[Congressional Record Volume 144, Number 84 (Wednesday, June 24, 1998)]
[Senate]
[Pages S6991-S7008]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1999

  The Senate continued with consideration of the bill.
  Mr. WARNER. Mr. President, it has been a long day. If you will bear 
with us for a minute--I appreciate the Presiding Officer. It has been a 
very good day, and the chairman of the committee, Mr. Thurmond, and 
ranking member and others, should be commended. I think we have handled 
the key issues that will require considerable time for debate. We had 
extensive debate on important matters. I am optimistic that this bill 
can be put in a status for final passage tomorrow. We are going to work 
hard, I say to my good friend.
  Mr. LEVIN. I share your enthusiasm and hopefully your optimism, but 
at least your enthusiasm for completing this.
  Mr. WARNER. It is very high at the moment.
  Mr. LEVIN. We will have another full day in order to accomplish that.


                           Amendment No. 2985

(Purpose: To require a report on leasing and other alternative uses of 
       non-excess military property by the military departments)

  Mr. WARNER. Mr. President, I understand that my colleague and I will 
alternate, so I will start off with an amendment on behalf of Senator 
Thurmond. I offer an amendment which would require a report on leasing 
and other alternative uses of nonexcess military property by the 
military departments.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Virginia [Mr. Warner], for Mr. Thurmond, 
     proposes an amendment numbered 2985.

  Mr. WARNER. Mr. President, I ask unanimous consent reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       On page 347, below line 23, add the following:

     SEC. 2833. REPORT ON LEASING AND OTHER ALTERNATIVE USES OF 
                   NON-EXCESS MILITARY PROPERTY.

       (a) Findings.--Congress makes the following findings:
       (1) The Secretary of Defense, with the support of the 
     chiefs of staff of the Armed Forces, is calling for the 
     closure of additional military installations in the United 
     States as a means of eliminating excess capacity in such 
     installations.
       (2) Excess capacity in Department of Defense installations 
     is a valuable asset, and the utilization of such capacity 
     presents a potential economic benefit for the Department and 
     the Nation.
       (3) The experiences of the Department have demonstrated 
     that the military departments and private businesses can 
     carry out activities at the same military installation 
     simultaneously.
       (4) Section 2667 of title 10, United States Code, 
     authorizes the Secretaries of the military departments to 
     lease, upon terms that promote the national defense or are in 
     the public interest, real property that is--
       (A) under the control of such departments;
       (B) not for the time needed for public use; and
       (C) not excess to the requirements of the United States.
       (b) Report.--Not later than February 1, 1999, the Secretary 
     shall submit to the Committee on Armed Services of the Senate 
     and

[[Page S6992]]

     the Committee on National Security of the House of 
     Representatives a report setting forth the following:
       (1) The number and purpose of the leases entered into under 
     section 2667 of title 10, United States Code, during the 
     five-year period ending on the date of enactment of this Act.
       (2) The types and amounts of payments received under the 
     leases specified in paragraph (1).
       (3) The costs, if any, foregone as a result of the leases 
     specified in paragraph (1).
       (4) A discussion of the positive and negative aspects of 
     leasing real property and surplus capacity at military 
     installations to the private sector, including the potential 
     impact on force protection.
       (5) A description of the current efforts of the Department 
     of Defense to identify for the private sector any surplus 
     capacity at military installations that could be leased or 
     otherwise used by the private sector.
       (6) A proposal for any legislation that the Secretary 
     considers appropriate to enhance the ability of the 
     Department to utilize surplus capacity in military 
     installations in order to improve military readiness, achieve 
     cost savings with respect to such installations, or decrease 
     the cost of operating such installations.
       (7) An estimate of the amount of income that could accrue 
     to the Department as a result of the enhanced authority 
     proposed under paragraph (6) during the five-year period 
     beginning on the effective date of such enhanced authority.
       (8) A discussion of the extent to which any such income 
     should be reserved for the use of the installations 
     exercising such authority and of the extent to which 
     installations are likely to enter into such leases if they 
     cannot retain such income.

  Mr. THURMOND. Mr. President, I rise to introduce an amendment that 
would require the Secretary of Defense to submit a report on the 
Department of Defense's use of the authority provided by section 2667 
of title 10, United States Code.
  Mr. President, Secretary Cohen has recommended additional base 
closures citing 23 percent excess base capacity and the need to achieve 
savings that could be used for modernization. However, both the House 
and Senate, for various reasons, have not supported the request, 
although both acknowledge that there is excess capacity. My amendment 
suggests that the Department of Defense use its existing authority 
under section 2667 of title 10, United States Code, to put the excess 
capacity to beneficial use. Section 2667 permits the lease on non-
excess real or personal property to the private sector for financial or 
in-kind compensation.
  Since the Department does have the authority to close or eliminate 
its excess capacity, the leases authorized by section 2667 would use 
this capacity while providing some revenue and savings to the 
Department and the military installations. Additionally, since the 
property would be under a long-term lease, the services would have it 
available for future expansion or surge capacity.
  Under section 2667, a service secretary may lease property to a 
lessee under such terms as he considers will promote the national 
defense or be in the public interest. Additionally, the funds collected 
from these leases are deposited in a special account in the Treasury. 
Sums deposited in this account will be available to the military 
department, as provided in appropriation Act, as follows:--50 percent 
of such amounts will be available for facility maintenance and repair 
or environmental restoration at the military installation where the 
leased property is located. 50 percent of such amounts will be 
available for facility maintenance and repair and environmental 
restoration by the military departments concerned.
  Mr. President, my amendment would ask the Secretary to report on the 
following issues regarding the use of section 2667:
  The number and purpose of leases entered under 2667; the types and 
amounts of payment received; the cost, if any, foregone as a result of 
the leases; the positive and negative aspects of leasing; the efforts 
to promote these type leases to the private sector; any legislative 
proposal to enhance the Department's capability to lease to the private 
sector; an estimate of income that could potentially be accrued because 
of enhanced leasing capability; and a discussion on retaining any 
income from these leases at the installation.
  Mr. President, I believe the authority provided the service 
secretaries by section 2667 does not eliminate the need for base 
closure. It does provide the opportunity to use this property for the 
benefit of the military installations. I will carefully review the 
Secretary's report and, if required, include legislation in next year's 
defense authorization bill to maximize the use of this authority.
  Mr. President, I urge the adoption of the amendment.
  Mr. LEVIN. The amendment has been cleared.
  Mr. WARNER. This amendment has been cleared. I urge passage.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 2985) was agreed to.
  Mr. WARNER. I move to reconsider the vote.
  Mr. LEVIN. I move to lay it on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 2986

 (Purpose: To require a plan for addressing problems in Department of 
   Defense management of the department's inventories of in-transit 
                            secondary items)

  Mr. LEVIN. Mr. President, on behalf of Senator Harkin, I offer an 
amendment which would require the Department of Defense to develop a 
plan to address problems with the Department's inventories of in-
transit secondary items.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Michigan [Mr. Levin], for Mr. Harkin, 
     proposes an amendment numbered 2986.

  Mr. LEVIN. Mr. President, I ask unanimous consent reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

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

     SEC. 349. INVENTORY MANAGEMENT OF IN-TRANSIT SECONDARY ITEMS.

       (a) Requirement for Plan.--Not later than March 1, 1999, 
     the Secretary of Defense shall submit to Congress a plan to 
     address problems with Department of Defense management of the 
     department's inventories of in-transit secondary items as 
     follows:
       (1) The vulnerability of in-transit secondary items to loss 
     through fraud, waste, and abuse.
       (2) Loss of oversight of in-transit secondary items, 
     including any loss of oversight when items are being 
     transported by commercial carriers.
       (3) Loss of accountability for in-transit secondary items 
     due to either a delay of delivery of the items or a lack of 
     notification of a delivery of the items.
       (b) Content of Plan.-- The plan shall include, for each of 
     the problems described in subsection (a), the following 
     information:
       (1) The actions to be taken to correct the problems.
       (2) Statements of objectives.
       (3) Performance measures and schedules.
       (4) An identification of any resources that may be 
     necessary for correcting the problem, together with an 
     estimate of the annual costs.
       (c) GAO Reviews.--(1) Not later than 60 days after the date 
     on which the Secretary of Defense submits the plan to 
     Congress, the Comptroller General shall review the plan and 
     submit to Congress any comments that the Comptroller General 
     considers appropriate regarding the plan.
       (2) The Comptroller General shall monitor any 
     implementation of the plan and, not later than one year after 
     the date referred to in paragraph (1), submit to Congress an 
     assessment of the extent to which the plan has been 
     implemented.

  Mr. WARNER. This amendment is cleared on both sides.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 2986) was agreed to.
  Mr. LEVIN. I move to reconsider the vote.
  Mr. WARNER. I move to lay it on the table.
  The motion to lay on the table was agreed to.


                    Amendment No. 2447, as modified

 (Purpose: To limit advance billings for working-capital funds of the 
                         Department of Defense)

  Mr. WARNER. On behalf of Senator Thurmond, I call up amendment 
numbered 2447 and send a modification to this amendment to the desk. 
The amendment would require the Department of Defense to limit the 
practice of advance billings for working-capital funds.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Virginia [Mr. Warner], for Mr. Thurmond, 
     proposes an amendment numbered 2447, as modified.


[[Page S6993]]


  Mr. WARNER. Mr. President, I ask unanimous consent reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       On page 64, line 7, strike out ``(d)'', and insert in lieu 
     thereof the following:
       (3) The waiver authority under paragraph (1) does not apply 
     to the limitation in subsection (d) or the limitation in 
     section 2208(l)(3) of title 10, United States Code (as added 
     by subsection (e)).
       (d) Fiscal Year 1999 Limitation on Advance Billings.--(1) 
     The total amount of the advance billings rendered or imposed 
     for the working-capital funds of the Department of Defense 
     and the Defense Business Operations Fund in fiscal year 
     1999--
       (A) for the Department of the Navy, may not exceed 
     $500,000,000; and
       (B) for the Department of the Air Force, may not exceed 
     $500,000,000.
       (2) In paragraph (1), the term ``advance billing'' has the 
     meaning given such term in section 2208(l) of title 10, 
     United States Code.
       (e) Permanent Limitation on Advance Billings.--(1) Section 
     2208(l) of title 10, United States Code, is amended--
       (A) by redesignating paragraph (3) as paragraph (4); and
       (B) by inserting after paragraph (2) the following new 
     paragraph (3):
       ``(3) The total amount of the advance billings rendered or 
     imposed for all working-capital funds of the Department of 
     Defense in a fiscal year may not exceed $1,000,000,000.''.
       (2) Section 2208(l)(3) of such title, as added by paragraph 
     (1), applies to fiscal years after fiscal year 1999.
       (f)

  Mr. LEVIN. The amendment has been cleared on this side.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 2447), as modified, was agreed to.
  Mr. WARNER. I move to reconsider the vote.
  Mr. LEVIN. I move to lay it on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 2987

   (Purpose: To provide for an assessment of the establishment of an 
independent entity to evaluate post-conflict illnesses among members of 
  the Armed Forces and the health care provided by the Department of 
 Defense and Department of Veterans Affairs both before and after the 
                      deployment of such members)

  Mr. LEVIN. Mr. President, on behalf of Senator Rockefeller, I offer 
an amendment that would require the Secretary of Defense, in 
conjunction with the National Academy of Science, to assess the need 
for establishing a military post-conflict health center.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Michigan [Mr. Levin], for Mr. Rockefeller, 
     proposes an amendment numbered 2987.

  Mr. LEVIN. I ask unanimous consent reading of the amendment be 
dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       On page 157, between lines 13 and 14, insert the following:

     SEC. 708. ASSESSMENT OF ESTABLISHMENT OF INDEPENDENT ENTITY 
                   TO EVALUATE POST-CONFLICT ILLNESSES AMONG 
                   MEMBERS OF THE ARMED FORCES AND HEALTH CARE 
                   PROVIDED BY THE DEPARTMENT OF DEFENSE AND 
                   DEPARTMENT OF VETERANS AFFAIRS BEFORE AND AFTER 
                   DEPLOYMENT OF SUCH MEMBERS.

       (a) Agreement for Assessment.--The Secretary of Defense 
     shall seek to enter into an agreement with the National 
     Academy of Sciences, or other appropriate independent 
     organization, under which agreement the Academy shall carry 
     out the assessment referred to in subsection (b).
       (b) Assessment.--(1) Under the agreement, the Academy shall 
     assess the need for and feasibility of establishing an 
     independent entity to--
       (A) evaluate and monitor interagency coordination on issues 
     relating to the post-deployment health concerns of members of 
     the Armed Forces, including coordination relating to outreach 
     and risk communication, recordkeeping, research, utilization 
     of new technologies, international cooperation and research, 
     health surveillance, and other health-related activities;
       (B) evaluate the health care (including preventive care and 
     responsive care) provided to members of the Armed Forces both 
     before and after their deployment on military operations;
       (C) monitor and direct government efforts to evaluate the 
     health of members of the Armed Forces upon their return from 
     deployment on military operations for purposes of ensuring 
     the rapid identification of any trends in diseases or 
     injuries among such members as a result of such operations;
       (D) provide and direct the provision of ongoing training of 
     health care personnel of the Department of Defense and the 
     Department of Veterans Affairs in the evaluation and 
     treatment of post-deployment diseases and health conditions, 
     including nonspecific and unexplained illnesses; and
       (E) make recommendations to the Department of Defense and 
     the Department of Veterans Affairs regarding improvements in 
     the provision of health care referred to in subparagraph (B), 
     including improvements in the monitoring and treatment of 
     members referred to in that subparagraph.
       (2) The assessment shall cover the health care provided by 
     the Department of Defense and, where applicable, by the 
     Department of Veterans Affairs.
       (c) Report.--(1) The agreement shall require the Academy to 
     submit to the committees referred to in paragraph (3) a 
     report on the results of the assessment under this section 
     not later than one year after the date of enactment of this 
     Act.
       (2) The report shall include the following:
       (A) The recommendation of the Academy as to the need for 
     and feasibility of establishing an independent entity as 
     described in subsection (b) and a justification of such 
     recommendation.
       (B) If the Academy recommends that an entity be 
     established, the recommendations of the Academy as to--
       (i) the organizational placement of the entity;
       (ii) the personnel and other resources to be allocated to 
     the entity;
       (iii) the scope and nature of the activities and 
     responsibilities of the entity; and
       (iv) mechanisms for ensuring that any recommendations of 
     the entity are carried out by the Department of Defense and 
     the Department of Veterans Affairs.
       (3) The report shall be submitted to the following:
       (A) The Committee on Armed Services and the Committee on 
     Veterans' Affairs of the Senate.
       (B) The Committee on National Security and the Committee on 
     Veterans' Affairs of the House of Representatives.

  Mr. ROCKEFELLER. Mr. President, as Ranking Member of the Senate 
Committee on Veterans' Affairs, I have an especially strong interest in 
the history of illnesses and health concerns that follow military 
deployments. We have all observed the effects of post-conflict 
illnesses among our Gulf War veterans who returned with poorly 
understood, undiagnosed illnesses, and our Vietnam veterans with health 
problems related to exposure to Agent Orange. This legacy is not just a 
problem of our most recent conflicts; our Atomic-era veterans are still 
fighting for recognition of health conditions related to radiation 
exposures they experienced in service to their country 50 years ago.
  If there is any single lesson to be learned from this history, it is 
that the Department of Defense and the Department of Veterans Affairs 
have not always been aggressive enough in pursuing the immediate health 
consequences of military conflicts. Too many times our veterans have 
had to wait years before post-conflict illnesses are recognized as real 
problems that require firm commitments of research and treatment 
programs. These delays have come at a cost to the veterans who have had 
to fight for this recognition, and they have come at a cost to the 
government's credibility on this important issue.
  I believe it is time to consider establishing an independent entity 
with the capacity to evaluate government efforts to monitor the health 
of servicemembers following military conflicts, and to evaluate whether 
servicemembers are being effectively treated for illnesses that occur 
following such deployments. There have been suggestions for the need 
for such an entity within DoD and VA, but I believe that important 
health expertise outside these agencies is required as well. Indeed, it 
may be that the best approach is one that pulls together expertise from 
VA, DoD, and health care professionals and researchers from centers of 
medical excellence in fields such as toxicology, occupational medicine, 
and other disciplines.
  Therefore, I would like to propose an amendment to the Department of 
Defense Authorization to require the Secretary to enter into an 
agreement with the National Academy of Sciences to assess the 
feasibility of establishing, as an independent entity, a National 
Center for the Study of Military Health.
  The proposed Center for the Study of Military Health would evaluate 
and monitor interagency coordination on issues relating to post-
deployment health concerns of members of the Armed Forces, including 
outreach and risk communication, recordkeeping, research, utilization 
of new technologies, international cooperation and

[[Page S6994]]

research, health surveillance, and other health-related activities.
  In addition, this center would evaluate the health care provided to 
members of the Armed Services both before and after their deployment on 
military operations. The proposed center would monitor and direct 
government efforts to evaluate the health of servicemembers upon their 
return from military deployments, for purposes of ensuring the rapid 
identification of any trends in diseases or injuries that result from 
such operations. Such an independent health center could also serve an 
important role in providing training of health care professionals in 
DoD and VA in the evaluation and treatment of post-conflict diseases 
and health conditions, including nonspecific and unexplained illnesses.
  While some have argued that it is time to take some of these 
responsibilities away from existing agencies, I would suggest that this 
is a matter for careful study and thoughtful deliberation. Therefore, 
this amendment would require the National Academy of Sciences to assess 
the feasibility of such an independent health entity. In their report 
to the Secretary of Defense, the Academy should provide a 
recommendation of the feasibility of such an entity and justification 
for such a recommendation. If such a center is recommended by the 
Academy, their report should also provide recommendations regarding the 
organizational placement of the entity; the health and science 
expertise that would be necessary; the scope and nature of the 
activities and responsibilities of the entity; and mechanisms for 
ensuring that the recommendations of the entity are carried out by DoD 
and VA.
  Mr. President, as Ranking Member of the Committee on Veterans' 
Affairs, there have been too many times when I have heard agency 
officials testify that poorly understood, unexplained illnesses are a 
common, inevitable occurrence of every military conflict. With the 
tremendous advances achieved elsewhere in medical and military 
technologies, I find the acceptance of these illnesses as an 
inevitability to be unacceptable. I hope that this amendment will offer 
an initial step to better prevention and treatment of these post-
conflict illnesses.
  Mr. WARNER. The amendment is cleared on both sides.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 2987) was agreed to.
  Mr. LEVIN. I move to reconsider the vote.
  Mr. WARNER. I move to lay it on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 2838

(Purpose: To establish a commission to assess the reliability, safety, 
          and security of the United States nuclear deterrent)

  Mr. WARNER. Mr. President, on behalf of Senator Kyl, I call up 
amendment numbered 2838 which would establish a commission to assess 
the reliability, the safety, and security of U.S. nuclear deterrent and 
to prepare recommendations on these matters for the Secretaries of 
Defense and Energy.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Virginia [Mr. Warner], for Mr. Kyl, 
     proposes an amendment numbered 2838.

  Mr. WARNER. Mr. President, I ask unanimous consent reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

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

     SEC. 1064. COMMISSION TO ASSESS THE RELIABILITY SAFETY AND 
                   SECURITY OF THE UNITED STATES NUCLEAR 
                   DETERRENT.

       (a) Establishment.--There is hereby established a 
     commission to be known as the ``Commission for Assessment of 
     the Reliability, Safety, and Security of the United States 
     Nuclear Deterrent''.
       (b) Composition.--(1) The Commission shall be composed of 
     six members who shall be appointed from among private 
     citizens of the United States with knowledge and expertise in 
     the technical aspects of design, maintenance, and deployment 
     of nuclear weapons, as follows:
       (A) Two members appointed by the Majority Leader of the 
     Senate.
       (B) One member appointed by the Minority Leader of the 
     Senate.
       (C) Two members appointed by the Speaker of the House of 
     Representatives.
       (D) One member appointed by the Minority Leader of the 
     House of Representatives.
       (2) The Senate Majority Leader and the Speaker of the House 
     of Representatives shall each appoint one member to serve for 
     five years and one member to serve for two years. The 
     Minority Leaders of the Senate and House of Representatives 
     shall each appoint one member to serve for five years. A 
     member may be reappointed.
       (3) Any vacancy in the Commission shall be filled in the 
     same manner as the original appointment.
       (4) All members of the Commission shall hold appropriate 
     security clearances.
       (2) The Comptroller General shall monitor any 
     implementation of the plan and, not later than one year after 
     the date referred to in paragraph (1), submit to Congress an 
     assessment of the extent to which the plan has been 
     implemented.

                           *   *   *   *   *

       (2) For carrying out its duties, the Commission shall be 
     provided full and timely cooperation by the Secretary of 
     Energy, the Secretary of Defense, the Commander of United 
     States Strategic Command, the Directors of the Los Alamos 
     National Laboratory, the Lawrence Livermore National 
     Laboratory, the Sandia National Laboratories, the Savannah 
     River Site, the Y-12 Plant, the Pantex Facility, and the 
     Kansas City Plant, and any other official of the United 
     States that the Chairman determines as having information 
     described in paragraph (1).
       (3) The Secretary of Energy and the Secretary of Defense 
     shall each designate at least one officer or employee of the 
     Department of Energy and the Department of Defense, 
     respectively, to serve as a liaison officer between the 
     department and the Commission.
       (f) Commission Procedures.--(1) The Commission shall meet 
     at the call of the Chairman.
       (2) Four members of the Commission shall constitute a 
     quorum, except that the Commission may designate a lesser 
     number of members as a quorum for the purpose of holding 
     hearings. The Commission shall act by resolution agreed to by 
     a majority of the members of the Commission.
       (3) Any member or agent of the Commission may, if 
     authorized by the Commission, take any action that the 
     Commission is authorized to take under this section.
       (4) The Commission may establish panels composed of less 
     than the full membership of the Commission for the purpose of 
     carrying out the Commission's duties. Findings and 
     conclusions of a panel of the Commission may not be 
     considered findings and conclusions of the Commission unless 
     approved by the Commission.
       (5) The Commission or, at its direction, any panel or 
     member of the Commission, may, for the purpose of carrying 
     out its duties, hold hearings, sit and act at times and 
     places, take testimony, receive evidence, and administer 
     oaths to the extent that the Commission or any panel or 
     member considers advisable.
       (g) Personnel Matters.--(1) A member of the Commission 
     shall be compensated at the daily equivalent of the rate of 
     basic pay established for level V of the Executive Schedule 
     under 5316 of title 5, United States Code, for each day on 
     which the member is engaged in any meeting, hearing, 
     briefing, or other work in the performance of duties of the 
     Commission.
       (2) A member of the Commission shall be allowed travel 
     expenses, including per diem in lieu of subsistence, at rates 
     authorized for employees of agencies under subchapter I of 
     chapter 57 of title 5, United States Code, while away from 
     the member's home or regular place of business in the 
     performance of services for the Commission.
       (3) The Chairman of the Commission may, without regard to 
     the provisions of the title 5, United States Code, governing 
     appointments in the competitive service, appoint a staff 
     director and such additional personnel as may be necessary to 
     enable the Commission to perform its duties. The Chairman of 
     the Commission may fix the pay of the staff director and 
     other personnel without regard to the provisions of chapter 
     51, and subchapter III of chapter 53 of title 5, United 
     States Code, relating to classification of positions and 
     General Schedule pay rates, except that the rate of pay fixed 
     under this paragraph for the staff director may not exceed 
     the rate payable for level V of the Executive Schedule under 
     section 5316 of such title.
       (4) Upon the request of the Chairman of the Commission, the 
     head of any Federal department or agency may detail, on a 
     nonreimbursable basis, any personnel of that department or 
     agency to the Commission to assist it in carrying out its 
     duties.
       (5) The Chairman of the Commission may procure temporary 
     and intermittent services under section 3109(b) of title 5, 
     United States Code, at rates for individuals which do not 
     exceed the daily equivalent of the annual rate of basic pay 
     payable for level V of the Executive Schedule and under 
     section 5316 of such title.
       (h) Miscellaneous Administrative Provisions.--(1) The 
     Commission may use the United States mails and obtain 
     printing and binding services in the same manner and under 
     the same conditions as other departments and agencies of the 
     Federal Government.
       (2) The Secretary of Defense and the Secretary of Energy 
     shall furnish the Commission with any administrative and 
     support

[[Page S6995]]

     services requested by the Commission and with office space 
     within the Washington, District Columbia, metropolitan area 
     that is sufficient for the administrative offices of the 
     Commission and for holding general meetings of Commission.
       (i) Funding.--The Secretary of Defense and the Secretary of 
     Energy shall each contribute 50 percent of the amount of 
     funds that are necessary for the Commission to carry out its 
     duties. Upon receiving from the Chairman of the Commission a 
     written certification of the amount of funds that is 
     necessary for funding the activities of the Commission for a 
     period, the Secretaries shall promptly make available to the 
     Commission funds in the total amount specified in the 
     certification. Funds available for the Department of Defense 
     for Defense-wide research, development, test, and evaluation 
     shall be available for the Department of Defense 
     contribution. Funds available for the Department of Energy 
     for atomic energy defense activities shall be available for 
     the Department of Energy contribution.
       (j) Termination of the Commission.--The Commission shall 
     terminate three years after the date of the appointment of 
     the member designated as Chairman.
       (k) Initial Implementation.--All appointments to the 
     Commission shall be made not later than 45 days after the 
     date of the enactment of this Act. The Commission shall 
     convene its first meeting not later than 30 days after the 
     date as of which all members of the Commission have been 
     appointed.

  Mr. WARNER. It is my understanding this amendment has been cleared on 
both sides.
  Mr. LEVIN. The amendment has been cleared.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 2838) was agreed to.
  Mr. WARNER. I move to reconsider the vote.
  Mr. LEVIN. I move to lay it on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 2796

 (Purpose: To state the sense of the Senate regarding the memoranda of 
      understanding with the State of Oregon relating to Hanford)

  Mr. LEVIN. Mr. President, on behalf of Senator Wyden and Senator 
Smith of Oregon, I call up amendment numbered 2796 which would express 
the sense of the Senate that the State of Oregon should continue to 
have access to appropriate information and cleanup activities at the 
Hanford site located in the State of Washington.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Michigan [Mr. Levin], for Mr. Wyden, for 
     himself and Mr. Smith of Oregon, proposes an amendment 
     numbered 2796.

  Mr. LEVIN. I ask unanimous consent that further reading of this 
amendment be dispensed with, and that further reading of all the 
amendments be dispensed with after the enumeration of the number by the 
clerk.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       On page 398, between lines 9 and 10, insert the following:

     SEC. 3144. SENSE OF SENATE REGARDING MEMORANDA OF 
                   UNDERSTANDING WITH THE STATE OF OREGON RELATING 
                   TO HANFORD.

       (a) Findings.--The Senate makes the following findings:
       (1) The Department of Energy and the State of Washington 
     have entered into memoranda of understanding with the State 
     of Oregon to provide the State of Oregon greater involvement 
     in decisions regarding the Hanford Reservation.
       (2) Hanford has an impact on the State of Oregon, and the 
     State of Oregon has an interest in the decisions made 
     regarding Hanford.
       (3) The Department of Energy and the State of Washington 
     are to be congratulated for entering into the memoranda of 
     understanding with the State of Oregon regarding Hanford.
       (b) Sense of Senate.--It is the sense of the Senate to--
       (1) encourage the Department of Energy and the State of 
     Washington to implement the memoranda of understanding 
     regarding Hanford in ways that result in continued 
     involvement by the State of Oregon in decisions of concern to 
     the State of Oregon regarding Hanford; and
       (2) encourage the Department of Energy and the State of 
     Washington to continue similar efforts to permit ongoing 
     participation by the State of Oregon in the decisions 
     regarding Hanford that may affect the environment or public 
     health or safety of the citizens of the State of Oregon.

  Mr. WYDEN. Mr. President, I have an amendment to encourage the 
Department of Energy to involve the State of Oregon in decisions about 
the cleanup of the Hanford Nuclear Reservation. This amendment is 
needed to protect Oregonians from the unusual and highly dangerous 
hazards that the Hanford Nuclear Reservation poses for the people of 
Oregon.
  This amendment should be familiar to many members of the Senate 
because a version of this legislation previously passed the Senate as 
an amendment to the FY97 Defense Authorization Bill.
  Mr. President, there is no other contaminated Federal property in the 
country that has caused the serious injuries to residents of another 
State that Hanford has already caused to citizens of Oregon. And no 
other Federal site currently poses anywhere near as serious a threat to 
the health and safety of citizens of another State as Hanford does to 
our citizens.
  Because of this special situation, the State of Oregon needs to be 
involved in decisions about how DOE proposes to clean up the Hanford 
site.
  I want to make clear that recognizing the unique conditions present 
at Hanford and the immediate danger they pose for Oregonians does not 
set a precedent for other Federal facilities besides Hanford. It will 
not turn every military base with a leaking gasoline tank into a multi-
state cleanup issue.
  Let me put to rest any concern that this amendment will be 
misconstrued in that way. First, there is simply no facility in this 
country--Federal or non-Federal--that compares to Hanford. In fact, 
Hanford is generally considered to be the most contaminated site in the 
Western hemisphere. You would have to go to the former Soviet Union to 
find a site as polluted as Hanford.
  The extent of the environmental problems are mind boggling:
  Over the years, 200 billion gallons of toxic and radioactive liquids 
from nuclear weapons production were dumped at the site. That's enough 
to cover Manhattan to a depth of 40 feet.
  The Hanford site currently contains 56 million gallons of high-level 
radioactive wastes in 177 tanks. Some of these tanks are as big as the 
Capitol Dome. At least 54 of these tanks are known or suspected to be 
leaking or pose risks of explosion.
  The site also is currently storing 2,300 metric tons of high-level 
nuclear fuel rods in leaking basins located only a quarter mile from 
the Columbia River.
  And these are just a few of the problems that we know about.
  Second, there is also no other site in the country that has affected 
the health and safety of residents in another state the way Hanford has 
affected the citizens of Oregon.
  Oregonians living downwind from Hanford have suffered from thyroid 
cancers and other medical problems caused by airborne releases of 
radioactive iodine. Starting in the late 1940s and continuing through 
the 1950s, these releases average between 100 and 2,000 curies per 
month. To put that into perspective, the residents around Harrisburg, 
Pennsylvania were evacuated in 1979 when the Three Mile Island accident 
released 15-24 curies into the Pennsylvania countryside.
  The airborne releases from Hanford were 10 to 100 times what were 
released from Three Mile Island, and these releases were occurring 
every month! Ongoing epidemiological studies have linked these releases 
to increased cases of thyroid cancer and other adverse health effects 
on Oregonians living near the site. Children drinking milk from farms 
in the area were the ones most harmed by these releases.
  Hanford also poses a serious health threat to the more than 1 million 
Oregonians who live downstream from the site. Radioactive materials 
have been released into the Columbia River when water from the River 
was pumped through the sites nuclear reactors to cool them. Other 
hazardous and radioactive materials that were dumped at the site have 
and are continuing to seep into the River. A General Accounting Office 
report I released earlier this year documents that 900,000 gallons of 
radioactive wastes have leaked out of the Hanford tanks, contaminated 
the groundwater and this contaminated water is now heading toward the 
Columbia River.
  The bottom line is many Oregonians are suffering adverse health 
effects from living near Hanford. And many more are at risk of future 
harm because of conditions at the site.

[[Page S6996]]

  Finally, my amendment does not set a precedent for Federal facilities 
nationwide because it only encourages the Energy Department to continue 
existing efforts to involve Oregon in cleanup decisions. There is 
already in effect a Memorandum of Agreement between the State of Oregon 
and the Department of Energy concerning Oregon's participation in 
decisions about Hanford cleanup. The linkage to this agreement puts the 
site into a special category of Federal facility cleanups. It draws a 
bright line that divide Hanford from the hundreds of other contaminated 
Federal facilities around the country.
  The unique factors involved in the Hanford cleanup justify granting 
the State of Oregon a greater role in decisions about clean up of the 
Hanford site.
  I urge my colleagues to recognize how Hanford has harmed and continue 
to pose a serious hazard to the people of Oregon by giving our State 
the opportunity to play a greater role in cleanup decisions at the 
site.
  Mr. SMITH of Oregon. Mr. President, I rise today to speak on behalf 
of Amendment No. 2796 to the Defense Authorization bill, a Sense of the 
Senate Resolution which was introduced by myself and Senator Wyden. I 
want to thank the managers of the Defense Authorization bill for 
allowing us to bring this important amendment to the floor for 
consideration. This Sense of the Senate speaks to an issue that is a 
source of great concern to all Oregonians. But not only should it be of 
importance to citizens of my state, this Sense of the Senate should 
also be important to any American concerned about having a say in how 
the federal government handles nuclear waste and other environmental 
problems partially overseen by the Department of Energy. Simply put, 
radioactive waste seeping through the soil or being discharged into the 
air recognizes no state boundary.
  Although such situations can be found in other parts of the country, 
the amendment before us today speaks specifically to the Hanford 
nuclear reservation, located in the southeastern part of Washington 
state. Hanford was operated by the federal government as a plutonium 
development facility for four decades. Today, this site is the worst 
Department of Energy environmental hazard in the country. Millions of 
gallons of radioactive waste sits at the Hanford facility, much of it 
stored in underground tanks that are leaking an unknown amount of 
material into the soil as I speak.
  Currently, there are cleanup efforts underway, jointly operated by 
the Department of Energy, the Environmental Protection Agency, and the 
state of Washington. Every year the Congress appropriates money for 
this cleanup effort, and I am a strong supporter of this funding. 
However, as an Oregonian, I believe that my state should also be a part 
of this ongoing process. Although the Hanford site is in Washington 
state, it is just 35 miles north of Oregon, and it lies next to the 
mighty Columbia River, which forms much of the border between the two 
states. Any failure to clean up this facility adequately will be felt 
not only in Washington but in my state as well. Thousands of Oregonians 
live within 50 miles of this site. Thousands more live down the 
Columbia River, which is not only home to countless species of 
wildlife, but also a key transportation and recreation resource as 
well.
  For these reasons, I am pleased that the Department of Energy and the 
state of Washington and Oregon entered into memoranda of understanding 
concerning Hanford last August. With the implementation of this 
agreement, Oregon will be a participant in the major decisions 
regarding Hanford that have potential repercussions for the health and 
safety of Oregonians. The amendment Senator Wyden and I have introduced 
simply encourages the continuation of this kind of cooperative 
decisionmaking regarding the future of the Hanford site. As 
acknowledged by the Department of Energy and the state of Washington by 
the memoranda of agreement, Oregon has a huge stake in this process. It 
is a point worth reiterating, and I urge my colleagues to join me in 
supporting this important Sense of the Senate resolution.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 2796) was agreed to.
  Mr. LEVIN. I move to reconsider the vote.
  Mr. WARNER. I move to lay it on the table.


                           Amendment No. 2812

(Purpose: To express the sense of Congress concerning the naming of an 
 LPD-17 class amphibious vessel in honor of Lieutenant General Clifton 
           B. Cates, the 19th Commandant of the Marine Corps)

  Mr. WARNER. I send an amendment to the desk on behalf of Senator 
Frist, numbered 2812 which would express the sense of the Congress that 
the Secretary of the Navy should remain an LPD-17 class amphibious ship 
in honor of the 19th Commandant of the Marine Corps, General Clifton B. 
Cates.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Virginia [Mr. Warner], for Mr. Frist, 
     proposes an amendment numbered 2812.

  Mr. LEVIN. The amendment has been cleared.

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

     SEC. 1013. SENSE OF CONGRESS CONCERNING THE NAMING OF AN LPD-
                   17 VESSEL.

       It is the sense of Congress that, consistent with section 
     1018 of the National Defense Authorization Act for Fiscal 
     Year 1996 (Public Law 104-106; 110 Stat. 425), the next 
     unnamed vessel of the LPD-17 class of amphibious vessels 
     should be named the U.S.S. Clifton B. Cates, in honor of 
     Marine General Clifton B. Cates (1893-1970), a native of 
     Tennessee whose distinguished career of service in the Marine 
     Corps included combat service in World War I so heroic that 
     he became the most decorated Marine Corps officer of World 
     War I, included exemplary combat leadership from Guadalcanal 
     to Tinian and Iwo Jima and beyond in the Pacific Theater 
     during World War II, and culminated in Lieutenant General 
     Cates being appointed the 19th Commandant of the Marine 
     Corps, a position in which he led the Marine Corps' efficient 
     and alacritous response to the invasion of the Republic of 
     South Korea by Communist North Korea.

  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 2812) was agreed to.
  Mr. WARNER. I ask that at such place as may be necessary that the 
rank of General Clifton Cates be indicated as a full general. I 
happened to have served under him. I knew him very well.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. WARNER. A very distinguished man.
  Mr. LEVIN. Mr. President, I move to reconsider the vote.
  Mr. WARNER. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 2988

 (Purpose: To provide authority to waive the moratorium on the use of 
   anti-personnel landmines scheduled to begin on February 12, 1999)

  Mr. WARNER. Mr. President, I send an amendment to the desk and ask 
for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Virginia [Mr. Warner), for Mr. Thurmond, 
     proposes an amendment numbered 2988.

  The amendment is as follows:

       On page 268, between lines 8 and 9, insert the following:

     SEC. 1064. AUTHORITY FOR WAIVER OF MORATORIUM ON ARMED FORCES 
                   USE OF ANTIPERSONNEL LANDMINES.

       Section 580 of the Foreign Operations, Export Financing, 
     and Related Programs Appropriations Act, 1996 (Public Law 
     104-107; 110 Stat. 751) is amended--
       (1) by redesignating subsection (b) as subsection (c); and
       (2) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) Waiver Authority.--(1) The President may waive the 
     moratorium set forth in subsection (a) if the President 
     determines that the waiver is necessary in the national 
     security interests of the United States.
       ``(2) The President shall notify the President pro tempore 
     of the Senate and the Speaker of the House of Representatives 
     of the exercise of the authority provided by paragraph 
     (1).''.

  Mr. THURMOND. Mr. President, this past March, General Tilelli, 
Commander, of U.S. Forces in Korea, testified before the Committee on 
issues faced by his Command. One of the foremost concerns he expressed 
was the impact of the antipersonnel landmine

[[Page S6997]]

moratorium that would be imposed on February 12, 1999. General Tilelli 
prevailed upon the Committee to provide legislative relief from this 
requirement.
  On May 1, Secretary of Defense Cohen and General Shelton, Chairman of 
the Joint Chiefs, wrote asking the Committee to include a provision in 
the defense authorization bill that would allow the Secretary to waive 
the moratorium for national security interests.
  Today, I offer an amendment that would provide the President 
authority to waive the moratorium on antipersonnel landmines that would 
go into effect on February 12, 1999.
  The potential negative effect of this legislation on the ability of 
U.S. forces to fight and win battles and to defend U.S. forces and 
allies, if necessary, is unacceptable, and would not be in the national 
security interest of the United States.
  I am concerned about the impact of this moratorium on the ability to 
undertake missions, such as the kind of mission that may have been 
necessary, had Iraq chosen to invade one of our allies in the Gulf, 
during the most recent standoff with Iraq over the arms control 
inspections.
  I believe it is in the national security interests for U.S. forces to 
be able to employ self-destructing anti-personnel landmines and self-
destructing mixed anti-tank systems to defend themselves and our 
allies, if necessary. It is for this reason, that I believe the 
President should have authority to waive the moratorium for national 
security reasons.
  I urge the adoption of my amendment.
  Mr. WARNER. Mr. President, this amendment will provide the President 
the authority to waive the one-year moratorium on the use of 
antipersonnel landmines by U.S. forces, which goes into effect February 
12, 1999. It is my understanding that this amendment has been cleared.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The amendment (No. 2988) was agreed to.
  Mr. WARNER. Mr. President, I move to reconsider the vote.
  Mr. LEVIN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 2989

                    (Purpose: Relating to landmines)

  Mr. LEVIN. Mr. President, I send an amendment to the desk and ask for 
its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Michigan [Mr. Levin], for Mr. Leahy, 
     proposes an amendment numbered 2989.

  The amendment is as follows:
       On page 42, between lines 9 and 10, insert the following:

     SEC. 232. LANDMINES.

       (a) Availability of Funds.--(1) Of the amounts authorized 
     to be appropriated in section 201, $17,200,000 shall be 
     available for activities relating to the identification, 
     adaptation, modification, research, and development of 
     existing and new tactics, technologies, and operational 
     concepts that--
       (A) would provide a combat capability that is comparable to 
     the combat capability provided by anti-personnel landmines, 
     including anti-personnel landmines used in mixed mine 
     systems; and
       (B) comply with the Convention on the Prohibition of the 
     Use, Stockpiling, Production and Transfer of Anti-Personnel 
     Mines and on Their Destruction.
       (2) The amount available under paragraph (1) shall be 
     derived as follows:
       (A) $12,500,000 shall be available from amounts authorized 
     to be appropriated by section 201(1).
       (B) $4,700,000 shall be available from amounts authorized 
     to be appropriated by section 201(4).
       (b) Studies.--(1) Not later than 30 days after the date of 
     enactment of this Act, the Secretary of Defense shall enter 
     into a contract with each of two appropriate scientific 
     organizations for purposes of identifying existing and new 
     tactics, technologies, and concepts referred to in subsection 
     (a).
       (2) Each contract shall require the organization concerned 
     to submit a report to the Secretary and to Congress, not 
     later than one year after the execution of such contract, 
     describing the activities under such contract and including 
     recommendations with respect to the adaptation, modification, 
     and research and development of existing and new tactics, 
     technologies, and concepts identified under such contract.
       (3) Amounts available under subsection (a) shall be 
     available for purposes of the contracts under this 
     subsection.
       (c) Reports.--Not later than April 1 of each of 1999 
     through 2001, the Secretary shall submit to the congressional 
     defense committees a report describing the progress made in 
     identifying and deploying tactics, technologies, and concepts 
     referred to in subsection (a).
       (d) Definitions.--In this section:
       (1) Anti-personnel landmine.--The term ``anti-personnel 
     landmine'' has the meaning given the term ``anti-personnel 
     mine'' in Article 2 of the Convention on the Prohibition of 
     the Use, Stockpiling, Production and Transfer of Anti-
     Personnel Mines and on Their Destruction.
       (2) Mixed mine system.--The term ``mixed mine system'' 
     includes any system in which an anti-vehicle landmine or 
     other munition is constructed with or used with one or more 
     anti-personnel landmines, but does not include an anti-
     handling device as that term is defined in Article 2 of the 
     Convention on the Prohibition of the Use, Stockpiling, 
     Production and Transfer of Anti-Personnel Mines and on Their 
     Destruction.

  Mr. LEVIN. Mr. President, this amendment would provide legislative 
authority for the committee's recommendation to fully fund the budget 
request for alternatives to antipersonnel landmines, which would 
provide the Secretary of Defense authority to contract with scientific 
organizations to provide recommendations on research and development of 
tactics, technologies and concepts as alternatives to antipersonnel 
landmines.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The amendment (No. 2989) was agreed to.
  Mr. LEVIN. Mr. President, I move to reconsider the vote.
  Mr. WARNER. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. LEAHY. Mr. President, my amendment, which has been accepted by 
both sides, would authorize funding for the identification and 
development of atlernatives to anti-personnel landmines, including 
those used in mixed mine systems. I want to thank Chairman Thurmond and 
Senator Levin for their invaluable assistance, patience and support in 
getting this amendment adopted.
  This is a modest but important amendment. Contrary to what some 
misinformed people have suggested, it does not ban anti-personnel 
landmines. There is an international Convention that has been signed by 
126 nations, including every one of our NATO allies except Turkey, 
which bans the use, stockpiling, production, and transfer of anti-
personnel mines, but that is not this amendment. I mention it, though, 
because the White House recently committed the United States Government 
to sign that Convention when alternatives to anti-personnel mines are 
available, and to search aggressively for alternatives. They set a 
target date of 2006 for signing the Convention, and last September 
President Clinton announced that the United States will stop using 
anti-personnel mines outside Korea by 2003. It is my hope and 
expectation that by working together and with the resources to do the 
job, we can join the Convention by 2003. That is also about the same 
time that signatories to the Convention must have destroyed their 
stockpiles of anti-personnel mines, and when our NATO allies have said 
they want our mines removed from their territory. It is a logical 
deadline.
  As I have said, when the White House announced that the United States 
will sign the Convention when alternatives are available, they also 
committed to ``search aggressively'' for alternative tactics, 
technologies and/or operational concepts to anti-personnel mines that 
are compliant with the Convention. This amendment simply authorizes the 
next year of funds to do that--a total of $17,200,000 for fiscal year 
1999, and it calls for two separate studies to be done by independent 
scientific organizations. Although they are not named in the amendment, 
it is our intention and expectation that the Pentagon will initiate 
contracts with the National Academy of Sciences and the Rand 
Corporation to do the studies. Both are widely respected organizations 
that have done similar types of studies in the past. The National 
Academy estimates that such a study would take a year to complete and 
cost approximately $750,000. It is our hope that these studies will 
assist in steering the Pentagon in the right direction so rapid 
progress can be made in finding and deploying alternatives.
  Mr. President, there are respected, retired military officers who 
believe

[[Page S6998]]

that suitable alternatives already exist. They have done considerable 
research on existing weapons systems and are convinced that, since an 
effective minefield must be kept under constant observation, a 
combination of sensors and smart munitions that can destroy moving 
armored vehicles can provide a comparable combat capability to our 
mixed mine systems. Therefore, it may not be necessary to develop new 
technologies, because tactics, technologies and/or operational concepts 
may already exist that can be adapted, modified, or otherwise utilized 
with comparable effect. That is why the amendment refers explicitly to 
the ``adaptation, modification, and research and development,'' of both 
``existing and new tactics, technologies, and operational concepts.'' 
It is important that the search for alternatives explore all possible 
options.

  It is no secret that I had hoped that the United States would be 
among the first to sign the Convention when it was opened for signature 
in Ottawa last December. However, that was not to be, and since then I 
have sought to find a common approach so the United States could signal 
to the world our clear intention to join the Convention as soon as 
practicable. Over a period of months, General Ralston, the Vice 
Chairman of the Joint Chiefs of Staff, National Security Advisory Sandy 
Berger and I discussed a number of issues including a way for the 
United States to join the Convention in a manner that is acceptable to 
the Pentagon. We now have that commitment, and while it may be some 
years before the United States signs, there are interim steps we can 
take to support the Convention.
  We should urge other governments that have not yet signed, including 
Russia and China, to declare their intention to do so as soon as 
practicable, as we have. They too should undertake to remove whatever 
obstacles are in the way. We can also use the framework of the 
Convention to share technology, disclose mine stockpiles, identify 
mined areas, and support demining and assistance for mine victims.
  Mr. President, this has been a long time in coming. President Clinton 
first called on the Pentagon to search for alternatives to anti-
personnel mines back in 1994, and then for two years nothing happened. 
Then in May 1996 and again last September, he directed the Pentagon to 
do so. A few million dollars have been spent, but there has not been 
anything resembling a serious program. The prevailing attitude at the 
Pentagon has been that there are better uses of time and money, so 
let's do as little as possible and say we tried.
  Obviously, if the Pentagon wants to avoid finding alternatives to 
landmines they know how to do that. They can try to hold back the money 
for research, they can say they cannot find alternatives that do 
absolutely everything landmines do, and they can continue to overstate 
their need for landmines. This will be a test of their good faith. I 
would urge them to approach this with the kind of ``can-do'' attitude 
they like to be known for, and to look closely at the technologies they 
already have. As I have said before, if we can drive a rover on Mars 
from a laptop on Earth, we can do this. I am convinced that it is a 
matter of will and resources.
  General Ralston and Sandy Berger have pledged to make every effort to 
get the job done. Former Chairman of the Joint Chiefs of Staff, General 
David Jones, accepted President Clinton's offer to monitor the 
Pentagon's progress in finding alternatives. These are men of their 
word and I have no doubt that they will do everything possible to see 
this through. I will support them in every way possible.
  Again, I want to thank the managers of the bill, Chairman Thurmond 
and Senator Levin and their staffs.


                           Amendment No. 2990

  (Purpose: To re-establish the initiative relating to fair trade in 
                           automotive parts)

  Mr. LEVIN. Mr. President, I send an amendment to the desk and ask for 
its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Michigan [Mr. Levin] proposes an amendment 
     numbered 2990.

  The amendment is as follows:

       At the appropriate place, insert the following new title:
                TITLE ____FAIR TRADE IN AUTOMOTIVE PARTS

     SEC. ____01. SHORT TITLE.

       This title may be cited as the ``Fair Trade in Automotive 
     Parts Act of 1998''.

     SEC. ____02. DEFINITIONS.

       In this title:
       (1) Japanese markets.--The term ``Japanese markets'' refers 
     to markets, including markets in the United States and Japan, 
     where automotive parts and accessories, both original 
     equipment and aftermarket, are purchased for use in the 
     manufacture or repair of Japanese automobiles.
       (2) Japanese and other asian markets.--The term ``Japanese 
     and other Asian markets'' refers to markets, including 
     markets in the United States, Japan, and other Asian 
     countries, where automotive parts and accessories, both 
     original equipment and aftermarket, are purchased for use in 
     the manufacture or repair of Japanese, American, or other 
     Asian automobiles.

     SEC. ____03. RE-ESTABLISHMENT OF INITIATIVE ON AUTOMOTIVE 
                   PARTS SALES TO JAPAN.

       (a) In General.--The Secretary of Commerce shall re-
     establish the initiative to increase the sale of United 
     States made automotive parts and accessories to Japanese 
     markets.
       (b) Functions.--In carrying out this section, the Secretary 
     shall--
       (1) foster increased access for United States made 
     automotive parts and accessories to Japanese companies, 
     including specific consultations on access to Japanese 
     markets;
       (2) facilitate the exchange of information between United 
     States automotive parts manufacturers and the Japanese 
     automobile industry;
       (3) collect data and market information on the Japanese 
     automotive industry regarding needs, trends, and procurement 
     practices, including the types, volume, and frequency of 
     parts sales to Japanese automobile manufacturers;
       (4) establish contacts with Japanese automobile 
     manufacturers in order to facilitate contact between United 
     States automotive parts manufacturers and Japanese automobile 
     manufacturers;
       (5) report on and attempt to resolve disputes, policies or 
     practices, whether public or private, that result in barriers 
     to increased commerce between United States automotive parts 
     manufacturers and Japanese automobile manufacturers;
       (6) take actions to initiate periodic consultations with 
     officials of the Government of Japan regarding sales of 
     United States-made automotive parts in Japanese markets; and
       (7) transmit to Congress the annual report prepared by the 
     Special Advisory Committee under section ____04(c)(5).

     SEC. ____04. ESTABLISHMENT OF SPECIAL ADVISORY COMMITTEE ON 
                   AUTOMOTIVE PARTS SALES IN JAPANESE AND OTHER 
                   ASIAN MARKETS.

       (a) In General.--The Secretary of Commerce shall seek the 
     advice of the United States automotive parts industry in 
     carrying out this title.
       (b) Establishment of Committee.--The Secretary of Commerce 
     shall establish a Special Advisory Committee for purposes of 
     carrying out this title.
       (c) Functions.--The Special Advisory Committee established 
     under subsection (b) shall--
       (1) report to the Secretary of Commerce on barriers to 
     sales of United States-made automotive parts and accessories 
     in Japanese and other Asian markets;
       (2) review and consider data collected on sales of United 
     States-made automotive parts and accessories in Japanese and 
     other Asian markets;
       (3) advise the Secretary of Commerce during consultations 
     with other governments on issues concerning sales of United 
     States-made automotive parts in Japanese and other Asian 
     markets;
       (4) assist in establishing priorities for the initiative 
     established under section ____03, and otherwise provide 
     assistance and direction to the Secretary of Commerce in 
     carrying out the intent of that section; and
       (5) assist the Secretary in reporting to Congress by 
     submitting an annual written report to the Secretary on the 
     sale of United States-made automotive parts in Japanese and 
     other Asian markets, as well as any other issues with respect 
     to which the Committee provides advice pursuant to this 
     title.
       (d) Authority.--The Secretary of Commerce shall draw on 
     existing budget authority in carrying out this title.

     SEC. ____05. EXPIRATION DATE.

       The authority under this title shall expire on December 31, 
     2003.

  Mr. LEVIN. Mr. President, this amendment would reauthorize a special 
advisory committee on U.S. trade.
  The Auto Parts Advisory Committee (APAC) is an important private 
sector industry advisory group made up of American auto parts companies 
that advise the Commerce Department on auto parts trade negotiations 
with Japan and Asia.
  APAC was established by the Fair Trade in Auto Parts Act included in 
the Omnibus Trade and Competitiveness Act of 1988. It was reauthorized 
in 1995. APAC's authorization will expire at the end of this year.

[[Page S6999]]

  At a time of soaring U.S. trade deficits with Japan and the rest of 
Asia, continued market opening negotiations are critical to removing 
barriers and achieving deregulation in these automotive markets. The 
overall U.S. trade deficit with Japan can only be reduced if the 
automotive portion of that deficit--on average 60 percent of the 
total--is reduced. We must have the tools at our disposal to do this, 
including the cooperation and resolve of the private sector to present 
our trading partners with a united front to advance the U.S. 
negotiating position. Because of the unfair trade barriers U.S. 
automotive exports face in a number of Asian markets, this 
reauthorization language will expand APAC's parameters to allow it to 
advise the Administration on trade consultations in Japan and other 
Asian markets.
  APAC has done much to focus the attention and will of the U.S. 
government on finding a results-oriented solution to the auto parts 
problem with Japan. It has also played an important role in organizing 
an industry that is made up of thousands of diverse companies, many of 
them small businesses, to speak more with one voice with regard to the 
trade debate. This industry directly employs over 700,000. If we can 
open up foreign markets to U.S. auto parts exports we can create more 
high paying American manufacturing jobs in the auto parts industry. 
This is good for American workers, its good for U.S.-based auto parts 
companies and its good for our economy.
  APAC is able to provide our trade negotiators with insight on the 
U.S. auto parts industry and the specific barriers they confront in 
Japan and elsewhere in Asia. Often individual U.S. auto parts companies 
that are trying to enter these markets do not want to speak out 
individually about protectionist foreign trade barriers that they have 
encountered for fear that doing so could jeopardize potential business 
opportunities in the countries in question. That is an understandable 
concern and that is why the U.S. Government, with input from APAC 
advising the government as an industry, can and should speak up on 
behalf of American companies trying to break into foreign markets.
  In addition to its advisory role to the Commerce Department, APAC has 
also issued a number of useful studies and reports on the 
competitiveness of the United States auto parts industry and on the 
barriers to trade faced in selling to Japan. It has also issued reports 
and recommendations to the Commerce Department and the U.S. Congress on 
what steps must be taken to open Japan's markets to U.S. auto parts.
  The U.S. auto parts industry and the Administration support the 
extension of APAC so that it can continue its contribution to market 
opening efforts for the sale of U.S. auto parts in Japan and elsewhere 
in Asia.
  We should reauthorize APAC without delay so that its members can 
continue their good work advising our trade negotiators on auto parts 
trade in Japan and Asia.
  Mr. President, this amendment has been cleared on the other side, I 
believe.
  Mr. WARNER. That is correct.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The amendment (No. 2990) was agreed to.
  Mr. WARNER. Mr. President, I move to reconsider the vote.
  Mr. LEVIN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 2991

  (Purpose: To provide for accountability of the Director and Deputy 
                      Director of the Naval Home)

  Mr. WARNER. Mr. President, I send an amendment to the desk and ask 
for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Virginia [Mr. Warner], for Mr. Lott, 
     proposes an amendment numbered 2991.

  The amendment is as follows:

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

     SEC. 1064. APPOINTMENT OF DIRECTOR AND DEPUTY DIRECTOR OF THE 
                   NAVAL HOME.

       (a) Appointment and Qualifications of Director and Deputy 
     Director.--Subsection (a) of section 1517 of the Armed Forces 
     Retirement Home Act of 1991 (24 U.S.C. 417) is amended--
       (1) in paragraph (2)--
       (A) by striking out ``Each Director'' and inserting in lieu 
     thereof ``The Director of the United States Soldiers' and 
     Airmen's Home''; and
       (B) by striking out subparagraph (B) and inserting in lieu 
     thereof the following:
       ``(B) meet the requirements of paragraph (4).'';
       (2) by redesignating paragraph (3) as paragraph (5); and
       (3) by inserting after paragraph (2) the following new 
     paragraphs (3) and (4):
       ``(3) The Director, and any Deputy Director, of the Naval 
     Home shall be appointed by the Secretary of Defense from 
     among persons recommended by the Secretaries of the military 
     departments who--
       ``(A) in the case of the position of Director, are 
     commissioned officers of the Armed Forces serving on active 
     duty in a pay grade above 0-5;
       ``(B) in the case of the position of Deputy Director, are 
     commissioned officers of the Armed Forces serving on active 
     duty in a pay grade above 0-4; and
       ``(C) meet the requirements of paragraph (4).
       ``(4) Each Director shall have appropriate leadership and 
     management skills, an appreciation and understanding of the 
     culture and norms associated with military service, and 
     significant military background.''.
       (b) Term of Director and Deputy Director.--Subsection (c) 
     of such section is amended--
       (1) by striking out ``(c) Term of Direc- tor.--'' and all 
     that follows through ``A Director'' in the second sentence 
     and inserting in lieu thereof ``(c) Terms of Directors.--(1) 
     The term of office of the Director of the United States 
     Soldiers' and Airmen's Home shall be five years. The 
     Director''; and
       (2) by adding at the end the following new paragraph:
       ``(2) The Director and the Deputy Director of the Naval 
     Home shall serve at the pleasure of the Secretary of 
     Defense.''.
       (c) Definitions.--Such section is further amended by adding 
     at the end the following:
       ``(g) Definitions.--In this section:
       ``(1) The term `United States Soldiers' and Airmen's Home' 
     means the separate facility of the Retirement Home that is 
     known as the United States Soldiers' and Airmen's Home.
       ``(2) The term `Naval Home' means the separate facility of 
     the Retirement Home that is known as the Naval Home.''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 1998.

  Mr. WARNER. Mr. President, this amendment would provide for the 
accountability of the director and deputy director of the Naval Home.
  I urge adoption of the amendment.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The amendment (No. 2991) was agreed to.
  Mr. WARNER. Mr. President, I move to reconsider the vote.
  Mr. LEVIN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 2992

  (Purpose: To ensure continuity in the management of the program for 
  assessing alternative technologies for the destruction of assembled 
  chemical munitions, and to provide for the use of such technologies)

  Mr. WARNER. Mr. President, I send an amendment to the desk and ask 
for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Virginia [Mr. WARNER], for Mr. Ford, for 
     himself and Mr. McConnell, proposes an amendment numbered 
     2992.

  The amendment is as follows:

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

     SEC. 117. ALTERNATIVE TECHNOLOGIES FOR DESTRUCTION OF 
                   ASSEMBLED CHEMICAL WEAPONS.

       (a) Program Management.--The program manager for the 
     Assembled Chemical Weapons Assessment shall continue to 
     manage the development and testing (including demonstration 
     and pilot-scale testing) of technologies for the destruction 
     of lethal chemical munitions that are potential or 
     demonstrated alternatives to incineration. In performing such 
     function, the program manager shall act independently of the 
     program manager for the baseline chemical demilitarization 
     program and shall report to the Under Secretary of Defense 
     for Acquisition and Technology.
       (b) Post-Demonstration Activities.--(1) The program manager 
     for the Assembled Chemical Weapons Assessment may undertake 
     the activities that are necessary to ensure that an 
     alternative technology for the destruction of lethal chemical 
     munitions can be implemented immediately after--
       (A) the technology has been demonstrated successful; and
       (B) the Under Secretary of Defense for Acquisition and 
     Technology has submitted a report on the demonstration to 
     Congress.
       (2) To prepare for the immediate implementation of any such 
     technology, the program manager may, during fiscal years 1998 
     and 1999, take the following actions:

[[Page S7000]]

       (A) Establish program requirements.
       (B) Prepare procurement documentation.
       (C) Develop environmental documentation.
       (D) Identify and prepare to meet public outreach and public 
     participation requirements.
       (E) Prepare to award a contract for the design, 
     construction, and operation of a pilot facility for the 
     technology to the provider team for the technology not later 
     than June 1, 1999.
       (c) Independent Evaluation.--The Under Secretary of Defense 
     for Acquisition and Technology shall provide for two 
     evaluations of the cost and schedule of the Assembled 
     Chemical Weapons Assessment to be performed, and for each 
     such evaluation to be submitted to the Under Secretary, not 
     later than September 30, 1999. One of the evaluations shall 
     be performed by a nongovernmental organization qualified to 
     make such an evaluation, and the other evaluation shall be 
     performed separately by the Cost Analysis Improvement Group 
     of the Department of Defense.
       (d) Pilot Facilities Contracts.--(1) The Under Secretary of 
     Defense for Acquisition and Technology shall determine 
     whether to proceed with pilot-scale testing of a technology 
     referred to in paragraph (2) in time to award a contract for 
     the design, construction, and operation of a pilot facility 
     for the technology to the provider team for the technology 
     not later than December 30, 1999. If the Under Secretary 
     determines to proceed with such testing, the Under Secretary 
     shall (exercising the acquisition authority of the Secretary 
     of Defense) so award a contract not later than such date.
       (2) Paragraph (1) applies to an alternative technology for 
     the destruction of lethal chemical munitions, other than 
     incineration, that the Under Secretary--
       (A) certifies in writing to Congress is--
       (i) as safe and cost effective for disposing of assembled 
     chemical munitions as is incineration of such munitions; and
       (ii) is capable of completing the destruction of such 
     munitions on or before the later of the date by which the 
     destruction of the munitions would be completed if 
     incineration were used or the deadline date for completing 
     the destruction of the munitions under the Chemical Weapons 
     Convention; and
       (B) determines as satisfying the Federal and State 
     environmental and safety laws that are applicable to the use 
     of the technology and to the design, construction, and 
     operation of a pilot facility for use of the technology.
       (3) The Under Secretary shall consult with the National 
     Research Council in making determinations and certifications 
     for the purpose of paragraph (2).
       (4) In this subsection, the term ``Chemical Weapons 
     Convention'' means the Convention on the Prohibition of 
     Development, Production, Stockpiling and Use of Chemical 
     Weapons and on their Destruction, opened for signature on 
     January 13, 1993, together with related annexes and 
     associated documents.
       (e) Funding.--(1) Of the total amount authorized to be 
     appropriated under section 107, $18,000,000 shall be 
     available for the program manager for the Assembled Chemical 
     Weapons Assessment for the following:
       (A) Demonstrations of alternative technologies under the 
     Assembled Chemical Weapons Assessment.
       (B) Planning and preparation to proceed from demonstration 
     of an alternative technology immediately into the development 
     of a pilot-scale facility for the technology, including 
     planning and preparation for--
       (i) continued development of the technology leading to 
     deployment of the technology for use;
       (ii) satisfaction of requirements for environmental 
     permits;
       (iii) demonstration, testing, and evaluation;
       (iv) initiation of actions to design a pilot plant;
       (v) provision of support at the field office or depot level 
     for deployment of the technology for use; and
       (vi) educational outreach to the public to engender support 
     for the deployment.
       (C) The independent evaluation of cost and schedule 
     required under subsection (c).
       (2) Funds authorized to be appropriated under section 
     107(1) are authorized to be used for awarding contracts in 
     accordance with subsection (d) and for taking any other 
     action authorized in this section.
       (f) Assembled Chemical Weapons Assessment Defined.--In this 
     section, the term ``Assembled Chemical Weapons Assessment'' 
     means the pilot program carried out under section 8065 of the 
     Department of Defense Appropriations Act, 1997 (section 
     101(b) of Public Law 104-208; 110 Stat. 3009-101; 50 U.S.C. 
     1521 note).

  Mr. FORD. Mr. President, on July 17, 1996, President Clinton 
supported legislative language establishing a two-year ``pilot 
program'' to identify and demonstrate a safe and cost-effective 
technology for the destruction of chemical weapon munitions stockpiles.
  The language signed into law by the President directed the Under 
Secretary of Defense for Acquisition and Technology to designate a 
program and appoint an executive officer to carry out the pilot program 
who was not, nor had been, in direct or immediate control of the Army 
Baseline Chemical Incineration Demilitarization program.
  The legislation further prohibited the obligation of funds at two 
chemical weapons stockpile sites--Lexington Blue Grass Army Depot in 
Kentucky and the Pueblo Depot in Colorado--pending the outcome of the 
two-year research program.
  It is Senator McConnell's and my understanding that the Assembled 
Chemical Weapons Assessment (ACWA) program has been a success in its 
initial stages. The management team for ACWA has just completed 
selecting seven technology teams who will conduct further evaluations 
toward a possible demonstration phase later this year. Based on 
information received, I am encouraged that at least two of the non-
incineration technologies will be available for full scale testing by 
fiscal year 2000.
  I am also very impressed with the very effective ``dialogue'' process 
including local citizens, state regulators, environmental 
organizations, tribal representatives, and many others in building a 
consensus in the ACWA program. I'm hopeful this open exchange will help 
in the eventual deployment and operation of a non-incineration 
facility, ensuring the days of delay and distraction that have plagued 
the chemical demilitarization program will soon be over.
  Because of this success, I believe the ACWA ``dialogue'' will 
continue as a central part of the decision-making and consensus 
building in the Chemical Weapons Destruction program.
  Mr. President, the amendment we introduce today does many things in 
the area of chemical demilitarization. It directs that the ACWA program 
must continue its independence from the baseline incinerator program 
through the next phase of pilot and full scale development. This will 
prevent any break or pause in the ACWA program by disallowing any 
transfer of responsibility for the program while making sure it meets 
the Chemical Weapons Convention Treaty (CWC) deadlines.
  The program will stay under the direct supervision of the Under 
Secretary of Defense for Acquisition and Technology. The ACWA program 
manager will continue to act independently of the program manager for 
the Baseline Chemical Demilitarization Program.
  This amendment also provides $18 million additional dollars so the 
Program manager of ACWA can move forward to meet the CWC deadline of 
2007, which can be expanded until the year 2012. The additional funds 
authorized for chemical demilitarization for fiscal year 1999 will not 
come from the funds for the alternative technologies ``Bulk Pilot 
Program.''
  Mr. President, I want to thank the leadership of the Senate Armed 
Services Committee for accepting this amendment. I would also like to 
thank Ms. Monica Chavez and Mr. Richard Fieldhouse of the committee 
staff for working with my staff in developing this amendment. Also, Mr. 
Billy Piper, Senator  McConnell's military legislative assistant, 
should be commended for a job well done.
  Mr. McCONNELL. Mr. President, I rise today to join my colleague from 
Kentucky in support of an amendment to the Department of Defense 
Authorization Bill. I would like to thank the Senator for his support 
and assistance on this important initiative. In addition, I would like 
to thank the distinguished managers of the bill for their assistance.
  In 1996, I offered and the Senate accepted an amendment to the 
Department of Defense Appropriations bill which created the Alternative 
Technology Program. The mission of the program is to study alternative 
to incineration for destruction of our chemical weapons stockpiles.
  The amendment Senator Ford and I offer today continues this program, 
and ensures that it will remain independent and fully capable of 
carrying out its intended mission.
  Typically, when Senators offer amendments they rise to inform the 
body what their intentions are--what will their proposals do. I would 
like to take the opposite tack today, and tell the Senate what our 
amendment will not do.
  The Ford-McConnell amendment is not designed to delay or prevent the 
destruction of chemical weapons. The Senate ratified, and I supported, 
the chemical weapons convention which established a deadline by which 
all weapons must be destroyed. This amendment would not alter that 
agreement.

[[Page S7001]]

In fact, the amendment says that alternative technologies must be able 
to complete the destruction in the same timeframe as incineration.
  The Ford-McConnell amendment is not designed to scuttle the 
incineration program. Consistent with the legislation Congress passed 
in 1996, this measure continues the study and implementation of 
alternative technologies. At sites where incinerators are under 
construction or operating, that work will continue.
  What, then, does this amendment accomplish?
  First, it ensures that the Program Manager for the Assembled Chemical 
Weapons Assessment (ACWA) continues to operate independently of the 
incineration program, reporting directly to the Under Secretary of 
Defense for Acquisition and Technology. This is important in order to 
maintain the integrity of the program and protect the Program Manager's 
ability to make decisions in an efficient manner. To date, all involved 
have reported to both Senator Ford and me that ACWA has been 
successfully run. There has been a tremendous amount of citizen 
involvement. The result has been consensus not only on the direction 
the program is headed, but the methods it has employed.
  Equally important, the amendment makes it clear that the Program 
Manager for ACWA can move toward implementation of technology which 
meets several clearly defined criteria. These criteria include that the 
technology selected is at least as safe and cost-effective as 
incineration. We have included a reporting requirement for both the 
Under Secretary for Technology and Acquisition as well as the Cost 
Analysis Improvement Group of the Department of Defense, to report to 
Congress on the cost and schedule of potential implementation.
  As for the timing of the amendment, it clearly states that no 
alternative technology may be implemented unless it can be determined 
that it will lead to the destruction of stockpiles no later than the 
date by which incineration could do so. This is an important point, Mr. 
President. Senator Ford and I have no desire to prolong the schedule 
for destruction of our stockpiles, we merely ask that any alternatives 
to incineration be held to the same standards as are currently in 
place.
  Mr. President, why have Senator Ford and I taken the Senate's time 
with this amendment? Quite simply, I remain disappointed with the 
Army's incineration program. It is grossly over budget and behind 
schedule. If it is possible to develop an alternative to incineration 
which is safe, and can accomplish the goals of our current program, 
then I believe Congress should support that endeavor.
  Finally, and most importantly, Senator Ford and I rise on behalf of 
our constituents in central Kentucky. They live every day with the 
knowledge that thousands of rockets containing lethal nerve agents are 
stored just minutes from their homes. We owe it to these Kentuckians to 
exhaust every option in order to eliminate these weapons in the safest 
manner possible.
  Mr. WARNER. Mr. President, this amendment would maintain the current 
program manager for the assembled chemical weapons assessment program, 
as well as provide authority for the ACWA program manager to undertake 
the necessary activities to conduct demonstrations and pilot-scale 
testing of alternative technologies for destruction of lethal chemical 
munitions. The amendment would also provide for valuations of the 
alternative technologies by nongovernmental organizations and would 
make available $18 million from funds authorized to the chemical 
demilitarization program.
  I believe this amendment has been cleared by the other side.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The amendment (No. 2992) was agreed to.
  Mr. WARNER. Mr. President, I move to reconsider the vote.
  Mr. LEVIN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 2993

(Purpose: To authorize the President to advance Benjamin O. Davis, Jr., 
     to the grade of general on the retired list of the Air Force)

  Mr. WARNER. Mr. President, on behalf of Senators McCain and 
Lieberman, I offer an amendment that would authorize the President to 
promote Benjamin O. Davis, Jr., to the rank of general on the retired 
list.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Virginia [Mr. Warner], for Mr. McCain, Mr. 
     Lieberman, Mr. Warner, and Mr. Levin, proposes an amendment 
     numbered 2993.

  The amendment is as follows:

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

     SEC. 531 ADVANCEMENT OF BENJAMIN O. DAVIS, JUNIOR, TO GRADE 
                   OF GENERAL.

       (a) Authority.--The President is authorized to advance 
     Benjamin O. Davis, Junior, to the grade of general on the 
     retired list of the Air Force.
       (b) Additional Benefits Not To Accrue.--An advancement of 
     Benjamin O. Davis, Junior, to the grade of general on the 
     retired list of the Air Force under subsection (a) shall not 
     increase or change the compensation or benefits from the 
     United States to which any person is now or may in the future 
     be entitled based upon the military service of the said 
     Benjamin O. Davis, Junior.

  Mr. McCAIN. Mr. President, today, we have a historic opportunity to 
honor one of America's truly heroic pioneers. Lieutenant General 
Benjamin O. Davis, Jr., United States Air Force (ret), has earned a 
hallowed place in the history of our armed forces, the history of our 
great nation, and arguably, the history of mankind.
  Today, in order to pay a just and fitting tribute to the exceptional 
contributions of Lt. General Davis, I offer this amendment that would 
authorize the President of the United States to promote Benjamin O. 
Davis, Jr., to the rank of General on the retired list of the United 
States Air Force. This promotion would not entail any additional pay or 
benefits for General Davis or his family.
  Lt. General Benjamin Davis's life has epitomized sustained superior 
performance in the face of singularly distinctive challenges. Though 
given the ``silent treatment,'' he graduated 35th in a class of 276 as 
the first African American graduate of the 20th century from the United 
States Military Academy at West Point. He was the first African 
American officer in the Army Air Forces, and was a member of the first 
African American pilot training class held at Tuskegee Army Airfield, 
Alabama. He led the 99th Pursuit Squadron and 332nd Fighter Group--
known as the Tuskegee Airmen--into air combat over many locations in 
the European Theater of Operations.
  Following the integration of the Air Force, Colonel Davis held 
several significant commands. He was Commander of the 51st Fighter 
Interceptor Wing, Suwon, Korea. After promotion to Brigadier General in 
1954, he served as director of operations and training at headquarters, 
Far East Air Forces, Tokyo, Japan. Brigadier General Davis was the 
first and only African American General Officer from 1954 through the 
1970s.
  General Davis was promoted to Major General in 1959 and Lieutenant 
General in 1965. Lt. General Davis retired from the active Air Force in 
1970. He later served as Assistant Secretary of Transportation from 
1971 to 1975.
  Lt. General Davis holds five honorary doctorate degrees, has served 
on numerous public and private panels, and has been the deserving 
recipient of numerous other distinguished honors.
  Though Lt. General Benjamin Davis's record is replete with laudable 
accomplishments, those accomplishments are all the more inspiring and 
significant when viewed against the backdrop of the time in America's 
history in which they occurred.
  His perseverance against the prejudices of his day showed his great 
depth of character. His unqualified successes in the face of those 
prejudices not only were a credit to himself, but they served as 
catalysts for societal change--change that not only has directly 
impacted the life of every American, but change that has arguably 
affected the world. America owes him a great debt of gratitude.
  Mr. President, the singularly distinctive accomplishments of Benjamin 
O. Davis Jr., make him uniquely qualified to receive this tremendous 
honor, an honor I do not propose lightly. I ask my colleagues' 
unanimous support for this amendment. There is no one more deserving, 
and no better way to express the gratitude of a grateful nation.

[[Page S7002]]

  Mr. LEVIN. The amendment has been cleared on this side, Mr. 
President.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The amendment (No. 2993) was agreed to.
  Mr. WARNER. Mr. President, I move to reconsider the vote by which the 
amendment was agreed to.
  Mr. LEVIN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. LEVIN. I ask unanimous consent that I be added as a cosponsor on 
this amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. WARNER. Mr. President, I likewise wish to be added as a cosponsor 
to that amendment for the very distinguished officer in our military.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 2994

   (Purpose: To require a report regarding the savings and effect of 
           personnel reductions in the Army Materiel Command)

  Mr. LEVIN. Mr. President, on behalf of Senators Torricelli and 
Lautenberg, I offer an amendment which would require the Department of 
Defense to provide a report to Congress on the readiness impact of 
proposed personnel reductions of the Army Materiel Command.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Michigan [Mr. Levin], for Mr. Torricelli 
     and Mr. Lautenberg, proposes an amendment numbered 2994.

  The amendment is as follows:

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

     SEC. 350. PERSONNEL REDUCTIONS IN ARMY MATERIEL COMMAND.

       Not later than March 31, 1998, the Comptroller General 
     shall submit to the congressional defense committees a report 
     concerning--
       (1) the effect that the Quadrennial Defense Review's 
     proposed personnel reductions in the Army Materiel Command 
     will have on workload and readiness if implemented; and
       (2) the projected cost savings from such reductions and the 
     manner in which such savings are expected to be achieved.

  Mr. WARNER. This amendment has been cleared on both sides.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The amendment (No. 2994) was agreed to.
  Mr. LEVIN. Mr. President, I move to reconsider the vote by which the 
amendment was agreed to.
  Mr. WARNER. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 2995

  (Purpose: To authorize a land conveyance, Naval Air Reserve Center, 
                        Minneapolis, Minnesota)

  Mr. WARNER. Mr. President, on behalf of Senators Grams and Wellstone, 
I offer an amendment which would authorize the land conveyance, without 
consideration from the Naval Air Reserve Center in Minneapolis, MN, to 
the Minneapolis-St. Paul Metropolitan Airports Commission.
  I believe this has been cleared on the other side.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Virginia [Mr. Warner], for Mr. Grams and 
     Mr. Wellstone, proposes an amendment numbered 2995.

  The amendment is as follows:

       On page 342, below line 22, add the following:

     SEC. 2827. LAND CONVEYANCE, NAVAL AIR RESERVE CENTER, 
                   MINNEAPOLIS, MINNESOTA.

       (a) Conveyance Authorized.--The Secretary of the Navy may 
     convey, without any consideration other than the 
     consideration provided for under subsection (c), to the 
     Minneapolis-St. Paul Metropolitan Airports Commission, 
     Minnesota (in this section referred to as the 
     ``Commission''), all right, title, and interest of the United 
     States in and to a parcel of real property, including 
     improvements thereon, consisting of approximately 32 acres 
     located in Minneapolis, Minnesota, and comprising the Naval 
     Air Reserve Center, Minneapolis, Minnesota. The purpose of 
     the conveyance is to facilitate expansion of the Minneapolis-
     St. Paul International Airport.
       (b) Alternative Lease Authority.--(1) The Secretary may, in 
     lieu of the conveyance authorized by subsection (a), elect to 
     lease the property referred to in that subsection to the 
     Commission if the Secretary determines that a lease of the 
     property would better serve the interests of the United 
     States.
       (2) Notwithstanding any other provision of law, the term of 
     the lease under this subsection may not exceed 99 years.
       (3) The Secretary may not require any consideration as part 
     of the lease under this subsection other than the 
     consideration provided for under subsection (c).
       (c) Consideration.--As consideration for the conveyance 
     under subsection (a), or the lease under subsection (b), the 
     Commission shall--
       (1) provide for such facilities as the Secretary considers 
     appropriate for the Naval Reserve to replace the facilities 
     conveyed or leased under this section--
       (A) by--
       (i) conveying to the United States, without any 
     consideration other than the consideration provided for under 
     subsection (a), all right, title, and interest in and to a 
     parcel of real property determined by the Secretary to be an 
     appropriate location for such facilities, if the Secretary 
     elects to make the conveyance authorized by subsection (a); 
     or
       (ii) leasing to the United States, for a term of 99 years 
     and without any consideration other than the consideration 
     provided for under subsection (b), a parcel of real property 
     determined by the Secretary to be an appropriate location for 
     such facilities, if the Secretary elects to make the lease 
     authorized by subsection (b); and
       (B) assuming the costs of designing and constructing such 
     facilities on the parcel conveyed or leased under 
     subparagraph (A); and
       (2) assume any reasonable costs incurred by the Secretary 
     in relocating the operations of the Naval Air Reserve Center 
     to the facilities constructed under paragraph (1)(B).
       (d) Requirement Relating to Conveyance.--The Secretary may 
     not make the conveyance authorized by subsection (a), or 
     enter into the lease authorized by subsection (b), until the 
     facilities to be constructed under subsection (c) are 
     available for the relocation of the operations of the Naval 
     Air Reserve Center.
       (e) Agreement Relating to Conveyance.--If the Secretary 
     determines to proceed with the conveyance authorized by 
     subsection (a), or the lease authorized by subsection (b), 
     the Secretary and the Commission shall enter into an 
     agreement specifying the terms and conditions under which the 
     conveyance or lease will occur.
       (f) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a), or leased under subsection (b), and to be 
     conveyed or leased under subsection (c)(1)(A), shall be 
     determined by surveys satisfactory to the Secretary. The cost 
     of the surveys shall be borne by the Commission.
       (g) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a), or the lease under 
     subsection (b), as the Secretary considers appropriate to 
     protect the interests of the United States.

  Mr. GRAMS. Mr. President, my amendment will accomplish two important 
goals. It will provide the Naval Air Reserve with new facilities to 
better meet its training needs and will facilitate the development of 
the Minneapolis/St. Paul International Airport to serve all 
Minnesotans.
  This amendment authorizes the Secretary of the Navy to convey or 
lease a parcel of property which includes the current Naval Air Reserve 
Center to the Minnesota Airports Commission. In return, the Minnesota 
Airports Commission will assume the costs of designing and constructing 
facilities that the Secretary of the Navy considers appropriate for the 
Naval Air Reserve as well as any reasonable relocation expenses.
  Mr. President, it is my understanding that the Navy, the Minnesota 
Airports Commission, and the Federal Aviation Administration support 
this amendment. This is a win-win proposition for the Navy and the 
traveling public.
  Mr. LEVIN. The amendment has been cleared, Mr. President.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The amendment (No. 2995) was agreed to.
  Mr. WARNER. Mr. President, I move to reconsider the vote by which the 
amendment was agreed to.
  Mr. LEVIN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 2996

(Purpose: To authorize a land conveyance, Army Reserve Center, Peoria, 
                               Illinois)

  Mr. LEVIN. Mr. President, on behalf of Senator Durbin, I offer an 
amendment which would convey, without consideration, a former Army 
Reserve Center in Peoria, IL, to the Peoria School District for 
educational purposes.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Michigan (Mr. Levin), for Mr. Durbin, 
     proposes an amendment numbered 2996.


[[Page S7003]]


  The amendment is as follows:

       On page 342, below line 22, add the following:

     SEC. 2827. LAND CONVEYANCE, ARMY RESERVE CENTER, PEORIA, 
                   ILLINOIS

       (a) Conveyance Authorized.--The Secretary of the Army may 
     convey, without consideration, to the Peoria School District 
     #150 of Peoria, Illinois (in this section referred to as the 
     ``School District''), all right, title, and interest of the 
     United States in and to a parcel of real property (including 
     improvements thereon) comprising the location of the Army 
     Reserve Center located at 1429 Northmoor Road in Peoria, 
     Illinois, for the purposes of staff, student and community 
     education and training, additional maintenance and 
     transportation facilities, and for other purposes.
       (b) 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 School District.
       (c) Reversion.--If the Secretary determines at any time 
     that the real property conveyed under subsection (a) is not 
     being used in accordance with subsection (a), all right, 
     title, and interest in and to the real property, including 
     any improvements thereon, shall revert to the United States, 
     and the United States shall have the right of immediate entry 
     thereon.
       (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.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The amendment (No. 2996) was agreed to.
  Mr. LEVIN. Mr. President, I move to reconsider the vote by which the 
amendment was agreed to.
  Mr. WARNER. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. WARNER. Let the record reflect the amendment was agreed to on 
both sides.


                           Amendment No. 2997

    (Purpose: To authorize a land conveyance, Skaneateles, New York)

  Mr. WARNER. Mr. President, on behalf of Senator D'Amato, I offer an 
amendment which would convey as a public benefit conveyance of 
approximately 147 acres of excess property in the town of S-K-A-N-E-A-
T-E-L-E-S, NY, for recreational use.
  I believe this amendment has been cleared.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Virginia (Mr. Warner), for Mr. D'Amato, 
     proposes an amendment numbered 2997.

  The amendment is as follows:

       On page 342, below line 22, add the following:

     SEC. 2827. LAND CONVEYANCE, SKANEATELES, NEW YORK.

       (a) Conveyance Authorized.--The Secretary of the Army may 
     convey, without consideration, to the Town of Skaneateles, 
     New York (in this section referred to as the ``Town''), all 
     right, title, and interest of the United States in and to a 
     parcel of real property, together with any improvements 
     thereon, consisting of approximately 147.10 acres in 
     Skaneateles, New York, and commonly known as the ``Federal 
     Farm''. The purpose of the conveyance is to permit the Town 
     to develop the parcel for public benefit, including for 
     recreational purposes.
       (b) Reversion.--If the Secretary determines at any time 
     that the real property conveyed under subsection (a) is not 
     being used by the Town in accordance with that subsection, 
     all right, title, and interest in and to the real property, 
     including any improvements thereon, shall revert to the 
     United States, and the United States shall have the right of 
     immediate entry thereon.
       (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 Town.
       (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 interest of the United 
     States.

  Mr. LEVIN. Mr. President, the amendment has been cleared.
  On behalf of Senator D'Amato, I will make an effort at pronouncing 
the town of Skaneateles.
  Mr. WARNER. I thank my good friend and colleague.
  Mr. LEVIN. I hope I didn't blow it.
  Mr. WARNER. I will work diligently to try to get that proper 
pronunciation. I thought I would be of assistance to those taking down 
the notes if I spelled it out.
  Mr. LEVIN. I think the reporter appreciated your effort a lot more 
than the folks in New York appreciated my efforts.
  Mr. WARNER. That is correct. You got the votes. I will pick up what 
is left.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The amendment (No. 2997) was agreed to.
  Mr. WARNER. Mr. President, I move to reconsider the vote by which the 
amendment was agreed to.
  Mr. LEVIN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                    Amendment No. 2874, As Modified

  Mr. LEVIN. Mr. President, on behalf of Senator Wyden, I call up an 
amendment No. 2874, as modified, which would require the General 
Accounting Office to report on methods used to calculate overhead costs 
at the Department of Energy cleanup sites.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Michigan (Mr. Levin), for Mr. Wyden, 
     proposes an amendment numbered 2874, as modified.

  The amendment is as follows:

       On page 398, between lines 9 and 10, insert the following:

     SEC. 3144. REVIEW OF CALCULATION OF OVERHEAD COSTS OF CLEANUP 
                   AT DEPARTMENT OF ENERGY SITES.

       (a) Review.--(1) The Comptroller General shall--
       (A) carry out a review of the methods currently used by the 
     Department of Energy for calculating overhead costs 
     (including direct overhead costs and indirect overhead costs) 
     associated with the cleanup of Department sites; and
       (B) pursuant to the review, identify how such costs are 
     allocated among different program and budget accounts of the 
     Department.
       (2) The review shall include the following:
       (A) All activities whose costs are spread across other 
     accounts of a Department site or of any contractor performing 
     work at a site.
       (B) Support service overhead costs, including activities or 
     services which are paid for on a per-unit-used basis.
       (C) All fees, awards, and other profit on indirect and 
     support service overhead costs or fees that are not 
     attributed to performance on a single project.
       (D) Any portion of contractor costs for which there is no 
     competitive bid.
       (E) All computer service and information management costs 
     that have been previously reported as overhead costs.
       (F) Any other costs that the Comptroller General considers 
     appropriate to categorize as direct or indirect overhead 
     costs.
       (b) Report.--Not later than January 31, 1999, the 
     Comptroller General shall submit to Congress a report setting 
     forth the findings of the Comptroller as a result of the 
     review under subsection (a). The report shall include the 
     recommendations of the Comptroller regarding means of 
     standardizing the methods used by the Department for 
     allocating and reporting overhead costs associated with the 
     cleanup of Department sites.

  Mr. WARNER. Mr. President, this amendment has been cleared.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The amendment (No. 2874), as modified, was agreed to.
  Mr. LEVIN. Mr. President, I move to reconsider the vote by which the 
amendment was agreed to.
  Mr. WARNER. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 2998

  (Purpose: To revise authorities relating to a Department of Defense 
     officer designated as a member of the Panama Canal Commission 
             supervisory board by the Secretary of Defense)

  Mr. WARNER. Mr. President, on behalf of Senator Coats, I offer an 
amendment which provides authority to the Secretary of Defense to 
designate a Department of Defense official to be a Member of the Panama 
Canal Commission supervisory board.
  I believe this amendment has been cleared.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Virginia [Mr. Warner], for Mr. Coats, 
     proposes an amendment numbered 2998.

  The amendment is as follows:
       At the end of title XXXV, add the following:

     SEC. 3513. OFFICER OF THE DEPARTMENT OF DEFENSE DESIGNATED AS 
                   A MEMBER OF THE PANAMA CANAL COMMISSION 
                   SUPERVISORY BOARD.

       (a) Authority.--Section 1102(a) (22 U.S.C. 3612(a)) is 
     amended--

[[Page S7004]]

       (1) by striking out the first sentence and inserting in 
     lieu thereof the following: ``The Commission shall be 
     supervised by a Board composed of nine members. An officer of 
     the Department of Defense designated by the Secretary of 
     Defense shall be one of the members of the Board.''; and
       (2) in the last sentence, by striking out ``Secretary of 
     Defense or a designee of the Secretary of Defense'' and 
     inserting in lieu thereof ``the officer of the Department of 
     Defense designated by the Secretary of Defense to be a member 
     of the Board''.
       (b) Repeal of Superseded Provision.--Section 302 of Public 
     Law 105-18 (111 Stat. 168) is repealed.

  Mr. LEVIN. The amendment has been cleared.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The amendment (No. 2998) was agreed to.
  Mr. WARNER. Mr. President, I move to reconsider the vote.
  Mr. LEVIN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 2809

  (Purpose: To require an annual GAO review of the F/A-18E/F aircraft 
                                program)

  Mr. LEVIN. Mr. President, on behalf of Senator Feingold, I call up 
amendment 2809 which would require a study of the F/A-18E/F.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Michigan [Mr. Levin], for Mr. Feingold, 
     proposes an amendment numbered 2809.

  The amendment is as follows:

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

     SEC. 1031. ANNUAL GAO REVIEW OF F/A-18E/F AIRCRAFT PROGRAM.

       (a) Review and Report Required.--Not later than June 15 of 
     each year, the Comptroller General shall review the F/A-18E/F 
     aircraft program and submit to Congress a report on the 
     results of the review. The Comptroller General shall also 
     submit to Congress with each report a certification regarding 
     whether the Comptroller General has had access to sufficient 
     information to make informed judgments on the matters covered 
     by the report.
       (b) Content of Report.--The report submitted on the program 
     each year shall include the following:
       (1) The extent to which engineering and manufacturing 
     development and operational test and evaluation under the 
     program are meeting the goals established for engineering and 
     manufacturing development and operational test and evaluation 
     under the program, including the performance, cost, and 
     schedule goals.
       (2) The status of modifications expected to have a 
     significant effect on the cost or performance of the F/A-18E/
     F aircraft.
       (c) Duration of Requirement.--The Comptroller General shall 
     submit the first report under this section not later than 
     June 15, 1999. No report is required under this section after 
     the full rate production contract is awarded under the 
     program.
       (d) Requirement to Support Annual GAO Review.--The 
     Secretary of Defense and the prime contractors under the F/A-
     18E/F aircraft program shall timely provide the Comptroller 
     General with such information on the program, including 
     information on program performance, as the Comptroller 
     General considers necessary to carry out the responsibilities 
     under this section.

  Mr. COATS. Mr. President, the amendment from the Senator from 
Wisconsin directs a study of the F/A-18E/F program. I recommended that 
we accept his amendment as a courtesy, and to move the Defense 
Authorization Bill along. Accepting the amendment in no way diminishes 
the committee's support for the program and its demonstrated 
performance in over 2,900 hours of test flying.
  Mr. President, the F/A-18E/F program has a history of providing audit 
agencies with unlimited access to all personnel and data required. The 
F/A-18E/F program is now entering its last year of Engineering and 
Manufacturing Development (EMD). The development program continues its 
unprecedented success: on schedule, on cost, and meeting or exceeding 
specified performance. Approximately 70% of the EMD flight test program 
is complete. Besides successful developmental tests, three successful 
Operational Testing periods were completed between January 1996 and 
March 1998.
  The Department of Defense has a structured process for providing 
oversight on acquisition programs. The process includes Working Level 
Integrated Product Teams (WLIPTs), Integrated Integrating Product Teams 
(IIPT) and Overarching Integrated Product Teams (OIPTs). These teams, 
made up of members from the Navy, Joint Chiefs of Staff and Office of 
the Secretary of Defense staffs, have worked well to keep Defense 
Department leadership, as well as Congress, apprised of the progress.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The amendment (No. 2809) was agreed to.
  Mr. LEVIN. Mr. President, I move to reconsider the vote.
  Mr. WARNER. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. WARNER. The record should reflect we concur, Mr. President.


                           Amendment No. 2826

 (Purpose: To authorize the conveyance of the ex-U.S.S. Lorain County 
       (LST-1177) to the Ohio War Memorial, Inc., Sandusky, Ohio)

  Mr. WARNER. Mr. President, on behalf of Senators DeWine and Glenn, I 
call up amendment 2826 which would authorize the Secretary of 
Transportation to convey at no cost to the Government a surplus 
National Defense Reserve Fleet Ship, the ex-U.S.S. Lorain County, to a 
nonprofit organization for use as a memorial to Ohio veterans.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Virginia [Mr. Warner], for Mr. DeWine, for 
     himself, and Mr. Glenn, proposes an amendment numbered 2826.

  The amendment is as follows:

       On page 204, below line 22, add the following:

     SEC. 1014. CONVEYANCE OF NDRF VESSEL EX-USS LORAIN COUNTY.

       (a) Authority To Convey.--The Secretary of Transportation 
     may convey all right, title, and interest of the Federal 
     Government in and to the vessel ex-USS LORAIN COUNTY (LST-
     1177) to the Ohio War Memorial, Inc., located in Sandusky, 
     Ohio (in this section referred to as the ``recipient''), for 
     use as a memorial to Ohio veterans.
       (b) Terms of Conveyance.--
       (1) Delivery of vessel.--In carrying out subsection (a), 
     the Secretary shall deliver the vessel--
       (A) at the place where the vessel is located on the date of 
     conveyance;
       (B) in its condition on that date; and
       (C) at no cost to the Federal Government.
       (2) Required conditions.--The Secretary may not convey a 
     vessel under this section unless--
       (A) the recipient agrees to hold the Government harmless 
     for any claims arising from exposure to hazardous materials, 
     including asbestos and polychlorinated biphenyls, after 
     conveyance of the vessel, except for claims arising before 
     the date of the conveyance of from use of the vessel by the 
     Government after that date; and
       (B) the recipient has available, for use to restore the 
     vessel, in the form of cash, liquid assets, or a written loan 
     commitment, financial resources of at least $100,000.
       (3) Additional terms.--The Secretary may require such 
     additional terms and conditions in connection with the 
     conveyance authorized by this section as the Secretary 
     considers appropriate.
       (c) Other Unneeded Equipment.--The Secretary may convey to 
     the recipient of the vessel conveyed under this section any 
     unneeded equipment from other vessels in the National Defense 
     Reserve Fleet, for use to restore the vessel conveyed under 
     this section to museum quality.

  Mr. DeWINE. Mr. President, I am pleased to join with my colleague 
from Ohio, Senator Glenn, to offer an amendment to restore a piece of 
history for our veterans. This may be the last opportunity we have to 
bring an Ohio-built ship back to the state of Ohio--where so many U.S. 
Navy ships were built. Our amendment would allow for the restoration of 
the tank landing ship, the U.S.S. Lorain County  (LST-1177), so that it 
may be restored and serve as a memorial to Ohio veterans.
  A number of individuals deserve credit for this initiative. First, I 
commend my friend and colleague Congressman Paul Gillmor. Congressman 
Gillmor is a true friend of Ohio Veterans. He took the lead in adding 
similar legislation to the House of Representatives' version of the 
Defense Authorization Bill. Secondly, I would like to recognize the 
efforts of the members of Ohio War Memorial, Inc. Their patriotic 
devotion to this memorial is very worthwhile and highly admirable.
  The U.S.S. Lorain County was built during the 1956-58 time period by 
Lorain County's American Shipbuilding Company. She spent 14 years on 
active duty as a part of the U.S. Navy's Amphibious Force in the 
Atlantic, Mediterranean, and the Caribbean. She completed distinguished 
service and was decommissioned in 1972.

[[Page S7005]]

  The Lorain County is presently in Virginia and she is intact and in 
good condition. Without this amendment, she likely will be sold for 
scrap metal. So this is our last opportunity to save and utilize this 
ship as a memorial to all of those who not only built the mighty ships 
of the U.S. Navy, but to those dedicated veterans who served on them as 
well.
  This amendment would not impose any cost to the Federal Government 
and would allow Ohio War Memorial, Inc., a private, nonprofit citizens 
group, enoght time to raise the funds needed to return the ship to 
Ohio, renovate it, and turn it into a memorial that every veteran from, 
or visiting the state of Ohio would be proud to see.
  Mr. President, I ruge my colleagues to support this effort to save 
this piece of history.
  Mr. LEVIN. The amendment has been cleared, Mr. President.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The Amendment (No. 2826) was agreed to.
  Mr. WARNER. Mr. President, I move to reconsider the vote.
  Mr. LEVIN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 2999

 (Purpose: To guarantee the long-term national security of the United 
States by investing in a robust Defense Science and Technology Program)

  Mr. LEVIN. Mr. President, on behalf of Senators Bingaman, Santorum, 
Lieberman, Lott and Frist, I offer an amendment which would express the 
sense of the Senate there should be a 10-year objective for the 
Secretary of Defense for increasing funding for science and technology 
programs and a 10-year objective for the Secretary of Energy for 
increasing funding of nonproliferation science and technology programs.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Michigan [Mr. Levin], for Mr. Bingaman, 
     for himself, Mr. Santorum, Mr. Lieberman, Mr. Lott and Mr. 
     Frist, proposes an amendment numbered 2999.

  The amendment is as follows:

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

     ``SEC. 1064. SENSE OF THE CONGRESS ON THE DEFENSE SCIENCE AND 
                   TECHNOLOGY PROGRAM.

       ``(a) Funding Requirements for the Defense Science and 
     Technology Program Budget.--It is the sense of the Congress 
     that for each of the fiscal years 2000 through 2008, it 
     should be an objective of the Secretary of Defense to 
     increase the budget for the Defense Science and Technology 
     Program for the fiscal year over the budget for that program 
     for the preceding fiscal year by a percent that is at least 
     two percent above the rate of inflation as determined by the 
     Office of Management and Budget.
       ``(b) Guidelines for the Defense Science and Technology 
     Program.
       ``(1) Relationship of Defense Science and Technology 
     Program to University Research.--It is the sense of the 
     Congress that the following should be key objectives of the 
     Defense Science and Technology Program--
       ``(A) the sustainment of research capabilities in 
     scientific and engineering disciplines critical to the 
     Department of Defense;
       ``(B) the education and training of the next generation of 
     scientists and engineers in disciplines that are relevant to 
     future Defense systems, particularly through the conduct of 
     basic research; and
       ``(C) the continued support of the Defense Experimental 
     Program to Stimulate Competitive Research and research 
     programs at historically black colleges and universities and 
     minority institutions.
       ``(2) Relationship of the defense science and technology 
     program to commercial research and technology.
       ``(A) It is the sense of the Congress that in supporting 
     projects within the Defense Science and Technology Program, 
     the Secretary of Defense should attempt to leverage 
     commercial research, technology, products, and processes for 
     the benefit of the Department of Defense.
       ``(B) It is the sense of the Congress that funds made 
     available for projects and programs of the Defense Science 
     and Technology Program should be used only for the benefit of 
     the Department of Defense, which includes--
       ``(i) the development of technology that has only military 
     applications;
       ``(ii) the development of militarily useful, commercially 
     viable technology; or
       ``(iii) the adaption of commercial technology, products, or 
     processes for military purposes.
       ``(3) Sunergistic management of research and development.--
     It is the sense of the Congress that the Secretary of Defense 
     may allocate a combination of funds available for the 
     Department of Defense for basic and applied research and for 
     advanced development to support any individual project or 
     program within the Defense Science and Technology Program. 
     This flexibility is not intended to change the allocation of 
     funds in any fiscal year among basic and applied research and 
     advanced development.
       ``(c) Definitions.--In this section:
       ``(1) The term ``Defense Science and Technology Program'' 
     means basic and applied research and advanced development.
       ``(2) The term ``basic and applied research'' means work 
     funded in program elements for defense research and 
     development under Department of Defense R&D Budget Activities 
     1 or 2.
       ``(3) The term ``advanced development'' means work funded 
     in program elements for defense research and development 
     under Department of Defense R&D Budget Activity 3.''.
       On page 398, between lines 9 and 10, insert the following:

     ``SEC. 3144. SENSE OF THE CONGRESS ON FUNDING REQUIREMENTS 
                   FOR THE NONPROLIFERATION SCIENCE AND TECHNOLOGY 
                   ACTIVITIES OF THE DEPARTMENT OF ENERGY

       ``(a) Funding Requirements for the Nonproliferation Science 
     and Technology Activities Budget.--It is the sense of the 
     Congress that for each of the fiscal years 2000 through 2008, 
     it should be an objective of the Secretary of Energy to 
     increase the budget for the nonproliferation science and 
     technology activities for the fiscal year over the budget for 
     those activities for the preceding fiscal year by a percent 
     that is at least two percent above the rate of inflation as 
     determined by the Office of Management and Budget.
       ``(b) Nonproliferation Science and Technology Activities 
     Defined.--In this section, the term ``nonproliferation 
     science and technology activities'' means activities 
     (including program direction activities) relating to 
     preventing and countering the proliferation of weapons of 
     mass destruction that are funded by the Department of Energy 
     under the following programs and projects:
       ``(1) The Verification and Control Technology program 
     within the Office of Nonproliferation and National Security;
       ``(2) Projects under the ``Technology and Systems 
     Development'' element of the Nuclear Safeguards and Security 
     program within the Office of Nonproliferation and National 
     Security.
       ``(3) Projects relating to a national capability to assess 
     the credibility of radiological and extortion threats, or to 
     combat nuclear materials trafficking or terrorism, under the 
     Emergency Management program within the Office of 
     Nonproliferation and National Security.
       ``(4) Projects relating to the development or integration 
     of new technology to respond to emergencies and threats 
     involving the presence, or possible presence, of weapons of 
     mass destruction, radiological emergencies, and related 
     terrorist threats, under the Office of Defense Programs.''.

  Mr. WARNER. The amendment is cleared on this side. I urge its 
adoption.
  The PRESIDING OFFICER. Without objection the amendment is agreed to.
  The amendment (No. 2999) was agreed to.
  Mr. LEVIN. Mr. President, I move to reconsider the vote.
  Mr. WARNER. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                    Amendment No. 2448, as modified

  (Purpose: To add disposal receipts objectives for three additional 
  fiscal years; to clarify the authority relating to the disposal of 
chromium ferroalloy; to add a condition to the authority to dispose of 
   certain strategic and critical materials in the National Defense 
   Stockpile; and to authorize use of funds in the National Defense 
    Stockpile Transaction Fund for certain environmental activities)

  Mr. WARNER. Mr. President, on behalf of Senator Thurmond, I call up 
amendment 2448, and I send a modification to the desk which would 
require a deposit of revenues into the Treasury from the sales of 
materials from the National Defense Stockpile would be subject to 
appropriations. The modified amendment would also authorize the use of 
funds within the National Defense Stockpile Transaction Fund for 
environmental remediation if required by Federal law or agreement.
  The clerk will report.
  The Legislative Clerk read as follows:
  The Senator from Virginia (Mr. Warner) for Mr. Thurmond proposes an 
amendment No. 2448, as modified.

  The amendment is as follows:

       Beginning on page 400, line 10, strike out ``$100,000,000'' 
     and all that follows through page 401, line 12, and insert in 
     lieu thereof the following:
     $103,000,000 by the end of fiscal year 1999 and $377,000,000 
     by the end of fiscal year 2003.
       (b) Limitation on Disposal Quantity.--The total quantities 
     of materials authorized for disposal by the President under 
     subsection (a) may not exceed the amounts set forth in the 
     following table:


[[Page S7006]]



                     Authorized Stockpile Disposals                     
------------------------------------------------------------------------
   Material for disposal                              Quantity          
------------------------------------------------------------------------
Beryllium Metal, vacuum cast..............  227 short tons              
Chromium Metal--EL........................  8,511 short tons            
Columbium Carbide Powder..................  21,372 pounds contained     
Columbium Ferro...........................  249,395 pounds contained    
Columbium Concentrates....................  1,733,454 pounds contained  
Chromium Ferroalloy.......................  92,000 short tons           
Diamond, Stones...........................  3,000,000 carats            
Germanium Metal...........................  28,198 kilograms            
Indium....................................  14,248 troy ounces          
Palladium.................................  1,227,831 troy ounces       
Platinum..................................  439,887 troy ounces         
Tantalum Carbide Powder...................  22,681 pounds contained     
Tantalum Metal Powder.....................  50,000 pounds contained     
Tantalum Minerals.........................  1,751,364 pounds contained  
Tantalum Oxide............................  122,730 pounds contained    
Tungsten Ferro............................  2,024,143 pounds            
Tungsten Carbide Powder...................  2,032,954 pounds            
Tungsten Metal Powder.....................  1,898,009 pounds            
Tungsten Ores & Concentrates..............  76,358,230 pounds.          
------------------------------------------------------------------------

       (c) Minimization of Disruption and Loss.--The President may 
     not dispose of materials under subsection (a) to the extent 
     that the disposal will result in--
       (1) undue disruption of the usual markets of producers, 
     processors, and consumers of the materials proposed for 
     disposal; or
       (2) avoidable loss to the United States.
       (d) Relationship to Other Disposal Authority.--The disposal 
     authority provided in subsection (a) is new disposal 
     authority and is in addition to, and shall not affect, any 
     other disposal authority provided by law regarding the 
     materials specified in such subsection.
       (e) Authorization of Sale.--The authority provided by this 
     section to dispose of materials contained in the National 
     Defense Stockpile so as to result in receipts of $100,000,000 
     of the amount specified for fiscal year 1999 in subsection 
     (a) by the end of that fiscal year shall be effective only to 
     the extent provided in advance in appropriation Acts.

     SEC. 3304. USE OF STOCKPILE FUNDS FOR CERTAIN ENVIRONMENTAL 
                   REMEDIATION, RESTORATION, WASTE MANAGEMENT, AND 
                   COMPLIANCE ACTIVITIES.

       Section 9(b)(2) of the Strategic and Critical Materials 
     Stock Piling Act (50 U.S.C. 98h(b)(2)) is amended--
       (1) by redesignating subparagraphs (J) and (K) as 
     subparagraphs (K) and (L), respectively; and
       (2) by inserting after subparagraph (I) the following new 
     subparagraph (J):
       ``(J) Performance of environmental remediation, 
     restoration, waste management, or compliance activities at 
     locations of the stockpile that are required under a Federal 
     law or are undertaken by the Government under an 
     administrative decision or negotiated agreement.''.

  Mr. WARNER. I understand this amendment has been cleared. I urge its 
adoption.
  Mr. LEVIN. The amendment has been cleared.
  The PRESIDING OFFICER. The amendment, as modified, is agreed to.
  The amendment (No. 2448) as modified, was agreed to.
  Mr. WARNER. Mr. President, I move to reconsider the vote.
  Mr. LEVIN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 3000

(Purpose: To express the sense of Congress regarding the homeporting of 
        the U.S.S. Iowa battleship at the Port of San Francisco)

  Mr. LEVIN. Mr. President, on behalf of Senators Feinstein and Boxer, 
I offer an amendment which would express the sense of Congress that the 
battleship, U.S.S. Iowa, should be homeported in the Port of San 
Francisco.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Michigan [Mr. Levin], for Mrs. Feinstein, 
     for herself and Mrs. Boxer, proposes an amendment numbered 
     3000.

  The amendment is as follows:

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

     SEC. 1014. HOMEPORTING OF THE U.S.S. IOWA BATTLESHIP IN SAN 
                   FRANCISCO.

       It is the sense of Congress that the U.S.S. Iowa should be 
     homeported at the Port of San Francisco, California.

  Mr. WARNER. The Record should reflect I concur in this amendment. I 
worked with these two Senators in developing this amendment, and I hope 
very much that the objective can be eventually achieved.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The amendment (No. 3000) was agreed to.
  Mr. LEVIN. Mr. President, I move to reconsider the vote.
  Mr. WARNER. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                    Amendment No. 2822, as modified

 (Purpose: To improve the process for designating defense property for 
  demilitarization and to further penalize acts involved in unlawful 
                     export of certain merchandise)

  Mr. WARNER. On behalf of Senator Grassley, I offer an amendment which 
would require the Secretary of Defense to assign demilitarization codes 
to DOD equipment to ensure that it is properly disposed of. The 
amendment would also make it a violation of criminal law to knowingly 
engage in the exportation of equipment, where the exportation of that 
equipment is restricted. I send a modification to the desk.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Virginia [Mr. Warner], for Mr. Grassley, 
     proposes an amendment numbered 2822, as modified.

  The amendment is as follows:

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

     SEC. 1064. DEMILITARIZATION AND EXPORTATION OF DEFENSE 
                   PROPERTY.

       (a) Centralized Assignment of Demilitarization Codes for 
     Defense Property.--(1) Chapter 153 of title 10, United States 
     Code, is amended by inserting after section 2572 the 
     following:

     ``Sec. 2573. Demilitarization codes for defense property

       ``(a) Authority.--The Secretary of Defense shall--
       ``(1) assign the demilitarization codes to the property 
     (other than real property) of the Department of Defense; and
       ``(2) take any action that the Secretary considers 
     necessary to ensure that the property assigned 
     demilitarization codes is demilitarized in accordance with 
     the assigned codes.
       ``(b) Supremacy of Codes.--A demilitarization code assigned 
     to an item of property by the Secretary of Defense under this 
     section shall take precedence over any demilitarization code 
     assigned to the item before the date of enactment of the 
     National Defense Authorization Act for Fiscal Year 1999 by 
     any other official in the Department of Defense.
       ``(c) Enforcement.--The Secretary of Defense shall commit 
     the personnel and resources to the exercise of authority 
     under subsection (a) that are necessary to ensure that--
       ``(1) appropriate demilitarization codes are assigned to 
     property of the Department of Defense; and
       ``(2) property is demilitarized in accordance with the 
     assigned codes.
       ``(d) Report.--The Secretary of Defense shall include in 
     the annual reports submitted to Congress under section 
     113(c)(1) of this title in 1999 and 2000 a discussion of the 
     following:
       ``(1) The exercise of the authority under this section 
     during the fiscal year preceding the fiscal year in which the 
     report is submitted.
       ``(2) Any changes in the exercise of the authority that are 
     taking place in the fiscal year in which the report is 
     submitted or are planned for that fiscal year or any 
     subsequent fiscal year.
       ``(e) Definitions.--In this section:
       ``(1) The term `demilitarization code', with respect to 
     property, means a code that identifies the extent to which 
     the property must be demilitarized before disposal.
       ``(2) The term `demilitarize', with respect to property, 
     means to destroy the military offensive or defensive 
     advantages inherent in the property, by mutilation, cutting, 
     crushing, scrapping, melting, burning, or altering the 
     property so that the property cannot be used for the purpose 
     for which it was originally made.''.

[[Page S7007]]

       (2) The table of sections at the beginning of such chapter 
     153 is amended by inserting after the item relating to 
     section 2572 the following:

``2573. Demilitarization codes for defense property.''.
       (b) Criminal Offense.--(1) Chapter 27 of title 18, United 
     States Code, is amended by adding at the end the following:

     ``Sec. 554. Violations of regulated acts involving the 
       exportation of United States property

       ``(a) Any person who--
       ``(1) fraudulently or knowingly exports or otherwise sends 
     from the United States (as defined in section 545 of this 
     title), or attempts to export or send from the United States 
     any merchandise contrary to any law of the United States; or
       ``(2) receives, conceals, buys, sells, or in any manner 
     facilitates, the transportation, concealment, or sale of any 
     merchandise prior to exportation, knowing that the 
     merchandise is intended for exportation in violation of 
     Federal law;
     shall be fined under this title, imprisoned not more than 5 
     years, or both.
       ``(b) The penalties under this section shall be in addition 
     to any other applicable criminal penalty.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following:

``554. Violations of regulated acts involving the exportation of United 
              States property.''.

  Mr. GRASSLEY. Mr. President, I rise today to offer an amendment to 
this year's Defense bill to address the unexcusably lax procedures for 
disposing of surplus military equipment which currently exist. There 
have been several media reports indicating that these procedures are 
unacceptably loose. To examine this issue, I chaired a hearing on the 
proper disposal of military surplus before the Judiciary subcommittee 
on Administrative Oversight and the Courts. I was alarmed at the ease 
with which hostile foreign nations like China can purchase classified 
military items from depots right here in America.
  Mr. President, my amendment makes several much-needed reforms. First, 
the amendment requires the Secretary of Defense to assign codes to 
military equipment. These codes determine whether the equipment can 
later be resold to the public as surplus or if the equipment must be 
destroyed before it can be resold as surplus. Further, the amendment 
gives the Secretary of Defense the authority to take whatever steps he 
deems necessary to fulfill this responsibility. Finally, my amendment 
creates a new export control law which closes loopholes in current law 
which arms smugglers use to avoid prosecutions for exporting military 
surplus. Importantly, this new export control law has the support of 
the administration.
  The problem of lax disposal procedures isn't new. The first 
congressional hearings on this topic were conducted in the early 1970s. 
At that time, Congress received testimony that the Pentagon's program 
for ensuring the proper disposal of surplus items was in shambles.
  Mr. President, after my hearing, I can say that the disposal process 
is still badly in need or reform. My hearing showed that there is a 
cavalier attitude toward the disposal of surplus equipment that 
presents a real danger to our national security and to the safety of 
the American people. In one case, the Pentagon lost track of surplus 
equipment valued at 39 million dollars. That's a lot of stuff to lose 
in just one transaction.
  It seems to me that disposing of tanks or missiles or classified 
military equipment in a way that keeps them out of the hands of hostile 
foreign nations or terrorists is really central to the military 
mission, and so I hope my colleagues will support this amendment.
  Under current practice, the Pentagon has decided the answer to the 
question of what to do with surplus parts is to sell them to the 
highest bidder, with practically no controls in place. The few controls 
that are in place, which are supposed to make sure that military-grade 
surplus doesn't end up with terrorists or hostile nations, continue to 
be an abject failure by any reasonable standard.

  Mr. President, the depots which sell sensitive military surplus have 
become thriving terrorist flea markets. In fact, the Pentagon even has 
a world wide web homepage to advertise military surplus for sale--some 
of it classified. Who knows, right now some of Saddam Hussein's 
henchmen could be browsing this homepage looking for spare parts or new 
weapons.
  One way to measure whether an agency takes a problem seriously is to 
look at how that agency disciplines its own employees when their 
misconduct contributes to that problem in other words, how does the 
Pentagon react when one of its own employees breaks the rules on 
disposing or dangerous military surplus? By that standard, it appears 
to this Senator that the Defense Department doesn't take security 
breaches at military depots very seriously. For instance, it's my 
understanding that the chief of a depot in Crane, Indiana was not 
seriously reprimanded for allowing over 70 grenade launchers to be sold 
without being properly destroyed. To date, only about 30 of those 
launchers have been recovered. What's the result? Every once in a 
while, law enforcement seizes one of these missing grenade launchers 
from a gang of criminals. Pentagon sloppiness is making criminals even 
more dangerous and well-armed.
  In another case which caused problems for law enforcement, the 
Justice Department had to drop illegal export charges against an arms 
smuggler who had tried to send armored personnel carrier parts to Iran. 
The Justice Department had to drop the charges because the defense 
logistics agency had assigned the wrong code to the equipment.
  Another indication that the Pentagon doesn't take the issue of 
properly disposing of surplus very seriously is that no one from the 
office of the Secretary of Defense would come to testify at my 
hearing--despite repeated requests that someone appear who could speak 
for the Defense Department as a whole. That's why my amendment puts the 
responsibility for disposing of surplus in the office of the Secretary 
of Defense. Congress needs to have someone to look to if there is to be 
genuine accountability.
  Finally, I'd like to sum up the situation we have here. Despite 
congressional oversight going back to Senator McLellan's 1972 hearings, 
nothing has really changed. Therefore, it's clearly time for Congress 
to step up to the plate and take action. That's why I am offering this 
amendment to the DOD authorizations bill to give law enforcement an 
enhanced ability to catch arms smugglers who are targeting military 
surplus.
  But helping law enforcement is only part of the solution that's 
merely reactive. What we really need is for the Pentagon to get its 
house in order and prevent this problem from happening in the first 
place. So, my amendment requires the office of the Secretary of Defense 
to take control of the surplus issue.
  I think it's fair to say that if classified or highly sensitive 
military technology is being sent to foreign nations and terrorists, we 
have a clear threat to national security. We have dangerous weapons 
going from our own military depots into the hands of criminals. My 
amendment would give law enforcement the tools they need and would hold 
the Department of Defense accountable for solving this problem. I urge 
my colleagues to vote for this amendment, and I yield the floor.
  Mr. WARNER. Mr. President, I understand the amendment has been 
cleared. I urge its adoption.
  Mr. LEVIN. The amendment has been cleared.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The amendment (No. 2822), as modified, was agreed to.
  Mr. WARNER. Mr. President, I move to reconsider the vote.
  Mr. LEVIN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 2860

(Purpose: To prohibit evaluation of the merit of selling malt beverages 
      and wine in commissary stores as exchange store merchandise)

  Mr. LEVIN. Mr. President, on behalf of Senator Byrd, I offer an 
amendment that would prohibit the Secretary of Defense from conducting 
a survey to determine patron interest in having the commissary system 
sell malt beverages and wine; or, to conduct a demonstration project to 
evaluate the merit of selling malt beverages or wine in the commissary.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Michigan [Mr. Levin], for Mr. Byrd, 
     proposes an amendment numbered 2860.


[[Page S7008]]


  The amendment is as follows:

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

     SEC. 349. PROHIBITIONS REGARDING EVALUATION OF MERIT OF 
                   SELLING MALT BEVERAGES AND WINE IN COMMISSARY 
                   STORES AS EXCHANGE SYSTEM MERCHANDISE.

       Neither the Secretary of Defense nor any other official of 
     the Department of Defense may--
       (1) by contract or otherwise, conduct a survey of eligible 
     patrons of the commissary store system to determine patron 
     interest in having commissary stores sell malt beverages and 
     wine as exchange store merchandise; or
       (2) conduct a demonstration project to evaluate the merit 
     of selling malt beverages and wine in commissary stores as 
     exchange store merchandise.

  Mr. WARNER. This amendment is cleared. I join the Senator in urging 
its adoption.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The amendment (No. 2860) was agreed to.
  Mr. LEVIN. Mr. President, I move to reconsider the vote.
  Mr. WARNER. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 3001

   (Purpose: To provide a substitute that clarifies that additional 
  museums may be designated as ``America's National Maritime Museum'')

  Mr. WARNER. Mr. President, on behalf of myself and Senator Moynihan, 
I offer an amendment which designates the Mariner's Museum in Newport 
News, VA, and the South Street Seaport Museum in New York City as 
America's National Maritime Museum.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Virginia [Mr. Warner], for himself and Mr. 
     Moynihan, proposes an amendment numbered 3001.

  The amendment is as follows:

       At the appropriate place, insert:

     SEC. 1064. DESIGNATION OF AMERICA'S NATIONAL MARITIME MUSEUM.

       (a) Designation of America's National Maritime Museum.--The 
     Mariners' Museum building located at 100 Museum Drive, 
     Newport News, Virginia, and the South Street Seaport Museum 
     buildings located at 207 Front Street, New York, New York, 
     shall be known and designated as ``America's National 
     Maritime Museum''.
       (b) Reference to America's National Maritime Museum.--Any 
     reference in a law, map, regulation, document, paper, or 
     other record of the United States to the buildings referred 
     to in subsection (a) shall be deemed to be a reference to 
     America's National Maritime Museum.
       (c) Later Additions of Other Museums Not Precluded.--The 
     designation of museums named in subsection (a) as America's 
     National Maritime Museum does not preclude the addition of 
     any other museum to the group of museums covered by that 
     designation.
       (d) Criteria for Later Additions.--A museum is appropriate 
     for designation as a museum of America's National Maritime 
     Museum if the museum--
       (1) houses a collection of maritime artifacts clearly 
     representing America's maritime heritage; and
       (2) provides outreach programs to educate the public on 
     America's maritime heritage.

  Mr. WARNER. I believe this amendment has been cleared by the other 
side. I urge its adoption.
  Mr. LEVIN. The amendment has been cleared on this side, Mr. 
President.
  The PRESIDING OFFICER. The amendment is agreed to.
  The amendment (No. 3001) was agreed to.
  Mr. WARNER. Mr. President, I move to reconsider the vote.
  Mr. LEVIN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. WARNER. Mr. President, at this time I would like to thank 
particularly Senator Kennedy, the ranking member of the Seapower 
Subcommittee, for his assistance in developing this amendment, and 
other Senators who likewise concurred in the merits of the amendment.
  Mr. LEVIN. Mr. President, I just want to thank my good friend from 
Virginia and congratulate him on that last amendment, and Senator 
Moynihan, I know how hard he works on those matters. It is always a 
pleasure working with him.
  I thank the Chair for his usual courtesies.


                         Skaneateles, New York

  Mr. WARNER. Mr. President, before we step down and proceed to do the 
closing business for the Senate--Senator Enzi, I think, will take over. 
But we are fortunate that one of our most valued senior staff members 
of the Armed Services Committee, a fine woman who has served many, many 
years in the Senate, is familiar with this particular town. And the 
proper pronunciation is--what is it? Phonetically, it is written out as 
Skaneateles. I think that is it.
  How close your rendition was, I know not.
  Mr. LEVIN. A lot closer than I feared. Apparently it is Skaneateles.
  Mr. WARNER. Skaneateles.
  Mr. LEVIN. We have reached another consensus in the U.S. Senate.
  Mr. ENZI addressed the Chair.
  The PRESIDING OFFICER. The Senator from the great State of Wyoming.

                          ____________________