[Congressional Record Volume 144, Number 85 (Thursday, June 25, 1998)]
[Senate]
[Pages S7204-S7210]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[[Page S7204]]
      THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1999

                                 ______
                                 

                      FAIRCLOTH AMENDMENT No. 3014

  Mr. FAIRCLOTH proposed an amendment to the bill. S 2057, supra; as 
follows:

       On page 321, between lines 16 and 17, insert the following:

     SEC. 2603. NATIONAL GUARD MILITARY EDUCATIONAL FACILITY, FORT 
                   BRAGG, NORTH CAROLINA.

       (a) Authorization of Appropriations.--The amount authorized 
     to be appropriated by section 2601(1)(A) is hereby increased 
     by $8,300,000.
       (b) Availability of Funds.--Funds available as a result of 
     the increase in the authorization of appropriations made by 
     subsection (a) shall be available for purposes of 
     construction of the National Guard Military Educational 
     Facility at Fort Bragg, North Carolina.
       (c) Offset.--The amount authorized to be appropriated by 
     section 2404(a)(9) is hereby reduced by $8,300,000.
                                 ______
                                 

                THURMOND (AND OTHERS) AMENDMENT NO. 3015

  Mr. THURMOND (for himself, Mr. Stevens, Mr. Levin, Mr. Warner, Mr. 
McCain, Mr. Coats, Mr. Smith of New Hampshire, Mr. Kempthorne, Mr. 
Inhofe, Mr. Santorum, Ms. Snowe, Mr. Roberts, Mr. Kennedy, Mr. 
Bingaman, Mr. Glenn, Mr. Byrd, Mr. Lieberman, Mr. Cleland, and Mr. 
Robb) proposed an amendment to the bill, S. 2057, supra; as follows:

       On page 110, line 13, strike out ``3.1 percent.'' and 
     insert in lieu thereof the following:
     3.6 percent.
       (c) Offsetting Reductions in Authorizations of 
     Appropriations.--(1) Notwithstanding any other provision of 
     title I, the total amount authorized to be appropriated under 
     title II is hereby reduced by $150,000,000.
       (2) Notwithstanding any other provision of title II, the 
     total amount authorized to be appropriated under title II is 
     hereby reduced by $275,000,000.
                                 ______
                                 

                 WARNER (AND OTHERS) AMENDMENT NO. 3016

  Mr. Warner (for himself, Mr. Levin, Mr. McCain, Mr. Coats, Mr. Smith 
of New Hampshire, Mr. Kempthorne, Mr. Inhofe, Mr. Santorum, Ms. Snowe, 
Mr. Roberts, Mr. Kennedy, Mr. Bingaman, Mr. Glenn, Mr. Byrd, Mr. Robb, 
Mr. Lieberman, Mr. Cleland, Mr. Lott, Mr. Daschle, and Mr. Murkowski) 
proposed an amendment to the bill, S. 2057, supra; as follows:

       Strike out section 1 and insert in lieu thereof the 
     following:

     SECTION 1. SHORT TITLE.

       (a) Findings.--Congress makes the following findings:
       (1) Senator Strom Thurmond of South Carolina first became a 
     member of the Committee on Armed Services of the United 
     States Senate on January 19, 1959. His continuous service on 
     that committee covers more than 75 percent of the period of 
     the existence of the committee, which was established 
     immediately after World War II, and more than 20 percent of 
     the period of the existence of military and naval affairs 
     committees of Congress, the original bodies of which were 
     formed in 1816.
       (2) Senator Thurmond came to Congress and the committee as 
     a distinguished veteran of service, including combat service, 
     in the Armed Forces of the United States.
       (3) Senator Thurmond was commissioned as a reserve second 
     lieutenant of infantry in 1924. He served with great 
     distinction with the First Army in the European Theater of 
     Operations during World War II, landing in Normandy in a 
     glider with the 82nd Airborne Division on D-Day. He was 
     transferred to the Pacific Theater of Operations at the end 
     of the war in Europe and was serving in the Philippines when 
     Japan surrendered.
       (4) Having reverted to Reserve status at the end of World 
     War II, Senator Thurmond was promoted to brigadier general in 
     the United States Army Reserve in 1954. He served as 
     President of the Reserve Officers Association beginning that 
     same year and ending in 1955. Senator Thurmond was promoted 
     to major general in the United States Army Reserve in 1959. 
     He transferred to the Retired Reserve on January 1, 1965, 
     after 36 years of commissioned service.
       (5) The distinguished character of Senator Thurmond's 
     military service has been recognized by awards of numerous 
     decorations that include the Legion of Merit, the Bronze Star 
     medal with ``V'' device, the Belgian Cross of the Order of 
     the Crown, and the French Croix de Guerre.
       (6) Senator Thurmond has served as Chairman of the 
     Committee on Armed Services of the Senate since 1995 and as 
     the ranking minority member of the committee from 1993 to 
     1995. Senator Thurmond concludes his service as Chairman at 
     the end of the 105th Congress, but is to continue to serve 
     the committee as a member in successive Congresses.
       (7) This Act is the fortieth annual authorization bill for 
     the Department of Defense for which Senator Thurmond has 
     taken a major responsibility as a member of the Committee on 
     Armed Services of the Senate.
       (8) Senator Thurmond, as officer and legislator, has made 
     matchless contributions to the national security of the 
     United States that, in duration and in quality, are unique.
       (9) It is altogether fitting and proper that this Act, the 
     last annual authorization Act for the national defense that 
     Senator Thurmond manages in and for the United States Senate 
     as Chairman of the Committee on Armed Services of the Senate, 
     be named in his honor.
       (b) Short Title.--This Act shall be cited as the ``Strom 
     Thurmond National Defense Authorization Act for Fiscal Year 
     1999''.
                                 ______
                                 

                  THOMAS (AND ENZI) AMENDMENT NO. 3017

  Mr. WARNER (for Mr. Thomas for himself and Mr. Enzi) proposed an 
amendment to the bill, S. 2057, supra; as follows:

       On page 320, line 25, strike out ``$95,395,000'' and insert 
     in lieu thereof ``$108,979,000''.
       On page 14, line 6, reduce subparagraph (5) by $13,584,000
                                 ______
                                 

                       HARKIN AMENDMENT NO. 3018

  Mr. LEVIN (for Mr. Harkin) proposed an amendment to the bill, S. 
2057, supra; as follows:

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

     SEC. 219. PERSIAN GULF ILLNESSES.

       (a) Additional Amount for Persian Gulf Illnesses.--The 
     total amount authorized to be appropriated under this title 
     for research and development relating to Persian Gulf 
     illnesses is the total amount authorized to be appropriated 
     for such purpose under the other provisions of this title 
     plus $10,000,000.
       (b) Reduced Amount for Army Commercial Operations and 
     Support Savings Program.--Of the amount authorized to be 
     appropriated under section 201(1), $23,600,000 shall be 
     available for the Army Commercial Operations and Support 
     Savings Program.
                                 ______
                                 

                       DE WINE AMENDMENT NO. 3019

  Mr. WARNER (for Mr. DeWine) proposed an amendment to the bill, S. 
2057, supra; as follows:

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

     SEC. 2827. REAUTHORIZATION OF LAND CONVEYANCE, ARMY RESERVE 
                   CENTER, YOUNGSTOWN, OHIO.

       (a) Conveyance Authorized.--The Secretary of the Army may 
     convey, without consideration, to the City of Youngstown, 
     Ohio (in this section referred to as the ``City''), all 
     right, title, and interest of the United States in and to a 
     parcel of excess real property, including improvements 
     thereon, that is located at 399 Miller Street in Youngstown, 
     Ohio, and contains the Kefurt Army Reserve Center.
       (b) Condition of Conveyance.--The conveyance authorized 
     under subsection (a) shall be subject to the condition that 
     the City retain the conveyed property for purposes of 
     activities relating to public schools in Youngstown, Ohio.
       (c) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary. The cost of the survey shall be borne by 
     the City.
       (d) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
       (e) Repeal of Superseded Authority.--Section 2861 of the 
     Military Construction Authorization Act for Fiscal Year 1996 
     (division B of Public Law 104-106; 110 Stat. 573) is 
     repealed.
                                 ______
                                 

                        DODD AMENDMENT NO. 3020

  Mr. LEVIN (for Mr. Dodd) proposed an amendment to the bill, S. 2057, 
supra; as follows:

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

     SEC. 708. LYME DISEASE.

       Of the amounts authorized to be appropriated by this Act 
     for Defense Health Programs, $3,000,000 shall be available 
     for research and surveillance activities relating to Lyme 
     disease and other tick-borne diseases.
                                 ______
                                 

              ROCKEFELLER (AND OTHERS) AMENDMENT NO. 3021

  Mr. LEVIN (for Mr. Rockfeller for himself, Mr. Durbin, and Mr. 
Harkin) proposed an amendment to the bill, S. 2057, supra; as follows:

       On page 41, below line 23, add the following:

     SEC. 219. DOD/VA COOPERATIVE RESEARCH PROGRAM.

       (a) Availability of Funds.--(1) The amount authorized to be 
     appropriated by section 201(4) is hereby increased by 
     $10,000,000.

[[Page S7205]]

       (2) Of the amount authorized to be appropriated by section 
     201(4), as increased by paragraph (1), $10,000,000 shall be 
     available for the DoD/VA Cooperative Research Program.
       (b) Offset.--(1) The amount authorized to be appropriated 
     by section 201(2) is hereby decreased by $10,000,000.
       (2) Of the amount authorized to be appropriated by section 
     201(2), as decreased by paragraph (1), not more than 
     $18,500,000 shall be available for the Commercial Operations 
     and Support Savings Program.
       (c) Executive Agent.--The Secretary of Defense, acting 
     through the Army Medical Research and Materiel Command and 
     the Naval Operational Medicine Institute, shall be the 
     executive agent for the utilization of the funds made 
     available by subsection (a).
                                 ______
                                 

               DOMENICI (AND BINGAMAN) AMENDMENT NO. 3022

  Mr. WARNER (for Mr. Domenici for himself and Mr. Bingaman) proposed 
an amendment to the bill, S. 2057, supra; as follows:

       On page 397, between lines 6 and 7, insert the following:

     SEC. 3137. ACTIVITIES OF THE CONTRACTOR-OPERATED FACILITIES 
                   OF THE DEPARTMENT OF ENERGY.

       (a) Research and Activities on Behalf of Non-Department 
     Persons and Entities.--(1) The Secretary of Energy may 
     conduct research and other activities referred to in 
     paragraph (2) through contractor-operated facilities of the 
     Department of Energy on behalf of other departments and 
     agencies of the Government, agencies of State and local 
     governments, and private persons and entities.
       (2) The research and other activities that may be conducted 
     under paragraph (1) are those which the Secretary is 
     authorized to conduct by law, and include, but are not 
     limited to, research and activities authorized under the 
     following:
       (A) Section 33 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2053).
       (B) Section 107 of the Energy Reorganization Act of 1974 
     (42 U.S.C. 5817).
       (C) The Federal Nonnuclear Energy Research and Development 
     Act of 1974 (42 U.S.C. 5901 et seq.).
       (b) Charges.--(1) The Secretary shall impose on the 
     department, agency, or person or entity for whom research and 
     other activities are carried out under subsection (a) a 
     charge for such research and activities equal to not more 
     than the full cost incurred by the contractor concerned in 
     carrying out such research and activities, which cost shall 
     include--
       (A) the direct cost incurred by the contractor in carrying 
     out such research and activities; and
       (B) the overhead cost including site-wide indirect costs 
     associated with such research and activities.
       (2)(A) Subject to subparagraph (B), the Secretary shall 
     also impose on the department, agency, or person or entity 
     concerned a Federal administrative charge (which includes any 
     depreciation and imputed interest charges) in an amount not 
     to exceed 3 percent of the full cost incurred by the 
     contractor concerned in carrying out the research and 
     activities concerned.
       (B) The Secretary may waive the imposition of the Federal 
     administrative charge required by subparagraph (A) in the 
     case of research and other activities conducted on behalf of 
     small business concerns, institutions of higher education, 
     non-profit entities, and State and local governments.
       (3) Not later than 2 years after the date of enactment of 
     this Act, the Secretary shall terminate any waiver of charges 
     under section 33 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2053) that were made before such date, unless the Secretary 
     determines that such waiver should be continued.
       (c) Pilot Program of Reduced Facility Overhead Charges.--
     (1) The Secretary may, with the cooperation of participating 
     contractors of the contractor-operated facilities of the 
     Department, carry out a pilot program under which the 
     Secretary and such contractors reduce the facility overhead 
     charges imposed under this section for research and other 
     activities conducted under this section.
       (2) The Secretary shall carry out the pilot program at 
     contractor-operated facilities selected by the Secretary in 
     consultation with the contractors concerned.
       (3) The Secretary shall determine the facility overhead 
     charges to be imposed under the pilot program based on their 
     joint review of all items included in the overhead costs of 
     the facility concerned in order to determine which items are 
     appropriately incurred as facility overhead charges by the 
     contractor in carrying out research and other activities at 
     such facility under this section.
       (4) The Secretary shall commence carrying out the pilot 
     program not later than October 1, 1999, and shall terminate 
     the pilot program on September 30, 2003.
       (5) Not later than January 31, 2003, the Secretary shall 
     submit to the congressional defense committees, the Committee 
     on Energy and Natural Resources of the Senate, and other 
     appropriate committees of the House of Representatives an 
     interim report on the results of the pilot program under this 
     subsection. The report shall include any recommendations for 
     the extension or expansion of the pilot program, including 
     the establishment of multiple rates of overhead charges for 
     various categories of persons and entities seeking research 
     and other activities in contractor-operated facilities of the 
     Department.
       (d) Partnerships and Interactions.--(1) The Secretary of 
     Energy may encourage partnerships and interactions between 
     each contractor-operated facility of the Department of Energy 
     and universities and private businesses.
       (2) The Secretary may take into account the progress of 
     each contractor-operated facility of the Department in 
     developing and expanding partnerships and interactions under 
     paragraph (1) in evaluating the annual performance of such 
     contractor-operated facility.
       (e) Small Business Technology Partnership Program.--(1) The 
     Secretary may require that each contractor operating a 
     facility of the Department establish a program at such 
     facility under which the contractor may enter into 
     partnerships with small businesses at such facility relating 
     to technology.
       (2) The amount of funds expended by a contractor under a 
     program under paragraph (1) at a particular facility may not 
     exceed an amount equal to 0.25 percent of the total operating 
     budget of the facility.
       (3) Amounts expended by a contractor under a program--
       (A) shall be used to cover the costs (including research 
     and development costs and technical assistance costs) 
     incurred by the contractor in connection with activities 
     under the program; and
       (B) may not be used for direct grants to small businesses.
       (4) The Secretary shall submit to the congressional defense 
     committees, the Committee on Energy and Natural Resources of 
     the Senate, and the appropriate committee of the House of 
     Representatives, together with the budget of the President 
     for each fiscal year that is submitted to Congress under 
     section 1105 of title 31, United States Code, an assessment 
     of the program under this subsection during the preceding 
     year, including the effectiveness of the program in providing 
     opportunities for small businesses to interact with and use 
     the resources of the contractor-operated facilities of the 
     Department, the cost of the program to the Federal government 
     and any impact on the execution of the Department's mission.
                                 ______
                                 

                  WYDEN (AND SMITH) AMENDMENT NO. 3023

  Mr. LEVIN (for Mr. Wyden for himself, and Mr. Smith of Oregon) 
proposed an amendment to the bill, S. 2057, supra; as follows:

       On page 196, between lines 18 and 19, insert the following:

     SEC. 908. MILITARY AVIATION ACCIDENT INVESTIGATIONS.

       (a) Findings.--Congress makes the following findings:
       (1) In February 1996, the GAO released a report 
     highlighting a 75% reduction in aviation Class A mishaps, a 
     70% reduction in aviation mishap fatalities and a 65% 
     reduction in Class A mishap rates from 1975-1995 (Military 
     Aircraft Safety--Significant Improvements since 1975).
       (2) In February 1998, the GAO completed a follow-up review 
     of military aircraft safety, noting that the military 
     experienced fewer serious aviation mishaps in fiscal years 
     1996 and 1997 than in previous fiscal years (Military 
     Aircraft Safety; Serious Accidents Remain at Historically Low 
     Levels).
       (3) The report required by section 1046 of the National 
     Defense Authorization Act for Fiscal Year 1998 (Public Law 
     105-85; 111 Stat. 1888) concluded, ``DoD found no evidence 
     that changing existing investigation processes to more 
     closely resemble those of the NTSB would help DoD to find 
     more answers more quickly, or accurately.''
       (4) The Department of Defense must further improve its 
     aviation safety by fully examining all options for improving 
     or replacing its current aviation accident investigation 
     processes.
       (5) The inter-service working group formed as a result of 
     that report has contributed to progress in military aviation 
     accident investigations by identifying ways to improve family 
     assistance, as has the formal policy direction coordinated by 
     the Office of the Secretary of Defense.
       (6) Such progress includes the issuance of Air Force 
     Instruction 90-701 entitled ``Assistance to Families of 
     Persons Involved in Air Force Aviation Mishaps,'' that 
     attempts to meet the need for a more timely flow of relevant 
     information to families, a family liaison officer, and the 
     establishment of the Air Force Office of Family Assistance. 
     However, formal policy directions and instructions have not 
     adequately addressed the failure to provide primary next of 
     kin of members of the Armed Forces involved in military 
     aviation accidents with interim reports regarding the course 
     of investigations into such accidents, and the Department of 
     Defense must improve its procedures for informing the 
     families of the persons involved in military aviation 
     mishaps.
       (7) The report referred to in paragraph (3) concluded that 
     the Department would ``benefit from the disappearance of the 
     misperception that the privileged portion of the safety 
     investigation exists to hide unfavorable information''.
       (8) That report further specified that ``[e]ach Military 
     Department has procedures in place to provide redacted copies 
     of the

[[Page S7206]]

     final [privileged] safety report to the families. However, 
     families must formally request a copy of the final safety 
     investigation report''.
       (9) Current efforts to improve family notification would be 
     enhanced by the issuance by the Secretary of Defense of 
     uniform regulations to improve the timeliness and reliability 
     of information provided to the primary next of kin of persons 
     involved in military aviation accidents during and following 
     both the legal investigation and safety investigation phases 
     of such investigations.
       (b) Evaluation of Department of Defense Aviation Accident 
     Investigation Procedures.--(1) The Secretary of Defense shall 
     establish a task force to--
       (A) review the procedures employed by the Department of 
     Defense to conduct military aviation accident investigations; 
     and
       (B) identify mechanisms for improving such investigations 
     and the military aviation accident investigation process.
       (2) The Secretary shall appoint to the task force the 
     following:
       (A) An appropriate number of members of the Armed Forces, 
     including both members of the regular components and the 
     reserve components, who have experience relating to military 
     aviation or investigations into military aviation accidents.
       (B) An appropriate number of former members of the Armed 
     Forces who have such experience.
       (C) With the concurrence of the member concerned, a member 
     of the National Transportation Safety Board.
       (3)(A) The task force shall submit to Congress an interim 
     report and a final report on its activities under this 
     subsection. The interim report shall be submitted on December 
     1, 1998, and the final report shall be submitted on March 31, 
     1999.
       (B) Each report under subparagraph (A) shall include the 
     following:
       (i) An assessment of the advisability of conducting all 
     military aviation accident investigations through an entity 
     that is independent of the military departments.
       (ii) An assessment of the effectiveness of the current 
     military aviation accident investigation process in 
     identifying the cause of military aviation accidents and 
     correcting problems so identified in a timely manner.
       (iii) An assessment whether or not the procedures for 
     sharing the results of military aviation accident 
     investigations among the military departments should be 
     improved.
       (iv) An assessment of the advisability of centralized 
     training and instruction for military aircraft investigators.
       (v) An assessment of any costs or cost avoidances that 
     would result from the elimination of any overlap in military 
     aviation accident investigation activities conducted under 
     the current so-called ``two-track'' investigation process.
       (vi) Any improvements or modifications in the current 
     military aviation accident investigation process that the 
     task force considers appropriate to reduce the potential for 
     aviation accidents and increase public conference in the 
     process.
       (c) Uniform Regulations for Release of Interim Safety 
     Investigation Reports.--(1)(A) Not later than May 1, 1999, 
     the Secretary of Defense shall prescribe regulations that 
     provide for the release to the family members of persons 
     involved in military aviation accidents, and to members of 
     the public, of reports referred to in paragraph (2).
       (B) The regulations shall apply uniformly to each military 
     department.
       (2) A report under paragraph (1) is a report on the 
     findings of any ongoing privileged safety investigation into 
     an accident referred to in that paragraph. Such report shall 
     be in a redacted form or other form appropriate to preserve 
     witness confidentiality and to minimize the effects of the 
     release of information in such report on national security.
       (3) Reports under paragraph (1) shall be made available--
       (A) in the case of family members, at least once every 30 
     days or upon the development of a new or significantly 
     changed finding during the course of the investigation 
     concerned; and
       (B) in the case of members of the public, on request.
                                 ______
                                 

                THURMOND (AND OTHERS) AMENDMENT NO. 3024

  Mr. WARNER (for Mr. Thurmond for himself, Mr. Domenici, Mr. Thompson, 
Mr. Bingaman, and Mr. Frist) proposed an amendment to the bill, S. 
2057, supra; as follows:

       At the appropriate place add the following: Section 3307 of 
     Title 5, United States Code, is amended as follows:
       (1) by striking in subsection (a) ``and (d)'' and inserting 
     in its place ``(d), (e), and (f)''; and
       (2) by adding the following new subsection (f) after 
     subsection (e):
       ``(f) The Secretary of Energy may determine and fix the 
     maximum age limit for an original appointment to a position 
     as a Department of Energy nuclear materials courier, so 
     defined by section 8331(27) of this title.''.
       Sec. 2. Section 8331 of Title 5, United States Code, is 
     amended as follows: By adding the following new paragraph 
     (27) after paragraph (26):
       ``(27) Department of Energy nuclear materials courier means 
     an employee of the Department of Energy or its predecessor 
     agencies, the duties of whose position are primarily to 
     transport, and provide armed escort and protection during 
     transit of, nuclear weapons, nuclear weapon components, 
     strategic quantities of special nuclear materials or other 
     materials related to national security, including and 
     employee who remains fully certified to engage in this 
     activity who is transferred to a supervisory, training, or 
     administrative position.''.
       Sec. 3(a) The first sentence of Section 8334(a)(1) of Title 
     5. United States Code, is amended by striking ``and a 
     firefighter,'' and inserting in its place ``a firefighter, 
     and a Department of Energy nuclear materials courier,''.
       (b) Section 8334(c) of Title 5, United States Code, is 
     amended by adding the following new schedule after the 
     schedule for a Member of the Capitol Police:

------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
``Department of Energy nuclear    5...........  July 1, 1942 to June 30,
 materials courier for courier                   1948.                  
 service (while employed by DOE                                         
 and its predecessor agencies).                                         
                                  6...........  July 1, 1948 to October 
                                                 31, 1956.              
                                  6\1/2\......  November 1, 1956 to     
                                                 December 31, 1969.     
                                  7...........  January 1, 1970 to      
                                                 December 31, 1974.     
                                  7\1/2\......  After December 31,      
                                                 1974.''.               
------------------------------------------------------------------------

       Sec. 4. Section 8336(c)(1) of Title 5, United States Code, 
     is amended by striking ``or firefighter'' and inserting in 
     its place, ``a firefighter, or a Department of Energy nuclear 
     materials courier,''.
       Sec. 5. Section 8401 of Title 5, United States Code, is 
     amended as follows: By adding the following new paragraph 
     (33) after paragraph (32):
       ``(33) Department of Energy nuclear materials courier means 
     an employee of the Department of Energy or its predecessor 
     agencies, the duties of whose position are primarily to 
     transport, and provide armed escort and protection during 
     transit of, nuclear weapons, nuclear weapons components, 
     strategic quantities of special nuclear materials, or other 
     materials related to national security, including an employee 
     who remains fully certified to engaged in this activity who 
     is transferred to a supervisory, training, or administrative 
     position.''.
       Sec. 6. Section 8412(d) of Title 5, United States Code, is 
     amended by striking ``or firefighter'' in paragraphs (1) and 
     (2) and inserting in its place, ``a firefighter, or a 
     Department of Energy nuclear materials courier,''.
       Sec. 7. Section 8415(g) of Title 5, United States Code, is 
     amended by striking ``firefighter'' and inserting in its 
     place ``firefighter, Department of Energy nuclear materials 
     courier,''.
       Sec. 8. Section 8422(a)(3) of Title 5, United States Code, 
     is amended by striking ``firefighter'' in the schedule and 
     inserting in its place ``firefighter, Department of Energy 
     nuclear materials courier,''.
       Sec. 9. Sections 8423(a)(1)(B)(i) and 9423(a)(3)(A) of 
     Title 5, United States Code, are amended by striking 
     ``Firefighters'' and inserting in its place ``firefighters, 
     Department of Energy nuclear materials couriers,''.
       Sec. 10. Section 8335(b) of Title 5, United States Code, is 
     amended by adding the words ``or Department of Energy Nuclear 
     Materials Couriers'' after the word ``officer'' in the second 
     sentence.
       Sec. 11. These amendments are effective at the beginning of 
     the first pay period in fiscal year 2000, and applies only to 
     those employees who retire after fiscal year 1999.
       Sec. 12. Any payments made by the Department of Energy to 
     the Civil Service Retirement or Disability Fund pursuant to 
     this Act shall be made from the Weapons Activities account.
                                 ______
                                 

                JEFFORDS (AND LEAHY) AMENDMENT NO. 3025

       Mr. WARNER. (for Mr. Jeffords for himself and Mr. Leahy) 
     proposed an amendment to the bill, S. 2057, supra; as 
     follows:

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

     SEC. 1031. REVIEW AND REPORT REGARDING THE DISTRIBUTION OF 
                   NATIONAL GUARD RESOURCES AMONG STATES.

       (a) Requirement for Review.--The Chief of the National 
     Guard Bureau shall review the process used for allocating and 
     distributing resources, including all categories of full-time 
     manning, among the States for the National Guard of the 
     States.
       (b) Purpose of Review.--The purpose of the review is to 
     determine whether the process provides for adequately funding 
     the National Guard of the States that have within the 
     National Guard no unit or few (15 or less) units categorized 
     in readiness tiers I, II, and III.
       (c) Matters Reviewed.--The matters reviewed shall include 
     the following:
       (1) The factors considered for the process of determining 
     the distribution of resources, including the weights assigned 
     to the factors.
       (2) The extent to which the process results in funding for 
     the units of the States described in subsection (b) at the 
     levels necessary to optimize the preparedness of the units to 
     meet the mission requirements applicable to the units.
       (3) The effects that funding at levels determined under the 
     process will have on the National Guard of those States in 
     the future,

[[Page S7207]]

     including the effects on all categories of full-time manning, 
     and unit readiness, recruitment, and continued use of 
     existing National Guard armories and other facilities.
       (d) Report.--Not later than March 15, 1999, the Chief of 
     the National Guard Bureau shall submit a report on the 
     results of the review to the congressional defense 
     committees.
                                 ______
                                 

                      WELLSTONE AMENDMENT NO. 3026

  Mr. LEVIN (for Mr. Wellstone) proposed an amendment to the bill, S. 
2057, supra; as follows:

       At the appropriate place, add the following:
       Paragraph (1) of section 1076(e) of Title 10, United States 
     Code, is amended to read as follows:
       (1) The administering Secretary shall furnish an abused 
     dependent of a former member of a uniformed service described 
     in paragraph (4), during that period that the abused 
     dependent is in receipt of transitional compensation under 
     section 1059 of this title, with medical and dental care, 
     including mental health services, in facilities of the 
     uniformed services in accordance with the same eligibility 
     and benefits as were applicable for that abused dependent 
     during the period of active service of the former member.'
                                 ______
                                 

                WYDEN (AND GRASSLEY) AMENDMENT NO. 3027
  Mr. LEVIN (for Mr. Wyden for himself, and Mr. Grassley) proposed an 
           amendment to the bill, S. 2057, supra; as follows:

       At the appropriate place, insert the following:

     SEC. ____. ELIMINATING SECRET SENATE HOLDS.

       (a) Standing Order.--It is a standing order of the Senate 
     that a Senator who provides notice to leadership of his or 
     her intention to object to proceeding to a motion or matter 
     shall disclose the objection or hold in the Congressional 
     Record not later than 2 session days after the date of the 
     notice.
       (b) Rulemaking.--This section is adopted--
       (1) as an exercise of the rulemaking power of the Senate 
     and as such it is deemed a part of the rules of the Senate 
     and it supersedes other rules only to the extent that it is 
     inconsistent with such rules; and
       (2) with full recognition of the constitutional right of 
     the Senate to change its rules at any time, in the same 
     manner, and to the same extent as in the case of any other 
     rule of the Senate.
                                 ______
                                 

               DOMENICI (AND BINGAMAN) AMENDMENT NO. 3028

  Mr. THURMOND (for Mr. Domenici for himself and Mr. Bingaman) proposed 
an amendment to the bill, S. 2057, supra; as follows:

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

     SEC. 219 LOW COST LAUNCH DEVELOPMENT PROGRAM.

       (a) Amount From Air Force Funding.--Of the total amount 
     authorized to be appropriated under section 201(3), 
     $5,000,000 is available for the Low Cost Launch Development 
     Program.
                                 ______
                                 

                       DURBIN AMENDMENT NO. 3029

  Mr. LEVIN (for Mr. Durbin) proposed an amendment to the bill, S. 
2057, supra; as follows:

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

     SEC. 1064. DEFENSE BURDENSHARING.

       (a) Revised Goals for Efforts To Increase Allied 
     Burdensharing.--Subsection (a) of section 1221 of the 
     National Defense Authorization Act for Fiscal Year 1998 
     (Public Law 105-85; 111 Stat. 1935; 22 U.S.C. 1928 note) is 
     amended to read as follows:
       ``(a) Efforts To Increase Allied Burdensharing.--The 
     President shall seek to have each nation that has cooperative 
     military relations with the United States (including security 
     agreements, basing arrangements, or mutual participation in 
     multinational military organizations or operations) take one 
     or more of the following actions:
       ``(1) For any nation in which United States military 
     personnel are assigned to permanent duty ashore, increase its 
     financial contributions to the payment of the nonpersonnel 
     costs incurred by the United States Government for stationing 
     United States military personnel in that nation, with a goal 
     of achieving by September 30, 2000, 75 percent of such costs. 
     An increase in financial contributions by any nation under 
     this paragraph may include the elimination of taxes, fees, or 
     other charges levied on United States military personnel, 
     equipment, or facilities stationed in that nation.
       ``(2) Increase its annual budgetary outlays for national 
     defense as a percentage of its gross domestic product by 10 
     percent or at least to a percentage level commensurate to 
     that of the United States by September 30, 1999.
       ``(3) Increase the military assets (including personnel, 
     equipment, logistics, support and other resources) that it 
     contributes or has pledged to contribute to multinational 
     military activities worldwide by 10 percent by September 30, 
     1999.
       ``(4) Increase its annual budgetary outlays for foreign 
     assistance (funds to promote democratization, governmental 
     accountability and transparency, economic stabilization and 
     development, defense economic conversion, respect for the 
     rule of law and internationally recognized human rights, or 
     humanitarian relief efforts) by 10 percent, or to provide 
     such foreign assistance at a minimum annual rate equal to one 
     percent of its gross domestic product, by September 30, 
     1999.''.
       (b) Revised Requirement for Report on Progress in 
     Increasing Allied Burdensharing.--Subsection (c) of such 
     section is amended to read as follows:
       ``(c) Report on Progress in Increasing Allied 
     Burdensharing.--Not later than March 1, 1999, the Secretary 
     of Defense shall submit to Congress a report on--
       ``(1) steps taken by other nations toward completing the 
     actions described in subsection (a);
       ``(2) all measures taken by the President, including those 
     authorized in subsection (b), to achieve the actions 
     described in subsection (a);
       ``(3) the difference between the amount allocated by other 
     nations for each of the actions described in subsection (a) 
     during the period beginning on October 1, 1996, and ending on 
     September 30, 1997, and during the period beginning on 
     October 1, 1997, and ending on September 30, 1998, or, in the 
     case of any nation for which the data for such periods is 
     inadequate, the difference between the amounts for the latest 
     periods for which adequate data is available; and
       ``(4) the budgetary savings to the United States that are 
     expected to accrue as a result of the steps described under 
     paragraph (1).''.
       (c) Extension of Deadline for Report Regarding National 
     Security Bases for Forward Deployment and Burdensharing 
     Relationships.--Subsection (d)(2) of such section is amended 
     by striking out ``March 1, 1998'' and inserting in lieu 
     thereof ``March 1, 1999''.
                                 ______
                                 

                GRAHAM (AND BENNETT) AMENDMENT NO. 3030

  Mr. LEVIN (for Mr. Graham for himself and Mr. Bennett) proposed an 
amendment to the bill, S. 2057, supra; as follows:

       On page 213, between lines 21 and 22, insert the following:
       (a) Findings.--Congress makes the following findings:
       (1) Because of the way computers store and process dates, 
     most computers will not function properly, or at all, after 
     January 1, 2000, a problem that is commonly referred to as 
     the year 2000 problem.
       (2) The United States Government is currently conducting a 
     massive program to identify and correct computer systems that 
     suffer from the year 2000 problem.
       (3) The cost to the Department of Defense of correcting 
     this problem in its computer systems has been estimated to be 
     more than $1,000,000,000.
       (4) Other nations have failed to initiate aggressive action 
     to identify and correct the year 2000 problem within their 
     own computers.
       (5) Unless other nations initiate aggressive actions to 
     ensure the reliability and stability of certain 
     communications and strategic systems, United States 
     nationally security may be jeopardized.
       On page 213, line 22, strike out ``(a)'' and insert in lieu 
     thereof ``(b)''.
       On page 214, line 7, strike out ``(b)'' and insert in lieu 
     thereof ``(c)''.
       On page 215, between lines 20 and 21, insert the following:
       (9) The countries that have critical computer-based systems 
     any disruption of which, due to not being year 2000 
     compliant, would cause a significant potential national 
     security risk to the United States.
       (10) A discussion of the cooperative arrangements between 
     the United States and other nations to assist those nations 
     in identifying and correcting (to the extent necessary to 
     meet national security interests of the United States) any 
     problems in their communications and strategic systems, or 
     other systems identified by the Secretary of Defense, that 
     make the systems not year 2000 compliant.
       (11) A discussion of the threat posed to the national 
     security interests of the United States from any potential 
     failure of strategic systems of foreign countries that are 
     not year 2000 compliant.
       On page 215, line 21, strike out ``(c)'' and insert in lieu 
     thereof ``(d)''.
       On page 215, between lines 23 and 24, insert the following:
       (e) International Cooperative Arrangements.--The Secretary 
     of Defense, with the concurrence of the Secretary of State 
     may enter into a cooperative arrangement with a 
     representative of any foreign government to provide for the 
     United States to assist the foreign government in identifying 
     and correcting (to the extent necessary to meet national 
     security interests of the United States) any problems in 
     communications, strategic, or other systems of that foreign 
     government that make the systems not year 2000 compliant.
       On page 215, line 24, strike out ``(d)'' and insert in lieu 
     thereof ``(f)''.

[[Page S7208]]

                                 ______
                                 

                WARNER (AND SANTORUM) AMENDMENT NO. 3031

  Mr. WARNER (for himself and Mr. Santorum) proposed an amendment to 
the bill, S. 2057, supra; as follows:

       Strike out the matter proposed to be inserted, and insert 
     in lieu thereof the following:

     SEC. 1064. REVIEW OF DEFENSE AUTOMATED PRINTING SERVICE 
                   FUNCTIONS.

       (a) Review Required.--The Secretary of Defense shall 
     provide for a review of the functions of the Defense 
     Automated Printing Service in accordance with this section 
     and submit to the Committee on Armed Services of the Senate 
     and the Committee on National Security of the House of 
     Representatives the matters required under subsection (d) not 
     later than March 31, 1999.
       (b) Performance by Independent Entity.--The Secretary of 
     Defense shall select the General Accounting Office, an 
     experienced entity in the private sector, or any other entity 
     outside the Department of Defense to perform the review. The 
     Comptroller General shall perform the review if the Secretary 
     selects the Comptroller General to do so.
       (c) Report.--The entity performing the review under this 
     section shall submit to the Secretary of Defense a report 
     that sets forth the findings and recommendations of that 
     entity resulting from the review. The report shall contain 
     the following:
       (1) The functions that are inherently national security 
     functions and, as such, need to be performed within the 
     Department of Defense, together with a detailed justification 
     for the determination for each such function.
       (2) The functions that are appropriate for transfer to 
     another appropriate entity to perform, including private 
     sector entity.
       (3) Any recommended legislation and any administrative 
     action that is necessary for transferring or outsourcing the 
     functions.
       (4) A discussion of the costs or savings associated with 
     the transfers or outsourcing.
       (5) A description of the management structure of the 
     Defense Automated Printing Service.
       (6) A list of all sites where functions of the Defense 
     Automated Printing Service are performed by the Defense 
     Automated Printing Service.
       (7) The total number of the personnel employed by the 
     Defense Automated Printing Service and the locations where 
     the personnel perform the duties as employees.
       (8) A description of the functions performed by the Defense 
     Automated Printing Service and, for each such function, the 
     number of employees of the Defense Automated Printing Service 
     that perform the function.
       (9) For each site identified under paragraph (6), an 
     assessment of each type of equipment at the site.
       (10) The type and explanation of the networking and 
     technology integration linking all of the sites referred to 
     in paragraph (6).
       (11) The current and future requirements of customers of 
     the Defense Automated Printing Service.
       (12) An assessment of the effectiveness of the current 
     structure of the Defense Automated Printing Service in 
     supporting current and future customer requirements and plans 
     to address any deficiencies in supporting such requirements.
       (13) A description and discussion of the best business 
     practices that are used by the Defense Automated Printing 
     Service and of other best business that could be used by the 
     Defense Automated Printing Service.
       (14) Options for maximizing the Defense Automated Printing 
     Service structure and services to provide the most cost 
     effective service to its customers.
       (d) Review and Comments of Secretary of Defense.--(1) After 
     reviewing the report, the Secretary of Defense shall submit 
     the report to Congress, together with the Secretary's 
     comments on the report and a plan to transfer or outsource 
     from the Defense Automated Printing Service to another 
     appropriate entity the functions of the Defense Automated 
     Printing Service that--
       (1) are not identified in the report as being inherently 
     national security functions; and
       (2) the Secretary believes should be transferred or 
     outsourced for performance outside the Department of Defense 
     in accordance with law.
       (e) Extension of Requirement for Competitive Procurement of 
     Services.--Section 351(a) of the National Defense 
     Authorization Act for Fiscal Year 1996 (Public Law 104-106; 
     110 Stat. 266), as amended by section 351(a) of Public Law 
     104-201 (110 Stat. 2490) and section 387(a)(1) of Public Law 
     105-85 (111 Stat. 1713), is further amended by striking out 
     ``1998'' and inserting in lieu thereof ``1999''.
                                 ______
                                 

                      SANTORUM AMENDMENT NO. 3032

  Mr. WARNER (for Mr. Santorum) proposed an amendment to the bill, S. 
2057, supra; as follows:

       On page 14, line 23, increase the amount by $17,000,000.
       On page 42, line 23, reduce the amount by $17,000,000.
                                 ______
                                 

                      SANTORUM AMENDMENT NO. 3033

  Mr. WARNER (for Mr. Santorum) proposed an amendment to the bill, S. 
2057, supra; as follows:

       On page 157, between lines 13 and 14, insert the following:
       The program under this section will allow retail to compete 
     for services in delivery of pharmacy benefits without 
     increasing costs to the government or the beneficiaries.
                                 ______
                                 

                 DORGAN (AND CONRAD) AMENDMENT NO. 3034

  Mr. WARNER (for Mr. Dorgan for himself and Mr. Conrad) proposed an 
amendment to the bill, S. 2057, supra; as follows:

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

     SEC. 2827. MODIFICATION OF LAND CONVEYANCE AUTHORITY, FINLEY 
                   AIR FORCE STATION, FINLEY, NORTH DAKOTA.

       Section 2835 of the Military Construction Authorization Act 
     for Fiscal Year 1995 (division B of Public Law 103-337; 108 
     Stat. 3063) is amended--
       (1) by striking out subsections (a), (b), and (c) and 
     inserting in lieu thereof the following new subsections (a), 
     (b), and (c):
       ``(a) Conveyance Authorized.--(1) The Secretary of the Air 
     Force may convey, without consideration, to the City of 
     Finley, North Dakota (in this section referred to as the 
     `City'), all right, title, and interest of the United States 
     in and to the parcels of real property, including any 
     improvements thereon, in the vicinity of Finley, North 
     Dakota, described in paragraph (2).
       ``(2) The real property referred to in paragraph (1) is the 
     following:
       ``(A) A parcel of approximately 14 acres that served as the 
     support complex of the Finley Air Force Station and Radar 
     Site.
       ``(B) A parcel of approximately 57 acres known as the 
     Finley Air Force Station Complex.
       ``(C) A parcel of approximately 6 acres that includes a 
     well site and wastewater treatment system.
       ``(3) The purpose of the conveyance authorized by paragraph 
     (1) is to encourage and facilitate the economic redevelopment 
     of Finley, North Dakota, following the closure of the Finley 
     Air Force Station and Radar Site.
       ``(b) Reversion.--If the Secretary determines at any time 
     that the real property conveyed under subsection (a) is not 
     being used for purposes of the economic development of 
     Finley, North Dakota, all right, title, and interest in and 
     to the property, including any improvements thereon, shall 
     revert to the United States, and the United States shall have 
     the right of immediate entry thereon.''; and
       (c) Abatement.--The Secretary of the Air Force may, prior 
     to conveyance, abate any hazardous substances, in the 
     improvements to be conveyed.
                                 ______
                                 

                  BIDEN (AND LEVIN) AMENDMENT NO. 3035

  Mr. LEVIN (for Mr. Biden for himself and Mr. Levin) proposed an 
amendment to the bill, S. 2057, supra; as follows:

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

     SEC. 1031. REPORT ON THE PEACEFUL EMPLOYMENT OF FORMER SOVIET 
                   EXPERTS ON WEAPONS OF MASS DESTRUCTION.

       (a) Report Required.--Not later than January 31, 1999, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report on the need for and the 
     feasibility of programs, other than those involving the 
     development or promotion of commercially viable proposals, to 
     further United States nonproliferation objectives regarding 
     former Soviet experts in ballistic missiles or weapons of 
     mass destruction. The report shall contain an analysis of the 
     following:
       (1) The number of such former Soviet experts who are, or 
     are likely to become within the coming decade, unemployed, 
     underemployed, or unpaid and, therefore, at risk of accepting 
     export orders, contracts, or job offers from countries 
     developing weapons of mass destruction.
       (2) The extent to which the development of nonthreatening, 
     commercially viable products and services, with or without 
     United States assistance, can reasonably be expected to 
     employ such former experts.
       (3) The extent to which projects that do not involve the 
     development of commercially viable products or services could 
     usefully employ additional such former experts.
       (4) The likely cost and benefits of a 10-year program of 
     United States or international assistance to projects of the 
     sort discussed in paragraph (3).
       (b) Consultation Requirement.--The report shall be prepared 
     in consultation with the Secretary of State, the Secretary of 
     Energy, and such other officials as the Secretary of Defense 
     considers appropriate.
                                 ______
                                 

                 KYL (AND MURKOWSKI) AMENDMENT NO. 3036

  Mr. WARNER (for Mr. Kyl for himelf and Mr. Murkowski) proposed an 
amendment to the bill, S. 2057, supra; as follows:

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

     SEC. 1064. INCREASED MISSILE THREAT IN ASIA-PACIFIC REGION.

       (a) Study.--The Secretary of Defense shall carry out a 
     study of the architecture requirements for the establishment 
     and operation of a theater ballistic missile defense

[[Page S7209]]

     system in the Asia-Pacific region that would have the 
     capability to protect key regional allies of the United 
     States.
       (b) Report.--(1) Not later than January 1, 1999, the 
     Secretary shall submit to the Committee on National Security 
     of the House of Representatives and the Committee on Armed 
     Services of the Senate a report containing--
       (A) the results of the study conducted under subsection 
     (a);
       (B) the factors used to obtain such results; and
       (C) a description of any existing United States missile 
     defense system that could be transferred to key allies of the 
     United States in the Asia-Pacific region to provide for their 
     self-defense against limited ballistic missile attacks.
       (2) The report shall be submitted in both classified and 
     unclassified form.
                                 ______
                                 

               BINGAMAN (AND DOMENICI) AMENDMENT NO. 3037

  Mr. LEVIN (for Mr. Bingaman for himself and Mr. Domenici) proposed an 
amendment to the bill. S. 2057, supra; as follows:

       On page 397, between lines 6 and 7, insert the following:

     SEC. 3137. RELOCATION OF NATIONAL ATOMIC MUSEUM, ALBUQUERQUE, 
                   NEW MEXICO.

       The Secretary of Energy shall submit to the Defense 
     Committees of Congress a plan for the design, construction 
     and relocation of the National Atomic Museum in Albuquerque, 
     New Mexico.
                                 ______
                                 

                      MURKOWSKI AMENDMENT NO. 3038

  Mr. WARNER (for Mr. Murkowski) proposed an amendment to the bill, S. 
2057, supra; as follows:

       At the appropriate place, insert:
       The Senate finds that:
       (1) Compliance with international obligations to destroy 
     the U.S. chemical stockpile by April 28, 2007, as required 
     under the Chemical Weapons Convention (CWC), is a national 
     priority.
       (2) The President should ensure that the Department of 
     Defense and the Department of the Army receive all necessary 
     assistance from federal agencies in expediting and 
     accelerating the destruction of the lethal chemical 
     stockpile.
       (3) The Environmental Protection Agency, as one of the 
     federal agencies with responsibilities to assist the 
     Department of Defense and the Department of the Army, has 
     asserted that is not adequately funded to provide, or meet 
     its national responsibilities under the Resource Conservation 
     and Recovery Act (RCRA) permitting requirements in order to 
     assist the U.S. government in meeting its international 
     obligations to destroy its lethal chemical stockpile.
       (4) The Environmental Protection Agency (EPA) should work 
     in concert with the State and local governments in this 
     process, and that they should properly budget for this 
     process.
       Report Required. The Department of Defense, in coordination 
     with the Environmental Protection Agency, shall report to the 
     congressional defense committees by April 1, 1999, on the 
     following:
       (1) responsibilities associated with obligations under the 
     Resource Conservation and Recovery Act (RCRA) permitting 
     process related to U.S. international obligations under the 
     CWC to destroy the U.S. chemical stockpile;
       (2) technical assistance provided by the EPA to its 
     regional offices and the States and local governments in the 
     permitting process, and how that assistance facilitates the 
     issuance of the environmental permits at the various sites;
       (3) responsibility of the Department of Defense to provide 
     funding to the EPA, for the facilitation of meetings of the 
     National Chemical Agent Demilitarization Workgroup, meetings 
     between the Office of Solid Waste and the affected EPA 
     Regional Offices and States; and meetings between the Office 
     of Solid Waste, the Program Manager for Chemical 
     Demilitarization and the Department of Defense; and,
       (4) responsibility of the Department of Defense and the 
     Department of the Army to provide funds to the Environmental 
     Protection Agency to hire full-time equivalents to assist in 
     the formulation of RCRA permits.
                                 ______
                                 
      BYRD AMENDMENT NO. 3039
  Mr. LEVIN (for Mr. Byrd) proposed an amendment to the bill, S. 2057, 
supra; as follows:

       At the end of title VII, add the following:

     SEC. 708. PROCESS FOR WAIVING INFORMED CONSENT REQUIREMENT 
                   FOR ADMINISTRATION OF CERTAIN DRUGS TO MEMBERS 
                   OF ARMED FORCES.

       (a) Limitation and Waiver.--(1) Section 1107 of title 10, 
     United States Code, is amended--
       (A) by redesignating subsection (f) as subsection (g); and
       (B) by inserting after subsection (e) the following new 
     subsection (f):
       ``(f) Limitation and Waiver.--(1) An investigational new 
     drug or a drug unapproved for its applied use may not be 
     administered to a member of the armed forces pursuant to a 
     request or requirement referred to in subsection (a) unless--
       ``(A) the member provides prior consent to receive the drug 
     in accordance with the requirements imposed under the 
     regulations required under paragraph (4) of section 505(i) of 
     the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)); 
     or
       ``(B) the Secretary obtains--
       ``(i) under such section a waiver of such requirements; and
       ``(ii) a written statement that the President concurs in 
     the determination of the Secretary required under paragraph 
     (2) and with the Secretary's request for the waiver.
       ``(2) The Secretary of Defense may request a waiver 
     referred to in paragraph (1)(B) in the case of any request or 
     requirement to administer a drug under this section if the 
     Secretary determines that obtaining consent is not feasible, 
     is contrary to the best interests of the members involved, or 
     is not in the best interests of national security. Only the 
     Secretary may exercise the authority to make the request for 
     the Department of Defense, and the Secretary may not delegate 
     that authority.
       ``(3) The Secretary shall submit to the chairman and 
     ranking minority member of each congressional defense 
     committee a notification of each waiver granted pursuant to a 
     request of the Secretary under paragraph (2), together with 
     the concurrence of the President under paragraph (1)(B) that 
     relates to the waiver and the justification for the request 
     or requirement under subsection (a) for a member to receive 
     the drug covered by the waiver.
       ``(4) In this subsection, the term `congressional defense 
     committee' means each of the following:
       ``(A) The Committee on Armed Services and the Committee on 
     Appropriations of the Senate.
       ``(B) The Committee on National Security and the Committee 
     on Appropriations of the House of Representatives.''.
       (2) The requirements for a concurrence of the President and 
     a notification of committees of Congress that are set forth 
     in section 1107(f) of title 10, United States Code (as added 
     by paragraph (1)(B)) shall apply with respect to--
       (A) each waiver of the requirement for prior consent 
     imposed under the regulations required under paragraph (4) of 
     section 505(i) of the Federal Food, Drug, and Cosmetic Act 
     (or under any antecedent provision of law or regulations) 
     that--
       (i) has been granted under that section (or antecedent 
     provision of law or regulations) before the date of the 
     enactment of this Act; and
       (ii) is applied after that date; and
       (B) each waiver of such requirement that is granted on or 
     after that date.
       (b) Time and Form of Notice.--(1) Subsection (b) of such 
     section is amended by striking out ``, if practicable'' and 
     all that follows through ``first administered to the 
     member''.
       (2) Subsection (c) of such section is amended by striking 
     out ``unless the Secretary of Defense determines'' and all 
     that follows through ``alternative method''.
                                 ______
                                 

                      HUTCHISON AMENDMENT NO. 3040

  Mr. WARNER (for Mrs. Hutchison) proposed an amendment to the bill, S. 
2057, supra; as follows:

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

     SEC. 2827. CONVEYANCE OF UTILITY SYSTEMS, LONE STAR ARMY 
                   AMMUNITION PLANT, TEXAS.

       (a) Conveyance Authorized.--The Secretary of the Army may 
     convey at fair market value all right, title, and interest of 
     the United States in and to any utility system, or part 
     thereof, including any real property associated with such 
     system, at the Lone Star Army Ammunition Plant, Texas, to the 
     redevelopment authority for the Red River Army Depot, Texas, 
     in conjunction with the disposal of property at the Depot 
     under the Defense Base Closure and Realignment Act of 1990 
     (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 
     note).
       (b) Construction.--Nothing in subsection (a) may be 
     construed to prohibit or otherwise limit the Secretary from 
     conveying any utility system referred to in that subsection 
     under any other provision of law, including section 2688 of 
     title 10, United States Code.
       (c) Utility System Defined.--In this section, the term 
     ``utility system'' has the meaning given that term in section 
     2688(g) of title 10, United States Code.
                                 ______
                                 

                      MURKOWSKI AMENDMENT NO. 3041

  Mr. WARNER (for Mr. Murkowski) proposed an amendment to the bill, S. 
2057, supra; as follows:

       At the appropriate place in the bill insert the following:

     SEC.   .

       No later than December 1, 1998, the Secretary shall submit 
     to the Congress a report recommending alternative means 
     through which a refiner that qualifies as a small 
     disadvantaged business and that delivers fuel by barge to 
     Defense Energy Supply Point-Anchorage under a contract with 
     the Defense Energy Supply Center can--
       (a) fulfill its contractual obligations,
       (b) maintain its status as a small disadvantaged business, 
     and
       (c) receive the small disadvantaged business premium for 
     the total amount of fuel under the contract,
     when ice conditions in Cook Inlet threaten physical delivery 
     of such fuel.

[[Page S7210]]

       Any inability by such refiner to satisfy its contractual 
     obligations to the Defense Energy Supply Center for the 
     delivery of fuel to Defense Energy Supply Point-Anchorage may 
     not be used as a basis for the denial of such refiner's small 
     disadvantaged business status or small disadvantaged business 
     premium for the total amount of fuel under the contract where 
     such inability is a result of ice conditions in Cook Inlet, 
     through February 1999, as determined by the U.S. Coast Guard 
     and if the Secretary of Defense determines that such 
     inability will result in an inequity to the refiner.

                          ____________________