[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.

____________________