[Congressional Record Volume 143, Number 97 (Thursday, July 10, 1997)]
[Senate]
[Pages S7219-S7221]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

    THE DEPARTMENT OF DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1998

                                 ______
                                 

                        COATS AMENDMENT NO. 789

  (Ordered to lie on the table.)
  Mr. COATS submitted an amendment intended to be proposed by him 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:

       Beginning with line 3, strike out all through the end of 
     the amendment and insert in lieu thereof the following:
       (a) Limitations.--(1) Of the funds authorized to be 
     appropriated under section 201(3) for engineering 
     manufacturing and development under the F-22 aircraft 
     program, not more than $1,651,000,000 may be obligated before 
     the Secretary of Defense submits the two analyses required 
     under subsection (b).
       (2) So much of the funds referred to in subsection (a) that 
     exceed $1,651,000,000 may be obligated (after compliance with 
     the requirements of subsection (b)) only in accordance with 
     subsection (c).
       (b) Analyses Required.--The Secretary of Defense shall 
     submit to the congressional defense committees two analyses 
     by the Cost Analysis Improvement Group of the Office of the 
     Secretary, as follows:
       (1) An analysis of the extent to which joint Air Force and 
     contractor cost reduction initiatives for the F-22 aircraft 
     program alter the analysis of costs of the program that has 
     been previously prepared by that group.
       (2) An analysis of the likelihood that the joint 
     initiatives referred to in paragraph (1) will result in 
     production improvements sufficient to produce the F-22 
     aircraft at a unit flyaway price of not more than 
     $72,000,000.
       (c) Incremental Release of Funds Upon Completion of 
     Phases.--(1) When a phase described in paragraph (2) has been 
     successfully completed, the Under Secretary of Defense for 
     Acquisition and Technology shall submit a certification of 
     the successful completion of the phase to the congressional 
     defense committees. After the certification is submitted, 
     one-third of the amount that is subject to the limitation in 
     subsection (a)(2) may be obligated for the F-22 aircraft 
     program.
       (2) For purposes of paragraph (1), the phases are as 
     follows:
       (A) Phase I, which shall consist of validation of the 
     following by use of engine test data and aircraft design 
     analysis:
       (i) Combat radius, subsonic, supersonic, and subsonic 
     mission radius.
       (ii) Maneuverability at 0.9 mach at 30,000 feet altitude.
       (iii) Supercruise capability at Vmax, optimal altitude at 
     military power.
       (iv) Acceleration from 0.8 mach to 1.5 mach at 30,000 feet 
     altitude.
       (B) Phase II, which shall consist of the following:
       (i) Completion of the final review of production readiness.
       (ii) Final production plans and production automation 
     systems in place.
       (iii) Establishment of policies and procedures for analysis 
     of the factory industrial modernization improvement plan.
       (C) Phase III, which shall consist of completion of 
     validation and demonstration of engine full flight release.
                                 ______
                                 

                       THURMOND AMENDMENT NO. 790

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

       Beginning with line 3, strike out all through the end of 
     the amendment and insert in lieu thereof the following:
       (a) Limitations.--(1) Of the funds authorized to be 
     appropriated under section 201(3) for engineering, 
     manufacturing and development under the F-22 aircraft 
     program, not more than $1,651,000,000 may be obligated before 
     the Secretary of Defense submits the two analyses required 
     under subsection (b).
       (2) So much of the funds referred to in subsection (a) that 
     exceed $1,651,000,000 may be obligated (after compliance with 
     the requirements of subsection (b)) only in accordance with 
     subsection (c).
       (b) Analyses Required.--The Secretary of Defense shall 
     submit to the congressional defense committees two analyses 
     by the Cost Analysis Improvement Group of the Office of the 
     Secretary, as follows:
       (1) An analysis of the extent to which joint Air Force and 
     contractor cost reduction initiatives for the F-22 aircraft 
     program alter the analysis of costs of the program that has 
     been previously prepared by that group.
       (2) An analysis of the likelihood that the joint 
     initiatives referred to in paragraph (1) will result in 
     production improvements sufficient to produce the F-22 
     aircraft at a unit flyaway price of not more than 
     $72,000,000.
       (e) Incremental Release of Funds Upon Completion of 
     Phases.--(1) When a phase described in paragraph (2) has been 
     successfully completed, the Under Secretary of Defense for 
     Acquisition and Technology shall submit a certification of 
     the successful completion of the phase to the congressional 
     defense committees. After the certification is submitted, 
     one-third of the amount that is subject to the limitation in 
     subsection (a)(2) may be obligated for the F-22 aircraft 
     program.
       (2) For purposes of paragraph (1), the phases are as 
     follows:
       (A) Phase I, which shall consist of validation of the 
     following by use of engine test data and aircraft design 
     analysis:
       (i) Combat radius, subsonic, supersonic, and subsonic 
     mission radius.
       (ii) Maneuverability at 0.9 mach at 30,000 feet altitude.
       (iii) Supercruise capability at Vmax, optimal altitude at 
     military power.
       (iv) Acceleration from 0.8 mach to 1.5 mach at 30,000 feet 
     altitude.
       (B) Phase II, which shall consist of the following:
       (i) Completion of the final review of production readiness.
       (ii) Final production plans and production automation 
     systems in place.
       (iii) Establishment of policies and procedures for analysis 
     of the factory industrial modernization improvement plan.
       (C) Phase III, which shall consist of completion of 
     validation and demonstration of engine full flight release.
                                 ______
                                 

                    CLELAND AMENDMENTS NOS. 791-792

  (Ordered to lie on the table.)
  Mr. CLELAND submitted two amendments intended to be proposed by him 
to amendment No. 715 proposed by Mr. Coverdell to the bill, S. 936, 
supra; as follows:

                           Amendment No. 791

       Strike out lines 3 and 4 and insert in lieu thereof the 
     following:

     SEC. 310A. CONTRACTED TRAINING FLIGHT SERVICES.

       Of the amount authorized to be appropriated under section 
     301(4), $12,000,000 may be used for contracted training 
     flight services.
                                                                    ____


                           Amendment No. 792

       Strike out lines 1 and 2.
                                 ______
                                 

               CLELAND (AND COVERDELL) AMENDMENT NO. 793

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

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

     SEC. 369. CONTRACTED TRAINING FLIGHT SERVICES.

       Of the amount authorized to be appropriated under section 
     301(4), $12,000,000 may be used for contracted training 
     flight services.
                                 ______
                                 

                        GRAMM AMENDMENT NO. 794

  (Ordered to lie on the table.)
  Mr. GRAMM proposed an amendment to amendment No. 779 proposed by Mr. 
Levin to the bill, S. 936, supra; as follows:

       Strike all in amendment No. 778 and insert in lieu thereof 
     the following:
       ``The Department of Defense and Federal Prison Industries 
     shall conduct jointly a study of existing procurement 
     procedure regulations, and statutes which now govern 
     procurement transactions between the Department of Defense 
     and Federal Prison Industries.
       ``A report describing the findings of the study and 
     containing recommendations on the means to improve the 
     efficiency and reduce the cost of such transactions shall be 
     submitted to the U.S. Senate Committee on Armed Services no 
     later than 180 days after the date of enactment of this 
     act.''
                                 ______
                                 

                 CONRAD (AND OTHERS) AMENDMENT NO. 795

  Mr. CONRAD (for himself, Mr. Dorgan, Mr. Wellstone, Mr. Johnson, and

[[Page S7220]]

Mr. Daschle) proposed an amendment 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.
                                 ______
                                 

                  DODD (AND OTHERS) AMENDMENT NO. 796

  (Ordered to lie on the table.)
  Mr. DODD (for himself, Mr. Breaux, and Mr. Torricelli) 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. REDRESS FOR THE OCCUPATION OF INSTALLATIONS IN 
                   BERMUDA BY THE ARMED FORCES.

       (a) Findings.--Congress makes the following findings:
       (1) The Armed Forces of the United States occupied 
     approximately one-tenth of the land in Bermuda for more than 
     50 years.
       (2) The presence of the Armed Forces in Bermuda contributed 
     to the national security of the United States during World 
     War II and through the Cold War.
       (3) The Armed Forces occupied installations in Bermuda 
     under the 1941 Leased Bases Agreement which specified that 
     the United States not make rental payments for the use of the 
     installations.
       (4) On September 1, 1995, the Armed Forces relinquished 
     control of the installations in Bermuda that were occupied by 
     the Armed Forces under that agreement.
       (5) Both before and after the withdrawal of the Armed 
     Forces from Bermuda, Bermuda authorities identified a number 
     of problems associated with the occupation of installations 
     in Bermuda by the Armed Forces, including the presence of 
     asbestos at such installations, the presence of soil and 
     groundwater pollution associated with the disposal of 
     industrial waste and sewage, the presence of fuel, storage 
     tanks, and pipelines, and the presence of other hazardous 
     materials.
       (b) Review of Effects of Occupation.--Not later than 60 
     days after the date of enactment of this Act, the Secretary 
     of Defense shall submit to Congress a report on the problems 
     associated with--
       (1) the occupation of military installations in Bermuda by 
     the Armed Forces of the United States; and
       (2) the withdrawal of the Armed Forces from such 
     installations in 1995.
       (c) Authority To Provide Humanitarian or Civic 
     Assistance.--The Secretary may, at the direction of the 
     President in cooperation with the Bermuda authorities, 
     provide humanitarian or civic assistance to Bermuda under 
     section 401 of title 10, United States Code, or provide 
     humanitarian assistance to Bermuda under section 2551 of such 
     title, in order to redress the damage to public facilities in 
     Bermuda that resulted from the occupation of such facilities 
     by the Armed Forces of the United States.
                                 ______
                                 

                       THURMOND AMENDMENT NO. 797

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

       Beginning on page 2, strike out line 11 and all that 
     follows through ``(d)'' on page 4, line 12, and insert in 
     lieu thereof the following:
     Senate. Subject to subsection (b), the appointment shall be 
     made from among officers of the regular Army or officers of 
     the regular Air Force.
       ``(b) Rotation of Office.--An officer of the Army may be 
     succeeded as Senior Representative of the National Guard 
     Bureau only by an officer of the Air Force, and an officer of 
     the Air Force may be succeeded as Senior Representative of 
     the National Guard Bureau only by an officer of the Army. An 
     officer may not be reappointed to a consecutive term as 
     Senior Representative of the National Guard Bureau.
       ``(c) Term of Office.--An officer appointed as Senior 
     Representative of the National Guard Bureau serves at the 
     pleasure of the President for a term of four years.
       ``(d) Grade.--The Senior Representative of the National 
     Guard Bureau shall be appointed to serve in the grade of 
     general and shall not be counted for the purposes of the 
     limitations in sections 525 and 526 of this title.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following:

``10509. Senior Representative of the National Guard Bureau.''.

       (b) Adjustment of Responsibilities of Chief of the National 
     Guard Bureau.--(1) Section 10502(c) of title 10, United 
     States Code, is amended by inserting ``, and to the Senior 
     Representative of the National Guard Bureau,'' after ``Chief 
     of Staff of the Air Force,''.
       (2) Section 10504(a) of such title is amended in the second 
     sentence by inserting ``, and in consultation with the Senior 
     Representative of the National Guard Bureau,'' after 
     ``Secretary of the Air Force''.
       (c)
                                 ______
                                 

                       THURMOND AMENDMENT NO. 798

  (Ordered to lie on the table.)
  Mr. THURMOND submitted an amendment intended to be proposed by him to 
amendment No. 764 proposed by Mr. Stevens to the bill, S. 936, supra; 
as follows:

       Beginning on page 2, strike out line 11 and all that 
     follows through page 3, line 19, and insert in lieu thereof 
     the following:
     Senate. Subject to subsection (b), the appointment shall be 
     made from among officers of the regular Army or officers of 
     the regular Air Force.
       ``(b) Rotation of Office.--An officer of the Army may be 
     succeeded as Senior Representative of the National Guard 
     Bureau only by an officer of the Air Force, and an officer of 
     the Air Force may be succeeded as Senior Representative of 
     the National Guard Bureau only by an officer of the Army. An 
     officer may not be reappointed to a consecutive term as 
     Senior Representative of the National Guard Bureau.
       ``(c) Term of Office.--An officer appointed as Senior 
     Representative of the National Guard Bureau serves at the 
     pleasure of the President for a term of four years.
       ``(d) Grade.--The Senior Representative of the National 
     Guard Bureau shall be appointed to serve in the grade of 
     general and shall not be counted for the purposes of the 
     limitations in sections 525 and 526 of this title.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following:

``10509. Senior Representative of the National Guard Bureau.''.

       (b) Member of Joint Chiefs of Staff.--Section 151(a) of 
     title 10, United States Code, is amended by adding at the end 
     the following:
       ``(7) The Senior Representative of the National Guard 
     Bureau.''.
       (c) Adjustment of Responsibilities of Chief of the National 
     Guard Bureau.--(1) Section 10502 of title 10, United States 
     Code, is amended by inserting ``, and to the Senior 
     Representative of the National Guard Bureau,'' after ``Chief 
     of Staff of the Air Force,''.
       (2) Section 10504(a) of such title is amended in the second 
     sentence by inserting ``, and in consultation with the Senior 
     Representative of the National Guard Bureau,'' after 
     ``Secretary of the Air Force''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 1998.
                                 ______
                                 

                BINGAMAN (AND DORGAN) AMENDMENT NO. 799

  Mr. BINGAMAN (for himself and Mr. Dorgan) proposed an amendment to 
the bill, S. 936, supra; as follows:

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

     SEC. 1009. INCREASED AMOUNTS FOR AIR FORCE AND NAVY FLYING 
                   HOURS.

       (a) Increase.--Notwithstanding any other provision of this 
     Act, the amount authorized to be appropriated under section 
     301(2) is hereby increased by $59,000,000, and the amount 
     authorized under section 301(4) is hereby increased by 
     $59,000,000.
       (b) Decrease.--Notwithstanding any other provision of this 
     Act, the total amount authorized to be appropriated under 
     section 201(4) is hereby decreased by $118,000,000.
                                 ______
                                 

                  KERRY (AND OTHERS) AMENDMENT NO. 800

  Mr. KERRY (for himself, Mr. McCain, Mr. Kerrey, Mr. Robb, Mr. Hagel, 
Mr. Cleland, Mr. Biden, Mr. Helms, and Mrs. Feinstein) proposed an 
amendment to the bill S. 936, supra; as follows:


[[Page S7221]]


       At the appropriate place in the bill, add the following new 
     section:
       Sec.    . (a) Findings.--The Congress finds that--
       (1) during the 1970s and 1980s Cambodia was wracked by 
     political conflict, war and violence, including genocide 
     perpetrated by the Khmer Rouge from 1975 to 1979;
       (2) the 1991 Paris Agreements on a Comprehensive Political 
     Settlement of the Cambodia Conflict set the stage for a 
     process of political accommodation and national 
     reconciliation among Cambodia's warring parties;
       (3) the international community engaged in a massive, more 
     than $2 billion effort to ensure peace, democracy and 
     prosperity in Cambodia following the Paris Accords;
       (4) the Cambodian people clearly demonstrated their support 
     for democracy when 90 percent of eligible Cambodian voters 
     participated in UN-sponsored elections in 1993;
       (5) since the 1993 elections, Cambodia has made economic 
     progress, as evidenced by the decision last month of the 
     Association of Southeast Asian Nations to extend membership 
     to Cambodia;
       (6) tensions within the ruling Cambodian coalition have 
     erupted into violence in recent months as both parties 
     solicit support from former Khmer Rouge elements, which had 
     been increasingly marginalized in Cambodian politics;
       (7) in March, 19 Cambodians were killed and more than 100 
     were wounded in a grenade attack on political demonstrators 
     supportive of the Funcinpec and the Khmer Nation Party;
       (8) during June fighting erupted in Phnom Penh between 
     forces loyal to First Prime Minister Prince Ranariddh and 
     second Prime Minister Hun Sen;
       (9) on July 5, Second Prime Minister Hun Sen deposed the 
     First Prime Minister in a violent coup d'etat;
       (10) forces loyal to Hun Sen have executed former Interior 
     Minister Ho Sok, and targeted other political opponents loyal 
     to Prince Ranariddh;
       (11) democracy and stability in Cambodia are threatened by 
     the continued use of violence to resolve political tensions;
       (12) the Administration has suspended assistance for one 
     month in response to the deteriorating situation in Cambodia;
       (13) the Association of Southeast Asian Nations has decided 
     to delay indefinitely Cambodian membership.
       (b) Sense of Congress--It is the sense of Congress that--
       (1) the parties should immediately cease the use of 
     violence in Cambodia;
       (2) the United States should take all necessary steps to 
     ensure the safety of American citizens in Cambodia;
       (3) the United States should call an emergency meeting of 
     the United Nations Security Council to consider all options 
     to restore peace in Cambodia;
       (4) the United States and ASEAN should work together to 
     take immediate steps to restore democracy and the rule of law 
     in Cambodia;
       (5) U.S. assistance to the government of Cambodia should 
     remain suspended until violence ends, the democratically 
     elected government is restored to power, and the necessary 
     steps have been taken to ensure that the elections scheduled 
     for 1998 take place;
       (6) the United States should take all necessary steps to 
     encourage other donor nations to suspend assistance as part 
     of a multilateral effort
                                 ______
                                 

                 COATS (AND OTHERS)-- AMENDMENT NO. 801

  (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) met July 
     8 and 9, 1997, in Madrid, Spain, and issued invitations to 
     the Czech Republic, Hungary, and Poland 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 United States has ensured that the process of 
     enlarging NATO will continue after the first round of 
     invitations were issued this July.
       (4) Romania and Slovenia are to be commended for their 
     progress toward political and economic reform and their 
     meeting the guidelines for prospective NATO membership.
       (5) In furthering NATO's purpose and objective of promoting 
     stability and well-being in the North Atlantic area, NATO 
     should invite Romania, Slovenia, and any other democratic 
     states of Central and Eastern Europe to accession 
     negotiations to become NATO members as expeditiously as 
     possible upon their satisfaction of all relevant membership 
     criteria.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that NATO should be commended for having committed to review 
     the enlargement process at its next summit in 1999 and for 
     singling out the positive developments in Romania and 
     Slovenia toward democracy and the rule of law.
                                 ______
                                 

                  LEVIN (AND OTHERS) AMENDMENT NO. 802

  Mr. LEVIN (for himself, Mr. Reed, and Mr. McCain) proposed an 
amendment to amendment No. 759 proposed by Mr. Feingold to the bill, S. 
936, supra; as follows:

       Strike out the section heading and all that follows and 
     insert in lieu thereof the following:

     SEC. 1075. SENSE OF CONGRESS REGARDING A FOLLOW-ON FORCE FOR 
                   BOSNIA AND HERZEGOVINA.

       It is the sense of Congress that--
       (1) United States ground combat forces should not 
     participate in a follow-on force in Bosnia and Herzegovina 
     after June 1998;
       (2) the European Security and Defense Identity, which, as 
     facilitated by the Combined Joint Task Forces concept, 
     enables the Western European Union, with the consent of the 
     North Atlantic Alliance, to assume political control and 
     strategic direction of NATO assets made available by the 
     Alliance, is an ideal instrument for a follow-on force for 
     Bosnia and Herzegovina;
       (3) if the European Security and Defense Identity is not 
     sufficiently developed or is otherwise deemed inappropriate 
     for such a mission, a NATO-led force without the 
     participation of United States ground combat forces in 
     Bosnia, may be suitable for a follow-on force for Bosnia and 
     Herzegovina;
       (4) the United States may decide to appropriately provide 
     support to a Western European Union-led or NATO-led follow-on 
     force, including command and control, intelligence, 
     logistics, and, if necessary, a ready reserve force in a 
     neighboring country; and
       (5) the President should inform our European NATO allies of 
     this expression of the sense of Congress and should strongly 
     urge them to undertake preparations for a Western European 
     Union-led or NATO-led force as a follow-on force to the NATO-
     led Stabilization Force if needed to maintain peace and 
     stability in Bosnia and Herzegovina.

                          ____________________