[Congressional Record Volume 145, Number 76 (Tuesday, May 25, 1999)]
[Senate]
[Pages S5972-S5974]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2000

                                 ______
                                 

                      HUTCHISON AMENDMENT NO. 389

  (Ordered to lie on the table.)
  Mrs. HUTCHISON submitted an amendment intended to be proposed by her 
to the bill (S. 1059) to authorize appropriations for fiscal year 2000 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       At the appropriate place in the bill, insert the following:
       Sec.   . (a) Congress makes the following findings:
       (1) It is the National Security Strategy of the United 
     States to ``deter and defeat large-scale, cross-border 
     aggression in two distant theaters in overlapping time 
     frames;''
       (2) The deterrence of Iraq and Iran in Southwest Asia and 
     the deterrence of North Korea in Northeast Asia represent two 
     such potential large-scale, cross-border theater 
     requirements;
       (3) The United States has 120,000 troops permanently 
     assigned to those theaters;
       (4) The United States has an additional 70,000 troops 
     assigned to non-NATO/non-Pacific threat foreign countries;
       (5) The United States has more than 6,000 troops in Bosnia-
     Herzegovina on indefinite assignment;
       (6) The United States has diverted permanently assigned 
     resources from other theaters to support operations in the 
     Balkans;
       (7) The United States provides military forces to seven 
     active United Nations peacekeeping operations, including 
     missions in Haiti and the Western Sahara, and some missions 
     that have continued for decades;
       (8) Between 1986 and 1998, the number of American military 
     deployments per year has nearly tripled at the same time the 
     Department of Defense budget has been reduced in real terms 
     by 38 percent;
       (9) The Army has 10 active-duty divisions today, down from 
     18 in 1991, while on an average day in FY98, 28,000 U.S. Army 
     soldiers were deployed to more than 70 countries for over 300 
     separate missions;
       (10) Active Air Force fighter wings have gone from 22 to 13 
     since 1991, while 70 percent of air sorties in Operation 
     Allied Force over the Balkans are U.S.-flown and the Air 
     Force continues to enforce northern and southern no-fly zones 
     in Iraq;
       (11) The United States Navy has been reduced in size to 339 
     ships, its lowest level since 1938, necessitating the 
     redeployment of the only overseas homeported aircraft carrier 
     from the Western Pacific to the Mediterranean to support 
     Operation Allied Force;
       (12) In 1998 just 10 percent of eligible carrier naval 
     aviators--27 out of 261--accepted continuation bonuses and 
     remained in service;
       (13) In 1998 48 percent of Air Force pilots eligible for 
     continuation opted to leave the service.
       (14) The Army could fall 6,000 below Congressionally 
     authorized troop strength by the end of 1999.
       (b) Sense of Congress:
       (1) It is the sense of Congress that--
       (A) The readiness of U.S. military forces to execute the 
     National Security Strategy of the United States is being 
     eroded from a combination of declining defense budgets and 
     expanded missions;
       (B) There may be missions to which the United States is 
     contributing Armed Forces from which the United States can 
     begin disengaging.
       (c) Report Requirement.--
       (1) Not later than July 30, 1999, the President shall 
     submit to the Committee on Armed Services of the Senate and 
     the Committee on National Security of the House of 
     Representatives, and to the Committees on Appropriations in 
     both Houses, a report prioritizing the ongoing global 
     missions to which the United States is contributing troops. 
     The President shall include in the report:
       (I) a proposal for shifting resources from low priority 
     missions in support of higher priority missions;
       (II) a proposal for consolidating or reducing U.S. troop 
     commitments where possible;
       (III) a proposal to reduce U.S. troop commitments 
     worldwide;
       (IV) a proposal for ending low priority missions.
                                 ______
                                 

                        FRIST AMENDMENT NO. 390

  (Ordered to lie on the table.)
  Mr. FRIST submitted an amendment intended to be proposed by him to 
the bill, S. 1059, supra; as follows:

       On page 254, between lines 3 and 4, insert the following:

     SEC. 676. PARTICIPATION OF ADDITIONAL MEMBERS OF THE ARMED 
                   FORCES IN MONTGOMERY GI BILL PROGRAM.

       (a) Participation Authorized.--(1) Subchapter II of chapter 
     30 of title 38, United States Code, is amended by inserting 
     after section 3018C the following new section:

     ``Sec. 3018d. Opportunity to enroll: certain VEAP 
       participants; active duty personnel not previously enrolled

       ``(a) Notwithstanding any other provision of law, an 
     individual who--
       ``(1) either--
       ``(A) is a participant on the date of the enactment of this 
     section in the educational benefits program provided by 
     chapter 32 of this title; or
       ``(B) has made an election under section 3011(c)(1) or 
     3012(d)(1) of this title not to receive educational 
     assistance under this chapter and has not withdrawn that 
     election under section 3018(a) of this title as of such date;
       ``(2) is serving on active duty (excluding periods referred 
     to in section 3202(1)(C) of this title in the case of an 
     individual described in paragraph (1)(A)) on such date;
       ``(3) before applying for benefits under this section, has 
     completed the requirements of a secondary school diploma (or 
     equivalency certificate) or has successfully completed the 
     equivalent of 12 semester hours in a program of education 
     leading to a standard college degree;
       ``(4) if discharged or released from active duty after the 
     date on which the individual makes the election described in 
     paragraph (5), is discharged with an honorable discharge or 
     released with service characterized as honorable by the 
     Secretary concerned; and
       ``(5) during the one-year period beginning on the date of 
     the enactment of this section, makes an irrevocable election 
     to receive benefits under this section in lieu of benefits 
     under chapter 32 of this title or withdraws the election made 
     under section 3011(c)(1) or 3012(d)(1) of this title, as the 
     case may be, pursuant to procedures which the Secretary of 
     each military department shall provide in accordance with 
     regulations prescribed by the Secretary of Defense for the 
     purpose of carrying out this section or which the Secretary 
     of Transportation shall provide for such purpose with respect 
     to the Coast Guard when it is not operating as a service in 
     the Navy;

     is entitled to basic educational assistance under this 
     chapter.
       ``(b)(1) Except as provided in paragraphs (2) and (3), in 
     the case of an individual who makes an election under 
     subsection (a)(5) to become entitled to basic education 
     assistance under this chapter--
       ``(A) the basic pay of the individual shall be reduced (in 
     a manner determined by the Secretary of Defense) until the 
     total amount by which such basic pay is reduced is $1,200; or
       ``(B) to the extent that basic pay is not so reduced before 
     the individual's discharge or release from active duty as 
     specified in subsection (a)(4), the Secretary shall collect 
     from the individual an amount equal to the difference between 
     $1,200 and the total amount of reductions under subparagraph 
     (A), which shall be paid into the Treasury of the United 
     States as miscellaneous receipts.
       ``(2) In the case of an individual previously enrolled in 
     the educational benefits program provided by chapter 32 of 
     this title, the Secretary shall reduce the total amount of 
     the reduction in basic pay otherwise required by paragraph 
     (1) by an amount equal to so much of the unused contributions 
     made by the individual to the Post-Vietnam Era Veterans 
     Education Account under section 3222(a) of this title as do 
     not exceed $1,200.
       ``(3) An individual may at any time pay the Secretary an 
     amount equal to the difference between the total of the 
     reductions otherwise required with respect to the individual 
     under this subsection and the total amount of the reductions 
     with respect to the individual under this subsection at the 
     time of the payment. Amounts paid under this paragraph shall 
     be paid into the Treasury of the United States as 
     miscellaneous receipts.
       ``(c)(1) Except as provided in paragraph (3), an individual 
     who is enrolled in the educational benefits program provided 
     by chapter 32 of this title and who makes the election 
     described in subsection (a)(5) shall be disenrolled from the 
     program as of the date of such election.
       ``(2) For each individual who is disenrolled from such 
     program, the Secretary shall refund--
       ``(A) to the individual in the manner provided in section 
     3223(b) of this title so much of the unused contributions 
     made by the individual to the Post-Vietnam Era Veterans 
     Education Account as are not used to reduce the amount of the 
     reduction in the individual's basic pay under subsection 
     (b)(2); and
       ``(B) to the Secretary of Defense the unused contributions 
     (other than contributions made under section 3222(c) of this 
     title) made by such Secretary to the Account on behalf of 
     such individual.
       ``(3) Any contribution made by the Secretary of Defense to 
     the Post-Vietnam Era Veterans Education Account pursuant to 
     section 3222(c) of this title on behalf of an individual 
     referred to in paragraph (1) shall remain in such account to 
     make payments of benefits to the individual under section 
     3015(f) of this title.
       ``(d) The procedures provided in regulations referred to in 
     subsection (a) shall provide for notice of the requirements 
     of subparagraphs (B), (C), and (D) of section

[[Page S5973]]

     3011(a)(3) of this title. Receipt of such notice shall be 
     acknowledged in writing.''.
       (2) The table of sections at the beginning of chapter 30 of 
     that title is amended by inserting after the item relating to 
     section 3018C the following new item:
``3018D. Opportunity to enroll: certain VEAP participants; active duty 
              personnel not previously enrolled.''.
       (b) Conforming Amendment.--Section 3015(f) of that title is 
     amended by striking ``or 3018C'' and inserting ``3018C, or 
     3018D''.
       (c) Sense of Congress.--It is the sense of Congress that 
     any law enacted after the date of the enactment of this Act 
     which includes provisions terminating or reducing the 
     contributions of members of the Armed Forces for basic 
     educational assistance under subchapter II of chapter 30 of 
     title 38, United States Code, should terminate or reduce by 
     an identical amount the contributions of members of the Armed 
     Forces for such assistance under section of section 3018D of 
     that title, as added by subsection (a).
       (d) Termination of Triana Program of NASA.--(1) The 
     Administrator of the National Aeronautics and Space 
     Administration shall terminate the Triana program.
       (2) Notwithstanding any other provision of law, no funds 
     authorized to be appropriated for the National Aeronautics 
     and Space Administration fiscal year 2000 may be obligated or 
     expended for the Triana program, except $2,500,000 which 
     shall be available for obligation and expenditure in that 
     fiscal year only for the costs of termination of the program.
                                 ______
                                 

                THURMOND (AND OTHERS) AMENDMENT NO. 391

  (Ordered to lie on the table.)
  Mr. THURMOND (for himself, Mr. McCain, Ms. Collins, Mr. Hutchinson, 
Mr. Cleland, Mr. Cochran, Mr. Burns, Mr. Lott, Mr. Mack, and Ms. Snowe) 
submitted an amendment intended to be proposed by them to the bill, S. 
1059, supra; as follows:

       In title VI, at the end of subtitle D, add the following:

     SEC. 659. COMPUTATION OF SURVIVOR BENEFITS.

       (a) Increased Basic Annuity.--(1) Subsection (a)(1)(B)(i) 
     of section 1451 of title 10, United States Code, is amended 
     by striking ``35 percent of the base amount.'' and inserting 
     ``the product of the base amount and the percent applicable 
     for the month. The percent applicable for a month is 35 
     percent for months beginning on or before the date of the 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2000, 40 percent for months beginning after such 
     date and before October 2004, and 45 percent for months 
     beginning after September 2004.''.
       (2) Subsection (a)(2)(B(i)(I) of such section is amended by 
     Striking ``35 percent'' and inserting ``the percent specified 
     under subsection (a)(1)(B)(i) as being applicable for the 
     month''.
       (3) Subsection (c)(1)(B)(i) of such section is amended--
       (A) by striking ``35 percent'' and inserting ``the 
     applicable percent''; and
       (B) by adding at the end the following: ``The percent 
     applicable for a month under the preceding sentence is the 
     percent specified under subsection (a)(1)(B)(i) as being 
     applicable for the month.''.
       (4) The heading for subsection (d)(2)(A) of such section is 
     amended to read as follows: ``Computation of annuity.--''.
       (b) Adjusted Supplemental Annuity.--Section 1457(b) of 
     title 10, United States Code, is amended--
       (1) by striking ``5, 10, 15, or 20 percent'' and inserting 
     ``the applicable percent''; and
       (2) by inserting after the first sentence the following: 
     ``The percent used for the computation shall be an even 
     multiple of 5 percent and, whatever the percent specified in 
     the election, may not exceed 20 percent for months beginning 
     on or before the date of the enactment of the National 
     Defense Authorization Act for Fiscal Year 2000, 15 percent 
     for months beginning after that date and before October 2004, 
     and 10 percent for months beginning after September 2004.''.
       (c) Recomputation of Annuities.--(1) Effective on the first 
     day of each month referred to in paragraph (2)--
       (A) each annuity under section 1450 of title 10, United 
     States Code, that commenced before that month, is computed 
     under a provision of section 1451 of that title amended by 
     subsection (a), and is payable for that month shall be 
     recomputed so as to be equal to the amount that would be in 
     effect if the percent applicable for that month under that 
     provision, as so amended, had been used for the initial 
     computation of the annuity; and
       (B) each supplemental survivor annuity under section 1457 
     of such title that commenced before that month and is payable 
     for that month shall be recomputed so as to be equal to the 
     amount that would be in effect if the percent applicable for 
     that month under that section, as amended by this section, 
     had been used for the initial computation of the supplemental 
     survivor annuity.
       (2) The requirements for recomputation of annuities under 
     paragraph (1) apply with respect to the following months:
       (A) The first month that begins after the date of the 
     enactment of this Act.
       (B) October 2004.
       (d) Recomputation of Retired Pay Reductions for 
     Supplemental Survivor Annuities.--The Secretary of Defense 
     shall take such actions as are necessitated by the amendments 
     made by subsection (b) and the requirements of subsection 
     (c)(1)(B) to ensure that the reductions in retired pay under 
     section 1460 of title 10, United States Code, are adjusted to 
     achieve the objectives set forth in subsection (b) of that 
     section.
                                 ______
                                 

                  GRAMM (AND OTHERS) AMENDMENT NO. 392

  Mr. GRAMM (for himself, Mr. Hatch, and Mr. Thurmond) proposed an 
amendment to the bill, S. 1059, supra; as follows:

       On page 284, strike all on line 7 through line 14 on page 
     286.
                                 ______
                                 

                 McCAIN (AND OTHERS) AMENDMENT NO. 393

  Mr. McCAIN (for himself, Mr. Levin, Mr. Bryan, Mr. Leahy, Mr. Kohl, 
Mr. Lieberman, Mr. Robb, Mr. Kyl, Mr. Hagel, and Mr. Chafee) proposed 
an amendment to the bill, S. 1059, supra; as follows:

       On page 450, below line 25, add the following:

     SEC. 2822. AUTHORITY TO CARRY OUT BASE CLOSURE ROUND 
                   COMMENCING IN 2001.

       (a) Commission Matters.--
       (1) Appointment.--Subsection (c)(1) of section 2902 of 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) is 
     amended--
       (A) in subparagraph (B)--
       (i) by striking ``and'' at the end of clause (ii);
       (ii) by striking the period at the end of clause (iii) and 
     inserting ``; and''; and
       (iii) by adding at the end the following new clause (iv):
       ``(iv) by no later than May 1, 2001, in the case of members 
     of the Commission whose terms will expire on September 30, 
     2002.''; and
       (B) in subparagraph (C), by striking ``or for 1995 in 
     clause (iii) of such subparagraph'' and inserting ``, for 
     1995 in clause (iii) of that subparagraph, or for 2001 in 
     clause (iv) of that subparagraph''.
       (2) Meetings.--Subsection (e) of that section is amended by 
     striking ``and 1995'' and inserting ``1995, and 2001, and in 
     2002 during the period ending on September 30 of that year''.
       (3) Funding.--Subsection (k) of that section is amended by 
     adding at the end the following new paragraph (4):
       ``(4) If no funds are appropriated to the Commission by the 
     end of the second session of the 106th Congress for the 
     activities of the Commission that commence in 2001, the 
     Secretary may transfer to the Commission for purposes of its 
     activities under this part that commence in that year such 
     funds as the Commission may require to carry out such 
     activities. The Secretary may transfer funds under the 
     preceding sentence from any funds available to the Secretary. 
     Funds so transferred shall remain available to the Commission 
     for such purposes until expended.''.
       (5) Termination.--Subsection (l) of that section is amended 
     by striking ``December 31, 1995'' and inserting ``September 
     30, 2002''.
       (b) Procedures.--
       (1) Force-structure plan.--Subsection (a)(1) of section 
     2903 of that Act is amended by adding at the end the 
     following: ``The Secretary shall also submit to Congress a 
     force-structure plan for fiscal year 2002 that meets the 
     requirements of the preceding sentence not later than March 
     30, 2001.''.
       (2) Selection criteria.--Subsection (b) of such section 
     2903 is amended--
       (A) in paragraph (1), by inserting ``and by no later than 
     March 1, 2001, for purposes of activities of the Commission 
     under this part that commence in 2001,'' after ``December 31, 
     1990,''; and
       (B) in paragraph (2)(A)--
       (i) in the first sentence, by inserting ``and by no later 
     than April 15, 2001, for purposes of activities of the 
     Commission under this part that commence in 2001,'' after 
     ``February 15, 1991,''; and
       (ii) in the second sentence, by inserting ``, or enacted on 
     or before May 15, 2001, in the case of criteria published and 
     transmitted under the preceding sentence in 2001'' after 
     ``March 15, 1991''.
       (3) Department of defense recommendations.--Subsection (c) 
     of such section 2903 is amended--
       (A) in paragraph (1), by striking ``and March 1, 1995,'' 
     and inserting ``March 1, 1995, and September 1, 2001,'';
       (B) by redesignating paragraphs (4), (5), and (6) as 
     paragraphs (5), (6), and (7), respectively;
       (C) by inserting after paragraph (3) the following new 
     paragraph (4):
       ``(4)(A) In making recommendations to the Commission under 
     this subsection in 2001, the Secretary shall consider any 
     notice received from a local government in the vicinity of a 
     military installation that the government would approve of 
     the closure or realignment of the installation.
       ``(B) Notwithstanding the requirement in subparagraph (A), 
     the Secretary shall make the recommendations referred to in 
     that subparagraph based on the force-structure plan and final 
     criteria otherwise applicable to such recommendations under 
     this section.
       ``(C) The recommendations made by the Secretary under this 
     subsection in 2001 shall include a statement of the result of 
     the consideration of any notice described in subparagraph (A) 
     that is received with respect

[[Page S5974]]

     to an installation covered by such recommendations. The 
     statement shall set forth the reasons for the result.''; and
       (D) in paragraph (7), as so redesignated--
       (i) in the first sentence, by striking ``paragraph (5)(B)'' 
     and inserting ``paragraph (6)(B)''; and
       (ii) in the second sentence, by striking ``24 hours'' and 
     inserting ``48 hours''.
       (4) Commission review and recommendations.--Subsection (d) 
     of such section 2903 is amended--
       (A) in paragraph (2)(A), by inserting ``or by no later than 
     February 1, 2002, in the case of recommendations in 2001,'' 
     after ``pursuant to subsection (c),'';
       (B) in paragraph (4), by inserting ``or after February 1, 
     2002, in the case of recommendations in 2001,'' after ``under 
     this subsection.''; and
       (C) in paragraph (5)(B), by inserting ``or by no later than 
     October 15 in the case of such recommendations in 2001,'' 
     after ``such recommendations,''.
       (5) Review by president.--Subsection (e) of such section 
     2903 is amended--
       (A) in paragraph (1), by inserting ``or by no later than 
     February 15, 2002, in the case of recommendations in 2001,'' 
     after ``under subsection (d),'';
       (B) in the second sentence of paragraph (3), by inserting 
     ``or by no later than March 15, 2002, in the case of 2001,'' 
     after ``the year concerned,''; and
       (C) in paragraph (5), by inserting ``or by April 1, 2002, 
     in the case of recommendations in 2001,'' after ``under this 
     part,''.
       (c) Closure and Realignment of Installations.--Section 
     2904(a) of that Act is amended--
       (1) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively; and
       (2) by inserting after paragraph (2) the following new 
     paragraph (3):
       ``(3) carry out the privatization in place of a military 
     installation recommended for closure or realignment by the 
     Commission in a report in 2002 only if privatization in place 
     is a method of closure or realignment of the installation 
     specified in the recommendation of the Commission in the 
     report and is determined to be the most-cost effective method 
     of implementation of the recommendation;''.
       (d) Relationship to Other Base Closure Authority.--Section 
     2909(a) of that Act is amended by striking ``December 31, 
     1995,'' and inserting ``September 30, 2002,''.
       (e) Technical and Clarifying Amendments.--
       (1) Commencement of period for notice of interest in 
     property for homeless.--Section 2905(b)(7)(D)(ii)(I) of that 
     Act is amended by striking ``that date'' and inserting ``the 
     date of publication of such determination in a newspaper of 
     general circulation in the communities in the vicinity of the 
     installation under subparagraph (B)(i)(IV)''.
       (2) Other clarifying amendments.--
       (A) That Act is further amended by inserting ``or 
     realignment'' after ``closure'' each place it appears in the 
     following provisions:
       (i) Section 2905(b)(3).
       (ii) Section 2905(b)(4)(B)(ii).
       (iii) Section 2905(b)(5).
       (iv) Section 2905(b)(7)(B)(iv).
       (v) Section 2905(b)(7)(N).
       (vi) Section 2910(10)(B).
       (B) That Act is further amended by inserting ``or 
     realigned'' after ``closed'' each place in appears in the 
     following provisions:
       (i) Section 2905(b)(3)(C)(ii).
       (ii) Section 2905(b)(3)(D).
       (iii) Section 2905(b)(3)(E).
       (iv) Section 2905(b)(4)(A).
       (v) Section 2905(b)(5)(A).
       (vi) Section 2910(9).
       (vii) Section 2910(10).
       (C) Section 2905(e)(1)(B) of that Act is amended by 
     inserting ``, or realigned or to be realigned,'' after 
     ``closed or to be closed''.

                          ____________________