities in public schools in the 
     area around the Los Alamos National Laboratory. The amounts 
     made available by appropriations for this purpose shall be 
     used solely for the endowment fund corpus. The private not-
     for-profit educational foundation shall invest the endowment 
     fund corpus and use the income generated from such an 
     investment to fund programs designed to support the 
     educational needs of public schools in Northern New Mexico 
     educating children in the area around the Los Alamos National 
     Laboratory.
                                 ______
                                 

                       THURMOND AMENDMENT NO. 718

  Mr. THURMOND proposed an amendment to the bill, S. 936, supra; as 
follows:

       On page 460, line 6, strike out ``$295,886,000'' and insert 
     in lieu thereof ``$331,886,000''.
                                 ______
                                 

                        LEVIN AMENDMENT NO. 719

  Mr. LEVIN proposed an amendment to the bill, S. 936, supra; as 
follows:

       On page 339, line 14, strike out ``the executive branch 
     or''.
       On page 340, between lines 16 and 17, insert the following:
       (d) Disclosures of Classified Information to Congress or 
     the Department of Justice by Contractor Employees.--It is the 
     sense of Congress that the Inspector General of the 
     Department of Defense should continue to exercise the 
     authority provided in section 2409 of title 10, United States 
     Code, regarding reprisals for disclosures of classified 
     information as well as reprisals for disclosures of 
     unclassified information.
                                 ______
                                 

                       THURMOND AMENDMENT NO. 720

  Mr. THURMOND proposed an amendment to the bill, S. 936, supra; as 
follows:

       At the end of title X, add the following:

     SEC.    . PROHIBITION ON PROVISION OF BURIAL BENEFITS TO 
                   INDIVIDUALS CONVICTED OF FEDERAL CAPITAL 
                   OFFENSES.

       Notwithstanding any other provision of law, an individual 
     convicted of a capital offense under Federal law shall not be 
     entitled to the following:
       (1) Interment or inurnment in Arlington National Cemetery, 
     the Soldiers' and Airmen's National Cemetery, any cemetery in 
     the National Cemetery System, or any other cemetery 
     administered by the Secretary of a military department or by 
     the Secretary of Veterans Affairs.
       (2) Any other burial benefit under Federal law.
                                 ______
                                 

                         BYRD AMENDMENT NO. 721

  Mr. LEVIN (for Mr. Byrd) proposed an amendment to the bill, S. 936, 
supra; as follows:

       In section 301(9), strike out ``$1,624,420,000'' and insert 
     in lieu thereof ``$1,631,200.000''.
       In section 301(11), strike out ``$2,991,219,000'' and 
     insert in lieu thereof ``$3,004,282,000''.
       In section 411(a)(5), strike out ``107,377'' and insert in 
     lieu thereof ``108,002''.
       In section 411(a)(6), strike out ``73,431'' and insert in 
     lieu thereof ``73,542''.
       In section 412(5), strike out ``10,616'' and insert in lieu 
     thereof ``10,671''.
       At the end of subtitle B of title IV, add the following:

     SEC. 413. ADDITION TO END STRENGTHS FOR MILITARY TECHNICIANS.

       (a) Air National Guard.--In addition to the number of 
     military technicians for the Air National Guard of the United 
     States as of the last day of fiscal year 1998 for which funds 
     are authorized to be appropriated in this Act, 100 military 
     technicians are authorized for fiscal year 1998 for five Air 
     National Guard C-130 aircraft units.
       (b) Air Force Reserve.--In addition to the number of 
     military technicians for the Air Force Reserve as of the last 
     day of fiscal year 1998 for which funds are authorized to be 
     appropriated in this Act, 21 military technicians are 
     authorized for fiscal year 1998 for three Air Force Reserve 
     C-130 aircraft units.
       On page 108, line 11, reduce the amount by $20,000,000.
                                 ______
                                 

                        ALLARD AMENDMENT NO. 722

  Mr. THURMOND (for Mr. Allard) proposed an amendment to the bill, S. 
936, supra; as follows:

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

     SEC. 28  . MODIFICATION OF LAND CONVEYANCE AUTHORITY, ROCKY 
                   MOUNTAIN ARSENAL, COLORADO.

       Section 5(c)(1) of the Rocky Mountain Arsenal National 
     Wildlife Refuge Act of 1992 (Public Law 102-402; 106 Stat. 
     1966; 16 U.S.C. 668dd note) is amended by striking out the 
     second sentence and inserting in lieu thereof the following 
     new sentence: ``The Administrator shall convey the 
     transferred property to Commerce City, Colorado, upon the 
     approval of the City, for consideration equal to the fair 
     market value of the property (as determined jointly by the 
     Administrator and the City).''.
                                 ______
                                 

                     ROCKEFELLER AMENDMENT NO. 723

  Mr. LEVIN (for Mr. Rockefeller) proposed an amendment to the bill, S. 
936, supra; as follows:


[[Page S6951]]


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

     SEC.   . EYE SAFETY AT SMALL ARMS FIRING RANGES.

       (a) Actions Required.--The Secretary of the Defense shall--
       (1) conduct a study of eye safety at small arms firing 
     ranges of the Armed Forces; and
       (2) develop for the use of the Armed Forces a protocol for 
     reporting eye injuries incurred in small arms firing 
     activities at the ranges.
       (b) Agency Tasking.--The Secretary may delegate authority 
     to carry out the responsibilities set forth in subsection (a) 
     to the United States Army Center for Health Promotion and 
     Preventive Medicine or any other element of the Department of 
     Defense that the Secretary considers well qualified to carry 
     out those responsibilities.
       (c) Content of Study.--The study shall include the 
     following:
       (1) An evaluation of the existing policies, procedures, and 
     practices of the Armed Forces regarding medical surveillance 
     of eye injuries resulting from weapons fire at the small arms 
     ranges.
       (2) An examination of the existing policies, procedures, 
     and practices of the Armed Forces regarding reporting on 
     vision safety issues resulting from weapons fire at the small 
     arms ranges.
       (3) Determination of rates of eye injuries, and trends in 
     eye injuries, resulting from weapons fire at the small arms 
     ranges.
       (4) An evaluation of the costs and benefits of a 
     requirement for use of eye protection devices by all 
     personnel firing small arms at the ranges.
       (d) Report.--The Secretary shall submit a report on the 
     activities required under this section to the Committees on 
     Armed Services and on Veterans' Affairs of the Senate and the 
     Committees on National Security and on Veterans' Affairs of 
     the House of Representatives. The report shall include--
       (1) the findings resulting from the study required under 
     paragraph (1) of subsection (a); and
       (2) the protocol developed under paragraph (2) of such 
     subsection.
       (e) Schedule.--(1) The Secretary shall ensure that the 
     study is commenced not later than October 1, 1997, and is 
     completed within six months after it is commenced.
       (2) The Secretary shall submit the report required under 
     subsection (d) not later than 30 days after the completion of 
     the study.
                                 ______
                                 

                      KEMPTHORNE AMENDMENT NO. 724

  Mr. THURMOND (for Mr. Kempthorne) proposed an amendment to the bill, 
S. 936. Supra; as follows:

       At the end of subtitle C of title VI, add the following:

     SEC. 642. RESERVE AFFILIATION AGREEMENT BONUS FOR THE COAST 
                   GUARD.

       Section 308e of title 37, United States Code, is amended--
       (1) in subsection (a), by striking out ``Secretary of a 
     military department'' in the matter preceding paragraph (1) 
     and inserting in lieu thereof ``Secretary concerned''; and
       (2) by adding at the end the following:
       ``(f) The authority in subsection (a) does not apply to the 
     Secretary of Commerce and the Secretary of Health and Human 
     Services.''.
                                 ______
                                 

                      KEMPTHORNE AMENDMENT NO. 725

  Mr. THURMOND (for Mr. Kempthorne) proposed an amendment to the bill, 
S. 936, supra; as follows:

       At the end of subtitle A of title V, add the following:

     SEC. 505. INCREASED YEARS OF COMMISSIONED SERVICE FOR 
                   MANDATORY RETIREMENT OF REGULAR GENERALS AND 
                   ADMIRALS ABOVE MAJOR GENERAL AND REAR ADMIRAL.

       (a) Years of Service.--Section 636 of title 10, United 
     States Code, is amended--
       (1) by striking out ``Except'' and inserting in lieu 
     thereof ``(a) Major Generals and Rear Admirals Serving in 
     Grade.--Except as provided in subsection (b) or (c) of this 
     section and''; and
       (2) by adding at the end the following:
       ``(b) Lieutenant Generals and Vice Admirals.--In the 
     administration of subsection (a) in the case of an officer 
     who is serving in the grade of lieutenant general or vice 
     admiral, the number of years of active commissioned service 
     applicable to the officer is 38 years.
       ``(c) Generals and Admirals.--In the administration of 
     subsection (a) in the case of an officer who is serving in 
     the grade of general or admiral, the number of years of 
     active commissioned service applicable to the officer is 40 
     years.''.
       (b) Section Heading.--The heading of such section is 
     amended to read as follows:

     ``Sec. 636. Retirement for years of service: regular officers 
       in grades above brigadier general and rear admiral (lower 
       half)''.

       (c) Clerical Amendment.--The item relating to such section 
     in the table of sections at the beginning of subchapter III 
     of chapter 36 of title 10, United States Code, is amended to 
     read as follows:

``636. Retirement for years of service: regular officers in grades 
              above brigadier general and rear admiral (lower half).''.
                                 ______
                                 

                        SHELBY AMENDMENT NO. 726

  Mr. THURMOND (for Mr. Shelby) proposed an amendment to the bill, S. 
936, supra; as follows:

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

     SEC. 2819. LAND CONVEYANCE, ARMY RESERVE CENTER, GREENSBORO, 
                   ALABAMA.

       (a) Conveyance Authorized.--The Secretary of the Army may 
     convey, without consideration, to Hale County, Alabama, all 
     right, title, and interest of the United States in and to a 
     parcel of real property consisting of approximately 5.17 
     acres and located at the Army Reserve Center, Greensboro, 
     Alabama, that was conveyed by Hale County, Alabama, to the 
     United States by warranty deed dated September 12, 1988.
       (b) Description of Property.--The exact acreage and legal 
     description of the property conveyed under subsection (a) 
     shall be as described in the deed referred to in that 
     subsection.
       (c) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under this section as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                 ______
                                 

                       CAMPBELL AMENDMENT NO. 727

  Mr. THURMOND (for Mr. Campbell) proposed an amendment to the bill, S. 
936, supra; as follows:

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

     SEC.   . NATIONAL POW/MIA RECOGNITION DAY.

       (a) Findings.--Congress makes the following findings:
       (1) The United States has fought in many wars, and 
     thousands of Americans who served in those wars were captured 
     by the enemy or listed as missing in action.
       (2) Many of these Americans are still missing and 
     unaccounted for, and the uncertainty surrounding their fates 
     has caused their families to suffer tragic and continuing 
     hardships.
       (3) As a symbol of the Nation's concern and commitment to 
     accounting as fully as possible for all Americans still held 
     prisoner, missing, or unaccounted for by reason of their 
     service in the Armed Forces and to honor the Americans who in 
     future wars may be captured or listed as missing or 
     unaccounted for, Congress has officially recognized the 
     National League of Families POW/MIA flag.
       (4) The American people observe and honor with appropriate 
     ceremony and activity the third Friday of September each year 
     as National POW/MIA Recognition Day.
       (b) Display of POW/MIA Flag--The POW/MIA flag shall be 
     displayed on Armed Forces Day, Memorial Day, Flag Day, 
     Independence Day, Veterans Day, National POW/MIA Recognition 
     Day, and on the last business day before each of the 
     preceding holidays, on the grounds or in the public lobbies 
     of--
       (1) major military installations (as designated by the 
     Secretary of Defense);
       (2) Federal national cemeteries;
       (3) the National Korean War Veterans Memorial;
       (4) the National Vietnam Veterans Memorial;
       (5) the White House;
       (6) the official office of the--
       (A) Secretary of State;
       (B) Secretary of Defense;
       (C) Secretary of Veterans Affairs; and
       (D) Director of the Selective Service System; and
       (7) United States Postal Service post offices.
       (c) POW/MIA Flag Defined.--In this section, the term ``POW/
     MIA flag'' means the National League of Families POW/MIA flag 
     recognized and designated by section 2 of Public Law 101-355 
     (104 Stat. 416).
       (d) Regulations.--Not later than 180 days after the date of 
     enactment of this Act, the agency or department responsible 
     for a location listed in subsection (b) shall prescribe any 
     regulation necessary to carry out this section.
       (e) Repeal of Provision Relating to Display of POW/MIA 
     Flag.--Section 1084 of the National Defense Authorization Act 
     for Fiscal years 1992 and 1993 (36 U.S.C. 189 note, Public 
     Law 102-190) is repealed.
                                 ______
                                 

                        McCAIN AMENDMENT NO. 728

  Mr. THURMOND (for Mr. McCain) proposed an amendment to the bill, S. 
936, supra; as follows:

       Insert after title XI, the following new title:
   TITLE XII--FEDERAL CHARTER FOR THE AIR FORCE SERGEANTS ASSOCIATION

     SEC. 1201. RECOGNITION AND GRANT OF FEDERAL CHARTER.

       The Air Force Sergeants Association, a nonprofit 
     corporation organized under the laws of the District of 
     Columbia, is recognized as such and granted a Federal 
     charter.

     SEC. 1202. POWERS.

       The Air Force Sergeants Association (in this title referred 
     to as the ``association'') shall have only those powers 
     granted to it through its bylaws and articles of 
     incorporation filed in the District of Columbia and subject 
     to the laws of the District of Columbia.

     SEC. 1203. PURPOSES.

       The purposes of the association are those provided in its 
     bylaws and articles of incorporation and shall include the 
     following:

[[Page S6952]]

       (1) To help maintain a highly dedicated and professional 
     corps of enlisted personnel within the United States Air 
     Force, including the United States Air Force Reserve, and the 
     Air National Guard.
       (2) To support fair and equitable legislation and 
     Department of the Air Force policies and to influence by 
     lawful means departmental plans, programs, policies, and 
     legislative proposals that affect enlisted personnel of the 
     Regular Air Force, the Air Force Reserve, and the Air 
     National Guard, its retirees, and other veterans of enlisted 
     service in the Air Force.
       (3) To actively publicize the roles of enlisted personnel 
     in the United States Air Force.
       (4) To participate in civil and military activities, youth 
     programs, and fundraising campaigns that benefit the United 
     States Air Force.
       (5) To provide for the mutual welfare of members of the 
     association and their families.
       (6) To assist in recruiting for the United States Air 
     Force.
       (7) To assemble together for social activities.
       (8) To maintain an adequate Air Force for our beloved 
     country.
       (9) To foster among the members of the association a 
     devotion to fellow airmen.
       (10) To serve the United States and the United States Air 
     Force loyally, and to do all else necessary to uphold and 
     defend the Constitution of the United States.

     SEC. 1204. SERVICE OF PROCESS.

       With respect to service of process, the association shall 
     comply with the laws of the District of Columbia and those 
     States in which it carries on its activities in furtherance 
     of its corporate purposes.

     SEC. 1205. MEMBERSHIP.

       Except as provided in section 1208(g), eligibility for 
     membership in the association and the rights and privileges 
     of members shall be as provided in the bylaws and articles of 
     incorporation of the association.

     SEC. 1206. BOARD OF DIRECTORS.

       Except as provided in section 1208(g), the composition of 
     the board of directors of the association and the 
     responsibilities of the board shall be as provided in the 
     bylaws and articles of incorporation of the association and 
     in conformity with the laws of the District of Columbia.

     SEC. 1207. OFFICERS.

       Except as provided in section 1208(g), the positions of 
     officers of the association and the election of members to 
     such positions shall be as provided in the bylaws and 
     articles of incorporation of the association and in 
     conformity with the laws of the District of Columbia.

     SEC. 1208. RESTRICTIONS.

       (a) Income and Compensation.--No part of the income or 
     assets of the association may inure to the benefit of any 
     member, officer, or director of the association or be 
     distributed to any such individual during the life of this 
     charter. Nothing in this subsection may be construed to 
     prevent the payment of reasonable compensation to the 
     officers and employees of the association or reimbursement 
     for actual and necessary expenses in amounts approved by the 
     board of directors.
       (b) Loans.--The association may not make any loan to any 
     member, officer, director, or employee of the association.
       (c) Issuance of Stock and Payment of Dividends.--The 
     association may not issue any shares of stock or declare or 
     pay any dividends.
       (d) Disclaimer of Congressional or Federal Approval.--The 
     association may not claim the approval of the Congress or the 
     authorization of the Federal Government for any of its 
     activities by virtue of this title.
       (e) Corporate Status.--The association shall maintain its 
     status as a corporation organized and incorporated under the 
     laws of the District of Columbia.
       (f) Corporate Function.--The association shall function as 
     an educational, patriotic, civic, historical, and research 
     organization under the laws of the District of Columbia.
       (g) Nondiscrimination.--In establishing the conditions of 
     membership in the association and in determining the 
     requirements for serving on the board of directors or as an 
     officer of the association, the association may not 
     discriminate on the basis of race, color, religion, sex, 
     handicap, age, or national origin.

     SEC. 1209. LIABILITY.

       The association shall be liable for the acts of its 
     officers, directors, employees, and agents whenever such 
     individuals act within the scope of their authority.

     SEC. 1210. MAINTENANCE AND INSPECTION OF BOOKS AND RECORDS.

       (a) Books and Records of Account.--The association shall 
     keep correct and complete books and records of account and 
     minutes of any proceeding of the association involving any of 
     its members, the board of directors, or any committee having 
     authority under the board of directors.
       (b) Names and Addresses of Members.--The association shall 
     keep at its principal office a record of the names and 
     addresses of all members having the right to vote in any 
     proceeding of the association.
       (c) Right to Inspect Books and Records.--All books and 
     records of the association may be inspected by any member 
     having the right to vote in any proceeding of the 
     association, or by any agent or attorney of such member, for 
     any proper purpose at any reasonable time.
       (d) Application of State Law.--This section may not be 
     construed to contravene any applicable State law.

     SEC. 1211. AUDIT OF FINANCIAL TRANSACTIONS.

       The first section of the Act entitled ``An Act to provide 
     for audit of accounts of private corporations established 
     under Federal law'', approved August 30, 1964 (36 U.S.C. 
     1101), is amended--
       (1) by redesignating the paragraph (77) added by section 
     1811 of Public Law 104-201 (110 Stat. 2762) as paragraph 
     (78); and
       (2) by adding at the end the following:
       ``(79) Air Force Sergeants Association.''.

     SEC. 1212. ANNUAL REPORT.

       The association shall annually submit to Congress a report 
     concerning the activities of the association during the 
     preceding fiscal year. The annual report shall be submitted 
     on the same date as the report of the audit required by 
     reason of the amendment made in section 1211. The annual 
     report shall not be printed as a public document.

     SEC. 1213. RESERVATION OF RIGHT TO ALTER, AMEND, OR REPEAL 
                   CHARTER.

       The right to alter, amend, or repeal this title is 
     expressly reserved to Congress.

     SEC. 1214. TAX-EXEMPT STATUS REQUIRED AS CONDITION OF 
                   CHARTER.

       If the association fails to maintain its status as an 
     organization exempt from taxation as provided in the Internal 
     Revenue Code of 1986 the charter granted in this title shall 
     terminate.

     SEC. 1215. TERMINATION.

       The charter granted in this title shall expire if the 
     association fails to comply with any of the provisions of 
     this title.

     SEC. 1216. DEFINITION OF STATE.

       For purposes of this title, the term ``State'' includes the 
     District of Columbia, the Commonwealth of Puerto Rico, the 
     Commonwealth of the Northern Mariana Islands, and the 
     territories and possessions of the United States.
                                 ______
                                 

                      COVERDELL AMENDMENT NO. 729

  (Ordered to lie on the table.)
  Mr. COVERDELL submitted an amendment intended to be proposed by him 
to the bill, S. 936, supra; as follows:

       On page 276, line 19, insert ``, with the concurrence of 
     the Secretary of State,'' after ``Secretary of Defense may''.
       On page 278, line 20, strike out ``paragraph (2)'' and 
     insert in lieu thereof ``paragraph (3)''.
       On page 280, line 24, strike out ``(2)'', and insert in 
     lieu thereof the following:
       ``(2) The Secretary may not obligate or expend funds to 
     provide a government with support under this section until 
     the Secretary of Defense, in coordination with the heads of 
     other Federal agencies involved in international counter-drug 
     activities, has developed a riverine counter-drug plan and 
     submitted the plan to the committees referred to in paragraph 
     (3). The plan shall set forth a riverine counter-drug program 
     that can be sustained by the supported governments within 
     five years, a schedule for establishing the program, and a 
     detailed discussion of how the riverine counter-drug program 
     supports national drug control strategy of the United States.
       ``(3)''.

                          ____________________