[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.
____________________