[Congressional Record Volume 143, Number 99 (Monday, July 14, 1997)]
[Senate]
[Pages S7424-S7426]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

   THE DEPARTMENT OF DEFENSE APPROPRIATIONS ACT FOR FISCAL YEAR 1998

                                 ______
                                 

                       STEVENS AMENDMENT NO. 837

  Mr. STEVENS proposed an amendment to the bill (S. 1005) making 
appropriations for the Department of Defense for the fiscal year ending 
September 30, 1998, and for other purposes; as follows:

       On page 30, line number 5, strike the number 
     ``$2,431,741,000'' and insert in lieu thereof 
     ``$2,411,741,000'';
       On page 28, line number 9, strike the number 
     ``$2,865,800,000'' and insert in lieu thereof 
     ``$2,832,800,000'';
       On page 20, line number 12, strike the number 
     ``$322,200,000'' and insert in lieu thereof ``382,200,000''.
                                 ______
                                 

                HUTCHISON (AND WARNER) AMENDMENT NO. 838

  (Ordered to lie on the table.)
  Mrs. HUTCHISON (for herself and Mr. Warner) submitted an amendment 
intended to be proposed by them to the bill, S. 1005, supra; as 
follows:

       At the appropriate point, add the following (and conform 
     the table of contents accordingly:)

     SEC.   . SENSE OF CONGRESS REGARDING MISSION CREEP IN BOSNIA.

       (a) Findings.--Congress finds the following:
       (1) NATO forces have begun various military operations in 
     Bosnia aimed at capturing other alleged war criminals, 
     including the capture of a Bosnia Serb police chief in 
     northwest Bosnia. In this altercation, at least one British 
     soldier was injured.
       (2) On July 3, State Department spokesman Nicholas Burns 
     stated that a Bosnian Serb television report that NATO 
     peacekeepers had been ordered to arrest Radovan Karadzic and 
     Ratko Mladic on sight was ``absolutely and unequivocally 
     false.''
       (3) In support of that position, the Supreme Allied 
     Commander in Europe, General George Joulwan, reaffirmed on 
     Monday, July 7, that ``the principal responsibility for 
     [apprehending war criminals] lies with the (Bosnian) parties 
     themselves.''
       (4) On March 18, 1997, General Joulwan testified before the 
     Senate Armed Service Committee that ``the military are not 
     policemen. And I think, again, the proper responsibility 
     rests on the parties. That is what Dayton says . . . [I]f we 
     are not careful we will go down this slippery slope where the 
     military will be put into hunting down war criminals. That is 
     not within my mandate.''
       (5) On July 9, 1997, the prospective Supreme Allied 
     Commander in Europe, General Wesley Clark, during his 
     confirmation hearings before the Senate Armed Services 
     Committee, acknowledged his understanding of his 
     predecessor's mandate and affirmed his intention to execute 
     the policy in the same way as General Joulwan has.
       (6) On November 17, 1996, the Secretary of Defense stated 
     in response to a specific question regarding the apprehension 
     of war criminals in Bosnia that ``the mission [in Bosnia] is 
     to provide a secure environment so that all of the other 
     civil functions can go on . . . It is not to perform 
     [apprehension] functions.''
       (7) On December 18, 1996, the Secretary of Defense 
     reaffirmed that the apprehension of war criminals ``was not 
     an IFOR mission, [and] it will not be an SFOR mission . . . 
     [L]ocating and arresting the criminals is a mission for a 
     police force.''
       (8) On March 3, 1997, the Secretary of Defense stated that 
     ``[t]he apprehension of war criminals is not a part of the 
     mission . . . It is a police function . . . it is not a 
     military-type mission.''
       (9) An expansion of the U.S. mission in Somalia (that 
     expansion being an element of ``nation-building'') 
     specifically being the

[[Page S7425]]

     mandate to hunt down and arrest specific individual(s), 
     resulted in the deaths of 18 U.S. Special Forces in October 
     1993 and precipitated the subsequent withdrawal of all 
     American forces without the primary mission having been 
     accomplished.
       (10) A change in U.S. and NATO policy regarding alleged war 
     criminals in Bosnia could expose U.S. and NATO troops to 
     direct combat action and ultimately jeopardize the 
     peacekeeping progress, to date, of U.S. and NATO forces in 
     Bosnia and could allow the situation to deteriorate to the 
     conditions that existed before the NATO IFOR/SFOR mission was 
     established.
       (b) Sense of Congress.--It is the sense of Congress that 
     U.S. policy in Bosnia, as that relates to the use of our 
     forces as a part of the NATO force, should not be changed to 
     include a NATO military mission to hunt down and arrest 
     alleged war criminals and that there should be no change to 
     U.S. or NATO policy regarding alleged war criminals until the 
     Congress has had the opportunity to review any proposed 
     change in policy and authorize the expenditure of funds for 
     this mission.
                                 ______
                                 

                       MIKULSKI AMENDMENT NO. 839

  Mr. INOUYE (for Ms. Mikulski) proposed an amendment to the bill, S. 
1005, supra; as follows:

       On page 29, line 15, strike out ``$6,375,947,000'' and 
     insert in lieu thereof ``$6,390,847,000''.
       On page 33, line 16, strike out ``$14,142,873,000'' and 
     insert in lieu thereof ``$14,127,873,000''.
                                 ______
                                 

                         DODD AMENDMENT NO. 840

  Mr. INOUYE (for Mr. Dodd) proposed an amendment to the bill, S. 1005, 
supra; as follows:

       On page 32, line 25, after ``1999'' insert the following: 
     ``: Provided, That, of the amount appropriated under this 
     heading, $4,500,000 is available for a joint Department of 
     Defense-Department of Veterans Affairs 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''.
                                 ______
                                 

                       KENNEDY AMENDMENT NO. 841

  Mr. INOUYE (for Mr. Kennedy) proposed an amendment to the bill, S. 
1005, supra; as follows:

       On page 34, before the period on line 3, add the following: 
     ``: Provided, That of the funds appropriated under this 
     heading, $5,000,000 shall be available for a facial 
     recognition technology program''.
                                 ______
                                 

                 SNOWE (AND COLLINS) AMENDMENT NO. 842

  Mr. STEVENS (for Ms. Snowe, for herself and Ms. Collins) proposed an 
amendment to the bill, S. 1005, supra; as follows:

       On page 34, line 3, at the appropriate place insert the 
     following: ``: Provided, That, $2,000,000 shall be made 
     available only for a joint service core research project to 
     develop a prototype hybrid integrated sensor array for 
     chemical and biological point detection.''
                                 ______
                                 

                       SESSIONS AMENDMENT NO. 843

  Mr. STEVENS (for Mr. Sessions) proposed an amendment to the bill, S. 
1005, supra; as follows:

       On page 34, before the period on line 3, add the following: 
     ``: Provided, That of the funds appropriated under this 
     heading, $6,000,000 shall be available for a conventional 
     munitions demilitarization demonstration program''.
                                 ______
                                 

                       GRASSLEY AMENDMENT NO. 844

  Mr. STEVENS (for Mr. Grassley) proposed an amendment to the bill, S. 
1005, supra; as follows:

       At the end of title VIII, add the following:
       Sec.   . Effective on June 30, 1998, section 8106(a) of the 
     Department of Defense Appropriations Act, 1997 (titles I 
     through VIII of the matter under section 101(b) of Public Law 
     104-208; 110 Stat. 3009-111; 10 U.S.C. 113 note), is amended 
     by striking out ``$3,000,000'' and inserting in lieu thereof 
     ``$1,000,000''.
                                 ______
                                 

                 CONRAD (AND DORGAN) AMENDMENT NO. 845

  (Ordered to lie on the table.)
  Mr. CONRAD (for himself and Mr. Dorgan) submitted an amendment 
intended to be proposed by them to the bill, S. 1005, supra; as 
follows:

       At the appropriate place, add the following:

     SEC.   . AIR FORCE AIRCRAFT ENGINE MODERNIZATION PROGRAM.

       (a) Engine Replacement Program.--(1) The Secretary of the 
     Air Force may carry out a program to replace existing engines 
     on Air Force 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) Acquistion 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

[[Page S7426]]

     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.
                                 ______
                                 

                STEVENS (AND INOUYE) AMENDMENT NO. 846.

  Mr. STEVENS (for himself and Mr. Inouye) proposed an amendment to the 
bill, S. 1005, supra; as follows:

       At an appropriate place in the bill insert:

     SEC.  . FINDINGS.

       The North Atlantic Treaty Organization, at the Madrid 
     summit, decided to admit three new members, the Czech 
     Republic, Poland and Hungary;
       The President, on behalf of the United States endorsed an 
     advocated the expansion of the North Atlantic Treaty 
     Organization to include three additional members;
       The Senate will consider the ratification of instruments to 
     approve the admissions of new members to the North Atlantic 
     Treaty Organization;
       The United States has contributed more than $20,000,000,000 
     since 1952 for infrastructure and support of the Alliance;
       In appropriations Acts likely to be considered by the 
     Senate for fiscal year 1998, $449,000,000 has been requested 
     by the President for expenditures in direct support of United 
     States Participation in the Alliance; and
       In appropriations Acts likely to be considered by the 
     Senate for Fiscal year 1998, $9,983,300,000 has been 
     requested by the President in support of United States 
     military expenditures in North Atlantic Treaty Organization 
     countries.

     SEC.  .

       The Secretary of Defense shall identify and report to the 
     congressional defense committees not later than October 1, 
     1997; (1) the amounts necessary, by appropriation account, 
     for all anticipated costs to the U.S., for the admission of 
     the Czech Republic, Poland and Hungary to the North Atlantic 
     Treaty Organization for the fiscal years 1998,1999, 2000, 
     2001 and 2002, and; (2) any new commitments or obligations 
     entered into or assumed by the United States in association 
     with the admission of new members to the Alliance, to include 
     the deployment of United States military personnel, the 
     provision of defense articles or equipment, training 
     activities and the modification and construction of military 
     facilities.
                                 ______
                                 

                         ROBB AMENDMENT NO. 847

  (Ordered to lie on the table.)
  Mr. ROBB submitted an amendment intended to be proposed by him to the 
bill, S. 1005, supra; as follows:

       At the end of title VIII, add the following:
       Sec. 8099. Of the total amount appropriated under title IV 
     for the Navy, the Secretary of the Navy shall make 
     $36,000,000 available for a program to demonstrate expanded 
     use of multitechnology automated reader cards throughout the 
     Navy and the Marine Corps, including demonstration of the use 
     of the so-called ``smartship'' technology of the ship-to-
     shore work load/off load program.
                                 ______
                                 

                        HARKIN AMENDMENT NO. 848

  Mr. HARKIN proposed an amendment to the bill, S. 1005, supra; as 
follows:

       At the end of title VIII, add the following:
       Sec.   . None of the funds available to the Department of 
     Defense under this Act may be obligated or expended to pay a 
     contractor under a contract with the Department of Defense 
     for any costs incurred by the contractor when it is made 
     known to the Federal official having authority to obligate or 
     expend such funds that such costs are restructuring costs 
     associated with a business combination that were incurred on 
     or after July 15, 1997.

                          ____________________