July 11, 1997 CONGRESSIONAL RECORD — SENATE S7253 leaked into the environment. Ade- is sufficient for the TWRS project to slow down work on the Hanford tank quately addressing this situation is ab- proceed with absolutely no delay in the farm cleanup. We are, in fact, trying to solutely essential, and is in fact codi- schedule or change in the intended ensure a stable funding environment fied in the Tri-Party Agreement en- work scope. The TWRS project will for such projects in order that they can tered into by the DOE, EPA, and Wash- have $371 million in authorized funds move forward expeditiously. ington State. Regardless of the method available if the committee mark be- Mr. GORTON. I thank the Senator of contracting selected, the time line comes law. Given anticipated spending for his clarification on these points. I required in that agreement must be rates for both contractor teams, the also appreciate his assurance to sup- met. TWRS project will end fiscal year 1998 port $147 million in TWRS in con- Currently, DOE is employing an in- with a surplus of $207 million. We be- ference and his demonstrated commit- novative contracting approach to deal- lieve this authorization level sends the ment to the environmental manage- ing with the remediation of those tank proper signal to the contractor and the ment privatization concept. I yield the wastes called privatization. DOE em- investor communities that Congress is floor. barked on privatization to attract out- committed to cleaning up Hanford’s f side financial resources to finance the tank farm. GULF WAR VETERANS’ HEALTH final design, construction and oper- Mr. GORTON. Does the committee Mr. BYRD. Mr. President, I support ation of cleanup projects, which would and the chairman further understand the amendment offered by my col- in turn allow their scarce budget re- that the $147 million provided in fiscal league from Connecticut, Senator sources to be used to accelerate other year 1998 represents a very minimum DODD, and I am asking that I be in- amount given the overall work in- cleanup actions. The Department also cluded as a cosponsor. This amendment tended, and the need to bank some wanted to take advantage of a commer- addresses some of the lessons to be budget authority to avoid significantly cial approach that has shown in the learned from the Persian Gulf War in larger budget authority requirements private sector not only to save dollars, relation to the health of U.S. military in later years? but to reduce the time required to ac- personnel who served in that operation, complish the task. Mr. SMITH. Yes, and I can assure the Senator that this committee will take many of whom are suffering from what Section 3104 of the bill authorizes has come to be called Persian Gulf War a close look at the TWRS project next $275 million for DOE environmental Illness, or Gulf War Syndrome. year, and if the issues and reporting re- management privatized projects, in- This amendment requires the Depart- cluding $147 million for TWRS at Han- quirements identified in section 3131 ment of Defense (DoD) and the Depart- ford. This funding is critical to dem- are addressed by DOE, and hopefully ment of Veterans Affairs (VA) to assess onstrate to the privatization contrac- they will be, we will provide the budget the needs of, and prepare plans to pro- tors the Department’s financial com- authority necessary for the continu- vide effective health care to, veterans mitment to proceed with privatization. ation of the project. of the Persian Gulf War and their de- Mr. GORTON. Finally, section 3131, Without sufficient funds being re- pendents. It also directs the DoD and particularly subsection (b), suggests served, the privatization contractors— VA to consider the health care needs of that the authorization amount for pri- which plan to put up their capital to reservists and former members of the develop the cleanup project—and the vatization projects as defined in sec- military who suffer from Persian Gulf contractors’ investors have little as- tion 3104 cannot be used for new con- War Illness and who have fallen surance that TWRS or other privatiza- tractual obligations until DOE pro- through the cracks of the military and tion contracts will be fully funded. vides a report setting forth a number of veterans health care systems. If ulti- While I am concerned that the com- basic cost, construction, and savings mately implemented, this plan, which mittee’s authorization is not high related provisions. Yet, in the context is due by March 1, 1998, would be a sig- enough to preclude some out-year BA of the TWRS project, contracts are al- nificant improvement over the existing spikes for the privatization program, I ready in place with two contractors. tragic situation faced by many Gulf will forgo offering an amendment to in- Each contract contains two parts: a War veterans and their families. This is crease this year’s funding with the un- part A in which the contractors will the responsible way to deal with this derstanding that the committee recog- provide deliverables to support the con- issue, rather than leaving these fami- nizes the need to provide at a minimum struction and operation of a TWRS fa- lies to struggle individually to deal $147 million in budget authorization for cility, and a part B in which DOE, as- with the effects of the invisible wounds TWRS to send the correct signal to the suming part A deliverables are accept- suffered in the service of our Nation. I contractors and financial community. able, authorizes the contractor, or con- have spoken previously about a soldier Do I have the assurance of the Sen- tractors, to proceed with the permit- struggling to provide health care for ator that he will stand fast on the Sen- ting and construction of a waste proc- his child, fighting to cope with the ate position of $147 million for TWRS essing facility. Since two Hanford tank child’s severe deformities and health in the upcoming conference with the waste remediation systems’ contracts conditions that may have resulted House? have already been awarded, and any from his exposure to toxins during the Mr. SMITH. If the Senator will yield, followon work for part B would be con- Gulf War, and about service members yes I will vigorously defend in the con- sidered an exercised option, I want to who have left the military because of ference the Senate position of provid- be clear that these provisions in sec- their declining health and who cannot ing at least $147 million for TWRS. tion 3131 do not constitute an abroga- get medical insurance because of Mr. GORTON. Even if we secure the tion or termination of the current con- health conditions they believe are the full $147 million in conference, as I tracts in existence. direct result of their service. hope we do, the fiscal year 1998 author- Mr. SMITH. If the Senator will yield A special concern that has arisen ization is significantly less than the further, that is correct. It is not the in- from our Gulf War experience concerns administration request. Does the fail- tent to abrogate or terminate the ex- the use of new and investigational ure to authorize TWRS funding at the isting contracts. However, it is the in- drugs and vaccines to protect our mili- administration’s request level in any tent of the provision that any future tary personnel from the deadly effects way suggest that Congress is backing privatization contracts or contract re- of chemical and biological weapons. My away from the TWRS privatization newals or options exercised pursuant to colleague from West Virginia, Senator project? an existing contract funded under sec- ROCKEFELLER, has taken a particular Mr. SMITH. If the Senator will yield tion 3104 must be preceded by a de- interest in this matter, and I commend further, the fact that we did not au- tailed DOE report to Congress as called him for his vigilance in looking after thorize TWRS at the level initially rec- for in section 3131(b) of the bill. With the interests of our military personnel ommended by the administration in no respect to the TWRS contract, the sec- in this regard. This amendment con- way should be viewed as prejudicial. tion 3131 limitations and notice and tains a provision to modify the U.S. We believe the authorization of $147 wait requirement are applicable to the Code to require notice to all service million, coupled with the $170 million authorization to proceed with phase personnel whenever new or experi- already appropriated in fiscal year 1997 1B. We are in no way attempting to mental drugs are being administered. S7254 CONGRESSIONAL RECORD — SENATE July 11, 1997 It also requires the Secretary of De- fense or by the VA, and I am pleased should allow them to choose the meth- fense to ensure that all service mem- that the DoD has moved quickly to od and practitioner they prefer, espe- bers’ medical records accurately docu- award those funds to peer-reviewed re- cially when evidence indicates that a ment the administration of these search programs. I hope that these group of practitioners provides high drugs, so that possible involvement in studies will provide answers in an expe- quality, cost-effective care. future post-war illnesses can be better ditious manner, so that any findings While I am not a doctor, I do believe studied. might be rapidly put to use in provid- that chiropractic health care presents In addition to looking at ways to ing effective treatment for our Persian an important health care option for deal with the health after-effects of the Gulf veterans. It will be helpful to have our soldiers, especially given the types Gulf War, this amendment also imple- an assessment of whether our efforts to of health problems associated with the ments other lessons learned from date to help these soldiers and their rigorous physical activity that our sol- health problems arising from that con- families have been sufficient. diers routinely engage in. Lower back flict. It requires the Secretary of De- Finally, this amendment initiates a pain is a frequent ailment that many fense to establish a system to better program of cooperative DoD-VA clini- soldiers understandably suffer from monitor the health of military person- cal trials to assess the effectiveness of time to time. Many beneficiaries of the nel before deploying them to future op- medical treatment protocols for Per- military health care system support erations overseas, and to maintain sian Gulf veterans suffering from ill- the option to seek chiropractic treat- those records more efficiently. This defined or undiagnosed conditions. ment. I believe we should support that will correct deficiencies noted from the Mr. President, these are useful provi- option. Gulf War experience. The amendment sions that will continue to place a The demonstration program will also requires a plan to better track the much needed focus on the lingering and allow the Department of Defense to daily movements and locations of units serious health concerns remaining gather the necessary information to and individuals during future military from the Persian Gulf War. The slow determine the impact and desirability operations. We have seen how impor- and half-hearted efforts of the Depart- of chiropractic care. I believe this is an tant this is, given the difficulty that ment of Defense to address the health important step toward assuring that DoD has had over the past year in iden- concerns of Persian Gulf veterans over we fully meet the health care needs of tifying those units that were in the vi- the last six years has fed the cynicism our men and women in uniform. They cinity of the Khamisiyah ammunition that is spreading throughout our mili- support the option of using chiroprac- depot when U.S. forces destroyed it tary, causing soldiers to lose con- tic care. Let’s gather the necessary in- after the Gulf War, possibly releasing fidence and faith in the system that is formation in order to make an in- toxic chemical nerve and blister agents supposed to support them, and which formed decision on the matter. I am into the atmosphere. In admitting this they are expected to obey without pleased that the Senate has adopted incident, DoD officials first said only a question. That cynicism is a dark and this amendment. small number of troops were in the im- spreading cancer that must be caught Mr. KOHL. Mr. President, I would like to speak for a few minutes about mediate area, but, over time, the num- and corrected early, before the system the importance of this bill and the pro- ber of units has continued to grow, and is weakened beyond repair. This found responsibility which we have in the number of individuals affected has amendment is a step in that direction, determining our Nation’s defense budg- climbed to over 27,000. The number is and I am pleased to cosponsor it. I expected to continue to grow as more et. thank my colleague, Senator DODD, for I am a cosponsor of a tactical fighter information becomes available. Mr. his efforts. amendment which will be proposed President, these delays only add to the CHIROPRACTIC HEALTH CARE DEMONSTRATION later today by my distinguished col- concerns of our veterans, and only con- PROGRAM league from Wisconsin. Senator tinue to delay the effective medical Mr. CLELAND. Mr. President, I FEINGOLD’s amendment, which calls treatment of affected soldiers. wanted to express my support for the upon the Department of Defense to Also in preparation for future wars in amendment offered by the Chairman of focus on strategic needs rather than which chemical and biological weapons the Senate Armed Services Committee special interests, represents an intel- might be employed, this amendment which would extend a chiropractic ligent and responsible approach to pro- requires a plan to deploy a specialized health care demonstration program tecting the security of our Nation. It is chemical and biological detection unit currently underway by the Department only the first step in what should be a with military forces sent into those of Defense. revolution in our thinking about de- dangerous situations. In the Persian Congress authorized for fiscal year fense planning and spending. Gulf War, some 14,000 chemical alarms 1995 a demonstration program to evalu- Mr. President, some people believe were set out and DoD witnesses have ate the feasibility and desirability of that the revolution in military affairs testified that the alarms sounded an furnishing chiropractic care for the is only a technological revolution: de- average of three times a day, for a military health service system. The veloping cutting-edge technology to total of some 1.7 million alarms. Yet, demonstration was intended to be car- preserve our military dominance into most were dismissed as false alarms or ried out over a 3-year period. Under the the future. In order to be successful, battery tests. That is not information program, major military treatment fa- however, a revolution must impact designed to instill confidence in these cilities were permitted to contract for strategy as well as technology. alarms, to say the least. A specialized chiropractic health care. I would add While we, as a country, lead the unit could provide more reliable detec- that this follows in the wake of Con- world in defense technology, we are not tion and confirmation of the threats gressional support for allowing chiro- making similar progress in our think- faced by our forces. practors to be commissioned in the ing about defense. While our tech- On the medical front, this amend- armed services. This amendment ex- nologies may be sleek, our defense ment calls for a review of the effective- tends the demonstration program for 2 complex is not. As a result, we spend ness of medical research initiatives re- more years and would expand it to at far more than we need to in order to re- garding Gulf War illness, as well as a least three additional military treat- main the world’s superpower. recommendation on the adequacy of ment facilities. Many people say that we can’t cut federal funding for this issue. Last I believe we should expand the range corners when it comes to national se- year, I offered an amendment, which of health care options available to sol- curity. I agree. But that doesn’t mean was adopted, that provided $10 million diers, not restrict them. A few years that we can’t cut costs. In recent for independent scientific research into ago, the distinguished minority leader, weeks we have stood on this floor and the possible role of low levels of chemi- Senator DASCHLE, noted on the Senate cut costs in Medicare and debated all cal warfare agents in Gulf War illnesses floor that the United States has tradi- too limited funding for education. Are and their impact on the children of tionally kept alternative forms of med- we saying that we can we afford to cut Gulf War veterans. This was a field of icine on the fringes of society. He went corners with our children? Our par- inquiry that had not been previously on to note that, while we must protect ents? Of course not. We are saying that addressed by the Department of De- patients from harmful treatment, we we have to cut costs—not corners. July 11, 1997 CONGRESSIONAL RECORD — SENATE S7255 I think we all want the same thing: main a sacred cow to which we are be- testing potential vulnerabilities of to do the best for our country. And holden rather than a tool which we use digitization, because we can bet that that means protecting our children, to further the best interests of our our potential adversaries will be trying our parents, and the security of our Na- country. to undo us. tion. It also means making wise finan- Mr. GLENN. Mr. President, I rise to So, we are requiring a report on cial decisions regarding all of our pri- make a few comments concerning S. digitization and I am pleased that, at orities. Without a sound economy, our 936, the fiscal year 1998 national de- my request, the report will also outline children, our parents, and the security fense authorization bill. the Army’s plans to address jamming of our country are at risk. I worked this year with my colleague vulnerabilities and to use electronic Mr. President, I think we can be from Indiana, Senator COATS, on the countermeasures. I will be looking for- proud of what Congress has done this Subcommittee on Airland Forces. This ward to that report, Mr. President. year in support of a balanced budget. was our first year as chairman and I’d also like to take a moment to dis- Still, within that balanced budget we ranking member on the subcommittee cuss one of the most difficult areas in are not doing enough to challenge old- and I am pleased that we were able to the budget request: funding for tactical style thinking. In particular, I want to work together very cooperatively. aviation programs. The Air Force, draw our attention to the fact that, It was in the spirit of bipartisanship Navy and Marine Corps will all be mod- when every other spending area is up that we reviewed the administration’s ernizing their fighter forces over the for debate and in most cases adjusting budget request, the services’ so-called course of the next two decades. The to budget cuts, the defense budget wish lists, the testimony of our wit- good news is the services will field the seems to be untouchable. nesses and our colleagues’ requests for most modern and the most lethal air- In fact, both the Senate and the funding of various programs. In our craft in the world, the bad news is that House plan to give the Administration first meeting, we agreed that we would these programs will be extraordinarily $2.6 billion more than it requested for adopt criteria for assessing funding re- expensive. defense spending. Why? quests, not unlike the criteria Senator Over the life of the F–22, the F/A–18 Mr. President, it is impossible to MCCAIN and I established in the area of E/F and the Joint Strike Fighter pro- have rational debate about defense military construction several years grams, we can expect to spend several spending issues because there is a ma- ago. hundreds of billions of dollars in pro- jority in this body that hears the words Section 1059 of the bill expresses the curement alone, never mind operations ‘‘cut defense’’ and then does not listen sense of the Senate that, in considering and support costs. Some thought that to anything else. providing additional funding for the maybe the QDR would make dramatic Now, I realize that we have a biparti- Reserve Component equipment, the changes to these programs, but the san budget agreement this year—an Senate look to whether there is a Joint QDR essentially revalidated the re- agreement that takes us toward a bal- Requirements Oversight Council vali- quirements for these programs with anced budget. Out of respect for that dated requirement for the equipment, relatively small changes in the number hard won compromise, I will not intro- that the equipment is in the Reserve of aircraft to be purchased in the out duce any amendments to cut defense Component’s modernization plan and is years—and it is still unclear to me spending at this time. However, I urge in the Defense Department’s Future when, or even whether, those cuts in us, as a Congress and as a Nation, to Years Defense Program, that the equip- the number of aircraft we will buy are set aside our special interests and old- ment is consistent with the employ- going to generate any meaningful sav- style thinking, and to look at defense ment and use of the Reserve Compo- ings. spending just as we approach every nent, that the equipment is necessary Making decisions on the enormous other issue of importance to our Na- for the national security of the coun- funding requests associated with these tion’s future. try, and that additional funds could be programs would be challenging enough Let’s not give the military things obligated in the upcoming fiscal year. alone, Mr. President, but when they they don’t need and, in some cases, Section 1059 expresses the sense of the are put in the context of the overall haven’t asked for. And let’s be realistic Senate that these criteria be met to DOD budget and what just about every- and smart about what it takes to de- the maximum extent practicable. I ap- one acknowledges is a sizable funding fend our national interests. preciate my colleagues’ willingness to shortfall in future procurement ac- Do we really need 18 Trident sub- apply these standards to our funding counts makes this task all the more marines? If we retired just two of the decisions, so that we can work to make daunting. older Tridents, we would still have the sure we are buying things that we truly The Subcommittee on Airland Forces most powerful submarine fleet in the need. had several very good hearings on world—by far. In accordance with the recent report these programs. We had service wit- Similarly, there is an honest debate of the Quadrennial Defense Review, the nesses, OSD witnesses, CBO, and con- among experts about the ideal number bill also adds about $150 million in tractors present testimony on our re- of aircraft carriers. Many believe that funding for the Army’s Force XXI quirements and our progress in these we could hold the fleet down to 10 car- [‘‘21’’], a ‘‘digitization’’ program that I programs both from a technical risk riers and have more than enough to de- agree has a great deal of potential. I and a cost standpoint. fend our global interests. Either of am a strong supporter of the Army’s ef- I have been very concerned that we these plans would save billions of dol- forts and I certainly agree that not repeat mistakes made in the past, lars over the next few years. Why isn’t digitization of the battlefield offers where Congress was left in the dark this debate going on in the Senate? tremendously enhanced situational and we ended up with an unacceptably I could tell you that, if we gave up awareness. expensive program like the B–2 pro- those Tridents or carriers, we could My concern as we embark on this gram. I’ll be very candid, Mr. Presi- fund education or prevent crime or re- multibillion dollar effort is that, in our dent, I have some strong reservations duce the deficit. That’s true. And all of enthusiasm to exploit these tech- about what is currently happening in those initiatives could use more fund- nologies to our advantage, we should the F–22 program. The program is expe- ing. But that is not the only argument not ignore the vulnerabilities to which riencing a $2 billion overrun in the re- I want to make today. Yes, I believe we these systems could already succumb. search and development program, with should spend more on kids. But even if We need to red team this tech- a risk that there may be sizeable cost we already had every dollar we needed nology—by this, I mean, we need to put growth in the procurement program as for education, we still should spend our ourselves in our adversaries’ shoes and well. defense dollars wisely. I do not believe think about what our enemies would do The Air Force and the contractor as- that we are doing that today. to capitalize on our reliance on sure us that they can absorb these I urge all of my colleagues to join me digitization. Would they jam us, would overruns by re-structuring the program in an honest debate about our defense they spoof us, could they bring the and by taking out some preproduction needs. If we don’t start examining the whole system down? I believe that we verification aircraft. Some argue that defense budget more closely, it will re- need to be just as enthusiastic about this approach increases concurrency in S7256 CONGRESSIONAL RECORD — SENATE July 11, 1997 the program, while the Air Force ar- perform more, not less, self-initiated would authorize the Secretary of the gues that by slowing down the engi- audits. In their view, GAO was often Navy to convey at no cost 110 acres of neering and manufacturing develop- subject to rather parochial and narrow real property, including equipment, ment phase of the program that they Member requests which only drained fixtures, special tools, and test equip- will be able to reduce overall GAO’s time and resources. I would note ment all of which comprise the Naval concurrency. I think the jury is still that GAO currently conducts 80 per- Industrial Reserve Plant No. 464 to the out on that Mr. President, and that we cent of its work in response to Member County of Nassau, NY. are going to have to watch this pro- requests. A few years ago, it was far Section 2817, Land Conveyance gram very carefully. more evenly split. Charleston Family Housing Complex, Reasonable minds are going to dis- Since 1921, the Comptroller General Bangor ME. This provision would au- agree on what the best approach is to has had broad authority to evaluate thorize the Secretary of the Air Force addressing this problem. I am afraid programs and investigate on his own to convey at no cost 20 acres of real that I must disagree with the commit- initiative all matters relating to the property currently used as Air Force tee’s approach on F–22. The bill before receipt, disbursement, and use of public housing to the city of Bangor ME. us cuts $500 million out of the pro- money. Self-initiated authority has Section 2818, Land Conveyance Ells- gram—20 percent of this year’s request. provided GAO the flexibility to pursue worth Air Force Base, SD. This provi- I just don’t see how taking such a big critical issues that auditors and inves- sion would authorize the Secretary of cut out of the program can address the tigators uncover in the course of their the Air Force to convey at no cost 5 cost overrun. There’s no connection be- work. It is essential to the mainte- parcels of land totalling more than 290 tween the two as far as I can tell, and nance of generally accepted standards acres to the Greater Box Elder Area worse than that, I’m concerned that of independence and impartiality. Any Economic Development Corporation in cutting the program will only serve to restriction of this authority would be Box Elder, SD. Each of the five parcels increase the technical risk. akin to us muzzling the auditor. The I don’t want my colleagues to mis- of land contains military housing effect of this provision would be that, units. understand me. I agree that we need to for example, work could not proceed on be vigilant in our oversight of the F–22 the next set of high risk list reports I am extremely disappointed that the program and we need to make sure until all Member requests—just think committee has discontinued a process that adequate controls are in place so if a Member requested GAO to examine to evaluate land conveyances which that we don’t end up with runaway alien abductions—not only had been started when I was chairman of the costs. But, I think a better way to deal staffed, but had been completed. On Readiness Subcommittee, and which with the situation is to fence the large jobs, it may take well over a year was continued by Senator MCCAIN money—put up hurdles that the Air to do the work. when he was chairman. This informal Force must clear before it can have all I know from my long service on the process sought to ensure that tax- of the money that’s been requested. Governmental Affairs Committee that payer’s interests were partially pro- Once those hurdles have been cleared, Members often disagree with GAO’s tected, by conducting an expedited 30- the Air Force can move forward with conclusions on a particular report. day screen conducted by the General the program as planned. Under the That has happened to me more than Services Administration for other Fed- committee bill, even if the Air Force once. But if we demand objectivity, and eral interest of each proposed convey- meets every program requirement, I think all of us do, then we must give ance. Because these land conveyance they will still be $500 million short at GAO the independence and authority provisions waive the Federal Property the end of the year—it seems more pu- they need to do the job. We want them and Administrative Services Act, the nitive than remedial, Mr. President. to be able to investigate mismanage- committee cannot assure taxpayers There are some other parts of the bill ment or fraud wherever it exists. that the Federal Government is not to which I am adamantly opposed. I regret that this committee did not seeking to acquire property that is First, I take strong exception to the see fit to consult with GAO’s authoriz- similar to what the legislative provi- section included in the general provi- ing committee before slipping this pro- sions are giving away. sions which would prevent the General vision in a massive bill at the last mo- Now, Mr. President, some have sug- Accounting Office [GAO] from conduct- ment. I know that I, during my chair- gested that screening this property for ing any self-initiated audits, under its manship of the Governmental Affairs Federal interest is just a bureaucratic basic legislative authority, until all Committee, would at least have con- procedure that delays the productive other outstanding congressional re- sulted with the Armed Services Com- use of property which the Member in quests have been completed. mittee if we were going to act on legis- his or her judgement believes to be the This language amends title 31 of the lation affecting title 10. best interest of his or her constituents. United States Code and is an unwar- For these reasons, I will do all I can Others have suggested that this process ranted and unjustified intrusion into to strike this provision from this bill is a waste of time because the expe- the jurisdiction of the Committee on and I would hope my colleagues on dited screening policy implemented by Governmental Affairs. It represents a both committees would join with me. Senator MCCAIN and myself never re- major policy shift in the operation and The committee’s bill contains five sulted in property being flagged for authority of GAO. One which this com- land conveyance provisions—including other Federal use. mittee adopted without any consulta- one that was added at literally the last I would like to address each of these tion or input from the Governmental minute of the markup—and in their points. Affairs Committee. current form I am opposed to each of First, Federal screening is the law of The Governmental Affairs Commit- them. These conveyances are as fol- the land. If Congress, and the Armed tee held an oversight hearing on GAO lows: last Congress. There were several Mem- Section 2813, Land Conveyance Haw- Services Committee in particular, be- bers on each side of the aisle at that thorne Army Ammunition Depot, Min- lieve that it is no longer necessary, the time who served on both committees. I eral County NV. This provision would appropriate action is to amend the don’t recall any Member raising this as authorize the Secretary of the Army to Federal Property and Administrative an issue or discussing problems regard- convey, at no cost, 33 acres of real Services Act. It also appears that the ing GAO’s self-initiated audits to light. property currently used as Army hous- intent of several of these conveyances Moreover, the committee, under my ing to Mineral County Nevada. is to get around the McKinney Act chairmanship, contracted with the Na- Section 2815, Land Conveyance, which Congress passed to address the tional Academy of Public Administra- Topsham Annex Naval Air Station, needs of the homeless. I think it should tion [NAPA] to comprehensively re- Brunswick ME. This provision would be made clear that the McKinney Act view GAO’s management and oper- authorize the Secretary of the Navy to has by and large been successful in pro- ations. The NAPA study did not iden- convey, at no cost to the Maine School viding housing to the homeless. If the tify any problems related to GAO’s Administrative District No. 75, 40 acres proponents of these conveyances dis- conduct under their basic legislative or real property including improve- agree, they should seek to amend authority, nor did it make any rec- ments to the property. McKinney rather than continually ommendations for our consideration on Section 2816, Land Conveyance Naval waive it. this issue. In fact, quite the contrary. Weapons Industrial Reserve Plant No. Now let me explain why Federal Some analysts thought GAO should 464 Oyster Bay, NY. This provision screening of excess property makes July 11, 1997 CONGRESSIONAL RECORD — SENATE S7257 sense. I refer to a chart provided by the budget for the space-based laser by $118 essary to either conduct our peacetime General Services Administration enti- million. Deployment of this dubious operations or credibly maintain a com- tled, ‘‘Recent Examples of Excess Real star wars holdover would violate the bat force capable of carrying out two Property Screened by GSA with Fed- ABM Treaty, cost an exorbitant nearly simultaneous major regional eral Agencies and Subsequently Trans- amount, and not address any real cur- contingencies. Unfortunately, I do not ferred to other Federal Agencies for rent or anticipated near-term threat to believe it is possible to build a consen- Continued Federal Use.’’ our security. I have similar concerns sus in the Congress to maintain the ap- Mr. President this chart shows why about the $80 million that the commit- propriate size force, which I believe to Federal screening of excess property tee is recommending for the antisat- be about 1.6 million active duty, when saves taxpayer dollars. The chart lists ellite [ASAT] program. the Defense Department, itself, argues five examples, including two from the The committee can find $118 for the that it does not need these personnel Department of Defense, where excess space based laser and $80 million for and views the savings from end property from one agency was trans- ASAT, but is slashing $135 million from strength reductions as a relatively ferred to another Federal agency as a one of our most valuable national secu- easy way to fund its weapons pro- result of the screening process. The rity programs, the Cooperative Threat grams. total value of property in these five ex- Reduction Program. The proposal to Mrs. FEINSTEIN. Mr. President, I amples is almost $36 million. What this cut $25 million from the Energy De- rise in support of the DOD authoriza- means Mr. President, is that the partment’s Materials Protection, Con- tion bill for fiscal year 1998. This is a screening process saved Federal tax- trol and Accounting [MPC&A] Pro- responsible bill that recognizes the na- payers $36 million dollars because the gram, another $50 million from the De- tional security threats we face, and receiving agencies were able to utilize partment’s international nuclear safe- properly funds the operations and mod- ty program, and $60 million from the property which the holding agency no ernization accounts needed to support CTR program itself—are to me ex- longer needed. the finest military in the world. Now I would ask the chairman or tremely ill-advised. I strongly support Over the past year, we have been con- ranking member of the Readiness Sub- the efforts by Senator BINGAMAN to re- stantly reminded that our military committee whether he can tell me if store and to increase funds for the must be able to respond to a variety of MPC&A Program and the Initiatives there is any Federal interest in the threats all over the globe. The United for Proliferation Prevention program. property which the committee proposes States is unlike any other country in Perhaps most extraordinary of all that we can identify important na- to give away? was the committee’s agreement to in- I would further ask my friends what tional interests in every region on the crease the National Missile Defense harm they see in ensuring that tax- Earth, and our military must have the Program by a whopping $474 million payer’s interests are minimally pro- right equipment, training and re- without even first requiring a detailed tected by requiring a Federal screen sources to protect those interests. Our explanation of how these funds would Armed Forces must be prepared for a before allowing these conveyances to be spent. The committee’s action offers go forward? Would my colleague con- strong evidence of a double standard at variety of missions, from peacekeep- sider accepting an amendment for each work in the current Congress, in which ing, humanitarian, and peace enforce- of the conveyances I have identified social and environmental programs are ment operations to rapid, full scale de- that would require a satisfactory Fed- being slashed and subjected to congres- ployment. This authorization bill recognizes the eral screen as a condition of the con- sional micromanagement, while a mas- missions and roles our Armed Forces veyance? sive and provocative defense program will face and provides an appropriate It seems to me that there is the po- escapes close congressional scrutiny. level of funding. While the fiscal year tential with these land conveyances for The committee is giving all the appear- the taxpayer to lose twice. Once be- ance here of handing the NMD Program 1998 DOD authorization bill is nearly $3 cause another Federal agency may a blank check, at the same time an- billion higher than the President’s have a need for this property. And a other bill, S. 7, would force the Presi- budget request, it keeps total defense second time because we are authorizing dent to deploy a NMD system by the spending $3.3 billion below last year’s the military to give away the property year 2003. I regard these actions both as inflation adjusted level. Although some instead of trying to seek a fair market poor defense policy and poor manage- of my colleagues may think this a neg- value for it. ment of the public’s funds. ligible reduction, this is the 13th year In the past, when I was chairman of Finally, I regret that the committee in a row where the U.S. defense budget the Readiness Subcommittee we asked has acceded to the Department’s re- is less than it was the year before. the General Services Administration to quest to cut end strength further. I un- I believe this bill takes a significant provide a preliminary estimate of the derstand the rationale that is used to step forward regarding DOD’s depot value of the property which the com- support continued end strength reduc- maintenance policy. It maintains the mittee was proposing to give away. I tions, i.e., to cut end strength in order public/private competition for depot would note that each of the five con- to generate cash savings that can help maintenance workloads at Kelly and veyances included in the committee’s pay for modernization programs, and I McClellan Air Force Bases which can bill would convey the property for no agree completely that our service- save future taxpayer dollars. If the consideration. I think, at a minimum, members deserve to have the best and competitions for these workloads are we should at least have a ball park es- most modern equipment available. won by the private sector, hundreds of timate of how much money the Gov- However, I do not agree with the ap- millions of dollars in savings could be ernment is losing with these provi- proach that we reduce the size of the realized by avoiding the costs of new sions. force to pay for it. military construction, movement of I would expect that my colleagues We are using the military for peace- the workload, and retraining workers who speak of the importance of bal- time operations as much today as at at the remaining Air Logistics Centers. ancing the budget and are so-called any time during the cold war. I believe Privatization of non-core depot main- deficit hawks would be interested in that if we want to continue to deploy a tenance workloads is supported by Gen. the result of GSA’s valuation of these superb and ready force, we cannot cut John Shalikashvili, Chairman of the properties. the size of the force year after year and Joint Chiefs of Staff, Dr. John White, To conclude I have asked the GSA to operate at the same optempo. Even if Deputy Secretary of Defense, the Aero- conduct a 30-day screen for each prop- modernization programs can reduce the space Industries Association, Business erty, and make an estimate, to the ex- manpower needed to conduct wartime Executives for National Security, and tent possible, of the value of each pro- or peacetime operations in the long the U.S. Chamber of Commerce. Public/ posed conveyance. I will make this in- term, in the near term, we still need private competition is a good idea, and formation available to my colleagues people to carry out our important I am pleased this bill recognizes its as soon as I have it. worldwide commitments. value. In addition, I am strongly opposed to I am concerned that we are rapidly This bill also moves to address the the committee’s action in raising the falling below the manning levels nec- critical readiness issues by author- S7258 CONGRESSIONAL RECORD — SENATE July 11, 1997 izing more than $77 billion in near- cuts, especially when this bill author- has been found. Indeed, the Pentagon term readiness funding. This includes izes $2.6 billion more than the Presi- has been unwilling to reconsider Colo- an increase of more than $1 billion for dent’s request. nel Echols’ circumstance. They have high priority programs such as ammu- Finally, Mr. President, I believe the also opposed my amendment to this nition procurement, flying hours, cold Senate has acted wisely in requiring a legislation. weather gear, and barracks renovation. comprehensive study of the base clo- I offered my amendment in an at- This year’s defense bill also recog- sure process before any further base re- tempt to address the specific situation nizes the needs of our men and women alignment and closure rounds can of district court judges serving in the in uniform. I believe the committee occur. As the senior senator from Cali- National Guard. Considering that the wisely includes additional military fornia, I have seen firsthand how cum- chief of the sixth circuit has written construction projects, adopts a single, bersome and nightmarish the BRAC that Mr. Echols’ Guard service does not price-based housing allowance based on process has been. Communities con- hinder his ability to serve as a judge, it a national index for housing costs, and tinue to struggle with the base reuse is clear to me that civil servants in a 2.8 percent pay raise to better our process. In addition, environmental this category should be considered for uniformed military’s standard of liv- cleanup of closed bases is proceeding National Guard service on a case-by- ing. much slower and at much greater cost case basis. That is what my amend- I applaud the adoption of Senator than expected. Finally, there are no re- ment would have done. STEVENS’ amendment, to which I was liable figures to show how much the Nevertheless, it has become clear to an original cosponsor, to create a posi- Department of Defense has saved in the me that pressing forward in this fash- tion on the Joint Chiefs of Staff for a prior BRAC rounds, much less reliable ion at this time will only delay passage four-star general to represent the Na- estimates for savings in future rounds. of the critical Defense authorization tional Guard Bureau. The National I will not vote for further base closure bill, probably without rectifying the Guard is a vital part of our armed serv- rounds until these problems are re- underlying problem. I will, therefore, ices, serving in times of crisis both at solved. withdraw the amendment at this time. home and abroad. A four-star general Mr. THOMPSON. Mr. President, I I do intend, however, to continue work- will give the National Guard, which seek to withdraw an amendment I have ing to find a solution to this unfair sit- now comprise 55 percent of our ground filed to the fiscal year 1998 Defense au- uation which penalizes Americans forces, equal consideration and input thorization bill because I see that seeking to serve their country and un- at the real decision making levels in pressing ahead with this amendment at dermines the effectiveness of National the Department of Defense. this time would only delay passage of Guard units. I do not, however, support all the this important legislation. Before I for- Mr. LUGAR. Mr. President, as the extra funds that were added to this mally withdraw my amendment, how- fiscal year 1998 Defense authorization bill. I felt it important to support of ever, I wish to inform my colleagues bill moves to conference to resolve dif- Senator BINGAMAN’s amendment to cut about the circumstances which ferences between the Senate and House $118 million from the Space Based prompted me to introduce this meas- versions of the bill, I am hopeful the Laser Program. I believe that a na- ure—circumstances which continue conferees will give careful consider- tional missile defense is a laudable today. ation to the Senate provision address- goal. There is, however, no immediate A basic unfairness exists within the ing the issue of the disposal of the U.S. or even mid-term threat to U.S. secu- current regulations for membership in chemical weapons stockpile. This pro- rity that suggests the need for the im- the National Guard. This inconsistency vision requires an additional report to mediate development of this space arbitrarily penalizes some patriotic Congress by the Secretary of Defense based national missile defense system. Americans who serve their country on options available to the Department Only Russia and China have nuclear- well. It also hinders the ability of some of Defense for the disposal of chemical armed ICBM’s that can reach the Unit- National Guard units to attract and re- weapons and agents. ed States and China has no more than tain the most qualified individuals, Since 1985, Congress has directed the a dozen or so of these weapons. There is thereby undermining the effectiveness Army to conduct a number of studies consensus within the national security of those units. and evaluations of our Nation’s chemi- and intelligence communities that it is This situation was brought to my at- cal weapons stockpile in order to deter- very unlikely that additional countries tention because of a constituent of mine the safest and most effective can or will build ICBM’s within the mine, Robert Echols, of Nashville. Mr. method of disposal. Regardless of the next two decades. Echols, a Federal district court judge destruction timetables set forth in the I will continue to strongly support in the Sixth Judicial Circuit in Ten- recently ratified Chemical Weapons the funding of critical theater missile nessee, is also a colonel in the Ten- Convention, U.S. chemical agents and defense systems and a national missile nessee National Guard where he has munitions must be disposed of by 2004 defense system that meet projected served with distinction for 27 years. In as a matter of national policy. threats and achieve an affordable bal- September 1995, Colonel Echols was Determining a safe and cost effective listic missile defense. Under this sce- recommended for promotion to the method for disposal of our Nation’s nario, should threats to the United rank of brigadier general. chemical weapons stockpile is an issue States begin to materialize, we will Although Colonel Echols’ promotion of concern to many communities and have sufficient lead-time to respond to was supported by the chief judge of the citizens located near the Army’s eight those threats, and dedicate higher sixth judicial district, the Tennessee CW storage sites. In my home State funding levels to develop and deploy a National Guard, and the National more than 1,000 1-ton containers of national missile defense system. Guard Bureau here in Washington, to bulk VX nerve agent are stored at the I also supported the Wellstone date his promotion has been delayed. Newport Army Chemical Activity, amendment to offset cuts in the veter- The Assistant Secretary of the Army Newport, IN. ans’ health care budget by allowing the for Manpower and Reserve Affairs has At the direction of Congress, the Secretary of Defense to transfer up to cited a regulation limiting Guard serv- Army examined a range of disposal op- $400 million from DOD funds. I believe ice by certain Federal officials to ex- tions and methods and involved signifi- it is imperative that we support our plain this delay. Further exacerbating cant public participation in the review veterans who have fought to guarantee the unfairness to Colonel Echols is the process. The Army also considered the us our freedom. The planned cuts in fact that this regulation is inconsist- recommendations contained in an inde- the VA will certainly have an effect on ently applied. Other Federal officials pendent report on certain alternative the availability and quality of health who should fall within the scope of the technologies prepared by the National care and other essential services that regulation serve in the Guard Academy of Sciences at the request of are available to our veterans. I believe unhindered. Congress. it would be only fair to give the Sec- I have been working with the Penta- On December 6, 1996, the Army rec- retary of Defense the ability to trans- gon since early this year to rectify this ommended that the Department of De- fer the funds which would offset the VA unfair situation. Thus far, no solution fense utilize a neutralization process July 11, 1997 CONGRESSIONAL RECORD — SENATE S7259 for disposal of bulk chemical agents wonderful President pro tempore, has to visit many bases both here and stored at Aberdeen Proving Ground, worked hardest to make sure that we abroad. The state of our military hous- MD, and Newport, IN. On January 17, have the armed services authorization ing is deplorable. 1997, the Department of Defense au- with the policies in place that we need We cannot begin to shift enough thorized the Army to proceed with the to provide for the strong national de- funds there if we can’t find the funds to necessary activities to pilot test two fense of this country. I commend him shift. One of the ways proposed to ad- neutralization-based processes for the and his ranking member, Senator dress that is additional rounds of base destruction of chemical agents stored LEVIN, and all of those on the commit- closings. I know they are painful. None at Aberdeen and Newport. tee who have tried to make sure that of us want to close bases in our States. As the conference meets to resolve we are using our tax dollars in an effi- I have had to participate in two base differences between the House and Sen- cient way but with the foremost goal of closings in our State and we only had ate-passed versions of the fiscal year providing the security of our country two bases. But the people of Indiana 1998 Defense authorization bill, I am and for the support of the troops both supported that because they felt it was hopeful conferees will be mindful of the in training, quality of life, and the necessary, we did have excess capacity. important progress made by Congress technology that we need to make sure And it was done in a fair manner. It and the Army since 1986 to address this that our troops are the safest they can was not easy. It was not painless. But issue. be when they are in the field and that it was necessary. Mr. WARNER. Mr. President, on be- they have the best equipment of any The argument that we have heard half of the distinguished chairman, we troops in the world, so that when they here on the floor that we don’t know are prepared to exchange a package of are called on to fight for the security what the cost is going to be is a ludi- routine amendments which have been of our Nation, they will be able to do crous argument. If you take that to its agreed to by the chairman, Mr. THUR- the job. logical conclusion, we ought to be dou- MOND, and the distinguished ranking I commend the committee and I com- bling the number of bases because it is member, Mr. LEVIN, and as far as this mend its leaders. going to save us money, because if cut- Senator knows that is the last item I thank the Chair. I yield the floor ting bases costs money it just makes prior to final passage. and suggest the absence of a quorum. sense that adding bases, new bases, Mr. LOTT. Mr. President, it sounds The PRESIDING OFFICER. The would save money. to me as if good progress has been clerk will call the roll. Every industry in America has had to made here, and we are about ready to The assistant legislative clerk pro- adjust to the global changes that are come to final passage on this very im- ceeded to call the roll. taking place in business and become portant legislation. I think it is a mon- Mr. COATS. Mr. President, I ask more productive. They have had to do umental achievement to be able to unanimous consent that the order for more with less. So whether it’s auto move a Department of Defense author- the quorum call be rescinded. companies or electronics manufactur- ization bill in the way this has been The PRESIDING OFFICER. Without ers or whatever, they have had to close moved and in the time it has been objection, it is so ordered. excess capacity. Does that mean people moved. Mr. COATS. Mr. President, I do not get laid off? Yes. Transferred? Yes. Therefore, after this vote, then, it intend to talk any longer than nec- Does it mean that communities are im- will be the last vote of today. Follow- essary, until we get a signal that we pacted? Yes. But for the institution to ing the disposition of the DOD author- are ready to go to final passage. I don’t be viable for the future, it is a nec- ization bill, the Senate will proceed to want to hold anything up. I know a lot essary step. Otherwise everybody gets executive session to consider the nomi- of people have planes to catch and com- hurt. Yet we refuse to do that here. I nation of Joel Klein to be an Assistant mitments to make, and are very anx- am just disappointed that we could not Attorney General. I expect some debate ious to finalize this bill as quickly as at least put some process—not even de- at the very minimum on that nomina- possible. But, in that we were in a fining the process—but some process tion today. The Senate will begin the quorum call and not quite there yet, that would move us toward reducing DOD appropriations bill at 12 noon on let me just take this opportunity to this infrastructure and addressing the Monday and at 3 p.m. on Monday con- say how profoundly disappointed I am long-term problem that we have. duct a cloture vote on the Klein nomi- that we were not able to do anything to We might not get the savings in 3 nation. Therefore, the next rollcall move toward additional base closings. years. It might not directly offset in vote will occur at 5 p.m. on Monday. I I doubt there is a Member in this the 5-year budget plan. But we know it encourage all Members who intend to body that doesn’t understand that we is going to accrue positively for the De- amend the DOD appropriations bill to have too much capacity. We had a force partment of Defense at some point in be prepared to offer their amendments structure designed to address the cold the future; that maintaining these on Monday. We hope to complete that war. The threats have changed, the bases is simply going to continue to bill by the close of business or after- force structure has been reduced, but drain money from essential functions, noon Tuesday. This will be the final the base infrastructure has not been re- to put pressure on pay, to put pressure vote this week until Monday. duced accordingly. As a consequence, on health care for the military mem- I yield the floor, Mr. President. with a fixed top budget line, that bers and their dependents, to put pres- The PRESIDING OFFICER. Who means we have to spread our resources sure on housing, quality of life, mod- seeks recognition? around in areas that are not essential ernization and everything else. Mr. WARNER. Mr. President, I sug- and sacrifice areas that are essential. Mr. President, we are moving toward gest the absence of a quorum. We do not begin to have the amount finalizing this bill. It looks like an The PRESIDING OFFICER. The of money needed to modernize our agreement is reached and I will yield clerk will call the roll. forces. We have been talking about this the floor. We can talk about this more The assistant legislative clerk pro- for years and we keep postponing that. at another time. ceeded to call the roll. The quality of life for our soldiers, par- Several Senators addressed Chair. Mrs. HUTCHISON. Mr. President, I ticularly in housing, has suffered. The The PRESIDING OFFICER. The Sen- ask unanimous consent that the order state of our military housing is deplor- ator from Arizona. for the quorum call be rescinded. able. Nearly two-thirds of current mili- Mr. MCCAIN. Mr. President, the fis- The PRESIDING OFFICER. Without tary housing is substandard and sub- cal year 1998 Defense budget request objection, it is so ordered. standard by military standards, which sent over by the administration contin- Mrs. HUTCHISON. Mr. President, as is even below civilian standards. I am ues to reflect the low priority given to soon as this is worked out, I will not ashamed at what we ask people who our men and women serving in the hold up the vote, but I just want to commit to serve this country to live in; armed services. For the third straight commend everyone for getting this how we ask them to live. I have toured year, the administration has inad- very important bill through the Sen- and visited those barracks, those equately funded the national security ate. The distinguished committee homes. As former chairman of the per- interest of this Nation, particularly in chairman, Senator THURMOND, our sonnel subcommittee, I made it a point the modernization accounts. Congress S7260 CONGRESSIONAL RECORD — SENATE July 11, 1997 added $2.6 billion in funding to the ad- motive and combat vehicle technology Objectionable programs in the fiscal year ministration’s request in order to pro- research, including research on vehicle 1998 Senate Armed Services defense vide the resources necessary to execute composites, electric drives, and battery bill—Continued required national tasking. Addition- recharging. [In millions of dollars] ally, the committee refocused the ad- Included are plus-ups to medical re- Army Research Institute ...... 3.6 ministration’s budget request, adding search and development projects total- National Automotive Center ...... 4.0 over $5.2 billion to the procurement ing over $26.5 million for retinal dis- Plasma Energy Pyrolysis System 8.7 and research and development mod- play research, freeze dried blood, and Radford Environmental Develop- ernization accounts. human factors engineering, among oth- ment and Mgmt. Program ...... 6.0 Service Chiefs requested that any po- ers. Naval Surface Warfare Center tential additional funding be devoted Funding of approximately $17 million (ID) and Industry R&D ...... 1.75 Intravenous Membrane Oxygena- toward key modernization accounts, as for unrequested research into the next tor Technology ...... 1.0 reflected in the respective services un- generation Internet. I believe Bill Navy: funded priority lists. Unfortunately, Gates and Steve Jobs are capable of Oceanographic and Atmospheric the bills proposed by the Senate Armed continuing the computer revolution Technology ...... 16.0 Services Committee and the House Na- without additional funding from DOD. Medical Development ...... 2.5 tional Security Committee include a Mr. President, in summary, I am sure Industrial Preparedness ...... 50.0 plethora of programs not requested by there are many programs on my list National Oceanographic Partner- which may be good programs. I am sure ship Program ...... 16.0 the Defense Department, virtually ig- Freeze-Dried Blood Research noring the request of the Pentagon and that they benefit certain States, how- Project ...... 2.5 impeding the military’s ability to ever, with military training exercises Air Force: channel resources where they are most continuing to be cut, backlogs in air- Phillips Lab Exploratory Devel- needed. In my opinion, this bill con- craft and ship maintenance, flying opment ...... 15.0 tains in excess of $4.9 billion in ques- hour shortfalls, military health care High Frequency Active Auroral tionable add-ons and expenditures that underfunded by $600 million, and 11,787 Research Program ...... 11.0 do little to contribute to our national servicemembers reportedly on food Defensewide: stamps, I believe we need to forgo, in Electronic Commerce Resource security. Similarly, the House defense Centers ...... 3.0 bill contains over $5.5 billion in objec- General Fogleman’s terms, the ‘‘Em- Management Headquarters (Aux- tionable defense adds. barrassment of riches’’. iliary Forces) ...... 5.8 Mr. President, the following high- Overall, I believe the committee has Advanced Lithography ...... 22.0 light some of the more egregious produced a fine defense bill, and I voted OPERATION AND MAINTENANCE projects: in favor of reporting it out of commit- The military construction and family tee. It is imperative that we maintain Center for Excellence in Disaster housing accounts received unrequested Management and Humanitarian the additional $2.6 billion added to the Assistance (Hawaii) ...... 5.0 plus-ups for low-priority U.S. based administration’s request and I support projects totaling over $772.0 million, in- the redirection of funds to the mod- MISCELLANEOUS cluding over $262.5 million for the Na- ernization accounts. However, the allo- Center for the Study of the Chinese tional Guard and Reserves. This cation of some of those funds to unnec- Military National Defense Uni- MILCON plus-up represents over $100 essary spending still warrants concern, versity (NDU) ...... 5.0 million more than was added to the and I urge my colleagues to look care- Senate procurement, RDT&E, 1997 Defense budget request. However, fully at these add-ons. and miscellaneous, total .... 4,172.0 unlike last year, the committee has I ask unanimous consent two tables Senate Milcon and Family not had the luxury of adding nearly $13 of objectionable programs be printed in Housing ...... 772.9 billion to the overall budget request. the RECORD. The MILCON plus-up includes over $85 There being no objection, the mate- Total Senate Questionable million for the construction of nine rial was ordered to be printed in the Spending ...... 4,944.9 readiness and reserve centers for the RECORD, as follows: Guard and Reserve at the same time Objectionable Programs in the fiscal year that National Guard and Reserve end- Objectionable programs in the fiscal year 1998 House National Security defense bill 1998 Senate Armed Services defense bill strength is being cut by over 54,000 per- [In millions of dollars] sonnel. [In millions of dollars] PROCUREMENT The procurement account includes PROCUREMENT the unrequested funding of $343.3 mil- Army: Army: C–XX Medium-Range Air- C–12 Passenger Jets (modifica- lion for six C–130 aircraft. General craft (5) ...... 23.0 tions) ...... 6.0 Fogleman testified before the commit- Navy: Automatic Data Processing tee that the Air Force had too many C– SSN–21 (SEAWOLF) ...... 153.4 Equipment ...... 13.0 130 aircraft, in fact, he called it ‘‘An New Attack Submarine ...... 2,600.0 Navy: embarrassment of riches.’’ The House Advance Procurement for TAGS– SSN–21 (SEAWOLF) ...... 153.4 bill includes $331 million to keep the B– 65 ...... 75.2 New Attack Submarine ...... 2,600.0 Other Propellers and Shafts ...... 38.3 2 line open. The Chief of Naval Oper- KC–135 Tankers Re-Engining (3) ... 179.7 Amphibious Raid Equipment ...... 1.6 TAGS Oceanographic Ship (1) ...... 75.2 ations, No. 1 priority on his unfunded Air Force: LCAC SLEP ...... 17.3 priority list was the addition of four F/ C–130J Logistics ...... 48.0 Fast Patrol Craft (modifications) 20.0 A–18E/F aircraft. This request, his No. 1 WC–130J (3) ...... 177.0 Sonobuoys (those not on ‘‘wish priority, was overlooked by both com- Logistic Support for WC–130J ...... 29.7 list’’) ...... 13.5 mittees. EC–130J ...... 70.5 Marine Corps: Fuel Storage Tanks .. 2.0 The Senate bill includes $2.6 billion C–130J (2) ...... 95.8 Air Force: for procurement of four new attack National Guard and Reserve B–2A Spirit Bomber ...... 331.2 submarines and proposes a teaming ar- Equipment ...... 653.0 EC–130J (1) ...... 49.9 C–130J (5) ...... 293.0 RESEARCH AND DEVELOPMENT rangement which effectively elimi- AGM–65 Maverick Missile (no mis- nates competition among shipyards. Army: siles procured; keep production The American taxpayer will soon find University and Industry Research line warm) ...... 11.0 itself funding submarines less capable Centers ...... 2.3 Weather Observation/Forecasting by design than the Seawolf, and with- Combat Vehicle and Automotive Program ...... 4.0 out the benefit of economic common Technology ...... 4.0 Defense-Wide: sense which competition and free mar- Medical Advanced Technology .... 4.6 Automated Document Conversion Combat Vehicle and Automotive System ...... 30.0 ket principles would provide the cost Advanced Technology ...... 9.0 will approach that of the Seawolf. BMD National Laboratory Pro- DoD High Energy Laser Test Fa- gram ...... 50.0 The bill includes unrequested plus- cility ...... 10.0 ups in excess of $42 million for auto- July 11, 1997 CONGRESSIONAL RECORD — SENATE S7261 Objectionable Programs in the fiscal year Objectionable Programs in the fiscal year ing to any of the amendments appear 1998 House National Security defense 1998 House National Security defense at this point in the RECORD. These bill—Continued bill—Continued amendments are cleared amendments [In millions of dollars] [In millions of dollars] and have been agreed to by both sides University-Based research Center of the aisle. OPERATION AND MAINTENANCE to Oversee DoE Defense Projects 5.0 Mr. LEVIN. No objection, Mr. Presi- National Guard and Reserved: Total Center for excellence in Disaster dent. Reserved and Guard Equipment Management and Humanitarian Assistance (Hawaii) ...... 5.0 The PRESIDING OFFICER. Without Add ...... 700.3 objection, it is so ordered. RESEARCH AND DEVELOPMENT MISCELLANEOUS The amendments were considered and Army: Center for the Study of Chinese agreed to en bloc, as follows: Military National Defense Univer- Passive Camera Technology ...... 5.0 AMENDMENT NO. 594, AS MODIFIED sity (NDU) ...... 5.0 Combat Vehicle & Automotive (Purpose: To consolidate and strengthen re- Technology ...... 11.0 PILOT PROGRAM strictions on the use of human test sub- Field Battery Recharging Capabil- Plasma Arc Melter System Pilot jects in biological and chemical weapons ity ...... 5.0 Program ...... 4.0 research) Battery Manufacturing Tech- At the end of subtitle E of title X, add the nology ...... 3.0 TITLE XXXVI following: Combat Vehicle Composites ...... 2.0 Maritime Administration Author- Combat Vehicle Electric Drive ..... 1.0 ization of Appropriations ...... 109.0 SEC. 1075. RESTRICTIONS ON USE OF HUMANS AS Combat Vehicle Improvement EXPERIMENTAL SUBJECTS IN BIO- LOGICAL AND CHEMICAL WEAPONS Programs ...... 20.1 Procurement, RDT&E, and RESEARCH. miscellaneous total ...... 4,917.0 Electromechanic & Hypervelocity (a) PROHIBITED ACTIVITIES.—No officer or Milcon and Family Housing .... 733.6 Research ...... 1.9 employee of the United States may, directly Projectile Detection & Cueing ...... 2.5 or by contract— Total House questionable Computer-Based Land Manage- (1) conduct any test or experiment involv- spending ...... 5,650.6 ment Model ...... 4.9 ing the use of any chemical or biological BEST ...... 4.0 1 Denote programs for National Guard or Reserve. agent on a civilian population; or VREMT ...... 3.5 Mr. MCCAIN. Mr. President, I want (2) otherwise conduct any testing of bio- Scram Jet Development ...... 8.0 logical or chemical agents on human sub- Tactical Internet C3 Protection ... 2.0 to just for 10 seconds thank my friend from Indiana, the most knowledgeable jects. Electrorheological Fluids Recoil .. 5.0 (b) INAPPLICABILITY TO CERTAIN ACTIONS.— Human Factors Engineering Tech- member of the Armed Services Com- The prohibition in subsection (a) does not nology ...... 5.1 mittee on personnel issues, and his ad- apply to any action carried out for any of Eye Research, Retinal Display vocacy for what is right about this the following purposes: Technology ...... 5.0 base closing issue. It is important and (1) Any peaceful purpose that is related to Life Support For Trauma & Trans- critical. I think most of my colleagues a medical, therapeutic, pharmaceutical, ag- port ...... 6.0 will understand the argument he just ricultural, industrial, research, or other ac- End Item Industrial Preparedness made because we are going to pay for tivity. Activities ...... 15.0 this in a big way if we don’t reverse the (2) Any purpose that is directly related to Navy: protection against toxic chemicals and to Freeze Dried Blood ...... 2.5 vote that was taken most recently. I protection against chemical or biological Medical Mobile Monitor ...... 4.0 yield. weapons. Proton Exchange Membrane Fuel AMENDMENT NO. 423, WITHDRAWN (3) Any military purpose of the United Cells ...... 1.8 Mr. INHOFE. Mr. President, I ask States that is not connected with the use of Carbonate Fuel Cells ...... 3.5 unanimous consent to withdraw my a chemical weapon and is not dependent on Surface/Aerospace Surveillance amendment No. 423. the use of the toxic or poisonous properties And Weapons Technology Free The PRESIDING OFFICER. Without of the chemical weapon to cause death or Electron Laser ...... 10.0 other harm. Surface/Aerospace Surveillance objection, it is so ordered. (4) Any law enforcement purpose, including and Weapons Technology Free The amendment (No. 423) was with- any domestic riot control purpose and any Electron Laser ...... 10.0 drawn. imposition of capital punishment. AN/SPS–48E Air Search Radar at Mr. WARNER. I am pleased to say on (c) BIOLOGICAL AGENT DEFINED.—In this Naval Engineering Center ...... 6.0 behalf of Senator THURMOND, the rank- section, the term ‘‘biological agent’’ means Air Force: ing member and I, are now ready to any micro-organism (including bacteria, vi- Phillips Lab Exploratory Develop- take up a series of amendments which ruses, fungi, rickettsiac, or protozoa), patho- ment ...... 6.0 have been agreed to by both sides. Fol- gen, or infectious substance, and any natu- rally occurring, bioengineered, or syn- Protein-based Ultra-High Density lowing the adoption of these amend- Memory ...... 3.0 thesized component of any such micro-orga- ALR–69M Radar Warning Receiver 1 14.0 ments, I know of no reason why we nism, pathogen, or infectious substance, Space Plane ...... 15.0 cannot go to final passage. whatever its origin or method of production, Space Scorpius ...... 15.0 The PRESIDING OFFICER. The Sen- that is capable of causing— Solar Thermionics Orbital Trans- ator from Michigan. (1) death, disease, or other biological mal- fer Vehicle ...... 20.0 AMENDMENT NO. 666, WITHDRAWN function in a human, an animal, a plant, or Atmospheric Interceptor Tech- Mr. LEVIN. Mr. President, I ask another living organism; (2) deterioration of food, water, equipment, nology ...... 25.0 unanimous consent that amendment Eglin Air Force Base Instrumen- supplies, or materials of any kind; or tation Improvements ...... 14.8 No. 666, an amendment of Senator (3) deleterious alteration of the environ- Defense-Wide: WELLSTONE, be withdrawn at this time. ment. Next Generation Internet ...... 15.0 The PRESIDING OFFICER. Without (d) REPORT AND CERTIFICATION.—Section Wide Bandgap Semiconductors ..... 10.0 objection, it is so ordered. 1703(b) of the National Defense Authorization Computing Systems and Commu- The amendment (No. 666) was with- Act for Fiscal Year 1994 (50 U.S.C. 1523(b)) is nications Reuse Technology ...... 4.5 drawn. amended by adding at the end the following: Flat Panel Display Dual Use Ini- The PRESIDING OFFICER. Who ‘‘(9) A description of any program involv- tiative ...... 23.0 seeks recognition? ing the testing of biological or chemical 3–D Microelectronics Technology agents on human subjects that was carried Initiative ...... 7.5 AMENDMENTS AGREED TO EN BLOC out by the Department of Defense during the Environmentally Safe Energetic Mr. THURMOND. Mr. President, I period covered by the report, together with a Materials Research ...... 3.0 send a package of amendments to the detailed justification for the testing, a de- Advanced Lithography Tech- desk and ask consent that these tailed explanation of the purposes of the nologies Program ...... 21.0 amendments be considered as read and testing, the chemical or biological agents MARITECH ...... 4.0 agreed to en bloc; the motion to recon- tested, and the Secretary’s certification that informed consent to the testing was obtained Joint Robotics Teleoperation Ca- sider be laid upon the table en bloc, pability Program ...... 10.0 from each human subject in advance of the and finally, that any statement relat- testing on that subject.’’. S7262 CONGRESSIONAL RECORD — SENATE July 11, 1997

(e) REPEAL OF DUPLICATIVE, SUPERSEDED, notification procedures of the department ing the procedures of the military depart- AND EXECUTED LAWS.—Section 808 of the De- that are applicable in cases of Armed Forces ments; and partment of Defense Appropriation Author- personnel casualties and Department of De- (B) a description of the assistance provided ization Act, 1978 (50 U.S.C. 1520) is repealed. fense civilian personnel casualties resulting to members of the families of such person- Mr. WYDEN. Mr. President, I wish to from military aviation accidents. nel. (2) This need was demonstrated in the (c) REPORT BY DEPARTMENT OF DEFENSE IN- thank the managers of the Department aftermath of the tragic crash of a C–130 air- SPECTOR GENERAL.—(1) Not later than De- of Defense authorization bill and the craft off the coast of Northern California cember 1, 1997, the Inspector General of the committees for their assistance and that killed 10 Reserves from Oregon on No- Department of Defense shall review the pro- support of my amendment. vember 22, 1996. cedures of the Federal Aviation Administra- Earlier this year, the Senate ratified (3) The experience of the members of the tion and the National Transportation Safety the Chemical Weapons Convention. families of those Reserves has left the family Board for providing information and assist- This historic treaty puts into U.S. law members with a general perception that the ance to members of families of casualties of a clear prohibition on the testing, pro- existing Department of Defense procedures nonmilitary aviation accidents, and submit a for notifications regarding casualties and re- report on the review to Congress. The report duction, and stockpiling of an entire lated matters did not meet the concerns and shall include a discussion of the following class of terrible weapons of mass de- needs of the families. matters: struction, and we are now part of the (4) It is imperative that Department of De- (A) Designation of an experienced non- international institutions which will fense representatives involved in family no- profit organization to provide assistance for enforce the treaty worldwide. tifications regarding casualties have the satisfying needs of families of accident vic- Even with this clear ban, constitu- qualifications and experience to provide tims. (B) An assessment of the system and proce- ents have written me concerned that, meaningful information on accident inves- tigations and effective grief counseling. dures for providing families with informa- without their consent, human test sub- (5) Military families deserve the best pos- tion on accidents and accident investiga- jects are used to research chemical and sible care, attention, and information, espe- tions. biological weapons agents, or that the cially at a time of tragic personal loss. (C) Protection of members of families from Government, with the consent of local (6) Although the Department of Defense unwanted solicitations relating to the acci- elected officials and Congress, may provides much needed logistical support, in- dent. conduct experiments on civilian popu- cluding transportation and care of remains, (D) A recommendation regarding whether survivor counseling, and other benefits in the procedures or similar procedures should lations. Very often, these concerns are be adopted by the Department of Defense, based on reading existing provisions in cases of tragedies like the crash of the C–130 aircraft on November 22, 1996, the support and if the recommendation is not to adopt the United States Code that appear to may be insufficient to meet the immediate the procedures, a detailed justification for permit it. The provision in question, emotional and personal needs of family the recommendation. contained in title 50, United States members affected by such tragedies. (d) UNCLASSIFIED FORM OF REPORTS.—The Code, Chapter 32, Section 1520, is a relic (7) It is important that the flow of infor- reports under subsections (b) and (c) shall be of the cold war, and my amendment mation to surviving family members be ac- submitted in unclassified form. strikes it. curate and timely, and be provided to family AMENDMENT NO. 598, AS MODIFIED Further, to make it clear that such members in advance of media reports, and, (Purpose: To add a subtitle relating to therefore, that the Department of Defense Persian Gulf war illnesses) testing is no longer permitted, this give a high priority, to the extent prac- amendment spells out a clear, easily On page 226, between lines 2 and 3, insert ticable, to providing the family members the following: understood prohibition of the use of with all relevant information on an accident Subtitle B—Persian Gulf Illnesses human test subjects in chemical and as soon as it becomes available, consistent biological weapons research. To pre- with the national security interests of the SEC. 721. DEFINITIONS. vent confusion, this amendment spells United States, and to allowing the family For purposes of this subtitle: members full access to any public hearings (1) The term ‘‘Gulf War illness’’ means any out the distinction between weapons one of the complex of illnesses and symp- testing and such peaceful medical re- or public meetings about the accident. (8) Improved procedures for civilian family toms that might have been contracted by search such as the search for a cure for notification that have been adopted by the members of the Armed Forces as a result of AIDS or developing vaccines for deadly Federal Aviation Administration and Na- service in the Southwest Asia theater of op- diseases. But to make sure that even tional Transportation Safety Board might erations during the Persian Gulf War. this peaceful research is not misused, serve as a useful model for reforms to De- (2) The term ‘‘Persian Gulf War’’ has the my amendments adds a new reporting partment of Defense procedures. meaning given that term in section 101 of requirement for the Pentagon to de- (b) REPORTS BY SECRETARY OF DEFENSE.— title 38, United States Code. (3) The term ‘‘Persian Gulf veteran’’ means scribe in detail every year exactly (1) Not later than December 1, 1997, the Sec- retary of Defense shall submit to Congress a an individual who served on active duty in what sort of medical and peaceful re- report on the advisability of establishing a the Armed Forces in the Southwest Asia the- search is conducted and requires the process for conducting a single, public inves- ater of operations during the Persian Gulf Department of Defense to certify that tigation of each Department of Defense avia- War. full informed consent was obtained in tion accident that is similar to the accident (4) The term ‘‘contingency operation’’ has advance from anybody participating in investigation process of the National Trans- the meaning given that term in section this research. Congress, and most im- portation Safety Board. The report shall in- 101(a) of title 10, United States Code, and in- portantly, the public must have the clude— cludes a humanitarian operation, peacekeep- ing operation, or similar operation. best possible information about these (A) a discussion of whether adoption of the accident investigation process of the Na- SEC. 722. PLAN FOR HEALTH CARE SERVICES programs. tional Transportation Safety Board by the FOR PERSIAN GULF VETERANS. A provision that, on the surface, ap- Department of Defense would result in bene- (a) PLAN REQUIRED.—The Secretary of De- pears to permit testing of chemical fits that include the satisfaction of needs of fense and the Secretary of Veterans Affairs, weapons on civilian populations has no members of families of victims of the acci- acting jointly, shall prepare a plan to pro- place in U.S. law, and I thank my col- dent, increased aviation safety, and im- vide appropriate health care to Persian Gulf leagues for joining me in striking it. proved maintenance of aircraft; veterans (and their dependents) who suffer (B) a determination of whether the Depart- from a Gulf War illness. AMENDMENT NO. 595 AS MODIFIED ment of Defense should adopt that accident (b) CONTENT OF PLAN.—In preparing the (Purpose: Reports on procedures for provid- investigation process; and plan, the Secretaries shall— ing information and assistance to families (C) any justification for the current prac- (1) use the presumptions of service connec- of victims of Department of Defense avia- tice of the Department of Defense of con- tion and illness specified in paragraphs (1) tion accidents) ducting separate accident and safety inves- and (2) of section 721(d) of the National De- At the end of subtitle D of title X, add the tigations. fense Authorization Act for Fiscal Year 1995 following: (2) Not later than April 2, 1998, the Sec- (Public Law 103–337; 10 U.S.C. 1074 note) to SEC. 1041. REPORT ON DEPARTMENT OF DE- retary of Defense shall submit to Congress a determine the Persian Gulf veterans (and the FENSE FAMILY NOTIFICATION AND report on assistance provided by the Depart- dependents of Persian Gulf veterans) who ASSISTANCE PROCEDURES IN CASES ment of Defense to families of casualties should be covered by the plan; OF MILITARY AVIATION ACCIDENTS. among Armed Forces and civilian personnel (2) consider the need and methods avail- (a) FINDINGS.—Congress makes the follow- of the department. The report shall include— able to provide health care services to Per- ing findings: (A) a discussion of the adequacy and effec- sian Gulf veterans who are no longer on ac- (1) There is a need for the Department of tiveness of the family notification proce- tive duty in the Armed Forces, such as Per- Defense to improve significantly the family dures of the Department of Defense, includ- sian Gulf veterans who are members of the July 11, 1997 CONGRESSIONAL RECORD — SENATE S7263 reserve components and Persian Gulf veter- containing a plan for collecting and main- new drug and the notice required by sub- ans who have been separated from the Armed taining information regarding the daily loca- section (d). Forces; and tion of units of the Armed Forces, and to the ‘‘(f) DEFINITION.—In this section, the term (3) estimate the costs to the Government extent practicable individual members of ‘investigational new drug’ means a drug cov- of providing full or partial health care serv- such units, serving in a theater of operations ered by section 505(i) of the Federal Food, ices under the plan to covered Persian Gulf during a contingency operation or combat Drug, and Cosmetic Act (21 U.S.C. 355(i)).’’. veterans (and their covered dependents). operation. (b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is (c) FOLLOWUP TREATMENT.—The plan re- SEC. 726. REPORT ON PLANS TO IMPROVE DETEC- quired by subsection (a) shall specifically ad- TION AND MONITORING OF CHEMI- amended by adding at the end the following dress the measures to be used to monitor the CAL, BIOLOGICAL, AND ENVIRON- new item: quality, appropriateness, and effectiveness MENTAL HAZARDS IN A THEATER OF ‘‘1107. Notice of use of drugs unapproved for of, and patient satisfaction with, health care OPERATIONS. their intended usage.’’. services provided to Persian Gulf veterans Not later than March 1, 1998, the Secretary SEC. 728. REPORT ON EFFECTIVENESS OF RE- after their initial medical examination as of Defense shall submit to Congress a report SEARCH EFFORTS REGARDING GULF part of registration in the Persian Gulf War containing a plan regarding the deployment, WAR ILLNESSES. Veterans Health Registry or the Comprehen- in a theater of operations during a contin- Not later than March 1, 1998, the Secretary sive Clinical Evaluation Program. gency operation or combat operation, of a of Defense shall submit to Congress a report (d) SUBMISSION OF PLAN.—Not later than specialized unit of the Armed Forces with evaluating the effectiveness of medical re- March 1, 1998, the Secretaries shall submit to the capability and expertise to detect and search initiatives regarding Gulf War ill- Congress the plan required by subsection (a). monitor the presence of chemical hazards, nesses. The report shall address the follow- SEC. 724. IMPROVED MEDICAL TRACKING SYS- biological hazards, and environmental haz- ing: TEM FOR MEMBERS DEPLOYED ards to which members of the Armed Forces (1) The type and effectiveness of previous OVERSEAS IN CONTINGENCY OR may be exposed. research efforts, including the activities un- COMBAT OPERATIONS. dertaken pursuant to section 743 of the Na- SEC. 727. NOTICE OF USE OF DRUGS UNAP- (a) SYSTEM REQUIRED.—Chapter 55 of title tional Defense Authorization Act for Fiscal PROVED FOR THEIR INTENDED 10, United States Code, is amended by insert- USAGE. Year 1997 (Public Law 104–201; 10 U.S.C. 1074 ing after section 1074d the following new sec- note), section 722 of the National Defense (a) NOTICE REQUIREMENTS.—Chapter 55 of tion: title 10, United States Code, is amended by Authorization Act for Fiscal Year 1995 (Pub- ‘‘§ 1074e. Medical tracking system for mem- adding at the end the following new section: lic Law 103–337; 10 U.S.C. 1074 note), and sec- bers deployed overseas tions 270 and 271 of the National Defense Au- ‘‘§ 1107. Notice of use of investigational new ‘‘(a) SYSTEM REQUIRED.—The Secretary of thorization Act for Fiscal Year 1994 (Public drugs Defense shall establish a system to assess Law 103–160; 107 Stat. 1613). the medical condition of members of the ‘‘(a) NOTICE REQUIRED.—(1) Whenever the (2) Recommendations regarding additional armed forces (including members of the re- Secretary of Defense requests or requires a research regarding Gulf War illnesses, in- serve components) who are deployed outside member of the armed forces to receive a drug cluding research regarding the nature and the United States or its territories or posses- unapproved for its intended use, the Sec- causes of Gulf War illnesses and appropriate sions as part of a contingency operation (in- retary shall provide the member with notice treatments for such illnesses. cluding a humanitarian operation, peace- containing the information specified in sub- (3) The adequacy of Federal funding and keeping operation, or similar operation) or section (d). the need for additional funding for medical combat operation. ‘‘(2) The Secretary shall also ensure that research initiatives regarding Gulf War ill- ‘‘(b) ELEMENTS OF SYSTEM.—The system medical care providers who administer a nesses. shall include the use of predeployment medi- drug unapproved for its intended use or who SEC. 729. PERSIAN GULF ILLNESS CLINICAL cal examinations and postdeployment medi- are likely to treat members who receive such TRIALS PROGRAM. cal examinations (including an assessment of a drug receive the information required to be (a) FINDINGS.—Congress finds the follow- mental health and the drawing of blood sam- provided under paragraphs (3) and (4) of sub- ing: ples) to accurately record the medical condi- section (d). (1) There are many ongoing studies that in- tion of members before their deployment and ‘‘(b) TIME FOR NOTICE.—The notice required vestigate risk factors which may be associ- any changes in their medical condition dur- to be provided to a member under subsection ated with the health problems experienced ing the course of their deployment. The (a)(1) shall be provided before the drug is by Persian Gulf veterans; however, there postdeployment examination shall be con- first administered to the member, if prac- have been no studies that examine health ducted when the member is redeployed or ticable, but in no case later than 30 days outcomes and the effectiveness of the treat- otherwise leaves an area in which the system after the drug is first administered to the ment received by such veterans. is in operation (or as soon as possible there- member. (2) The medical literature and testimony after). ‘‘(c) FORM OF NOTICE.—The notice required presented in hearings on Gulf War illnesses ‘‘(c) RECORDKEEPING.—The Secretary of De- under subsection (a)(1) shall be provided in indicate that there are therapies, such as fense shall submit to Congress not later than writing unless the Secretary of Defense de- cognitive behavioral therapy, that have been March 15, * * * a plan to ensure that the re- termines that the use of written notice is effective in treating patients with symptoms sults of all medical examinations conducted impractical because of the number of mem- similar to those seen in many Persian Gulf under the system, records of all health care bers receiving the unapproved drug, time veterans. services (including immunizations) received constraints, or similar reasons. If the Sec- (b) ESTABLISHMENT OF PROGRAM.—The Sec- by members described in subsection (a) in retary provides notice under subsection (a)(1) retary of Defense and the Secretary of Veter- anticipation of their deployment or during in a form other than in writing, the Sec- ans Affairs, acting jointly, shall establish a the course of their deployment, and records retary shall submit to Congress a report de- program of cooperative clinical trials at of events occurring in the deployment area scribing the notification method used and multiple sites to assess the effectiveness of that may affect the health of such members the reasons for the use of the alternative protocols for treating Persian Gulf veterans shall be retained and maintained in a cen- method. who suffer from ill-defined or undiagnosed tralized location or locations to improve fu- ‘‘(d) CONTENT OF NOTICE.—The notice re- conditions. Such protocols shall include a ture access to the records. The report shall quired under subsection (a)(1) shall include multidisciplinary treatment model, of which include a schedule for implementation of the the following: cognitive behavioral therapy is a component. plan within 2 years of enactment. ‘‘(1) Clear notice that the drug being ad- (c) FUNDING.—Of the amount authorized to ‘‘(d) QUALITY ASSURANCE.—The Secretary ministered has not been approved for its in- be appropriated in section 201(1), the sum of of Defense shall establish a quality assur- tended usage. $4,500,000 shall be available for program ele- ance program to evaluate the success of the ‘‘(2) The reasons why the unapproved drug ment 62787A (medical technology) in the system in ensuring that members described is being administered. budget of the Department of Defense for fis- in subsection (a) receive predeployment med- ‘‘(3) Information regarding the possible cal year 1998 to carry out the clinical trials ical examinations and postdeployment medi- side effects of the unapproved drug, includ- program established pursuant to subsection cal examinations and that the recordkeeping ing any known side effects possible as a re- (b). requirements are met.’’. sult of the interaction of the drug with other On page 217, between lines 15 and 16, insert (b) CLERICAL AMENDMENT.—The table of the following: sections at the beginning of such chapter is drugs or treatments being administered to Subtitle A—General Matters amended by inserting after the item relating the members receiving the drug. to section 1074d the following new item: ‘‘(4) Such other information that, as a con- AMENDMENT NO. 626 ‘‘1074e. Medical tracking system for members dition for authorizing the use of the unap- At the appropriate place in the bill, add deployed overseas.’’. proved drug, the Secretary of Health and the following: SEC. 725. REPORT ON PLANS TO TRACK LOCA- Human Services may require to be disclosed. SEC. . LAND CONVEYANCE, FORT BRAGG, TION OF MEMBERS IN A THEATER ‘‘(e) RECORDS OF USE.—The Secretary of NORTH CAROLINA OF OPERATIONS. Defense shall ensure that the medical (a) CONVEYANCE AUTHORIZED.—Subject to Not later than March 1, 1998, the Secretary records of members accurately document the the provisions of this section and notwith- of Defense shall submit to Congress a report receipt by members of any investigational standing any other law, the Secretary of the S7264 CONGRESSIONAL RECORD — SENATE July 11, 1997 Army shall convey, without consideration, libraries, and trailers. In some schools, ple, Harnett is the only county in the by fee simple absolute deed to Harnett Coun- students must wait in line up to an Fort Bragg impact area that suffers an ty, North Carolina, all right, title, and inter- hour even to use the bathroom. economic loss due to its being adjacent est of the United States of America in and to Mr. President, projections indicate to Fort Bragg. According to the latest two parcels of land containing a total of 300 that Harnett County taxpayers will acres, more or less, located at Fort Bragg, statistics, Harnett County loses at North Carolina, together with any improve- have to spend $87,000,000 for new least $122,000 per year because of Fort ments thereon, for educational and economic schools within the next decade merely Bragg. development purposes. to keep up with this growth. As a rural Adding to the education funding cri- (b) TERMS AND CONDITIONS.—The convey- county, Harnett has little industry or sis, Fort Bragg purchased an additional ance by the United States under this section commercial development that can be 7,000 acres in the county last year. shall be subject to the following conditions used to generate significant tax dollars That purchase nearly doubled the to protect the interests of the United States, for school construction. The county amount of land the Federal Govern- including: ment owns in Harnett. This purchase (1) the County shall pay all costs associ- simply does not have nearly enough re- ated with the conveyance, authorized by this sources to build more schools to serve caused Harnett County to permanently section, including but not limited to envi- these military dependents without sub- lose an additional $24,000 in annual tax ronmental analysis and documentation, sur- stantial assistance. revenues. The projected fiscal year 1997 vey costs and recording fees, and The Federal Government has an obvi- impact aid payment to Harnett County (2) not withstanding the Comprehensive ous obligation to provide for the edu- is only $37,712. Compare that to the Environmental Response, Compensation and cation of military dependents. Because $278,177 that the county would receive Liability Act of 1980, as amended (42 U.S.C. of the nature of military service which if impact aid basic support payments 9601 et seq.); the Solid Waste Disposal Act, as requires frequent moves and reassign- were fully funded. amended (42 U.S.C. 6901 et seq.) or any other During the past few years, I have law, the County, and not the United States, ments, military families seldom have shall be responsible for any environmental an opportunity to establish strong worked closely with concerned Harnett restoration or remediation required on the roots in a community or to become ac- County leaders, including the school property conveyed and the United States tive in local schools. The Federal Gov- board and county commissioners, shall be forever released and held harmless ernment has a duty to ensure that Army officials at Fort Bragg and here from any obligation to conduct such restora- these parents, who are prepared to risk at the Pentagon, literally spending tion or remediation and any claims or causes their lives and go to war in 18 hours to hundreds of hours working to try to ad- of action stemming from such remediation. serve our country, need not worry dress these critical Army needs. If I (c) LEGAL DESCRIPTION OF REAL PROPERTY may quote from a March 9, 1995, letter AND PAYMENT OF COSTS.—The exact acreage about the quality of education afforded and legal description of the real property de- their children. by then Fort Bragg commanding gen- scribed in subsection (a) shall be determined For almost 50 years, Federal law has eral, Lt. Gen. Henry Shelton to Sec- by a survey, the costs of which the County addressed the costs incurred by local retary of the Army Togo West: shall bear. communities in the education of mili- I sympathize with counties that have to Mr. HELMS. Mr. President, this tary dependents through the payment educate our children, especially those, like amendment will help address the criti- of impact aid. These payments are de- Harnett County, that have recently experi- enced a substantial increase in the number cal educational needs of the children of signed to alleviate local government’s of students from military families. I am con- the fine soldiers and airmen serving at inability to raise revenue for schools in cerned that the U.S. Department of Edu- Fort Bragg and Pope Air Force Base in the customary manner of raising prop- cation is providing less impact aid for some North Carolina. erty taxes since they are constitu- military family members than for others, Across America, many communities tionally prohibited from taxing instal- and that this disparity in impact aid might surrounding major military installa- lation property. These payments are adversely affect the quality of education tions are at a great disadvantage by not intended to benefit the local gov- that some of our military family members are receiving. We should be providing the having large numbers of military-con- ernments, but are intended to insure same high level of assistance for every child. nected schoolchildren, yet they receive that service-members’ children are not Education is a key component of quality of nowhere near adequate impact aid. treated as second-class citizens and life. For this reason, we should make every Harnett County in North Carolina is thereby disadvantaged by their par- effort to ensure that all of our military fam- one of them. Harnett County is a rel- ents’ devotion to their country. ily members receive a quality education re- atively rural, agricultural county; that Nevertheless, the responsibility for gardless of where they live. has experienced tremendous growth in making these payments has been re- General Shelton, of whom I am ex- its military-connected student popu- moved from the Department of Defense tremely proud, is now a four-star gen- lation during the last decade. and placed upon the Department of eral in charge of the military’s special Many soldiers stationed at Fort Education over the years. In so doing, operations command, went on to say to Bragg, and airmen assigned to Pope Air the Federal Government has steadily Secretary West ‘‘[my staff] offered to Force Base, have found a home in reduced its payments to local edu- assist Harnett County * * * [and] dis- Harnett County because of its peaceful cational agencies that serve these chil- cussed the possibility of conveying to quality of life, its proximity to the dren. Despite rhetoric in support of Harnett County parcels of land for the bases and many other desirable as- education to the contrary, the Presi- construction of schools.’’ pects. According to one housing devel- dent’s own budget punishes these chil- General Shelton’s commitment to oper, 98 percent of the families buying dren by proposing a reduction of $72 the well-being of his troops has been in his community are military fami- million or 10 percent below the fiscal continued by his successor as com- lies. Harnett County has welcomed year 1997 level. I have always believed manding general, Lt. Gen. John Keane, these newcomers but, in so doing, has that the Federal Government has a who is and has been working closely struggled for the past several years to limited role in education, but clearly, with civilian leaders such as Mike provide the basic services required to it has a role when its actions place a Walker, Assistant Secretary of the accommodate this burgeoning popu- direct negative economic impact upon Army for Installations, Logistics and lation. a community, such as Harnett County. Environment. They have determined Mr. President, Harnett County’s Some may argue that we owe no obli- that two outparcels that the Army schools have been especially impacted gation to communities surrounding owns are not required for future Army by this influx of military dependents. military bases. They may say that be- use. Mr. President, as a result of this Recent years have seen thousands of cause communities now compete to re- decision, both General Keane and Sec- students added to the rolls of Harnett tain military bases that our duties are retary Walker sent letters to me a day County’s school system. This growth mitigated. Our duty is owed to the or so ago, supporting the conveyance of has resulted in severe overcrowding in service member, not the community. two small parcels of land to Harnett Harnett County schools. Many children Besides, every community surrounding county for educational and economic have been forced to attend classes in a military installation does not share development purposes. I ask unani- temporary facilities, such as cafe- equally in the economic benefit of hav- mous consent that these two letters terias, gymnasiums, auditorium stages, ing the installation closeby. For exam- dated July 9, 1997, be printed in the July 11, 1997 CONGRESSIONAL RECORD — SENATE S7265

RECORD at this point, following which I cently acquired Overhills property. This includes not merely providing shall continue my remarks. Over the last several months, they mu- an adequate training area, equipment There being no objection, the letter tually agreed to forego that arrange- and hardware; but also the quality of was ordered to be printed in the ment because of concerns that place- life and peace of mind to enable each RECORD, as follows: ment of schools in that area would im- soldier to focus on his mission, accom- DEPARTMENT OF THE ARMY, pose restrictions on training and nega- plish it, and return home safely. Un- Fort Bragg, NC, July 9, 1997. tively impact the habitat of the red- mistakably essential to that quality of Hon. JESSE A. HELMS, cockaded woodpecker. Together, they life is the proper education of their U.S. Senate, agreed that the ideal location for these children. Washington, DC. new schools was on the open tracts the Listen again to the words of General DEAR SENATOR HELMS: This letter details Army had previously identified as Shelton, ‘‘[e]ducation is a key compo- my recollection of the discussions I and being available for conveyance to the nent of quality of life. For this reason, other Army representatives had with you county. we should make every effort to ensure leading up to the Army’s recent acquisition Last year, North Carolina voters ap- of the former Rockefeller property com- that all of our military family mem- monly known as ‘‘Overhills.’’ proved a bond referendum for the con- bers receive a quality education re- It was discussed that, along with the main struction of new schools. I am told that gardless of where they live.’’ property of approximately 11,000 acres vi- to use those funds, the county must Mr. President, a vote against this tally needed by Fort Bragg for military own the land. Therefore, a long-term amendment is a vote against the training, there were also two noncontiguous lease by the Army on these parcels Army’s senior civilian and military outparcels totaling about 300 acres. These would not be useful to the county or leaders charged with responsibility for outparcels were of limited training value due the Army. It is critical that parcel No. the readiness and well-being of these to their small size and location, each sur- 404–2 be transferred now since Harnett fine men and women at Fort Bragg. rounded by private property. I do not believe County plans to break ground on con- A vote against this amendment is a their inclusion in the purchase materially affected the overall cost of Overhills. Rocke- struction later this year in an attempt vote against their children who depend feller representatives simply wanted to sell to finally catch-up with the increasing upon us to help educate them so that all the property together to one buyer. demand for education imposed by the they too can serve their country when In the discussions, there was also agree- children of military personnel. This they grow to adulthood. ment to support any subsequent legislation amendment further authorizes the Sec- Mr. President, I do hope Senators intended to declare the outparcels excess retary of the Army to sell parcel No. will support this amendment which property and transfer them to the county in 404–1 at fair market value. takes a small step toward addressing which they are located. I continue to support Mr. President, North Carolinians are the educational needs of the children of such a transfer. proud of the several great military in- our Nation’s finest soldiers. It’s the Sincerely, stallations within our borders. For JOHN M. KEANE, right thing to do and I am confident Lieutenant General, more than 50 years, North Carolinians that Senators will agree. U.S. Army, Commanding Officer. have been especially proud of Fort AMENDMENT NO. 628 Bragg, home of the U.S. Army’s elite (Purpose: To require a report on options for DEPARTMENT OF THE ARMY, XVIII Airborne Corps, the 82d Airborne the disposal of chemical weapons and agents) OFFICE OF THE ASSISTANT SECRETARY, Division, and our Special Operations At an appropriate place in title III, insert Washington, DC, July 9, 1997. Forces. These units and other units the following: Hon. JESSE HELMS, stationed at Fort Bragg are on the SEC. . REPORT ON OPTIONS FOR THE DISPOSAL U.S. Senate, front line of our Nation’s defense; OF CHEMICAL WEAPONS AND Washington, DC. AGENTS. standing ready to deploy anywhere, DEAR SENATOR HELMS: As you know, the (a) REQUIREMENT.—Not later than March Army recently acquired approximately 11,000 any time, to preserve freedom in the 15, 1998, the Secretary of Defense shall sub- acres in order to help alleviate the overall world. mit to Congress a report on the options shortfall in training lands at Fort Bragg. Just 2 days ago, we were reminded available to the Department of Defense for The property included two outparcels of land once again about the price of liberty. the disposal of chemical weapons and agents (Tract No. 404–1, containing approximately Eight soldiers at Fort Bragg were trag- in order to facilitate the disposal of such 137 acres, and Tract No. 402–2, containing ap- ically lost when their Blackhawk heli- weapons and agents without the construc- proximately 157 acres), noncontiguous to the copter crashed. The victims have been tion of additional chemical weapons disposal installation and noncontiguous to each identified and their families notified facilities in the continental United States. (b) ELEMENTS.—The report shall include other. The Army has determined that these but the cause of the crash is still being properties will not be used for training or the following: other purposes due to their size, configura- investigated. (1) a description of each option evaluated; tion, and location. These parcels did not con- Those who have served in the mili- (2) an assessment of the lifecycle costs and tribute significantly to acquisition costs and tary understand the sense of family risks associated with each option evaluated; are not required for future Army use. and community that exists among (3) a statement of any technical, regu- I hope this information is helpful for your those, particularly those who have vol- latory, or other requirements or obstacles purposes. unteered to put themselves in harm’s with respect to each option, including with Sincerely, respect to any transportation of weapons or way, for the benefit of their fellow-citi- agents that is required for the option; ROBERT M. WALKER, zens. These courageous and selfless (4) an assessment of incentives required for Assistant Secretary of the Army, (Installa- Americans use the instruments of war sites to accept munitions or agents from out- tions, Logistics & Environment). to secure our peace and prosperity. side their own locales, as well as incentives Mr. HELMS. The map shows that nei- Each of these brave Americans experi- to enable transportation of these items ther of these small parcels of land is ences a feeling of loss when one of their across state lines; contiguous to the primary training own is lost. The North Carolinians who (5) an assessment of the cost savings that could be achieved through either the applica- areas at Fort Bragg—known as the live around Fort Bragg share that Northern Training Area and Overhills tion of uniform federal transportation or sense of loss. Those citizens and the safety requirements and any other initia- property; they are also noncontiguous Fort Bragg family have embraced the tives consistent with the transportation and to each other. These properties are families of the lost soldiers and are safe disposal of stockpile and nonstockpile open farmland, surrounded by private doing all they can to comfort them at chemical weapons and agents; and property, without the foliage and ter- this tragic time. (6) proposed legislative language necessary rain that Army units stationed at Fort I spent four nonheroic years in the to implement options determined by the Sec- Bragg require for operational training. Navy during World War II. I have al- retary to be worthy of consideration by the Mr. President, local leaders and ways had great affection and respect Congress. Army officials had planned for the for the soldiers and defense support AMENDMENT NO. 638 Army to provide a long-term lease for personnel who devote their lives to the (Purpose: To authorize appropriations for the construction of three schools—an defense of our country. I will do any- the Greenville Road Improvement Project, elementary school, a junior high thing in my power to ensure that they Livermore, CA) school, and a high school on land lying are provided everything they need to At the appropriate place in the bill, insert along N.C. 87 which crosses the re- do their jobs. the following: ‘‘Of the funds authorized to be S7266 CONGRESSIONAL RECORD — SENATE July 11, 1997 appropriated by this Act to the Department ward them to Brookhaven National Labora- viding such articles to the Federal Republic of Energy, $3,500,000 are authorized to be ap- tory, under the appropriate Chair of custody. of Germany. In carrying out such disposal, propriated for fiscal year 1998, and $3,800,000 the Secretary— are authorized to be appropriated for fiscal AMENDMENT NO. 671, AS MODIFIED (1) may provide without monetary charge year 1999, for improvements to Greenville (Purpose: To require a study concerning the to the Federal Republic of Germany articles Road in Livermore, California’’. provision of certain comparative informa- specified in the agreements; and tion to TRICARE beneficiaries) (2) may accept from the Federal Republic AMENDMENT NO. 659 of Germany (in exchange for the articles pro- At the appropriate place, insert the follow- vided under paragraph (1)) articles, services, (Purpose: To provide for funding of the ing; NATO Joint Surveillance/Target Attack or any other consideration, as determined SEC. . STUDY CONCERNING THE PROVISION OF appropriate by the Secretary. Radar System) COMPARATIVE INFORMATION. (b) DEFINITION OF EUROPEAN AIR DEFENSE At the end of subtitle E of title I, add the (a) STUDY.—The Secretary of Defense shall following: AGREEMENT.—For the purposes of this sec- conduct a study concerning the provision of tion, the term ‘‘European air defense agree- SEC. 144. NATO JOINT SURVEILLANCE/TARGET the information described in subsection (b) ATTACK RADAR SYSTEM. ments’’ means to beneficiaries under the TRICARE program (1) the agreement entitled ‘‘Agreement be- (a) FUNDING.—Amounts authorized to be established under the authority of chapter 55 appropriated under this title and title II are tween the Secretary of Defense of the United of title 10, United States Code, and prepare States of America and the Minister of De- available for a NATO alliance ground sur- and submit to the appropriate committees of veillance capability that is based on the fense of the United States of America and Congress a report concerning such study. the Minister of Defense of the Federal Re- Joint Surveillance/Target Attack Radar Sys- (b) PROVISION OF COMPARATIVE INFORMA- public of Germany on Cooperative Measures tem of the United States, as follows: TION.—Information described in this sub- for Enhancing Air Defense for Central Eu- (1) Of the amount authorized to be appro- section, with respect to a managed care en- rope’’, signed on December 6, 1983; and priated under section 101(5), $26,153,000. tity that contracts with the Secretary of De- (2) the agreement entitled ‘‘Agreement be- (2) Of the amount authorized to be appro- fense to provide medical assistance under tween the Secretary of Defense of the United priated under section 103(1), $10,000,000. the program described in subsection (a), States of America and the Minister of De- (3) Of the amount authorized to be appro- shall include the following: fense of the Federal Republic of Germany in priated under section 201(1), $13,500,000. (1) BENEFITS.—The benefits covered by the implementation of the 6 December 1983 (4) Of the amount authorized to be appro- entity involved, including— Agreement on Cooperative Measures for En- priated under section 201(3), $26,061,000. (A) covered items and services beyond hancing Air Defense for Central Europe’’, (b) AUTHORITY.—(1) Subject to paragraph those provided under a traditional fee-for- signed on July 12, 1984. (2), the Secretary of Defense may utilize au- service program; thority under section 2350b of title 10, United (B) any beneficiary cost sharing; and AMENDMENT NO. 707 States Code, for contracting for the purposes (C) any maximum limitations on out-of- of Phase I of a NATO Alliance Ground Sur- pocket expenses. (Purpose: To designate the Y–12 plant in Oak veillance capability that is based on the (2) PREMIUMS.—The net monthly premium, Ridge as the National Prototype Center) Joint Surveillance/Target Attack Radar Sys- if any, under the entity. At the appropriate place, insert: tem of the United States, notwithstanding (3) SERVICE AREA.—The service area of the SEC. . DESIGNATING THE Y–12 PLANT IN OAK the condition in such section that the au- entity. RIDGE, TENNESSEE AS THE NA- thority be utilized for carrying out contracts (4) QUALITY AND PERFORMANCE.—To the ex- TIONAL PROTOTYPE CENTER. or obligations incurred under section 27(d) of tent available, quality and performance indi- The Y–12 plant in Oak Ridge, Tennessee is the Arms Export Control Act (22 U.S.C. cators for the benefits under the entity (and designated as the National Prototype Center. 2767(d)). how they compare to such indicators under Other executive agencies are encouraged to (2) The authority under paragraph (1) ap- the traditional fee-for-service programs in utilize this center, where appropriate, to plies during the period that the conclusion of the area involved), including— maximize their efficiency and cost effective- a cooperative project agreement for a NATO (A) disenrollment rates for enrollees elect- ness. Alliance Ground Surveillance capability ing to receive benefits through the entity for Mr. THOMPSON. Mr. President, I under section 27(d) of the Arms Export con- the previous 2 years (excluding trol Act is pending, as determined by the disenrollment due to death or moving out- want to thank the chairman of the Secretary of Defense. side the service area of the entity); Armed Services Committee, Senator (c) MODIFICATION OF AIR FORCE AIRCRAFT.— (B) information on enrollee satisfaction; STROM THURMOND, and the other mem- Amounts available pursuant to paragraphs (C) information on health process and out- bers of the committee for supporting (2) and (4) of subsection (a) may be used to comes; my amendment, which will designate provide for modifying two Air Force Joint (D) grievance procedures; the Y–12 plant in Oak Ridge, TN as a Surveillance/Target Attack Radar System (E) the extent to which an enrollee may se- ‘‘National Prototype Center.’’ production aircraft to have a NATO Alliance lect the health care provider of their choice, Mr. President, for the first time in Ground Surveillance capability that is based including health care providers within the on the Joint Surveillance/Target Attack network of the entity and out-of-network nearly half a century, the United Radar System of the United States. health care providers (if the entity covers States is neither designing nor produc- out-of-network items and services); and ing any new nuclear weapons. The size AMENDMENT NO. 669, AS MODIFIED (F) an indication of enrollee exposure to of the U.S. nuclear stockpile is shrink- (Purpose: To provide $500,000 for the bioassay balance billing and the restrictions on cov- ing, and the size of the nuclear weap- testing of veterans exposed to ionizing ra- erage of items and services provided to such ons complex is shrinking along with it. diation during military service) enrollee by an out-of-network health care That is appropriate. On page 46, between lines 6 and 7, insert provider. However, as we reduce the physical the following: (5) SUPPLEMENTAL BENEFITS OPTIONS.— Whether the entity offers optional supple- size of our nuclear weapons complex, SEC. 220. BIOASSAY TESTING OF VETERANS EX- we must not allow the unique experi- POSED TO IONIZING RADIATION mental benefits and the terms and condi- DURING MILITARY SERVICE. tions (including premiums) for such cov- ence and expertise that have developed (a) NUCLEAR TEST PERSONNEL PROGRAM.— erage. at the nuclear weapons production Of the amount provided in section 201(4), (6) PHYSICIAN COMPENSATION.—An overall plants to simply disappear. Instead, we $300,000 shall be available for testing de- summary description as to the method of should use these unique resources to scribed in subsection (b) in support of the compensation of participating physicians. further enhance our national security Nuclear Test Personnel Program conducted and economic competitiveness. AMENDMENT NO. 681 by the Defense Special Weapons Agency. The Y–12 plant in Oak Ridge has (b) COVERED TESTING.—Subsection (a) ap- Add at the appropriate point in the bill the played a critical role in our nuclear plies to the third phase of bioassay testing of following: weapons complex since 1943. Every individuals who are radiation-exposed veter- SEC. . AUTHORITY OF THE SECRETARY OF DE- ans (as defined in section 1112(c)(3) of title 38, FENSE CONCERNING DISPOSAL OF weapon in the current U.S. nuclear United States Code) who participated in ra- ASSETS UNDER COOPERATIVE stockpile contains some part that was diation-risk activities (as defined in such AGREEMENTS ON AIR DEFENSE IN manufactured at Y–12. In the course of paragraph). CENTRAL EUROPE. fulfilling this critical mission, Y–12 (c) COLLECTION OF SAMPLES.—The appro- (a) GENERAL AUTHORITIES.—The Secretary and its workforce have developed ap- priate department or agency shall collect of Defense, pursuant to an amendment or the required bioassay samples, at the request amendments to the European air defense plied manufacturing expertise that is of a veteran who participated in the U.S. at- agreements, may dispose of any defense arti- unsurpassed anywhere in this country. mospheric nuclear testing or the occupation cles owned by the United States and ac- This makes Y–12 perfectly suited to be- of Hiroshima and Nagasaki, Japan, and for- quired to carry out such agreements by pro- come a National Prototype Center. July 11, 1997 CONGRESSIONAL RECORD — SENATE S7267 Prototypes provide the first concrete SEC. 235 DEMONSTRATION PROGRAM ON EXPLO- DOD’s Manager for Conventional Am- test of a product after the initial re- SIVES DEMILITARIZATION TECH- munition (MCA), currently stored in 26 NOLOGY. search and development have been per- (a) PROGRAM REQUIRED.—During fiscal year States totals approximately 449,308 formed. Businesses and the military 1998, the Secretary of Defense may conduct tons of material and costs over $12 mil- use prototyping to test their designs an alternative technology explosive muni- lion annually to store according to a and to anticipate and prevent problems tions demilitarization demonstration pro- DOD 1995 Joint Demilitarization later in the production cycle. gram in accordance with this section. Study. More serious however is the fact However, circumstances in the 1990’s (b) COMMERCIAL BLAST CHAMBER TECH- that the study predicts an additional NOLOGY.—Under the demonstration program, 730,420 tons will be generated into that have made prototyping more difficult the Secretary shall demonstrate the use of for both the military and industry. The existing, commercially available blast cham- stockpile by the end of fiscal year 2001. threats facing our military today are ber technology for incineration of explosive Let me state again the magnitude of fundamentally different from those we munitions as an alternative to the open the problem for the Nation: through faced during the Cold War, and the de- burning, open pit detonation of such muni- the end of fiscal year 2001, over 1.2 mil- fense budget has shrunk as well. This tions. lion tons of material will pass through means that the military must now (c) The Secretary shall use competitive or reside in the military conventional procedures in selecting participants for the produce defense systems in relatively ammunition account. This is enough demonstration program described in sub- ammunition to exceed 2800 earth cov- small volumes—sometimes as small as section (b). In addition the Secretary shall one. Commercial industries are facing include a cost benefit analysis of this tech- ered magazines and will cost over $1.2 some of the same challenges, as they nology generally for explosives munitions billion to destroy if we assume that it strive to produce smaller numbers of destruction. costs approximately $120 million to de- more customized products. These (d) ASSESSMENT.—The Secretary shall as- stroy 107,000 tons of material using fis- trends have made prototyping even sess the relative benefits of the blast cham- cal year 1995 projections. The tech- ber technology and the open burning, open nology in the COTS blast chamber has more important, but they have also pit detonation process with respect to the made it prohibitively expensive in the potential of mitigating local envi- levels of emissions and noise resulting from ronmental concerns; the potential of many cases. use of the respective processes. I believe that we will benefit as a na- (e) REPORT.—Not later than the date on increasing destruction throughput; and tion if we find a way to preserve these which the President submits the budget for is capable of destroying in a safe and important prototyping capabilities, fiscal year 2000 to Congress pursuant to sec- environmentally sound manner greater and I believe the solution lies with Y– tion 1105(a) of title 31, United States Code, than 98 percent of the explosives the the Secretary of Defense shall submit a re- 12. Y–12 has already helped to develop DOD stores utilizing particular bag port on the results of the demonstration pro- house technology at locations in Amer- numerous prototypes for the Depart- gram to the Committee on Armed Services ment of Defense, NASA, and others, ica, Europe, and the Pacific. of the Senate and the Committee on Na- Alabama stores in excess of 22,437 from components for the Seawolf sub- tional Security of the House of Representa- marine’s propulsion system to a new tives. The report shall include the Sec- tons of material ranking us fifth in size and more advanced type of pencil lead. retary’s assessment under subsection (c). of stockpile. Environmental consider- Designating Y–12 as a National Proto- (e) FUNDING.—(1) Of the amount authorized ations are of paramount importance to to be appropriated under section 201(4), me and to a balanced national level de- type Center will highlight Y–12’s abil- $6,000,000 is available for the demonstration ity to rapidly transform complex hard- militarized program. I think DOD, the program under this section. Army, and the Joint Ordnance Com- ware designs into precision prototypes (2) The amount provided under section manders Group, Demilitarization and through the use of advanced manufac- 201(4) is hereby increased by $6,000,000 for the turing techniques. It will also allow explosives demilitization technology pro- Disposal Subgroup, are playing a major customers to take advantage of the re- gram (PE 63104D). role in ensuring that our various stor- sources of a world-class national lab- (3) The amount provided under section age sites, to include Anniston Army 101(5) for special equipment for user testing Depot, are in compliance with Federal, oratory—the Oak Ridge National Lab- is hereby decreased by $6,000,000. oratory—which is located in close prox- State, and local regulations. Likewise, Mr. SESSIONS. Mr. President this imity to the Y–12 plant. I think the DOD is also quite sensitive amendment would authorize an in- to public opinion. While better cost-ef- Mr. President, this National Proto- crease of $6 million to the budget re- ficient ways must be found to destroy type Center will not only enhance our quest for the Explosive Demilitariza- this increasing amount of material, we national security by preserving vital tion Technology program (PE 63104D) must take advantage now of new tech- weapons manufacturing expertise, it to conduct a demonstration program at nologies in the R&D stage to com- will also enhance our economic secu- Anniston Army Depot. This is a much pliment the current OB/OD method of rity by helping to solve tough problems needed demonstration of current com- destruction, with the view that not in for U.S. industries so that they can get mercial off-the shelf blast chamber the too distant future those tech- their products to the global market- technology as an acceptable alter- nologies will not only replace aging or- place more quickly. And it will be cost- native to open burning/open pit detona- ganic demilitarization facilities, but effective. tion (OB/OD) by reducing significantly close the chapter on the risky OB/OD The American taxpayers have al- emissions and noise caused by OB/OD. method before the environmental chal- ready invested billions of dollars in the The demonstration has nation-wide ap- lenges close the book for us. equipment and expertise that reside at plication if successful and is in keeping The JOCG cited three environmental Y–12. It makes little sense for that in- with the military’s program of con- challenges in a study to be considered vestment to be duplicated by other tinuing technology evaluation of de- in life cycle management of the demili- Federal agencies or U.S. industries. At militarization methods for existing tarization program. They are: permit- a time when cost control is a major conventional ammunition as described ting facilities; disposal of residuals; consideration in developing new weap- in the Joint Demilitarization Study, and, cleanup. With new technologies ons systems and commercial products, September 1995, page II–4–14, a study the effects of each can be mitigated it makes sense instead for others to prepared for the Director, Environ- and give local communities new hope take advantage of existing state-of- mental and Life Sciences, Defense Re- that their environment will no longer the-art facilities at Y–12. My amend- search and Engineering, Office of the be fouled by OB/OD. ment would allow them to do just that, Secretary of Defense. Mr. President, on June 19 Anniston and I thank my colleagues for support- Mr. President annually we spend mil- Army Depot received permission from ing it. lions of dollars on the production of the State of Alabama to proceed with AMENDMENT NO. 714, AS MODIFIED new munitions of all types. At the the construction of its chemical weap- (Purpose: To require the Secretary of De- other end of the pipeline however is the ons disposal facility. This is an emo- fense to conduct an explosive munitions vexing problem of disposing of out- tionally charged issue, but one we are demilitarization demonstration program) dated munitions of all types. The enor- assured will be managed every step of At the end of subtitle D of title II, add the mity of the problem for this Nation is the way with safety of the operation following: this: The stocks managed by the Army, and concern for the community as its S7268 CONGRESSIONAL RECORD — SENATE July 11, 1997 highest priorities. Previous plants in AMENDMENT NO. 729, AS MODIFIED ‘‘(C) served in the armed forces after com- our country are proving that this can (Purpose: To require the concurrence of the pleting the initial service obligation; and Secretary of State for providing Depart- ‘‘(D) has not been released from active be done. However, conventional ammu- duty with a characterization of service less nition destruction lags behind, in my ment of Defense support for counter-drug activities of Peru and Colombia, and to favorable than honorable and has not re- opinion, on both counts. For this rea- limit the authority to provide such support ceived a discharge less favorable than an son I strongly believe that a dem- pending a plan for a riverine counter-drug honorable discharge. ‘‘(c) ONE AWARD AUTHORIZED.—Not more onstration program at Anniston in- program) than one Cold War service medal may be is- volving COTS blast chamber tech- On page 276, between lines 13 and 14, insert sued to any one person. nology begins the long awaited oppor- the following: ‘‘(d) ISSUANCE TO REPRESENTATIVE OF DE- tunity to rid North Alabama of another (c) CONCURRENCE OF SECRETARY OF STATE CEASED.—If a person referred to in subsection type of munition material, that only REQUIRED.—Subsection (a) of such section, as (b) dies before being issued the Cold War amended by subsection (a), is further amend- grows more unstable with time and service medal, the medal may be issued to ed by inserting ‘‘, with the concurrence of the person’s representative, as designated by will furnish the date upon which the the Secretary of State.’’ after ‘‘Secretary of the Secretary concerned. JOCG can make full-scale development Defense may’’. ‘‘(e) REPLACEMENT.—Under regulations pre- decision for other locations in the On page 276, line 19, insert ‘‘, with the con- scribed by the secretary concerned, a Cold country. currence of the Secretary of State.’’ after War service medal that is lost, destroyed, or ‘‘Secretary of Defense may’’. rendered unfit for use without fault or ne- Today, TOW missiles rounds, cur- On page 278, line 20, strike out ‘‘paragraph glect on the part of the person to whom it rently in storage, are experiencing (2)’’ and insert in lieu thereof ‘‘paragraph was issued may be replaced without charge. storage problems and must be dealt (3)’’. ‘‘(f) UNIFORM REGULATIONS.—The Secretary with as a higher destruction priority On page 280, line 24, strike out ‘‘(2)’’, and of Defense shall ensure that regulations pre- insert in lieu thereof the following: scribed by the Secretaries of the military de- over older missiles. Storage quantities (2) The Secretary may not obligate or ex- partments under this section are uniform so for TOW missiles reaches nearly 400,000 pend funds to provide a government with far as is practicable. rounds. I cannot conceive that OB/O, in support under this section until the Sec- ‘‘(g) DEFINITIONS.—In this section, the term Alabama or anywhere else in the Na- retary of Defense, together with the Sec- ‘Cold War’ means the period beginning on tion, is the most efficient and most re- retary of State, has developed a riverine August 15, 1974, and terminating at the end of December 21, 1991.’’. sponsible method of destruction for counter-drug plan (including the resources to be contributed by each such agency, and the (b) CLERICAL AMENDMENTS.—The table of these missiles. Other methodologies manner in which such resources will be uti- sections at the beginning of such chapter is must be utilized and they must be dem- lized, under the plan) and submitted the plan amended by adding at the end the following: onstrated now. to the committees referred to in paragraph ‘‘Sec. 1131. Cold War service medal.’’. (3). The plan shall set forth a riverine Mr. President, the COTS blast cham- counter-drug program that can be sustained AMENDMENT NO. 761 ber I am recommending for this dem- by the supported governments within five (Purpose: To enable the Los Alamos, New onstration program is totally enclosed, years, a schedule for establishing the pro- Mexico Schools to function without annual constructed of steel and consists of a gram, and a detailed discussion of how the assistance payments under the Atomic En- hydraulic chamber door, exhaust fan riverine counter-drug program supports na- ergy Communities Act of 1955 through al- ternative funding sources with additional and over-pressure controls. The cham- tional drug control strategy of the United States. positive impact to areas close to Los Ala- ber is large enough to accommodate (3) * * * mos National Laboratory) the TOW missiles I described. Noise SEC. . NORTHERN NEW MEXICO EDUCATIONAL measurements of 0.5 percent of what is AMENDMENT NO. 743 FOUNDATION. allowable by the Occupational Safety (Purpose: To establish and authorize the (a) Of the funds authorized to be appro- and Health Administration are cited by issuance of the Cold War service medal) priated to the Department of Energy by this Act. $5,000,000 shall be available for payment At the end of subtitle D of title V, add the the manufacturer. Emission controls by the Secretary of Energy to a nonprofit or following: for exhaust rates and temperatures are not-for-profit educational foundation char- also controlled. The chamber will work SEC. . 535. COLD WAR SERVICE MEDAL. tered to enhance the educational enrichment with Anniston’s current Subpart X per- (a) AUTHORITY.—Chapter 57 of title 10, activities in public schools in the area United States Code, is amended by adding at around the Los Alamos National Laboratory mits, and according to the manufac- the end the following: turer the blast chamber is 80 percent (in this section referred to as the ‘‘Founda- § 1131. Cold War service medal tion’’). cleaner than OB/OD. These are pluses ‘‘(a) MEDAL REQUIRED.—The Secretary con- (b) Funds provided by the Department of for any community in our country. cerned shall issue the Cold War service Energy to the Foundation shall be used sole- Mr. President, our environment will medal to persons eligible to receive the ly as corpus for an endowment fund. The medal under subsection (b). The Cold War Foundation shall invest the corpus and use not wait; the munitions will not wait, the income generated from such an invest- and the people should not have to wait service medal shall be of appropriate design approved by the Secretary of Defense, with ment to fund programs designed to support for the slow wheels of government. Let ribbons, lapel pins, and other appurtenances. the educational needs of public schools in us begin moving now, by bringing this ‘‘(b) ELIGIBLE PERSONS.—The following per- Northern New Mexico educating children in demonstration program on line in fis- sons are eligible to receive the Cold War the area around the Los Alamos National cal year 1998 and see if we as a country service medal: Laboratory. cannot benefit from a simple tech- ‘‘(1) A person who— ‘‘(A) performed active duty or inactive Mr. DOMENICI. Mr. President, this nology that can get the job done. duty training as an enlisted member of an amendment is critical to recognize the AMENDMENT NO. 752, AS MODIFIED armed force during the Cold War; mandate of the last Congress to stop ‘‘(B) completed the initial term of enlist- assistance payments to the School Dis- (Purpose: To provide for the assignment of ment; trict of Los Alamos, NM. under the an officer in the grade of O–7 or above to ‘‘(C) after the expiration of the initial term auspices of the Atomic Energy Commu- the position of defense attache in France) of enlistment, reenlisted in an armed force nity Act of 1955. It enables the high for an additional term or was appointed as a At the end of subtitle F of title V, add the commissioned officer or warrant officer in an quality of education in northern New following: armed force; and Mexico required to attract the staff of the Los Alamos National Laboratory— SEC. 557. GRADE OF DEFENSE ATTACHE IN ‘‘(D) has not received a discharge less fa- FRANCE. vorable than an honorable discharge or a re- the staff that enables the laboratory to lease from active duty with a characteriza- fulfill its Federal missions. And it rec- The Secretary of Defense and the Chair- tion of service less favorable than honorable. ognizes that many school districts in man of the Joint Chiefs of Staff shall take ‘‘(2) A person who— actions appropriate to ensure that each offi- the vicinity of the laboratory are now ‘‘(A) performed active duty or inactive contributing to the educational pro- cer selected for assignment to the position of duty training as a commissioned officer or defense attache in France is an officer who warrant officer in an armed force during the grams required by the laboratory’s holds, or is promotable to, the grade of brig- Cold War; staff and that these districts must offer adier general or, in the case of the Navy, ‘‘(B) completed the initial service obliga- suitably challenging educational pro- rear admiral (lower half). tion as an officer; grams. July 11, 1997 CONGRESSIONAL RECORD — SENATE S7269 The Atomic Energy Community Act Mr. BINGAMAN. Mr. President, sec- Because of its geographic isolation of 1955 enabled assistance payments for tion 3161(c) of the fiscal year 1996 Na- and lack of developable land, Los Ala- communities and school districts im- tional Defense Authorization Act mos is one of the highest-cost-of-living pacted by the presence of major atomic called for the Department of Energy to communities in New Mexico, with a energy facilities. These facilities were examine the need for continued funding cost of living 40 percent higher than primarily located in remote areas, to of the Los Alamos School District and the State average and 23 percent higher address the security concerns accom- to make recommendations to the Con- than the average for all of the United panying their missions. Assistance gress. If the Department’s rec- States. Thus, even though Los Alamos payments were required in recognition ommendation indicates a need for fur- receives the same State funding as of the nearly complete dependence of ther assistance for the school board or other comparably sized school dis- these cities on AEC facilities that did the county, as the case may be, after tricts, in Los Alamos the dollars do not not pay local taxes. It was also in rec- June 30, 1997, the recommendation go as far. ognition that the quality of the schools shall include a report and plan describ- Setting up an educational foundation available in these communities played ing the actions needed to eliminate the to help shoulder the burden that the a critical role in the recruitment and need for further assistance for the Department has been carrying makes retention of personnel at these remote school board or the county, including a good sense. Further, the Los Alamos sites. And in those early days, most of proposal for legislative action to carry School District has committed to a the laboratory staff lived in Los Ala- out the plan. number of actions that will further de- mos. The amendment that I am offering crease the need for Department of En- Over the years, most of these atomic today, with my colleague the senior ergy support in the future. It will in- energy communities moved to either Senator from New Mexico, is the result crease fees to students for various ac- attain economic self-sufficiency or of this planning process, involving the tivities, implement energy efficiency were close enough to self-sufficiency Los Alamos National Laboratory, the measures, and reduce administrative that they could accept buyout provi- Department of Energy, and the Los Al- costs. Already, this year the Los Ala- sions to enable their self-sufficiency. amos school board, and takes a major mos School District has reduced its Of school districts, only Los Alamos step toward downsizing the Depart- spending by roughly $900,00 through still needed these payments. In last ment’s contribution to the Los Alamos such measures, and it will continue to year’s Energy and Water Appropria- School District. examine contracts and functions in the tions Act, we noted that fiscal year The amendment provides for a Fed- future in order to reduce costs. 1997 would be the last payment to the eral payment in fiscal year 1998 of $5 The Department of Energy and the Los Alamos schools under the Atomic million to a foundation that will sup- Congress have always recognized that Energy Community Act of 1955. The port educational excellence in the the quality of the local school system Department was directed to develop schools serving the children of Los Ala- is a significant factor is many reloca- other approaches for continued funding mos employees. This Federal payment tion decisions involving personnel needs. will be matched by a contribution by whom Los Alamos National Laboratory The amendment we consider here the University of California—out of its would like to attract and retain. The today represents a critical step in pro- contract fee for managing and operat- national interest in maintaining the viding required resources for the Los ing Los Alamos National Laboratory— strength of the laboratory translates Alamos schools. It implements the plan and by private fundraising in the into a need to have a mechanism that developed by the Department to fulfill State. The amendment further provides will produce a superior school system the congressional mandate. It recog- that the interest earned on any Federal in the communities which are home to nizes that the personnel required at payment will remain with the founda- the technical employees of the labora- Los Alamos are now resident in many tion, instead of reverting to the U.S. tory. This proposal is a major step to- communities, not only Los Alamos, in Treasury, as would be the case absent a ward doing that at reduced cost to the the remote areas of northern New Mex- special provision to the contrary. In Government, and I urge its adoption. ico. The requirement to provide edu- our discussions with the majority AMENDMENT NO. 763, AS MODIFIED cational programs that will aid in re- members of the Senate Armed Services (Purpose: To congratulate Governor cruitment and retention for the staff of Committee on this amendment, we Christopher Patten of Hong Kong) Los Alamos National Laboratory is have agreed that future payments to At the appropriate place in the bill at the still present, but many school districts the foundation from the Department following new section: now house the workers for the labora- will be in order, so that the corpus of SEC. . (A) CONGRESSIONAL FINDINGS.—The tory—not only Los Alamos. Those dis- the endowment is sufficient to sustain Congress finds that— tricts also need enriched programs to excellence in the school system, but (1) His Excellency Christopher F. Patten, accomplish their contribution to the that more analysis is required to arrive the now former Governor of Hong Kong, was the twenty-eight British Governor to preside laboratory’s Federal mission. In re- at an overall figure for such additional over Hong Kong, prior to that territory re- sponse to the congressional mandate, support. This is the first step toward verting back to the People’s Republic of the Department developed the concept bringing to a close the annual payment China on July 1, 1997; of an educational foundation in north- to the school district. (2) Chris Patten was a superb adminis- ern New Mexico, that can supply edu- It is important to recognize that the trator and an inspiration to the people who cational enrichment funding to these Los Alamos School District is subject he sought to govern; to a number of special conditions that (3) During his five years as Governor of school districts. Hong Kong, the economy flourished under This amendment authorizes funding makes the development of alternative his stewardship, growing by more than 30% to start this foundation and specifies funding sources difficult. in real terms; that only interest from the initial Fed- The State of New Mexico funds its (4) Chris Patten presided over a capable eral investment will be used for edu- public schools under an equalization and honest civil service; cational enrichment programs. The De- formula. Thus, the Los Alamos School (5) Common crime declined during his ten- partment intends to fund this founda- District is not funded from local prop- ure, and the political climate was positive erty taxes directly, but from a State- and stable; tion, pending appropriations, over a pe- (6) Chris Patten’s legacy to Hong Kong is riod of about 5 years, during which wide fund into which all such property the expansion of democracy in Hong Kong’s time it will build the foundation’s taxes go. This factor represents an im- legislative council and a tireless devotion to funding to a level to supply appropriate portant constraint on the ability of the the rights, freedoms and welfare of Hong levels of enrichment funding to those community to tax itself to enhance its Kong’s people. districts impacting laboratory work- school system. As part of the agree- (7) Chris Patten fulfilled the British com- ers. ment that resulted in this legislative mitment to ‘‘put in place a solidly based The amendment is an important step proposal, the school board has agreed democratic administration’’ in Hong Kong prior to July 1, 1997. in stopping further funding under the to seek special legislation in New Mex- (B) It is the Sense of the Congress that— Atomic Energy Community Act of 1955 ico that would allow it to raise reve- (1) Governor Chris Patten has served his and fulfills the mandate of the previous nues to supplement the State-mediated country with great honor and distinction; Congress. funding. and S7270 CONGRESSIONAL RECORD — SENATE July 11, 1997 (2) He deserves special thanks and recogni- the discretion provided in section 1070, (B) courses for meeting educational quali- tion from the United States for his tireless the Secretary determine appropriate fication requirements for certification as an efforts to develop and nurture democracy in compensation in exchange for the B–17. acquisition program manager. Hong Kong. (e) DISTANCE LEARNING OPTION.—The pilot The provision, as amended, now would program may include policies and procedures provide the Secretary with the author- AMENDMENT NO. 806 for offering distance learning instruction by ity to convey the aircraft, after deter- (Purpose: To authorize contracting for pro- means of telecommunications, correspond- curements of capital assets before funds mining an appropriate level of com- ence, or other methods for off-site receipt of are available in working-capital funds for pensation, and securing other condi- instruction. (f) PERIOD FOR PILOT PROGRAM.—The Sec- such procurements) tions of conveyance. I certainly hope that the Secretary of the Air Force and retary shall carry out the pilot program dur- At the end of subtitle E of title III, add the ing fiscal years 1998 through 2002. following: the Air Force Museum will work to- (g) REPORT.—Not later than 90 days after SEC. 369. CONTRACTING FOR PROCUREMENT OF gether with the Planes of Fame Mu- the termination of the pilot program, the CAPITAL ASSETS IN ADVANCE OF seum to reach an agreement that is in Secretary shall submit to Congress a report AVAILABILITY OF FUNDS IN THE the best interests of all parties. on the pilot program. The report shall in- WORKING-CAPITAL FUND FINANC- clude the Secretary’s assessment of the ING THE PROCUREMENT. Mr. President, let me close by thank- value of the program for meeting the purpose Section 2208 of title 10, United States Code, ing my distinguished friend from Vir- of the program and the desirability of perma- is amended by adding at the end the follow- ginia, Mr. WARNER; the chairman of the nently establishing a similar program for all ing: Armed Services Committee, Mr. THUR- of the Department of Defense. ‘‘(l)(1) A contract for the procurement of a MOND; and their staffs for their assist- (h) INSTITUTION OF HIGHER EDUCATION DE- capital asset financed by a working-capital ance with this amendment. FINED.—In this section, the term ‘‘institution fund may be awarded in advance of the avail- AMENDMENT NO. 808 of higher education’’ has the meaning given ability of funds in the working-capital fund the term in section 1201 of the Higher Edu- for the procurement. (Purpose: To establish at the Naval Undersea Warfare Center a pilot program of higher cation Act of 1965 (20 U.S.C. 1141). ‘‘(2) Paragraph (1) applies to any of the fol- (i) AUTHORIZATION OF APPROPRIATIONS.—(1) education with respect to the administra- lowing capital assets that have a develop- Funds are authorized to be appropriated for tion of business relationships between the ment or acquisition cost of not less than the Navy for the pilot program for fiscal Federal Government and the private sec- $100,000: year 1998 in the total amount of $2,500,000. tor) ‘‘(A) A minor construction project under The amount authorized to be appropriated section 2805(c)(1) of this title. On page 353, between lines 7 and 8, insert for the pilot program is in addition to other ‘‘(B) Automatic data processing equipment the following: amounts authorized by other provisions of or software. SEC. 1107. HIGHER EDUCATION PILOT PROGRAM this Act to be appropriated for the Navy for ‘‘(C) Any other equipment. FOR THE NAVAL UNDERSEA WAR- fiscal year 1998. ‘‘(D) Any other capital improvement.’’. FARE CENTER. (2) The amount authorized to be appro- (a) ESTABLISHMENT.—The Secretary of the priated by section 421 is hereby reduced by AMENDMENT NO. 807 Navy may establish under the Naval Under- $2,500,000. (Purpose: To delete the authority to convey sea Warfare Center (hereafter in this section AMENDMENT NO. 809 referred to as the ‘‘Center’’) and the Acquisi- the B–17 aircraft under section 1070 with- (Purpose: To provide funds for the operation tion Center for Excellence of the Navy joint- out consideration) for Fort Chaffee, Arkansas) On page 341, line 18, strike out ‘‘, without ly a pilot program of higher education with respect to the administration of business re- At the appropriate place in the bill, add consideration,’’. the following: ‘‘of the amount authorized for On page 341, at the end of line 23, add the lationships between the Federal Government and the private sector. O&M, Army National Guard, $6,854,000 may following: ‘‘The Secretary of the Air Force be available for the operation of Fort (b) PURPOSE.—The purpose of the pilot pro- shall determine the appropriate amount of Chaffee, Arkansas.’’ consideration that is comparable to the gram is to make available to employees of the Center and employees of the Naval Sea value of the aircraft.’’. AMENDMENT NO. 810 Systems Command a curriculum of grad- Mr. DEWINE. Mr. President, I want uate-level higher education that— (Purpose To authorize $12,000,000 to be set to take a moment to comment on the (1) is designed to prepare the employees ef- aside for contracted training flight services) proposed technical amendment I have fectively to meet the challenges of admin- At the end of subtitle E of title III, add the offered to section 1070 of S. 936, the fis- istering Federal Government contracting following: cal year 1998 Department of Defense and other business relationships between the SEC. 369. CONTRACTED TRAINING FLIGHT SERV- Federal Government and businesses in the ICES. authorization bill. Specifically, section Of the amount authorized to be appro- 1070 would grant the Secretary of the private sector in the context of constantly changing or newly emerging industries, tech- priated under section 301(4), $12,000,000 may Air Force the authority to convey to nologies, governmental organizations, poli- be used for contracted training flight serv- the Planes of Fame Museum in Chino, cies, and procedures (including governmental ices. CA, a B–17 aircraft known as the organizations, policies, and procedures rec- Mr. CLELAND. Mr. President, the ‘‘Picadilly Lilly.’’ It is my understand- ommended in the National Performance Re- Contracted Training Flight Services ing that the aircraft is in need of re- view); and Program was instituted 10 years ago pairs, and the museum would be willing (2) leads to award of a graduate degree. because the Air Force and Air National (c) PARTNERSHIP WITH INSTITUTION OF HIGH- to do the necessary work on the B–17 Guard determined that civilian compa- provided the museum had clear title to ER EDUCATION.—(1) The Secretary may enter into an agreement with an institution of nies could provide a high level of elec- the aircraft. higher education to assist the Center with tronic warfare training at a much Technically, it is my understanding the development of the curriculum, to offer lower price than the military itself. that the aircraft is historical property courses and provide instruction and mate- The track record of this program has under the administration of the U.S. rials to the extent provided for in the agree- indeed shown that civilians can provide Air Force Museum, which is located at ment, to provide any other assistance in sup- this training at a significantly lower Wright-Patterson Air Force Base in port of the pilot program that is provided for price. The mathematics are clear. This Dayton, OH. It is also my understand- in the agreement, and to award a graduate program serves a vital training need: ing that the Air Force Museum has degree under the pilot program. (2) An institution of higher education is el- modern sophisticated, and high quality been attempting to work out an agree- igible to enter into an agreement under para- electronic countermeasures training. It ment with the Planes of Fame Museum graph (1) if the institution has an established is far cheaper to provide this training that would allow for the latter facility program of graduate-level education that is using cheaper-to-operate commercial to take the B–17 in exchange for other relevant to the purpose of the pilot program. jet aircraft than our military fighters. historical property. I am told the Air (d) CURRICULUM.—The curriculum offered The Senate Armed Services Commit- Force Museum is prepared to continue under the pilot program shall— tee has a history of supporting this to work in good faith with the Planes (1) be designed specifically to achieve the program and believes that it has re- of Fame Museum to arrive at an ex- purpose of the pilot program; and sulted in significant savings to the Air (2) include— change that is mutually beneficial. (A) courses that are typically offered under Force and Air National Guard. I am The technical change I am offering curricula leading to award of the degree of pleased that Senator COVERDELL join simply is designed to ensure that if the Masters of Business Administration by insti- me in offering this amendment, and I Secretary of the Air Force exercises tutions of higher education; and urge its adoption. July 11, 1997 CONGRESSIONAL RECORD — SENATE S7271

AMENDMENT NO. 811 (9) On August 11, 1995, President Clinton di- rity Council, or Congress regarding the safe- (Purpose: To ensure the President and Con- rected ‘‘the establishment of a new annual ty, security, and reliability of the nuclear gress receive unencumbered advice from reporting and certification requirement [to] weapons stockpile. the directors of the national laboratories, ensure that our nuclear weapons remain safe (e) DEFINITIONS.— the members of the Nuclear Weapons Coun- and reliable under a comprehensive test (1) REPRESENTATIVE OF THE PRESIDENT.— cil, and the commander of the United ban’’. The term ‘‘representative of the President’’ States Strategic Command regarding the (10) On the same day, the President noted means the following: safety, security, and reliability of the that the Secretary of Defense and the Sec- (A) Any official of the Department of De- United States nuclear weapons stockpile) retary of Energy have the responsibility, fense or the Department of Energy who is ap- On page 347, between lines 15 and 16, insert after being ‘‘advised by the Nuclear Weapons pointed by the President and confirmed by the following: Council, the Directors of DOE’s nuclear the Senate. SEC. 1075. ADVICE TO THE PRESIDENT AND CON- weapons laboratories, and the Commander of (B) Any member of the National Security GRESS REGARDING THE SAFETY, SE- United States Strategic Command’’, to pro- Council. CURITY, AND RELIABILITY OF UNIT- vide the President with the information to (C) Any member of the Joint Chiefs of ED STATES NUCLEAR WEAPONS make the certification referred to in para- Staff. STOCKPILE. graph (9). (D) Any official of the Office of Manage- (a) FINDINGS.—Congress makes the follow- (11) The Joint Nuclear Weapons Council es- ment and Budget. ing findings: tablished by section 179 of title 10, United (2) NUCLEAR WEAPONS LABORATORY.—The (1) Nuclear weapons are the most destruc- States Code, is responsible for providing ad- term ‘‘nuclear weapons laboratory’’ means tive weapons on earth. The United States vice to the Secretary of Energy and Sec- any of the following: and its allies continue to rely on nuclear retary of Defense regarding nuclear weapons (A) Los Alamos National Laboratory. weapons to deter potential adversaries from issues, including ‘‘considering safety, secu- (B) Livermore National Laboratory. using weapons of mass destruction. The safe- rity, and control issues for existing weap- (C) Sandia National Laboratories. ty and reliability of the nuclear stockpile ons’’. The Council plays a critical role in ad- are essential to ensure its credibility as a de- vising Congress in matters relating to nu- AMENDMENT NO. 812 terrent. clear weapons. (2) On September 24, 1996, President Clin- (Purpose: To authorize a land conveyance, (12) It is essential that the President re- ton signed the Comprehensive Test Ban Hancock Field, Syracuse, New York) ceive well-informed, objective, and honest Treaty. On page 409, between lines 13 and 14, insert opinions from his advisors and technical ex- (3) Effective as of September 30, 1996, the the following: perts regarding the safety, security, and reli- United States is prohibited by section 507 of ability of the nuclear weapons stockpile. SEC. 2819. LAND CONVEYANCE, HANCOCK FIELD, the Energy and Water Development Appro- SYRACUSE, NEW YORK. (b) POLICY.— priations Act, 1993 (Public Law 102–377; 42 (1) IN GENERAL.—It is the policy of the (a) CONVEYANCE AUTHORIZED.—(1) The Sec- U.S.C. 2121 note) from conducting under- United States— retary of the Air Force may convey, without ground nuclear tests ‘‘unless a foreign state (A) to maintain a safe, secure, and reliable consideration, to Onondaga County, New conducts a nuclear test after this date, at nuclear weapons stockpile; and York (in this section referred to as the which time the prohibition on United States (B) as long as other nations covet or con- ‘‘County’’), all right, title, and interest of nuclear testing is lifted’’. trol nuclear weapons or other weapons of the United States in and to a parcel of real (4) Section 1436(b) of the National Defense mass destruction, to retain a credible nu- property, including any improvements there- Authorization Act, Fiscal Year 1989 (Public clear deterrent. on, consisting of approximately 14.9 acres Law 100–456; 42 U.S.C. 2121 note) requires the (2) NUCLEAR WEAPONS STOCKPILE.—It is in and located at Hancock Field, Syracuse, New Secretary of Energy to ‘‘establish and sup- the security interest of the United States to York, the site of facilities no longer required port a program to assure that the United sustain the United States nuclear weapons for use by the 152nd Air Control Group of the States is in a position to maintain the reli- New York Air National Guard. ability, safety, and continued deterrent ef- stockpile through programs relating to stockpile stewardship, subcritical experi- (2) If at the time of the conveyance author- fect of its stockpile of existing nuclear weap- ized by paragraph (1) the property is under ons designs in the event that a low-threshold ments, maintenance of the weapons labora- tories, and protection of the infrastructure the jurisdiction of the Administrator of Gen- or comprehensive test ban on nuclear explo- eral Services, the Administrator shall make sive testing is negotiated and ratified.’’. of the weapons complex. (3) SENSE OF CONGRESS.—It is the sense of the conveyance. (5) Section 3138(d) of the National Defense (b) CONDITION OF CONVEYANCE.—The con- Authorization Act for Fiscal Year 1994 (Pub- Congress that— (A) the United States should retain a triad veyance authorized by subsection (a) shall be lic Law 103–160; 42 U.S.C. 2121 note) requires subject to the condition that the County use the President to submit an annual report to of strategic nuclear forces sufficient to deter any future hostile foreign leadership with ac- the property conveyed for economic develop- Congress which sets forth ‘‘any concerns ment purposes. with respect to the safety, security, effec- cess to strategic nuclear forces from acting (c) REVERSION.—If the Secretary deter- tiveness, or reliability of existing United against our vital interests; (B) the United States should continue to mines at any time that the property con- States nuclear weapons raised by the Stock- veyed pursuant to this section is not being pile Stewardship Program of the Department maintain nuclear forces of sufficient size and capability to hold at risk a broad range of used for the purposes specified in subsection of Energy’’. (b), all right, title, and interest in and to the (6) President Clinton declared in July 1993 assets valued by such political and military leaders; and property, including any improvements there- that ‘‘to assure that our nuclear deterrent on, shall revert to the United States, and the remains unquestioned under a test ban, we (C) the advice of the persons required to provide the President and Congress with as- United States shall have the right of imme- will explore other means of maintaining our diate entry thereon. confidence in the safety, reliability, and the surances of the safety, security and reliabil- ity of the nuclear weapons force should be (d) DESCRIPTION OF PROPERTY.—The exact performance of our weapons’’. This decision acreage and legal description of the property was codified in a Presidential Directive. scientifically based, without regard for poli- tics, and of the highest quality and integ- to be conveyed under subsection (a) shall be (7) Section 3138 of the National Defense Au- determined by a survey satisfactory to the thorization Act for Fiscal Year 1994 also re- rity. (c) ADVICE AND OPINIONS REGARDING NU- Secretary. The cost of the survey shall be quires that the Secretary of Energy establish CLEAR WEAPONS STOCKPILE.—Any director of borne by the County. a ‘‘stewardship program to ensure the preser- a nuclear weapons laboratory or member of (e) ADDITIONAL TERMS AND CONDITIONS.— vation of the core intellectual and technical the Joint Nuclear Weapons Council, or the The Secretary may require such additional competencies of the United States in nuclear Commander of United States Strategic Com- terms and conditions in connection with the weapons’’. mand, may submit to the President or Con- conveyance under subsection (a) as the Sec- (8) The plan of the Department of Energy gress advice or opinion in disagreement with, retary considers appropriate to protect the to maintain the safety and reliability of the or in addition to, the advice presented by the interests of the United States. United States nuclear stockpile is known as Secretary of Energy or Secretary of Defense Mr. D’AMATO. Mr. President, I rise the Stockpile Stewardship and Management to the President, the National Security Program. The ability of the United States to Council, or Congress, as the case may be, re- today to cointroduce legislation with maintain warheads without testing will re- garding the safety, security, and reliability Senator MOYNIHAN that would greatly quire development of new and sophisticated of the nuclear weapons stockpile. assist economic development in Syra- diagnostic technologies, methods, and proce- (d) EXPRESSION OF INDIVIDUAL VIEWS.—A cuse, NY. This legislation concerns dures. Current diagnostic technologies and representative of the President may not take Hancock Field in Syracuse. There are laboratory testing techniques are insuffi- any action against, or otherwise constrain, a two parcels of land there that the Air cient to certify the future safety and reli- director of a nuclear weapons laboratory, a ability of the United States nuclear stock- member of the Joint Nuclear Weapons Coun- Force Base Conversion Agency intends pile. In the past these laboratory and diag- cil, or the Commander of United States Stra- to dispose of, and would be of great nostic tools were used in conjunction with tegic Command for presenting individual value to the Hancock Field Develop- nuclear testing. views to the President, the National Secu- ment Corp. In this amendment, we ask S7272 CONGRESSIONAL RECORD — SENATE July 11, 1997 that these parcels of land be conveyed the buildings conveyed under this subpara- tion and the Hays/Lodgepole School to the corporation so that they may graph; and District on the Fort Belknap Reserva- use the land to further economic devel- (B) grant the school district access to the tion. Both school districts will use the property for purposes of removing such opment in the region and increase jobs. homes and buildings, the housing unit, and buildings for classrooms and school fa- The first parcel of land was formerly such personal property from the property. cilities. the base housing management area. It (3) That the Corporation— In addition the Human Resource De- is at a strategic spot on Performance (A) convey to the District 4 Human Re- velopment Council in Havre will re- Drive because it is needed to complete sources Development Council, Montana, ceive eight homes which it will use to a major access way to the industrial eight single-family homes located on the house the homeless. airpark. The second parcel is 15 acres property to be conveyed under that sub- The real property and remaining section as jointly agreed upon by the Cor- at the center of the airpark which is poration and the council; and structures will be utilized by Bear Paw currently the site of the 152d Air Con- (B) grant the council access to the prop- for local economic development trol Group, which is moving to a new erty for purposes of removing such homes projects. location very soon. This parcel is from the property. Mr. President, this conveyance re- owned by the Federal Government and (4) That any property conveyed under sub- sults in several important benefits: Re- will be declared surplus and disposed of section (a) that is not conveyed under this lieving the Air Force and taxpayers of through the traditional GSA property subsection be used for economic development the responsibility of preserving deacti- purposes or housing purposes. disposal process, rather than the BRAC (c) REVERSION.—If the Secretary deter- vated facilities, helping local school disposal process. mines at any time that the property con- districts provide adequate and safe These small actions will have a big veyed pursuant to this section which is cov- school facilities for their students, and effect on the redevelopment at Han- ered by the condition specified in subsection promoting economic stability and cock. I am very pleased that this (b)(4) is not being used for the purposes spec- growth in northcentral Montana. Truly amendment has been agreed to. I would ified in that subsection, all right, title, and all parties will benefit from this trans- interest in and to such property, including also like to thank Chairman THURMOND fer. any improvements thereon, shall revert to and Senator LEVIN, the ranking mem- the United States, and the United States Thank you for your consideration. ber on the Armed Services Committee. shall have the right of immediate entry AMENDMENT NO. 814 Their leadership in getting this impor- thereon. (Purpose: To authorize the production of tant legislation passed was very instru- (d) DESCRIPTION OF PROPERTY.—The exact tritium in commercial facilities) mental. acreages and legal description of the parcels On page 444, between lines 20 and 21, insert of property conveyed under subsection (a) AMENDMENT NO. 813 the following: shall be determined by surveys satisfactory (Purpose: To authorize a land conveyance, to the Secretary. The cost of the surveys SEC. 3139. TRITIUM PRODUCTION IN COMMER- CIAL FACILITIES. Havre Air Force Station, Montana, and shall be borne by the Corporation. (a) Section 91 of the Atomic Energy Act of Havre Training Site, Montana) (e) ADDITIONAL TERMS AND CONDITIONS.— On page 409, between lines 13 and 14, insert The Secretary may require such additional 1954 (42 U.S.C. 2121) is amended by adding at the following: terms and conditions in connection with the the end the following: ‘‘(d). The Secretary may— SEC. 2819. LAND CONVEYANCE, HAVRE AIR conveyance under subsection (a) as the Sec- ‘‘(A) demonstrate the feasibility of, and FORCE STATION, MONTANA, AND retary considers appropriate to protect the HAVRE TRAINING SITE, MONTANA. interests of the United States. ‘‘(B)(i) acquire facilities by lease or pur- (a) CONVEYANCE AUTHORIZED.—(1) The Sec- chase, or Mr. BAUCUS. Mr. President, I am ‘‘(ii) enter into an agreement with an retary of the Air Force may convey, without pleased to offer an amendment to the consideration, to the Bear Paw Development owner or operator of a facility, for Corporation, Havre, Montana (in this section Department of Defense authorization the production of tritium for defense-related referred to as the ‘‘Corporation’’), all right, measure providing for the conveyance uses in a facility licensed under section 103 title, and interest of the United States in of the Havre Air Force Station and of this Act.’’ and to the real property described in para- Training Site in northcentral Montana graph (2). to the Bear Paw Development Corp. AMENDMENT NO. 815 (2) The authority in paragraph (I) applies These two facilities comprise over 90 (Purpose: To require the screening of real to the following real property: acres of real property. Seventy-seven property authorized or required to be con- (A) A parcel of real property, including any buildings are located on the property, veyed by the Department of Defense) improvements thereon, consisting of ap- On page 397, between lines 11 and 12, insert proximately 85 acres and comprising the including 45 single family homes. The the following: Havre Air Force Station, Montana. U.S. Air Force deactivated these facili- (B) A parcel of real property, including any ties in 1993 although it has maintained SEC. 2805. SCREENING OF REAL PROPERTY TO BE improvements thereon, consisting of ap- the facilities since that time. CONVEYED BY THE DEPARTMENT OF DEFENSE. proximately 9 acres and comprising the Members of the Bear Paw Develop- (a) REQUIREMENT.—(1) Chapter 159 of title Havre Training Site, Montana. ment Corp. include Hill, Blaine, Lib- 10, United States Code, as amended by sec- (b) CONDITIONS OF CONVEYANCE.—The con- erty, and Chouteau Counties, the cities tion 2803 of this Act, is further amended by veyance authorized by subsection (a) shall be of Havre, Chinook, Harlem, and Fort adding at the end the following: subject to the following conditions: Benton, the town of Chester and the (1) That the Corporation— § 2697. Screening of certain real property be- (A) convey to the Box Elder School Dis- Fort Belknap and Rocky Boy’s Tribal fore conveyance trict 13G, Montana, 10 single-family homes Governments. It was officially recog- ‘‘(a) REQUIREMENT.—(1) Notwithstanding located on the property to be conveyed under nized by the U.S. Economic Develop- any other provision of law and except as pro- that subsection as jointly agreed upon by the ment Administration in 1968 and has vided in subsection (b), the Secretary con- Corporation and the school district; and received similar recognition from the cerned may not convey real property that is (B) grant the school district, access to the State of Montana as well. authorized or required to be conveyed, property for purposes of removing the homes Bear Paw Development provides a va- whether for or without consideration, by any from the property. riety of community and economic de- provision of law unless the Administrator of (2) That the Corporation— General Services determines that the prop- (A) convey to the Hays/Lodgepole School velopment services to its members in- erty is surplus property to the United States District 50, Montana— cluding helping local governments plan in accordance with the Federal Property and (i) 27 single-family homes located on the for infrastructure improvements and Administrative Service Act of 1949. property to be conveyed under that sub- secure needed financing. It also pro- ‘‘(2) The Administrator shall complete the section as jointly agreed upon by the Cor- vides training and technical assistance screening required for purposes of paragraph poration and the school district; to businesses through the Small Busi- (1) not later than 30 days after the date of en- (ii) one barracks housing unit located on ness Development Center and the Mon- actment of the provision authorizing or re- the property; tana Microbusiness Program. quiring the conveyance of the real property (iii) two steel buildings (nos. 7 and 8) lo- My amendment provides that Bear concerned. cated on the property; ‘‘(3)(A) As part of the screening of real (iv) two tin buildings (nos. 37 and 44) lo- Paw will convey the single family property under this subsection, the Adminis- cated on the property; and homes as well as several other build- trator shall determine the fair market value (v) miscellaneous personal property lo- ings to the Box Elder School District of the property, including any improvements cated on the property that is associated with adjacent to the Rocky Boy’s Reserva- thereon. July 11, 1997 CONGRESSIONAL RECORD — SENATE S7273 ‘‘(B) In the case of real property deter- by the Department of Defense. This appropriate action is to amend the mined to be surplus, the Administrator shall amendment also requires that GSA Federal Property and Administrative submit to Congress a statement of the fair provide Congress with a statement of Services Act. market, value of the property, including any value for any real property which is improvements thereon, not later than 30 Now let me explain why Federal days after the completion of the screening. conveyed by the Department of De- screening of excess property makes ‘‘(b) EXCEPTED AUTHORITY.—Subsection (a) fense. sense. I ask unanimous consent to in- shall not apply to real property authorized This provision will codify a process sert in the RECORD, at the conclusion of or required to be disposed of under the fol- which started when I was chairman of my remarks, a chart provided by the lowing provisions of law: the Readiness Subcommittee, and General Services Administration enti- ‘‘(1) Section 2687 of this title. which was continued by Senator tled, ‘‘Recent Examples of Excess Real ‘‘(2) Title II of the Defense Authorization MCCAIN when he was chairman. I con- Property Screened by GSA with Fed- Amendments and Base Closure and Realign- gratulate and thank Senator INHOFE ment Act (Public Law 100–526; 10 U.S.C. 2687 eral Agencies and Subsequently Trans- and Senator ROBB for accepting this note). ferred to other Federal Agencies for ‘‘(3) The Defense Base Closure and Realign- amendment. In previous years, this in- Continued Federal Use.’’ ment Act of 1990 (part A of title XXIX of formal process sought to ensure that Mr. President, this chart shows why Public Law 101–510; 10 U.S.C. 2687 note). taxpayer’s interests were partially pro- Federal screening of excess property ‘‘(4) Any provision of law authorizing the tected, by conducting an expedited 30- saves taxpayer dollars. The chart lists closure or realignment of a military installa- day screen conducted by the General five examples, including two from the tion that is enacted after the date of enact- Services Administration for other Fed- ment of the National Defense Authorization Department of Defense, where excess eral interest of each proposed land con- property from one agency was trans- Act for Fiscal Year 1998. veyance in the defense authorization ‘‘(5) Title II of the Federal Property and ferred to another Federal agency as a bill. Because these land conveyance Administrative Services Act of 1949 (40 result of the screening process. The U.S.C. 481 et seq.). provisions implicitly waive the Federal total value of property in these five ex- ‘‘(c) LIMITATION ON MODIFICATION OR WAIV- Property and Administrative Services amples is almost $36 million. What this ER.—A provision of law may not be construed Act, the committee cannot assure tax- means, Mr. President, is that the as modifying or superseding the provisions of payers that the Federal Government is screening process saved Federal tax- subsection (a) unless that provision of law— not seeking to acquire property that is payers $36 million because the receiv- ‘‘(A) specifically refers to this section; and similar to what the legislative provi- ‘‘(B) specifically states that such provision ing agencies were able to utilize prop- sions are giving away. erty which the holding agency no of law modifies or supersedes the provisions Now, Mr. President, some have sug- of subsection (a).’’. longer needed. ‘‘(2) The table of sections at the beginning gested that screening this property for Federal interest is just a bureaucratic I would expect that my colleagues of such chapter, as so amended, is further who speak of the importance of bal- amended by adding at the end the following: procedure that delays the productive use of property which the member in ancing the budget and are so-called ‘‘2697. Screening of certain real property be- deficit hawks would be interested in fore conveyance.’’. his or her judgment believes to be the best interest of his or her constituents. the result of GSA’s valuation of these ‘‘(b) APPLICABILITY.—Section 2697 of title properties. 10, United States Code, as added by sub- Others have suggested that this process section (a) of this section, shall apply with is a waste of time because the expe- So to conclude, I am pleased that the respect to any real property authorized or dited screening policy implemented by committee has accepted this amend- required to be conveyed under a provision of Senator MCCAIN and myself never re- ment. As a result I do not intend to law covered by such section that is enacted sulted in property being flagged for offer the amendment I have filed on after December 31, 1996. other Federal use. the individual land conveyance provi- Mr. GLENN. Mr. President, I am I would like to address each of these sions. I look forward to working with pleased the committee has adopted an points. my colleagues to ensure that this pro- amendment Senator MCCAIN and I have First, Federal screening is the law of vision is retained in conference. offered which requires the General the land. If Congress, and the Armed There being no objection, the table Services Administration to conduct a Services Committee in particular, be- was ordered to be printed in the Federal screening of property conveyed lieve that it is no longer necessary, the RECORD, as follows: RECENT EXAMPLES OF EXCESS REAL PROPERTY SCREENED BY GSA WITH FEDERAL AGENCIES AND SUBSEQUENTLY TRANSFERRED TO OTHER FEDERAL AGENCIES FOR CONTINUED FEDERAL USE 1

Holding agency Property name Acres Receiving agency Value

Air Force ...... Pease Air Force Base, New Hampshire ...... 1,054 Fish and Wildlife ...... $24,000,000 National Institute of Health ...... Triangle Park, North Carolina ...... 132 EPA ...... 6,600,000 Navy ...... Brooklyn Navy Yard, New York ...... 5.7 Bureau of Prisons ...... 4,000,000 GSA ...... Curtis Bay Storage, Maryland ...... 12 Corps of Engineers ...... 900,000 GSA (reverter) ...... Wellesley Island, New York ...... 5 Border Patrol ...... 240,000 1 Federal screening requires minimal property information from the Holding agency and can be conducted many months prior to an excess action.

AMENDMENT NO. 816 uable, mutually beneficial affiliation selected, specific research topics, and (Purpose: To make available $15,000,000 for between the Department of Defense the Departments, working together, the DOD/VA Cooperative Research Program) and the Department of Veterans’ Af- come up with priorities for research On page 15, line 22, strike out fairs by authorizing a $15 million in- areas and the appropriate funding lev- ‘‘$2,918,730,000’’ and insert in lieu thereof crease for the DOD/VA Cooperative Re- els. The VA and DOD jointly designate ‘‘$2,903,730,000’’. search Program. This program encour- On page 30, line 14, strike out representatives to oversee the entire ‘‘$10,072,347,000’’ and insert in lieu thereof ages health-related research which ben- process. The result is research which efits both veterans and active duty ‘‘$10,087,347,000’’. provides a strong, direct link between military personnel. In fact, fostering On page 46, between lines 6 and 7, insert DOD and VA investigators to pursue the following: this collaborative relationship was the research of mutual interest, and facili- SEC. 220. DOD/VA COOPERATIVE RESEARCH PRO- original intent of the DOD appropria- GRAM. tion, back when this program began in tates research that follows the natural Of the amount authorized to be appro- 1987. It has been funded every year course of disease or injury in individ- priated by section 201(4), $15,000,000 shall be since then. Funding for this amend- uals, first as active duty military per- available for the DOD/VA Cooperative Re- sonnel, and then as veterans. search Program. The Secretary of Defense ment is made available from the Army shall be the executive agent for the funds au- procurement, specifically, special I am cosponsoring this amendment thorized under this section. equipment for user testing. with Senator DURBIN and Senator ∑ Mr. ROCKEFELLER. Mr. President, Each year, the DOD/VA Cooperative SPECTER who also believe that the joint this amendment seeks to further a val- Research Program begins with jointly research program reaps tremendous S7274 CONGRESSIONAL RECORD — SENATE July 11, 1997 benefits. I thank the distinguished jun- nesses including PTSD and the possible in recognition of the invaluable service ior Senator from Pennsylvania for his effect of stress on undiagnosed symp- rendered by our veterans and military willingness to reach agreement on this toms experienced by Persian Gulf War personnel. amendment. veterans. AMENDMENT NO. 817 In fiscal year 1997, DOD and VA The Department of Defense and Vet- (Purpose: To express the sense of the Senate agreed to spend the funds provided for erans Affairs are joined by their com- that the process of enlarging the North At- this program on such areas as a new mon responsibilities to the men and lantic Treaty Organization should be a Environmental Epidemiology Research women who are first service members, continuous process) Center and studies on combat casualty but subsequently become veterans. In On page 347, between lines 15 and 16, insert care including bone healing, blood re- the DOD-VA Cooperative Research pro- the following: placement, skin repair, vascular repair, gram each Department brings unique SEC. 1075. SENSE OF THE SENATE REGARDING and spinal cord injury. Last year’s pro- strengths to the table to advance their EXPANSION OF THE NORTH ATLAN- gram also yielded expanded research on joint missions and commitments. Per- TIC TREATY ORGANIZATION. prostate cancer and emerging patho- haps that is why DOD’s Dr. Anna John- (a) FINDINGS.—The Senate makes the fol- lowing findings: gens. son-Winegar, Director, Environmental (1) The North Atlantic Treaty Organiza- In addition, I am particularly encour- and Life Sciences, has been quoted as tion (NATO) met on July 8 and 9, 1997, in Ma- aged by a new research program on saying ‘‘Our investigators are very en- drid, Spain, and issued invitations to the psychiatric disease and post-traumatic thusiastic about participating in these Czech Republic, Hungary, and Poland to stress disorder targeted at identifying joint initiatives.’’ begin accession talks to join NATO. risk profiles for soldiers who might Mr. President, both the Departments (2) Congress has expressed its support for have a higher probability of developing of Defense and Veterans Affairs will the process of NATO enlargement by approv- PTSD. This PTSD-prevention program benefit from the approval of this ing the NATO Enlargement Facilitation Act of 1996 (Public Law 104–208; 22 U.S.C. 1928 will be developing methods to screen amendment. Even more importantly, note) by a vote of 81–16 in the Senate, and potential combat-ready soldiers for the men and women who now wear the 353–65 in the House of Representatives. PTSD. As the ranking member of the uniforms of our Armed Forces and who (3) The United States has assured that the Committee on Veterans’ Affairs, I have will one day become veterans will reap process of enlarging NATO will continue witnessed the devastating effects of the benefits of the medical research au- after the first round of invitations in July. PTSD on the lives of former military thorized by this amendment. (4) Romania and Slovenia are to be com- personnel, and I am enormously en- Mr. DURBIN. Mr. President, I ap- mended for their progress toward political couraged by research which may pre- plaud the authorization of $15 million and economic reform and meeting the guide- for the DOD–VA Cooperative Research lines for prospective membership in NATO. vent the onset of PTSD. (5) In furthering the purpose and objective Because of the collaborative nature Program. Authorization of these funds of NATO in promoting stability and well- of the joint program, this amendment will guarantee the continuation of this being in the North Atlantic area, NATO does not specify research areas for laudable research effort. should invite Romania, Slovenia, and any focus. Rather, it leaves that decision The DOD–VA Cooperative Research other democratic states of Central and East- with the Departments. Given the num- Program supports important research ern Europe to accession negotiations to be- ber of unanswered questions surround- that contributes significantly to the come NATO members as expeditiously as ing the illnesses and health problems of health missions of both DOD and the possible upon the satisfaction of all relevant gulf war veterans, however, I am opti- Department of Veterans Affairs [VA]. membership criteria. Since 1987, the VA medical and pros- (b) SENSE OF THE SENATE.—It is the sense mistic the DOD and VA will want to of the Senate that NATO should be com- pursue more research in this area to thetics research appropriation has been mended— help identify effective treatments and supplemented by funds transferred to (1) for having committed to review the recognize the battlefield risks that our VA under a cooperative agreement process of enlarging NATO at the next NATO troops face in today’s warfare. This re- with DOD. The DOD–VA research pro- summit in 1999; and search would not only address the cur- gram has become a truly collaborative (2) for singling out the positive develop- rent health problems of gulf war veter- effort and one that is mutually bene- ments toward democracy and rule of law in ans, it will also help identify preven- ficial to both DOD and VA. The work Romania and Slovenia. tion measures for future deployments. performed under this program address- Mr. COATS. Mr. President, this As the nature of war changes, the mod- es conditions affecting both active week, Heads of State and Government ern military must cope with threats duty personnel and veterans, such as of the member countries of the North that include environmental hazards post-traumatic stress disorder, the con- Atlantic Alliance met in Madrid and and possible biological or chemical sequences of exposure to environ- agreed to expand of NATO by inviting warfare, as well as the more traditional mental hazards, wound repair, brain the Czech Republic, Hungary, and Po- hazards of combat. Research is needed and spinal cord injury, and skin and land to begin accession talks with to ensure that we are ready to meet vascular repair. No other program sup- NATO. These central European coun- these new risks.∑ ports this type of mission-relevant co- tries were always considered the likely Mr. SPECTER. Mr. President, I am operative research. first nations to be invited to join since pleased to join with my colleagues I expect that with this funding, areas the collapse of the Soviet Union and from West Virginia and Illinois in of- of mutual interest to DOD and VA in the emergency of democracy in these fering an amendment which would au- the fields of medical and psychological countries. thorize continued funding for the suc- research will continue. Specifically, Since the end of Soviet hegemony in cessful program of medical research this funding encourages innovative en- Central and Eastern Europe, these conducted jointly by the Departments deavors in accordance with the five countries have strived to break free of Defense and Veterans Affairs. jointly established programs: the DOD– from the oppressive burden of State This important and cost-effective VA environmental epidemiology re- controlled economies and one party program began in 1987 and has been search center; research on psycho- governments with great success. I ap- funded at approximately $20 million logical diseases and post-traumatic plaud the advances which these nations per year every year since then. stress disorder; cardiovascular fitness; have made. This research partnership is built on research in prostate cancer and emerg- There are other nations which de- the concept of joint DOD-VA policy ing pathogens; and casualty care en- serve recognition for their enormous making, scientific review, and research hancement. accomplishments. While their suc- performance. Research efforts are tar- It is imperative for the health and cesses have been more recent, they geted at areas of mutual DOD-VA con- well-being of our veterans and active- nonetheless have demonstrated a com- cern such as mutations in microorga- duty military personnel that Congress mitment in a positive direction which nisms that become known pathogens continue to fund this important initia- should be acknowledged and encour- and are encountered by soldiers in for- tive by authorizing $15 million for the aged. Both Romania and Slovenia eign environments, trauma and wound DOD–VA Cooperative Research Pro- present a tremendous case for NATO healing, and stress-related chronic ill- gram. This is the least that we can do enlargement. While the administration July 11, 1997 CONGRESSIONAL RECORD — SENATE S7275 has determined not to pursue their ac- to oust Ion Iliescu in favor of AMENDMENT NO. 818 cession at this time, I believe that Constantinescu, they rejected state so- (Purpose: To provide for research, develop- these nations have made significant cialism, stagnant economies, corrupt ment, test, and evaluation of Multitech- strides which certainly recommend government practices in search of a re- nology Integration in Mixed-Mode Elec- them for NATO membership in the vitalized economy, a new political tronics) near term. openness and reconciliation, and a pro- On page 46, between lines 6 and 7, insert the following: The Senate has supported the con- western posture. With Constantinescu cept of expanding NATO for those they got a reform-committed President SEC. 220. MULTITECHNOLOGY INTEGRATION IN emerging democracies of Central and MIXED-MODE ELECTRONICS. and a parliament to match. The proc- (a) AMOUNT FOR PROGRAM.—Of the amount Eastern Europe, which have struggled ess of change in Romania is now firmly authorized to be appropriated under section and successfully shaken the yoke of in place. 201(4), $7,000,000 is available for Multitech- their former communist systems. In nology Integration in Mixed-Mode Elec- October 1996, Congress voted over- Romania’s new Government has ini- tronics. whelmingly by 81 to 16 to approve the tiated price liberalization and privat- (b) ADJUSTMENTS TO AUTHORIZATION OF AP- NATO Facilitation Act. This bill pro- ization. They are enacting laws to en- PROPRIATIONS.—(1) The amount authorized to vides valuable resources to assist these courage greater foreign investment, a be appropriated under section 201(4) is hereby nations in making essential changes to step which was desperately needed. The increased by $7,000,000. (2) The amount authorized to be appro- their defense structure in order to help President has been clear from the start that economic reform would be dif- priated under section 101(5) and available for prepare them for NATO membership. special equipment for user testing is reduced Last month in the State Department ficult but the Romanian people have by $7,000,000. continued to support his policies. The bill, the Senate included Romania, the Mr. FAIRCLOTH. Mr. President, this international financial institution’s Baltics, and Bulgaria as eligible for amendment authorizes appropriations this assistance. This positive step re- recognize Romania’s positive of $7,000,000 for a project called multi- flects the progress in democracy-build- ecomomic steps and have reward them technology integration in mixed-mode ing and economic development being accordingly. In April the International electronics. It is a project that will undertaken in these nations. I believe Monetary Fund announced a loan of help give the United States a military that more needs to be done to encour- $430 million to Romania and the World advantage over our potential adversar- age these new democracies along the Bank loans of up to $530 million. ies because it will support the develop- positive path they are following. They In addition, Romania has put aside ment of technologies far superior to need firm commitments and a clear un- historic differences with its neighbors. the off-the-shelf technologies that are derstanding that NATO is not off lim- They have produced political agree- becoming available to all nations on its to them. The amendment I am proposing, ments with Hungary and Ukraine to the global markets. As technologies are developed and along with Senator BREAUX, Senator reconcile border disputes and resolve commercialized, they become more BROWNBACK, and Senator GORDON ethnic tensions. Indeed, President, standardized, mass produced, and wide- SMITH, is a sense of Senate that NATO Constantinescu has showed a tremen- strongly signal other Central and East- dous effort to reach out to the Hungar- ly available. We need to move beyond ern European nations that enlargement ian ethnic minorities in Romania by this cycle and find unique ways to inte- process will not end with these first bringing Hungarians into the govern- grate technologies into products that three nations. The communique´ from ment. offer superior performance and are not available off-the-shelf. the NATO Madrid Summit states that: As a military alliance, NATO needs This appropriation increase is offset The Alliance expects to extend further in- to take seriously the commitment of by a reduction in the Army’s procure- vitations in coming years to nations willing prospective members to contribute to ment appropriation for purchasing spe- and able to assume the responsibilities and NATO’s collective security. Romania cial equipment for user testing. obligations of membership, and as NATO de- has also shown the commitment needed termines that inclusion of these nations I urge my colleagues to support this would serve the overall political and strate- to bring its military to modern stand- amendment. ards. They have expressed a willingness gic interests of the Alliance and that the in- AMENDMENT NO. 819 clusion would enhance overall European se- to take on the responsibilities and (Purpose: To authorize a multiyear contract curity and stability. costs associated with NATO member- for the Family of Medium Tactical Vehi- There should be invitations extended ship. Romania was the first nation to cles (FMTV)) to other nations that meet the criteria join the Partnership for Peace program At the end of subtitle B of title I, add the for membership at the NATO summit and have participated in missions in following: associated with the 50th anniversary of Bosnia and Albania as well as other SEC. 113. MULTIYEAR PROCUREMENT AUTHOR- the North Atlantic Treaty in April peacekeeping missions. They under- ITY FOR FAMILY OF MEDIUM TAC- 1999. It is important for the United stand that NATO is not a one-way se- TICAL VEHICLES. States and NATO to continue to clear- curity arrangement. Romania fully in- Beginning with the fiscal year 1998 pro- ly demonstrate the intention to con- tends to contribute effectively to the gram year, the Secretary of the Army may, in accoredance with section 2306b of title 10, tinue to enlarge NATO based on the security and stability of the alliance. United States Code, enter into a multiyear progress of these emerging democ- They are already increasing their de- procurement contract for the procurement of racies. By so doing, NATO sends an un- fense budget and their military is firm- vehicles of the Family of Medium Tactical mistakable message to other central ly under civilian control. They are in- Vehicles. The contract may be for a term of European countries that they will have corporating new training procedures to our years and include an option to extend an opportunity to become a part of conform with NATO standards. In addi- the contract for one additional year. NATO as they continue to strengthen tion, Romania is well on its way to Mr. THURMOND. Mr. President, this democratic institutions, pursue free meeting the considerable interoper- amendment would authorize the Sec- market economies, and modernize ability objectives established by NATO. retary of the Army to enter into a their military in support of NATO ob- multiyear procurement contract for I believe also that Romania’s geo- jectives. the family of medium tactical vehicles graphical location would serve NATO’s I believe that Romania presents a [FMTV]. This authority is significant strategic considerations as well. Roma- particularly strong case for future for the following reasons: nia’s membership would be an impor- membership. Last November, the peo- First, the Army fleet of aging trucks, ple of Romania voted overwhelmingly tant asset in strengthening NATO’s the backbone for our premier land to elect Emil Constantinescu as their southern flank and provide a key force, has reached the end of its useful new President. His election dem- geostrategic position at the Black Sea. life and new trucks are required to sup- onstrated that Romanians wanted to Mr. President, I urge adoption of this port the heavy demand we place on firmly put the communist era—which amendment as a commitment to con- these vehicles. had dominated Romania’s Government tinue the process of a NATO enlarge- Second, the Army will complete ac- and economy—behind them. In voting ment. quisition of the first round of new S7276 CONGRESSIONAL RECORD — SENATE July 11, 1997 FMTV trucks through an existing SEC. 132. ALR RADAR WARNING RECEIVERS. prove our ability to control access to multiyear in 1998. The soldiers in the (a) COST AND OPERATION EFFECTIVENESS critical facilities and at our borders. I field love these new trucks. They are ANALYSIS.—The Secretary of the Air Force am glad to cosponsor this amendment. reliable, capable, and are easily main- shall conduct a cost and operation effective- Mr. KENNEDY. I would like to thank ness analysis of upgrading the ALR69 radar tained. We must continue to field these warning receiver as compared with the fur- the Senator from New Hampshire for trucks to our soldiers as quickly as ther acquisition of the ALR56M radar warn- his support of this important funding. possible. ing receiver. The technology is inexpensive, well-un- Third, the multiyear authority will (b) SUBMISSION TO CONGRESS.—The Sec- derstood, and uses off-the-shelf-equip- be exercised within the current budget retary shall submit the cost and operation ment. The Defense Department, the and will result in 9.5 percent savings effectiveness analysis to the congressional Federal Aviation Administration, and over the life of the multiyear or $122.3 defense committees not later than April 2, the Department of Justice have all ac- million. This means that the Army will 1998. knowledged the potential benefit of be able to field more trucks than would Eigenface identification systems for AMENDMENT NO. 821 otherwise be possible with current their security needs. I am grateful for budget constraints. (Purpose: To provide $5,000,000 for a facial recognition technology program) your support of the important provi- Mr. President, I strongly support the sion. fielding of these trucks and believe On page 46, between lines 6 and 7, insert I also want to mention that the the following: that this multiyear will make the best source of the offset for this funding in- SEC. 220. FACIAL RECOGNITION TECHNOLOGY use of available resources and will help PROGRAM. crease is $5 million provided for travel our soldiers. I strongly urge my col- (a) AVAILABILITY OF FUNDS.—(1) Notwith- and transportation of personnel in the leagues to support the amendment. standing any other provision of this Act, the Army’s Research, Development, Test, I ask unanimous consent a descrip- amount authorized to be appropriated by and Evaluation account. This reduc- tion of the background on the FMTV section 201(4) is hereby increased by tion brings the account down to the be printed in the RECORD. $5,000,000. same level provided in fiscal year 1997. There being no objection, the mate- (2) Funds available under the section re- All of the other services have requested rial was ordered to be printed in the ferred to in paragraph (1) as a result of the and been provided the same level of RECORD, as follows: increase in the authorization of appropria- tions made by that paragraph may be avail- funding for this function in fiscal year FAMILY OF MEDIUM TACTICAL VEHICLES able for a facial recognition technology pro- 1998 as they were provided in fiscal [FMTV] MULTI-YEAR gram. The Secretary shall use competition year 1997. Sponsor: Senator Thurmond. procedures in selecting participants for the Mr. THURMOND. Mr. President, I be- Amendment: Add a provision authorizing a program. lieve that this amendment will help fill multiyear program for FMTV. (b) OFFSET.—Notwithstanding any other Background: The FMTV program has, after an important gap in our defense capa- provision of this Act, the amount authorized a somewhat rocky start, provided extremely bility. I support this additional $5 mil- to be appropriated by section 201(1) is hereby high quality medium trucks to replace the lion for facial recognition technology. decreased by $5,000,000. aging truck fleet throughout the Army. The Mr. LEVIN. I join Senators KENNEDY, old 2.5 ton and 5 ton trucks that one sees in Mr. KENNEDY. Mr. President, my SMITH, and THURMOND in their support pictures from the Vietnam era through some amendment would authorize an addi- of this innovative technology. It will present day operations are in many cases tional $5 million for the DOD’s have a dual role as an access control older than the soldiers driving them. The Counter-Terrorism Technical Support device and for protecting the United Army will conclude its first multiyear pro- Program, to fund the development of States from the ever-increasing threat gram for the FMTV in mid-1998 (fiscal year). facial recognition access control tech- To date, the Army has procured approxi- of terrorism. mately 10,000 of these new trucks out of a re- nology. FRAC technology is an innova- AMENDMENT NO. 822 quirement for 85,400. The committee did not tive means of positively identifying in- (Purpose: To require a report on the Joint recommend a multiyear provision for 1998 as dividuals, either singularly or in a Statement on Parameters on Future Re- the Army failed to adequately fund the pro- crowd, for a range of security purposes. ductions in Nuclear Forces issued at Hel- gram (with resources necessary to maintain The Eigenface method of facial rec- sinki in March 1997) production) and the follow-on assumption ognition is the core technology of a On page 306, between lines 4 and 5, insert that this failure does not demonstrate new system that quickly recognizes the following: steady fiscal support for this important piece and identifies a person by capturing his SEC. 1041. REPORT ON HELSINKI JOINT STATE- of equipment. MENT. Arguments to support a multiyear provi- or her face on a quickly scanning cam- era. This new biometric identification (A) REQUIREMENT.—Not later than March sion: Much needed truck that needs to be 31, 1998, the President shall submit to the fielded expeditiously to replace a very old method computes in each face a char- congressional defense committees a report and costly fleet. Soldiers love the new trucks acteristic set of component images, or on the Helsinki joint statement on future re- and they are performing well. Eigenfaces, which can be used to posi- ductions in nuclear forces. The report shall Any action that would reduce the cost of tively identify an individual. address the U.S. approach (including ver- this program must be considered favorably. ification implications) to implementing the The Army did request additional funding This rapid-scanning capability is su- Helsinki joint statement, in particular, as it on its ‘‘wish list’’ for the FMTV (thereby perior to traditional ID cards, author- relates to: lower aggregate levels of strategic demonstrating support and commitment to ization keypads, palm readers, and nuclear warheads; measures relating to the the program). most retinal scanners. Unlike conven- transparency of strategic nuclear warhead Authorizing a multiyear will result in a 9.5 tional systems, it can scan a crowd and inventories and the destruction of strategic percent cost savings (over the four year life pick out individual faces, rather than nuclear warheads; deactivation of strategic of the multiyear) or $122.3 million dollars. require individuals to position them- Arguments Against the Multiyear Provi- nuclear delivery vehicles; measures relating sion: The Army failed to adequately fund selves before a scanner. It is perfect for to nuclear long-range sea—launched cruise this program in 1998 and result would have use at airports, border crossings, or missiles and tactical nuclear systems; and is- been a break in production (2–4 months). wherever large numbers of people pass sues related to transparency in nuclear ma- [Note—The committee added $44 million to through for entry and time-consuming terials. resolve this problem] This does not dem- (b) DEFINITIONS.—In this section: identification procedures are not prac- (1) The term ‘‘Helsinki Joint Statement’’ onstrate support for funding required for a tical. This technology will support the means the agreements between the President program for which they request a multiyear counter-terrorism effort the Congress of the United States and the President of the authority. established last year, addressing one of Recommendation: Support the multiyear Russian Federation as contained in the Joint provision. the most pressing national security Statement on Parameters of Future Reduc- threats we face. tions in Nuclear Forces issued at Helsinki in AMENDMENT NO. 820 March 1997. (Purpose: To require the Secretary of the Air Mr. SMITH. I want to commend the Senator from Massachusetts for this (2) The term ‘‘START II Treaty’’ means Force to conduct a cost and operation ef- the Treaty Between the United States of fectiveness analysis regarding ALR radar very useful amendment. Facial rec- America and the Russian Federation on Fur- warning receivers) ognition is a critical tool in securing ther Reduction and Limitation on Strategic At the end of subtitle D of title I, add the sensitive areas and safeguarding mili- Offensive Arms, signed at Moscow on Janu- following: tary and civilian personnel. It will im- ary 3, 1993, including any protocols and July 11, 1997 CONGRESSIONAL RECORD — SENATE S7277 memoranda of understanding associated with notice to do so. None of these weapons (b) SENSE OF SENATE ON USE OF SAVINGS the treaty. are on bombers. The United States de- RESULTING FROM BASE CLOSURE PROCESS.—It Mr. DASCHLE. Mr. President, I want cided years ago that it no longer need- is the sense of the Senate that the savings lll to express my support for a very impor- ed to keep bombers on such a high identified in the report under section should be made available to the Department tant amendment offered by Senator alert status. However, we and the Rus- of Defense solely for purposes of moderniza- BINGAMAN, a key member of the Senate sians each maintain roughly 3,000 tion of new weapon systems (including re- Armed Services Committee. weapons on ballistic missiles ready to search, development, test, and evaluation re- The bill before us is a critical one. It go at the push of a button. With this lating to such modernization) and should be authorizes $269 billion for the military amendment, we hope the administra- used by the Department solely for such pur- activities of this country—everything tion will consider whether keeping poses. from the pay for the men and women such large numbers of weapons in such Ms. SNOWE. Mr. President, this who so capably serve this country to a high alert status remains in our na- amendment will address concerns that the aircraft, tanks and ships they oper- tional interest. As stated in a recent we have discussed here on the floor re- ate to the housing in which they re- editorial by Senator Nunn and Bruce garding the Base Realignment and Clo- side. This single bill provides for all of Blair, ‘‘It is time to rethink the un- sure [BRAC] process. this. The members of the committee thinkable. The United States and Rus- Before the Congress ever considers to are to be commended for their excel- sia should cast off the mental shackles authorize future BRAC commissions—a lent work. of deterrence and make our nuclear re- process which I strongly oppose, we Despite the numerous critical issues lationship more compatible with our should take a more detailed look at this bill does address, there is one cru- political relationship.’’ The authors go whether those elusive savings from in- cial area that the Senator from New on to state we can accomplish this by frastructure reductions will ever be Mexico and I think requires further at- first reducing the number of weapons achieved. That is what I accomplish by tention—the status of our efforts with we have poised to launch at a mo- the amendment which I offer today. the Russians to implement the START ment’s notice. This report would ad- Mr. President, I have consistently II agreement and, as importantly, de- dress this important question as well asked what has happened to savings sign meaningful and verifiable meas- as the other central elements con- from the past four BRAC actions. The ures to take us beyond the constraints tained in the Helsinki agreement. Pentagon estimated savings from the of START II. Mr. President, with this amendment, four previous base closing rounds to Mr. President, many in this body on we are asking the administration to ex- reach $57 billion over a 20-year period both sides of the aisle believe that re- amine the case made by Senator Nunn, with annualized savings of $5.6 billion ducing the number of existing nuclear Gen. Lee Butler, and many others. Al- per year starting in 2001. In its April weapons and controlling their spread though we are requesting just a study 1995 report, the GAO estimate for such to other countries represents the of this issue, it is a study that could savings projects the savings at less gravest challenge to our national secu- eventually lead us to a safer, more se- than half these numbers. GAO esti- rity. START II called for a limit of cure world. I believe this is the time, mates that the 20-year savings may be 3,500 deployed warheads by 2003. At the and this is the bill, for the Senate to $17.3 billion, with annual recurring sav- Helsinki summit earlier this year, express its desire to explore this ings possibly reaching $1.8 billion. Presidents Clinton and Yeltsin agreed course. Mr. President, GAO conducted fur- to reduce this ceiling to 2,000 to 2,500 AMENDMENT NO. 823 ther analysis and issued a following re- by the end of 2007. In addition, they (Purpose: To state the sense of the Senate port in a April 1996. In this report, GAO concurred on the need for exchanges of relating to the utilization of savings de- found that the total amount of actual information about total United States rived from the base closure process) savings that may be estimated from and Russian stockpiles of strategic On page 410, between lines 2 and 3, insert BRAC actions is uncertain for several warheads and about the elimination of the following: reasons. One of which is that DOD ac- excess warheads. Finally, they agreed SEC. 2832. SENSE OF SENATE ON UTILIZATION OF counting systems do not provide ade- to negotiate confidence-building SAVINGS DERIVED FROM BASE CLO- quate information or isolate their im- ‘‘transparency’’ arrangements such as SURE PROCESS. pact from that of other DOD initia- on-site inspections. (a) FINDINGS.—Congress makes the follow- tives. These are all worthwhile measures ing findings: Despite the fact that DOD has com- (1) Since 1988, the Department of Defense and, in this Senator’s opinion, very has conducted 4 rounds of closures and re- plied with legislative requirements for timely. The Pentagon has already indi- alignments of military installations in the submitting annual cost and savings es- cated it can protect this nation’s inter- United States, resulting in the closure of 97 timates, the GAO further states that ests and deter would-be aggressors with installations. the estimates’ usefulness is limited be- significantly fewer weapons than would (2) The cost of carrying out the closure or cause the estimates are not budget be permitted under START II. I agree realignment of installations covered by such quality, and that the inclusion of the with this assessment. Therefore, like rounds is estimated by the Secretary of De- estimates of reduced personnel costs by Presidents Clinton and Yeltsin, Sen- fense to be $23,000,000,000. all the services are not uniform and (3) The savings expected as a result of the ator BINGAMAN and I think it’s appro- closure or realignment of such installations further, the GAO determined that cer- priate to explore doing much more are estimated by the Secretary to be tain community assistance costs were than called for in START II. $10,300,000,000 through fiscal year 1996 and excluded. That is the purpose of our amend- $36,600,000,000 through 2001. In one example, GAO identified the ment. We ask the President to submit (4) In addition to such savings, the Sec- fact that DOD BRAC cost estimates ex- a report to Congress describing how the retary has estimated recurring savings as a cluded more than $781 million in eco- United States plans to implement the result of the closure or realignment of such nomic assistance to local communities Helsinki accords. The decisions installations of approximately $5,600,000,000 as well as other costs. annually. reached at Helsinki will have far- (5) The fiscal year 1997 budget request for Mr. President, in its December 1996 reaching implications for both the the Department assumes a savings of be- report, CBO stated that it was unable United States and Russia. We hope tween $2,000,000,000 and $3,000,000,000 as a re- to confirm or assess DOD’s estimates of that with this report, the administra- sult of the closure or realignment of such in- cost savings because the DOD is unable tion will analyze the consequences of stallations, which savings were to be dedi- to report actual spending and savings their announced path as well as de- cated to modernization of the Armed Forces. from BRAC actions. scribe any other additional approaches The savings assumed in the budget request So now Mr. President, we have the that merit further inquiry. were not realized. Pentagon, the GAO, and CBO with dif- Despite the fact that the cold war (6) The fiscal year 1998 budget request for fering estimates on what has actually the Department assumes a savings of ended nearly a decade ago, the United $5,000,000,000 as a result of the closure or re- happened and what is supposed to hap- States and the Russians still maintain alignment of such installations, which sav- pen as a result of the four previous thousands of nuclear weapons poised to ings are to be dedicated to modernization of BRAC rounds. There is no consensus on be launched within seconds of receiving the Armed Forces. the numbers—and that is a significant S7278 CONGRESSIONAL RECORD — SENATE July 11, 1997 problem. It seems everybody has a dif- Mr. President, I am offering this (c) COVERED TRANSACTIONS.—Subsection (b) ferent number on the issue, and there amendment so that the Congress will applies to the following transactions: are numerous inconsistencies on the send a very clear message to this ad- (1) The sale of heavy water at the Savan- nah River Site, South Carolina. estimates of what the savings are sup- ministration. The Congress recognizes (2) The sale of precious metals under the posed to be. And the Congress has been the limited resources that are avail- jurisdiction of the Environmental Manage- assured that starting in the year 2001, able to the Department of Defense, and ment Program. the savings may in fact be realized. I that we have to insure that these dol- (3) The lease of buildings and other facili- question that assurance Mr. President, lars are invested wisely. Not only so ties located at the Hanford Reservation, because I do not think we know what our military forces can meet the com- Washington and under the jurisdiction of the they will be. But what we do know Environmental Management Program. mitments of today, but also so our (4) The lease of buildings and other facili- now, is that any savings from the past military forces will be prepared to ties located at the Savannah River Site and four base closure rounds have yet to be meet the challenges of the 21st cen- under the jurisdiction of the Environmental realized. tury, and continued to be the most ca- Management Program. Mr. President, the intent of DOD to pable military force in the world. (5) The disposal of equipment and other streamline its infrastructure cost is Mr. President, we must send a very personal property located at the Rocky Flats not lost on us. We must recognize that clear message that the past base clo- Environmental Technology Site, Colorado the need to fill the projected $17 billion sure process which has been so dev- and under the jurisdiction of the Environ- gap between projected procurement mental Management Program. astating to many local communities (6) The disposal of materials at the Na- funding and the procurement funding will actually result in savings that can tional Electronics Recycling Center, Oak objective of $60 billion. Mr. President, be invested in our force modernization. Ridge, Tennessee and under the jurisdiction throughout this year’s DOD authoriza- Mr. President, that is what my of the Environmental Management Program. tion process, the Congress has heard amendment accomplishes, and I urge (d) AVAILABILITY OF AMOUNTS.—To the ex- testimony from the Secretary of De- my colleagues to support it. tent provided in advance in appropriations Acts, the Secretary may use amounts cred- fense, the Chairman of the Joint AMENDMENT NO. 824 ited to the defense Environmental Restora- Chiefs, the respective service chiefs (Purpose: To conform limits for Department tion and Waste Management account under of Energy General Plant Projects to rec- and service secretaries, and to a per- subsection (b)(3)(A) for any purposes for ommendations from the Department con- son, each has testified on the impor- which funds in that account are available. tance of modernizing our military tained in a Congressionally mandated re- (e) APPLICABILITY OF DISPOSAL AUTHOR- port on the subject) forces for the 21st century. But Mr. ITY.—Nothing in this section shall be con- President, that just is not happening. On page 425, line 12, strike ‘‘$2,000,000’’ and strued to limit the application of sections 202 Mr. President, the projections for na- insert ‘‘$5,000,000’’. and 203(j) of the Federal Property and Ad- On page 425, line 17, strike ‘‘$2,000,000’’ and ministrative Services Act of 1949 (40 U.S.C. tional defense outlays decrease 34.4 insert ‘‘$5,000,000’’. percent over the period from 1990 to 483 and 484(j)) to the disposal of equipment On page 429, line 6, strike ‘‘$2,000,000’’ and and other personal property covered by this 2002. We have all seen the downward insert ‘‘$5,000,000’’. section. pressure on defense spending. Yet the (f) ANNUAL REPORT.—Not later than Janu- AMENDMENT NO. 825 future years defense plan [FYDP] calls ary 31 each year, the Secretary shall submit for a 40-percent increase in the mili- (Purpose: To provide for a pilot program re- to the congressional defense committees a tary’s modernization budget within the lating to use of proceeds from the disposal report on the amounts credited by the Sec- confines of an overall defense budget or utilization of certain Department of En- retary under subsection (b)(3)(A) during the ergy assets for activities funded by the de- preceding fiscal year. that will more likely be flat at best. fense Environmental Restoration and We have seen procurement funding Waste Management account) AMENDMENT NO. 826 plummet from $54 billion in 1990 to to- On page 444, between lines 20 and 21, insert (Purpose: To require the Secretary of De- day’s level of just over $42 billion. the following: fense to assess and report on the Cuban The U.S. military has undergone a SEC. 3139. PILOT PROGRAM RELATING TO USE OF threat to United States national security) significant transformation in the post- PROCEEDS OF DISPOSAL OR UTILI- At the end of subtitle D of title X, add the ZATION OF CERTAIN DEPARTMENT cold-war period. Specifically, from 1989 following: to 1997, DOD reduced total active duty OF ENERGY ASSETS. (a) PURPOSE.—The purpose of this section SEC. 1041. ASSESSMENT OF THE CUBAN THREAT end strength by 32 percent, with fur- is encourage the Secretary of Energy to dis- TO UNITED STATES NATIONAL SECU- RITY. ther reductions to 36 percent by 2003 as pose of or otherwise utilize certain assets of (a) FINDINGS.—Congress makes the follow- a result of the QDR. After the comple- the Department of Energy by making avail- tion of four previous base closure ing findings: able to the Secretary the proceeds of such (1) The United States has been an avowed rounds, the world-wide base structure disposal or utilization for purposes of activi- enemy of Cuba for over 35 years, and Fidel will have been reduced by 26 percent, ties funded by the defense Environmental Castro has made hostility towards the Unit- Restoration and Waste Management ac- and domestic facilities will have been ed States a principal tenet of his domestic count. reduced by 21 percent. In more tangible and foreign policy. (b) CREDITING OF PROCEEDS.—(1) Notwith- (2) The ability of the United States as a numbers 97 of 495 major bases, as well standing section 3302 of title 31, United sovereign nation to respond to any Cuban as hundreds of smaller facilities and States Code, the Secretary may retain from provocation is directly related to the ability housing areas, and the realignment of the proceeds of the sale, lease, or disposal of of the United States to defend the people and many other bases and facilities has al- an asset under subsection (c) an amount territory of the United States against any equal to the cost of the sale, lease, or dis- ready been accomplished by this proc- Cuban attack. posal of the asset. The Secretary shall utilize ess. (3) In 1994, the Government of Cuba cal- amounts retained under this paragraph to However, we are chasing elusive in- lously encouraged a massive exodus of Cu- defray the cost of the sale, lease, or disposal. frastructure savings, and there is no (2) For purposes of paragraph (1), the cost bans, by boat and raft, toward the United straight line corollary between the size of a sale, lease, or disposal shall include— States. of our forces and the infrastructure re- (A) the cost of administering the sale, (4) Countless numbers of those Cubans lost quired to meet two nearly simulta- lease, or disposal; their lives on the high seas as a result of (B) the cost of recovering or preparing the those action of the Government of Cuba. neous major regional conflicts. DOD (5) The humanitarian response of the Unit- has even admitted to GAO investiga- asset concerned for the sale, lease, or dis- posal; and ed States to rescue, shelter, and provide tors that they do not have accounting (C) any other cost associated with the sale, emergency care to those Cubans, together systems in place to isolate the impact lease, or disposal. with the actions taken to absorb some 30,000 of specific initiatives, such as BRAC. (3) If after amounts from proceeds are re- of those Cubans into the United States, re- The amendment which I offer states tained under paragraph (1) a balance of the quired immeasurable efforts and expendi- that it is the sense of the Senate that proceeds remains, the Secretary shall— tures of hundreds of millions of dollars for the savings through previous BRAC ac- (A) credit to the defense Environmental the costs incurred by the United States and tions which are estimated by the De- Restoration and Waste Management account State and local governments in connection with those efforts. partment of Defense be made available an amount equal to 50 percent of the balance of the proceeds; and (6) On February 24, 1996, Cuban MiG air- to the Department solely for the pur- (B) cover over into the Treasury as mis- craft attacked and destroyed, in inter- pose of modernization of new weapons cellaneous receipts an amount equal to 50 national airspace, two unarmed civilian air- systems. percent of the balance of the proceeds. craft flying from the United States, and the July 11, 1997 CONGRESSIONAL RECORD — SENATE S7279 four persons in those unarmed civilian air- enter into an agreement with the local rede- that all audits, evaluations, other re- craft were killed. velopment authority for Red River Army views, and reports requested by Con- (7) Since the attack, the Cuban govern- Depot, Texas, under which agreement the gress or required by law are complete ment has issued no apology for the attack, Secretary provides security services, fire nor has it indicated any intention to con- prior to the initiation of any audits, protection services, or hazardous material evaluations, other reviews, and reports form its conduct to international law that is response services for the authority with re- applicable to civilian aircraft operating in spect to the property at the depot that is that are not required by Congress. I international airspace. under the jurisdiction of the authority as a sponsored this provision because I be- (b) REVIEW AND REPORT.—Not later than result of the realignment of the depot under lieve it would make the GAO, a legisla- March 30, 1998, the Secretary of Defense shall the base closure laws. tive branch agency, far more respon- carry out a comprehensive review and assess- (2) The Secretary may not enter into the sive to the needs of the Congress. ment of Cuban military capabilities and the agreement unless the Secretary determines I understand there are a number of threats to the national security of the Unit- that the provision of services under the concerns regarding this provision. One ed States that are posed by Fidel Castro and agreement is in the best interests of the the Government of Cuba and submit a report concern is that this provision would ef- United States. fectively prevent the GAO from per- on the review to the Committee on Armed (3) The agreement shall provide for reim- Services of the Senate and the Committee on bursing the Secretary for the services pro- forming any valuable, self-initiated National Security of the House of Represent- vided by the Secretary under the agreement. jobs that could save billions of dollars. atives. The report shall contain— (b) TREATMENT OF REIMBURSEMENT.—Any I find this extremely hard to believe. (1) a discussion of the result of the review, amounts received by the Secretary under the With 535 Members of Congress, from including an assessment of the contingency agreement under subsection (a) shall be cred- different backgrounds and with varied plans; and ited to the appropriations providing funds (2) the Secretary’s assessment of the interests, it is hard to imagine a situa- for the services concerned. Amounts so cred- threats, including— tion where the GAO could not find a (A) such unconventional threats as— ited shall be merged with the appropriations congressional sponsor for an audit (i) encouragement of migration crises; and to which credited and shall be available for which would save billions of dollars. (ii) attacks on citizens and residents of the the purposes, and subject to the conditions Another concern is that this provi- United States while they are engaged in and limitations, for which such appropria- sion is not in the jurisdiction of the tions are available. peaceful protest in international waters or Armed Services Committee. Mr. Presi- airspace; (B) the potential for development and de- AMENDMENT NO. 829 dent, it is because the GAO continues livery of chemical or biological weapons; and (Purpose: To propose a substitute for section to perform a number of self-initiated (C) the potential for internal strife in Cuba 1040, relating to GAO reports) jobs relating to issues under the juris- that could involve citizens or residents of Strike out section 1040, and insert in lieu diction of the Armed Services Commit- the United States or the Armed Forces of the thereof the following: tee, while the requests of committee United States. members are either canceled or remain (c) CONSULTATION ON REVIEW AND ASSESS- SEC. 1040. ADDITIONAL MATTERS FOR ANNUAL REPORT ON ACTIVITIES OF THE unfinished, that the committee decided MENT.—In performing the review and prepar- GENERAL ACCOUNTING OFFICE. ing the assessment, the Secretary of Defense to take action. Section 719(b) of title 31, United States shall consult with the Chairman of the Joint A third concern questions the neces- Code, is amended by adding at the end the Chiefs of Staff, the Commander-in-Chief of sity of such a provision. We have been following: the United States Southern Command, and told that only 20 percent of the GAO’s ‘‘(3) The report under subsection (a) shall the heads of other appropriate agencies of also include a statement of the staff hours work is self-initiated. First of all, I the Federal Government. and estimated cost of work performed on au- have concerns regarding the GAO’s def- inition of what is self-initiated and AMENDMENT NO. 827 dits, evaluations, investigations, and related work during each of the three fiscal years what is requested by Congress. I under- (Purpose: To require a report on fire protec- preceding the fiscal year in which the report tion and hazardous materials protection at stand that if a staff member expresses is submitted, stated separately for each divi- Fort Meade, Maryland) some interest in an issue, an audit may sion of the General Accounting Office by cat- On page 306, between lines 4 and 5, insert be initiated as a request of the Senator egory as follows: for whom that staff member works. I the following: ‘‘(A) A category for work requested by the SEC. 1041. FIRE PROTECTION AND HAZARDOUS chairman of a committee of Congress, the personally believe a signed request let- MATERIALS PROTECTION AT FORT chairman of a subcommittee of such a com- ter from a Member of Congress should MEADE, MARYLAND. mittee, or any other member of Congress. be required before an audit can be con- (a) PLAN.—Not later than 120 days after the ‘‘(B) A category for work required by law sidered a congressional request. Fur- date of enactment of this Act, the Secretary to be performed by the Comptroller General. of the Army shall submit to the congres- thermore, I have concerns that these ‘‘(C) A category for work initiated by the sional defense committees a plan to address numbers do not provide a complete pic- Comptroller General in the performance of the requirements for fire protection services ture. Although only 20 percent of the Comptroller General’s general respon- and hazardous materials protection services GAO’s total workload may be self-initi- sibilities.’’. at Fort Meade, Maryland, including the Na- ated, a far larger percentage of the tional Security Agency at Fort Meade, as Mr. MCCAIN. Mr. President, I am of- work within a particular division may identified in the preparedness evaluation re- fering an amendment to delete section be self-initiated. For example, I under- port of the Army Corps of Engineers on Fort 1040 from the bill and replace it with an stand that as of June 16, 1997, 50 per- Meade. annual reporting requirement. cent of the work being performed by (b) ELEMENTS.—The plan shall include the Let me take just a moment to ex- following: the National Security and Inter- (1) A schedule for the implementation of press my concerns with some activities national Affairs Division was self-initi- the plan. of the General Accounting Office over ated. (2) A detailed list of funding options avail- the years. Starting with the Persian I am also troubled by what appears able to provide centrally located, modern fa- Gulf war, when the GAO sent auditors to be the pursuit of personal agendas cilities and equipment to meet current re- to the battlefield to inspect Apache by GAO personnel that permeates quirements for fire protection services and helicopters, I have been concerned much of their work. Many of GAO’s re- hazardous materials protection services at about the GAO’s self-initiated activi- Fort Meade. ports provide only one side of a story ties, particularly in the areas under AMENDMENT NO. 828 rather than the whole picture. Just as the jurisdiction of the Armed Services (Purpose: To authorize the Secretary of the we require witnesses in a court of law Army to enter into an agreement to pro- Committee. In the past several years, to tell the truth, the whole truth, and vide police, fire protection, and other serv- the GAO has undertaken increasing nothing but the truth, we should re- ices at property formerly associated with numbers of self-initiated audits while quire no less from the GAO. If we in Red River Army Depot, Texas) relegating congressionally mandated Congress take the work of the GAO se- On page 347, between lines 15 and 16, insert activities to a lower priority. riously, and use it in our efforts to the following: Because of this inappropriate make well-informed decisions that SEC. 1075. SECURITY, FIRE PROTECTION, AND prioritization, the committee included serve the best interests of the Amer- OTHER SERVICES AT PROPERTY a provision in the fiscal year 1998 De- ican taxpayer, than GAO should be ex- FORMERLY ASSOCIATED WITH RED RIVER ARMY DEPOT, TEXAS. fense authorization bill that would re- pected to provide the entire picture (a) AUTHORITY TO ENTER INTO AGREE- quire the Comptroller General of the rather than one side that serves the in- MENT.—(1) The Secretary of the Army may United States to certify to Congress terests of a specific group. S7280 CONGRESSIONAL RECORD — SENATE July 11, 1997 Mr. President, despite my concerns ‘‘(d) MORATORIUM.—(1) Subject to para- dreds and sometimes thousands of and the GAO’s demonstrated lack of re- graph (2), upon notification with respect to miles, at considerable cost to the tax- sponsiveness, I have decided to amend an administrative action or proposed admin- payers, were unable to conduct these my original language at the personal istrative action under subsection (a), the ad- critical training and readiness mis- ministrative action or proposed administra- request of Senators THOMPSON and tive action shall cease to be effective with sions. GLENN. As the chair and ranking mem- respect to the Department of Defense until The purpose of the original language ber of the Governmental Affairs Com- the earlier of— offered in committee, would have al- mittee, I am sure that they will do all ‘‘(A) the end of the five-day period begin- lowed the Secretary of Defense to im- they can to ensure that the work of the ning on the date of the notification; or pose a 30-day moratorium on the appli- GAO is more responsive and complete. ‘‘(B) the date of an agreement between the cation of administrative or enforce- However, if for some reason the GAO head of the Executive agency concerned and ment actions that could have a signifi- continues to demonstrate a disregard the Secretary as a result of the consulta- cant adverse effect on military readi- tions under subsection (c). ness or training activities. Although for the needs of the Congress, I intend ‘‘(2) Paragraph (1) shall not apply with re- to reintroduce the original language spect to an administrative action or pro- appreciating the justification for the and rein in the rogue activities of the posed administrative action if the head of language, there were some, including GAO. the Executive agency concerned determines Senator CHAFEE, who were concerned AMENDMENT NO. 830 that the delay in enforcement of the admin- about the impact that this language (Purpose: To propose a substitute to section istrative action or proposed administrative would have on existing public welfare, 363) action will pose an actual threat of an immi- safety, and environmental statutes. In nent and substantial endangerment to public In lieu of the matter proposed to be strick- order to address this concern, Senator health or the environment. en, insert the following: CHAFEE and I, along with members of ‘‘(e) EFFECT OF LACK OF AGREEMENT.—(1) In SEC. 363. ADMINISTRATIVE ACTIONS ADVERSELY the event the head of an Executive agency the Armed Services Committee were AFFECTING MILITARY TRAINING OR and the Secretary do not enter into an agree- able to fashion the compromise lan- OTHER READINESS ACTIVITIES. ment under subsection (c)(2), the Secretary guage that we are offering today, that (a) CONGRESSIONAL NOTIFICATION.—Chapter will strike the proper balance in these 101 of title 10, United States Code, is amend- shall submit a written notification to the ed by adding at the end the following: President who shall take final action on the situations. matter. Under this language, if the Secretary ‘‘§ 2014. administrative actions adversely af- ‘‘(2) Not later than 30 days after the date of Defense discovers that an official of fecting military training or other readiness on which the President takes final action on activities an Executive agency is proposing to a matter under paragraph (1), the President take, or has taken an administration ‘‘(a) CONGRESSIONAL NOTIFICATION.—When- shall submit to the committees referred to in ever an official of an Executive agency takes subsection (a) a notification of the action. action that will result in a significant or proposes to take an administrative action ‘‘(f) LIMITATION ON DELEGATION OF AUTHOR- adverse effect on the training or readi- that, as determined by the Secretary of De- ITY.—The head of an Executive agency may ness activities of the armed forces, the fense in consultation with the Chairman of not delegate any responsibility under this Secretary shall submit a written noti- the Joint Chiefs of Staff, affects training or section. fication to the head of that agency, any other readiness activity in manner that ‘‘(g) DEFINITION.—In this section, the term which will trigger a mandatory con- has or would have a significant adverse ef- ‘Executive agency’ has the meaning given sultation between those two officials. fect on the military readiness of any of the such term in section 105 of title 5 other than armed forces or a critical component there- the General Accounting Office.’’. In addition, the Secretary’s notifica- of, the Secretary shall submit a written noti- (b) CLERICAL AMENDMENT.—The table of tion will trigger an immediate morato- fication of the action and each significant sections of the beginning of such chapter is rium on the application of the adminis- adverse effect to the head of the Executive amended by adding at the end the following: trative action until 5 days after the no- agency taking or proposing to take the ad- ‘‘2014. Administrative actions adversely af- tification, or until the head of the Ex- ministrative action and to the Committee on fecting military training or ecutive agency and the Secretary are Armed Services of the Senate and the Com- other readiness activities.’’. able to agree on an appropriate course mittee on National Security of the House of Representatives and, at the same time the Mr. SMITH of New Hampshire. Mr. of action, whichever is sooner. If the shall transmit a copy of the notification to President, as a cosponsor of the amend- two officials are unable to agree on a the President. ment offered by Senator CHAFEE, I course of action, then the ultimate de- ‘‘(b) NOTIFICATION TO BE PROMPT.—(1) Sub- would like to explain why I believe cision will be elevated to the Presi- ject to paragraph (2), the Secretary shall that this amendment not only protects dent. submit a written notification of an adminis- public health and the environment, but One significant concern over the trative action or proposed administrative ac- will also ensure that we will maintain committee reported language was that tion required by subsection (a) as soon as the a 30-day moratorium was too stringent Secretary becomes aware of the action or a strong national defense. proposed action. As my colleagues on the Armed Serv- and could frustrate efforts to avoid im- ‘‘(2) The Secretary shall prescribe policies ices Committee are aware, the original mediate, actual, and irreparable dam- and procedures to ensure that the Secretary motivation of section 363 of the Na- age to human health and the environ- receives information on an administrative tional Defense Authorization Act, as ment. Subsection (D)(2) of this amend- action or proposed administrative action de- reported, grew out of a series of execu- ment provides that the head of the Ex- scribed in subsdoes ection (a) promptly after tive agency actions in the various re- ecutive agency can waive the morato- Department of Defense personnel receive no- gions of the country that needlessly rium if a determination is made that tice of such an action or proposed the delay in the administrative action actio.action limited or stopped ongoing training ac- ‘‘(c) CONSULTATION BETWEEN SECRETARY tivities. In those instances, long-sched- or proposed administrative action will AND HEAD OF EXECUTIVE AGENCY.—Upon noti- uled training and readiness efforts of pose an actual threat of imminent and fication with respect to an administrative active duty, reserve and national guard substantial endangerment to public action or proposed administrative action forces were stopped in their tracks, be- health and the environment. This lan- under subsection (a), the head of the Execu- cause of the rash and unjustified ac- guage will not only strike an impor- tive agency concerned shall— tions of overzealous Federal bureau- tant balance between national defense ‘‘(1) respond promptly to the Secretary; and crats. and public welfare concerns, but it will ‘‘(2) consistent with the urgency of the Although the action taken by these also avoid a replication of past events training or readiness activity involved and low-level functionaries was within undertaken by low-level bureaucrats. If the provisions of law under which the admin- their powers, and met applicable public the military training activity will pose istrative action or proposed administrative safety, welfare, and environmental an actual threat of imminent and sub- action is being taken, seek to reach an statues, the timing and nature of the stantial endangerment to public health agreement with the Secretary on immediate actions taken were neither justified and the environment, that decision will actions to attain the objective of the admin- nor appropriate given the lack of ac- have to be taken by the head of the Ex- istrative action or proposed administrative action in a manner which eliminates or miti- tual and immediate implications to ecutive agency. We believe that actions gates the impacts of the administrative ac- human health and the environment. As such as this, which will have a signifi- tion or proposed administrative action upon a result of these highly unjustified ac- cant impact on our national security, the training or readiness activity. tions, troops who had to travel hun- should be taken by the top decision July 11, 1997 CONGRESSIONAL RECORD — SENATE S7281 maker at the agency, who is in a better Project 98–PVT–l, Ohio silo 3 waste treat- working with the chairman and rank- position to understand the full com- ment, Fernald, Ohio, $6,700,000. ing member to ensure these numbers plexities of this decision, rather than On page 423, line 19, strike out remain in the bill this Congress sends some low-level government employee. ‘‘$109,000,000’’ and insert in lieu thereof to the President. ‘‘$147,000,000.’’ I want to make one thing clear about Mr. GORTON. Mr. President, I want Mrs. MURRAY. Mr. President, last this waiver however. The head of the to express my strong support for this Monday I introduced an amendment Executive agency must meet a higher amendment offered by my colleague that could have helped ensure this bill threshold of use of this provision than from Washington State, Senator MUR- is not vetoed by President Clinton be- the tired and over-litigated test for the RAY, and me which would increase cause it violates the bipartisan budget words imminent and substantial. The budget authority for the Department of agreement. Today, we have reached use of the words ‘‘actual threat’’ Energy’s Environmental Management agreement on that amendment—but it doesn’t mean just a ‘‘possible threat’’ Program by $50 million. does not go nearly far enough. or a ‘‘potential threat.’’ Instead, it It is absolutely essential that the means that if the training or readiness Let me lay out what this defense au- thorization bill does in very large Senate provide as high a level of fund- activity is undertaken that it is ‘‘high- ing for the Department’s privatization ly likely’’ or ‘‘near certain’’ that there terms. This bill adds $5.1 billion to the Pentagon’s request. It does this by program as possible. Like Senator will be an actual threat to public MURRAY, I am particularly interested health and the environment. moving $2.4 billion from defense-relat- ed activities of the Energy Department in this program because of the tank We must protect public health and waste remediation system [TWRS] pri- the environment and we must ensure to the Defense Department—primarily in procurement and R&D. The two En- vatization program at Hanford. The our national defense. When these issues Hanford Nuclear Reservation houses come into conflict, we must take spe- ergy programs hardest hit are privat- ization of cleanup efforts and forward over 55 million gallons of hazardous nu- cial efforts to balance these issues. De- clear and chemical wastes in 177 under- cisions of this nature should be made funding of asset acquisition. My amendment sought to restore ground storage tanks located near the at the highest levels of our govern- Columbia River. The TWRS program ment, and because of this language, some of the privatization money be- cause we have a huge problem at the was established to manage, retrieve, they will. treat, and immobilize and dispose of I believe this is a very important Hanford Reservation that could be solved with this new funding. We have these wastes in a safe and cost effective amendment, and I appreciate the sup- manner. port of my colleagues for its adoption. 177-million-gallon tanks filled with chemical and high-level radioactive Under the TWRS program, the con- AMENDMENT NO. 831 tractors are responsible for dem- (Purpose: To recognize the Center for Hemi- waste located near the Columbia River. The environmental devastation at Han- onstrating the technical and business spheric Defense Studies as an institution viability of using privatized facilities of the National Defense University) ford and other former defense nuclear sites is truly mind-numbing. We must to treat and immobilize Hanford tank At the end of title IX, add the following: wastes; define and maintain required SEC. 905. CENTER FOR HEMISPHERIC DEFENSE clean up the mess we have made. Pri- STUDIES. vatization offers us an opportunity to levels of nuclear, radiological, and oc- (a) INSTITUTION OF THE NATIONAL DEFENSE do that and reduce costs and increase cupational safety; maintain environ- UNIVERSITY.—Subsection (a) of section 2165 efficiency. mental protection and compliance; and of title 10, United States Code, as added by My amendment sought to restore $300 reduce costs and remediation time. section 902, is amended by adding at the end million of the $1 billion the President Under the privatization program, a the following: sought in this one-time shot in the arm contractor can recover the resources it ‘‘(6) the Center for Hemispheric Defense has invested only through the delivery Studies.’’. of the environmental management pro- (b) CIVILIAN FACULTY MEMBERS.—Section gram. Instead, I was successful in se- of acceptable services paid for by the 1595 of title 10, United States Code, is amend- curing only $59.7 million, making the DOE on a fixed-unit-price basis. The ed by adding at the end the following: amount this bill funds only $274.7 mil- underlying intent is to transfer the pri- ‘‘(g) APPLICATION TO DIRECTOR AND DEPUTY lion. This is a tremendous shortfall and mary share of the financial, perform- DIRECTOR AT CENTER FOR HEMISPHERIC DE- could result in the Federal Government ance and operational responsibility for FENSE STUDIES.—In the case of the Center for missing legally enforceable cleanup the treatment effort from the govern- Hemispheric Defense Studies, this section ment to the private contractor. also applies with respect to the Director and milestones. the Deputy Director.’’. Mr. President, the House defense au- TWRS and similar privatization ef- thorization bill is even worse—funding forts if done correctly and with proper AMENDMENT NO. 832 the entire privatization program at oversight will allow for significant cost (Purpose: To authorize additional environ- only $70 million. Our Senate conferees savings and represent an opportunity mental restoration projects for the Depart- must insist we keep the entire amount to use private-sector means and inno- ment of Energy and to modify the amount we have in this bill. Senator GORTON vative technologies to accelerate authorized for certain other environmental and I have the commitment of Sen. cleanup. Without TWRS privatization, restoration projects of the Department) THURMOND that the conferees will do it is unlikely we can meet the long- On page 18, between lines 15 and 16, insert that. term cleanup compliance milestones at the following: On the appropriations front, I was Hanford. If TWRS privatization is not SEC. 110. REDUCTION IN AUTHORIZATIONS OF APPROPRIATIONS. able to secure an extra $43 million yes- pursued, the project will need to be Notwithstanding any other provision of terday in the Senate energy and water funded from the base environmental this Act, the aggregate amount of funds development appropriations bill. The management account which will neces- available for Department of Defense. Army privatization account increased from sitate cuts elsewhere in the DOE clean- procurement Advisory & Assistance Services $300 million to $343 million. Again, the up program—not only at Hanford but shall be reduced by $30,000,000. House is rumored to be far, far lower— at sites throughout the country. On page 415, line 11, strike out and the appropriation’s conferees will In order for the privatization concept ‘‘$1,748,073,000’’ and insert in lieu thereof ‘‘$1,741,373,000.’’ have a difficult job ahead to keep even to work, enough funds must be pro- On page 417, line 16, strike out these greatly diminished funds. vided in budget authority to send the ‘‘$252,881,000’’ and insert in lieu thereof We made a huge mess at Hanford appropriate signal to Wall Street and ‘‘$237,881,000’’. while we were fighting and winning the the investment community that Con- On page 423, line 7, strike out ‘‘$215,000,000’’ cold war. Now we must pay the debt gress is committed to this project. and insert in lieu thereof ‘‘$264,700,000’’. the federal government owes to these Funding TWRS at a level as close to On page 423, line 10, strike out ‘‘$29,000,000’’ cold warrior communities. And this bill the President’s budget request is vi- and insert in lieu thereof ‘‘$21,000,000’’. On page 423, between lines 17 and 18, insert takes a small step—but just doesn’t do tally important to the success of this the following: the job. However, I do want to thank program. Increasing funding for this Project 98–PVT–l, waste disposal, Oak the committee for accepting my program by $50 million would bring Ridge, Tennessee, $5,000,000. amendment and I look forward to total funding for privatization to $265 S7282 CONGRESSIONAL RECORD — SENATE July 11, 1997 million—the same figure that we ap- the procurement of items under a con- year a report on the aircraft in the inventory propriated on the Appropriations Com- tract that are entered into before the of the Department of Defense. The Under mittee yesterday. I urge support for date of enactment if those option Secretary shall submit the report when the this amendment. prices are adjusted for any other rea- President submits the budgets to Congress under section 1105(a) of title 31. AMENDMENT NO. 833 son. ‘‘(b) CONTENT.—The report shall set forth, (Purpose: To authorize the Secretary of De- I have spoken of this issue before in in accordance with subsection (c), the follow- fense to grant a blanket waiver of the ap- this Chamber and the potential impact ing information: plicability of certain domestic source re- on our bilateral trade relations with ‘‘(1) The total number of aircraft in the in- quirements to foreign country so as not to our allies because of our policy toward ventory. impede cooperative projects or reciprocal ‘‘Buy America’’. From a philosophical ‘‘(2) The total number of the aircraft in the inventory that are active, stated in the fol- procurements of defense items with such point of view, I oppose these type of country) lowing categories (with appropriate subcat- protectionist trade policies because I egories for mission aircraft, dedicated test At the end of subtitle A of title VIII, add believe free trade is an important com- the following: aircraft, and other aircraft): ponent of improved relations among all ‘‘(A) Primary aircraft. SEC. 809. BLANKET WAIVER OF CERTAIN DOMES- ‘‘(B) Backup aircraft. TIC SOURCE REQUIREMENTS FOR nations and a key to major U.S. eco- ‘‘(C) Attrition and reconstitution reserve FOREIGN COUNTRIES WITH CER- nomic growth. TAIN COOPERATIVE OR RECIP- From a practical standpoint, adher- aircraft. ‘‘(3) The total number of the aircraft in the ROCAL RELATIONSHIPS WITH THE ence to ‘‘Buy America’’ restrictions se- UNITED STATES. inventory that are inactive, stated in the fol- (a) AUTHORITY.—(1) Section 2534 of title 10, riously impairs our ability to compete lowing categories: United States Code, is amended by adding at freely in international markets for the ‘‘(A) Bailment aircraft. the end the following: best price on needed military equip- ‘‘(B) Drone aircraft. ‘‘(i) WAVIER GENERALLY APPLICABLE TO A ment and could also result in a loss of ‘‘(C) Aircraft for sale or other transfer to COUNTRY.—The Secretary of Defense shall existing business from long-standing foreign governments. ‘‘(D) Leased or loaned aircraft. waive the limitation in subsection (a) with international trading partners. While I respect to a foreign country generally if the ‘‘(E) Aircraft for maintenance training. fully understand the arguments by ‘‘(F) Aircraft for reclamation. Secretary determines that the application of some to maintain certain critical in- ‘‘(G) Aircraft in storage. the limitation with respect to that country ‘‘(4) The aircraft inventory requirements would impede cooperative programs entered dustrial base capabilities, I find no rea- son to support domestic source restric- approved by the Joint Chiefs of Staff. into between the Department of Defense and ‘‘(c) DISPLAY OF INFORMATION.—The report the foreign country, or would impede the re- tions for products which are widely shall specify the information required by ciprocal procurement of defense items en- available from many U.S. companies, subsection (b) separately for the active com- tered into under section 2531 of this title, that is, pumps produced by no less than ponent of each armed force and for each re- and the country does not discriminate 25 U.S. companies. I believe that com- serve component of each armed force and, against defense items produced in the United petition and open markets among our within the information set forth for each States to a greater degree than the United allies on a reciprocal basis provide the such component, shall specify the informa- States discriminates against defense items tion separately for each type, model, and se- produced in that country.’’. best equipment at the best price for U.S. and allied militaries alike. ries of aircraft provided for in the future- (2) The amendment made by paragraph (1) years defense program submitted to Con- shall apply with respect to— There are many examples of trade gress.’’. (A) contracts entered into on or after the imbalances resulting from unnecessary ‘‘(2) The table of sections at the beginning date of the enactment of this Act; and ‘‘Buy America’’ restrictions. Let me of such chapter is amended by adding at the (B) options for the procurement of items cite one case in point. Between 1991 and end the following: that are exercised after such date under con- 1994, the Netherlands purchased $508 tracts that are entered into before such date ‘‘483. Report on aircraft inventory.’’. if those option prices are adjusted for any million in defense equipment from U.S. ‘‘(b) FIRST REPORT.—The Under Secretary reason other than the application of a waiver companies, including air-refueling of Defense (Comptroller) shall submit the granted under subsection (i) of section 2534 of planes, Chinook helicopters, Apache first report under section 483 of title 10, title 10, United States Code (as added by helicopters, F–16 fighter equipment, United States Code (as added by subsection paragraph (1)). missiles, combat radios, and training (a)), not later than January 30, 1998. (b) CONFORMING AMENDMENT.—The heading equipment. During the same period, ‘‘(c) MODIFICATION OF BUDGET DATA EXHIB- of subsection (d) of such section is amended ITS.—The Under Secretary of Defense (Comp- the United States purchased only $40 troller) shall ensure that aircraft budget by inserting ‘‘FOR PARTICULAR PROCURE- million of Dutch-made military equip- MENTS’’ after ‘‘WAIVER AUTHORITY’’. data exhibits of the Department of Defense ment. In recent meetings, the Defense that are submitted to Congress display total Mr. McCAIN. Mr. President, I offer Ministers of the United Kingdom and numbers of active aircraft where numbers of this amendment because of the Depart- Sweden have apprised me of similar primary aircraft or primary authorized air- ment of the Navy’s narrow interpreta- situations. In every meeting, they tell craft are displayed in those exhibits. tion of the Department of Defense’s me how difficult it is becoming to per- AMENDMENT NO. 835 April 1997 ‘‘Determination and Waiver’’ suade their Governments to buy Amer- which was a first step for the Depart- ican defense products, because of our (Purpose: To require the Secretary of De- ment in breaking down unproductive fense to prescribe regulations restricting protectionist policies and the growing the quantity of alcoholic beverages that is and egregious barriers for free trade. ‘‘Buy European’’ sentiment. This is a simple and straight-forward available through Department of Defense Mr. President, it is my sincere hope sources for the use of Department of De- amendment which waives certain de- that this amendment will end once and fense personnel overseas) fense items with respect to a foreign for all the anticompetitive, antifree At the end of subtitle E of title X, add the country if the Secretary of Defense de- trade practices that encumber our Gov- following: termines that country would impede ernment. SEC. 1075. RESTRICTIONS ON QUANTITIES OF AL- cooperative programs entered into the COHOLIC BEVERAGES AVAILABLE AMENDMENT NO. 834 foreign country and the Department of FOR PERSONNEL OVERSEAS Defense. Additionally, it would waive (Purpose: To convert the one-time report on THROUGH DEPARTMENT OF DE- aircraft inventory to an annual report) FENSE SOURCES. protectionist practices if it is deter- (a) REGULATIONS REQUIRED.—The Secretary mined it would impede the reciprocal Strike out section 1037, and insert in lieu thereof the following: of Defense shall prescribe regulations relates procurement of defense items in that SEC. 1037. REPORT ON AIRCRAFT INVENTORY. to the quantity of alcoholic beverages that is foreign country and that foreign coun- available outside the United States through (A) REQUIREMENT.—(1) Chapter 23 of title Department of Defense sources including try does not discriminate against de- 10, United States Code, is amended by adding nonappropriated fund instrumentalities fense items produced in the United at the end the following: under the Department of Defense, for the use States to a greater degree than the § 483. Report on aircraft inventory United States discriminates against de- of a member of the Armed Forces, an em- ‘‘(a) ANNUAL REPORT.—The Under Sec- ployee of the Department of Defense, and de- fense items in that country. This retary of Defense (Comptroller) shall submit pendents of such personnel. amendment would apply to all con- to the Committee on Armed Services of the (b) APPLICABLE STANDARD.—Each quantity tracts entered into on or after the date Senate and the Committee on National Secu- prescribed by the Secretary shall be a quan- of enactment, including any option for rity of the House of Representatives each tity that is consistent with the prevention of July 11, 1997 CONGRESSIONAL RECORD — SENATE S7283 illegal resale or other illegal disposition of who have cosponsored this amendment, There is a sufficient second. alcoholic beverages overseas and such regu- who also represent major facilities con- The yeas and nays were ordered. lation shall be accompanied with elimi- stituting an important part of our de- The PRESIDING OFFICER. The bill nation of barriers to export of U.S. made fense industrial base, I would like to having been read the third time, the beverages currently placed by other coun- tries. know more about how the tariff question is: Shall the bill pass? The changes underway will affect defense yeas and nays have been ordered. The AMENDMENT NO. 836 preparedness. No doubt, the estimated clerk will call the roll. SEC. . REPORT TO CONGRESS ASSESSING DE- 20,000 people working in the passive PENDENCE ON FOREIGN SOURCES The assistant legislative clerk called FOR CERTAIN RESISTORS AND CA- electronics industry would also appre- the roll. PACITORS. ciate having the benefit of this infor- Mr. FORD. I announce that the Sen- (a) REPORT REQUIRED.—Not later than May mation. ator from Maryland [Ms. MIKULSKI] and 1, 1998, the Secretary of Defense shall submit I would like to express my apprecia- the Senator from West Virginia [Mr. to Congress a report— tion to the distinguished manager of ROCKEFELLER] are necessarily absent. (1) assessing the level of dependence on for- the bill, Senator THURMOND, for work- eign sources for procurement of certain re- The result was announced—yeas 94, sistors and capacitors and projecting the ing with me and my colleagues on this nays 4, as follows: level of such dependence that is likely to ob- issue. I know that he shares our inter- [Rollcall Vote No. 173 Leg.] tain after the implementation of relevant est in bringing to light facts necessary YEAS—94 tariff reductions required by the Information for the Federal Government to make Abraham Enzi Lott Technology Agreement; and informed decisions about important as- Akaka Faircloth Lugar (2) recommending appropriate changes, if pects of our defense industrial base. Allard Feinstein Mack any, in defense procurement or other federal Mr. THURMOND. Mr. President, just Ashcroft Ford McCain policies on the basis of the national security before final action here, I want to take Baucus Frist McConnell Bennett Glenn Moseley-Braun implications of such actual or projected for- this opportunity to thank all the Re- eign dependence. Biden Gorton Moynihan Bingaman Graham Murkowski (b) DEFINITION.—For purposes of this sec- publicans and all the Democrats for the fine cooperation they have given Bond Gramm Murray tion, the term ‘‘certain resistors and capaci- Boxer Grams Nickles tors’’ shall mean— through the consideration of this bill. Breaux Grassley Reed (1) fixed resistors, The Congress can pass no more impor- Brownback Gregg Reid (2) wirewound resistors, tant bill than this defense authoriza- Bryan Hagel Robb (3) film resistors, tion legislation. It means our very pro- Bumpers Hatch Roberts Burns Helms Roth (4) solid tantalum capacitors, tection. It is important to the Nation (5) multi-layer ceramic capacitors, and Byrd Hollings Santorum and I am so pleased that we are able, Campbell Hutchinson Sarbanes (6) wet tantalum capacitors. now, to go forward and pass this bill Chafee Hutchison Sessions Mr. DASCHLE. Mr. President, I am promptly. Cleland Inhofe Shelby pleased to offer an amendment on be- Coats Inouye Smith (NH) Mr. President, I ask for third reading Cochran Jeffords Smith (OR) half of Senators BINGAMAN, HOLLINGS, of the bill. Collins Johnson Snowe HAGEL, and KERREY, and myself that Conrad Kempthorne Specter EN BLOC AMENDMENTS NOS. 753 AS MODIFIED, 607 would help clarify the implications of a Coverdell Kennedy Stevens AS MODIFIED, 605 AS MODIFIED, 762, 763, 772 Craig Kerrey Thomas recent trade agreement for an industry The PRESIDING OFFICER. The D’Amato Kerry Thompson of vital importance to our defense in- Chair understands that all the pending Daschle Kyl Thurmond dustrial base. The amendment would amendments were agreed to en bloc. DeWine Landrieu Torricelli direct the Pentagon to perform a study Dodd Lautenberg Warner Amendments Nos. 753 as modified, 607 Domenici Leahy Wyden assessing whether dependence on for- as modified, 605 as modified, 762, 763, Dorgan Levin eign sources for certain resistors and 772 were agreed to en bloc.) Durbin Lieberman capacitors is likely to increase to the The PRESIDING OFFICER. If there NAYS—4 point of raising national security con- be no further amendment to be pro- Feingold Kohl cerns as a result of the tariff reduc- posed, the question is on the engross- Harkin Wellstone tions scheduled to take effect pursuant ment and third reading of the bill. NOT VOTING—2 to the Information Technology Agree- The bill was ordered to be engrossed Mikulski Rockefeller ment (ITA). for a third reading and was read the The ITA was signed last December in third time. The bill (S. 936), as amended, was Singapore and will phase in zero-tariff The PRESIDING OFFICER. The Sen- passed. treatment for semiconductors, tele- ator from Michigan. [The text of S. 936, as amended and communications equipment, comput- Mr. LEVIN. Mr. President, I con- passed, can be found at the end of the ers, software, and other electronics gratulate Senator THURMOND and all Senate proceedings in today’s RECORD.] products in North America, the Euro- the Republican subcommittee chairs, Mr. THURMOND. Mr. President, I pean Union, Australia, Japan, and the Democrats on our side, ranking move to reconsider the vote. many other countries in the Asia-Pa- members, our staffs, and thank the rest Mr. LEVIN. I move to lay that mo- cific region. Domestic producers of re- of our colleagues for their understand- tion on the table. sistors and capacitors have expressed ing. The motion to lay on the table was concern to many Senators that the Mr. THURMOND. Mr. President, I agreed to. elimination of the 6 percent duty on re- wish to thank the able ranking mem- Mr. THURMOND addressed the Chair. sistors and 9.4 percent duty on capaci- ber, Senator LEVIN, for the fine job he The PRESIDING OFFICER. The Sen- tors would seriously undermine the vi- has done on this bill. I wish to thank ator from South Carolina. tality, and perhaps viability, of their also the subcommittee chairmen who Mr. THURMOND. Mr. President, I operations. The Pentagon is a major have done such a good job here, and all ask unanimous consent that S. 936, as purchaser of these products. For this others who have participated here and amended, be printed as passed. I fur- reason, the industry’s concerns war- helped us bring this bill to conclusion. ther ask unanimous consent that Sen- rant a more thorough investigation of Now, Mr. President, we have had ate Report No. 105–29, the report of the the implications of the tariff reduc- third reading of the bill, as I under- Committee on Armed Services on S. tions for national security than has oc- stand it? 924, be deemed to be the report of the curred to date. The PRESIDING OFFICER. The Sen- committee accompanying S. 936, the One of the manufacturing facilities ator is correct. bill just passed. affected by the Information Tech- Mr. THURMOND. The bill having The PRESIDING OFFICER. Without nology Agreement is Dale Electronics, been read a third time, I urge passage objection, it is so ordered. which is located in Yankton, SD. The of the bill. Mr. President, I ask for the Mr. THURMOND. Mr. President, with Dale plant employs about 400 people yeas and nays. respect to H.R. 1119, the House-passed and manufactures resistors, inductors, The PRESIDING OFFICER. Is there a version of the National Defense Au- and magnetics. Like my colleagues sufficient second? thorization Act for fiscal year 1998, I S7284 CONGRESSIONAL RECORD — SENATE July 11, 1997 ask unanimous consent that the Sen- MOND for the tremendous work that he The PRESIDING OFFICER. The clo- ate proceed to its immediate consider- put into this bill and the success of ture motion having been presented ation, that all after the enacting clause this bill. The strong vote that it got —I under rule XXII, the Chair directs the be stricken and the text of S. 936, as believe 94 votes—in the U.S. Senate is clerk to read the motion. passed, be substituted in lieu thereof; a real tribute, I think, to the work that The assistant legislative clerk read that the bill be advanced to third read- Senator THURMOND, as our chairman, as follows: ing and passed; and the title of S. 936 has put in on this bill. I congratulate CLOTURE MOTION be substituted for the title of H.R. 1119; him for it. We, the undersigned Senators, in accord- that the Senate insist on its amend- I also want to thank all the members ance with the provisions of rule XXII of the ments to the bill and the title and re- of the committee for their work. Standing Rules of the Senate, do hereby quest a conference with the House on Again, our staffs, David Lyles of our move to bring to a close debate on Executive the disagreeing votes of the two Houses staff on this side and Les Brownlee on Calendar No. 104, the nomination of Joel I. and the Chair be authorized to appoint the Republican side, our Republican Klein to be Assistant Attorney General: Trent Lott, Orrin Hatch, Kay Bailey conferees; that the motion to recon- and Democratic leaders, the majority Hutchison, John McCain, Olympia sider the above-mentioned votes be laid leader, and the Democratic leader were Snowe, Dan Coats, Pat Roberts, Rod upon the table; and that the foregoing extremely helpful, and they again Grams, R.F. Bennett, Thad Cochran, occur without any intervening action made it possible for us to complete this Jim Inhofe, Sam Brownback, W. V. or debate. bill, I think, in very good order and Roth, Chuck Hagel, J. Warner, Larry E. The PRESIDING OFFICER. Without with very great speed. To the members Craig. objection, it is so ordered. of our floor staff, thanks to all of them Mr. NICKLES. Mr. President, I fur- The bill (H.R. 1119), as amended, was for making it possible for us to move ther ask unanimous consent that the deemed read the third time and passed. with such great dispatch on a very cloture vote occur at 6 p.m., on Mon- The title was amended so as to read: complicated bill. day, July 14, and the mandatory A bill to authorize appropriations for fiscal Mr. THURMOND addressed the Chair. quorum under rule XXII be waived. year 1998 for military activities of the De- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without partment of Defense, for military construc- ator from South Carolina. objection, it is so ordered. tion, and for defense activities of the Depart- Mr. THURMOND. I wish to again Mr. NICKLES. Mr. President, I fur- ment of Energy, to prescribe personnel thank Senator LEVIN for his fine co- ther ask unanimous consent that if clo- strengths for such fiscal year for the Armed operation and all that he did to pro- ture is invoked, there be 3 hours re- Forces, and for other purposes. mote this bill. He did a magnificent maining for debate, with 2 hours under There being no objection, the Presid- job. the control of Senators HOLLINGS, DOR- ing Officer (Mr. HAGEL) appointed Mr. Mr. NICKLES addressed the Chair. GAN, and KERREY of Nebraska, and 1 THURMOND, Mr. WARNER, Mr. MCCAIN, The PRESIDING OFFICER. The Sen- hour under the control of Senator Mr. COATS, Mr. SMITH of New Hamp- ator from Oklahoma. HATCH. shire, Mr. KEMPTHORNE, Mr. INHOFE, Mr. NICKLES. Mr. President, I, too, The PRESIDING OFFICER. Without Mr. SANTORUM, Ms. SNOWE, Mr. ROB- would like to compliment the Senator objection, it is so ordered. ERTS, Mr. LEVIN, Mr. KENNEDY, Mr. from South Carolina, Senator THUR- Mr. NICKLES. Mr. President, I yield BINGAMAN, Mr. GLENN, Mr. BYRD, Mr. MOND, for his leadership, as well as the floor. ROBB, Mr. LIEBERMAN, and Mr. Senator LEVIN, for moving this bill Mr. HATCH addressed the Chair. CLELAND conferees on the part of the through, and in addition to that, Sen- The PRESIDING OFFICER. The Sen- Senate. ator LOTT and Senator DASCHLE. ator from Utah. Mr. THURMOND. Mr. President. I This bill had great potential for not Mr. HATCH. Mr. President, I rise ask unanimous consent with respect to only taking all this week, but all of today on behalf of Mr. Joel Klein, who S. 936 as just passed by the Senate next week. I compliment the leaders has been nominated for the position of that, if the Senate receives a message for making this happen, to get this bill Assistant Attorney General of the with respect to this bill from the House completed, as the majority leader an- Antitrust Division of the Department of Representatives, the Senate disagree nounced at the beginning of the week of Justice. Mr. Klein was reported out with the House on its amendment or that we were going to finish this on of the Judiciary Committee unani- amendments to the Senate-passed bill Friday before we adjourned. And we mously on May 5. As his record and tes- and agree to or request a conference, as did. I think that is very important. timony reflect, Joel Klein is a fine appropriate, with the House on the dis- I also think that the vote is very nominee for this position, and I am agreeing votes of the two Houses and positive. To have 94 votes for final pas- pleased that his nomination has finally the Chair be authorized to appoint con- sage on a defense bill I think is very been brought before the full Senate ferees and the foregoing occur without positive indeed. today. He has my strong support and, I any intervening action or debate. f believe, the strong support of every The PRESIDING OFFICER. Without EXECUTIVE SESSION member of the Judiciary Committee. objection, it is so ordered. Now, I believe Mr. Klein is as fine a Mr. NICKLES. Mr. President, I ask Mr. THURMOND. Mr. President, in lawyer as any nominee who has come unanimous consent that the Senate closing, I want to take this oppor- before this committee. He graduated now proceed to executive session to tunity to thank the majority leader, magna cum laude from Harvard Law consider the nomination of Joel Klein Senator LOTT, and the minority leader, School before clerking for Chief Judge to be an Assistant Attorney General. Senator DASCHLE, for their fine co- The PRESIDING OFFICER. Without David Brazelon of the D.C. Circuit and operation throughout the consider- objection, it is so ordered. then Supreme Court Justice Lewis ation of this bill. And, Mr. President, I Powell. Mr. Klein went on to practice f want to take this opportunity to thank public interest law and later formed his Mr. Brownlee of the majority staff and NOMINATION OF JOEL I. KLEIN OF own law firm, in which he developed an Mr. Lyles on the minority staff, and fi- THE DISTRICT OF COLUMBIA TO outstanding reputation as an appellate nally the superb work of the fine floor BE AN ASSISTANT ATTORNEY lawyer arguing—and winning—many staff that has been so helpful. They GENERAL important cases before the U.S. Su- have all rendered yeoman service in The assistant legislative clerk read preme Court. For the past 2 years, Mr. the consideration and passage of this the nomination of Joel I. Klein of the Klein has ably served as Principal Dep- bill. District of Columbia to be an Assistant uty in the Justice Department’s Anti- I yield the floor. Attorney General. trust Division, and for the past several Mr. LEVIN addressed the Chair. f months he has been the Acting Assist- The PRESIDING OFFICER. The Sen- ant Attorney General for the Antitrust ator from Michigan. CLOTURE MOTION Division. Mr. LEVIN. Mr. President, first let Mr. NICKLES. Mr. President, I send a It is clear, both from his speeches me again congratulate Senator THUR- cloture motion to the desk. and his enforcement decisions, that Mr.