May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3505 Engel Kucinich Rangel Be it enacted by the Senate and House of Sec. 306. Operation of prepositioned fleet, Na- Eshoo LaFalce Rivers Representatives of the United States of America tional Training Center, Fort Etheridge Lantos Rodriguez in Congress assembled, Irwin, California. Evans Lee Roybal-Allard Fattah Levin Rush SECTION 1. SHORT TITLE. Sec. 307. Relocation of USS WISCONSIN. Filner Lewis (GA) Sanders This Act may be cited as the ‘‘National De- Sec. 308. Fisher House Trust Funds. Frank (MA) Lofgren Sawyer fense Authorization Act for Fiscal Year 1999’’. Subtitle B—Information Technology Issues Furse Lowey Schumer SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; Gallegly Luther Serrano Sec. 311. Additional information technology re- TABLE OF CONTENTS. Gejdenson Maloney (NY) Shays sponsibilities of Chief Information Gephardt Matsui Skaggs (a) DIVISIONS.—This Act is organized into Officers. Green McDermott Stokes three divisions as follows: Sec. 312. Defense-wide electronic mall system Gutierrez McGovern Strickland (1) Division A—Department of Defense Au- for supply purchases. Hamilton McKinney Stupak thorizations. Sec. 313. Protection of funding provided for cer- Hastings (FL) McNulty Thompson (2) Division B—Military Construction Author- tain information technology and Hilliard Meehan Thurman izations. national security programs. Hinojosa Miller (CA) Tierney (3) Division C—Department of Energy Na- Hooley Minge Torres Sec. 314. Priority funding to ensure year 2000 Jackson (IL) Moakley Velazquez tional Security Authorizations and Other Au- compliance of mission critical in- Jackson-Lee Nadler Vento thorizations. formation technology and na- (TX) Neal Watt (NC) (b) TABLE OF CONTENTS.—The table of con- tional security systems. Johnson (WI) Oberstar Waxman tents for this Act is as follows: Sec. 315. Evaluation of year 2000 compliance as Johnson, E. B. Obey Wexler Sec. 1. Short title. part of training exercises pro- Kaptur Olver Woolsey Kennedy (MA) Owens Yates Sec. 2. Organization of Act into divisions; table grams. Kind (WI) Poshard of contents. Subtitle C—Environmental Provisions Kleczka Rahall Sec. 3. Congressional defense committees de- fined. Sec. 321. Authorization to pay negotiated settle- NOT VOTING—20 ment for environmental cleanup DIVISION A—DEPARTMENT OF DEFENSE Andrews Ewing Meeks (NY) at former Department of Defense Armey Gonzalez Paxon AUTHORIZATIONS sites in Canada. Bateman Goodling Payne TITLE I—PROCUREMENT Sec. 322. Removal of underground storage Burr Harman Riley Subtitle A—Authorization of Appropriations tanks. Carson Hinchey Stabenow Clay Manton Thomas Sec. 101. Army. Subtitle D—Defense Infrastructure Support Crane McCrery Sec. 102. Navy and Marine Corps. Improvement Sec. 103. Air Force. b 1212 Sec. 331. Reporting and study requirements be- Sec. 104. Defense-wide activities. fore change of commercial and in- So the resolution, as amended, was Sec. 105. Reserve components. dustrial type functions to contrac- agreed to. Sec. 106. Defense Inspector General. tor performance. The result of the vote was announced Sec. 107. Chemical Demilitarization Program. Sec. 332. Clarification of requirement to main- as above recorded. Sec. 108. Defense health programs. tain Government-owned and Gov- A motion to reconsider was laid on Sec. 109. Defense Export Loan Guarantee Pro- ernment-operated core logistics gram. the table. capability. Subtitle B—Army Programs f Sec. 333. Oversight of development and imple- Sec. 111. Multiyear procurement authority for mentation of automated identi- PERSONAL EXPLANATION Longbow Hellfire missile program. fication technology. Mr. RILEY. Mr. Speaker, due to unavoidable Sec. 112. M1A2 System Enhancement Program Sec. 334. Conditions on expansion of functions Step 1 Program. performed under prime vendor circumstances, I was not present for rollcall Subtitle C—Navy Programs contracts. vote No. 166. Had I been present, I would Sec. 335. Clarification of definition of depot- Sec. 121. Multiyear procurement authority for have voted ``aye'' in favor of the rule. level maintenance and repair. the Department of the Navy. The SPEAKER pro tempore (Mr. Sec. 336. Clarification of commercial item excep- PETRI). Pursuant to House Resolution Subtitle D—Other Matters tion to requirements regarding 440 and rule XXIII, the Chair declares Sec. 141. Funding, transfer, and management of core logistics capabilities. the House in the Committee of the the Assembled Chemical Weapons Sec. 337. Development of plan for establishment Whole House on the State of the Union Assessment Program. of core logistics capabilities for for the further consideration of the TITLE II—RESEARCH, DEVELOPMENT, maintenance and repair of C–17 TEST, AND EVALUATION aircraft. bill, H.R. 3616. Sec. 338. Contractor-operated civil engineering Subtitle A—Authorization of Appropriations b 1214 supply stores program. Sec. 201. Authorization of appropriations. Sec. 339. Report on savings and effect of per- IN THE COMMITTEE OF THE WHOLE Sec. 202. Amount for basic and applied re- sonnel reductions in Army Mate- Accordingly, the House resolved search. riel Command. itself into the Committee of the Whole Subtitle B—Program Requirements, Subtitle E—Commissaries and House on the State of the Union for the Restrictions, and Limitations Nonappropriated Fund Instrumentalities further consideration of the bill (H.R. Sec. 211. Management responsibility for Navy Sec. 341. Continuation of management and 3616) to authorize appropriations for mine countermeasures programs. funding of Defense Commissary fiscal year 1999 for military activities Sec. 212. Future aircraft carrier transition tech- Agency through the Office of the of the Department of Defense, to pre- nologies. Secretary of Defense. scribe military personnel strengths for Sec. 213. Manufacturing technology program. Sec. 342. Expansion of current eligibility of Re- fiscal year 1999, and for other purposes, Subtitle C—Ballistic Missile Defense serves for commissary benefits. with Mr. CAMP in the chair. Sec. 231. National Missile Defense policy. Sec. 343. Repeal of requirement for Air Force to The Clerk read the title of the bill. Sec. 232. Limitation on funding for the Medium sell tobacco products to enlisted The CHAIRMAN. When the Commit- Extended Air Defense System. personnel. Sec. 233. Limitation on funding for cooperative Sec. 344. Restrictions on patron access to, and tee of the Whole House rose on Tues- purchases in, overseas com- day, May 19, 1998 pursuant to House ballistic missile defense programs. Sec. 234. Limitation on funding for missaries and exchange stores. Resolution 435, all time for general de- counterproliferation support. Sec. 345. Extension of demonstration project for bate had expired. Pursuant to House Sec. 235. Ballistic Missile Defense program ele- uniform funding of morale, wel- Resolution 441, no further general de- ments. fare, and recreation activities. Sec. 346. Prohibition on consolidation or other bate is in order. TITLE III—OPERATION AND organizational changes of Depart- The committee amendment in the MAINTENANCE nature of a substitute printed in the ment of Defense retail systems. Subtitle A—Authorization of Appropriations bill is considered as an original bill for Sec. 347. Authorized use of appropriated funds Sec. 301. Operation and maintenance funding. for relocation of Navy Exchange the purpose of amendment and is con- Sec. 302. Working capital funds. Service Command. sidered read. Sec. 303. Armed Forces Retirement Home. Sec. 348. Evaluation of merit of selling malt The text of the committee amend- Sec. 304. Transfer from National Defense Stock- beverages and wine in commissary ment in the nature of a substitute is as pile Transaction Fund. stores as exchange system mer- follows: Sec. 305. Refurbishment of M1–A1 tanks. chandise. H3506 CONGRESSIONAL RECORD — HOUSE May 20, 1998 Subtitle F—Other Matters Sec. 512. Active status service requirement for Sec. 562. Study of revising the term of service of Sec. 361. Eligibility requirements for attendance promotion consideration for Army members of the United States at Department of Defense domes- and Air Force Reserve component Court of Appeals for the Armed tic dependent elementary and sec- brigadier generals. Forces. ondary schools. Sec. 513. Revision to educational requirement Sec. 563. Status of cadets at the Merchant Ma- Sec. 362. Specific emphasis of program to inves- for promotion of Reserve officers. rine Academy. tigate fraud, waste, and abuse Subtitle C—Military Education and Training TITLE VI—COMPENSATION AND OTHER within Department of Defense. Sec. 521. Requirements relating to recruit basic PERSONNEL BENEFITS Sec. 363. Revision of inspection requirements re- training. Subtitle A—Pay and Allowances lating to Armed Forces Retirement Sec. 522. After-hours privacy for recruits during Sec. 601. Increase in basic pay for fiscal year Home. basic training. 1999. Sec. 364. Assistance to local educational agen- Sec. 523. Extension of reporting dates for Com- Sec. 602. Basic allowance for housing outside cies that benefit dependents of mission on Military Training and the United States. members of the Armed Forces and Gender Related Issues. Sec. 603. Basic allowance for subsistence for Department of Defense civilian Sec. 524. Improved oversight of innovative read- Reserves. employees. iness training. Sec. 365. Strategic plan for expansion of dis- Subtitle D—Decorations, Awards, and Subtitle B—Bonuses and Special and tance learning initiatives. Incentive Pays Sec. 366. Public availability of operating agree- Commendations Sec. 611. One-year extension of certain bonuses ments between military installa- Sec. 531. Study of new decorations for injury or and special pay authorities for re- tions and financial institutions. death in line of duty. serve forces. Sec. 367. Department of Defense readiness re- Sec. 532. Waiver of time limitations for award of porting system. certain decorations to specified Sec. 612. One-year extension of certain bonuses Sec. 368. Travel by Reservists on carriers under persons. and special pay authorities for contract with General Services Sec. 533. Commendation of the Navy and Ma- nurse officer candidates, reg- Administration. rine Corps personnel who served istered nurses, and nurse anes- thetists. Subtitle G—Demonstration of Commercial- in the United States Navy Asiatic Fleet from 1910–1942. Sec. 613. One-year extension of authorities re- Type Practices To Improve Quality of Per- lating to payment of other bo- sonal Property Shipments Sec. 534. Appreciation for service during World War I and World War II by mem- nuses and special pays. Sec. 381. Demonstration program required. bers of the Navy assigned on Sec. 614. Aviation career incentive pay and Sec. 382. Goals of demonstration program. board merchant ships as the aviation officer retention bonus. Sec. 383. Program participants. Naval Armed Guard Service. Sec. 615. Special pay for diving duty. Sec. 384. Test plan. Sec. 535. Sense of Congress regarding the hero- Sec. 616. Selective reenlistment bonus eligibility Sec. 385. Other methods of personal property ism, sacrifice, and service of the for Reserve members performing shipping. active Guard and Reserve duty. Sec. 386. Duration of demonstration program. military forces of South Vietnam Sec. 617. Removal of ten percent restriction on Sec. 387. Evaluation of demonstration program. and other nations in connection with the United States Armed selective reenlistment bonuses. TITLE IV—MILITARY PERSONNEL Forces during the Vietnam con- Sec. 618. Increase in maximum amount of Army AUTHORIZATIONS flict. enlistment bonus. Subtitle A—Active Forces Sec. 536. Sense of Congress regarding the hero- Sec. 619. Equitable treatment of Reserves eligi- Sec. 401. End strengths for active forces. ism, sacrifice, and service of ble for special pay for duty sub- Sec. 402. Revision in permanent end strength former South Vietnamese com- ject to hostile fire or imminent levels. mandos in connection with United danger. Sec. 403. Date for submission of annual man- States Armed Forces during the Subtitle C—Travel and Transportation power requirements report. Vietnam conflict. Allowances Sec. 404. Extension of authority for Chairman Subtitle E—Administration of Agencies Re- of the Joint Chiefs of Staff to des- Sec. 631. Exception to maximum weight allow- sponsible for Review and Correction of Mili- ance for baggage and household ignate up to 12 general and flag tary Records officer positions to be excluded effects. Sec. 541. Personnel freeze. from general and flag officer Sec. 632. Travel and transportation allowances Sec. 542. Professional staff. grade limitations. for travel performed by members Sec. 543. Ex parte communications. in connection with rest and recu- Subtitle B—Reserve Forces Sec. 544. Timeliness standards. perative leave from overseas sta- Sec. 411. End strengths for Selected Reserve. Subtitle F—Other Matters tions. Sec. 412. End strengths for Reserves on active Sec. 551. One-year extension of certain force Sec. 633. Storage of baggage of certain depend- duty in support of the Reserves. drawdown transition authorities ents. Sec. 413. End strengths for military technicians relating to personnel management (dual status). Subtitle D—Retired Pay, Survivor Benefits, Sec. 414. Increase in number of members in cer- and benefits. and Related Matters tain grades authorized to serve on Sec. 552. Leave without pay for academy cadets Sec. 641. Effective date of former spouse sur- active duty in support of the Re- and midshipmen. vivor benefit coverage. Sec. 553. Provision for recovery, care, and dis- serves. position of the remains of all Subtitle E—Other Matters Subtitle C—Authorization of Appropriations medically retired members. Sec. 651. Deletion of Canal Zone from definition Sec. 421. Authorization of appropriations for Sec. 554. Continued eligibility under Voluntary of United States possessions for military personnel. Separation Incentive program for purposes of pay and allowances. TITLE V—MILITARY PERSONNEL POLICY members who involuntarily lose Sec. 652. Accounting of advance payments. Subtitle A—Officer Personnel Policy membership in a reserve compo- Sec. 653. Reimbursement of rental vehicle costs nent. when motor vehicle transported at Sec. 501. Codification of eligibility of retired of- Sec. 555. Definition of financial institution for Government expense is late. ficers and former officers for con- direct deposit of pay. Sec. 654. Education loan repayment program sideration by special selection Sec. 556. Increase in maximum amount for Col- for certain health profession offi- boards. lege Fund program. cers serving in Selected Reserve. Sec. 502. Communication to promotion boards Sec. 557. Central Identification Laboratory, Ha- TITLE VII—HEALTH CARE PROVISIONS by officers under consideration. waii. Sec. 503. Procedures for separation of regular Sec. 558. Honor guard details at funerals of vet- Subtitle A—Health Care Services officers for substandard perform- erans. Sec. 701. Expansion of dependent eligibility ance of duty or certain other rea- Sec. 559. Applicability to all persons in chain of under retiree dental program. sons. command of policy requiring ex- Sec. 702. Plan for provision of health care for Sec. 504. Posthumous commissions and war- emplary conduct by commanding military retirees and their depend- rants. officers and others in authority in ents comparable to health care Sec. 505. Tenure of Chief of the Air Force Nurse the Armed Forces. provided under TRICARE Prime. Corps. Sec. 560. Report on prisoners transferred from Sec. 703. Plan for redesign of military phar- Subtitle B—Reserve Component Matters United States Disciplinary Bar- macy system. Sec. 511. Composition of selective early retire- racks, Fort Leavenworth, Kansas, Sec. 704. Transitional authority to provide con- ment boards of Reserve general to Federal Bureau of Prisons. tinued health care coverage for and flag officers of the Navy and Sec. 561. Report on process for selection of mem- certain persons unaware of loss of Marine Corps. bers for service on courts-martial. CHAMPUS eligibility. May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3507 Subtitle B—TRICARE Program Subtitle D—Miscellaneous Report Sec. 2103. Improvements to military family Sec. 711. Payment of claims for provision of Requirements and Repeals housing units. health care under the TRICARE Sec. 1031. Annual report on resources allocated Sec. 2104. Authorization of appropriations, program for which a third party to support and mission activities. Army. Sec. 2105. Increase in fiscal year 1998 author- may be liable. Subtitle E—Other Matters Sec. 712. Procedures regarding enrollment in ization for military construction TRICARE Prime. Sec. 1041. Clarification of land conveyance au- projects at Fort Drum, New York, thority, Armed Forces Retirement and Fort Sill, Oklahoma. Subtitle C—Other Matters Home, District of Columbia. Sec. 721. Inflation adjustment of premium Sec. 1042. Content of notice required to be pro- TITLE XXII—NAVY amounts for dependents dental vided garnishees before garnish- Sec. 2201. Authorized Navy construction and program. ment of pay or benefits. land acquisition projects. Sec. 722. System for tracking data and measur- Sec. 1043. Training of special operations forces Sec. 2202. Family housing. ing performance in meeting with friendly foreign forces. Sec. 2203. Improvements to military family TRICARE access standards. TITLE XI—DEPARTMENT OF DEFENSE housing units. Sec. 723. Air Force research, development, CIVILIAN PERSONNEL Sec. 2204. Authorization of appropriations, training, and education on expo- Navy. Sec. 1101. Authority for release to Coast Guard sure to chemical, biological, and Sec. 2205. Authorization to accept road con- of drug test results of civil service radiological hazards. struction project, Marine Corps mariners of the Military Sealift Sec. 724. Authorization to establish a Level 1 Base, Camp Lejeune, North Caro- Command. Trauma Training Center. lina. Sec. 725. Report on implementation of enroll- Sec. 1102. Limitations on back pay awards. ment-based capitation for funding Sec. 1103. Restoration of annual leave accumu- TITLE XXIII—AIR FORCE for military medical treatment fa- lated by civilian employees at in- Sec. 2301. Authorized Air Force construction cilities. stallations in the Republic of and land acquisition projects. Panama to be closed pursuant to TITLE VIII—ACQUISITION POLICY, ACQUI- Sec. 2302. Family housing. the Panama Canal Treaty of 1977. SITION MANAGEMENT, AND RELATED Sec. 2303. Improvements to military family Sec. 1104. Repeal of program providing pref- MATTERS housing units. erence for employment of military Sec. 2304. Authorization of appropriations, Air Sec. 801. Limitation on procurement of ammuni- spouses in military child care fa- Force. tion and components. cilities. TITLE XXIV—DEFENSE AGENCIES Sec. 802. Acquisition Corps eligibility. Sec. 1105. Elimination of retained pay as basis Sec. 803. Amendments relating to procurement for determining locality-based ad- Sec. 2401. Authorized Defense Agencies con- from firms in industrial base for justments. struction and land acquisition production of small arms. Sec. 1106. Observance of certain holidays at projects. TITLE IX—DEPARTMENT OF DEFENSE duty posts outside the United Sec. 2402. Improvements to military family ORGANIZATION AND MANAGEMENT States. housing units. Sec. 2403. Energy conservation projects. Sec. 901. Further reductions in defense acquisi- TITLE XII—MATTERS RELATING TO OTHER Sec. 2404. Authorization of appropriations, De- tion workforce. NATIONS Sec. 902. Limitation on operation and support fense Agencies. funds for the Office of the Sec- Sec. 1201. Limitation on funds for peacekeeping Sec. 2405. Increase in fiscal year 1995 author- retary of Defense. in the Republic of Bosnia and ization for military construction Sec. 903. Revision to defense directive relating Herzegovina. projects at Pine Bluff Arsenal, to management headquarters and Sec. 1202. Reports on the mission of United Arkansas, and Umatilla Army headquarters support activities. States forces in Republic of Bos- Depot, Oregon. Sec. 904. Under Secretary of Defense for Policy nia and Herzegovina. Sec. 2406. Increase in fiscal year 1990 author- to have responsibility with respect Sec. 1203. Report on military capabilities of an ization for military construction to export control activities of the expanded NATO alliance. project at Portsmouth Naval Hos- Department of Defense. Sec. 1204. One-year extension of pital, Virginia. counterproliferation authorities Sec. 905. Independent task force on trans- TITLE XXV—NORTH ATLANTIC TREATY formation and Department of De- for support of United Nations Special Commission on Iraq. ORGANIZATION SECURITY INVESTMENT fense organization. PROGRAM Sec. 906. Improved accounting for defense con- Sec. 1205. Repeal of landmine moratorium. tract services. TITLE XIII—COOPERATIVE THREAT RE- Sec. 2501. Authorized NATO construction and Sec. 907. Repeal of requirement relating to as- DUCTION WITH STATES OF FORMER SO- land acquisition projects. signment of tactical airlift mission VIET UNION Sec. 2502. Authorization of appropriations, NATO. to reserve components. Sec. 1301. Specification of Cooperative Threat Sec. 908. Repeal of certain requirements relat- Reduction programs and funds. TITLE XXVI—GUARD AND RESERVE ing to Inspector General inves- Sec. 1302. Funding allocations. FORCES FACILITIES tigations of reprisal complaints. Sec. 1303. Prohibition on use of funds for speci- Sec. 2601. Authorized Guard and Reserve con- Sec. 909. Consultation with Commandant of the fied purposes. struction and land acquisition Marine Corps regarding Marine Sec. 1304. Limitation on use of funds for chemi- projects. Corps aviation. cal weapons destruction facility. Sec. 2602. Army Reserve construction project, TITLE X—GENERAL PROVISIONS Sec. 1305. Limitation on obligation of funds for Salt Lake City, Utah. Subtitle A—Financial Matters a specified period. TITLE XXVII—EXPIRATION AND Sec. 1001. Transfer authority. Sec. 1306. Requirement to submit breakdown of EXTENSION OF AUTHORIZATIONS amounts requested by project cat- Sec. 1002. Incorporation of classified annex. Sec. 2701. Expiration of authorizations and egory. Sec. 1003. Outlay limitations. amounts required to be specified Sec. 1307. Limitation on use of funds until com- Subtitle B—Naval Vessels and Shipyards by law. pletion of fiscal year 1998 require- Sec. 1011. Revision to requirement for continued ments. Sec. 2702. Extension of authorizations of cer- listing of two Iowa-class battle- Sec. 1308. Report on biological weapons pro- tain fiscal year 1996 projects. ships on the Naval Vessel Reg- grams in Russia. Sec. 2703. Extension of authorization of fiscal ister. Sec. 1309. Limitation on use of funds for bio- year 1995 project. Sec. 1012. Transfer of USS NEW JERSEY. logical weapons proliferation pre- Sec. 2704. Effective date. Sec. 1013. Long-term charter of three vessels in vention activities in Russia. TITLE XXVIII—GENERAL PROVISIONS support of submarine rescue, es- Sec. 1310. Limitation on use of certain funds for cort, and towing. Subtitle A—Military Construction Program strategic arms elimination in Rus- and Military Family Housing Changes Sec. 1014. Transfer of obsolete Army tugboat. sia or Ukraine. Sec. 2801. Definition of ancillary supporting fa- Sec. 1015. Long-term charter contracts for ac- Sec. 1311. Availability of funds. quisition of auxiliary vessels for cilities under the alternative au- the Department of Defense. DIVISION B—MILITARY CONSTRUCTION thority for acquisition and im- AUTHORIZATIONS Subtitle C—Matters Relating to Counter Drug provement of military housing. Activities Sec. 2001. Short title. Subtitle B—Real Property and Facilities Sec. 1021. Department of Defense support for TITLE XXI—ARMY Administration counter-drug activities. Sec. 2101. Authorized Army construction and Sec. 2811. Restoration of Department of Defense Sec. 1022. Support for counter-drug operation land acquisition projects. lands used by another Federal Caper Focus. Sec. 2102. Family housing. agency. H3508 CONGRESSIONAL RECORD — HOUSE May 20, 1998 Sec. 2812. Outdoor recreation development on Sec. 3125. Authority for conceptual and con- SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES military installations for disabled struction design. DEFINED. veterans, military dependents Sec. 3126. Authority for emergency planning, For purposes of this Act, the term ‘‘congres- with disabilities, and other per- design, and construction activi- sional defense committees’’ means— sons with disabilities. ties. (1) the Committee on Armed Services and the Sec. 2813. Report on use of utility system con- Sec. 3127. Funds available for all national secu- Committee on Appropriations of the Senate; and veyance authority. rity programs of the Department (2) the Committee on National Security and the Committee on Appropriations of the House Subtitle C—Defense Base Closure and of Energy. of Representatives. Realignment Sec. 3128. Availability of funds. Sec. 3129. Transfers of defense environmental DIVISION A—DEPARTMENT OF DEFENSE Sec. 2821. Payment of stipulated penalties as- management funds. AUTHORIZATIONS sessed under the Comprehensive Environmental Response, Com- Subtitle C—Program Authorizations, TITLE I—PROCUREMENT pensation, and Liability Act of Restrictions, and Limitations Subtitle A—Authorization of Appropriations 1980 in connection with McClellan Sec. 3131. Prohibition on Federal loan guaran- SEC. 101. ARMY. Air Force Base, California. tees for defense environmental Funds are hereby authorized to be appro- Sec. 2822. Elimination of waiver authority re- management privatization priated for fiscal year 1999 for procurement for garding prohibition against cer- projects. the Army as follows: tain conveyances of property at Sec. 3132. Extension of funding prohibition re- (1) For aircraft, $1,420,759,000. Naval Station, Long Beach, Cali- lating to international cooperative (2) For missiles, $1,232,285,000. fornia. stockpile stewardship. (3) For weapons and tracked combat vehicles, Subtitle D—Land Conveyances Sec. 3133. Use of certain funds for missile de- $1,507,638,000. fense technology development. (4) For ammunition, $1,053,455,000. PART I—ARMY CONVEYANCES Sec. 3134. Selection of technology for tritium (5) For other procurement, $3,136,918,000. Sec. 2831. Land conveyance, Army Reserve Cen- production. SEC. 102. NAVY AND MARINE CORPS. ter, Massena, New York. Sec. 3135. Limitation on use of certain funds at (a) NAVY.—Funds are hereby authorized to be Sec. 2832. Land conveyance, Army Reserve Cen- Hanford Site. appropriated for fiscal year 1999 for procure- ter, Ogdensburg, New York. Subtitle D—Other Matters ment for the Navy as follows: Sec. 2833. Land conveyance, Army Reserve Cen- (1) For aircraft, $7,420,847,000. ter, Jamestown, Ohio. Sec. 3151. Termination of worker and commu- nity transition assistance. (2) For weapons, including missiles and tor- Sec. 2834. Land conveyance, Stewart Army Sub- pedoes, $1,192,195,000. Post, New Windsor, New York. Sec. 3152. Requirement for plan to modify em- ployment system used by Depart- (3) For shipbuilding and conversion, Sec. 2835. Land conveyance, Indiana Army Am- $5,992,361,000. munition Plant, Charlestown, In- ment of Energy in defense envi- ronmental management programs. (4) For other procurement, $3,969,507,000. diana. (b) MARINE CORPS.—Funds are hereby author- Sec. 2836. Land conveyance, Volunteer Army Sec. 3153. Report on stockpile stewardship cri- teria. ized to be appropriated for fiscal year 1999 for Ammunition Plant, Chattanooga, procurement for the Marine Corps in the Tennessee. TITLE XXXII—DEFENSE NUCLEAR amount of $691,868,000. Sec. 2837. Release of reversionary interest of FACILITIES SAFETY BOARD (c) NAVY AND MARINE CORPS AMMUNITION.— United States in former Redstone Sec. 3201. Authorization. Funds are hereby authorized to be appropriated Army Arsenal property conveyed TITLE XXXIII—NATIONAL DEFENSE for procurement of ammunition for the Navy to Alabama Space Science Exhibit STOCKPILE and the Marine Corps in the amount of Commission. Sec. 3301. Definitions. $451,968,000. PART II—NAVY CONVEYANCES Sec. 3302. Authorized uses of stockpile funds. SEC. 103. AIR FORCE. Sec. 2841. Easement, Marine Corps Base, Camp TITLE XXXIV—NAVAL PETROLEUM Funds are hereby authorized to be appro- Pendleton, California. RESERVES priated for fiscal year 1999 for procurement for Sec. 2842. Land conveyance, Naval Reserve the Air Force as follows: Sec. 3401. Definitions. Readiness Center, Portland, (1) For aircraft, $8,219,077,000. Sec. 3402. Authorization of appropriations. Maine. (2) For missiles, $2,234,668,000. Sec. 3403. Price requirement on sale of certain (3) For ammunition, $383,627,000. PART III—AIR FORCE CONVEYANCES petroleum during fiscal year 1999. (4) For other procurement, $7,046,372,000. Sec. 2851. Land conveyance, Lake Charles Air Sec. 3404. Disposal of Naval Petroleum Reserve SEC. 104. DEFENSE-WIDE ACTIVITIES. Force Station, Louisiana. Numbered 2. Funds are hereby authorized to be appro- Sec. 2852. Land conveyance, Air Force housing Sec. 3405. Disposal of Naval Petroleum Reserve priated for fiscal year 1999 for Defense-wide pro- facility, La Junta, Colorado. Numbered 3. curement in the amount of $1,962,866,000. Subtitle E—Other Matters Sec. 3406. Disposal of Oil Shale Reserve Num- bered 2. SEC. 105. RESERVE COMPONENTS. Sec. 2861. Repeal of prohibition on joint use of Sec. 3407. Administration. Funds are hereby authorized to be appro- Gray Army Airfield, Fort Hood, priated for fiscal year 1999 for procurement of Texas, with civil aviation. TITLE XXXV—PANAMA CANAL aircraft, vehicles, communications equipment, Sec. 2862. Designation of building containing COMMISSION and other equipment for the reserve components Navy and Marine Corps Reserve Sec. 3501. Short title; references to Panama of the Armed Forces as follows: Center, Augusta, Georgia. Canal Act of 1979. (1) For the Army National Guard, $50,000,000. Sec. 2863. Expansion of Arlington National Sec. 3502. Authorization of expenditures. (2) For the Air National Guard, $50,000,000. Cemetery. Sec. 3503. Purchase of vehicles. (3) For the Army Reserve, $50,000,000. Sec. 2864. Reporting requirements under dem- Sec. 3504. Expenditures only in accordance (4) For the Naval Reserve, $50,000,000. onstration project for purchase of with treaties. (5) For the Air Force Reserve, $50,000,000. fire, security, police, public works, Sec. 3505. Donations to the Commission. (6) For the Marine Corps Reserve, $50,000,000. and utility services from local Sec. 3506. Sunset of United States overseas ben- SEC. 106. DEFENSE INSPECTOR GENERAL. government agencies. efits just before transfer. Funds are hereby authorized to be appro- DIVISION C—DEPARTMENT OF ENERGY Sec. 3507. Central Examining Office. priated for fiscal year 1999 for procurement for NATIONAL SECURITY AUTHORIZATIONS Sec. 3508. Liability for vessel accidents. the Inspector General of the Department of De- AND OTHER AUTHORIZATIONS Sec. 3509. Panama Canal Board of Contract fense in the amount of $1,300,000. Appeals. TITLE XXXI—DEPARTMENT OF ENERGY SEC. 107. CHEMICAL DEMILITARIZATION PRO- Sec. 3510. Technical amendments. NATIONAL SECURITY PROGRAMS GRAM. TITLE XXXVI—MARITIME There is hereby authorized to be appropriated Subtitle A—National Security Programs ADMINISTRATION for fiscal year 1999 the amount of $834,000,000 Authorizations Sec. 3601. Authorization of appropriations for for— Sec. 3101. Weapons activities. fiscal year 1999. (1) the destruction of lethal chemical agents Sec. 3102. Defense environmental restoration Sec. 3602. Conveyance of NDRF vessel M/V BA- and munitions in accordance with section 1412 and waste management. YAMON. of the Department of Defense Authorization Sec. 3103. Other defense activities. Sec. 3603. Conveyance of NDRF vessels BEN- Act, 1986 (50 U.S.C. 1521); and Sec. 3104. Defense nuclear waste disposal. JAMIN ISHERWOOD and (2) the destruction of chemical warfare mate- Subtitle B—Recurring General Provisions HENRY ECKFORD. riel of the United States that is not covered by Sec. 3121. Reprogramming. Sec. 3604. Clearinghouse for maritime informa- section 1412 of such Act. Sec. 3122. Limits on general plant projects. tion. SEC. 108. DEFENSE HEALTH PROGRAMS. Sec. 3123. Limits on construction projects. Sec. 3605. Conveyance of NDRF vessel ex-USS Funds are hereby authorized to be appro- Sec. 3124. Fund transfer authority. LORAIN COUNTY. priated for fiscal year 1999 for the Department May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3509 of Defense for procurement for carrying out incineration program until the pilot program is (1) by redesignating subparagraphs (A), (B), health care programs, projects, and activities of completed. and (C) as clauses (i), (ii), and (iii), respectively; the Department of Defense in the total amount (e) DEFINITION.—In this section, the term ‘‘As- (2) by inserting ‘‘(A)’’ after ‘‘(2)’’; and of $402,387,000. sembled Chemical Weapons Assessment Pro- (3) by adding at the end the following new SEC. 109. DEFENSE EXPORT LOAN GUARANTEE gram’’ means the program established in section subparagraphs: PROGRAM. 152(e) of the National Defense Authorization ‘‘(B) For any grant awarded or contract, co- Funds are hereby authorized to be appro- Act for Fiscal Year 1996 (Public Law 104–106; operative agreement, or other transaction en- priated for fiscal year 1999 for the Department 110 Stat. 214; 50 U.S.C. 1521), and section 8065 of tered into on a basis other than a cost-sharing of Defense for carrying out the Defense Export the Department of Defense Appropriations Act, basis because of a determination made under Loan Guarantee Program under section 2540 of 1997 (as contained in section 101 of Public Law subparagraph (A), the transaction file for the title 10, United States Code, in the total amount 104–208; 110 Stat. 3009–101), for identifying and project concerned must document the rationale of $1,250,000. demonstrating alternatives to the baseline incin- for the determination. eration process for the demilitarization of assem- ‘‘(C) The Secretary of Defense may delegate Subtitle B—Army Programs bled chemical munitions. the authority to make determinations under SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY TITLE II—RESEARCH, DEVELOPMENT, subparagraph (A) only to the Under Secretary FOR LONGBOW HELLFIRE MISSILE of Defense for Acquisition and Technology or a PROGRAM. TEST, AND EVALUATION service acquisition executive, as appropriate.’’. Beginning with the fiscal year 1999 program Subtitle A—Authorization of Appropriations (c) COST SHARE GOAL.—Section 2525(d) of year, the Secretary of the Army may, in accord- SEC. 201. AUTHORIZATION OF APPROPRIATIONS. such title is amended— ance with section 2306b of title 10, United States Funds are hereby authorized to be appro- (1) by striking out paragraph (4); and Code, enter into a multiyear procurement con- priated for fiscal year 1999 for the use of the De- (2) in paragraph (3)— tract for procurement of the AGM–114 Longbow partment of Defense for research, development, (A) by striking out ‘‘At least’’ and inserting in Hellfire missile. test, and evaluation as follows: lieu thereof ‘‘As a goal, at least’’; SEC. 112. M1A2 SYSTEM ENHANCEMENT PROGRAM (1) For the Army, $4,791,997,000. (B) by striking out ‘‘shall’’ and inserting in STEP 1 PROGRAM. (2) For the Navy, $8,377,059,000. lieu thereof ‘‘should’’; and Of the funds authorized to be appropriated for (3) For the Air Force, $13,785,401,000. (C) by adding at the end the following: ‘‘The the Army in section 101 for weapons and tracked (4) For Defense-wide activities, $9,283,515,000, Secretary of Defense, in coordination with the combat vehicles, $20,300,000 shall be available of which— Secretaries of the military departments and only for the Step 1 program for the M1A2 System (A) $251,106,000 is authorized for the activities upon recommendation of the Under Secretary of Enhancement Program. of the Director, Test and Evaluation; and Defense for Acquisition and Technology, shall Subtitle C—Navy Programs (B) $29,245,000 is authorized for the Director establish annual objectives to meet such goal.’’. of Operational Test and Evaluation. SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY (d) ADDITIONAL INFORMATION TO BE IN- FOR THE DEPARTMENT OF THE SEC. 202. AMOUNT FOR BASIC AND APPLIED RE- CLUDED IN FIVE-YEAR PLAN.—Section 2525(e)(1) NAVY. SEARCH. of such title is amended— (a) AUTHORITY FOR SPECIFIED NAVY AIRCRAFT (a) FISCAL YEAR 1999.—Of the amounts au- (1) by striking ‘‘and’’ at the end of subpara- PROGRAMS.—Beginning with the fiscal year 1999 thorized to be appropriated by section 201, graph (A); program year, the Secretary of the Navy may, in $3,078,251,000 shall be available for basic re- (2) by striking the period at the end of sub- accordance with section 2306b of title 10, United search and applied research projects. paragraph (B) and inserting ‘‘; and’’; and States Code, enter into a multiyear procurement (b) BASIC RESEARCH AND APPLIED RESEARCH (3) by inserting at the end the following new contract for procurement for the following pro- DEFINED.—For purposes of this section, the term subparagraph: grams: ‘‘basic research and applied research’’ means ‘‘(C) the extent of cost sharing in the manu- (1) The AV–8B aircraft program. work funded in program elements for defense re- facturing technology program by companies in (2) The T–45TS aircraft program. search and development under Department of the private sector, weapons system program of- (3) The E–2C aircraft program. Defense category 6.1 or 6.2. fices and other defense program offices, Federal (b) AUTHORITY FOR MARINE CORPS MEDIUM Subtitle B—Program Requirements, agencies other than the Department of Defense, TACTICAL VEHICLE REPLACEMENT.—Beginning Restrictions, and Limitations nonprofit institutions and universities, and other sources.’’. with the fiscal year 1999 program year, the Sec- SEC. 211. MANAGEMENT RESPONSIBILITY FOR retary of the Navy may, in accordance with sec- NAVY MINE COUNTERMEASURES Subtitle C—Ballistic Missile Defense tion 2306b of title 10, United States Code, enter PROGRAMS. SEC. 231. NATIONAL MISSILE DEFENSE POLICY. into a multiyear procurement contract to pro- Section 216(a) of the National Defense Au- (a) FINDINGS.—Congress makes the following cure the Marine Corps Medium Tactical Vehicle thorization Act for Fiscal Years 1992 and 1993 findings: Replacement. (Public Law 102–190; 105 Stat. 1317, as amended) (1) Threats posed by ballistic missiles and Subtitle D—Other Matters is amended by striking out ‘‘through 1999’’ and weapons of mass destruction to the national ter- inserting in lieu thereof ‘‘through 2003’’. SEC. 141. FUNDING, TRANSFER, AND MANAGE- ritory of the United States continue to grow as MENT OF THE ASSEMBLED CHEMI- SEC. 212. FUTURE AIRCRAFT CARRIER TRANSI- the trend in ballistic missile proliferation and CAL WEAPONS ASSESSMENT PRO- TION TECHNOLOGIES. development is toward longer range and increas- GRAM. Of the funds authorized to be appropriated ingly sophisticated missiles. (a) FUNDING.—Of the amount authorized to be under section 201(2) for Carrier System Develop- (2) Russian and Chinese sources continue to appropriated in section 107, $12,600,000 shall be ment (program element 0603512N), $50,000,000 proliferate missile and other advanced tech- available for the Assembled Chemical Weapons shall be available for research, development, nologies. Assessment Program (in this section referred to test, evaluation, and insertion into the CVN–77 (3) North Korea is developing the Taepo-Dong as the ‘‘Program’’). nuclear aircraft carrier program of technologies 2 missile, which would have a range sufficient (b) TRANSFER OF PROGRAM RESPONSIBILITY.— designed to transition to, demonstrate enhanced to strike Alaska and Hawaii, and other coun- (1) The Under Secretary of Defense for Acquisi- capabilities for, or mitigate cost and technical tries hostile to the United States, including tion and Technology and the Secretary of the risks of, the CV(X) aircraft carrier program. Iran, Libya, and Iraq, have demonstrated an in- Army shall jointly submit to Congress, not later SEC. 213. MANUFACTURING TECHNOLOGY PRO- terest in acquiring or developing ballistic mis- than December 1, 1998, a plan for the transfer of GRAM. siles capable of reaching the United States. oversight of the Program from the Under Sec- (a) REQUIREMENTS RELATING TO COMPETI- (4) Russia’s increased reliance on nuclear retary to the Secretary. TION.—Section 2525(d)(1) of title 10, United forces to compensate for the decline of its con- (2) Oversight of the Program shall be trans- States Code, is amended— ventional forces and uncertainty regarding com- ferred pursuant to the plan submitted under (1) by inserting ‘‘(A)’’ after ‘‘(1)’’; and mand and control of those nuclear forces in- paragraph (1) not later than 60 days after the (2) by adding at the end the following new crease the possibility of an accidental or unau- date of the submission of the notice required subparagraph: thorized launch of Russian ballistic missiles. under section 152(f)(2) of the National Defense ‘‘(B) For each grant awarded and each con- (5) The United States could be deterred from Authorization Act for Fiscal Year 1996 (Public tract, cooperative agreement, or other trans- effectively promoting or protecting its national Law 104–106; 110 Stat. 214; 50 U.S.C. 1521(f)(2)). action entered into on a cost-share basis under interests around the world if any State or terri- (c) PLAN FOR PILOT PROGRAM.—If the Sec- the program, the ratio of contract recipient cost tory of the United States is vulnerable to long- retary of Defense proceeds with a pilot program to Government cost shall be determined by com- range ballistic missiles deployed by nations hos- under section 152(f) of the National Defense Au- petitive procedures. For a project for which the tile to the United States. thorization Act for Fiscal Year 1996 (Public Law Government receives an offer from only one of- (b) SENSE OF CONGRESS CONCERNING NATIONAL 104–106; 110 Stat. 214; 50 U.S.C. 1521(f)), the Sec- feror, the contracting officer shall negotiate the MISSILE DEFENSE POLICY.—It is the sense of retary shall prepare a plan for the pilot program ratio of contract recipient cost to Government Congress that— and shall submit to Congress a report on such cost that represents the best value to the Gov- (1) any national missile defense system de- plan (including information on the cost of, and ernment.’’. ployed by the United States must provide effec- schedule for, implementing the pilot program). (b) REQUIREMENTS RELATING TO COST SHARE tive defense against limited, accidental, or un- (d) MANAGEMENT OF PROGRAM.—The Program WAIVERS.—Section 2525(d)(2) of such title is authorized ballistic missile attack for all 50 shall be managed independently of the baseline amended— States; and H3510 CONGRESSIONAL RECORD — HOUSE May 20, 1998 (2) the territories of the United States should specified in subsection (a) shall include requests $150,000,000 is authorized to be transferred from be afforded effective protection against ballistic for the amounts necessary for the management the National Defense Stockpile Transaction missile attack. and support of the programs, projects, and ac- Fund to operation and maintenance accounts SEC. 232. LIMITATION ON FUNDING FOR THE ME- tivities contained in that program element.’’. for fiscal year 1999 in amounts as follows: DIUM EXTENDED AIR DEFENSE SYS- (2) The table of sections at the beginning of (1) For the Army, $50,000,000. TEM. such chapter is amended by inserting after the (2) For the Navy, $50,000,000. None of the funds appropriated for fiscal year item relating to section 222 the following new (3) For the Air Force, $50,000,000. 1999 for the Ballistic Missile Defense Organiza- item: (b) TREATMENT OF TRANSFERS.—Amounts tion may be obligated for the Medium Extended ‘‘223. Ballistic missile defense programs.’’. transferred under this section— (1) shall be merged with, and be available for Air Defense System (MEADS) until the Sec- (b) REPEAL OF SUPERSEDED PROVISION.—Sec- the same purposes and the same period as, the retary of Defense certifies to Congress that the tion 251 of the National Defense Authorization amounts in the accounts to which transferred; future-years defense plan includes sufficient Act for Fiscal Year 1996 (Public Law 104–106; 10 and programmed funding for that system to complete U.S.C. 221 note) is repealed. the design and development phase. If the Sec- (2) may not be expended for an item that has TITLE III—OPERATION AND retary does not submit such a certification by been denied authorization of appropriations by MAINTENANCE January 1, 1999, then (effective as of that date) Congress. the funds appropriated for fiscal year 1999 for Subtitle A—Authorization of Appropriations (c) RELATIONSHIP TO OTHER TRANSFER AU- the Ballistic Missile Defense Organization that SEC. 301. OPERATION AND MAINTENANCE FUND- THORITY.—The transfer authority provided in are allocated for the MEADS program shall be ING. this section is in addition to the transfer author- available to support modification of the Patriot Funds are hereby authorized to be appro- ity provided in section 1001. Advanced Capability–3, Configuration 3, so as priated for fiscal year 1999 for the use of the SEC. 305. REFURBISHMENT OF M1–A1 TANKS. to support the requirement for mobile theater Armed Forces and other activities and agencies Of the amount authorized to be appropriated missile defense to be met by the MEADS system. of the Department of Defense for expenses, not pursuant to section 301(1) for operation and SEC. 233. LIMITATION ON FUNDING FOR COOPER- otherwise provided for, for operation and main- maintenance for the Army, $31,000,000 shall be ATIVE BALLISTIC MISSILE DEFENSE tenance, in amounts as follows: available only for the refurbishment of up to 70 PROGRAMS. (1) For the Army, $16,339,700,000. M1–A1 tanks under the AIM-XXI program. Of the funds appropriated for fiscal year 1999 (2) For the Navy, $21,839,328,000. (3) For the Marine Corps, $2,539,703,000. SEC. 306. OPERATION OF PREPOSITIONED FLEET, for the Russian-American Observational Sat- NATIONAL TRAINING CENTER, FORT (4) For the Air Force, $18,816,108,000. ellite (RAMOS) program, $5,000,000 may not be IRWIN, CALIFORNIA. (5) For Defense-wide activities, $10,354,216,000. obligated until the Secretary of Defense certifies (6) For the Army Reserve, $1,197,622,000. Of the amount authorized to be appropriated to Congress that the Department of Defense has (7) For the Naval Reserve, $948,639,000. pursuant to section 301(1) for operation and received detailed information concerning the na- (8) For the Marine Corps Reserve, maintenance for the Army, $60,200,000 shall be ture, extent, and military implications of the $116,993,000. available only to pay costs associated with the transfer of ballistic missile technology from Rus- (9) For the Air Force Reserve, $1,747,696,000. operation of the prepositioned fleet of equipment sian sources to Iran. (10) For the Army National Guard, during training rotations at the National Train- SEC. 234. LIMITATION ON FUNDING FOR $2,464,815,000. ing Center, Fort Irwin, California. COUNTERPROLIFERATION SUPPORT. (11) For the Air National Guard, SEC. 307. RELOCATION OF USS WISCONSIN. None of the funds appropriated for fiscal year $3,096,933,000. Of the amount authorized to be appropriated 1999 for counterproliferation support in Program (12) For the Defense Inspector General, pursuant to section 301(2) for operation and Element 63160BR may be obligated until the Sec- $130,764,000. maintenance for the Navy, $6,000,000 may be retary of Defense submits to Congress the report (13) For the United States Court of Appeals available for the purpose of relocating the USS required by section 234 of the National Defense for the Armed Forces, $7,324,000. WISCONSIN, which is currently in a reserve Authorization Act for Fiscal Year 1998 (Public (14) For Environmental Restoration, Army, status at the Norfolk Naval Shipyard, Virginia, Law 105–85; 111 Stat. 1664; 50 U.S.C. 2367) to be $377,640,000. to a suitable location in order to increase avail- submitted not later than January 30, 1998. (15) For Environmental Restoration, Navy, able berthing space at the shipyard. $281,600,000. SEC. 235. BALLISTIC MISSILE DEFENSE PROGRAM SEC. 308. FISHER HOUSE TRUST FUNDS. ELEMENTS. (16) For Environmental Restoration, Air Force, $379,100,000. Funds are hereby authorized to be appro- (a) BMD PROGRAM ELEMENTS.—(1) Chapter 9 (17) For Environmental Restoration, Defense- priated for fiscal year 1999, out of funds in Fish- of title 10, United States Code, is amended by in- wide, $26,091,000. er House Trust Funds not otherwise appro- serting after section 222 the following new sec- (18) For Environmental Restoration, Formerly priated, for the operation of Fisher houses de- tion: Used Defense Sites, $195,000,000. scribed in section 2221(d) of title 10, United ‘‘§ 223. Ballistic missile defense programs (19) For Overseas Humanitarian, Disaster, States Code, as follows: ‘‘(a) PROGRAM ELEMENTS SPECIFIED.—In the and Civic Aid programs, $47,311,000. (1) From the Fisher House Trust Fund, De- budget justification materials submitted to Con- (20) For Drug Interdiction and Counter-drug partment of the Army, $250,000 for Fisher houses gress in support of the Department of Defense Activities, Defense-wide, $727,582,000. that are located in proximity to medical treat- budget for any fiscal year (as submitted with (21) For the Kaho’olawe Island Conveyance, ment facilities of the Army. the budget of the President under section Remediation, and Environmental Restoration (2) From the Fisher House Trust Fund, De- 1105(a) of title 31), the amount requested for ac- Trust Fund, $15,000,000. partment of the Navy, $150,000 for Fisher houses tivities of the Ballistic Missile Defense Organi- (22) For Defense Health Program, that are located in proximity to medical treat- zation shall be set forth in accordance with the $9,663,035,000. ment facilities of the Navy. following program elements: (23) Former Soviet Union Threat Reduction (3) From the Fisher House Trust Fund, De- ‘‘(1) The Patriot system. programs, $417,400,000. partment of the Air Force, $150,000 for Fisher ‘‘(2) The Navy Area system. (24) For Overseas Contingency Operations houses that are located in proximity to medical ‘‘(3) The Theater High-Altitude Area Defense Transfer Fund, $746,900,000. treatment facilities of the Air Force. system. SEC. 302. WORKING CAPITAL FUNDS. Subtitle B—Information Technology Issues ‘‘(4) The Navy Theater Wide system. Funds are hereby authorized to be appro- SEC. 311. ADDITIONAL INFORMATION TECH- ‘‘(5) The Medium Extended Air Defense Sys- priated for fiscal year 1999 for the use of the NOLOGY RESPONSIBILITIES OF tem. Armed Forces and other activities and agencies CHIEF INFORMATION OFFICERS. ‘‘(6) Joint Theater Missile Defense. of the Department of Defense for providing cap- (a) IN GENERAL.—(1) Chapter 131 of title 10, ‘‘(7) National Missile Defense. ital for working capital and revolving funds in United States Code, is amended by adding at the ‘‘(8) Support Technologies. amounts as follows: end the following new section: ‘‘(9) Family of Systems Engineering and Inte- (1) For the Defense Working Capital Funds, ‘‘§ 2223. Information technology: additional gration. $1,076,571,000. ‘‘(10) Ballistic Missile Defense Technical Op- (2) For the National Defense Sealift Fund, responsibilities of Chief Information Offi- erations. $669,566,000. cers ‘‘(11) Threat and Countermeasures. SEC. 303. ARMED FORCES RETIREMENT HOME. ‘‘(b) ADDITIONAL RESPONSIBILITIES.—In addi- ‘‘(12) International Cooperative Programs. There is hereby authorized to be appropriated tion to the responsibilities provided for in chap- ‘‘(b) TREATMENT OF MAJOR DEFENSE ACQUISI- for fiscal year 1999 from the Armed Forces Re- ter 35 of title 44 and in section 5125 of the TION PROGRAMS.—Amounts requested for Thea- tirement Home Trust Fund the sum of Clinger-Cohen Act of 1996 (40 U.S.C. 1425)— ter Missile Defense and National Missile De- $70,745,000 for the operation of the Armed ‘‘(1) the Chief Information Officer of the De- fense major defense acquisition programs shall Forces Retirement Home, including the United partment of Defense, with respect to the ele- be specified in individual, dedicated program States Soldiers’ and Airmen’s Home and the ments of the Department of Defense other than elements, and amounts appropriated for those Naval Home. the military departments, shall— programs shall be available only for Ballistic SEC. 304. TRANSFER FROM NATIONAL DEFENSE ‘‘(A) review and provide recommendations to Missile Defense activities. STOCKPILE TRANSACTION FUND. the Secretary of Defense on Department of De- ‘‘(c) MANAGEMENT AND SUPPORT.—The (a) TRANSFER AUTHORITY.—To the extent pro- fense budget requests for information tech- amount requested for each program element vided in appropriations Acts, not more than nology and national security systems; May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3511 ‘‘(B) ensure the interoperability of informa- technology and national security programs de- for which the renovation phase of year 2000 tion technology and national security systems scribed in such subsection, unless an alternative conversion is not completed by December 30, throughout the Department of Defense; and use of the funds is specifically approved by a 1998. ‘‘(C) ensure that information technology and law enacted after the date of the enactment of (2) A evaluation of the effect of subsection (a) national security systems standards that will the law originally authorizing the funds. on the year 2000 conversion success rate. apply throughout the Department of Defense (b) COVERED PROGRAMS AND AMOUNTS.—The (3) A list of each information technology and are prescribed; and information technology and national security national security system covered by subsection ‘‘(2) the Chief Information Officer of each programs referred to in subsection (a), and the (a)(1) that will not achieve year 2000 compliance military department, with respect to the military amounts to be available for each program, are by September 30, 1999. department concerned, shall— the following: (4) An explanation of how the military depart- ‘‘(A) review budget requests for all informa- (1) The Force XXI program of the Army, ments, the Joint Chiefs of Staff, and Defense tion technology and national security systems; $360,000,000. Agencies are applying the definition of mission ‘‘(B) ensure that information technology and (2) The Information Technology for the 21st critical. national security systems are in compliance with Century programs of the Navy, $472,000,000. (5) Recommendations regarding the manner in standards of the Government and the Depart- (3) The Communications Infrastructure pro- which funding could best be allocated to achieve ment of Defense; grams of the Air Force, $228,500,000. year 2000 compliance for the greatest number of ‘‘(C) ensure that information technology and (4) The Telecom and Computing Infrastruc- information technology and national security national security systems are interoperable with ture programs of the Marine Corps, $93,000,000. systems covered by subsection (a)(1). other relevant information technology and na- (c) DEFINITIONS.—In this section: (e) DEFINITIONS.—In this section: tional security systems of the Government and (1) The term ‘‘information technology’’ has (1) The term ‘‘information technology’’ has the Department of Defense; the meaning given that term in section 5002 of the meaning given that term in section 5002 of ‘‘(D) provide for the elimination of duplicate the Clinger-Cohen Act of 1996 (40 U.S.C. 1401). the Clinger-Cohen Act of 1996 (40 U.S.C. 1401). information technology and national security (2) The term ‘‘national security system’’ has (2) The term ‘‘national security system’’ has systems within and between the military depart- the meaning given that term in section 5142 of the meaning given that term in section 5142 of ments and Defense Agencies; and the Clinger-Cohen Act of 1996 (40 U.S.C. 1452). the Clinger-Cohen Act of 1996 (40 U.S.C. 1452). ‘‘(E) coordinate with the Joint Staff with re- SEC. 314. PRIORITY FUNDING TO ENSURE YEAR (3) The term ‘‘mission critical’’ means an in- spect to information technology and national se- 2000 COMPLIANCE OF MISSION CRIT- formation technology or national security sys- curity systems. ICAL INFORMATION TECHNOLOGY tem of the Department of Defense identified as AND NATIONAL SECURITY SYSTEMS. ‘‘(b) DEFINITIONS.—In this section: mission critical in the table prepared by the ‘‘(1) The term ‘Chief Information Officer’ (a) FUNDS FOR COMPLETION OF YEAR 2000 Joint Chiefs of Staff entitled ‘‘Mission Critical means the senior official designated by the Sec- CONVERSION.—(1) Of the amounts authorized to Systems (All Services/Agencies)’’, dated March retary of Defense or a Secretary of a military be appropriated pursuant to this Act for infor- 20, 1998, or in the table printed by the Defense department pursuant to section 3506 of title 44. mation technology and national security sys- Integrated Support Tool entitled ‘‘Year 2000 In- ‘‘(2) The term ‘information technology’ has tems of the Department of Defense designated as formation on Mission Critical Systems’’, dated the meaning given that term by section 5002 of mission critical, not more than 25 percent may March 19, 1998. the Clinger-Cohen Act of 1996 (40 U.S.C. 1401). be used to fund activities unrelated to ensuring (4) The terms ‘‘awareness’’, ‘‘assessment’’, ‘‘(3) The term ‘national security system’ has that the awareness, assessment, and renovation ‘‘renovation’’, and ‘‘validation’’ have the mean- the meaning given that term by section 5142 of phases of year 2000 conversion for such informa- ings given the terms in the Department of De- the Clinger-Cohen Act of 1996 (40 U.S.C. 1452).’’. tion technology and national security systems fense ‘‘Year 2000 Management Plan’’, version (2) The table of sections at the beginning of are completed. 1.0, released in April 1997. such chapter is amended by adding at the end (2) Of the amounts authorized to be appro- SEC. 315. EVALUATION OF YEAR 2000 COMPLI- the following new item: priated pursuant to this Act for information ANCE AS PART OF TRAINING EXER- technology and national security systems of the CISES PROGRAMS. ‘‘2223. Information technology: additional re- Department of Defense (other than information (a) REPORT ON EVALUATION PLAN.—Not later sponsibilities of Chief Information technology and national security systems cov- than December 15, 1998, the Secretary of Defense Officers.’’. ered by paragraph (1)), not less than shall submit to Congress a report containing a (b) EFFECTIVE DATE.—Section 2223 of title 10, $1,000,000,000 shall be available only for transfer plan to include a simulated year 2000 as part of United States Code, as added by subsection (a), to support activities to ensure that the aware- the military exercises described in subsection (b) shall take effect on October 1, 1998. ness, assessment, renovation, and validation in order to evaluate, in an operational environ- SEC. 312. DEFENSE-WIDE ELECTRONIC MALL SYS- phases of year 2000 conversion for information ment, the extent to which information tech- TEM FOR SUPPLY PURCHASES. technology and national security systems cov- nology and national security systems involved (a) ELECTRONIC MALL SYSTEM.—In this sec- ered by paragraph (1) are completed. in the exercises will successfully operate, includ- tion, the term ‘‘electronic mall system’’ means (b) EXCEPTIONS.—(1) This section does not ing the ability of the systems to access and an electronic system for displaying, ordering, apply to or affect funding for information tech- transmit information from point of origin to and purchasing supplies and materiel available nology and national security programs identi- point of termination, during the actual year from sources within the Department of Defense fied in section 313(b). 2000. and from the private sector. (2) The Secretary of Defense may authorize (b) COVERED MILITARY EXERCISES.—A mili- (b) DEVELOPMENT AND MANAGEMENT.—Using expenditures in excess of the 25 percent limita- tary exercise referred to in subsection (a) is a existing systems and technology available in the tion specified in subsection (a)(1) if the Sec- military exercise conducted by the Department Department of Defense, the Defense Logistics retary determines that additional expenditures of Defense, during the period beginning on Jan- Agency shall develop a single, defense-wide elec- are required to prevent the failure of the infor- uary 1, 1999, and ending on September 30, 1999— tronic mall system. The Defense Logistics Agen- mation technology or national security system (1) under the training exercises program cy shall be responsible for the management of and provides prior notice to Congress of the rea- known as the ‘‘CJCS Exercise Program’’; the resulting electronic mall system. The Sec- sons for the additional expenditures. (2) at the Naval Strike and Air Warfare Cen- retary of each military department and the head (c) TERMINATION.—(1) On the date on which ter, the Army National Training Center, or the of each Defense Agency shall provide to the De- the Secretary of Defense determines that the Air Force Air Warfare Center; or fense Logistics Agency the necessary and re- year 2000 renovation phase has been completed (3) as part of Naval Carrier Group fleet train- quested data to support the development and for a particular information technology or na- ing or Marine Corps Expeditionary Unit train- operation of the electronic mall system. tional security system covered by paragraph (1) ing. (c) IMPLEMENTATION DATE.—The electronic of subsection (a), such paragraph shall cease to (c) ELEMENTS OF REPORT.—The report under mall system shall be operational and available apply to that information technology or na- subsection (a) shall include the following: throughout the Department of Defense not later tional security system. (1) A list of all military exercises described in than June 1, 1999. After that date, a military de- (2) Paragraph (2) of such subsection shall subsection (b) to be conducted during the period partment or Defense Agency (other than the De- cease to apply on the date on which the Sec- specified in such subsection. fense Logistics Agency) may not develop or op- retary of Defense determines that all of the in- (2) A description of the manner in which the erate an electronic mall system. formation technology and national security sys- year 2000 will be simulated for information tech- SEC. 313. PROTECTION OF FUNDING PROVIDED tems covered by paragraph (1) of such sub- nology and national security systems involved FOR CERTAIN INFORMATION TECH- section are fully funded through the validation in each military exercise. NOLOGY AND NATIONAL SECURITY phase of year 2000 conversion, have an estab- (3) The duration of the year 2000 simulation in PROGRAMS. lished contingency plan, and have completed a each military exercise. (a) USE FOR SPECIFIED PURPOSES.—Of the point of origin to point of execution evaluation. (4) The methodology to be used in turning amounts authorized to be appropriated to the (d) COMPTROLLER GENERAL REVIEW.—Not over the information technology and national Department of Defense for fiscal years 1999, later than January 30, 1999, the Comptroller security systems to the year 2000 in order to best 2000, and 2001 for information technology and General shall submit to Congress a briefing con- identify those systems that fail to operate reli- national security programs of the Department of taining the following: ably during the military exercise. Defense, not less than the amount specified in (1) Separate lists of each information tech- (5) A list of the information technology and subsection (b) shall be available for each such nology and national security system of the De- national security systems excluded from the fiscal year for the purposes of the information partment of Defense covered by subsection (a)(1) plan under subsection (d)(1), including how the H3512 CONGRESSIONAL RECORD — HOUSE May 20, 1998

military exercise will utilize an excluded sys- (e) LIMITATION.—The authorization provided ‘‘(iii) the costs and expenditures which the tem’s year 2000 contingency plan. in this section shall not be construed as setting Government would incur (in addition to the (6) A list of the exercises and information a precedent for payment under a treaty of an amount of the contract) because of the award of technology and national security systems ex- environmental claim made by another nation, such a contract. cluded from the plan under subsection (d)(2), unless the Senate has given its consent to the ‘‘(B) An examination of the potential eco- and a description of the effect that continued ratification of the treaty. nomic effect of performance of the function by a year 2000 noncompliance of the systems would SEC. 322. REMOVAL OF UNDERGROUND STORAGE private contractor— have on military readiness. TANKS. ‘‘(i) on employees who would be affected by (d) EXCLUSIONS.—(1) Subsection (a) shall not Of the amount authorized to be appropriated such a change in performance; and apply to an information technology or national pursuant to section 301(18) (relating to environ- ‘‘(ii) on the local community and the Govern- security system if the Secretary of Defense de- mental restoration of formerly used defense ment, if more than 75 employees perform the termines that the system will be incapable of sites), the Secretary of the Army may use not function. performing reliably during the year 2000 simula- more than $150,000 for the removal of under- ‘‘(C) An examination of the effect of perform- tion portion of the military exercise. In the case ground storage tanks at the Authorities Allied ance of the function by a private contractor on of each excluded system, the system may not be Industrial Park, Macon, Georgia. the military mission of the function. ‘‘(4) If the commercial or industrial type func- used during the period of the year 2000 simula- Subtitle D—Defense Infrastructure Support tion at issue involves a working-capital fund in tion. Instead, the excluded system shall be re- Improvement placed by the year 2000 contingency plan for the the Department of Defense and the study con- SEC. 331. REPORTING AND STUDY REQUIRE- system. cerns the possible procurement by a requisition- MENTS BEFORE CHANGE OF COM- ing agency of services or supplies from a private (2) If the mission of a military exercise will be MERCIAL AND INDUSTRIAL TYPE seriously hampered by the number of informa- FUNCTIONS TO CONTRACTOR PER- contractor instead of the working-capital fund, tion technology and national security systems FORMANCE. in lieu of the comparison required by paragraph covered by paragraph (1), the Secretary of De- (a) IN GENERAL.—Section 2461 of title 10, (3), the study shall include a comparison of the fense may exclude the entire exercise from the United States Code, is amended— sources of the services or supplies to determine requirements of subsection (a). (1) by redesignating subsection (c) as sub- which source is more cost-effective for the req- (3) Subsection (a) shall not apply to an infor- section (h) and transferring such subsection to uisitioning agency. mation technology or national security system appear after subsection (g); and ‘‘(5) An individual or entity at a facility with cryptological applications. (2) by striking out subsections (a) and (b) and where a commercial or industrial type function (4) If the decision to exclude a military exer- inserting in lieu thereof the following new sub- is studied for possible change in performance cise or information technology or national secu- sections: may raise an objection to the study on the rity system is made under paragraph (1) or (2) ‘‘(a) REPORTING AND STUDY REQUIREMENTS AS grounds that the report required under para- after the date of the submission of the report re- PRECONDITION TO CHANGE IN PERFORMANCE.—A graph (1) as a precondition for the study does quired by subsection (a), the Secretary of De- commercial or industrial type function of the not contain the certification required by sub- fense shall notify Congress of the exclusion not Department of Defense that, as of October 1, paragraph (E) of such paragraph. The objection later than two weeks before commencing the 1980, was being performed by Department of De- may be raised at any time during the course of military exercise. The notification shall include fense civilian employees may not be changed to the study, shall be in writing, and shall be sub- the information required under paragraph (5) or performance by a private contractor or changed mitted to the Secretary of Defense. If the Sec- (6) of subsection (c), depending on whether the to procurement through a private contractor retary determines that the certification was exclusion covers the entire exercise or particular until the Secretary of Defense fully complies omitted, the commercial or industrial type func- information technology and national security with the reporting and study requirements spec- tion covered by the study may not be the subject systems. ified in subsections (b) and (c). of request for proposal or award of a contract (e) COMPTROLLER GENERAL REVIEW.—Not ‘‘(b) NOTIFICATION AND ELEMENTS OF until a certification is made that fully complies later than January 30, 1999, the Comptroller STUDY.—(1) Before commencing to study a com- with paragraph (1)(E) and the other require- General shall review the report and plan submit- mercial or industrial type function described in ments of this section are satisfied. ted under subsection (a) and submit to Congress subsection (a) for possible change to perform- ‘‘(c) NOTIFICATION OF DECISION.—(1) If, as a a briefing evaluating the methodology to be used ance by a private contractor or possible change result of the completion of a study under sub- under the plan to simulate the year 2000, de- to procurement through a private contractor, section (b)(3), a decision is made to change the scribing the potential information that will be the Secretary of Defense shall submit to Con- commercial or industrial type function that was collected as a result of implementation of the gress a report containing the following: the subject of the study to performance by a pri- plan, and describing the impact that the plan ‘‘(A) The function to be studied for possible vate contractor or to procurement through a pri- will have on military readiness. change. vate contractor, the Secretary of Defense shall (f) DEFINITIONS.—In this section: ‘‘(B) The location at which the function is submit to Congress a report describing that deci- (1) The term ‘‘information technology’’ has performed by Department of Defense civilian sion. The report shall— the meaning given that term in section 5002 of employees. ‘‘(A) indicate that the study under subsection the Clinger-Cohen Act of 1996 (40 U.S.C. 1401). ‘‘(C) The number of civilian employee posi- (b)(3) has been completed; ‘‘(B) certify that the Government calculation (2) The term ‘‘national security system’’ has tions potentially affected. ‘‘(D) The anticipated length and cost of the for the cost of performance of the function by the meaning given that term in section 5142 of study. Department of Defense civilian employees is the Clinger-Cohen Act of 1996 (40 U.S.C. 1452). ‘‘(E) A certification that the performance of based on an estimate of the most efficient and Subtitle C—Environmental Provisions the commercial or industrial type function by ci- cost effective organization for performance of SEC. 321. AUTHORIZATION TO PAY NEGOTIATED vilian employees of the Department of Defense is the function by Department of Defense civilian SETTLEMENT FOR ENVIRONMENTAL not precluded due to any constraint or limita- employees; CLEANUP AT FORMER DEPARTMENT tion in terms of man years, end strengths, full- ‘‘(C) certify that the comparison required by OF DEFENSE SITES IN CANADA. time equivalent positions, or maximum number subsection (b)(3)(A) (or alternatively by sub- (a) AUTHORIZATION.—To the extent provided of employees. section (b)(4)) as part of the study demonstrates in appropriations Acts, the Secretary of Defense ‘‘(2) The responsibility of the Secretary of De- that the performance of the function by a pri- may pay an amount to the Government of Can- fense to submit the report required under para- vate contractor or procurement of the function ada of not more than $100,000,000 (in fiscal year graph (1) may be delegated only to senior acqui- through a private contractor will result in sav- 1996 constant dollars), for purposes of imple- sition executives or higher officials for the mili- ings to the Government over the life of the con- menting the October 1996 negotiated settlement tary departments and the Defense Agencies. tract; between the United States and Canada relating ‘‘(3) The study of a commercial or industrial ‘‘(D) certify that the entire comparison is to environmental cleanup at various sites in type function for possible change in perform- available for examination; and Canada that were formerly used by the Depart- ance shall include the following: ‘‘(E) contain a timetable for completing ment of Defense. ‘‘(A) A comparison of the cost of performance change of the function to contractor perform- (b) METHOD OF PAYMENT.—The amount au- of the function by Department of Defense civil- ance. thorized by subsection (a) shall be paid in 10 an- ian employees and by private contractor to dem- ‘‘(2) The actual change of the function to con- nual payments, with the first payment made onstrate whether change to performance by a tractor performance may not begin until after from amounts appropriated for fiscal year 1998. private contractor or change to procurement the submission of the report required by this (c) FISCAL YEAR 1998 PAYMENT.—The payment through a private contractor will result in sav- subsection.’’. under this section for fiscal year 1998 shall be ings to the Government over the life of the con- (b) CONFORMING AMENDMENTS.—(1) Sub- made from amounts appropriated pursuant to tract, including in the comparison— sections (e)(2) and (f)(1) of such section are section 301(5) of the National Defense Author- ‘‘(i) the amount estimated by the Secretary of amended by striking out ‘‘converted’’ and in- ization Act for Fiscal Year 1998 (Public Law Defense (based on bids received) to be the serting in lieu thereof ‘‘changed’’. 105–85; 111 Stat. 1669). amount of a contract for performance of the (2) Subsection (f)(2) of such section is amend- (d) FISCAL YEAR 1999 PAYMENT.—The pay- function by a private contractor; ed by striking out ‘‘conversion’’ and inserting in ment under this section for fiscal year 1999 shall ‘‘(ii) the cost to the Government of Depart- lieu thereof ‘‘change’’. be made from amounts appropriated pursuant to ment of Defense civilian employees performing (c) EFFECTIVE DATE.—The amendments made section 301(5). the function; and by this section shall take effect on the date of May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3513 the enactment of this Act but shall not apply and provide services, or manage and perform re- (2) The C–17 aircraft achieved initial oper- with respect to conversion of a function of the search, on behalf of the Department of Defense ational capability in January 1995 and will com- Department of Defense to performance by a pri- on a frequent, regular basis, for users within the plete the significant fourth year of its oper- vate contractor concerning which the Secretary Department on request. The term includes con- ational capability in January 1999. of Defense provided to Congress, before the date tracts commonly referred to as prime vendor (3) As provided in section 2464(a)(3) of title 10, of the enactment of this Act, a notification support contracts, flexible sustainment con- United States Code, the C–17 aircraft is a weap- under paragraph (1) of section 2461(a) of title tracts, and direct vendor delivery contracts. on system that is ‘‘necessary to enable the 10, United States Code, as in effect on the day (b) CONDITIONS ON EXPANDED USE.—If the armed forces to fulfill the strategic and contin- before the date of the enactment of this Act. Secretary of Defense or the Secretary of a mili- gency plans prepared by the Chairman of the SEC. 332. CLARIFICATION OF REQUIREMENT TO tary department proposes to enter into a prime Joint Chiefs of Staff’’. MAINTAIN GOVERNMENT-OWNED vendor contract for a hardware system, includ- (4) The depot-level maintenance and repair of AND GOVERNMENT-OPERATED CORE ing the performance or management of depot- such a weapon system must be performed at LOGISTICS CAPABILITY. level maintenance and repair (as defined in sec- Government-owned, Government-operated facili- Section 2464 of title 10, United States Code, is tion 2460 of title 10, United States Code) or logis- ties of the Department of Defense in order to amended by adding at the end the following tics management responsibilities, the Secretary maintain the core logistics capabilities of the new subsection: may not enter into the prime vendor contract Department of Defense, as required under such ‘‘(c) RULE OF CONSTRUCTION.—The require- until the end of the 60-day period beginning on section 2464. ment under subsection (a) that the Department the date on which the Secretary submits to Con- (5) The sole-source contract entered into in of Defense maintain a core logistics capability gress a report, specific to that proposal, that— January 1998 regarding the depot-level mainte- that is Government-owned and Government-op- (1) describes the competitive procedures to be nance and repair of C–17 aircraft and related erated is not satisfied when a core logistics used to award the prime vendor contract; tasks, known as the Interim Contract for the C– workload is converted to contractor performance (2) evaluates the effect of the prime vendor 17 Flexible Sustainment Program, does not meet even though the actual performance of the contract on working-capital funds in the De- the requirements of law. workload will be carried out in a Government- partment of Defense; and (b) PLAN REQUIRED.—Not later than March 1, owned, Government-operated facility of the De- (3) contains a cost/benefit analysis that dem- 1999, the Secretary of the Air Force shall submit partment of Defense as a subcontractor of the onstrates that use of the prime vendor contract to Congress a plan for the establishment of the private contractor. Nothing in section 2474 of will result in savings to the Government over the core logistics capabilities for the C–17 aircraft this title or section 337 of the National Defense life of the contract. consistent with the requirements of section 2464 (c) COMPTROLLER GENERAL REVIEW.—During Authorization Act for Fiscal Year 1995 (Public of title 10, United States Code. the waiting period provided in subsection (b) for Law 103–337; 108 Stat. 2717) authorizes the use (c) EFFECT ON EXISTING CONTRACT.—After a proposed prime vendor contract, the Comptrol- of subcontracts as a means to provide workloads March 1, 1999, the Secretary of the Air Force ler General shall review the report submitted to Government-owned, Government-operated fa- may not extend the Interim Contract for the C– under subsection (b) with respect to that con- cilities of the Department of Defense in order to 17 Flexible Sustainment Program until after the tract and submit to Congress a report regard- satisfy paragraph (4) of subsection (a).’’. end of the 60-day period beginning on the date SEC. 333. OVERSIGHT OF DEVELOPMENT AND IM- ing— (1) whether the cost savings to the Govern- the plan required by subsection (b) is received PLEMENTATION OF AUTOMATED by Congress. IDENTIFICATION TECHNOLOGY. ment identified in the report submitted under (d) COMPTROLLER GENERAL REVIEW.—During (a) SMARTCARD PROGRAM DEFINED.—In this subsection (b) are achievable; and (2) whether use of a prime vendor contract the period specified in subsection (c), the Comp- section, the term ‘‘smartcard program’’ means troller General shall review the plan required an automated identification technology pro- will comply with the requirements of chapter 146 of title 10, United States Code, applicable to under subsection (b) and submit to Congress a gram, including any pilot program, employing report evaluating the merits of the plan. one or more of the following technologies: depot-level maintenance and repair. (1) Magnetic stripe. (d) RELATIONSHIP TO OTHER LAWS.—Nothing SEC. 338. CONTRACTOR-OPERATED CIVIL ENGI- (2) Bar codes, both linear and two-dimen- in this section shall be construed to exempt a NEERING SUPPLY STORES PRO- GRAM. sional (including matrix symbologies). prime vendor contract from the requirements of (a) DEFINITIONS.—In this section: (3) Smartcard. section 2461 of title 10, United States Code, or (4) Optical memory. any other provision of chapter 146 of such title. (1) The term ‘‘contractor-operated civil engi- (5) Personal computer memory card inter- SEC. 335. CLARIFICATION OF DEFINITION OF neering supply store’’ means a Government- national association carriers. DEPOT-LEVEL MAINTENANCE AND owned facility that, as of the date of the enact- (6) Other established or emerging automated REPAIR. ment of this Act, is operated by a contractor identification technologies, including biometrics Section 2460(a) of title 10, United States Code, under the contractor-operated civil engineering and radio frequency identification. is amended by inserting before the period at the supply store (COCESS) program of the Depart- (b) OVERSIGHT RESPONSIBILITY.—(1) The end of the first sentence the following: ‘‘or the ment of the Air Force for the purpose of— Smartcard Technology Office established in the location at which the maintenance or repair is (A) maintaining inventories of civil engineer- Defense Human Resources Field Activity of the performed’’. ing supplies on behalf of a military department; Department of Defense shall be responsible for— SEC. 336. CLARIFICATION OF COMMERCIAL ITEM and (A) overseeing the development and implemen- EXCEPTION TO REQUIREMENTS RE- (B) furnishing such supplies to the depart- tation of all smartcard programs in the Depart- GARDING CORE LOGISTICS CAPA- ment as needed. BILITIES. ment; and (2) The term ‘‘civil engineering supplies’’ Section 2464(a)(5) of title 10, United States (B) coordinating smartcard programs with the means parts and supplies needed for the repair Code, is amended— and maintenance of military installations. Joint Staff, the Secretaries of the military de- (1) by inserting ‘‘(A)’’ after ‘‘(5)’’; (b) FINDINGS.—Congress finds the following: partments, and the directors of the Defense (2) by adding at the end of subparagraph (A), (1) In 1970, the Strategic Air Command of the Agencies. as so designated, the following: ‘‘The determina- Air Force began to use contractor-operated civil (2) After the date of the enactment of this Act, tion of whether a modification is minor shall be engineering supply stores to improve the effi- funds appropriated for the Department of De- based on a comparison of only the critical sys- ciency and effectiveness of materials manage- fense may not be obligated for a smartcard pro- tems of the version sold in the commercial mar- ment and relieve the Air Force from having to gram unless the program is reviewed and ap- ketplace and the version purchased by the Gov- maintain large inventories of civil engineering proved by the Smartcard Technology Office. The ernment, and a modification may not be consid- supplies. review and approval before that date of a ered to be minor unless at least 90 percent of the (2) Contractor-operated civil engineering sup- smartcard program by the Office is sufficient to total content by component value remains iden- ply stores are designed to support the civil engi- satisfy the requirements of this paragraph. tical.’’; and neering and public works efforts of the Armed (c) TYPES OF OVERSIGHT.—As part of its over- (3) by adding at the end the following new Forces through the provision of quality civil en- sight responsibilities, the Smartcard Technology subparagraph: Office shall establish standards designed— ‘‘(B) In this paragraph, the term ‘substantial gineering supplies at competitive prices and (1) to ensure the compatibility and interoper- quantities’ means, with respect to determining within a reasonable period of time. ability of smartcard programs in the Department whether an item is a commercial item, that pur- (3) Through the use of a contractor-operated of Defense; and chases and leases of the item to the general pub- civil engineering supply store, a guaranteed in- (2) to identify and terminate redundant, lic constitute the majority of all transactions in- ventory level of civil engineering supplies is unfeasible, or uneconomical smartcard pro- volving the item at the time the exception under maintained at a military installation, which en- grams. paragraph (3) is proposed to be exercised.’’. sures that urgently needed civil engineering supplies are available on site. SEC. 334. CONDITIONS ON EXPANSION OF FUNC- SEC. 337. DEVELOPMENT OF PLAN FOR ESTAB- TIONS PERFORMED UNDER PRIME LISHMENT OF CORE LOGISTICS CA- (4) The contractor operating the contractor- VENDOR CONTRACTS. PABILITIES FOR MAINTENANCE AND operated civil engineering supply store is an (a) PRIME VENDOR CONTRACT DEFINED.—For REPAIR OF C–17 AIRCRAFT. independent business organization whose cus- purposes of this section, the term ‘‘prime vendor (a) FINDINGS.—Congress finds the following: tomer is a military department and the Armed contract’’ means an innovative contract that (1) The C–17 aircraft, which is replacing the Forces and who is subject to all the rules of pri- gives a defense contractor the responsibility to C–141 aircraft, will serve as the cornerstone of vate business and the regulations of the Govern- manage, store, and distribute inventory, manage heavy airlift capability of the Armed Forces. ment. H3514 CONGRESSIONAL RECORD — HOUSE May 20, 1998

(5) The use of contractor-operated civil engi- ‘‘(d) SPECIAL RULE FOR DEFENSE COMMISSARY ‘‘1063. Use of commissary stores: members of neering supply stores ensures the best price and AGENCY.—Notwithstanding the results of the Ready Reserve with at least 50 best buy for the Government. periodic review required under subsection (c) creditable points. (6) Ninety-five percent of the cost savings re- with regard to the Defense Commissary Agency, ‘‘1063a. Use of commissary stores and MWR re- alized through the use of contractor-operated the Secretary of Defense may not transfer to the tail facilities: members of National civil engineering supply stores is due to savings Secretary of a military department the respon- Guard serving in federally de- in the cost of actually procuring supplies. sibility to manage and fund the provision of clared disaster. (7) In the past 30 years, private contractors services and supplies provided by the Defense ‘‘1064. Use of commissary stores: persons quali- have never lost a cost comparison conducted Commissary Agency unless the transfer of the fied for retired pay under chapter pursuant to the criteria set forth in Office of management and funding responsibility is spe- 1223 but under age 60.’’. Management and Budget Circular A–76 for the cifically authorized by a law enacted after the SEC. 343. REPEAL OF REQUIREMENT FOR AIR provision of civil engineering supplies to the date of the enactment of the National Defense FORCE TO SELL TOBACCO PROD- Government. Authorization Act for Fiscal Year 1999.’’. UCTS TO ENLISTED PERSONNEL. (c) CONDITIONS ON MULTI-FUNCTION CON- SEC. 342. EXPANSION OF CURRENT ELIGIBILITY (a) REPEAL.—Section 9623 of title 10, United TRACTS.—A civil engineering supplies function OF RESERVES FOR COMMISSARY States Code, is repealed. that is performed, as of the date of the enact- BENEFITS. (b) CLERICAL AMENDMENT.—The table of sec- ment of this Act, by a contractor-operated civil (a) DAYS OF ELIGIBILITY FOR READY RESERVE tions at the beginning of chapter 939 of such engineering supply store may not be combined MEMBERS WITH 50 CREDITABLE POINTS.—Section title is amended by striking out the item relating with another supply function or any service 1063 of title 10, United States Code, is amend- to section 9623. function, including any base operating support ed— SEC. 344. RESTRICTIONS ON PATRON ACCESS TO, function, for purposes of competition or con- (1) by striking out subsection (b); and AND PURCHASES IN, OVERSEAS COM- tracting, until— (2) in subsection (a)— MISSARIES AND EXCHANGE STORES. (1) the Secretary of Defense submits to Con- (A) by striking out ‘‘(1)’’; (a) AUTHORITY TO IMPOSE RESTRICTIONS; LIM- gress a report— (B) by striking out ‘‘12 days of eligibility’’ and ITATIONS ON AUTHORITY.—Chapter 147 of title (A) notifying Congress of the proposed com- inserting in lieu thereof ‘‘24 days of eligibility’’; 10, United States Code, is amended by adding at bined competition or contract; and and the end the following new section: (C) by striking out ‘‘(2) Paragraph (1)’’ and (B) explaining why a combined competition or ‘‘§ 2491. Overseas commissary and exchange inserting in lieu thereof ‘‘(b) EFFECT OF COM- contract is the best method by which to achieve stores: access and purchase restrictions PENSATION OR TYPE OF DUTY.—Subsection (a)’’. cost savings and efficiencies to the Government; (b) DAYS OF ELIGIBILITY FOR RESERVE RETIR- ‘‘(a) GENERAL AUTHORITY.—The Secretary of and EES UNDER AGE 60.—Section 1064 of such title is Defense may establish restrictions on the ability (2) the Comptroller General reviews the report amended by striking out ‘‘for 12 days each cal- of eligible patrons of commissary and exchange and submits to Congress a briefing regarding endar year’’ and inserting in lieu thereof ‘‘for 24 stores located outside of the United States to whether the cost savings and efficiencies identi- days each calendar year’’. purchase certain merchandise items (or the fied in the report are achievable. (c) ELIGIBILITY OF MEMBERS OF NATIONAL quantity of certain merchandise items) other- (d) RELATIONSHIP TO OTHER LAWS.—If a civil GUARD SERVING IN FEDERALLY DECLARED DISAS- wise included within an authorized merchandise engineering supplies function covered by sub- TER.—Chapter 54 of such title is amended by in- category if the Secretary determines that such section (c) is proposed for combination with a serting after section 1063 the following new sec- restrictions are necessary to prevent the resale supply or service function that is subject to the tion: of such merchandise in violation of host nation study and reporting requirements of section 2461 ‘‘§ 1063a. Use of commissary stores and MWR laws or treaty obligations of the United States. of title 10, United States Code, the Secretary of In establishing a quantity or other restriction, Defense may include the report required under retail facilities: members of National Guard serving in federally declared disaster the Secretary shall ensure that the restriction is subsection (c) as part of the report under such consistent with the purpose of the overseas com- ‘‘(a) ELIGIBILITY OF MEMBERS.—A member of section. missary and exchange system to provide reason- the National Guard who, although not in Fed- SEC. 339. REPORT ON SAVINGS AND EFFECT OF able access for eligible patrons to purchase mer- eral service, is called or ordered to duty in re- PERSONNEL REDUCTIONS IN ARMY chandise items made in the United States. MATERIEL COMMAND. sponse to a federally declared disaster shall be ‘‘(b) CONTROLLED ITEM LISTS.—For each loca- permitted to use commissary stores and MWR re- (a) REPORT REQUIRED.—Not later than March tion outside the United States that is served by tail facilities during the period of such duty on 31, 1999, the Comptroller General shall submit to the commissary system or the exchange system, the same basis as members of the armed forces the congressional defense committees a report the Secretary of Defense may maintain a list of on active duty. concerning— controlled merchandise items, except that, after ‘‘(b) ELIGIBILITY OF DEPENDENTS.—A depend- (1) the effect that the proposed personnel re- the date of the enactment of the National De- ent of a member of the National Guard who is ductions in the Army Materiel Command will fense Authorization Act for Fiscal Year 1999, permitted under subsection (a) to use com- have on workload and readiness if implemented; the Secretary may not change the list to add a missary stores and MWR retail facilities shall be and merchandise item unless, before making the permitted to use such stores and facilities, dur- (2) the likelihood that the cost savings pro- change, the Secretary submits to Congress a no- ing the same period as the member, on the same jected to occur from such reductions will actu- tice of the proposed addition and the reasons for basis as dependents of members of the armed ally be achieved. the addition of the item. forces on active duty. (b) DELAY IN IMPLEMENTATION OF REDUCTIONS ‘‘(c) SPECIAL RULES FOR KOREA.—(1) The Sec- PENDING REPORT.—During the period specified ‘‘(c) DEFINITIONS.—In this section: ‘‘(1) FEDERALLY DECLARED DISASTER.—The retary of Defense may not prohibit a dependent in subsection (c), the Secretary of Defense and who resides in Korea, is at least 21 years of age, the Secretary of the Army may not commence term ‘federally declared disaster’ means a disas- ter or other situation for which a Presidential and is otherwise eligible to use the commissary personnel reductions based on the guidelines and exchange system, from purchasing alcoholic contained in the May 1997 report of the Quad- declaration of major disaster is issued under sec- tion 401 of the Robert T. Stafford Disaster Relief beverages through the commissary and exchange rennial Defense Review (including the National system. Quantity restrictions on the purchase of Defense Panel) prepared pursuant to subtitle B and Emergency Assistance Act (42 U.S.C. 5170). ‘‘(2) MWR RETAIL FACILITIES.—The term alcoholic beverages may be imposed, and any of title IX of the National Defense Authoriza- ‘MWR retail facilities’ means exchange stores such restriction may be enforced through the tion Act for Fiscal Year 1997 (Public Law 104- and other revenue-generating facilities operated use of an issued ration control device, but a de- 201; 10 U.S.C. 111 note) at any Army Material by nonappropriated fund activities of the De- pendent may not be required to sign for any Command facility that provides depot-level partment of Defense for the morale, welfare, purchase. A quantity restriction on malt bev- maintenance and repair or at any Army Arse- and recreation of members of the armed forces.’’. erages may not restrict purchases to fewer than nal. (d) SECTION HEADINGS.—(1) The heading of eight cases, of 24-units per case, per month. (c) DURATION OF DELAY.—Subsection (b) ap- section 1063 of such title is amended to read as Daily or weekly restrictions on malt beverage plies only during the period beginning on the follows: purchases may not be imposed. The purchase of date of the enactment of this Act and ending on malt beverages may be recorded on a ration con- ‘‘§ 1063. Use of commissary stores: members of the earlier of the following: trol device, but eligible patrons may not be re- Ready Reserve with at least 50 creditable (1) March 31, 1999. quired to sign for any purchase. points’’. (2) The date on which the report required by ‘‘(2) A dependent residing in Korea who is at subsection (a) is submitted. (2) The heading of section 1064 of such title is least 18 years of age and otherwise eligible to Subtitle E—Commissaries and amended to read as follows: use the commissary and exchange system may Nonappropriated Fund Instrumentalities ‘‘§ 1064. Use of commissary stores: persons purchase tobacco products on the same basis as qualified for retired pay under chapter 1223 SEC. 341. CONTINUATION OF MANAGEMENT AND other eligible patrons of the commissary and ex- FUNDING OF DEFENSE COMMISSARY but under age 60’’. change system. AGENCY THROUGH THE OFFICE OF (e) CLERICAL AMENDMENT.—The table of sec- ‘‘(3) Eligible patrons of the commissary and THE SECRETARY OF DEFENSE. tions at the beginning of chapter 54 of such title exchange system who are traveling through a Section 192 of title 10, United States Code, is is amended by striking out the items relating to military air terminal in Korea shall be author- amended by adding at the end the following sections 1063 and 1064 and inserting in lieu ized to the purchase sundry items, including to- new subsection: thereof the following items: bacco products, on a temporary basis during the May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3515 normal operating hours of commissary and ex- cial survey firm to conduct a survey of eligible SEC. 362. SPECIFIC EMPHASIS OF PROGRAM TO change stores operated in connection with the patrons of the commissary store system to deter- INVESTIGATE FRAUD, WASTE, AND terminal. mine patron interest in having commissary ABUSE WITHIN DEPARTMENT OF DE- ‘‘(4) In applying restrictions to dependents of stores sell malt beverages and wine as exchange FENSE. members of the armed forces, the Secretary of store merchandise. Section 392 of the National Defense Author- Defense may not differentiate between a de- (2) The survey shall be conducted at not less ization Act for Fiscal Year 1998 (Public Law pendent whose movement to Korea was author- than three military installations in the United 105–85; 10 U.S.C. 113 note) is amended by insert- ized at the expense of the United States under States of each of the Armed Forces (other than ing before the period the following: ‘‘and any section 406 of title 37 and other dependents re- the Coast Guard). fraud, waste, and abuse occurring in connection siding in Korea. (3) The survey shall be completed, and the re- with overpayments made to vendors by the De- ‘‘(d) REPORTING REQUIREMENTS.—The Sec- sults submitted to the Secretary of Defense, not partment of Defense, including overpayments retary of Defense shall submit to Congress an later than November 30, 1998. identified under section 354 of the National De- fense Authorization Act for Fiscal Year 1996 annual report describing the host nation laws (b) DEMONSTRATION PROJECT.—(1) After con- and the treaty obligations of the United States, sideration of the survey results, the Secretary of (Public Law 104–106; 10 U.S.C. 2461 note)’’. and the conditions within host nations, that ne- Defense may conduct a demonstration project at SEC. 363. REVISION OF INSPECTION REQUIRE- cessitate the use of quantity or other restrictions seven military installations in the United States MENTS RELATING TO ARMED on purchases in commissary and exchange (two Army installations, two Air Force installa- FORCES RETIREMENT HOME. stores located outside the United States.’’. tions, two Navy installations, and one Marine Section 1518 of the Armed Forces Retirement (b) CLERICAL AMENDMENT.—The table of sec- Corps installation) to evaluate the merit of sell- Home Act of 1991 (24 U.S.C. 418) is amended to tions at the beginning of such chapter is amend- ing malt beverages and wine in commissary read as follows: ed by adding at the end the following new item: stores as exchange store merchandise. Under the ‘‘SEC. 1518. INSPECTION OF RETIREMENT HOME. ‘‘2491. Overseas commissary and exchange demonstration project, the Secretary may sell ‘‘(a) PERIODIC INSPECTION.—The Inspector stores: access and purchase re- malt beverages and wine in commissary stores as Generals of the military departments shall con- strictions.’’. exchange store merchandise notwithstanding duct, at three-year intervals, an inspection of SEC. 345. EXTENSION OF DEMONSTRATION the general requirement that merchandise sold the Retirement Home and the records of the Re- PROJECT FOR UNIFORM FUNDING in, at, or by commissary stores be commissary tirement Home. Each inspection under this sub- OF MORALE, WELFARE, AND RECRE- store inventory. section shall be performed by a single Inspector ATION ACTIVITIES. (2) The demonstration project may only be Section 335 of the National Defense Author- General on an alternating basis. conducted in States where it is legal to sell malt ization Act for Fiscal Year 1996 (Public Law ‘‘(b) REPORT.—The Inspector General of a beverages and wine in grocery stores. 104–106; 10 U.S.C. 2241 note) is amended— military department who performs an inspection (1) in subsection (c), by striking out ‘‘not later (3) Not later than February 1, 1999, the Sec- of the Retirement Home under subsection (a) than September 30, 1998’’ and inserting in lieu retary of Defense shall determine whether to shall submit to the Retirement Home Board, the thereof ‘‘on September 30, 1999’’; and conduct the demonstration project. Any such Secretary of Defense, and Congress a report de- (2) in subsection (e)(2), by striking out ‘‘a demonstration project shall be completed not scribing the results of the inspection and con- final report on the results’’ and inserting in lieu later than September 30, 2000. taining such recommendations as the Inspector thereof ‘‘an additional report on the progress’’. (c) REPORT.—(1) If the Secretary of Defense General considers appropriate.’’. SEC. 346. PROHIBITION ON CONSOLIDATION OR conducts a demonstration project under sub- SEC. 364. ASSISTANCE TO LOCAL EDUCATIONAL OTHER ORGANIZATIONAL CHANGES section (b), the Secretary shall submit to Con- AGENCIES THAT BENEFIT DEPEND- OF DEPARTMENT OF DEFENSE RE- gress a report describing the results of the dem- ENTS OF MEMBERS OF THE ARMED TAIL SYSTEMS. onstration project. The report shall include a FORCES AND DEPARTMENT OF DE- (a) DEFENSE RETAIL SYSTEMS DEFINED.—For description of patron views, the impact on com- FENSE CIVILIAN EMPLOYEES. purposes of this section, the term ‘‘defense retail missary sales, the impact on exchange sales, and (a) CONTINUATION OF DEPARTMENT OF DE- systems’’ means the defense commissary system the impact, if any, on dividends for morale, wel- FENSE PROGRAM FOR FISCAL YEAR 1999.—Of the and exchange stores and other revenue-generat- fare, and recreation activities. amount authorized to be appropriated pursuant ing facilities operated by nonappropriated fund (2) The report shall be submitted not later to section 301(5) for operation and maintenance activities of the Department of Defense for the than March 1, 2000. for Defense-wide activities— morale, welfare, and recreation of members of (d) LIMITATION.—Nothing in this section shall (1) $30,000,000 shall be available only for the the Armed Forces. be construed to authorize the sale of malt bev- purpose of providing educational agencies as- (b) PROHIBITION.—The operation and adminis- erages and wine in commissary stores as com- sistance (as defined in subsection (d)(1)) to local tration of the defense retail systems may not be missary store inventory. educational agencies; and consolidated or otherwise changed, and a study Subtitle F—Other Matters (2) $5,000,000 shall be available only for the or review may not be commenced regarding the purpose of making educational agencies pay- need for or merits of such a consolidation or SEC. 361. ELIGIBILITY REQUIREMENTS FOR AT- ments (as defined in subsection (d)(2)) to local change, unless the consolidation, change, study, TENDANCE AT DEPARTMENT OF DE- educational agencies. or review is specifically authorized by a law en- FENSE DOMESTIC DEPENDENT ELE- MENTARY AND SECONDARY (b) NOTIFICATION.—Not later than June 30, acted after the date of the enactment of this SCHOOLS. 1999, the Secretary of Defense shall— Act. (a) DEPENDENTS OF MEMBERS RESIDING IN (1) notify each local educational agency that (c) EFFECT ON EXISTING STUDY.—Nothing in CERTAIN AREAS.—Subsection (a) of section 2164 is eligible for educational agencies assistance for this section shall be construed to prohibit the of title 10, United States Code, is amended— fiscal year 1999 of that agency’s eligibility for study of defense retail systems, known as the (1) by inserting ‘‘(1)’’ before ‘‘If’’; such assistance and the amount of such assist- ‘‘Joint Exchange Due Diligence Study’’, which (2) by designating the second sentence as ance for which that agency is eligible; and is underway on the date of the enactment of paragraph (2); and (2) notify each local educational agency that this Act pursuant to a contract awarded by the (3) by adding at the end of paragraph (2) (as is eligible for an educational agencies payment Department of the Navy on April 21, 1998, except so designated) the following new sentence: ‘‘If a for fiscal year 1999 of that agency’s eligibility that any recommendation contained in the com- member of the armed forces is assigned to a re- for such payment and the amount of the pay- pleted study regarding the operation or adminis- mote location or is assigned to an unaccom- ment for which that agency is eligible. tration of the defense retail systems may not be panied tour of duty, a dependent of the member (c) DISBURSEMENT OF FUNDS.—The Secretary implemented unless implementation of the rec- who resides, on or off a military installation, in of Defense shall disburse funds made available ommendation is specifically authorized by a law a territory, commonwealth, or possession of the under paragraphs (1) and (2) of subsection (a) enacted after the date of the enactment of this United States, as authorized by the member’s or- not later than 30 days after the date on which Act. ders, may be enrolled in an educational program notification to the eligible local educational SEC. 347. AUTHORIZED USE OF APPROPRIATED provided by the Secretary under this sub- agencies is provided pursuant to subsection (b). FUNDS FOR RELOCATION OF NAVY (d) DEFINITIONS.—In this section: EXCHANGE SERVICE COMMAND. section.’’. The Navy Exchange Service Command is not (b) WAIVER OF FIVE-YEAR ATTENDANCE LIMI- (1) The term ‘‘educational agencies assist- required to reimburse the United States for ap- TATION.—Subsection (c)(2) of such section is ance’’ means assistance authorized under sec- propriated funds allotted to the Navy Exchange amended by striking out subparagraph (B) and tion 386(b) of the National Defense Authoriza- Service Command during fiscal years 1994, 1995, inserting in lieu thereof the following new sub- tion Act for Fiscal Year 1993 (Public Law 102– and 1996 to cover costs incurred by the Navy Ex- paragraph: 484; 20 U.S.C. 7703 note). change Service Command to relocate to Virginia ‘‘(B) At the discretion of the Secretary, a de- (2) The term ‘‘educational agencies payments’’ Beach, Virginia, and to lease headquarters pendent referred to in subparagraph (A) may be means payments authorized under section 386(d) space in Virginia Beach. enrolled in the program for more than five con- of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 20 U.S.C. SEC. 348. EVALUATION OF MERIT OF SELLING secutive school years if the dependent is other- MALT BEVERAGES AND WINE IN wise qualified for enrollment, space is available 7703 note). COMMISSARY STORES AS EXCHANGE in the program, and the Secretary will be reim- (3) The term ‘‘local educational agency’’ has SYSTEM MERCHANDISE. bursed for the services provided. Any such ex- the meaning given that term in section 8013(9) of (a) PATRON SURVEY.—(1) The Secretary of De- tension shall cover only one school year at a the Elementary and Secondary Education Act of fense shall enter into a contract with a commer- time.’’. 1965 (20 U.S.C. 7713(9)). H3516 CONGRESSIONAL RECORD — HOUSE May 20, 1998 SEC. 365. STRATEGIC PLAN FOR EXPANSION OF ‘‘(1) that the readiness reporting system is ap- title 10, United States Code, as added by sub- DISTANCE LEARNING INITIATIVES. plied uniformly throughout the Department of section (a), so as to ensure that the capabilities (a) DEVELOPMENT OF PLAN.—The Secretary of Defense; required by subsection (c) of that section are at- Defense shall develop a strategic plan for guid- ‘‘(2) that information in the readiness report- tained not later than July 1, 1999. ing and expanding distance learning initiatives ing system is continually updated, with any (c) IMPLEMENTATION PLAN.—Not later than in the Department of Defense. The strategic change in the overall readiness status of a unit, March 1, 1999, the Secretary of Defense shall plan shall cover the five-year period beginning of an element of the training establishment, or submit to Congress a report setting forth the on October 1, 1999. an element of defense infrastructure that is re- Secretary’s plan for implementation of section (b) ELEMENTS OF PLAN.—The strategic plan quired to be reported as part of the readiness re- 117 of title 10, United States Code, as added by required by this section shall contain at a mini- porting system shall be reported within 24 hours subsection (a). mum the following elements: of the event necessitating the change in readi- (d) REPEAL OF QUARTERLY READINESS REPORT (1) Measurable goals and objectives, including ness status; and REQUIREMENT.—Effective July 1, 1999, or the outcome-related performance indicators, for de- ‘‘(3) that sufficient resources are provided to date on which the first report of the Secretary veloping distance learning initiatives in the De- establish and maintain the system so as to allow of Defense is submitted under section 117(d) of partment that would be consistent with the reporting of changes in readiness status as re- title 10, United States Code, as added by sub- principles of the Government Performance and quired by this section. section (a), whichever is later— Results Act of 1993 (section 306 of title 5 and sec- ‘‘(c) CAPABILITIES.—The readiness reporting (1) section 482 of title 10, United States Code, tions 1115 through 1119, 9703, and 9704 of title system shall have the capability to do the fol- is repealed; and 31). lowing: (2) the table of sections at the beginning of (2) A description of the manner in which dis- ‘‘(1) Measure the capability of units (both as chapter 23 of such title is amended by striking tance learning initiatives will be developed and elements of their respective armed force and as out the item relating to that section. managed in the Department. elements of joint forces) to conduct their as- (3) An estimate of the costs and benefits asso- SEC. 368. TRAVEL BY RESERVISTS ON CARRIERS signed wartime missions. UNDER CONTRACT WITH GENERAL ciated with developing and maintaining an in- ‘‘(2) Measure the capability of training estab- SERVICES ADMINISTRATION. frastructure in the Department to support dis- lishments to provide trained and ready forces (a) RESERVE USE OF FEDERAL SUPPLY TRANS- tance learning initiatives and a statement of for wartime missions. PORTATION.—Chapter 1217 of title 10, United planned expenditures for investments necessary ‘‘(3) Measure the capability of defense instal- States Code, is amended by adding at the end to build and maintain the infrastructure. lations and facilities and other elements of De- the following new section: (4) A description of mechanisms that will be partment of Defense infrastructure, both in the used to oversee the development and coordina- ‘‘§ 12603. Travel: use of carriers under con- United States and abroad, to provide appro- tion of distance learning initiatives in the De- tract with General Services Administration priate support to forces in the conduct of their partment. ‘‘A member of a reserve component who re- wartime missions. (c) CONSIDERATION OF CURRENT EFFORT.—In quires transportation in order to perform inac- developing the strategic plan required by this ‘‘(4) Measure critical warfighting deficiencies tive duty training may use a carrier under con- section, the Secretary of Defense may recognize in unit capability, training establishments, and tract with the General Services Administration the collaborative distance learning effort of the defense infrastructure. to provide the transportation. The transpor- Department of Defense and other Federal agen- ‘‘(5) Measure the level of current risk based tation shall be provided by the carrier in the cies and private industry (known as the Ad- upon the readiness reporting system relative to same manner as transportation is provided to vanced Distribution Learning initiative), but the the capability of forces to carry out their war- members of the armed forces and civilian em- strategic plan shall be specific to the goals and time missions. ployees who are traveling at Government ex- objectives of the Department. ‘‘(6) Measure such other factors relating to pense, except that the Reserve is responsible for readiness as the Secretary prescribes. (d) SUBMISSION OF PLAN.—Not later than the cost of the travel at the contract rate. The March 1, 1999, the Secretary of Defense shall ‘‘(d) PERIODIC JOINT READINESS REVIEW.—The Secretary concerned may require the Reserve to submit to Congress the completed strategic plan Chairman of the Joint Chiefs of Staff shall peri- use a Government approved travel card to en- required by this section. odically, and not less frequently than monthly, sure that the transportation is procured for the conduct a joint readiness review. The Chairman SEC. 366. PUBLIC AVAILABILITY OF OPERATING purpose of performing inactive duty training.’’. shall incorporate into each such review the cur- AGREEMENTS BETWEEN MILITARY (b) CLERICAL AMENDMENT.—The table of sec- INSTALLATIONS AND FINANCIAL IN- rent information derived from the readiness re- tions for such chapter is amended by adding at STITUTIONS. porting system and shall assess the capability of the end the following new item: With respect to an agreement between the the armed forces to execute their wartime mis- ‘‘12603. Travel: use of carriers under contract commander of a military installation in the sions based upon their posture at the time of the with General Services Administra- United States (or the designee of an installation review. The Chairman shall submit to the Sec- tion.’’. commander) and a financial institution that retary of Defense the results of each review, in- permits, allows, or otherwise authorizes the pro- cluding the deficiencies in readiness identified Subtitle G—Demonstration of Commercial- vision of financial services by the financial in- during that review. Type Practices To Improve Quality of Per- stitution on the military installation, nothing in ‘‘(e) SUBMISSION TO CONGRESSIONAL COMMIT- sonal Property Shipments the terms or nature of such an agreement shall TEES.—The Secretary shall each month submit SEC. 381. DEMONSTRATION PROGRAM REQUIRED. be construed to exempt the agreement from the to the Committee on Armed Services and the (a) IN GENERAL.—The Secretary of Defense provisions of sections 552 and 552a of title 5, Committee on Appropriations of the Senate and shall conduct a demonstration program, to be United States Code. the Committee on National Security and the known as the ‘‘Commercial-Like Activities for SEC. 367. DEPARTMENT OF DEFENSE READINESS Committee on Appropriations of the House of Superior Quality Demonstration Program’’, pur- REPORTING SYSTEM. Representatives a report in writing containing suant to this subtitle to test commercial-style (a) ESTABLISHMENT OF SYSTEM.—(1) Chapter 2 the complete results of each review under sub- practices to improve the quality of personal of title 10, United States Code, is amended by in- section (d) during the preceding month, includ- property shipments within the Department of serting after section 116 the following new sec- ing the current information derived from the Defense. tion: readiness reporting system. Each such report (b) DEFINITIONS.—In this subtitle: ‘‘§ 117. Readiness reporting system: establish- shall be submitted in unclassified form and may, (1) The term ‘‘CLASS Demonstration Pro- ment; reporting to congressional committees as the Secretary determines necessary, also be gram’’ means the Commercial-Like Activities for submitted in classified form. ‘‘(a) REQUIRED READINESS REPORTING SYS- Superior Quality Demonstration Program re- ‘‘(f) REGULATIONS.—The Secretary shall pre- TEM.—The Secretary of Defense shall establish a quired by subsection (a). scribe regulations to carry out this section. In comprehensive readiness reporting system for (2) The term ‘‘affiliated’’ means an entity that those regulations, the Secretary shall prescribe the Department of Defense. The readiness re- is owned and controlled by another entity or an the units that are subject to reporting in the porting system shall measure in an objective, ac- independently owned entity whose day-to-day readiness reporting system, what type of equip- curate, and timely manner the capability of the business operations are controlled by another ment is subject to such reporting, and the ele- armed forces to carry out— entity. ‘‘(1) the National Security Strategy prescribed ments of the training establishment and of de- (3) The term ‘‘best value CLASS score’’ means by the President in the most recent annual na- fense infrastructure that are subject to such re- a weighted score that reflects an eligible provid- tional security strategy report under section 108 porting.’’. er’s past performance rating score and the of the National Security Act of 1947 (50 U.S.C. (2) The table of sections at the beginning of schedules of charges for services provided. 404a); such chapter is amended by inserting after the (4) The term ‘‘broker’’ means an entity, de- ‘‘(2) the defense planning guidance provided item relating to section 116 the following new scribed in section 13102(2) of title 49, United by the Secretary of Defense pursuant to section item: States Code, that conducts operations on behalf 113(g) of this title; and ‘‘117. Readiness reporting system: establishment; of the Military Traffic Management Command ‘‘(3) the National Military Strategy prescribed reporting to congressional commit- and possesses appropriate authority from the by the Chairman of the Joint Chiefs of Staff. tees.’’. Department of Transportation or an appropriate ‘‘(b) READINESS REPORTING SYSTEM CHARAC- (b) IMPLEMENTATION.—The Secretary of De- State regulatory agency to arrange for the TERISTICS.—In establishing the readiness report- fense shall establish and implement the readi- transportation of personal property in inter- ing system, the Secretary shall ensure— ness reporting system required by section 117 of state, intrastate, or foreign commerce. May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3517 (5) The term ‘‘freight forwarder’’ means an pation of a broker providing move management not conflict with subparagraph (A) or (B) and entity that provides the services described in services. A move management service provider the need to maintain adequate capacity. section 13102(8) of title 49, United States Code, shall be compensated for providing such services (6) PERFORMANCE EVALUATION DURING THE in interstate, intrastate, or foreign commerce solely by the Department of Defense. The test TERM OF THE DEMONSTRATION PROGRAM.—The and possesses the authority to provide such plan shall prohibit a move management services CLASS Demonstration Program shall provide services from the Department of Transportation provider from obtaining a commission (or similar for procedures for evaluation of the Demonstra- or an appropriate State regulatory agency. type of payment however denominated) from a tion Program participants by the members of the (6) The term ‘‘motor carrier’’ means an entity motor carrier or freight forwarder providing the Armed Forces furnished personal property ship- that uses motor vehicles to transport personal personal property shipping services. ping services and by Installation Transportation property in interstate, intrastate, or foreign (c) DEMONSTRATION PROGRAM PARTICI- Officers. To the maximum extent practicable, commerce and possesses the authority to provide PANTS.—Eligible service providers shall be of- such evaluations shall be objective and quantifi- such services from the Department of Transpor- fered participation in the CLASS Demonstration able. The program participant shall be accorded tation or an appropriate State regulatory agen- Program on the basis of their best value CLASS the opportunity to review and make comment on cy. score. Each eligible service provider’s best value a performance evaluation provided by an indi- (7) The term ‘‘motor vehicles’’ has the mean- CLASS score shall be computed in a manner vidual in a manner that will not deter candid ing given such term in section 13102(14) of title that assigns 70 percent of the weighted average evaluations by the individual. The results of 49, United States Code. to the provider’s past performance rating and 30 this evaluation may be used in developing fu- (8) The term ‘‘move management services pro- percent to the provider’s offered prices. ture best value CLASS scores. vider’’ means an entity that provides certain SEC. 384. TEST PLAN. (7) MODERN CUSTOMER SERVICE TECHNIQUES.— services in connection with the shipment of the The CLASS Demonstration Program shall maxi- (a) IN GENERAL.—The CLASS Demonstration household goods of a member of the Armed Program shall be conducted pursuant to a test mize the testing of modern customer service Forces, such as arranging, coordinating, and plan. techniques, such as in-transit tracking of ship- monitoring the shipment. ments and service member communication with (b) COMPONENTS OF THE TEST PLAN.—In addi- (9) The term ‘‘test plan’’ means the plan pre- the service provider by means of toll-free tele- pared under section 384 for the conduct of the tion to such other matters as the Secretary of Defense considers appropriate, the test plan phone numbers. CLASS Demonstration Program. (8) DIRECT CLAIMS SETTLEMENT TECHNIQUES.— shall include the following components: SEC. 382. GOALS OF DEMONSTRATION PROGRAM. The CLASS Demonstration Program shall pro- (1) RATING PAST PERFORMANCE.—A past per- The goals of the CLASS Demonstration Pro- vide for settlement of claims for personal prop- formance rating score shall be developed for gram are to— erty lost or damaged directly with the firm pro- each eligible service provider based on— (1) adopt commercial-style practices to im- viding the services. The procedures shall provide (A) evaluations from service members who prove the quality of Department of Defense per- for— have received personal property shipping serv- sonal property shipments within the United (A) acknowledgment of a claim by the service ices during a specified six-month rating period States and to foreign locations; provider within 30 days of receipt; (2) adopt simplified acquisition procedures for prior to the commencement of the CLASS Dem- (B) provision of a settlement offer within 120 the selection of contractors qualified to provide onstration Program; or days; various types of personal property shipping (B) a rating of comparable personal property (C) filing of a claim within nine months, with services and for the award of individual orders shipping services provided to non-Department of appropriate extensions for extenuating cir- to such contractors; Defense customers during the same rating pe- cumstances relating to war or national emer- (3) assure ready access of the Department of riod, if an eligible provider did not make a suffi- gency that impair the ability of a member of the Defense to a sufficient number of qualified pro- cient number of military personal property ship- Armed Forces to file a timely claim; and viders of personal property shipping to permit ments during the rating period to be assigned a (D) referring of an unsettled claim by the timely shipments during periods of high demand rating pursuant to subparagraph (A). member of the Armed Forces to a designated for such services; (2) PARTICIPATION BY QUALITY SERVICE PRO- claims officer for assistance in resolving the (4) assure maximum practicable opportunities VIDERS.—A minimum best value CLASS score claim or seeking commercial-like arbitration of for small business concerns to participate as shall be established for participation in the the claim, or both, if considered appropriate by prime contractors rather than subcontractors; CLASS Demonstration Program. In establishing the claims officer. (5) empower Installation Transportation Offi- the minimum score for participation, consider- (9) CRITERIA FOR EVALUATION OF THE OVERALL cers to assure that the personal property ship- ation shall be given to assuring access to suffi- DEMONSTRATION PROGRAM.—The CLASS Dem- ping needs of individual members of the Armed cient numbers of service providers to meet the onstration Program shall include the develop- Forces are met in a timely manner by quality needs of members of the Armed Forces during ment of criteria to evaluate the overall perform- contractors who minimize opportunities for dam- periods of high demand for such personal prop- ance and effectiveness of the CLASS demonstra- age; and erty shipping services. tion program. (6) provide for the expedited resolution of (3) SIMPLIFIED ACQUISITION PROCEDURES.— (c) DEVELOPMENT IN COLLABORATION WITH claims for damaged or lost property through di- The CLASS Demonstration Program shall make INDUSTRY.—In developing the test plan, the Sec- rect settlement negotiations between the service use of simplified acquisition procedures similar retary of Defense shall maximize collaboration provider and the member of the Armed Forces to those provided in section 2304(g)(1)(A) of title with representatives of associations that rep- who sustains the loss, with commercial-like arbi- 10, United States Code. resent all segments of the affected industries. tration available to the member with the assist- (4) PRICING.—The test plan shall specify pric- Special efforts shall be made to actively involve ance of the military department concerned. ing policies to be met by the CLASS Demonstra- those associations that represent small business SEC. 383. PROGRAM PARTICIPANTS. tion Program participants. The pricing policies providers of personal property shipping services. (a) ELIGIBLE SERVICE PROVIDERS.—(1) Any shall reflect the following: (d) OPPORTUNITY FOR PUBLIC COMMENT ON motor carrier, freight forwarder, or broker regu- (A) Domestic pricing shall be based on the PROPOSED TEST PLAN.—Notice of the availabil- larly providing personal property shipping serv- contemporary Household Goods Carriers Com- ity of the test plan shall be published in the ices that is approved by the Military Traffic mercial Tariff 400–M, or subsequent reissues Federal Register and given by other means like- Management Command to provide such services thereof, applicable to commercial domestic ship- ly to result in the notification of eligible service to the Department of Defense is eligible to par- ments with discounts and adjustments for States providers and associations that represent them. ticipate in the CLASS Demonstration Program. outside the continental United States. Copies of the proposed test plan may be made A motor carrier providing domestic personal (B) So-called single factor rates for inter- available in a printable electronic format. The property shipping services shall not be pre- national shipments. public shall be afforded 60 days to comment on cluded from providing such services to inter- (C) Full value protection for a shipment based the proposed test plan. national destinations through an affiliated on the actual cash value of the contents of the SEC. 385. OTHER METHODS OF PERSONAL PROP- freight forwarder. shipment with liability limited on a per pound ERTY SHIPPING. (2) If a motor carrier is affiliated with another basis as well as a total-value basis. The CLASS Demonstration Program shall not motor carrier or freight forwarder that also (5) ALLOCATION OF ORDERS.—Orders to pro- impair the access of a member of the Armed seeks qualification to participate in the CLASS vide personal property shipping services shall be Forces to the shipment of personal property Demonstration Program, the affiliate must dem- allocated by the appropriate Installation Trans- through the programs known as the Do-It-Your- onstrate that it also conducts independent regu- portation Officer taking into consideration— self Program or the Direct Procurement Method lar motor carrier operations using motor vehicles (A) the service provider’s best value CLASS Program. or independent freight forwarding services de- score; SEC. 386. DURATION OF DEMONSTRATION PRO- scribed in subparagraph (A), (B), or (C) of sec- (B) maximum practicable utilization of small GRAM. tion 13102(8) of title 49, United States Code. If a business service providers; The CLASS Demonstration Program shall freight forwarder is affiliated with another (C) exceptional performance of a CLASS Dem- commence on the first day of the fiscal year freight forwarder or motor carrier that also onstration Program participant; and quarter after the issuance of the test plan in seeks qualification to participate in the pro- (D) other criteria necessary to advance the final form and terminate on the last day of the gram, the affiliate must demonstrate that it also goals of the CLASS Demonstration Program, ex- fiscal year quarter after eight fiscal year quar- conducts regular independent operations. cept that carrier selection by a member of the ters of operation. The CLASS Demonstration (b) MOVE MANAGEMENT SERVICES PROVID- Armed Forces using the CLASS Demonstration Program shall take the place of the re-engineer- ERS.—The test plan may provide for the partici- Program shall be honored if the selection does ing pilot solicitation of the Military Traffic H3518 CONGRESSIONAL RECORD — HOUSE May 20, 1998 Management Command identified as DAMTO1– amended by striking out ‘‘or, in the case of the lected Reserve of such component who are on 97–R–3001. Army, by not more than 1.5 percent’’. active duty (other than for training or for un- SEC. 387. EVALUATION OF DEMONSTRATION PRO- (c) EFFECTIVE DATE.—The amendments made satisfactory participation in training) without GRAM. by this section shall take effect on October 1, their consent at the end of the fiscal year. (a) IN GENERAL.—The Secretary of Defense 1998. Whenever such units or such individual mem- shall provide for the evaluation the CLASS SEC. 403. DATE FOR SUBMISSION OF ANNUAL bers are released from active duty during any Demonstration Program throughout the term of MANPOWER REQUIREMENTS RE- fiscal year, the end strength prescribed for such the program pursuant to the evaluation criteria PORT. fiscal year for the Selected Reserve of such re- included in the test plan. Section 115a(a) of title 10, United States Code, serve component shall be proportionately in- (b) INTERIM REPORTS.—The Secretary of De- is amended— fense shall issue such interim reports relating to (1) by striking out ‘‘, not later than February creased by the total authorized strengths of the implementation of the CLASS Demonstra- 15 of each fiscal year,’’ in the first sentence; and such units and by the total number of such indi- tion Program as may be appropriate. (2) by striking out ‘‘The report shall be in vidual members. (c) FINAL REPORT.—The Secretary of Defense writing and’’ in the second sentence and insert- SEC. 412. END STRENGTHS FOR RESERVES ON AC- shall issue a final report on the CLASS Dem- ing in lieu thereof ‘‘The report shall be submit- TIVE DUTY IN SUPPORT OF THE RE- onstration Program within 180 days before the ted each year not later than 30 days after the SERVES. termination date of the program. The report date on which the budget for the next fiscal Within the end strengths prescribed in section may include recommendations for further imple- year is transmitted to Congress pursuant to sec- 411(a), the reserve components of the Armed mentation of the CLASS Demonstration Pro- tion 1105 of title 31, shall be in writing, and’’. Forces are authorized, as of September 30, 1999, gram. SEC. 404. EXTENSION OF AUTHORITY FOR CHAIR- the following number of Reserves to be serving (d) CONGRESSIONAL RECIPIENTS.—The reports MAN OF THE JOINT CHIEFS OF on full-time active duty or full-time duty, in the required by this section shall be furnished to the STAFF TO DESIGNATE UP TO 12 GEN- case of members of the National Guard, for the congressional defense committees and the Com- ERAL AND FLAG OFFICER POSITIONS purpose of organizing, administering, recruiting, mittee on Small Business of the Senate and the TO BE EXCLUDED FROM GENERAL instructing, or training the reserve components: House of Representatives. AND FLAG OFFICER GRADE LIMITA- TIONS. (1) The Army National Guard of the United (e) PUBLIC AVAILABILITY.—The Secretary of States, 21,763. Defense shall provide public notice of the avail- Section 526(b)(2) of title 10, United States ability of copies of the reports submitted to the Code, is amended by striking out ‘‘October 1, (2) The Army Reserve, 12,804. congressional recipients through a notice in the 1998’’ and inserting in lieu thereof ‘‘October 1, (3) The Naval Reserve, 15,590. Federal Register and such other means as may 2001’’. (4) The Marine Corps Reserve, 2,362. be appropriate. Copies of the reports may be Subtitle B—Reserve Forces (5) The Air National Guard of the United made available in a printable electronic format SEC. 411. END STRENGTHS FOR SELECTED RE- States, 10,930. or in a printed form. SERVE. (6) The Air Force Reserve, 991. TITLE IV—MILITARY PERSONNEL AUTHORIZA- (a) IN GENERAL.—The Armed Forces are au- TIONS thorized strengths for Selected Reserve person- SEC. 413. END STRENGTHS FOR MILITARY TECH- NICIANS (DUAL STATUS). Subtitle A—Active Forces nel of the reserve components as of September 30, 1999, as follows: The minimum number of military technicians SEC. 401. END STRENGTHS FOR ACTIVE FORCES. (dual status) as of the last day of fiscal year The Armed Forces are authorized strengths (1) The Army National Guard of the United 1999 for the reserve components of the Army and for active duty personnel as of September 30, States, 357,000. the Air Force (notwithstanding section 129 of 1999, as follows: (2) The Army Reserve, 209,000. (1) The Army, 484,800. (3) The Naval Reserve, 90,843. title 10, United States Code) shall be the follow- (2) The Navy, 376,423. (4) The Marine Corps Reserve, 40,018. ing: (3) The Marine Corps, 173,922. (5) The Air National Guard of the United (1) For the Army Reserve, 5,395. (4) The Air Force, 371,577. States, 106,991. (2) For the Army National Guard of the SEC. 402. REVISION IN PERMANENT END (6) The Air Force Reserve, 74,242. United States, 23,125. (7) The Coast Guard Reserve, 8,000. STRENGTH LEVELS. (3) For the Air Force Reserve, 9,761. (a) REVISED END STRENGTH FLOORS.—Sub- (b) ADJUSTMENTS.—The end strengths pre- section (b) of section 691 of title 10, United scribed by subsection (a) for the Selected Re- (4) For the Air National Guard of the United States Code, is amended— serve of any reserve component shall be propor- States, 22,408. (1) in paragraph (1), by striking out ‘‘495,000’’ tionately reduced by— SEC. 414. INCREASE IN NUMBER OF MEMBERS IN and inserting in lieu thereof ‘‘484,800’’; (1) the total authorized strength of units orga- CERTAIN GRADES AUTHORIZED TO (1) in paragraph (2), by striking out ‘‘390,802’’ nized to serve as units of the Selected Reserve of SERVE ON ACTIVE DUTY IN SUPPORT and inserting in lieu thereof ‘‘376,423’’; and such component which are on active duty (other OF THE RESERVES. (2) in paragraph (3), by striking out ‘‘174,000’’ than for training) at the end of the fiscal year, (a) OFFICERS.—The table in section 12011(a) of and inserting in lieu thereof ‘‘173,922’’. and title 10, United States Code, is amended to read (b) REVISION TO FLEXIBILITY AUTHORITY FOR (2) the total number of individual members not as follows: THE ARMY.—Subsection (e) of such section is in units organized to serve as units of the Se-

Ma- ‘‘Grade Army Navy Air rine Force Corps

Major or Lieutenant Commander ...... 3,219 1,071 776 140 Lieutenant Colonel or Commander ...... 1,524 520 672 90 Colonel or Navy Captain ...... 438 188 274 30’’.

(b) SENIOR ENLISTED MEMBERS.—The table in sonnel for fiscal year 1999 a total of tive error a person who should have been con- section 12012(a) of such title is amended to read $70,697,086,000. The authorization in the preced- sidered for selection for promotion by a pro- as follows: ing sentence supersedes any other authorization motion board was not so considered, the Sec- of appropriations (definite or indefinite) for retary shall convene a special selection board such purpose for fiscal year 1999. under this subsection to determine whether that Air Ma- TITLE V—MILITARY PERSONNEL POLICY person (whether or not then on active duty) ‘‘Grade Army Navy rine should be recommended for promotion.’’; Force Corps Subtitle A—Officer Personnel Policy SEC. 501. CODIFICATION OF ELIGIBILITY OF RE- (2) in paragraph (2), by striking out ‘‘the offi- E–9 ...... 623 202 388 20 TIRED OFFICERS AND FORMER OFFI- cer as his record’’ in the first sentence and in- CERS FOR CONSIDERATION BY SPE- serting in lieu thereof ‘‘the person whose name E–8 ...... 2,585 429 979 94’’. CIAL SELECTION BOARDS. was referred to it for consideration as that (a) PERSONS NOT CONSIDERED BY PROMOTION record’’; and (c) EFFECTIVE DATE.—The amendments made BOARDS DUE TO ADMINISTRATIVE ERROR.—Sub- by this section shall take efffect on October 1, section (a) of section 628 of title 10, United (3) in paragraph (3), by striking out ‘‘an offi- 1998. States Code, is amended— cer in a grade’’ and all that follows through (1) by striking out paragraph (1) and inserting Subtitle C—Authorization of Appropriations ‘‘the officer’’ and inserting in lieu thereof ‘‘a in lieu thereof the following: person whose name was referred to it for consid- SEC. 421. AUTHORIZATION OF APPROPRIATIONS ‘‘(a) PERSONS NOT CONSIDERED BY PROMOTION eration for selection for appointment to a grade FOR MILITARY PERSONNEL. BOARDS DUE TO ADMINISTRATIVE ERROR.—(1) If other than a general officer or flag officer There is hereby authorized to be appropriated the Secretary of the military department con- grade, the person’’. to the Department of Defense for military per- cerned determines that because of administra- May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3519

(b) PERSONS CONSIDERED BY PROMOTION tence shall be only for purposes of determina- ber to whom subsection (a)(3) applies who dies BOARDS IN UNFAIR MANNER.—Subsection (b) of tion of eligibility of that person for consider- before approval by the Secretary concerned of such section is amended— ation for promotion by any subsequent special the appointment or promotion, the commission (1) by striking out paragraph (1) and inserting selection board under this section.’’. shall issue as of the date of death.’’. in lieu thereof the following: (d) APPLICABILITY TO DECEASED PERSONS.— SEC. 505. TENURE OF CHIEF OF THE AIR FORCE ‘‘(b) PERSONS CONSIDERED BY PROMOTION Subsection (e) of such section is amended to NURSE CORPS. BOARDS IN UNFAIR MANNER.—(1) If the Sec- read as follows: Section 8069(b) of title 10, United States Code, retary of the military department concerned de- ‘‘(e) DECEASED PERSONS.—If a person whose is amended by striking out ‘‘, but not for more termines, in the case of a person who was con- name is being considered for referral to a special than three years, and may not be reappointed to sidered for selection for promotion by a pro- selection board under this section dies before the the same position’’ in the last sentence. motion board but was not selected, that there completion of proceedings under this section Subtitle B—Reserve Component Matters was material unfairness with respect to that with respect to that person, this section shall be SEC. 511. COMPOSITION OF SELECTIVE EARLY RE- person, the Secretary may convene a special se- applied to that person posthumously.’’. TIREMENT BOARDS OF RESERVE lection board under this subsection to determine (e) RECODIFICATION OF ADMINISTRATIVE MAT- GENERAL AND FLAG OFFICERS OF whether that person (whether or not then on ac- TERS.—Such section is further amended by add- THE NAVY AND MARINE CORPS. tive duty) should be recommended for pro- ing at the end the following:: Section 14705(b) of title 10, United States motion. In order to determine that there was ‘‘(f) CONVENING OF BOARDS.—A board con- Code, is amended to read as follows: material unfairness, the Secretary must deter- vened under this section— ‘‘(b) BOARDS.—(1) If the Secretary of the Navy mine that— ‘‘(1) shall be convened under regulations pre- determines that consideration of officers for ‘‘(A) the action of the promotion board that scribed by the Secretary of Defense; early retirement under this section is necessary, considered the person was contrary to law or in- ‘‘(2) shall be composed in accordance with sec- the Secretary shall convene a continuation volved material error of fact or material admin- tion 612 of this title or, in the case of board to board under section 14101(b) of this title to rec- istrative error; or consider a warrant officer or former warrant of- ommend an appropriate number of officers for ‘‘(B) the board did not have before it for its ficer, in accordance with section 573 of this title early retirement. consideration material information.’’; and regulations prescribed by the Secretary of ‘‘(2) In the case of such a board convened to (2) in paragraph (2), by striking out ‘‘the offi- the military department concerned; and consider officers in the grade of rear admiral or cer as his record’’ in the first sentence and in- ‘‘(3) shall be subject to the provisions of sec- major general— serting in lieu thereof ‘‘the person whose name tion 613 of this title. ‘‘(A) the Secretary may appoint the board was referred to it for consideration as that ‘‘(g) PROMOTION BOARD DEFINED.—In this without regard to section 14102(b) of this title; record’’; and section, the term ‘promotion board’ means a se- and (3) in paragraph (3)— lection board convened by the Secretary of a ‘‘(B) each member of the board must be serv- (A) by striking out ‘‘an officer’’ and inserting military department under section 573(a) or ing in a grade higher than the grade of rear ad- in lieu thereof ‘‘a person’’; and 611(a) of this title.’’. miral or major general.’’. (B) by striking out ‘‘the officer’’ and inserting (f) RATIFICATION OF CODIFIED PRACTICE.—The SEC. 512. ACTIVE STATUS SERVICE REQUIRE- in lieu thereof ‘‘the person’’. consideration by a special selection board con- MENT FOR PROMOTION CONSIDER- (c) CONFORMING AMENDMENTS.—(1) Sub- vened under section 628 of title 10, United States ATION FOR ARMY AND AIR FORCE section (c) of such section is amended— Code, before the date of the enactment of this RESERVE COMPONENT BRIGADIER (A) by inserting ‘‘REPORTS OF BOARDS.—’’ Act of a person who, at the time of consider- GENERALS. after ‘‘(c)’’; ation, was a retired officer or former officer of Section 14301 of title 10, United States Code, is (B) by striking out ‘‘officer’’ both places it ap- the Armed Forces (including a deceased retired amended by adding at the end the following pears in paragraph (1) and inserting in lieu or former officer) is hereby ratified. new subsection: thereof ‘‘person’’; and ‘‘(g) A reserve component brigadier general of SEC. 502. COMMUNICATION TO PROMOTION the Army or the Air Force who is in an inactive (C) in paragraph (2), by adding the following BOARDS BY OFFICERS UNDER CON- new sentence at the end: ‘‘However, in the case SIDERATION. status is eligible (notwithstanding subsection of a board convened under this section to con- Section 614(b) of title 10, United States Code, (a)) for consideration for promotion to major sider a warrant officer or former warrant offi- is amended by striking out ‘‘his case’’ and in- general by a promotion board convened under cer, the provisions of sections 576(d) and 576(f) serting in lieu thereof ‘‘enhancing his case for section 14101(a) of this title if the officer— of this title (rather than the provisions of sec- selection for promotion’’. ‘‘(1) has been in an inactive status for less tion 617(b) and 618 of this title) apply to the re- than one year as of the date of the convening of SEC. 503. PROCEDURES FOR SEPARATION OF the promotion board; and port and proceedings of the board in the same REGULAR OFFICERS FOR SUB- ‘‘(2) had continuously served for at least one manner as they apply to the report and proceed- STANDARD PERFORMANCE OF DUTY year on the reserve active status list or the ac- ings of a selection board convened under section OR CERTAIN OTHER REASONS. tive duty list (or a combination of both) imme- 573 of this title.’’. (a) ELIMINATION OF REQUIREMENT FOR A diately before the officer’s most recent transfer (2) Subsection (d)(1) of such section is amend- BOARD OF REVIEW.—Section 1182(c) of title 10, to an inactive status.’’. ed— United States Code, is amended by striking out (A) by inserting ‘‘APPOINTMENT OF PERSONS ‘‘it shall send the record of its proceedings to a SEC. 513. REVISION TO EDUCATIONAL REQUIRE- MENT FOR PROMOTION OF RESERVE SELECTED BY BOARDS.—’’ after ‘‘(d)’’; board of review convened under section 1183 of OFFICERS. (B) by striking out ‘‘an officer’’ and inserting this title’’ and inserting in lieu thereof ‘‘it shall (a) EXTENSION FOR ARMY OCS GRADUATES.— in lieu thereof ‘‘a person’’; report that determination to the Secretary con- Section 12205(b)(4) of title 10, United States (C) by striking out ‘‘such officer’’ and insert- cerned’’; Code, is amended by inserting after ‘‘October 1, ing in lieu thereof ‘‘that person’’; (b) REPEAL OF BOARD OF REVIEW.—(1) Section 1995’’ the following: ‘‘, or in the case of an offi- (D) by striking out ‘‘the next higher grade’’ 1183 of such title is repealed. cer commissioned through the Army Officer the second place it appears and inserting in lieu (2) The table of sections at the beginning of Candidate School, October 1, 2000’’. thereof ‘‘that grade’’; chapter 60 of such title is amended by striking (b) EFFECTIVE DATE.—The amendment made (E) by adding at the end the following: ‘‘How- out the item relating to section 1183. by subsection (a) shall take effect as of October ever, in the case of a board convened under this (c) CONFORMING AMENDMENTS.—(1) Section 1, 1995. section to consider a warrant officer or former 1184 of such title is amended by striking out warrant officer, if the report of that board, as ‘‘board of review convened under section 1183 of Subtitle C—Military Education and Training approved by the Secretary concerned, rec- this title’’ and inserting in lieu thereof ‘‘board SEC. 521. REQUIREMENTS RELATING TO RECRUIT ommends that warrant officer or former warrant of inquiry convened under section 1182 of this BASIC TRAINING. officer for promotion to the next higher grade, title’’. (a) ARMY.—(1) Chapter 401 of title 10, United that person shall, as soon as practicable, be ap- (2) The heading of such section and the item States Code, is amended by adding at the end pointed to the next higher grade in accordance relating to such section in the table of sections the following new section: with provisions of section 578(c) of this title at the beginning of chapter 60 of such title are ‘‘§ 4319. Recruit basic training: separate pla- (rather than subsections (b), (c), and (d) of sec- amended by striking out the last two words. toons and separate housing for male and fe- tion 624 of this title).’’. (d) ELIMINATION OF 30-DAY NOTICE REQUIRE- male recruits (3) Subsection (d)(2) of such section is amend- MENT.—Section 1185(a)(1) of such title is amend- ‘‘(a) SEPARATE PLATOONS.—The Secretary of ed— ed by striking out ‘‘, at least 30 days before the the Army shall require that during basic train- (A) by striking out ‘‘An officer who is pro- hearing of his case by a board of inquiry,’’. ing— moted’’ and inserting in lieu thereof ‘‘A person SEC. 504. POSTHUMOUS COMMISSIONS AND WAR- ‘‘(1) male recruits shall be assigned to pla- who is appointed’’; RANTS. toons consisting only of male recruits; and (B) by striking out ‘‘such promotion’’ and in- Section 1521 of title 10, United States Code, is ‘‘(2) female recruits shall be assigned to pla- serting in lieu thereof ‘‘that appointment’’; and amended— toons consisting only of female recruits. (C) by adding at the end the following new (1) by inserting ‘‘(whether before or after the ‘‘(b) SEPARATE HOUSING FACILITIES.—The Sec- sentence: ‘‘In the case of a person who is not on member’s death)’’ in subsection (a)(3) after ‘‘ap- retary of the Army shall require that during the active-duty list when appointed to the next proved by the Secretary concerned’’; and basic training male and female recruits be higher grade, placement of that person on the (2) by adding at the end of subsection (b) the housed in separate barracks or other troop active-duty list pursuant to the preceding sen- following new sentence: ‘‘In the case of a mem- housing facilities. H3520 CONGRESSIONAL RECORD — HOUSE May 20, 1998

‘‘(c) INTERIM AUTHORITY FOR HOUSING RE- during any period that the waiver is in effect (b) ARMY.—(1) Chapter 401 of title 10, United CRUITS ON SEPARATE FLOORS.—(1) If the Sec- not be housed on the same floor of a barracks or States Code, is amended by adding after section retary of the Army determines that it is not fea- other troop housing facility. 4319, as added by section 521(a)(1), the following sible, during some or all of the period beginning ‘‘(d) BASIC TRAINING DEFINED.—In this sec- new section: on April 15, 1999, and ending on October 1, 2001, tion, the term ‘basic training’ means the initial ‘‘§ 4320. Recruit basic training: privacy to comply with subsection (b) at any particular entry training programs of the Navy and Ma- ‘‘The Secretary of the Army shall require that installation at which basic training is conducted rine Corps that constitute the basic training of access by drill sergeants and other training per- because facilities at that installation are insuffi- new recruits.’’. sonnel to a barracks floor on which recruits are cient for such purpose, the Secretary may grant (2) The tables of chapters at the beginning of housed during basic training shall be limited a waiver of subsection (b) with respect to that subtitle C, and at the beginning of part III of after the end of the training day, other than in installation. Any such waiver may not be in ef- subtitle C, of such title are amended by inserting the case of an emergency or other exigent cir- fect after October 1, 2001, and may only be in ef- after the item relating to chapter 601 the follow- cumstance, to drill sergeants and other training fect while the facilities at that installation are ing new item: personnel who are of the same sex as the re- insufficient for the purposes of compliance with ...... ‘‘602. Training Generally 6931’’. cruits housed on that floor.’’. subsection (b). (3) The Secretary of the Navy shall implement (2) The table of sections at the beginning of ‘‘(2) If the Secretary grants a waiver under section 6931 of title 10, United States Code, as such chapter is amended by adding after the paragraph (1) with respect to an installation, added by paragraph (1), as rapidly as feasible item relating to section 4319, as added by section the Secretary shall require that male and female and shall ensure that the provisions of that sec- 521(a)(2), the following new item: recruits in basic training at that installation tion are applied to all recruit basic training ‘‘4320. Recruit basic training: privacy.’’. during any period that the waiver is in effect classes beginning not later than the first such (3) The Secretary of the Army shall implement not be housed on the same floor of a barracks or class that enters basic training on or after April section 4320 of title 10, United States Code, as other troop housing facility. 15, 1999. added by paragraph (1), as rapidly as feasible ‘‘(d) BASIC TRAINING DEFINED.—In this sec- (c) AIR FORCE.—(1) Chapter 901 of title 10, and shall ensure that the provisions of that sec- tion, the term ‘basic training’ means the initial United States Code, is amended by adding at the tion are applied to all recruit basic training entry training program of the Army that con- end the following new section: classes beginning not later than the first such stitutes the basic training of new recruits.’’. ‘‘§ 9319. Recruit basic training: separate class that enters basic training on or after April (2) The table of sections at the beginning of flights and separate housing for male and 15, 1999. such chapter is amended by adding at the end female recruits (c) NAVY.—(1) Chapter 602 of title 10, United the following new item: States Code, as added by section 521(b)(1), is ‘‘(a) SEPARATE FLIGHTS.—The Secretary of the ‘‘4319. Recruit basic training: separate platoons Air Force shall require that during basic train- amended by adding at the end the following and separate housing for male ing— new section: and female recruits.’’. ‘‘(1) male recruits shall be assigned to flights ‘‘§ 6932. Recruit basic training: privacy (3) The Secretary of the Army shall implement consisting only of male recruits; and ‘‘The Secretary of the Navy shall require that section 4319 of title 10, United States Code, as ‘‘(2) female recruits shall be assigned to flights access by recruit division commanders and other added by paragraph (1), as rapidly as feasible consisting only of female recruits. training personnel to a barracks floor on which and shall ensure that the provisions of that sec- ‘‘(b) SEPARATE HOUSING.—The Secretary of Navy recruits are housed during basic training tion are applied to all recruit basic training the Air Force shall require that during basic shall be limited after the end of the training classes beginning not later than the first such training male and female recruits be housed in day, other than in the case of an emergency or class that enters basic training on or after April separate dormitories or other troop housing fa- other exigent circumstance, to recruit division 15, 1999. cilities. commanders and other training personnel who (b) NAVY AND MARINE CORPS.—(1) Part III of ‘‘(c) INTERIM AUTHORITY FOR HOUSING RE- are of the same sex as the recruits housed on subtitle C of title 10, United States Code, is CRUITS ON SEPARATE FLOORS.—(1) If the Sec- that floor.’’. amended by inserting after chapter 601 the fol- retary of the Air Force determines that it is not (2) The table of sections at the beginning of lowing new chapter: feasible, during some or all of the period begin- such chapter is amended by adding at the end ‘‘CHAPTER 602—TRAINING GENERALLY ning on April 15, 1999, and ending on October 1, the following new item: 2001, to comply with subsection (b) at any par- ‘‘Sec. ‘‘6932. Recruit basic training: privacy.’’. ticular installation at which basic training is ‘‘6931. Recruit basic training: separate small conducted because facilities at that installation (3) The Secretary of the Navy shall implement units and separate housing for are insufficient for such purpose, the Secretary section 6932 of title 10, United States Code, as male and female recruits. may grant a waiver of subsection (b) with re- added by paragraph (1), as rapidly as feasible ‘‘§ 6931. Recruit basic training: separate small spect to that installation. Any such waiver may and shall ensure that the provisions of that sec- units and separate housing for male and fe- not be in effect after October 1, 2001, and may tion are applied to all recruit basic training male recruits only be in effect while the facilities at that in- classes beginning not later than the first such ‘‘(a) SEPARATE SMALL UNIT ORGANIZATION.— stallation are insufficient for the purposes of class that enters basic training on or after April The Secretary of the Navy shall require that compliance with subsection (b). 15, 1999. during basic training— ‘‘(2) If the Secretary grants a waiver under (d) AIR FORCE.—(1) Chapter 901 of title 10, ‘‘(1) male recruits in the Navy shall be as- paragraph (1) with respect to an installation, United States Code, is amended by adding after signed to divisions, and male recruits in the Ma- the Secretary shall require that male and female section 9319, as added by section 521(c)(1), the rine Corps shall be assigned to platoons, consist- recruits in basic training at that installation following new section: ing only of male recruits; and during any period that the waiver is in effect ‘‘§ 9320. Recruit basic training: privacy ‘‘(2) female recruits in the Navy shall be as- not be housed on the same floor of a dormitory ‘‘The Secretary of the Air Force shall require signed to divisions, and female recruits in the or other troop housing facility. that access by drill sergeants and other training Marine Corps shall be assigned to platoons, con- ‘‘(d) BASIC TRAINING DEFINED.—In this sec- personnel to a dormitory floor on which recruits sisting only of female recruits. tion, the term ‘basic training’ means the initial are housed during basic training shall be limited ‘‘(b) SEPARATE HOUSING.—The Secretary of entry training program of the Air Force that after the end of the training day, other than in the Navy shall require that during basic train- constitutes the basic training of new recruits.’’. the case of an emergency or other exigent cir- ing male and female recruits be housed in sepa- (2) The table of sections at the beginning of cumstance, to drill sergeants and other training rate barracks or other troop housing facilities. such chapter is amended by adding at the end personnel who are of the same sex as the re- ‘‘(c) INTERIM AUTHORITY FOR HOUSING RE- the following new item: cruits housed on that floor.’’. CRUITS ON SEPARATE FLOORS.—(1) If the Sec- ‘‘9319. Recruit basic training: separate flights (2) The table of sections at the beginning of retary of the Navy determines that it is not fea- and separate housing for male such chapter is amended by adding after the sible, during some or all of the period beginning and female recruits.’’. item relating to section 9312, as added by section on April 15, 1999, and ending on October 1, 2001, (3) The Secretary of the Air Force shall imple- 521(c)(2), the following new item: to comply with subsection (b) at any particular ment section 9319 of title 10, United States Code, ‘‘9320. Recruit basic training: privacy.’’. installation at which basic training is conducted as added by paragraph (1), as rapidly as fea- (3) The Secretary of the Air Force shall imple- because facilities at that installation are insuffi- sible and shall ensure that the provisions of that ment section 9320 of title 10, United States Code, cient for that purpose, the Secretary may grant section are applied to all recruit basic training as added by paragraph (1), as rapidly as fea- a waiver of subsection (b) with respect to that classes beginning not later than the first such sible and shall ensure that the provisions of that installation. Any such waiver may not be in ef- class that enters basic training on or after April section are applied to all recruit basic training fect after October 1, 2001, and may only be in ef- 15, 1999. classes beginning not later than the first such fect while the facilities at that installation are SEC. 522. AFTER-HOURS PRIVACY FOR RECRUITS class that enters basic training on or after April insufficient for the purposes of compliance with DURING BASIC TRAINING. 15, 1999. subsection (b). (a) PURPOSE.—The purpose of this section is SEC. 523. EXTENSION OF REPORTING DATES FOR ‘‘(2) If the Secretary grants a waiver under to ensure that military recruits are provided COMMISSION ON MILITARY TRAIN- paragraph (1) with respect to an installation, some degree of privacy during basic training ING AND GENDER-RELATED ISSUES. the Secretary shall require that male and female when in their barracks after completion of the (a) FIRST REPORT.—Subsection (e)(1) of sec- recruits in basic training at that installation normal training day. tion 562 of the National Defense Authorization May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3521 Act for Fiscal Year 1998 (Public Law 105–85; 111 them for award of the Purple Heart or the medal (2) honors those who gave their lives in the Stat. 1754) is amended by striking out ‘‘April 15, described in paragraph (2). line of duty while serving in the Asiatic Fleet. 1998’’ and inserting in lieu thereof ‘‘October 15, (b) LIMITATION ON IMPLEMENTATION.—Any SEC. 534. APPRECIATION FOR SERVICE DURING 1998’’. such decoration may only be implemented as WORLD WAR I AND WORLD WAR II BY (b) FINAL REPORT.—Subsection (e)(2) of such provided by a law enacted after the date of the MEMBERS OF THE NAVY ASSIGNED section is amended by striking out ‘‘September enactment of this Act. ON BOARD MERCHANT SHIPS AS THE 16, 1998’’ and inserting in lieu thereof ‘‘March (c) RECOMMENDATION TO CONGRESS.—Not NAVAL ARMED GUARD SERVICE. 15, 1999’’. later than July 31, 1999, the Secretary shall sub- (a) FINDINGS.—Congress makes the following SEC. 524. IMPROVED OVERSIGHT OF INNOVATIVE mit to Congress a legislative proposal that findings: READINESS TRAINING. would, if enacted, establish the new decorations (1) The Navy established a special force dur- (a) IN GENERAL.—Section 2012 of title 10, developed pursuant to subsection (a). The Sec- ing both World War I and World War II, known United States Code, is amended by adding at the retary shall include with that proposal the Sec- as the Naval Armed Guard Service, to protect end the following new subsection: retary’s recommendation concerning the need merchant ships of the United States from enemy ‘‘(j) OVERSIGHT AND COST ACCOUNTING.—The for, and propriety of, each of the decorations. attack by stationing members of the Navy and Secretary of Defense shall establish a program (d) COORDINATION.—The Secretary shall carry weapons on board those ships. to improve the oversight and cost accounting of out this section in coordination with the Sec- (2) Members of the Naval Armed Guard Serv- training projects conducted in accordance with retaries of the military departments and the Sec- ice served on 6,236 merchant ships during World this section. The program shall include measures retary of Transportation with regard to the War II, of which 710 were sunk by enemy ac- to accomplish the following: Coast Guard. tion. ‘‘(1) Ensure that each project that is proposed SEC. 532. WAIVER OF TIME LIMITATIONS FOR (3) Over 144,900 members of the Navy served in to be conducted in accordance with this section AWARD OF CERTAIN DECORATIONS TO SPECIFIED PERSONS. the Naval Armed Guard Service during World (regardless of whether additional funding from War II as officers, gun crewmen, signalmen, and (a) WAIVER OF TIME LIMITATION.—Any limita- the Secretary of Defense is sought) is requested radiomen, of whom 1,810 were killed in action. in writing, reviewed for full compliance with tion established by law or policy for the time (4) The efforts of the members of the Naval this section, and approved in advance of initi- within which a recommendation for the award Armed Guard Service played a significant role ation by the Secretary of the military depart- of a military decoration or award must be sub- in the safe passage of United States merchant ment concerned and, in the case of a project mitted shall not apply in the case of awards of ships to their destinations in the Soviet Union that seeks additional funding from the Secretary decorations described in subsection (b), the and various locations in western Europe and of Defense, by the Secretary of Defense. award of each such decoration having been de- the Pacific Theater. ‘‘(2) Ensure that each project that is con- termined by the Secretary of the military depart- ducted in accordance with this section is re- ment concerned to be warranted in accordance (5) The efforts of the members of the Navy quired to provide, within a specified period fol- with section 1130 of title 10, United States Code. who served in the Naval Armed Guard Service lowing completion of the project, an after-action (b) DISTINGUISHED FLYING CROSS.—Subsection have been largely overlooked due to the rapid report to the Secretary of Defense. (a) applies to awards of the Distinguished Fly- disbanding of the service after World War II ‘‘(3) Require that each application for a ing Cross for service during World War II or and lack of adequate records. project to be conducted in accordance with this Korea (including multiple awards to the same (6) Recognition of the service of the naval per- section include an analysis and certification individual) in the case of each individual con- sonnel who served in the Naval Armed Guard that the proposed project would not result in a cerning whom the Secretary of the Navy (or an Service is highly warranted and long overdue. significant increase in the cost of training (as officer of the Navy acting on behalf of the Sec- (b) SENSE OF CONGRESS.—Congress expresses determined in accordance with procedures pre- retary) submitted to the Committee on National its appreciation, and the appreciation of the scribed by the Secretary of Defense). Security of the House of Representatives and American people, for the dedicated service per- ‘‘(4) Determine the total program cost for each the Committee on Armed Services of the Senate, formed during World War I and World War II project, including both those costs that are before the date of the enactment of this Act, a by members of the Navy assigned as gun crews borne by the military departments from their notice as provided in section 1130(b) of title 10, on board merchant ships as part of the Naval own accounts and those costs that are borne by United States Code, that the award of the Dis- Armed Guard Service. defense-wide accounts. tinguished Flying Cross to that individual is SEC. 535. SENSE OF CONGRESS REGARDING THE ‘‘(5) Provide for oversight of project execution warranted and that a waiver of time restrictions HEROISM, SACRIFICE, AND SERVICE to ensure that a training project under this sec- prescribed by law for recommendation for such OF THE MILITARY FORCES OF tion is carried out in accordance with the pro- award is recommended. SOUTH VIETNAM AND OTHER NA- posal for that project as approved.’’. SEC. 533. COMMENDATION OF THE NAVY AND MA- TIONS IN CONNECTION WITH THE (b) IMPLEMENTATION.—The Secretary of De- RINE CORPS PERSONNEL WHO UNITED STATES ARMED FORCES fense may not initiate any project under section SERVED IN THE UNITED STATES DURING THE VIETNAM CONFLICT. 2012 of title 10, United States Code, after Octo- NAVY ASIATIC FLEET FROM 1910– (a) FINDINGS.—Congress finds the following: ber 1, 1998, until the program required by sub- 1942. (1) South Vietnam, Australia, South Korea, section (i) of that section (as added by sub- (a) FINDINGS.—Congress makes the following Thailand, New Zealand, and the Philippines section (a)) has been established. findings: contributed military forces, together with the (1) The United States established the Asiatic United States, during military operations con- Subtitle D—Decorations, Awards, and Fleet of the Navy in 1910 to protect American Commendations ducted in Southeast Asia during the Vietnam nationals, policies, and possessions in the Far conflict. SEC. 531. STUDY OF NEW DECORATIONS FOR IN- East. (2) The contributions of the combat forces JURY OR DEATH IN LINE OF DUTY. (2) The sailors and Marines of the Asiatic from these nations continued through long (a) DETERMINATION OF CRITERIA FOR NEW Fleet ensured the safety of United States citi- years of armed conflict. DECORATION.—(1) The Secretary of Defense zens and foreign nationals, and provided hu- shall determine the appropriate name, policy, manitarian assistance in that region during the (3) As a result, in addition to the United award criteria, and design for two possible new Chinese civil war, the Yangtze Flood of 1931, States casualties exceeding 210,000, this willing- decorations. and the outbreak of Sino-Japanese hostilities. ness to participate in the Vietnam conflict re- (2) The first such decoration would, if imple- (3) In 1940, due to deteriorating political rela- sulted in the death, and wounding of more than mented, be awarded to members of the Armed tions and increasing tensions between the 1,000,000 military personnel from South Vietnam Forces who, while serving under competent au- United States and Japan, a reinforced Asiatic and 16,000 from other allied nations. thority in any capacity with the Armed Forces, Fleet began concentrating on the defense of the (4) The service of the Vietnamese and other are killed or injured in the line of duty as a re- Philippines and engaged in extensive training to allied nations was repeatedly marked by excep- sult of noncombat circumstances occurring— ensure maximum operational readiness for any tional heroism and sacrifice, with particularly (A) as a result of an international terrorist at- eventuality. noteworthy contributions being made by the Vi- tack against the United States or a foreign na- (4) Following the declaration of war against etnamese airborne, commando, infantry and tion friendly to the United States; Japan in December 1941, the warships, sub- ranger units, the Republic of Korea marines, the (B) while engaged in, training for, or travel- marines, and aircraft of the Asiatic Fleet singly Capital and White Horse divisions, the Royal ing to or from a peacetime or contingency oper- or in task forces courageously fought many bat- Thai Army Black Panther Division, the Royal ation; or tles against a superior Japanese armada. Australian Regiment, the New Zealand ‘‘V’’ (C) while engaged in, training for, or travel- (5) The Asiatic Fleet directly suffered the loss force, and the 1st Philippine Civic Action ing to or from service outside the territory of the of 22 vessels, 1,826 men killed or missing in ac- Group. United States as part of a peacekeeping force. tion, and 518 men captured and imprisoned (b) SENSE OF CONGRESS.—Congress recognizes (3) The second such decoration would, if im- under the worst of conditions, with many of and honors the members and former members of plemented, be awarded to civilian nationals of them dying while held as prisoners of war. the military forces of South Vietnam, the Re- the United States who, while serving under com- (b) CONGRESSIONAL COMMENDATION.—Con- public of Korea, Thailand, Australia, New Zea- petent authority in any capacity with the gress— land, and the Philippines for their heroism, sac- Armed Forces, are killed or injured in the line of (1) commends the Navy and Marine Corps per- rifice and service in connection with United duty under circumstances which, if they were sonnel who served in the Asiatic Fleet of the States Armed Forces during the Vietnam con- members of the Armed Forces, would qualify United States Navy between 1910 and 1942; and flict. H3522 CONGRESSIONAL RECORD — HOUSE May 20, 1998 SEC. 536. SENSE OF CONGRESS REGARDING THE ‘‘(2) shall be assigned duties as advisers to the ‘‘For cases accepted The percentage on HEROISM, SACRIFICE, AND SERVICE director or executive director or other staff mem- during— which final action OF FORMER SOUTH VIETNAMESE bers on legal and medical matters, respectively, must be completed COMMANDOS IN CONNECTION WITH that are being considered by the agency. within 10 months of UNITED STATES ARMED FORCES DURING THE VIETNAM CONFLICT. ‘‘(c) In this section, the term ‘service review receipt is— (a) FINDINGS.—Congress finds the following: agency’ means— the period of fiscal years 2003 and 60 (1) South Vietnamese commandos were re- ‘‘(1) with respect to the Department of the 2004. cruited by the United States as part of OPLAN Army, the Army Review Boards Agency; the period of fiscal years 2005, 2006, 70 34A or its predecessor or OPLAN 35 from 1961 to ‘‘(2) with respect to the Department of the and 2007. 1970. Navy, the Board for Correction of Naval the period of fiscal years 2008, 2009, 80 (2) The commandos conducted covert oper- Records; and and 2010. ations in North Vietnam during the Vietnam ‘‘(3) with respect to the Department of the Air the period of any fiscal year after fis- 90. conflict. Force, the Air Force Review Boards Agency.’’. cal year 2010. (3) Many of the commandos were captured (2) The table of sections at the beginning of ‘‘(b) CLEARANCE DEADLINE FOR ALL CASES.— and imprisoned by North Vietnamese forces, such chapter is amended by adding at the end Effective October 1, 2002, final action on all some for as long as 20 years. the following new item: cases accepted for consideration by a Correc- (4) The commandos served and fought proudly ‘‘1555. Professional staff.’’. tions Board (other than those cases considered during the Vietnam conflict. (b) EFFECTIVE DATE.—Section 1555 of title 10, suitable for administrative correction) shall be (5) Many of the commandos lost their lives United States Code, as added by subsection (a), completed within 18 months of receipt. serving in operations conducted by the United shall take effect 180 days after the date of the ‘‘(c) WAIVER AUTHORITY.—The Secretary of States during the Vietnam conflict. enactment of this Act. the military department concerned may exclude (6) Many of the Vietnamese commandos now SEC. 543. EX PARTE COMMUNICATIONS. an individual case from the timeliness standards reside in the United States. prescribed in subsections (a) and (b) if the Sec- (a) IN GENERAL.—(1) Chapter 79 of title 10, (b) SENSE OF CONGRESS—Congress recognizes retary determines that the case warrants a United States Code, is amended by adding after and honors the former South Vietnamese com- longer period of consideration. The authority of section 1555, as added by section 542(a)(1), the mandos for their heroism, sacrifice, and service the Secretary of a military department under following new section: in connection with United States armed forces this subsection may not be delegated. during the Vietnam conflict. ‘‘§ 1556. Ex parte communications prohibited ‘‘(d) REPORTS ON FAILURE TO MEET TIMELI- Subtitle E—Administration of Agencies Re- ‘‘(a) IN GENERAL.—The Secretary of each mili- NESS STANDARDS.—The Secretary of the military sponsible for Review and Correction of Mili- tary department shall ensure that an applicant department concerned shall submit to the Com- tary Records seeking corrective action by the Army Review mittee on Armed Services of the Senate and the SEC. 541. PERSONNEL FREEZE. Boards Agency, the Air Force Review Boards Committee on National Security of the House of (a) LIMITATION.—During fiscal years 1999, Agency, or the Board for Correction of Naval Representatives a report not later than June 1 2000, and 2001, the Secretary of a military de- Records, as the case may be, is provided a copy following any fiscal year during which the Cor- partment may not carry out any reduction in of all correspondence and communications (in- rections Board of that Secretary’s military de- the number of military and civilian personnel cluding summaries of verbal communications) to partment was unable to meet the timeliness assigned to duty with the service review agency or from the agency or board, or a member of the standards in subsections (a) and (b). The report for that military department below the baseline staff of the agency or board, with an entity or shall specify the reasons why the standard number for that agency until— person outside the agency or board that pertain could not be met and the corrective actions initi- (1) the Secretary submits to Congress a report directly to the applicant’s case or have a mate- ated to ensure compliance in the future. The re- that describes the reduction proposed to be rial effect on the applicant’s case. port shall also specify the number of waivers made, provides the Secretary’s rationale for that ‘‘(b) EXCEPTIONS.—Subsection (a) does not granted under subsection (c) during that fiscal reduction, and specifies the number of such per- apply to the following: year. sonnel that would be assigned to duty with that ‘‘(1) Classified information. ‘‘(e) CORRECTIONS BOARD DEFINED.—In this agency after the reduction; and ‘‘(2) Information the release of which is other- section, the term ‘Corrections Board’ means— (2) a period of 90 days has elapsed after the wise prohibited by law or regulation. ‘‘(1) with respect to the Department of the date on which such report is submitted. ‘‘(3) Any record previously provided to the ap- Army, the Army Board for Correction of Mili- (b) BASELINE NUMBER.—The baseline number plicant or known to be possessed by the appli- tary Records; for a service review agency under this section cant. ‘‘(2) with respect to the Department of the is— ‘‘(4) Any correspondence that is purely ad- Navy, the Board for Correction of Naval (1) for purposes of the first report with respect ministrative in nature. Records; and to a service review agency under this section, ‘‘(5) Any military record that is (or may be) ‘‘(3) with respect to the Department of the Air the number of military and civilian personnel provided to the applicant by the Secretary of the Force, the Air Force Board for Correction of assigned to duty with that agency as of October military department or other source.’’. Military Records.’’. 1, 1997; and (2) The table of sections at the beginning of (b) CLERICAL AMENDMENT.—The table of sec- (2) for purposes of any subsequent report with such chapter is amended by adding after the tions at the beginning of such chapter is amend- respect to a service review agency under this item relating to 1555, as added by section ed by adding after the item relating to section section, the number of such personnel specified 542(a)(2), the following new item: 1556, as added by section 543(a)(2), the following in the most recent report with respect to that ‘‘1556. Ex parte communications prohibited.’’. new item: agency under this section. (b) EFFECTIVE DATE.—Section 1556 of title 10, ‘‘1557. Timeliness standards for disposition of (c) SERVICE REVIEW AGENCY DEFINED.—In this United States Code, as added by subsection (a), cases before Corrections Boards.’’. section, the term ‘service review agency’ shall apply with respect to correspondence and means— Subtitle F—Other Matters (1) with respect to the Department of the communications made 60 days or more after the SEC. 551. ONE-YEAR EXTENSION OF CERTAIN Army, the Army Review Boards Agency; date of the enactment of this Act. FORCE DRAWDOWN TRANSITION AU- (2) with respect to the Department of the SEC. 544. TIMELINESS STANDARDS. THORITIES RELATING TO PERSON- Navy, the Board for Correction of Naval (a) IN GENERAL.—Chapter 79 of title 10, NEL MANAGEMENT AND BENEFITS. Records; and United States Code, is amended by adding after (a) EARLY RETIREMENT AUTHORITY FOR AC- (3) with respect to the Department of the Air section 1556, as added by section 543(a)(1), the TIVE DUTY MEMBERS.—Section 4403(i) of the Na- Force, the Air Force Review Boards Agency. following new section: tional Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 1293 SEC. 542. PROFESSIONAL STAFF. ‘‘§ 1557. Timeliness standards for disposition note) is amended by striking out ‘‘October 1, (a) IN GENERAL.—(1) Chapter 79 of title 10, of cases before Corrections Boards 1999’’ and inserting in lieu thereof ‘‘October 1, United States Code, is amended by adding at the ‘‘(a) TEN-MONTH CLEARANCE PERCENTAGE.— end the following new section: 2000’’. Of the cases accepted for consideration by a (b) SSB AND VSI.—Sections 1174a(h) and ‘‘§ 1555. Professional staff Corrections Board during a period specified in 1175(d)(3) of title 10, United States Code, are ‘‘(a) The Secretary of each military depart- the following table, the percentage on which amended by striking out ‘‘September 30, 1999’’ ment shall assign to the staff of the service re- final action must be completed within 10 months and inserting in lieu thereof ‘‘September 30, view agency of that military department at least of receipt (other than for those cases considered 2000’’. one attorney and at least one physician. Such suitable for administrative correction) is as fol- (c) SELECTIVE EARLY RETIREMENT BOARDS.— assignments shall be made on a permanent, full- lows: Section 638a(a) of such title is amended by strik- time basis and may be made from members of the ‘‘For cases accepted The percentage on ing out ‘‘during the nine-year period beginning armed forces or civilian employees. during— which final action on October 1, 1990’’ and inserting in lieu thereof ‘‘(b) Personnel assigned pursuant to sub- must be completed ‘‘during the period beginning on October 1, 1990, section (a)— within 10 months of and ending on September 30, 2000’’. ‘‘(1) shall work under the supervision of the receipt is— (d) TIME-IN-GRADE REQUIREMENT FOR RETEN- director or executive director (as the case may the period of fiscal years 2001 and 50 TION OF GRADE UPON VOLUNTARY RETIRE- be) of the service review agency; and 2002. MENT.—Section 1370(a)(2)(A) of such title is May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3523 amended by striking out ‘‘during the nine-year striking out ‘‘during the nine-year period begin- sons dying on or after the date of the enactment period beginning on October 1, 1990’’ and insert- ning on October 1, 1990’’ and inserting in lieu of this Act. ing in lieu thereof ‘‘during the period beginning thereof ‘‘during the period beginning on October SEC. 554. CONTINUED ELIGIBILITY UNDER VOL- on October 1, 1990, and ending on September 30, 1, 1990, and ending on September 30, 2000’’. UNTARY SEPARATION INCENTIVE 2000’’. (k) FORCE REDUCTION TRANSITION PERIOD PROGRAM FOR MEMBERS WHO IN- (e) LENGTH OF COMMISSIONED SERVICE FOR DEFINITION.—Section 4411 of the National De- VOLUNTARILY LOSE MEMBERSHIP IN VOLUNTARY RETIREMENT AS AN OFFICER.—Sec- fense Authorization Act for Fiscal Year 1993 (10 A RESERVE COMPONENT. tions 3911(b), 6323(a)(2), and 8911(b) of such title U.S.C. 12681 note) is amended by striking out (a) CONTINUED ELIGIBILITY.—Section 1175(a) are amended by striking out ‘‘during the nine- ‘‘September 30, 1999’’ and inserting in lieu there- of title 10, United States Code, is amended by in- year period beginning on October 1, 1990’’ and of ‘‘September 30, 2000’’. serting before the period at the end ‘‘, or for the inserting in lieu thereof ‘‘during the period be- (l) TEMPORARY SPECIAL AUTHORITY FOR period described in section 1175(e)(1) of this sec- ginning on October 1, 1990, and ending on Sep- FORCE REDUCTION PERIOD RETIREMENTS.—Sec- tion if the member becomes ineligible for reten- tember 30, 2000’’. tion 4416(b)(1) of the National Defense Author- tion in an active or inactive status in a reserve (f) RETIREMENT OF CERTAIN LIMITED DUTY ization Act for Fiscal Year 1993 (10 U.S.C. 12681 component because of age, years of service, fail- OFFICERS OF THE NAVY AND MARINE CORPS.—(1) note) is amended by striking out ‘‘October 1, ure to select for promotion, or medical disquali- Sections 633 and 634 of such title are amended 1999’’ and inserting in lieu thereof ‘‘October 1, fication, so long as such ineligibility does not re- by striking out ‘‘October 1, 1999’’ in the last sen- 2000’’. sult from deliberate action on the part of the tence and inserting in lieu thereof ‘‘October 1, (m) RETIRED PAY FOR NON-REGULAR SERV- member with the intent to avoid retention in an 2000’’. ICE.—(1) Section 12731(f) of title 10, United active or inactive status in a reserve compo- (2) Section 6383 of such title is amended— States Code, is amended by striking out ‘‘Sep- nent.’’. (A) in subsection (a)(5), by striking out ‘‘Octo- tember 30, 1999’’ and inserting in lieu thereof (b) EFFECTIVE DATE.—The amendment made ber 1, 1999’’ and inserting in lieu thereof ‘‘Octo- ‘‘September 30, 2000’’. by subsection (a) applies with respect to any ber 1, 2000’’; and (2) Section 12731a of such title is amended in person provided a voluntary separation incen- (B) in subsection (k), by striking out ‘‘October subsections (a)(1)(B) and (b), by striking out tive under section 1175 of title 10, United States 1, 1999’’ in the last sentence and inserting in ‘‘October 1, 1999’’ and inserting in lieu thereof Code (whether before, on, or after the date of lieu thereof ‘‘October 1, 2000’’. ‘‘October 1, 2000’’. the enactment of this Act). (g) TRAVEL AND TRANSPORTATION ALLOW- (n) AFFILIATION WITH GUARD AND RESERVE SEC. 555. DEFINITION OF FINANCIAL INSTITU- ANCES AND STORAGE OF BAGGAGE AND HOUSE- UNITS; WAIVER OF CERTAIN LIMITATIONS.—Sec- TION FOR DIRECT DEPOSIT OF PAY. HOLD EFFECTS FOR CERTAIN MEMBERS BEING IN- tion 1150(a) of such title is amended by striking (a) SERVICEMEMBERS REIMBURSEMENT FOR EX- VOLUNTARILY SEPARATED.—Sections 404(c)(1)(C), out ‘‘during the nine-year period beginning on PENSES DUE TO GOVERNMENT ERROR.—Para- 404(f)(2)(B)(v), 406(a)(2)(B)(v), and 406(g)(1)(C) October 1, 1990’’ and inserting in lieu thereof graph (1) of section 1053(d) of title 10, United of title 37, United States Code, and section ‘‘during the period beginning on October 1, 1990, States Code, is amended to read as follows: 503(c) of the National Defense Authorization and ending on September 30, 2000’’. ‘‘(1) The term ‘financial institution’ means a Act for Fiscal Year 1991 (Public Law 101–510; 37 (o) RESERVE MONTGOMERY GI BILL.—Section bank, savings and loan association, or similar U.S.C. 406 note) are amended by striking out 16133(b)(1)(B) of such title is amended by strik- institution or a credit union chartered by the ‘‘during the nine-year period beginning on Oc- ing out ‘‘September 30, 1999’’ and inserting in United States or a State.’’. tober 1, 1990’’ and inserting in lieu thereof ‘‘dur- lieu thereof ‘‘September 30, 2000’’. (b) CIVILIAN EMPLOYEES REIMBURSEMENT FOR ing the period beginning on October 1, 1990, and SEC. 552. LEAVE WITHOUT PAY FOR ACADEMY CA- EXPENSES DUE TO GOVERNMENT ERROR.—Para- ending on September 30, 2000’’. DETS AND MIDSHIPMEN. graph (1) of section 1594(d) of such title is (h) EDUCATIONAL LEAVE RELATING TO CON- (a) AUTHORITY FOR LEAVE WITHOUT PAY.— amended to read as follows: TINUING PUBLIC AND COMMUNITY SERVICE.—Sec- Section 702 of title 10, United States Code, is ‘‘(1) The term ‘financial institution’ means a tion 4463(f) of the National Defense Authoriza- amended by adding at the end the following bank, savings and loan association, or similar tion Act for Fiscal Year 1993 (Public Law 102– new subsection: institution or a credit union chartered by the 484; 10 U.S.C. 1143a note) is amended by striking ‘‘(c)(1) The Secretary concerned may place an United States or a State.’’. out ‘‘September 30, 1999’’ and inserting in lieu academy cadet or midshipman on involuntary SEC. 556. INCREASE IN MAXIMUM AMOUNT FOR thereof ‘‘September 30, 2000’’. leave without pay if, under regulations pre- COLLEGE FUND PROGRAM. (i) TRANSITIONAL HEALTH, COMMISSARY, AND scribed by the Secretary concerned, the Super- (a) INCREASE IN MAXIMUM RATE FOR ACTIVE FAMILY HOUSING BENEFITS.— intendent of the Academy at which the cadet or COMPONENT MONTGOMERY GI BILL KICKER.— (1) HEALTH CARE.—Section 1145 of title 10, midshipman is admitted— Section 3015(d) of title 38, United States Code, is United States Code, is amended— ‘‘(A) has recommended that the cadet or mid- amended— (A) in subsections (a)(1) and (c)(1), by striking shipman be dismissed or discharged; out ‘‘during the nine-year period beginning on (1) by inserting ‘‘, at the time the individual ‘‘(B) has directed the cadet or midshipman re- first becomes a member of the Armed Forces,’’ October 1, 1990’’ and inserting in lieu thereof turn to the Academy to repeat an academic se- ‘‘during the period beginning on October 1, 1990, after ‘‘Secretary of Defense, may’’; and mester or year; (2) by striking out ‘‘$400’’ and all that follows and ending on September 30, 2000’’; and ‘‘(C) has otherwise recommended to the Sec- through ‘‘that date’’ and inserting in lieu there- (B) in subsection (e), by striking out ‘‘during retary for good cause that the cadet or mid- of ‘‘$950 per month’’. the five-year period beginning on October 1, shipman be placed on involuntary leave without (b) EFFECTIVE DATE.—The amendment made 1994’’ and inserting in lieu thereof ‘‘during the pay. by subsection (a) shall take effect on October 1, period beginning on October 1, 1994, and ending ‘‘(2) In this subsection, the term ‘academy 1999, and shall apply with respect to individuals on September 30, 2000’’. cadet or midshipman’ means— who first become members of the Armed Forces (2) COMMISSARY AND EXCHANGE BENEFITS.— ‘‘(A) a cadet of the United States Military on or after that date. Section 1146 of such title is amended— Academy; (A) by striking out ‘‘during the nine-year pe- ‘‘(B) a midshipman of the United States Naval SEC. 557. CENTRAL IDENTIFICATION LABORA- riod beginning on October 1, 1990’’ and inserting Academy; TORY, HAWAII. in lieu thereof ‘‘during the period beginning on ‘‘(C) a cadet of the United States Air Force (a) SENSE OF CONGRESS.—It is the sense of October 1, 1990, and ending on September 30, Academy; or Congress that the Central Identification Lab- 2000’’; and ‘‘(D) a cadet of the United States Coast Guard oratory, Hawaii, of the Department of the Army (B) by striking out ‘‘during the five-year pe- Academy.’’. is an important element of the Department of riod beginning on October 1, 1994’’ and inserting (b) EFFECTIVE DATE.—Subsection (c) of sec- Defense and is critical to the full accounting of in lieu thereof ‘‘during the period beginning on tion 702 of title 10, United States Code, as added members of the Armed Forces who have been October 1, 1994, and ending on September 30, by subsection (a), shall apply with respect to classified as POW/MIAs or are otherwise unac- 2000’’. academy cadets and midshipmen (as defined in counted for. (3) USE OF MILITARY HOUSING.—Section that subsection) who are placed on involuntary (b) REQUIRED STAFFING LEVEL.—The Sec- 1147(a) of such title is amended— leave after the date of the enactment of this Act. retary of Defense shall provide sufficient per- (A) in paragraph (1), by striking out ‘‘during SEC. 553. PROVISION FOR RECOVERY, CARE, AND sonnel to fill all authorized personnel positions the nine-year period beginning on October 1, DISPOSITION OF THE REMAINS OF of the Central Identification Laboratory, Ha- 1990’’ and inserting in lieu thereof ‘‘during the ALL MEDICALLY RETIRED MEMBERS. waii, Department of the Army. Those personnel period beginning on October 1, 1990, and ending (a) IN GENERAL.—Section 1481(a) of title 10, shall be drawn from members of the Army, on September 30, 2000’’; and United States Code, is amended— Navy, Air Force, and Marine Corps and from ci- (B) in paragraph (2), by striking out ‘‘during (1) in paragraph (1), by striking out ‘‘, or vilian personnel, as appropriate, considering the the five-year period beginning on October 1, member of an armed force without component,’’; proportion of POW/MIAs from each service. 1994’’ and inserting in lieu thereof ‘‘during the and (c) JOINT MANNING PLAN.—The Secretary of period beginning on October 1, 1994, and ending (2) in paragraph (7)— Defense shall develop and implement, not later on September 30, 2000’’. (A) by striking out ‘‘United States’’; and than March 31, 2000, a joint manning plan to (j) ENROLLMENT OF DEPENDENTS IN DEFENSE (B) by striking out ‘‘for a period of more than ensure the appropriate participation of the four DEPENDENTS’ EDUCATION SYSTEM.—Section 30 days,’’. services in the staffing of the Central Identifica- 1407(c)(1) of the Defense Dependents’ Education (b) EFFECTIVE DATE.—The amendments made tion Laboratory, Hawaii, as required by sub- Act of 1978 (20 U.S.C. 926(c)(1)) is amended by by subsection (a)(2) apply with respect to per- section (b). H3524 CONGRESSIONAL RECORD — HOUSE May 20, 1998

(d) LIMITATION ON REDUCTIONS.—The Sec- (2) The table of sections at the beginning of proximately 500 prisoners from the United States retary of the Army may not carry out any per- such chapter is amended by adding at the end Disciplinary Barracks, Fort Leavenworth, Kan- sonnel reductions (in authorized or assigned the following new item: sas, to the Federal Bureau of Prisons. personnel) at the Central Identification Labora- ‘‘12552. Funeral honor guard functions: prohibi- (b) MATTERS TO BE INCLUDED.—The Secretary tory, Hawaii, until the joint manning plan re- tion of treatment as drill or train- shall include in the report the following: quired by subsection (c) is implemented. ing.’’. (1) A description of the basis for the selection SEC. 558. HONOR GUARD DETAILS AT FUNERALS (c) REPEAL OF LIMITATION ON AVAILABILITY of prisoners to be transferred, particularly in OF VETERANS. OF FUNDS FOR HONOR GUARD FUNCTIONS BY NA- light of the fact that many of the prisoners (a) IN GENERAL.—(1) Chapter 75 of title 10, TIONAL GUARD.—Section 114 of title 32, United transferred are minimum or medium security United States Code, is amended by adding at the States Code, is amended— prisoners, who are considered to have the best end the following new section: (1) by striking out ‘‘(a)’’; and chance for rehabilitation, and whether the ‘‘§ 1491. Honor guard details at funerals of (2) by striking out subsection (b). transfer of those prisoners indicates a change in veterans (d) APPLICABILITY.—The amendments made by Department of Defense policy regarding the re- ‘‘(a) AVAILABILITY.—The Secretary of a mili- this section shall apply to burials of veterans habilitation of military prisoners. tary department shall, upon request, provide an that occur on or after October 1, 1999. (2) A comparison of the historical recidivism honor guard detail (or ensure that an honor (e) STUDY.—The Secretary of Defense, in co- rates of prisoners released from the United guard detail is provided) for the funeral of any ordination with the Secretary of Veterans Af- States Disciplinary Barracks and the Federal veteran. fairs, shall study alternative means for the pro- Bureau of Prisons, together with a description ‘‘(b) COMPOSITION OF HONOR GUARD DE- vision of honor guard details at funerals of vet- of any plans of the Army to track the parole TAILS.—The Secretary of each military depart- erans. Not later than March 31, 1999, the Sec- and recidivism rates of prisoners transferred to ment shall ensure that an honor guard detail retary shall submit to the Committee on Armed the Federal Bureau of Prisons and whether it for the funeral of a veteran consists of not less Services of the Senate and the Committee on Na- has tracked those factors for previous transfer- than three persons and (unless a bugler is part tional Security of the House of Representatives ees. of the detail) has the capability to play a re- a report setting forth the results of the study (3) A description of the projected future flow corded version of Taps. and the Secretary’s views and recommendations. of prisoners into the new United States Discipli- ‘‘(c) PERSONS FORMING HONOR GUARDS.—An (f) CONSULTATION WITH VETERANS SERVICE nary Barracks being constructed at Fort Leav- honor guard detail may consist of members of ORGANIZATIONS.—Before prescribing the initial enworth, Kansas, and whether the Secretary of the armed forces or members of veterans organi- regulations under section 1491 of title 10, United the Army plans to automatically send new pris- zations or other organizations approved for pur- States Code, as added by subsection (a), the Sec- oners to the Federal Bureau of Prisons without poses of this section under regulations pre- retary of Defense shall consult with veterans serving at the United States Disciplinary Bar- scribed by the Secretary of Defense. The Sec- service organizations to determine the views of racks if that Barracks is at capacity and wheth- retary of a military department may provide those organizations regarding methods for pro- er the Memorandum of Understanding between transportation, or reimbursement for transpor- viding honor guard details at funerals for veter- the Federal Bureau of Prisons and the Army tation, and expenses for a person who partici- ans, suggestions for organizing the system to covers that possibility. pates in an honor guard detail under this sec- provide those details, and estimates of the re- (4) A description of the cost of incarcerating a tion and is not a member of the armed forces or sources that those organizations could provide prisoner in the Federal Bureau of Prisons com- an employee of the United States. for honor guard details for veterans. ‘‘(d) REGULATIONS.—The Secretary of Defense pared to the United States Disciplinary Bar- shall by regulation establish a system for selec- SEC. 559. APPLICABILITY TO ALL PERSONS IN racks and the assessment of the Secretary as to CHAIN OF COMMAND OF POLICY RE- the extent to which the transfer of prisoners to tion of units of the armed forces and other orga- QUIRING EXEMPLARY CONDUCT BY nizations to provide honor guard details. The the Federal Bureau of Prisons by the Secretary COMMANDING OFFICERS AND OTH- of the Army is made in order to shift a budg- system shall place an emphasis on balancing the ERS IN AUTHORITY IN THE ARMED funeral detail workload among the units and or- FORCES. etary burden. ganizations providing honor guard details in an (a) IN GENERAL.—(1) Chapter 3 of title 10, (c) MONITORING.—During fiscal years 1999 equitable manner as they are able to respond to United States Code, is amended by inserting through 2003, the Secretary of the Army shall requests for such details in terms of geographic after section 121 the following new section: track the parole and recidivism rates of pris- oners transferred from the United States Dis- proximity and available resources. The Sec- ‘‘§ 121a. Requirement of exemplary conduct by ciplinary Barracks, Fort Leavenworth, Kansas, retary shall provide in such regulations that the civilians in chain of command to the Federal Bureau of Prisons. armed force in which a veteran served shall not ‘‘The President, as Commander in Chief, and be considered to be a factor when selecting the the Secretary of Defense are required (in the SEC. 561. REPORT ON PROCESS FOR SELECTION military unit or other organization to provide an OF MEMBERS FOR SERVICE ON same manner that commanding officers and oth- COURTS-MARTIAL. honor guard detail for the funeral of the vet- ers in authority in the Armed Forces are re- (a) REPORT REQUIRED.—Not later than April eran. quired)— ‘‘(e) ANNUAL REPORT.—The Secretary of De- 15, 1999, the Secretary of Defense shall submit to ‘‘(1) to show in themselves a good example of fense shall submit to the Committee on Armed Congress a report on the method of selection of virtue, honor, and patriotism and to subordinate Services of the Senate and the Committee on Na- members of the Armed Forces to serve on courts- themselves to those ideals; tional Security of the House of Representatives martial. ‘‘(2) to be vigilant in inspecting the conduct of a report not later than January 31 of each year all persons who are placed under their com- (b) MATTERS TO BE CONSIDERED.—In prepar- beginning with 2001 and ending with 2005 on the mand; ing the report, the Secretary shall— experience of the Department of Defense under ‘‘(3) to guard against and to put an end to all (1) direct the Secretaries of the military de- this section. Each such report shall provide data dissolute and immoral practices and to correct, partments to develop a plan for random selec- on the number of funerals supported under this according to the laws and regulations of the tion of members of courts-martial , subject to the section, cost for that support, shown by man- armed forces, all persons who are guilty of provisions relating to service on courts-martial power and other cost factors, and the number them; and specified in section 825(d)(2) of title 10, United and costs of funerals supported by each partici- ‘‘(4) to take all necessary and proper meas- States Code (article 25(d)(2) of the Uniform Code pating organization. The data in the report ures, under the laws, regulations, and customs of Military Justice), as a possible replacement shall be presented in a standard format, regard- of the armed forces, to promote and safeguard for the current system of selection by the con- less of military department or other organiza- the morale, the physical well-being, and the vening authority; and tion. general welfare of the officers and enlisted per- (2) obtain the views of the members of the ‘‘(f) VETERAN DEFINED.—In this section, the committee referred to in section 946 of such title term ‘veteran’ has the meaning given that term sons under their command or charge.’’. LERICAL AMENDMENT.—The table of sec- (known as the ‘‘Code Committee’’). in section 101(2) of title 38.’’. (b) C (2) The table of sections at the beginning of tions at the beginning of such chapter is amend- SEC. 562. STUDY OF REVISING THE TERM OF such chapter is amended by adding at the end ed by inserting after the item relating to section SERVICE OF MEMBERS OF THE the following new item: 121 the following new item: UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES. ‘‘1491. Honor guard details at funerals of veter- ‘‘121a. Requirement of exemplary conduct by ci- Not later than April 15, 1999, the Secretary of ans.’’. vilians in chain of command.’’. Defense shall submit to Congress a report on the (b) TREATMENT OF PERFORMANCE OF HONOR SEC. 560. REPORT ON PRISONERS TRANSFERRED FROM UNITED STATES DISCIPLI- desirability of revising the term of appointment GUARD FUNCTIONS BY RESERVES.—(1) Chapter NARY BARRACKS, FORT LEAVEN- of judges of the United States Court of Appeals 1215 of title 10, United States Code, is amended WORTH, KANSAS, TO FEDERAL BU- for the Armed Forces so that the term of a judge by adding at the end the following new section: REAU OF PRISONS. on that court is for a period of 15 years or until ‘‘§ 12552. Funeral honor guard functions: pro- (a) REPORT.—Not later than 90 days after the the judge attains the age of 65, whichever is hibition of treatment as drill or training date of the enactment of this Act, the Secretary later. In preparing the report, the Secretary ‘‘Performance by a Reserve of honor guard of Defense shall submit to Congress a report, to shall obtain the view of the members of the com- functions at the funeral of a veteran may not be be prepared by the General Counsel of the De- mittee referred to in section 946 of title 10, considered to be a period of drill or training oth- partment of Defense, concerning the decision of United States Code, (known as the ‘‘Code Com- erwise required.’’. the Secretary of the Army in 1994 to transfer ap- mittee’’). May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3525 SEC. 563. STATUS OF CADETS AT THE MERCHANT (1) by redesignating subsections (e) and (f) as SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BO- MARINE ACADEMY. subsections (f) and (g), respectively; and NUSES AND SPECIAL PAY AUTHORI- (a) STATUS OF CADETS.—Any citizen of the (2) by inserting after subsection (d) the follow- TIES FOR NURSE OFFICER CAN- DIDATES, REGISTERED NURSES, AND United States appointed as a cadet at the ing new subsection: United States Merchant Marine Academy shall NURSE ANESTHETISTS. ‘‘(e) SPECIAL RULE FOR CERTAIN ENLISTED RE- be considered to be a member of the United (a) NURSE OFFICER CANDIDATE ACCESSION SERVE MEMBERS.—Unless entitled to basic pay PROGRAM.—Section 2130a(a)(1) of title 10, States Naval Reserve. under section 204 of this title, an enlisted mem- (b) ELIGIBILITY.—The Secretary of Defense United States Code, is amended by striking out ber of a reserve component may receive, at the shall provide that cadets of the United States ‘‘September 30, 1999’’ and inserting in lieu there- discretion of the Secretary concerned, rations in Merchant Marine Academy shall be issued an of ‘‘September 30, 2000’’. kind, or a part thereof, when the member’s in- identification card (referred to as a ‘‘military ID (b) ACCESSION BONUS FOR REGISTERED struction or duty periods, as described in section card’’) and shall be entitled to all rights and NURSES.—Section 302d(a)(1) of title 37, United 206(a) of this title, total at least eight hours in privileges in accordance with the same eligibility States Code, is amended by striking out ‘‘Sep- a calendar day. The Secretary concerned may criteria as apply to other members of the Ready tember 30, 1999’’ and inserting in lieu thereof provide an enlisted member who could be pro- Reserve of the reserve components of the Armed ‘‘September 30, 2000’’. vided rations in kind under the preceding sen- Forces. (c) INCENTIVE SPECIAL PAY FOR NURSE ANES- tence with a commutation when rations in kind (c) COORDINATION WITH SECRETARY OF TRANS- THETISTS.—Section 302e(a)(1) of title 37, United are not available.’’. PORTATION.—The Secretary of Defense shall States Code, is amended by striking out ‘‘Sep- (b) APPLICATION DURING TRANSITIONAL PE- carry out this section in coordination with the tember 30, 1999’’ and inserting in lieu thereof RIOD.—Section 602(d)(1) of the National Defense Secretary of Transportation. ‘‘September 30, 2000’’. Authorization Act for Fiscal Year 1998 (Public TITLE VI—COMPENSATION AND OTHER SEC. 613. ONE-YEAR EXTENSION OF AUTHORITIES PERSONNEL BENEFITS Law 105–85; 37 U.S.C. 402 note) is amended by adding at the end the following new subpara- RELATING TO PAYMENT OF OTHER Subtitle A—Pay and Allowances BONUSES AND SPECIAL PAYS. graph: SEC. 601. INCREASE IN BASIC PAY FOR FISCAL (a) AVIATION OFFICER RETENTION BONUS.— ‘‘(D) SPECIAL RULE FOR CERTAIN ENLISTED RE- YEAR 1999. Section 301b(a) of title 37, United States Code, is SERVE MEMBERS.—Unless entitled to basic pay (a) WAIVER OF SECTION 1009 ADJUSTMENT.— amended by striking out ‘‘September 30, 1999,’’ under section 204 of title 37, United States Code, Except as provided in subsection (b), the adjust- and inserting in lieu thereof ‘‘September 30, an enlisted member of a reserve component (as ment, to become effective during fiscal year 1999, 2000,’’. defined in section 101(24) of such title) may re- required by section 1009 of title 37, United States (b) REENLISTMENT BONUS FOR ACTIVE MEM- ceive, at the discretion of the Secretary con- Code, in the rate of monthly basic pay author- BERS.—Section 308(g) of title 37, United States cerned (as defined in section 101(5) of such ized members of the uniformed services by sec- Code, is amended by striking out ‘‘September 30, title), rations in kind, or a part thereof, when tion 203(a) of such title shall not be made. 1999’’ and inserting in lieu thereof ‘‘September the member’s instruction or duty periods (as de- (b) INCREASE IN BASIC PAY.—Effective on Jan- 30, 2000’’. scribed in section 206(a) of such title) total at uary 1, 1999, the rates of basic pay of members (c) ENLISTMENT BONUSES FOR MEMBERS WITH least eight hours in a calendar day. The Sec- of the uniformed services shall be increased by CRITICAL SKILLS.—Sections 308a(c) and 308f(c) retary concerned may provide an enlisted mem- the greater of— of title 37, United States Code, are each amend- ber who could be provided rations in kind under (1) 3.6 percent; or ed by striking out ‘‘September 30, 1999’’ and in- (2) the percentage increase determined under the preceding sentence with a commutation serting in lieu thereof ‘‘September 30, 2000’’. subsection (c) of section 1009 of title 37, United when rations in kind are not available.’’. States Code, by which the monthly basic pay of (d) SPECIAL PAY FOR NUCLEAR QUALIFIED OF- Subtitle B—Bonuses and Special and FICERS EXTENDING PERIOD OF ACTIVE SERV- members would be adjusted under subsection (a) Incentive Pays of that section on that date in the absence of ICE.—Section 312(e) of title 37, United States subsection (a) of this section. SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BO- Code, is amended by striking out ‘‘September 30, NUSES AND SPECIAL PAY AUTHORI- 1999’’ and inserting in lieu thereof ‘‘September SEC. 602. BASIC ALLOWANCE FOR HOUSING OUT- TIES FOR RESERVE FORCES. SIDE THE UNITED STATES. 30, 2000’’. (a) PAYMENT OF CERTAIN EXPENSES RELATED (a) SPECIAL PAY FOR HEALTH PROFESSIONALS (e) NUCLEAR CAREER ACCESSION BONUS.—Sec- TO OVERSEAS HOUSING.—Section 403(c) of title IN CRITICALLY SHORT WARTIME SPECIALTIES.— tion 312b(c) of title 37, United States Code, is 37, United States Code, is amended by adding at Section 302g(f) of title 37, United States Code, is amended by striking out ‘‘September 30, 1999’’ the end the following new paragraph: amended by striking out ‘‘September 30, 1999’’ and inserting in lieu thereof ‘‘September 30, ‘‘(3)(A) In the case of a member of the uni- and inserting in lieu thereof ‘‘September 30, 2000’’. formed services authorized to receive an allow- 2000’’. (f) NUCLEAR CAREER ANNUAL INCENTIVE ance under paragraph (1), the Secretary con- (b) SELECTED RESERVE REENLISTMENT BONUS.—Section 312c(d) of title 37, United cerned may make a lump-sum payment to the BONUS.—Section 308b(f) of title 37, United States States Code, is amended by striking out ‘‘Octo- member for required deposits and advance rent, Code, is amended by striking out ‘‘September 30, ber 1, 1999’’ and inserting in lieu thereof ‘‘Octo- and for expenses relating thereto, that are— 1999’’ and inserting in lieu thereof ‘‘September ber 1, 2000’’. ‘‘(i) incurred by the member in occupying pri- 30, 2000’’. SEC. 614. AVIATION CAREER INCENTIVE PAY AND vate housing outside of the United States; and (c) SELECTED RESERVE ENLISTMENT BONUS.— AVIATION OFFICER RETENTION ‘‘(ii) authorized or approved under regula- Section 308c(e) of title 37, United States Code, is BONUS. tions prescribed by the Secretary concerned. amended by striking out ‘‘September 30, 1999’’ (a) DEFINITION OF AVIATION SERVICE.—(1) ‘‘(B) Expenses for which a member may be re- and inserting in lieu thereof ‘‘September 30, Section 301a(a)(6) of title 37, United States Code, imbursed under this paragraph may include 2000’’. is amended— losses relating to housing that are sustained by (d) SPECIAL PAY FOR ENLISTED MEMBERS AS- (A) by redesignating subparagraphs (A), (B), the member as a result of fluctuations in the rel- SIGNED TO CERTAIN HIGH PRIORITY UNITS.—Sec- and (C) as subparagraphs (B), (C), and (D), re- ative value of the currencies of the United tion 308d(c) of title 37, United States Code, is spectively; and States and the foreign country in which the amended by striking out ‘‘September 30, 1999’’ (B) by inserting before subparagraph (B) (as housing is located. and inserting in lieu thereof ‘‘September 30, so redesignated) the following new subpara- ‘‘(C) The Secretary concerned shall recoup the 2000’’. graph: full amount of any deposit or advance rent pay- (e) SELECTED RESERVE AFFILIATION BONUS.— ments made by the Secretary under subpara- ‘‘(A) The term ‘aviation service’ means service Section 308e(e) of title 37, United States Code, is graph (A), including any gain resulting from performed by an officer (except a flight surgeon amended by striking out ‘‘September 30, 1999’’ currency fluctuations between the time of pay- or other medical officer) while holding an aero- and inserting in lieu thereof ‘‘September 30, ment and the time of recoupment.’’. nautical rating or designation or while in train- (b) CONFORMING AMENDMENT.—Section 405 of 2000’’. ing to receive an aeronautical rating or designa- title 37, United States Code, is amended by strik- (f) READY RESERVE ENLISTMENT AND REEN- tion.’’. ing out subsection (c). LISTMENT BONUS.—Section 308h(g) of title 37, (2) Section 301b(j) of such title is amended by (c) RETROACTIVE APPLICATION.—The reim- United States Code, is amended by striking out striking out paragraph (1) and inserting in lieu bursement authority provided by section ‘‘September 30, 1999’’ and inserting in lieu there- thereof the following new paragraph: 403(c)(3)(B) of title 37, United States Code, as of ‘‘September 30, 2000’’. ‘‘(1) The term ‘aviation service’ means service added by subsection (a), applies with respect to (g) PRIOR SERVICE ENLISTMENT BONUS.—Sec- performed by an officer (except a flight surgeon losses relating to housing that are sustained, on tion 308i(f) of title 37, United States Code, is or other medical officer) while holding an aero- or after July 1, 1997, by a member of the uni- amended by striking out ‘‘September 30, 1999’’ nautical rating or designation or while in train- formed services as a result of fluctuations in the and inserting in lieu thereof ‘‘September 30, ing to receive an aeronautical rating or designa- relative value of the currencies of the United 2000’’. tion.’’. States and the foreign country in which the (h) REPAYMENT OF EDUCATION LOANS FOR (b) AMOUNT OF INCENTIVE PAY.—Subsection housing is located. CERTAIN HEALTH PROFESSIONALS WHO SERVE IN (b) of section 301a of such title is amended to SEC. 603. BASIC ALLOWANCE FOR SUBSISTENCE THE SELECTED RESERVE.—Section 16302(d) of read as follows: FOR RESERVES. title 10, United States Code, is amended by strik- ‘‘(b)(1) A member who satisfies the require- (a) IN GENERAL.—Section 402 of title 37, ing out ‘‘October 1, 1999’’ and inserting in lieu ments described in subsection (a) is entitled to United States Code, is amended— thereof ‘‘October 1, 2000’’. monthly incentive pay as follows: H3526 CONGRESSIONAL RECORD — HOUSE May 20, 1998 ‘‘Years of aviation Monthly rate SEC. 619. EQUITABLE TREATMENT OF RESERVES title, such an election is effective on the first service (including ELIGIBLE FOR SPECIAL PAY FOR day of the first month which begins after the flight training) as an DUTY SUBJECT TO HOSTILE FIRE OR date of the court order or filing involved (in the officer: IMMINENT DANGER. same manner as provided under section 2 or less ...... $125 Section 310(b) of title 37, United States Code, 1450(f)(3)(D) of this title)’’. is amended— Over 2 ...... $156 (b) EFFECTIVE DATE.—The amendment made (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and Over 3 ...... $188 by subsection (a) shall apply to elections under (2) by adding at the end the following new Over 4 ...... $206 section 1448(b)(3) of title 10, United States Code, Over 6 ...... $650 paragraph: ‘‘(2) A member of a reserve component who is that are received by the Secretary concerned on Over 14 ...... $840 or after the date of the enactment of this Act. Over 22 ...... $585 eligible for special pay under this section for a Over 23 ...... $495 month shall receive the full amount authorized Subtitle E—Other Matters Over 24 ...... $385 in subsection (a) for that month regardless of SEC. 651. DELETION OF CANAL ZONE FROM DEFI- Over 25 ...... $250 the number of days during that month on which NITION OF UNITED STATES POSSES- the member satisfies the eligibility criteria speci- SIONS FOR PURPOSES OF PAY AND ‘‘(2) An officer in a pay grade above O–6 is en- fied in such subsection.’’. ALLOWANCES. titled, until the officer completes 25 years of Section 101(2) of title 37, United States Code, aviation service, to be paid at the rates set forth Subtitle C—Travel and Transportation is amended by striking ‘‘the Canal Zone,’’. in the table in paragraph (1), except that— Allowances ‘‘(A) an officer in pay grade O–7 may not be SEC. 631. EXCEPTION TO MAXIMUM WEIGHT AL- SEC. 652. ACCOUNTING OF ADVANCE PAYMENTS. paid at a rate greater than $200 a month; and LOWANCE FOR BAGGAGE AND Section 1006(e) of title 37, United States Code, ‘‘(B) an officer in pay grade O–8 or above may HOUSEHOLD EFFECTS. is amended— not be paid at a rate greater than $206 a month. Section 406(b)(1)(D) of title 37, United States (1) by inserting ‘‘(1)’’ after ‘‘(e)’’; and Code, is amended in the second sentence by in- ‘‘(3) For a warrant officer with over 22, 23, 24, (2) by adding at the end the following new serting before the period the following: ‘‘, unless or 25 years of aviation service who is qualified paragraph: under subsection (a), the rate prescribed in the the additional weight allowance in excess of such maximum is intended to permit the ship- ‘‘(2) Obligations and expenditures incurred for table in paragraph (1) for officers with over 14 an advance payment under this section may not years of aviation service shall continue to apply ping of consumables that cannot be reasonably obtained at the new station of the member’’. be included in any determination of amounts to the warrant officer.’’. available for obligation or expenditure except in (c) REFERENCES TO AVIATION SERVICE.—(1) SEC. 632. TRAVEL AND TRANSPORTATION ALLOW- the fiscal year in which the advance payment is Section 301a of such title is further amended— ANCES FOR TRAVEL PERFORMED BY MEMBERS IN CONNECTION WITH ultimately earned and such obligations and ex- (A) in subsection (a)(4)— penditures shall be accounted for only in such (i) by striking out ‘‘22 years of the officer’s REST AND RECUPERATIVE LEAVE FROM OVERSEAS STATIONS. fiscal year.’’. service as an officer’’ and inserting in lieu (a) PROVISION OF TRANSPORTATION.—Section thereof ‘‘22 years of aviation service of the offi- SEC. 653. REIMBURSEMENT OF RENTAL VEHICLE 411c of title 37, United States Code, is amended COSTS WHEN MOTOR VEHICLE cer’’; and by striking out subsection (b) and inserting in TRANSPORTED AT GOVERNMENT EX- (ii) by striking out ‘‘25 years of service as an lieu thereof the following new subsection: PENSE IS LATE. officer (as computed under section 205 of this ‘‘(b) When the transportation authorized by (a) TRANSPORTATION IN CONNECTION WITH title)’’ and inserting in lieu thereof ‘‘25 years of subsection (a) is provided by the Secretary con- CHANGE OF PERMANENT STATION.—Section 2634 aviation service’’; and cerned, the Secretary may use Government or of title 10, United States Code, is amended— (B) in subsection (d), by striking out ‘‘sub- commercial carriers. The Secretary concerned (1) by redesignating subsection (g) as sub- section (b)(1) or (2), as the case may be, for the may limit the amount of payments made to mem- section (h); and performance of that duty by a member of cor- bers under subsection (a).’’. responding years of aviation or officer service, (2) by inserting after subsection (f) the follow- (b) CLERICAL AMENDMENTS.—(1) The heading as appropriate,’’ and inserting in lieu thereof ing new subsection: of such section is amended to read as follows: ‘‘subsection (b) for the performance of that duty ‘‘(g) If a motor vehicle of a member (or a de- by a member with corresponding years of avia- ‘‘§ 411c. Travel and transportation allow- pendent of the member) that is transported at tion service’’. ances: travel performed in connection with the expense of the United States under this sec- (2) Section 301b(b)(5) of such title is amended rest and recuperative leave from certain tion does not arrive at the authorized destina- by striking out ‘‘active duty’’ and inserting in stations in foreign countries’’. tion of the vehicle by the designated delivery lieu thereof ‘‘aviation service’’. date, the Secretary concerned shall reimburse (2) The item relating to such section in the (d) CONFORMING AMENDMENT.—Section 615 of the member for expenses incurred after that date table of sections at the beginning of chapter 7 of the National Defense Authorization Act for Fis- to rent a motor vehicle for the member’s use, or such title is amended to read as follows: cal Year 1998 (Public Law 105–85; 111 Stat. 1787) for the use of the dependent for whom the de- is repealed. ‘‘411c. Travel and transportation allowances: layed vehicle was transported. However, the travel performed in connection amount reimbursed shall not exceed $30 per day, SEC. 615. SPECIAL PAY FOR DIVING DUTY. with rest and recuperative leave and the rental period for which reimbursement Section 304(a) of title 37, United States Code, from certain stations in foreign may be provided shall expire after seven days or is amended— countries.’’. on the date on which the delayed vehicle finally (1) by inserting ‘‘or’’ at the end of paragraph arrives at the authorized destination (whichever (1); SEC. 633. STORAGE OF BAGGAGE OF CERTAIN DE- PENDENTS. occurs first).’’. (2) in paragraph (2), by striking out ‘‘by fre- RANSPORTATION IN CONNECTION WITH quent and regular dives; and’’ and inserting in Section 430(b) of title 37, United States Code, (b) T OTHER MOVES.—Section 406(h) of title 37, lieu thereof a period; and is amended— (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and United States Code, is amended by adding at the (3) by striking out paragraph (3). (2) by adding at the end the following new end the following new paragraph: SEC. 616. SELECTIVE REENLISTMENT BONUS ELI- paragraph: GIBILITY FOR RESERVE MEMBERS ‘‘(3) If a motor vehicle of a member (or a de- PERFORMING ACTIVE GUARD AND ‘‘(2) At the option of the member, in lieu of the pendent of the member) that is transported at RESERVE DUTY. transportation of baggage of a dependent child the expense of the United States under this sub- Section 308(a)(1)(D) of title 37, United States under paragraph (1) from the dependent’s section does not arrive at the authorized des- Code, is amended to read as follows: school in the continental United States, the Sec- tination of the vehicle by the designated deliv- ‘‘(D) reenlists or voluntarily extends the mem- retary concerned may pay or reimburse the ery date, the Secretary concerned shall reim- ber’s enlistment for a period of at least three member for costs incurred to store the baggage burse the member for expenses incurred after years in a regular component, or in a reserve at or in the vicinity of the school during the de- that date to rent a motor vehicle for the depend- component if the member is performing active pendent’s annual trip between the school and ent’s use. However, the amount reimbursed shall Guard and Reserve duty (as defined in section the member’s duty station. The amount of the not exceed $30 per day, and the rental period for 101(d)(6) of title 10), of the service concerned;’’. payment or reimbursement may not exceed the which reimbursement may be provided shall ex- cost that the Government would incur to trans- SEC. 617. REMOVAL OF TEN PERCENT RESTRIC- pire after seven days or on the date on which TION ON SELECTIVE REENLISTMENT port the baggage.’’. the delayed vehicle finally arrives at the au- BONUSES. Subtitle D—Retired Pay, Survivor Benefits, thorized destination (whichever occurs first).’’. Section 308(b) of title 37, United States Code, and Related Matters (c) TRANSPORTATION IN CONNECTION WITH DE- is amended— SEC. 641. EFFECTIVE DATE OF FORMER SPOUSE PARTURE ALLOWANCES FOR DEPENDENTS.—Sec- (1) by striking out ‘‘(1)’’ after ‘‘(b)’’; and SURVIVOR BENEFIT COVERAGE. tion 405a(b) of title 37, United States Code, is (2) by striking out paragraph (2). (a) COORDINATION OF PROVISIONS.—Section amended— SEC. 618. INCREASE IN MAXIMUM AMOUNT OF 1448(b)(3)(C) of title 10, United States Code, is (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and ARMY ENLISTMENT BONUS. amended by inserting after ‘‘the Secretary con- (2) by adding at the end the following new Section 308f(a) of title 37, United States Code, cerned’’ in the second sentence the following: ‘‘, paragraph: is amended by striking out ‘‘$4,000’’ and insert- except that, in the case of an election made by ‘‘(2) If a motor vehicle of a member (or a de- ing in lieu thereof ‘‘$6,000’’. a person described in section 1450(f)(3)(B) of this pendent of the member) that is transported at May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3527 the expense of the United States under para- ‘‘(C) is prevented by a medical or dental con- SEC. 704. TRANSITIONAL AUTHORITY TO PRO- graph (1) does not arrive at the authorized des- dition from being able to obtain benefits under VIDE CONTINUED HEALTH CARE tination of the vehicle by the designated deliv- the plan.’’. COVERAGE FOR CERTAIN PERSONS ery date, the Secretary concerned shall reim- UNAWARE OF LOSS OF CHAMPUS (b) CONFORMING AMENDMENT.—Subsection ELIGIBILITY. burse the member for expenses incurred after (f)(3) of such section is amended by striking out (a) TRANSITIONAL COVERAGE.—The admin- that date to rent a motor vehicle for the depend- ‘‘(b)(4)’’ and inserting in lieu thereof ‘‘(b)(5)’’. istering Secretaries may continue eligibility of a ent’s use. However, the amount reimbursed shall SEC. 702. PLAN FOR PROVISION OF HEALTH CARE person described in subsection (b) for health not exceed $30 per day, and the rental period for FOR MILITARY RETIREES AND THEIR care coverage under the Civilian Health and which reimbursement may be provided shall ex- DEPENDENTS COMPARABLE TO Medical Program of the Uniformed Services pire after seven days or on the date on which HEALTH CARE PROVIDED UNDER based on a determination that such continu- TRICARE PRIME. the delayed vehicle finally arrives at the au- ation is appropriate to assure health care cov- thorized destination (whichever occurs first).’’. (a) REQUIREMENT TO SUBMIT PLAN.—(1) The erage for any such person who may have been (d) TRANSPORTATION IN CONNECTION WITH EF- Secretary of Defense shall submit to Congress— unaware of the loss of eligibility to receive FECTS OF MISSING PERSONS.—Section 554 of title (A) a plan under which the Secretary would health benefits under that program. 37, United States Code, is amended— guarantee access, for covered beneficiaries de- (b) PERSONS ELIGIBLE.—A person shall be eli- (1) by redesignating subsection (i) as sub- scribed in subsection (b), to health care that is gible for transitional health care coverage under section (j); and comparable to the health care provided to cov- subsection (a) if the person— (2) by inserting after subsection (h) the follow- ered beneficiaries under chapter 55 of title 10, (1) is a person described in paragraph (1) of ing new subsection: United States Code, under TRICARE Prime (as subsection (d) of section 1086 of title 10, United ‘‘(i) If a motor vehicle of a member (or a de- defined in subsection (d) of section 1097a of such States Code; pendent of the member) that is transported at title (as added by section 712)); and (2) in the absence of such paragraph, would the expense of the United States under this sec- (B) a legislative proposal and cost estimate for be eligible for health benefits under such sec- tion does not arrive at the authorized destina- implementing the plan. tion; and tion of the vehicle by the designated delivery (2) The plan required under paragraph (1)(A) (3) satisfies the criteria specified in subpara- date, the Secretary concerned shall reimburse shall provide for guaranteed access to such graphs (A) and (B) of paragraph (2) of such the dependent for expenses incurred after that health care for such covered beneficiaries by Oc- subsection. date to rent a motor vehicle for the dependent’s (c) EXTENT OF TRANSITIONAL AUTHORITY.— tober 1, 2001. use. However, the amount reimbursed shall not The authority to continue eligibility under this exceed $30 per day, and the rental period for (b) COVERED BENEFICIARIES.—A covered bene- section shall apply with respect to health care which reimbursement may be provided shall ex- ficiary under this subsection is an individual services provided between October 1, 1998, and pire after seven days or on the date on which who is a covered beneficiary under chapter 55 of July 1, 1999. the delayed vehicle finally arrives at the au- title 10, United States Code, who— (d) DEFINITION.—In this section, the term thorized destination (whichever occurs first).’’. (1) is a member or former member of the Armed ‘‘administering Secretaries’’ has the meaning (e) APPLICATION OF AMENDMENTS.—Reim- Forces entitled to retired pay under such title; given that term in section 1072(3) of title 10, bursement for motor vehicle rental expenses may or United States Code. not be provided under the amendments made by (2) is a dependent (as that term is defined in Subtitle B—TRICARE Program section 1072(2) of such chapter) of such a mem- this section until after the date on which the SEC. 711. PAYMENT OF CLAIMS FOR PROVISION Secretary of Defense submits to Congress a re- ber. OF HEALTH CARE UNDER THE port certifying that the Department of Defense (c) DEADLINE FOR SUBMISSION.—The Secretary TRICARE PROGRAM FOR WHICH A has in place and operational a system to recover shall submit the plan required by subsection (a) THIRD PARTY MAY BE LIABLE. the cost to the Department of providing such re- not later than March 1, 1999. (a) IN GENERAL.—(1) Chapter 55 of title 10, imbursement from commercial carriers that are SEC. 703. PLAN FOR REDESIGN OF MILITARY United States Code, is amended by inserting responsible for the delay in the delivery of the PHARMACY SYSTEM. after section 1095a the following new section: motor vehicles of members of the Armed Forces (a) PLAN REQUIRED.—The Secretary of De- ‘‘§ 1095b. TRICARE program: contractor pay- and their dependents. The amendments shall fense shall submit to Congress a plan that ment of certain claims apply with respect to rental expenses described would provide for a system-wide redesign of the ‘‘(a) PAYMENT OF CLAIMS.—(1) The Secretary in such amendments that are incurred on or military and contractor retail and mail-order after the date of the submission of the report. of Defense may authorize a contractor under pharmacy system of the Department of Defense the TRICARE program to pay a claim described SEC. 654. EDUCATION LOAN REPAYMENT PRO- by incorporating ‘‘best business practices’’ of GRAM FOR CERTAIN HEALTH PRO- in paragraph (2) before seeking to recover from the private sector. The Secretary shall work a third-party payer the costs incurred by the FESSION OFFICERS SERVING IN SE- with contractors of TRICARE retail pharmacy LECTED RESERVE. contractor to provide health care services that and national mail-order pharmacy programs to (a) LOAN REPAYMENT AMOUNTS.—Section are the basis of the claim to a beneficiary under develop a plan for the redesign of the pharmacy 16302(c) of title 10, United States Code, is such program. system that— amended— ‘‘(2) A claim under this paragraph is a claim— (1) in paragraph (2), by striking out ‘‘$3,000’’ (1) may include a plan for an incentive-based ‘‘(A) that is submitted to the contractor by a and inserting in lieu thereof ‘‘$10,000’’; and formulary for military medical treatment facili- provider under the TRICARE program for pay- (2) in paragraph (3), by striking out ‘‘$20,000’’ ties and contractors of TRICARE retail phar- ment for services for health care provided to a and inserting in lieu thereof ‘‘$50,000’’. macies and the national mail-order pharmacy; covered beneficiary; and and (b) EFFECTIVE DATE.—The amendments made ‘‘(B) that is identified by the contractor as a by subsection (a) shall take effect on October 1, (2) shall include a plan for each of the follow- claim for which a third-party payer may be lia- 1998. ing: ble. (A) A uniform formulary for such facilities ‘‘(b) RECOVERY FROM THIRD-PARTY PAYERS.— TITLE VII—HEALTH CARE PROVISIONS and contractors. A contractor for the provision of health care Subtitle A—Health Care Services (B) A centralized database that integrates the services under the TRICARE program that pays SEC. 701. EXPANSION OF DEPENDENT ELIGI- patient databases of pharmacies of military a claim described in subsection (a)(2) shall have BILITY UNDER RETIREE DENTAL medical treatment facilities and contractor retail the right to collect from the third-party payer PROGRAM. and mail-order programs to implement auto- the costs incurred by such contractor on behalf (a) IN GENERAL.—Subsection (b) of section mated prospective drug utilization review sys- of the covered beneficiary. The contractor shall 1076c of title 10, United States Code, is amend- tems. have the same right to collect such costs under ed— this subsection as the right of the United States (C) A system-wide drug benefit for covered (1) by redesignating paragraph (4) as para- to collect costs under section 1095 of this title. beneficiaries under chapter 55 of title 10, United graph (5); and ‘‘(c) DEFINITION OF THIRD-PARTY PAYER.—In States Code, who are entitled to hospital insur- (2) by inserting after paragraph (3) the follow- this section, the term ‘third-party payer’ has the ance benefits under part A of title XVIII of the ing new paragraph: meaning given that term in section 1095(h) of Social Security Act (42 U.S.C. 1395c et seq.). ‘‘(4) Eligible dependents of a member described this title, except that such term excludes pri- in paragraph (1) or (2) who is not enrolled in (b) SUBMISSION OF PLAN.—The Secretary shall mary medical insurers.’’. the plan and who— submit the plan required under subsection (a) (b) CLERICAL AMENDMENT.—The table of sec- ‘‘(A) is enrolled under section 1705 of title 38 not later than March 1, 1999. tions at the beginning of such chapter is amend- to receive dental care from the Secretary of Vet- (c) SUSPENSION OF IMPLEMENTATION OF PRO- ed by inserting after the item relating to section erans Affairs; GRAM.—The Secretary shall suspend any plan to 1095a the following new item: ‘‘(B) is enrolled in a dental plan that— establish a national retail pharmacy program ‘‘1095b. TRICARE program: contractor payment ‘‘(i) is available to the member as a result of for the Department of Defense until— of certain claims.’’. employment by the member that is separate from (1) the plan required under subsection (a) is SEC. 712. PROCEDURES REGARDING ENROLL- the military service of the member; and submitted; and MENT IN TRICARE PRIME. ‘‘(ii) is not available to dependents of the (2) the Secretary implements cost-saving re- (a) IN GENERAL.—(1) Chapter 55 of title 10, member as a result of such separate employment forms with respect to the military and contrac- United States Code, is amended by inserting by the member; or tor retail and mail order pharmacy system. after section 1097 the following new section: H3528 CONGRESSIONAL RECORD — HOUSE May 20, 1998

‘‘§ 1097a. Enrollment in TRICARE Prime: pro- hazards, including more accurate risk assess- (b) DEADLINE FOR SUBMISSION.—The Secretary cedures ment tools to support the Air Force Enhanced shall submit the report required by subsection Site Specific Risk Assessment; and (a) not later than March 1, 1999. ‘‘(a) AUTOMATIC ENROLLMENT OF CERTAIN DE- (3) educate and train researchers with respect TITLE VIII—ACQUISITION POLICY, ACQUISITION PENDENTS.—The Secretary of Defense shall es- to exposure to such hazards. MANAGEMENT, AND RELATED MAT- tablish procedures under which dependents of TERS members of the armed forces on active duty who (b) ACTIVITIES TO BE CONDUCTED.—Research and development conducted under subsection SEC. 801. LIMITATION ON PROCUREMENT OF AM- reside in the catchment area of a military medi- MUNITION AND COMPONENTS. cal treatment facility shall be automatically en- (a) includes— (1) development of equipment to monitor soil (a) LIMITATION.—Section 2534(a) of title 10, rolled in TRICARE Prime at the military medi- United States Code, is amended by adding at the cal treatment facility. The Secretary shall pro- and ground water contamination and the im- pact of such contamination on the biosystem end the following new paragraph: vide notice in writing to the member regarding ‘‘(6) AMMUNITION.—Ammunition or ammuni- chain; such enrollment. tion components.’’. (2) implementation of a cross-sectional epide- ‘‘(b) AUTOMATIC CONTINUATION OF ENROLL- (b) EFFECTIVE DATE.—Paragraph (6) of sec- MENT.—The Secretary of Defense shall establish miological study of exposure to jet fuel; and tion 2534(a) of title 10, United States Code, as procedures under which enrollment of covered (3) implementation of a health-risk assessment added by subsection (a), shall apply with re- beneficiaries in TRICARE Prime shall automati- regarding exposure to jet fuel. spect to contracts entered into after September cally continue until such time as the covered SEC. 724. AUTHORIZATION TO ESTABLISH A 30, 1998. LEVEL 1 TRAUMA TRAINING CENTER. beneficiary elects to disenroll or is no longer eli- SEC. 802. ACQUISITION CORPS ELIGIBILITY. gible for enrollment. The Secretary of the Army is hereby author- Section 1732(c) of title 10, United States Code, ‘‘(c) OPTION FOR RETIREES TO DEDUCT FEE ized to establish a Level 1 Trauma Training is amended by adding at the end the following FROM PAY.—The Secretary of Defense shall es- Center (as designated by the American College new paragraph: tablish procedures under which a retired mem- of Surgeons) in order to provide the Army with ‘‘(3) The requirement of subsection (b)(1)(A) ber of the armed forces may elect to have any a trauma center capable of training forward shall not apply to an employee who served in an fees payable by the member for enrollment in surgical teams. Acquisition Corps in a position within grade TRICARE Prime withheld from the retired pay SEC. 725. REPORT ON IMPLEMENTATION OF EN- GS–13 or above of the General Schedule and of the member (if pay is available to the mem- ROLLMENT-BASED CAPITATION FOR who is placed in another position which is in a ber). FUNDING FOR MILITARY MEDICAL grade lower than GS–13 of the General Sched- ‘‘(d) DEFINITION OF TRICARE PRIME.—In this TREATMENT FACILITIES. ule, or whose position is reduced in grade to a section, the term ‘TRICARE Prime’ means the (a) REPORT REQUIRED.—The Secretary of De- grade lower than GS–13 of the General Sched- managed care option of the TRICARE program fense shall submit to Congress a report on the ule, as a result of reduction-in-force procedures, known as TRICARE Prime.’’. potential impact of using an enrollment-based the realignment or closure of a military installa- (2) The table of sections at the beginning of capitation methodology to allocate funds for tion, or another reason other than for cause.’’. such chapter is amended by inserting after the military medical treatment facilities. The report SEC. 803. AMENDMENTS RELATING TO PROCURE- item relating to section 1097 the following new shall address the following: MENT FROM FIRMS IN INDUSTRIAL item: (1) A description of the plans of the Secretary BASE FOR PRODUCTION OF SMALL ‘‘1097a. Enrollment in TRICARE Prime: proce- to implement an enrollment-based capitation ARMS. dures.’’. methodology for military medical treatment fa- (a) REQUIREMENT TO LIMIT PROCUREMENTS TO cilities and with respect to contracts for the de- CERTAIN SOURCES.—Subsection (a) of section (b) DEADLINE FOR IMPLEMENTATION.—The livery of health care under the TRICARE pro- 2473 of title 10, United States Code, is amend- Secretary of Defense shall establish the proce- gram. ed— dures required under section 1097a of title 10, (2) The justifications for implementing an en- (1) in the heading, by striking out the first United States Code, as added by subsection (a), rollment-based capitation methodology without word and inserting in lieu thereof ‘‘REQUIRE- not later than April 1, 1999. first conducting a demonstration project for im- MENT’’; and Subtitle C—Other Matters plementation of such methodology. (2) by striking out ‘‘To the extent that the SEC. 721. INFLATION ADJUSTMENT OF PREMIUM (3) The impact that implementation of an en- Secretary of Defense determines necessary to AMOUNTS FOR DEPENDENTS DEN- rollment based capitation methodology would preserve the small arms production industrial TAL PROGRAM. have on the provision of space-available care at base, the Secretary may’’ and inserting in lieu Section 1076a(b)(2) of title 10, United States military medical treatment facilities, particu- thereof ‘‘In order to preserve the small arms pro- Code, is amended by inserting after ‘‘$20 per larly in the case of care for— duction industrial base, the Secretary of De- month’’ the following: ‘‘(in 1993 dollars, as ad- (A) military retirees entitled who are entitled fense shall’’. justed for inflation in each year thereafter)’’. to hospital insurance benefits under part A of (b) ADDITIONAL COVERED PROPERTY AND SEC. 722. SYSTEM FOR TRACKING DATA AND title XVIII of the Social Security Act (42 U.S.C. SERVICES.—Subsection (b) of such section is MEASURING PERFORMANCE IN 1395c et seq.); and amended— (1) by redesignating paragraphs (1) and (2) as MEETING TRICARE ACCESS STAND- (B) covered beneficiaries under chapter 55 of ARDS. paragraphs (2) and (3), respectively; title 10, United States Code, who reside outside (a) REQUIREMENT TO ESTABLISH SYSTEM.—(1) (2) by inserting before paragraph (2), as so re- the catchment area of a military medical treat- The Secretary of Defense shall establish a sys- designated, the following new paragraph: ment facility. tem— ‘‘(1) Small arms end items.’’; (A) to track data regarding access of covered (4) The impact that implementation of an en- (3) in paragraph (2), as so redesignated, by in- beneficiaries under chapter 55 of title 10, United rollment-based capitation methodology would serting before the period the following: ‘‘, if States Code, to primary health care under the have with respect to the pharmacy benefits pro- those parts are manufactured under a contract TRICARE program; and vided at military medical treatment facilities, with the Department of Defense to produce the (B) to measure performance in increasing such given that the enrollment-based capitation end item’’; and access against the primary care access stand- methodology would fund military medical treat- (4) by adding after paragraph (3) the follow- ards established by the Secretary under the ment facilities based on the number of members ing new paragraph: TRICARE program. at such facilities enrolled in TRICARE Prime, ‘‘(4) Repair parts consisting of barrels, receiv- (2) In implementing the system described in but all covered beneficiaries may fill prescrip- ers, and bolts for small arms, whether or not the paragraph (1), the Secretary shall collect data tions at military medical treatment facility small arms are in production under a contract on the timeliness of appointments and precise pharmacies. with the Department of Defense at the time of waiting times for appointments in order to meas- (5) An explanation of how additional funding production of such repair parts.’’. ure performance in meeting the primary care ac- will be provided for a military medical treatment (c) RELATIONSHIP TO OTHER PROVISIONS OF cess standards established under the TRICARE facility if an enrollment-based capitation meth- LAW.—Such section is further amended by add- program. odology is implemented to ensure that space- ing at the end the following new subsection: ‘‘(d) RELATIONSHIP TO OTHER PROVISIONS.— (b) DEADLINE FOR ESTABLISHMENT.—The Sec- available care and pharmacy coverage can be retary shall establish the system described in provided to covered beneficiaries who are not (1) If a procurement under subsection (a) is a subsection (a) not later than April 1, 1999. enrolled at the military medical treatment facil- procurement of a commercial item, the Secretary ity, and the amount of funding that will be may, notwithstanding section 2306(b)(1)(B) of SEC. 723. AIR FORCE RESEARCH, DEVELOPMENT, this title, require the submission of certified cost TRAINING, AND EDUCATION ON EX- available. POSURE TO CHEMICAL, BIOLOGICAL, (6) An explanation of how implementation of or pricing data under section 2306(a) of this AND RADIOLOGICAL HAZARDS. an enrollment-based capitation methodology title. (a) IN GENERAL.—The Secretary of the Air would impact the provision of uniform benefits ‘‘(2) Subsection (a) is a requirement for pur- Force is hereby authorized to— under TRICARE Prime, and how the Secretary poses of section 2304(c)(5) of this title.’’. (1) conduct research on the health-related, en- would ensure, if such methodology were imple- TITLE IX—DEPARTMENT OF DEFENSE vironmental, and ecological effects of exposure mented, that the provision of health care under ORGANIZATION AND MANAGEMENT to chemical, biological, and radiological haz- TRICARE Prime would not be bifurcated be- SEC. 901. FURTHER REDUCTIONS IN DEFENSE AC- ards; tween the provision of such care at military QUISITION WORKFORCE. (2) develop new risk-assessment methods and medical treatment facilities and the provision of (a) REDUCTION IN DEFENSE ACQUISITION instruments with respect to exposure to such such care from civilian providers. WORKFORCE.—Chapter 87 of title 10, United May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3529 States Code, is amended by adding at the end Act, the Secretary of Defense shall submit to the (3) The process and organizations responsible the following new section: Committee on Armed Services of the Senate and for doctrinal development, including the appro- ‘‘§ 1765. Limitation on number of personnel the Committee on National Security of the priate relationship between joint force and serv- ‘‘(a) LIMITATION.—Effective October 1, 2001, House of Representatives a report on the plans ice doctrine and doctrinal development organi- the number of defense acquisition personnel of the Secretary for the implementation of the zations. (4) The current programs and organizations may not exceed the baseline number reduced by amendment made by subsection (a). The report under the Office of the Secretary of Defense, the 70,000. shall include— (1) a description of any organizational Joint Chiefs of Staff and the Armed Forces de- ‘‘(b) PHASED REDUCTION.—The number of de- fense acquisition personnel— changes within the Department of Defense to be voted to innovation and experimentation related ‘‘(1) as of October 1, 1999, may not exceed the made in order to implement that amendment; to a transformation in the conduct of war, in- baseline number reduced by 25,000; and and cluding the appropriateness of— ‘‘(2) as of October 1, 2000, may not exceed the (2) a description of the role of the Chairman (A) conducting joint field tests; baseline number reduced by 50,000. of the Joint Chiefs of Staff with respect to ex- (B) establishing a separate unified command ‘‘(c) BASELINE NUMBER.—For purposes of this port control activities of the Department follow- as a joint forces command to serve, as its sole section, the baseline number is the total number ing the implementation of the amendment made function, as the trainer, provider, and developer of defense acquisition personnel as of October 1, by subsection (a) and how that role compares to of forces for joint operations; (C) establishing a Joint Concept Development 1998. the practice in effect before such implementa- Center to monitor exercises and develop meas- ‘‘(d) DEFENSE ACQUISITION PERSONNEL DE- tion. ures of effectiveness, analytical concepts, mod- FINED.—In this section, the term ‘defense acqui- (c) EFFECTIVE DATE.—The amendment made sition personnel’ means military and civilian by subsection (a) shall be implemented not later els, and simulations appropriate for understand- ing the transformation in the conduct of war; personnel (other than civilian personnel who than 45 days after the date of the enactment of (D) establishing a Joint Battle Laboratory are employed at a maintenance depot) who are this Act. SEC. 905. INDEPENDENT TASK FORCE ON TRANS- headquarters to conduct joint experimentation assigned to, or employed in, acquisition organi- and to integrate the similar efforts of the Armed zations of the Department of Defense (as speci- FORMATION AND DEPARTMENT OF DEFENSE ORGANIZATION. Forces; and fied in Department of Defense Instruction num- (a) FINDINGS.—Congress finds the following: (E) establishing an Assistant Secretary of De- bered 5000.58 dated January 14, 1992).’’. (1) The post-Cold War era is marked by geo- fense for transformation in the conduct of war. (b) CLERICAL AMENDMENT.—The table of sec- political uncertainty and by accelerating tech- (5) Joint training establishments and training tions at the beginning of subchapter V of such nological change, particularly with regard to in- establishments of the Armed Forces, including chapter is amended by adding at the end the formation technologies. those devoted to professional military education, following new item: (2) The combination of that geopolitical un- and the appropriateness of establishing national ‘‘1765. Limitation on number of personnel.’’. certainty and accelerating technological change training centers. SEC. 902. LIMITATION ON OPERATION AND SUP- portends a transformation in the conduct of (6) Other issues relating to a transformation PORT FUNDS FOR THE OFFICE OF war, particularly in ways that are likely to in- in the conduct of war that the Secretary consid- THE SECRETARY OF DEFENSE. crease the effectiveness of joint force operations. ers appropriate. Of the amount available for fiscal year 1999 (3) The Department of Defense must be orga- (d) REPORT.—The task force shall submit to for operation and support activities of the Office nized appropriately in order to fully exploit the the Secretary of Defense a report containing its of the Secretary of Defense, not more than 90 opportunities offered by, and to meet the chal- assessments and recommendations not later percent may be obligated until each of the fol- lenges posed by, this anticipated transformation than February 1, 1999. The Secretary shall sub- lowing reports has been submitted: in the conduct of war. mit the report to the Committee on National Se- (1) The report required to be submitted to the (4) The basic organization of the Department curity of the House of Representatives and the congressional defense committees by section of Defense was established by the National Se- Committee on Armed Services of the Senate not 904(b) of the National Defense Authorization curity Act of 1947 and the 1949 amendments to later than March 1, 1999, together with the rec- Act for Fiscal Year 1997 (Public Law 104–201; that Act. ommendations and comments of the Secretary of 110 Stat. 2619). (5) The Goldwater-Nichols Department of De- Defense. (2) The reports required to be submitted to fense Reorganization Act of 1986 (Public Law SEC. 906. IMPROVED ACCOUNTING FOR DEFENSE Congress by sections 911(b) and 911(c) of the Na- 99–433) dramatically improved the capability of CONTRACT SERVICES. tional Defense Authorization Act for Fiscal the Department of Defense to carry out oper- (a) IN GENERAL.—(1) Chapter 131 of title 10, Year 1998 (Public Law 105–85; 111 Stat. 1858, ations involving joint forces, but did not address United States Code, is amended by inserting 1859). adequately issues pertaining to the development after section 2211 the following new section: SEC. 903. REVISION TO DEFENSE DIRECTIVE RE- of joint forces. ‘‘§ 2212. Obligations for contract services: re- LATING TO MANAGEMENT HEAD- (6) In the future, the ability to achieve im- porting in budget object classes QUARTERS AND HEADQUARTERS proved operations of joint forces, particularly ‘‘(a) LIMITATION ON REPORTING IN MIS- SUPPORT ACTIVITIES. under rapidly changing technological condi- CELLANEOUS SERVICES OBJECT CLASS.—The Sec- Not later than October 1, 1999, the Secretary tions, will depend on improved force develop- retary of Defense shall ensure that, in reporting of Defense shall issue a revision to Department ment for joint forces. to the Office of Management and Budget (pur- of Defense Directive 5100.73, entitled ‘‘Depart- (b) INDEPENDENT TASK FORCE ON TRANS- suant to OMB Circular A–11 (relating to prepa- ment of Defense Management Headquarters and FORMATION AND DEPARTMENT OF DEFENSE OR- ration and submission of budget estimates)) obli- Headquarters Support Activities’’, so as to in- GANIZATION.—The Secretary of Defense shall es- gations of the Department of Defense for any corporate in that directive the following: tablish a task force of the Defense Science period of time for contract services, no more (1) A threshold specified by command (or Board to examine the current organization of than 15 percent of the total amount of obliga- other organizational element) such that any the Department of Defense with regard to the tions so reported is reported in the miscellaneous headquarters activity below the threshold is not appropriateness of that organization for prepar- services object class. considered for the purpose of the directive to be ing for a transformation in the conduct of war. ‘‘(b) DEFINITION OF REPORTING CATEGORIES a management headquarters or headquarters The task force shall be established not later FOR ADVISORY AND ASSISTANCE SERVICES.—In support activity. than November 1, 1998. carrying out section 1105(g) of title 31 for the (2) A definition of the term ‘‘management (c) DUTIES OF THE TASK FORCE.—The task Department of Defense (and in determining headquarters and headquarters support activi- force shall assess, and shall make recommenda- what services are to be reported to the Office of ties’’ that (A) is based upon function (rather tions for the appropriate organization of, the Management and Budget in the advisory and than organization), and (B) includes any activ- Office of the Secretary of Defense, the Joint assistance services object class), the Secretary of ity (other than an operational activity) that re- Chiefs of Staff, the individual Armed Forces, Defense shall apply to the terms used for the ports directly to such an activity. and the executive parts of the military depart- definition of ‘advisory and assistance services’ (3) Uniform application of those definitions ments for the purpose of preparing the Depart- in paragraph (2)(A) of that section the following throughout the Department of Defense. ment of Defense for a transformation in the con- meanings: SEC. 904. UNDER SECRETARY OF DEFENSE duct of war. In making those assessments and ‘‘(1) MANAGEMENT AND PROFESSIONAL SUPPORT FOR POLICY developing those recommendations, the task SERVICES.—The term ‘management and profes- TO HAVE RESPONSIBILITY WITH force shall review the following: sional support services’ (used in clause (i) of RESPECT TO EXPORT CONTROL ACTIVI- (1) The general organization of the Depart- section 1105(g)(2)(A) of title 31) means services TIES OF THE DEPARTMENT OF DE- ment of Defense, including whether responsibil- that provide engineering or technical support, FENSE. ity and authority for issues relating to a trans- assistance, advice, or training for the efficient (a) FUNCTIONS OF THE UNDER SECRETARY.— formation in the conduct of war are appro- and effective management and operation of or- Section 134(b)(1) of title 10, United States Code, priately allocated, especially among the Office ganizations, activities, or systems. Those serv- is amended by adding at the end the following of the Secretary of Defense, the Joint Chiefs of ices— new sentence: ‘‘The Under Secretary shall have Staff, and the individual Armed Forces. ‘‘(A) are closely related to the basic respon- responsibility for overall supervision of activities (2) The joint requirements process and the re- sibilities and mission of the using organization; of the Department of Defense relating to export quirements processes for each of the Armed and controls.’’. Forces, including the establishment of measures ‘‘(B) include efforts that support or contribute (b) IMPLEMENTATION REPORT.—Not later than of effectiveness and methods for resource alloca- to improved organization or program manage- 30 days after the date of the enactment of this tion. ment, logistics management, project monitoring H3530 CONGRESSIONAL RECORD — HOUSE May 20, 1998 and reporting, data collection, budgeting, ac- Defense under subsection (e) each year and cal year 1999 is the amount programmed for counting, auditing, and administrative or tech- shall— those services resulting from the review referred nical support for conferences and training pro- ‘‘(A) assess the methodology used by the Sec- to in subsection (c) reduced by $500,000,000. grams. retary in obtaining the information submitted to SEC. 907. REPEAL OF REQUIREMENT RELATING ‘‘(2) STUDIES, ANALYSES, AND EVALUATIONS.— Congress in that report; and TO ASSIGNMENT OF TACTICAL AIR- The term ‘studies, analyses, and evaluations’ ‘‘(B) assess the information submitted to Con- LIFT MISSION TO RESERVE COMPO- (used in clause (ii) of section 1105(g)(2)(A) of gress in that report. NENTS. title 31) means services that provide organized, ‘‘(2) Not later than 120 days after the date on Section 1438 of the National Defense Author- analytic assessments to understand or evaluate which the Secretary submits to Congress the re- ization Act for Fiscal Year 1991 (Public Law complex issues to improve policy development, port required under subsection (e) for any year, 101–510; 104 Stat. 1689), as amended by section decisionmaking, management, or administration the Comptroller General shall submit to Con- 1023 of the National Defense Authorization Act and that result in documents containing data or gress the Comptroller General’s report contain- for Fiscal Years 1992 and 1993 (Public Law 102– leading to conclusions or recommendations. ing the results of the review for that year under 190; 105 Stat. 1460), is repealed. Those services may include databases, models, paragraph (1). SEC. 908. REPEAL OF CERTAIN REQUIREMENTS methodologies, and related software created in ‘‘(g) DEFINITIONS.—In this section: RELATING TO INSPECTOR GENERAL support of a study, analysis, or evaluation. ‘‘(1) The term ‘contract services’ means all INVESTIGATIONS OF REPRISAL COM- PLAINTS. ‘‘(3) ENGINEERING AND TECHNICAL SERVICES.— services that are reported to the Office of Man- (a) REPEAL OF REQUIREMENT OF NOTICE THAT The term ‘engineering and technical services’ agement and Budget pursuant to OMB Circular INVESTIGATION WILL TAKE MORE THAN 90 (used in clause (iii) of section 1105(g)(2)(A) of A–11 (relating to preparation and submission of DAYS.—Subsection (e) of section 1034 of title 10, title 31) means services that take the form of ad- budget estimates) in budget object classes that United States Code, is amended— vice, assistance, training, or hands-on training are designated in the Object Class 25 series. (1) by striking out paragraph (3); necessary to maintain and operate fielded weap- ‘‘(2) The term ‘advisory and assistance serv- (2) by redesignating paragraph (4) as para- on systems, equipment, and components (includ- ices object class’ means those contract services graph (3). ing software when applicable) at design or re- constituting the budget object class that is de- (b) REPEAL OF REQUIREMENT FOR POST-DIS- quired levels of effectiveness. nominated ‘Advisory and Assistance Service and POSITION INTERVIEW WITH COMPLAINANT.—Such ‘‘(c) PROPER CLASSIFICATION OF ADVISORY designated (as the date of the enactment of this section is further amended by striking out sub- AND ASSISTANCE SERVICES.—Before the submis- section) as Object Class 25.1 (or any similar ob- section (h). sion to the Office of Management and Budget of ject class established after the date of the enact- SEC. 909. CONSULTATION WITH COMMANDANT OF the proposed Department of Defense budget for ment of this section for the reporting of obliga- THE MARINE CORPS REGARDING MA- inclusion in the President’s budget for a fiscal tions for advisory and assistance contract serv- RINE CORPS AVIATION. year pursuant to section 1105 of title 31, the Sec- ices). (a) IN GENERAL.—Chapter 503 of title 10, retary of Defense, acting through the Under ‘‘(3) The term ‘miscellaneous services object United States Code, is amended by adding at the Secretary of Defense (Comptroller), shall review class’ means those contract services constituting end the following new section: all Department of Defense services expected to the budget object class that is denominated ‘‘§ 5026. Consultation with Commandant of the be performed as contract services during the fis- ‘Other Services (services not otherwise specified Marine Corps regarding Marine Corps avia- cal year for which that budget is to be submitted in the 25 series)’ and designated (as the date of tion in order to ensure that those services that are the enactment of this section) as Object Class ‘‘The Secretary of the Navy shall require that advisory and assistance services (as defined in 25.2 (or any similar object class established after the views of the Commandant of the Marine accordance with subsection (b)) are in fact prop- the date of the enactment of this section for the Corps be obtained before a milestone decision or erly classified, in accordance with that sub- reporting of obligations for miscellaneous or un- other major decision is made by an element of section, in the advisory and assistance services specified contract services). the Department of the Navy outside the Marine object class. ‘‘(4) The term ‘DOD organization’ means— Corps in a procurement matter, a research, de- ‘‘(d) INFORMATION ON SERVICE CONTRACTS.— ‘‘(A) the Office of the Secretary of Defense; velopment, test, and evaluation matter, or a In carrying out the annual review under sub- ‘‘(B) each military department; depot-level maintenance matter that concerns section (c) of Department of Defense services ex- ‘‘(C) the Joint Chiefs of Staff and the unified Marine Corps aviation.’’. pected to be performed as contract services dur- and specified commands; (b) CLERICAL AMENDMENT.—The table of sec- ing the next fiscal year, the Secretary (acting ‘‘(D) each Defense Agency; and tions at the beginning of such chapter is amend- through the Under Secretary (Comptroller)) ‘‘(E) each Department of Defense Field Activ- ed by adding at the end the following new item: shall conduct an assessment of the total non- ity. ‘‘5026. Consultation with Commandant of the Federal effort that resulted from the perform- ‘‘(5) The term ‘private sector workyear’ means Marine Corps regarding Marine ance of all contracts for such services during the an amount of labor equivalent to the total num- Corps aviation.’’. preceding fiscal year and the total non-Federal ber of hours of labor that an individual em- effort that resulted, or that is expected to result, ployed on a full-time equivalent basis by the TITLE X—GENERAL PROVISIONS from the performance of all contracts for such Federal Government performs in a given year.’’. Subtitle A—Financial Matters services during the current fiscal year and the (2) The table of sections at the beginning of SEC. 1001. TRANSFER AUTHORITY. next fiscal year. The assessment shall include such chapter is amended by inserting after the (a) AUTHORITY TO TRANSFER AUTHORIZA- determination of the following for each such item relating to section 2211 the following new TIONS.—(1) Upon determination by the Secretary year: item: of Defense that such action is necessary in the ‘‘(1) The amount expended or expected to be ‘‘2212. Obligations for contract services: report- national interest, the Secretary may transfer expended for non-Federal contract services, ing in budget object classes.’’. amounts of authorizations made available to the shown for the Department of Defense as a whole Department of Defense in this division for fiscal (b) TRANSITION.—For the budget for fiscal and displayed by contract services object class year 1999 between any such authorizations for year 2000, and the reporting of information to for each DOD organization. that fiscal year (or any subdivisions thereof). the Office of Management and Budget in con- ‘‘(2) The amount expended or expected to be Amounts of authorizations so transferred shall nection with the preparation of that budget, expended for contract services competed under be merged with and be available for the same section 2212 of title 10, United States Code, as OMB Circular A–76 or a similar process, shown purposes as the authorization to which trans- added by subsection (a), shall be applied by sub- for the Department of Defense as a whole and ferred. displayed by contract services object class for stituting ‘‘30 percent’’ in subsection (a) for ‘‘15 (2) The total amount of authorizations that each DOD organization. percent’’. the Secretary of Defense may transfer under the ‘‘(3) The number of private sector workyears (c) INITIAL CLASSIFICATION OF ADVISORY AND authority of this section may not exceed performed or expected to be performed in con- ASSISTANCE SERVICES.—Not later than February $2,000,000,000. nection with the performance of non-Federal 1, 1999, the Secretary of Defense, acting through (b) LIMITATIONS.—The authority provided by contract services, shown for the Department of the Under Secretary of Defense (Comptroller), this section to transfer authorizations— Defense as a whole and displayed by contract shall review all Department of Defense services (1) may only be used to provide authority for services object class for each DOD organization. performed or expected to be performed as con- items that have a higher priority than the items ‘‘(4) Any other information that the Secretary tract services during fiscal year 1999 in order to from which authority is transferred; and (acting through the Under Secretary) determines ensure that those services that are advisory and (2) may not be used to provide authority for to be relevant and of value. assistance services (as defined in accordance an item that has been denied authorization by ‘‘(e) REPORT TO CONGRESS.—The Secretary with subsection (b) of section 2212 of title 10, Congress. shall submit to Congress each year, not later United States Code, as added by subsection (a)) (c) EFFECT ON AUTHORIZATION AMOUNTS.—A than 30 days after the date on which the budget are in fact properly classified, in accordance transfer made from one account to another for the next fiscal year is submitted pursuant to with that subsection, in the advisory and assist- under the authority of this section shall be section 1105 of title 31, a report containing the ance services object class (as defined in sub- deemed to increase the amount authorized for information derived from the assessment under section (g)(2) of that section). the account to which the amount is transferred subsection (d). (d) FISCAL YEAR 1999 REDUCTION.—The total by an amount equal to the amount transferred. ‘‘(f) ASSESSMENT BY COMPTROLLER GEN- amount that may be obligated by the Secretary (d) NOTICE TO CONGRESS.—The Secretary shall ERAL.—(1) The Comptroller General shall con- of Defense for contracted advisory and assist- promptly notify Congress of each transfer made duct a review of the report of the Secretary of ance services from amounts appropriated for fis- under subsection (a). May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3531 SEC. 1002. INCORPORATION OF CLASSIFIED two obsolete tugboats authorized to be trans- of Defense makes the following findings with re- ANNEX. ferred by the Secretary under that section. spect to that contract: (a) STATUS OF CLASSIFIED ANNEX.—The Clas- SEC. 1015. LONG-TERM CHARTER CONTRACTS ‘‘(1) The need for the vessels or services to be sified Annex prepared by the Committee on Na- FOR ACQUISITION OF AUXILIARY provided under the contract is expected to re- tional Security of the House of Representatives VESSELS FOR THE DEPARTMENT OF main substantially unchanged during the con- to accompany H.R. 3616 of the One Hundred DEFENSE. templated contract or option period. Fifth Congress and transmitted to the President (a) PROGRAM AUTHORIZATION.—Chapter 631 of ‘‘(2) There is a reasonable expectation that is hereby incorporated into this Act. title 10, United States Code, is amended by add- throughout the contemplated contract or option (b) CONSTRUCTION WITH OTHER PROVISIONS OF ing at the end the following new section: period the Secretary of the Navy (or, if the con- ACT.—The amounts specified in the Classified ‘‘§ 7233. Auxiliary vessels: authority for long- tract is for services to be provided to, and fund- Annex are not in addition to amounts author- term charter contracts ed by, another military department, the Sec- ized to be appropriated by other provisions of ‘‘(a) AUTHORIZED CONTRACTS.—After Septem- retary of that military department) will request this Act. ber 30, 1998, the Secretary of the Navy, subject funding for the contract at the level required to (c) LIMITATION ON USE OF FUNDS.—Funds ap- to subsection (b), may enter into a contract for avoid contract cancellation. propriated pursuant to an authorization con- the long-term lease or charter of a newly built ‘‘(3) The use of such contract or the exercise tained in this Act that are made available for a surface vessel, under which the contractor of such option is in the interest of the national program, project, or activity referred to in the agrees to provide a crew for the vessel for the defense. Classified Annex may only be expended for such term of the long-term lease or charter, for any of ‘‘(j) SOURCE OF FUNDS FOR TERMINATION LI- program, project, or activity in accordance with the following: ABILITY.—If a contract entered into under this such terms, conditions, limitations, restrictions, ‘‘(1) The combat logistics force of the Navy. section is terminated, the costs of such termi- and requirements as are set out for that pro- ‘‘(2) The strategic sealift program of the Navy. nation may be paid from— gram, project, or activity in the Classified ‘‘(3) Other auxiliary support vessels for the ‘‘(1) amounts originally made available for Annex. Department of Defense. performance of the contract; (d) DISTRIBUTION OF CLASSIFIED ANNEX.—The ‘‘(b) CONTRACTS REQUIRED TO BE AUTHOR- ‘‘(2) amounts currently available for operation President shall provide for appropriate distribu- IZED BY LAW.—A contract may be entered into and maintenance of the type of vessels or serv- tion of the Classified Annex, or of appropriate under this section with respect to specific vessels ices concerned and not otherwise obligated; or portions of the annex, within the executive only if the Secretary is specifically authorized ‘‘(3) funds appropriated for those costs.’’. branch of the Government. by law to enter into such a contract with respect (b) CLERICAL AMENDMENT.—The table of sec- SEC. 1003. OUTLAY LIMITATIONS. to those vessels. tions at the beginning of such chapter is amend- (a) DEPARTMENT OF DEFENSE.—The Secretary ‘‘(c) FUNDS FOR CONTRACT PAYMENTS.—The ed by adding at the end the following new item: of Defense shall ensure that outlays of the De- Secretary may make payments for contracts en- ‘‘7233. Auxiliary vessels: authority for long-term partment of Defense during fiscal year 1999 from tered into under this section using funds avail- charter contracts.’’. amounts appropriated or otherwise available to able for obligation during the fiscal year for the Department of Defense for military func- Subtitle C—Matters Relating to Counter Drug which the payments are required to be made. Activities tions of the Department of Defense (including Any such contract shall provide that the United military construction and military family hous- States will not be required to make a payment SEC. 1021. DEPARTMENT OF DEFENSE SUPPORT FOR COUNTER-DRUG ACTIVITIES. ing) do not exceed $252,650,000,000. under the contract (other than a termination (a) CONTINUATION OF AUTHORITY.—Subsection (b) DEPARTMENT OF ENERGY.—The Secretary payment, if required) before October 1, 2000. (a) of section 1004 of the National Defense Au- of Energy shall ensure that outlays of the De- ‘‘(d) TERM OF CONTRACT.—In this section, the thorization Act for Fiscal Year 1991 (Public Law partment of Energy during fiscal year 1999 from term ‘long-term lease or charter’ means a lease, 101–510; 10 U.S.C. 374 note) is amended by strik- amounts appropriated or otherwise made avail- charter, service contract, or conditional sale ing out ‘‘through 1999’’ and inserting in lieu able to the Department of Energy for national agreement with respect to a vessel the term of thereof ‘‘through 2000’’. security programs of that Department do not ex- which (including any option period) is for a pe- (b) TYPES OF SUPPORT.—Subsection (b)(4) of ceed $11,772,000,000. riod of 20 years or more. such section is amended by inserting before the Subtitle B—Naval Vessels and Shipyards ‘‘(e) OPTION TO BUY.—A contract entered into period at the end the following: ‘‘conducted by under the authority of this section may contain SEC. 1011. REVISION TO REQUIREMENT FOR CON- the Department of Defense or a Federal, State, options for the United States to purchase one or TINUED LISTING OF TWO IOWA- or local law enforcement agency, or a foreign CLASS BATTLESHIPS ON THE NAVAL more of the vessels covered by the contract at law enforcement agency in the case of counter- VESSEL REGISTER. any time during, or at the end of, the contract drug activities outside the United States’’. In carrying out section 1011 of the National period (including any option period) upon pay- (c) UNSPECIFIED MINOR MILITARY CONSTRUC- Defense Authorization Act for Fiscal Year 1996 ment of an amount not in excess of the TION PROJECTS.—Such section is further amend- (Public Law 104–106; 110 Stat. 421), the Sec- unamortized portion of the cost of the vessels ed by adding at the end the following new sec- retary of the Navy shall list on the Naval Vessel plus amounts incurred in connection with the tion: Register, and maintain on that register, the fol- termination of the financing arrangements asso- ‘‘(h) UNSPECIFIED MINOR MILITARY CON- lowing two Iowa-class battleships: the USS ciated with the vessels. STRUCTION PROJECTS.—Section 2805 of title 10, IOWA (BB–61) and the USS WISCONSIN (BB– ‘‘(f) DOMESTIC CONSTRUCTION.—The Secretary United States Code, shall apply with respect to 64). shall require in any contract entered into under any unspecified minor military construction SEC. 1012. TRANSFER OF USS NEW JERSEY. this section that each vessel to which the con- project carried out using the authority provided The Secretary of the Navy shall strike the tract applies— under this section.’’. USS NEW JERSEY (BB–62) from the Naval Ves- ‘‘(1) shall have been constructed in a shipyard sel Register and shall transfer that vessel to a within the United States; and SEC. 1022. SUPPORT FOR COUNTER-DRUG OPER- ATION CAPER FOCUS. non-for-profit entity in accordance with section ‘‘(2) upon delivery, shall be documented under 7306 of title 10, United States Code. The Sec- the laws of the United States. (a) SUPPORT REQUIRED.—During fiscal year 1999, the Secretary of Defense shall make avail- retary shall require as a condition of the trans- ‘‘(g) VESSEL CREWING.—The Secretary shall fer of that vessel that the transferee locate the require in any contract entered into under this able such surface vessels of the Navy and mari- vessel in the State of New Jersey. section that the crew of any vessel to which the time patrol aircraft and crews of the Navy as contract applies be comprised of private sector may be necessary to conduct the final phase of SEC. 1013. LONG-TERM CHARTER OF THREE VES- the counter-drug operation known as Caper SELS IN SUPPORT OF SUBMARINE commercial mariners. Focus, which targets the maritime movement of RESCUE, ESCORT, AND TOWING. ‘‘(h) DOMESTIC CONSTRUCTION REQUIREMENT cocaine on vessels in the eastern Pacific Ocean. The Secretary of the Navy may enter into con- FOR CERTAIN LEASES OF VESSELS.—(1) Notwith- tracts in accordance with section 2401 of title 10, standing section 2400 or 2401a of this title or any (b) FISCAL YEAR 1999 FUNDING.—Of the United States Code, for the charter through Sep- other provision of law, the Secretary of Defense amount authorized to be appropriated pursuant tember 30, 2003, of the following vessels: may not enter into a contract for the lease or to section 301(20) for drug interdiction and (1) The CAROLYN CHOUEST (United States charter of a vessel described in paragraph (2) for counter-drug activities, $24,400,000 shall be official number D102057). a contract period in excess of 17 months (inclu- available only for the purpose of conducting the (2) The KELLIE CHOUEST (United States of- sive of any option periods) unless the vessel is counter-drug operation known as Caper Focus. ficial number D1038519). constructed in a shipyard in the United States. Subtitle D—Miscellaneous Report (3) The DOLORES CHOUEST (United States ‘‘(2) Paragraph (1) applies to vessels of the Requirements and Repeals official number D600288). following types: SEC. 1031. ANNUAL REPORT ON RESOURCES AL- SEC. 1014. TRANSFER OF OBSOLETE ARMY TUG- ‘‘(A) Auxiliary support vessel. LOCATED TO SUPPORT AND MISSION BOAT. ‘‘(B) Strategic sealift vessel. ACTIVITIES. In carrying out section 1023 of the National ‘‘(C) Tank vessel. Section 113 of title 10, United States Code, is Defense Authorization Act for Fiscal Year 1998 ‘‘(D) Combat logistics force vessel. amended by adding at the end the following (Public Law 105–85; 111 Stat. 1876), the Sec- ‘‘(i) CONTINGENT WAIVER OF OTHER PROVI- new subsection: retary of the Army may substitute the obsolete, SIONS OF LAW.—A contract authorized by this ‘‘(l) The Secretary shall include in the annual decommissioned tugboat Attleboro (LT–1977) for section may be entered into without regard to report to Congress under subsection (c) the fol- the tugboat Normandy (LT–1971) as one of the section 2401 or 2401a of this title if the Secretary lowing: H3532 CONGRESSIONAL RECORD — HOUSE May 20, 1998 ‘‘(1) A comparison of the amounts provided in Defense is subject under section 5520a of title 5, TITLE XI—DEPARTMENT OF DEFENSE the defense budget for support and for mission United States Code (including the regulations CIVILIAN PERSONNEL activities for each of the preceding five years. promulgated under subsection (k) of that sec- SEC. 1101. AUTHORITY FOR RELEASE TO COAST ‘‘(2) A comparison of the number of military tion). GUARD OF DRUG TEST RESULTS OF and civilian personnel, shown by major occupa- (4) SECTION 5520A NOTICE.—The term ‘‘section CIVIL SERVICE MARINERS OF THE tional category, assigned to support positions 5520a notice’’ means, with respect to the Depart- MILITARY SEALIFT COMMAND. and to mission positions for each of the preced- ment of Defense, the notice required by sub- (a) IN GENERAL.—Chapter 643 of title 10, ing five years. section (c) of section 5520a of title 5, United United States Code, is amended by adding at the ‘‘(3) An accounting, shown by service and by States Code, to be sent in writing to an employee end the following new section: major occupational category, of the number of (or, pursuant to the regulations promulgated ‘‘§ 7479. Civil service mariners of Military Sea- military and civilian personnel assigned to sup- under subsection (k) of that section, to a mem- lift Command: release of drug test results to port positions during each of the preceding five ber of the Armed Forces) upon the receipt by the Coast Guard years. DOD section 5520a agent of legal process cov- ‘‘(a) RELEASE OF DRUG TEST RESULTS TO ‘‘(4) A listing of the number of military and ci- ered by that section. COAST GUARD.—The Secretary of the Navy may vilian personnel assigned to management head- (c) ALTERNATIVE REQUIREMENTS.—The infor- release to the Commandant of the Coast Guard quarters and headquarters support activities as mation referred to in subsection (a) that is to be the results of a drug test of any employee of the a percentage of military end-strength for each of included as part of a section 459 notice or sec- Department of the Navy who is employed in any the preceding 10 years.’’. tion 5520a notice sent to an individual (in lieu capacity on board a vessel of the Military Sea- Subtitle E—Other Matters of sending with that notice a copy of the notice lift Command. Any such release shall be in ac- SEC. 1041. CLARIFICATION OF LAND CONVEY- or service received by the DOD section 459 agent cordance with the standards and procedures ap- ANCE AUTHORITY, ARMED FORCES or the DOD section 5520a agent) is the follow- plicable to the disclosure and reporting to the RETIREMENT HOME, DISTRICT OF ing: Coast Guard of drug tests results and drug test COLUMBIA. (1) A description of the pertinent court order, records of individuals employed on vessels docu- (a) SALE REQUIRED.—Subsection (a) of section notice to withhold, or other order, process, or mented under the laws of the United States. 1053 of the National Defense Authorization Act interrogatory received by the DOD section 459 ‘‘(b) WAIVER.—The results of a drug test of an for Fiscal Year 1997 (Public Law 104–201; 110 agent or the DOD section 5520a agent. employee may be released under subsection (a) Stat. 2650) is amended— (2) The identity of the court or judicial forum without the prior written consent of the em- (1) by striking out ‘‘, by sale or otherwise,’’; involved and (in the case of a notice or process ployee that is otherwise required under section and concerning the ordering of a support or alimony 503(e) of the Supplemental Appropriations Act, (2) by adding at the end the following new obligation) the case number, the amount of the 1987 (5 U.S.C. 7301 note).’’. sentence: ‘‘The conveyance of the real property obligation, and the name of the beneficiary. (b) CLERICAL AMENDMENT.—The table of sec- shall be made by sale to the highest bidder, ex- (3) Information on how the individual may tions at the beginning of such chapter is amend- cept that the purchase price may not be less obtain from the Department of Defense a copy ed by adding at the end the following new item: than the fair market value of the parcel.’’. of the notice, service, or legal process, including ‘‘7479. Civil service mariners of Military Sealift (b) CONFORMING AMENDMENT.—Subsection an address and telephone number that the indi- Command: release of drug test re- (b)(1) of such section is amended by striking out vidual may be contact for the purpose of obtain- sults to Coast Guard.’’. ‘‘the disposal’’ and inserting in lieu thereof ‘‘the ing such a copy. sale’’. (d) REPORT.—Not later than April 1, 2001, the SEC. 1102. LIMITATIONS ON BACK PAY AWARDS. (a) In General.—Section 5596(b) of title 5, SEC. 1042. CONTENT OF NOTICE REQUIRED TO BE Secretary shall submit to Congress a report de- PROVIDED GARNISHEES BEFORE scribing the experience of the Department of De- United States Code, is amended— GARNISHMENT OF PAY OR BENE- fense under the authority provided by this sec- (1) by redesignating paragraph (4) as para- FITS. tion. The report shall include the following: graph (5); and (a) AUTHORIZATION OF ALTERNATIVE TO PRO- (1) The number of section 459 notices provided (2) by inserting after paragraph (3) the follow- VIDING COPY OF NOTICE OR SERVICE RECEIVED by the DOD section 459 agent during the period ing new paragraph: ‘‘(4) The pay, allowances, or differentials BY THE SECRETARY.—(1) Whenever the Secretary the authority provided by this section was in ef- granted under this section for the period for of Defense (acting through the DOD section 459 fect. agent) provides a section 459 notice to an indi- (2) The number of individuals who requested which an unjustified or unwarranted personnel vidual, the Secretary may include as part of the DOD section 459 agent to provide to them a action was in effect shall not exceed that au- that notice the information specified in sub- copy of the actual notice or service. thorized by the applicable law, rule, regula- section (c) in lieu of sending with that notice a (3) Any complaint the Secretary received by tions, or collective bargaining agreement under copy (otherwise required pursuant to the par- reason of not having provided the actual notice which the unjustified or unwarranted personnel enthetical phrase in section 459(c)(2)(A) of the or service in the section 459 notice. action is found, except that in no case may pay, Social Security Act) of the notice or service re- (4) The number of section 5520a notices pro- allowances, or differentials be granted under ceived by the DOD section 459 agent with re- vided by the DOD section 5520a agent during this section for a period beginning more than 6 spect to that individual’s child support or ali- the period the authority provided by this section years before the date of the filing of a timely ap- mony payment obligations. was in effect. peal or, absent such filing, the date of the ad- (2) Whenever the Secretary of Defense (acting (5) The number of individuals who requested ministrative determination.’’. through the DOD section 5520a agent) provides the DOD section 5520a agent to provide to them (b) CONFORMING AMENDMENT.—Section 7121 of a section 5520a notice to an individual, the Sec- a copy of the actual legal process. title 5, United States Code, is amended by add- retary may include as part of that notice the in- (6) Any complaint the Secretary received by ing at the end the following new subsection: formation specified in subsection (c) in lieu of reason of not having provided the actual legal ‘‘(h) Settlements and awards under this chap- sending with that notice a copy (otherwise re- process in the section 5520a notice. ter shall be subject to the limitations in section 5596(b)(4) of this title.’’. quired pursuant to the second parenthetical SEC. 1043. TRAINING OF SPECIAL OPERATIONS phrase in section 5520a(c) of the title 5, United FORCES WITH FRIENDLY FOREIGN SEC. 1103. RESTORATION OF ANNUAL LEAVE AC- States Code) of the legal process received by the FORCES. CUMULATED BY CIVILIAN EMPLOY- EES AT INSTALLATIONS IN THE RE- DOD section 5520a agent with respect to that in- (a) TRAINING EXPENSES FOR WHICH PAYMENT PUBLIC OF PANAMA TO BE CLOSED dividual. MAY BE MADE.—Subsection (a)(1) of section PURSUANT TO THE PANAMA CANAL (b) DEFINITIONS.—For purposes of this section: 2011 of title 10, United States Code, is amended TREATY OF 1977. (1) DOD SECTION 459 AGENT.—The term ‘‘DOD by striking out ‘‘and other security forces’’. Section 6304(d)(3)(A) of title 5, United States section 459 agent’’ means the agent or agents (b) PURPOSE OF TRAINING.—Subsection (b) of Code, is amended by inserting ‘‘the closure of an designated by the Secretary of Defense under such section is amended by striking out ‘‘pri- installation of the Department of Defense in the subsection (c)(1)(A) of section 459 of the Social mary’’. Republic of Panama in accordance with the Security Act (42 U.S.C. 659) to receive orders (c) REGULATIONS.—Subsection (c) of such sec- Panama Canal Treaty of 1977,’’ after ‘‘2687 and accept service of process in matters related tion is amended by inserting after the first sen- note) during any period,’’. to child support or alimony. tence the following new sentence: ‘‘The regula- SEC. 1104. REPEAL OF PROGRAM PROVIDING (2) SECTION 459 NOTICE.—The term ‘‘section 459 tions shall require that training activities may PREFERENCE FOR EMPLOYMENT OF notice’’ means, with respect to the Department be carried out under this section only with the MILITARY SPOUSES IN MILITARY of Defense, the notice required by subsection prior approval of the Secretary of Defense.’’. CHILD CARE FACILITIES. (c)(2)(A) of section 459 of the Social Security Act (d) ELEMENTS OF ANNUAL REPORT.—Sub- Section 1792 of title 10, United States Code, is (42 U.S.C. 659) to be sent to an individual in section (e) of such section is amended by adding amended— writing upon the receipt by the DOD section 459 at the end the following new paragraphs: (1) by striking out subsection (d); and agent of notice or service with respect to the in- ‘‘(5) A summary of the expenditures under (2) by redesignating subsection (e) as sub- dividual’s child support or alimony payment ob- this section resulting from the training for section (d). ligations. which expenses were paid under this section. SEC. 1105. ELIMINATION OF RETAINED PAY AS (3) DOD SECTION 5520A AGENT.—The term ‘‘(6) A discussion of the unique military train- BASIS FOR DETERMINING LOCALITY- ‘‘DOD section 5520a agent’’ means a person who ing benefit to United States special operations BASED ADJUSTMENTS. is designated by law or regulation to accept forces derived from the training activities for Section 5302(8)(B) of title 5, United States service of process to which the Department of which expenses were paid under this section.’’. Code, is amended by inserting ‘‘(except a rate May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3533 retained under subsection (a)(2) of that sec- (4) The President has in effect committed (A) transparent functioning of local, entity, tion)’’ after ‘‘section 5363’’. United States ground combat forces in the Re- and national governments; SEC. 1106. OBSERVANCE OF CERTAIN HOLIDAYS public of Bosnia and Herzegovina to providing a (B) acceptance of binding arbitration for the AT DUTY POSTS OUTSIDE THE secure environment for complete implementation implementation of results in contested local elec- UNITED STATES. of the civilian provisions of the Dayton Accords. tions; Section 6103(b) of title 5, United States Code, (5) The Administration has not specified how (C) modification of electoral laws to meet is amended by inserting after paragraph (2) the long such an achievement will take and, there- international and Organization for Security and following new paragraph: fore, the mission of United States ground combat Cooperation in Europe (OSCE) standards; ‘‘(3) Instead of a holiday that is designated forces in the Republic of Bosnia and (D) the free and fair conduct of the September under subsection (a) to occur on a Monday, for Herzegovina is of indefinite duration. 1998 national elections and subsequent elections; an employee at a duty post outside the United (b) ANNUAL PRESIDENTIAL REPORT.—(1) The and States whose basic workweek is other than Mon- President shall submit to Congress an annual (E) similar measures. day through Friday, and for whom Monday is (6) Return of refugees, as measured by— report on the presence of United States ground (A) compliance of entity property laws with a regularly scheduled workday, the legal public combat forces in the Republic of Bosnia and the Dayton Accords; holiday is the first workday of the workweek in Herzegovina. Each such report shall include the (B) participation by entity governments in or- which the Monday designated for the observ- following: derly cross-ethnic returns; ance of such holiday under subsection (a) oc- (A) The President’s assessment of progress to- (C) protection by local police of returnees; curs.’’. ward the full implementation of the civilian (D) acceptance of substantial numbers of re- TITLE XII—MATTERS RELATING TO OTHER goals of the Dayton Accord, as specified in sub- turned refugees in major cities; and NATIONS section (c). (E) similar measures. SEC. 1201. LIMITATION ON FUNDS FOR PEACE- (B) The expected duration of the deployment (7) Resolution of the status of Brcko, as meas- KEEPING IN THE REPUBLIC OF BOS- of United States ground combat forces in the Re- ured by— NIA AND HERZEGOVINA. public of Bosnia and Herzegovina in support of (A) the implementation of local election re- (a) LIMITATION.—The Secretary of Defense implementation of those goals. sults; may not expend from funds appropriated to the (C) The percentage of those goals that have (B) the functioning of an ethnically inte- Department of Defense for fiscal year 1999 more been completed as of the date of the report, the grated police force; (C) ethnic reintegration of Brcko and the sur- than $1,858,600,000 for the purpose of providing percentage that are expected to be completed rounding region; and within the next reporting period, and the ex- for United States participation in Bosnia peace- (D) similar measures. keeping operations. pected time for completion of the remaining (8) Compliance of persons indicted for war (b) EMERGENCY EXCEPTION.—The Secretary tasks. crimes by the International Tribunal for the may increase the amount under subsection (a) (2) The first report under this subsection shall Former Yugoslavia, as measured by— by not more than $100,000,000 for the sole pur- be submitted not later than 90 days after the (A) the termination of political, military, and pose of safeguarding United States forces in the date of the enactment of this Act, and subse- media control by war criminals; event of hostilities, imminent hostilities, or other quent reports shall be submitted at yearly inter- (B) the assistance of local authorities in ap- grave danger to their well-being. Such an in- vals thereafter. The requirement to submit an prehension of indictees; crease may become effective only upon submis- annual report under this subsection terminates (C) the cooperation of entity justice establish- sion by the Secretary to Congress of a certifi- upon the withdrawal of all United States ments in cooperating with the Tribunal; and cation that such grave danger exists and that ground combat forces from the Republic of Bos- (D) similar measures. such additional funds are required to meet im- nia and Herzegovina. (9) The ability of international organizations mediate security threats. (c) BASIS FOR ASSESSMENT OF PROGRESS.—For to carry out their functions within the Republic (c) REPORT.—Not later than April 1, 1999, the purposes of subsection (b)(1)(A), the President of Bosnia and Herzegovina without military Secretary of Defense shall submit to Congress a shall assess whether progress is being made to- support, as measured by— report with respect to United States participa- ward implementation of the civilian goals of the (A) the ability of local authorities to carry out tion in Bosnia peacekeeping operations. The re- Dayton Accords based upon assessment of the demining programs; port shall provide a detailed projection of any following goals and associated matters: (B) the ability of the Office of the High Rep- additional funding that will be required by the (1) Accomplishment of military stability, as resentative to enforce inter-entity agreements Department of Defense to meet mission require- measured by— without accompanying military shows of force; ments for such operations for the remainder of (A) the maintenance of the cease-fire between and (C) similar measures. fiscal year 1999. the former warring parties; (10) Economic reconstruction and recovery, as (d) PRESIDENTIAL AUTHORITY.—Nothing in (B) the continued cantonment of heavy weap- measured by— this section shall be deemed to restrict the au- ons and the observance of arms limitations; (A) local currency circulating freely and its thority of the President under the Constitution (C) the disbanding of special police; use in official transactions; to protect the lives of United States citizens. (D) the termination of covert support to the (B) an agreement reached on a permanent na- (e) BOSNIA PEACEKEEPING OPERATIONS.—For Srpska Demokratska Stranka party by the Fed- tional currency in use in all entities; purposes of subsection (a), the term ‘‘Bosnia eral Republic of Yugoslavia; and (C) the creation of privatization laws consist- peacekeeping operations’’ means the operation (E) similar measures. ent with the Dayton Accords; designated as Operation Joint Force, the oper- (2) Police and judicial reform, as measured (D) government control over sources of reve- ation designated as Operation Joint Endeavor, by— nue; and any other operation under which United (A) the restructuring and ethnic integration of (E) substantial repair and functioning of States military forces participate in peacekeep- local police; major infrastructure elements; ing or peace enforcement activities in the Re- (B) completion of human rights training by (F) an in-place International Monetary Fund public of Bosnia and Herzegovina and any ac- local police forces; program; and tivity that is directly related to the support of (C) the demonstrated ability of local police to (G) similar measures. any such operation. deal effectively and impartially with civil dis- (d) SECRETARY OF DEFENSE REPORT.—(1) Not SEC. 1202. REPORTS ON THE MISSION OF UNITED turbances and disorder; later than December 15, 1998, the Secretary of STATES FORCES IN REPUBLIC OF (D) the implementation of an effective judicial Defense shall submit to the congressional de- BOSNIA AND HERZEGOVINA. reform program; and fense committees a report on the effects of mili- (a) FINDINGS.—Congress finds the following: (E) similar measures. tary operations in the Republic of Bosnia and (1) In section 1202(1) of the National Defense (3) Creation and implementation of effective Herzegovina and the Balkans region on the ca- Authorization Act for Fiscal Year 1998 (Public national institutions untainted by ethnic sepa- pabilities of United States military forces and, Law 105–85; 111 Stat. 1929; approved November ratism, as measured by— in particular, on the capability of United States 18, 1997), it was stated to be the sense of Con- (A) the dissolution of previously outlawed in- military forces to conduct successfully two near- gress that United States ground combat forces stitutions; ly simultaneous major theater wars as specified should not participate in a follow-on force in (B) a functioning customs service with na- in current Defense Planning Guidance and in the Republic of Bosnia and Herzegovina after tional control over customs revenues; accordance with the deployment timelines called June 1998. (C) transparency in national budgets and dis- for in the war plans of the commanders of uni- (2) On December 16, 1997, the President an- bursements; and fied combatant commands. nounced his support for the continued deploy- (D) similar measures. (2) Whenever the number of United States ment of United States ground combat forces in (4) Media reform, as measured by— ground combat forces in the Republic of Bosnia the Republic of Bosnia and Herzegovina after (A) the divestiture of control of broadcast net- and Herzegovina increases or decreases by 10 June 30, 1998, as part of a multinational peace- works from the control of political parties; percent or more compared to the number of such keeping force led by the North Atlantic Treaty (B) opposition party access to media; forces as of the most recent previous report Organization (NATO). (C) the availability of alternative and inde- under this subsection, the Secretary shall submit (3) The President’s decision to extend the pendent media throughout the Republic of Bos- an additional report as specified in paragraph presence of United States ground combat forces nia and Herzegovina; and (1). Any such additional report shall be submit- in the Republic of Bosnia and Herzegovina has (D) similar measures. ted within 30 days of the date on which the re- changed the mission of those forces in a fun- (5) Democratization and reform of the elec- quirement to submit the report becomes effective damental manner. toral process, as measured by— under the preceding sentence. H3534 CONGRESSIONAL RECORD — HOUSE May 20, 1998

(3) The Secretary shall include in each report (2) An assessment of the capability of each (b) FISCAL YEAR 1999 COOPERATIVE THREAT under this subsection information with respect candidate member nation to provide logistical, REDUCTION FUNDS DEFINED.—As used in this to the effects of military operations in the Re- command and control, and other vital infra- title, the term ‘‘fiscal year 1999 Cooperative public of Bosnia and Herzegovina and the Bal- structure required for alliance defense (as speci- Threat Reduction funds’’ means the funds ap- kans region on the capabilities of United States fied in Article V of the NATO Charter), includ- propriated pursuant to the authorization of ap- military forces to conduct successfully two near- ing a description in general terms of alliance propriations in section 301 for Cooperative ly simultaneous major theater wars as specified plans for reinforcing each candidate member na- Threat Reduction programs. in current Defense Planning Guidance and in tion during a crisis or war and detailing means SEC. 1302. FUNDING ALLOCATIONS. accordance with the deployment timelines called for deploying both United States and other (a) IN GENERAL.—Of the fiscal year 1999 Coop- for in the war plans of the commanders of uni- NATO forces from current member states and erative Threat Reduction funds, not more than fied combatant commands. Such information from the continental United States or other the following amounts may be obligated for the shall include information on the effects of those United States bases worldwide and, in particu- purposes specified: operations upon anticipated deployment plans lar, describing plans for ground reinforcement of (1) Except as provided in paragraph (11), for for major theater wars in Southwest Asia or on Hungary. strategic offensive arms elimination in Russia, the Korean peninsula including the following: (3) An assessment of the ability of current and $142,400,000. (A) Deficiencies or delays in deployment of candidate alliance members to deploy and sus- (2) Except as provided in paragraph (11), for strategic lift, logistics support and infrastruc- tain combat forces in alliance defense missions strategic nuclear arms elimination in Ukraine, ture, ammunition (including precision guided conducted in the territory of any of the can- $47,500,000. munitions) support forces, intelligence assets, didate member nations, as specified in Article V (3) For activities to support warhead dis- follow-on forces used for planned of the NATO Charter. mantlement processing in Russia, $9,400,000. counteroffensives, and similar forces. (4) A description of projected defense pro- (B) Additional planned reserve component mo- (4) For activities associated with chemical grams through 2009 (shown on an annual basis weapons destruction in Russia, $35,000,000. bilization, including specific units to be ordered and cumulatively) of each current and can- to active duty and required dates for activation (5) For weapons transportation security in didate alliance member nation, including of presidential call-up authority. Russia, $10,300,000. planned investments in capabilities relevant to (C) Specific plans and timelines for redeploy- (6) For planning, design, and construction of Article V alliance defense and potential alliance ment of United States forces from the Republic a storage facility for Russian fissile material, contingency operations and showing both of Bosnia and Herzegovina, the Balkans region, $60,900,000. planned national efforts as well as planned alli- or supporting forces in the region, to both the (7) For weapons storage security in Russia, ance common efforts and describing any dispari- first and second major theater war. $41,700,000. (D) Preventative actions or deployments in- ties in investments by current or candidate alli- (8) For development of a cooperative program volving United States forces in the Republic of ance member nations. with the Government of Russia to eliminate the Bosnia and Herzegovina and the Balkans region (5) A detailed comparison and description of production of weapons grade plutonium at Rus- that would be taken in the event of a single the- any disparities in scope, methodology, assess- sian reactors, $29,800,000. ater war to deter the outbreak of a second thea- ments of common alliance or national respon- (9) For biological weapons proliferation pre- ter war. sibilities, or any other factor related to alliance vention activities in Russia, $2,000,000. (E) Specific plans and timelines to replace capabilities between (A) the report on alliance (10) For activities designated as Other Assess- forces deployed to the Republic of Bosnia and expansion costs prepared by the Department of ments/Administrative Support $7,000,000. Herzegovina, the Balkans region, or the sur- Defense (in the report submitted to Congress in (11) For strategic arms elimination in Russia rounding region to maintain United States mili- February 1998 entitled ‘‘Report to the Congress or Ukraine, $31,400,000. tary presence. on the Military Requirements and Costs of (b) LIMITED AUTHORITY TO VARY INDIVIDUAL (F) An assessment, undertaken in consulta- NATO Enlargement’’), and (B) the report on al- AMOUNTS.—(1) If the Secretary of Defense deter- tion with the Chairman of the Joint Chiefs of liance expansion costs prepared by NATO col- mines that it is necessary to do so in the na- Staff and the commanders of the unified com- lectively and referred to as the ‘‘NATO esti- tional interest, the Secretary may, subject to batant commands, of the level of increased risk mate’’, issued at Brussels in November 1997. paragraphs (2) and (3), obligate amounts for the to successful conduct of the major theater wars (6) Any other factor that, in the judgment of purposes stated in any of the paragraphs of sub- and the maintenance of security and stability in the Secretary of Defense, bears upon the strate- section (a) in excess of the amount specified for the Republic of Bosnia and Herzegovina and the gic, operational, or tactical military capabilities those purposes in that paragraph. However, the Balkans region, by the requirement to redeploy of an expanded NATO alliance. total amount obligated for the purposes stated forces from Bosnia and the Balkans in the event (c) SUBMISSION OF REPORT.—The report shall in the paragraphs in subsection (a) may not by of a major theater war. be submitted to Congress not later than March reason of the use of the authority provided in (e) DEFINITION OF DAYTON ACCORDS.—For 15, 1999. the preceding sentence exceed the sum of the purposes of this section, the term ‘‘Dayton Ac- SEC. 1204. ONE-YEAR EXTENSION OF amounts specified in those paragraphs. cords’’ means the General Framework Agree- COUNTERPROLIFERATION AUTHORI- (2) An obligation for the purposes stated in ment for Peace in Bosnia and Herzegovina, ini- TIES FOR SUPPORT OF UNITED NA- any of the paragraphs in subsection (a) in ex- tialed by the parties in Dayton, Ohio, on No- TIONS SPECIAL COMMISSION ON cess of the amount specified in that paragraph IRAQ. vember 21, 1995, and signed in Paris on Decem- may be made using the authority provided in (a) AMOUNT AUTHORIZED FOR FISCAL YEAR ber 14, 1995. paragraph (1) only after— 1999.—The total amount of assistance for fiscal SEC. 1203. REPORT ON MILITARY CAPABILITIES (A) the Secretary submits to Congress notifica- year 1999 provided by the Secretary of Defense OF AN EXPANDED NATO ALLIANCE. tion of the intent to do so together with a com- under section 1505 of the Weapons of Mass De- (a) REPORT.—The Secretary of Defense shall plete discussion of the justification for doing so; struction Control Act of 1992 (22 U.S.C. 5859a) prepare a report, in both classified and unclassi- and that is provided in the form of funds, including fied form, on the planned future military capa- (B) 15 days have elapsed following the date of funds used for activities of the Department of bilities of the North Atlantic Treaty Organiza- the notification. Defense in support of the United Nations Spe- tion (NATO) in light of the proposed inclusion (3) The Secretary may not, under the author- cial Commission on Iraq, may not exceed of Poland, the Czech Republic, and Hungary in ity provided in paragraph (1), obligate amounts $15,000,000. the NATO alliance. The report shall set forth— appropriated for the purposes stated in any of (b) EXTENSION OF AUTHORITY TO PROVIDE AS- (1) the tactical, operational, and strategic paragraphs (3) through (10) of subsection (a) in SISTANCE.—Subsection (f) of section 1505 of the issues that would be raised by the inclusion of excess of 115 percent of the amount stated in Weapons of Mass Destruction Control Act of Poland, the Czech Republic, and Hungary in those paragraphs. the NATO alliance; 1992 (22 U.S.C. 5859a) is amended by striking out (2) the required improvements to common alli- ‘‘1998’’ and inserting in lieu thereof ‘‘1999’’. SEC. 1303. PROHIBITION ON USE OF FUNDS FOR SPECIFIED PURPOSES. ance military assets that would result from the SEC. 1205. REPEAL OF LANDMINE MORATORIUM. (a) IN GENERAL.—No fiscal year 1999 Coopera- inclusion of those nations in the alliance; Section 580 of the Foreign Operations Appro- (3) the planned improvements to national ca- tive Threat Reduction funds, and no funds ap- priations Act, 1996 (Public Law 104–107; 110 Sat propriated for Cooperative Threat Reduction pabilities of current NATO members that would 751), is repealed. be required by reason of the inclusion of those programs for any prior fiscal year and remain- TITLE XIII—COOPERATIVE THREAT RE- nations in the alliance; ing available for obligation, may be obligated or (4) the planned improvements to national ca- DUCTION WITH STATES OF FORMER SO- expended for any of the following purposes: pabilities of the military forces of those can- VIET UNION (1) Conducting with Russia any peacekeeping didate member nations; and SEC. 1301. SPECIFICATION OF COOPERATIVE exercise or other peacekeeping-related activity. (5) the additional requirements that would be THREAT REDUCTION PROGRAMS (2) Provision of housing. imposed on the United States by NATO expan- AND FUNDS. (3) Provision of assistance to promote environ- sion. (a) SPECIFICATION OF CTR PROGRAMS.—For mental restoration. (b) MATTERS TO BE INCLUDED.—The report purposes of section 301 and other provisions of (4) Provision of assistance to promote job re- shall include the following: this Act, Cooperative Threat Reduction pro- training. (1) An assessment of the tactical and oper- grams are the programs specified in subsection (5) Programs other than the programs speci- ational capabilities of the military forces of each (b) of section 406 of title 10, United States Code fied in subsection (b) of section 406 of title 10, of the candidate member nations. (as added by section 1305). United States Code (as added by section 1305). May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3535

(b) LIMITATION WITH RESPECT TO DEFENSE tive Threat Reduction funds may be obligated or or other countries to visit military and non- CONVERSION ASSISTANCE.—None of the funds expended for strategic offensive arms elimi- military biological research, development, test- appropriated pursuant to this Act may be obli- nation projects in Russia related to the START ing, and production sites in order to resolve am- gated or expended for the provision of assistance II Treaty (as defined in section 1302(f) of the biguities regarding activities at such sites. to Russia or any other state of the former Soviet National Defense Authorization Act for Fiscal (6) A description of the information provided Union to promote defense conversion. Year 1998 (Public Law 105–85; 111 Stat. 1948)) by Russia about its biological weapons dis- SEC. 1304. LIMITATION ON USE OF FUNDS FOR until 30 days after the date on which the Sec- mantlement efforts to date. CHEMICAL WEAPONS DESTRUCTION retary of Defense submits to Congress the certifi- (7) An assessment of the accuracy and com- FACILITY. cation described in section 1404 of the National prehensiveness of declarations by Russia regard- No fiscal year 1999 Cooperative Threat Reduc- Defense Authorization Act for Fiscal Year 1998 ing its biological weapons activities. tion funds authorized to be obligated in section (Public Law 105–85; 111 Stat. 1960). (8) An identification of collaborative biologi- 1302(a)(4) for activities associated with chemical (b) USE OF FUNDS FOR CHEMICAL WEAPONS cal research projects carried out by the United weapons destruction in Russia, and no funds DESTRUCTION FACILITY.—No fiscal year 1999 Co- States and Russia for which Cooperative Threat appropriated for Cooperative Threat Reduction operative Threat Reduction funds may be obli- Reduction funds have been used. programs for any prior fiscal year and remain- gated or expended for activities relating to a (9) An evaluation of the political and military ing available for obligation, may be used for chemical weapons destruction facility until 15 utility of prior, existing, and prospective cooper- construction of a chemical weapons destruction days after the date that is the later of the dates ative biological pathogen research programs car- facility. described in section 1405 of the National Defense ried out between the United States and Russia, SEC. 1305. LIMITATION ON OBLIGATION OF Authorization Act for Fiscal Year 1998 (Public and an assessment of the impact of such pro- FUNDS FOR A SPECIFIED PERIOD. Law 105–85; 111 Stat. 1960). grams on increasing Russian military trans- (a) IN GENERAL.—(1) Chapter 20 of title 10, (c) USE OF FUNDS FOR DESTRUCTION OF CHEM- parency with respect to biological weapons ac- United States Code, is amended by adding at the ICAL WEAPONS.—No funds authorized to be ap- tivities. end the following new section: propriated under this or any other Act for fiscal (10) An assessment of the political and mili- ‘‘§ 406. Use of Cooperative Threat Reduction year 1999 for Cooperative Threat Reduction pro- tary utility of the long-term collaborative pro- program funds: limitation grams may be obligated or expended for chemi- gram advocated by the National Academy of cal weapons destruction activities until the Sciences in its October 27, 1997 report, ‘‘Control- ‘‘(a) IN GENERAL.—In carrying out Coopera- President submits to Congress the written cer- tive Threat Reduction programs during any fis- ling Dangerous Pathogens: A Blueprint for tification described in section 1406(b) of the Na- cal year, the Secretary of Defense may use U.S.-Russian Cooperation’’. tional Defense Authorization Act for Fiscal funds appropriated for those programs only to SEC. 1309. LIMITATION ON USE OF FUNDS FOR BI- Year 1998 (Public Law 105–85; 111 Stat. 1961). the extent that those funds were appropriated OLOGICAL WEAPONS PROLIFERA- (d) USE OF FUNDS FOR STORAGE FACILITY FOR TION PREVENTION ACTIVITIES IN for that fiscal year or for either of the 2 preced- RUSSIAN FISSILE MATERIAL.—No fiscal year 1999 RUSSIA. ing fiscal years. Cooperative Threat Reduction funds may be ob- No fiscal year 1999 Cooperative Threat Reduc- ‘‘(b) DEFINITION OF COOPERATIVE THREAT RE- ligated or expended for planning, design, or tion funds may be obligated or expended for bio- DUCTION PROGRAMS.—In this section, the term construction of a storage facility for Russian logical weapons proliferation prevention activi- ‘Cooperative Threat Reduction programs’ means fissile material until 15 days after the date that ties in Russia until 15 days after the date that the following programs with respect to states of is the later of the dates described in section 1407 is the later of the following: the former Soviet Union: (1) The date on which the Secretary of De- ‘‘(1) Programs to facilitate the elimination, of the National Defense Authorization Act for fense submits to Congress a certification that no and the safe and secure transportation and stor- Fiscal Year 1998 (Public Law 105–85; 111 Stat. Cooperative Threat Reduction funds provided age, of nuclear, chemical, and other weapons of 1962). (e) USE OF FUNDS FOR WEAPONS STORAGE SE- for cooperative research activities at biological mass destruction and their delivery vehicles. ‘‘(2) Programs to facilitate the safe and secure CURITY.—No fiscal year 1999 Cooperative Threat research institutes in Russia have been used— storage of fissile materials derived from the Reduction funds intended for weapons storage (A) to support activities that have resulted in elimination of nuclear weapons. security activities in Russia may be obligated or the development of a new strain of anthrax; or ‘‘(3) Programs to prevent the proliferation of expended until 15 days after the date that the (B) for any purpose inconsistent with the ob- weapons of mass destruction, components, and Secretary of Defense submits to Congress the re- jectives of providing such assistance. technology and expertise related to such weap- port on the status of negotiations between the (2) The date on which the Secretary submits ons. United States and Russia described in section to the congressional defense committees notifica- ‘‘(4) Programs to expand military-to-military 1408 of the National Defense Authorization Act tion that the United States has examined and and defense contacts.’’. for Fiscal Year 1998 (Public Law 105–85; 111 tested the new strain of anthrax reportedly de- (2) The table of sections at the beginning of Stat. 1962). veloped at the State Research Center for Applied such chapter is amended by adding at the end SEC. 1308. REPORT ON BIOLOGICAL WEAPONS Microbiology in Obolensk, Russia. the following new item: PROGRAMS IN RUSSIA. SEC. 1310. LIMITATION ON USE OF CERTAIN (a) REPORT.—Not later than December 31, ‘‘406. Use of Cooperative Threat Reduction pro- FUNDS FOR STRATEGIC ARMS ELIMI- 1998, the Secretary of Defense shall submit to NATION IN RUSSIA OR UKRAINE. gram funds: limitation.’’. the congressional defense committees a report, No fiscal year 1999 Cooperative Threat Reduc- (b) EFFECTIVE DATE.—The limitation de- in classified and unclassified forms, contain- tion funds authorized to be obligated in section scribed in section 406 of title 10, United States ing— 1302(a)(11) for strategic arms elimination in Rus- Code, as added by subsection (a), shall apply (1) an assessment of the extent of compliance sia or Ukraine may be obligated or expended with respect to fiscal years beginning with fiscal by Russia with international agreements relat- until 30 days after the date that the Secretary of year 1999. ing to the control of biological weapons; and Defense submits to the congressional defense SEC. 1306. REQUIREMENT TO SUBMIT BREAK- (2) a detailed evaluation of the potential polit- committees notification on how the Secretary DOWN OF AMOUNTS REQUESTED BY ical and military costs and benefits of collabo- plans to use such funds. PROJECT CATEGORY. rative biological pathogen research efforts by SEC. 1311. AVAILABILITY OF FUNDS. The Secretary of Defense shall submit to Con- the United States and Russia. Funds appropriated pursuant to the author- gress on an annual basis, not later than 30 days ONTENT OF REPORT.—The report required (b) C ization of appropriations in section 301 for Co- after the date that the President submits to Con- under subsection (a) shall include the following: operative Threat Reduction programs shall be gress the budget of the United States Govern- (1) An evaluation of the extent of the control available for obligation for three fiscal years. ment for the following fiscal year— and oversight by the Government of Russia over (1) a breakdown, with respect to the appro- the military and civilian-military biological war- DIVISION B—MILITARY CONSTRUCTION priations requested for Cooperative Threat Re- fare programs formerly controlled or overseen by AUTHORIZATIONS duction programs for the fiscal year after the states of the former Soviet Union. SEC. 2001. SHORT TITLE. fiscal year in which the breakdown is submitted, (2) The extent and scope of continued biologi- This division may be cited as the ‘‘Military of the amounts requested for each project cat- cal warfare research, development, testing, and Construction Authorization Act for Fiscal Year egory under each Cooperative Threat Reduction production in Russia, including the sites where 1999’’. program element; and such activity is occurring and the types of activ- (2) a breakdown, with respect to appropria- ity being conducted. TITLE XXI—ARMY tions for Cooperative Threat Reduction pro- (3) An assessment of compliance by Russia SEC. 2101. AUTHORIZED ARMY CONSTRUCTION grams for the fiscal year in which the break- with the terms of the Biological Weapons Con- AND LAND ACQUISITION PROJECTS. down is submitted, of the amounts obligated or vention. (a) INSIDE THE UNITED STATES.—Using expended, or planned to be obligated or ex- (4) An identification and assessment of the amounts appropriated pursuant to the author- pended, for each project category under each measures taken by Russia to comply with the ization of appropriations in section 2104(a)(1), Cooperative Threat Reduction program element. obligations assumed under the Joint Statement the Secretary of the Army may acquire real SEC. 1307. LIMITATION ON USE OF FUNDS UNTIL on Biological Weapons, agreed to by the United property and carry out military construction COMPLETION OF FISCAL YEAR 1998 States, the United Kingdom, and Russia on Sep- projects for the installations and locations in- REQUIREMENTS. tember 14, 1992. side the United States, and in the amounts, set (a) USE OF FUNDS FOR PROGRAMS RELATED TO (5) A description of the extent to which Russia forth in the following table: START II TREATY.—No fiscal year 1999 Coopera- has permitted individuals from the United States H3536 CONGRESSIONAL RECORD — HOUSE May 20, 1998 Army: Inside the United States

State Installation or location Amount

Alabama ...... Anniston Army Depot ...... $3,550,000 Fort Rucker ...... $4,300,000 Redstone Arsenal ...... $1,550,000 California ...... Fort Irwin ...... $14,800,000 Georgia ...... Fort Benning ...... $28,600,000 Hawaii ...... Schofield Barracks ...... $67,500,000 Illinois ...... Rock Island Arsenal ...... $5,300,000 Indiana ...... Crane Army Ammunition Activity ...... $7,100,000 Kansas ...... Fort Riley ...... $3,600,000 Kentucky ...... Blue Grass Army Depot ...... $5,300,000 Fort Campbell ...... $41,000,000 Fort Knox ...... $23,000,000 Louisiana ...... Fort Polk ...... $8,300,000 Maryland ...... Fort Detrick ...... $3,550,000 Missouri ...... Fort Leonard Wood ...... $28,200,000 New Jersey ...... Fort Monmouth ...... $7,600,000 Picatinny Arsenal ...... $8,400,000 New York ...... Fort Drum ...... $4,650,000 United States Military Academy, West Point ...... $85,000,000 North Carolina ...... Fort Bragg ...... $95,900,000 Oklahoma ...... Fort Sill ...... $13,800,000 McAlester Army Ammunition Plant ...... $10,800,000 Texas ...... Fort Bliss ...... $4,100,000 Fort Hood ...... $32,500,000 Fort Sam Houston ...... $21,800,000 Utah ...... Tooele Army Depot ...... $3,900,000 Virginia ...... National Ground Intelligence Center, Charlottesville ...... $46,200,000 Fort Eustis ...... $36,531,000 Washington ...... Fort Lewis ...... $18,200,000 CONUS Classified ...... Classified Location ...... $4,600,000

Total ...... $639,631,000

(b) OUTSIDE THE UNITED STATES.—Using the Secretary of the Army may acquire real States, and in the amounts, set forth in the fol- amounts appropriated pursuant to the author- property and carry out military construction lowing table: ization of appropriations in section 2104(a)(2), projects for the locations outside the United Army: Outside the United States

Country Installation or location Amount

Belgium ...... 80th Area Support Group ...... $6,300,000 Germany ...... Schweinfurt ...... $18,000,000 Wurzburg ...... $4,250,000 Korea ...... Camp Casey ...... $13,400,000 Camp Castle ...... $18,226,000 Camp Humphreys ...... $8,500,000 Camp Stanley ...... $5,800,000 Kwajalein ...... Kwajalein Atoll ...... $48,600,000

Total ...... $123,076,000

SEC. 2102. FAMILY HOUSING. 2104(a)(5)(A), the Secretary of the Army may for the purposes, and in the amounts set forth (a) CONSTRUCTION AND ACQUISITION.—Using construct or acquire family housing units (in- in the following table: amounts appropriated pursuant to the author- cluding land acquisition) at the installations, ization of appropriations in section Army: Family Housing

Installation or State location Purpose Amount

Alabama ...... Redstone Arsenal ...... 118 Units ...... $14,000,000 Hawaii ...... Schofield Barracks ...... 64 Units ...... $14,700,000 North Carolina ...... Fort Bragg ...... 170 Units ...... $19,800,000 Texas ...... Fort Hood ...... 154 Units ...... $21,600,000 Virginia ...... Fort Lee ...... 80 Units ...... $13,000,000

Total ...... $83,100,000

(b) PLANNING AND DESIGN.—Using amounts SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, appropriated pursuant to the authorization of HOUSING UNITS. ARMY. appropriations in section 2104(a)(5)(A), the Sec- Subject to section 2825 of title 10, United (a) IN GENERAL.—Funds are hereby author- retary of the Army may carry out architectural States Code, and using amounts appropriated ized to be appropriated for fiscal years begin- and engineering services and construction de- pursuant to the authorization of appropriations ning after September 30, 1998, for military con- sign activities with respect to the construction in section 2104(a)(5)(A), the Secretary of the struction, land acquisition, and military family or improvement of family housing units in an Army may improve existing military family housing functions of the Department of the amount not to exceed $6,350,000. housing units in an amount not to exceed Army in the total amount of $2,010,036,000 as $37,429,000. follows: May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3537 (1) For military construction projects inside section 2101(a) of the Military Construction Au- SEC. 2105. INCREASE IN FISCAL YEAR 1998 AU- the United States authorized by section 2101(a), thorization Act for Fiscal Year 1998, $9,000,000. THORIZATION FOR MILITARY CON- STRUCTION PROJECTS AT FORT $535,631,000. (b) LIMITATION ON TOTAL COST OF CONSTRUC- (2) For military construction projects outside DRUM, NEW YORK, AND FORT SILL, TION PROJECTS.—Notwithstanding the cost vari- OKLAHOMA. the United States authorized by section 2101(b), ations authorized by section 2853 of title 10, $87,076,000. (a) INCREASE.—The table in section 2101(a) of United States Code, and any other cost vari- the Military Construction Authorization Act for (3) For unspecified minor construction ation authorized by law, the total cost of all projects authorized by section 2805 of title 10, Fiscal Year 1998 (division B of Public Law 105– projects carried out under section 2101 of this 85; 111 Stat. 1967) is amended— United States Code, $5,000,000. Act may not exceed— (4) For architectural and engineering services (1) in the item relating to Fort Drum, New (1) the total amount authorized to be appro- and construction design under section 2807 of York, by striking out ‘‘$24,400,000’’ in the priated under paragraphs (1) and (2) of sub- title 10, United States Code, $63,792,000. amount column and inserting in lieu thereof (5) For military family housing functions: section (a); ‘‘$24,900,000’’; (A) For construction and acquisition, plan- (2) $16,000,000 (the balance of the amount au- (2) in the item relating to Fort Sill, Oklahoma, ning and design, and improvement of military thorized under section 2101(a) for the construc- by striking out ‘‘$25,000,000’’ in the amount col- family housing and facilities, $126,879,000. tion of a multipurpose digital training range at umn and inserting in lieu thereof ‘‘$28,500,000’’; (B) For support of military family housing Fort Knox, Kentucky); and (including the functions described in section (3) $15,000,000 (the balance of the amount au- (3) by striking out the amount identified as 2833 of title 10, United States Code), thorized under section 2101(a) for the construc- the total in the amount column and inserting in $1,097,697,000. tion of a railhead facility at Fort Hood, Texas); lieu thereof ‘‘$602,750,000’’. (6) For the Homeowners Assistance Program (4) $73,000,000 (the balance of the amount au- (b) CONFORMING AMENDMENT.—Section 2104 of as authorized by section 2832 of title 10, United thorized under section 2101(a) for the construc- that Act (111 Stat. 1968) is amended— States Code, $7,500,000. tion of a cadet development center at the United (1) in subsection (a)— (7) For the construction of the missile software States Military Academy, West Point, New (A) in the matter preceding paragraph (1), by engineering annex, phase II, Redstone Arsenal, York); and striking out ‘‘$2,010,466,000’’ and inserting in Alabama, authorized by section 2101(a) of the (5) $36,000,000 (the balance of the amount au- lieu thereof ‘‘$2,013,966,000’’; and Military Construction Authorization Act for thorized under section 2101(b) for the construc- (B) in paragraph (1), by striking out Fiscal Year 1998 (division B of Public Law 105– tion of a powerplant on Roi Namur Island at ‘‘$435,350,000’’ and inserting in lieu thereof 85; 111 Stat. 1966), $13,600,000. Kwajalein Atoll, Kwajalein). ‘‘$438,850,000’’; and (8) For the construction of a disciplinary bar- (c) ADJUSTMENTS.—The total amount author- (2) in subsection (b)(8), by striking out racks, phase II, Fort Leavenworth, Kansas, au- ized to be appropriated pursuant to paragraphs ‘‘$8,500,000’’ and inserting in lieu thereof thorized by section 2101(a) of the Military Con- (1) through (11) of subsection (a) is the sum of ‘‘$9,000,000’’. struction Authorization Act for Fiscal Year the amounts authorized to be appropriated in 1998, $29,000,000. TITLE XXII—NAVY (9) For the construction of the whole barracks such paragraphs, reduced by— SEC. 2201. AUTHORIZED NAVY CONSTRUCTION complex renewal, Fort Sill, Oklahoma, author- (1) $2,639,000, which represents the combina- AND LAND ACQUISITION PROJECTS. ized by section 2101(a) of the Military Construc- tion of project savings in military family hous- (a) INSIDE THE UNITED STATES.—Using tion Authorization Act for Fiscal Year 1998, ing construction resulting from favorable bids, amounts appropriated pursuant to the author- $20,500,000. reduced overhead costs, and cancellations due ization of appropriations in section 2204(a)(1), (10) For rail yard expansion at Fort Carson, to force structure changes; and the Secretary of the Navy may acquire real Colorado, authorized by section 2101(a) of the (2) $6,000,000, which represents the combina- property and carry out military construction Military Construction Authorization Act for tion of project savings in military construction projects for the installations and locations in- Fiscal Year 1998, $23,000,000. resulting from favorable bids, reduced overhead side the United States, and in the amounts, set (11) For the construction of an aerial gunnery costs, and cancellations due to force structure forth in the following table: range at Fort Drum, New York, authorized by changes. Navy: Inside the United States

State Installation or location Amount

Arizona ...... Marine Corps Air Station, Yuma ...... $11,010,000 Naval Observatory Detachment, Flagstaff ...... $990,000 California ...... Marine Corps Air Station, Miramar ...... $29,570,000 Marine Corps Base, Camp Pendleton ...... $40,430,000 Naval Air Station, Lemoore ...... $20,640,000 Naval Air Warfare Center Weapons Division, China Lake ...... $10,140,000 Naval Facility, San Clemente Island ...... $8,350,000 Naval Submarine Base, San Diego ...... $11,400,000 District of Columbia ...... Naval District, Washington ...... $790,000 Florida ...... Naval Air Station, Key West ...... $3,730,000 Naval Air Station, Jacksonville ...... $1,500,000 Naval Air Station, Whiting Field ...... $1,400,000 Naval Station, Mayport ...... $6,163,000 Georgia ...... Marine Corps Logistics Base, Albany ...... $2,800,000 Naval Submarine Base, Kings Bay ...... $2,550,000 Hawaii ...... Fleet and Industrial Supply Center, Pearl Harbor ...... $9,730,000 Marine Corps Air Station, Kaneohe Bay ...... $27,410,000 Naval Communications & Telecommunications Area Master Station Eastern Pa- cific, Wahiawa ...... $1,970,000 Naval Shipyard, Pearl Harbor ...... $11,400,000 Naval Station, Pearl Harbor ...... $18,180,000 Naval Submarine Base, Pearl Harbor ...... $8,060,000 Navy Public Works Center, Pearl Harbor ...... $28,967,000 Illinois ...... Naval Training Center, Great Lakes ...... $20,280,000 Indiana ...... Naval Surface Warfare Center, Crane ...... $11,110,000 Maryland ...... Naval Surface Warfare Center, Indian Head Division, Indian Head ...... $13,270,000 Mississippi ...... Naval Air Station, Meridian ...... $3,280,000 Naval Construction Battalion Center Gulfport ...... $10,670,000 North Carolina ...... Marine Corps Air Station, Cherry Point ...... $6,040,000 Marine Corps Base, Camp LeJeune ...... $14,600,000 Pennsylvania ...... Naval Surface Warfare Center Ship Systems Engineering Station, Philadelphia .... $2,410,000 Rhode Island ...... Naval Education and Training Center, Newport ...... $5,630,000 Naval Undersea Warfare Center Division, Newport ...... $9,140,000 South Carolina ...... Marine Corps Air Station, Beaufort ...... $1,770,000 Marine Corps Reserve Detachment Parris Island ...... $15,990,000 Naval Weapons Station, Charleston ...... $9,737,000 Texas ...... Naval Station, Ingleside ...... $12,200,000 Virginia ...... Fleet and Industrial Supply Center, Norfolk (Craney Island) ...... $1,770,000 Fleet Training Center, Norfolk ...... $5,700,000 H3538 CONGRESSIONAL RECORD — HOUSE May 20, 1998 Navy: Inside the United States—Continued

State Installation or location Amount

Naval Air Station, Oceana ...... $6,400,000 Naval Shipyard, Norfolk, Portsmouth ...... $6,180,000 Naval Station, Norfolk ...... $45,530,000 Naval Surface Warfare Center, Dahlgren ...... $15,680,000 Tactical Training Group Atlantic, Dam Neck ...... $2,430,000 Washington ...... Naval Shipyard, Puget Sound ...... $4,300,000 Strategic Weapons Facility Pacific, Bremerton ...... $2,750,000

Total ...... $484,047,000

(b) OUTSIDE THE UNITED STATES.—Using the Secretary of the Navy may acquire real side the United States, and in the amounts, set amounts appropriated pursuant to the author- property and carry out military construction forth in the following table: ization of appropriations in section 2204(a)(2), projects for the installations and locations out- Navy: Outside the United States

Country Installation or location Amount

Greece ...... Naval Support Activity, Souda Bay ...... $5,260,000 Guam ...... Naval Activities, Guam ...... $10,310,000 Italy ...... Naval Support Activity, Naples ...... $18,270,000 United Kingdom ...... Joint Maritime Communications Center, St. Mawgan ...... $2,010,000

Total ...... $35,850,000

SEC. 2202. FAMILY HOUSING. 2204(a)(5)(A), the Secretary of the Navy may for the purposes, and in the amounts set forth (a) CONSTRUCTION AND ACQUISITION.—Using construct or acquire family housing units (in- in the following table: amounts appropriated pursuant to the author- cluding land acquisition) at the installations, ization of appropriations in section Navy: Family Housing

State Installation or location Purpose Amount

California ...... Naval Air Station, Lemoore ...... 162 Units ...... $30,379,000 Hawaii ...... Navy Public Works Center, Pearl Harbor ...... 150 Units ...... $29,125,000

Total ...... $59,504,000

(b) PLANNING AND DESIGN.—Using amounts (3) For unspecified minor construction ing construction resulting from favorable bids, appropriated pursuant to the authorization of projects authorized by section 2805 of title 10, reduced overhead costs, and cancellations due appropriations in section 2204(a)(5)(A), the Sec- United States Code, $8,900,000. to force structure changes; and retary of the Navy may carry out architectural (4) For architectural and engineering services (2) $5,000,000 which represents the combina- and engineering services and construction de- and construction design under section 2807 of tion of project savings in military construction sign activities with respect to the construction title 10, United States Code, $60,346,000. resulting from favorable bids, reduced overhead or improvement of military family housing units (5) For military family housing functions: costs, and cancellations due to force structure (A) For construction and acquisition, plan- in an amount not to exceed $15,618,000. changes. ning and design, and improvement of military SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY family housing and facilities, $297,113,000. SEC. 2205. AUTHORIZATION TO ACCEPT ROAD HOUSING UNITS. (B) For support of military housing (including CONSTRUCTION PROJECT, MARINE Subject to section 2825 of title 10, United functions described in section 2833 of title 10, CORPS BASE, CAMP LEJEUNE, States Code, and using amounts appropriated United States Code), $915,293,000. NORTH CAROLINA. pursuant to the authorization of appropriations (b) LIMITATION ON TOTAL COST OF CONSTRUC- The Secretary of the Navy may accept from in section 2204(a)(5)(A), the Secretary of the TION PROJECTS.—Notwithstanding the cost vari- the State of North Carolina, a road construction Navy may improve existing military family ations authorized by section 2853 of title 10, project valued at approximately $2,000,000, housing units in an amount not to exceed United States Code, and any other cost vari- which is to be constructed at Marine Corps $221,991,000. ation authorized by law, the total cost of all Base, Camp Lejeune, North Carolina, in accord- SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, projects carried out under section 2201 of this ance with plans and specifications acceptable to NAVY. Act may not exceed— the Secretary of the Navy. (1) the total amount authorized to be appro- (a) IN GENERAL.—Funds are hereby author- TITLE XXIII—AIR FORCE ized to be appropriated for fiscal years begin- priated under paragraphs (1) and (2) of sub- section (a); and SEC. 2301. AUTHORIZED AIR FORCE CONSTRUC- ning after September 30, 1998, for military con- (2) $13,500,000 (the balance of the amount au- TION AND LAND ACQUISITION struction, land acquisition, and military family thorized under section 2202(a) for the construc- PROJECTS. housing functions of the Department of the tion of a berthing pier at Naval Station, Nor- (a) INSIDE THE UNITED STATES.—Using Navy in the total amount of $1,776,726,000 as folk, Virginia. amounts appropriated pursuant to the author- follows: (c) ADJUSTMENT.—The total amount author- ization of appropriations in section 2304(a)(1), (1) For military construction projects inside ized to be appropriated pursuant to paragraphs the Secretary of the Air Force may acquire real the United States authorized by section 2201(a), (1) through (5) of subsection (a) is the sum of property and carry out military construction $470,547,000. the amounts authorized to be appropriated in projects for the installations and locations in- (2) For military construction projects outside such paragraphs, reduced by— side the United States, and in the amounts, set the United States authorized by section 2201(b), (1) $6,323,000 which represents the combina- forth in the following table: $35,850,000. tion of project savings in military family hous- Air Force: Inside the United States

State Installation or location Amount

Alabama ...... Maxwell Air Force Base ...... $19,398,000 Alaska ...... Eielson Air Force Base ...... $4,352,000 Arizona ...... Luke Air Force Base ...... $3,400,000 California ...... Edwards Air Force Base ...... $10,361,000 Travis Air Force Base ...... $4,250,000 May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3539 Air Force: Inside the United States—Continued

State Installation or location Amount

Vandenberg Air Force Base ...... $18,709,000 Colorado ...... Falcon Air Force Station ...... $9,601,000 United States Air Force Academy ...... $4,413,000 District of Columbia ...... Bolling Air Force Base ...... $2,948,000 Florida ...... Eglin Air Force Base ...... $20,437,000 Eglin Auxiliary Field 9 ...... $3,837,000 MacDill Air Force Base ...... $9,808,000 Tyndall Air Force Base ...... $3,600,000 Georgia ...... Robins Air Force Base ...... $11,894,000 Hawaii ...... Hickam Air Force Base ...... $5,890,000 Idaho ...... Mountain Home Air Force Base ...... $16,397,000 Kansas ...... McConnell Air Force Base ...... $4,450,000 Maryland ...... Andrews Air Force Base ...... $4,448,000 Mississippi ...... Keesler Air Force Base ...... $35,526,000 Nevada ...... Indian Springs Air Force Auxiliary Air Field ...... $15,013,000 Nellis Air Force Base ...... $6,378,000 New Jersey ...... McGuire Air Force Base ...... $6,044,000 New Mexico ...... Holloman Air Force Base ...... $11,100,000 Kirtland Air Force Base ...... $1,774,000 North Carolina ...... Seymour Johnson Air Force Base ...... $6,100,000 North Dakota ...... Grand Forks Air Force Base ...... $2,686,000 Ohio ...... Wright-Patterson Air Force Base ...... $22,000,000 Oklahoma ...... Altus Air Force Base ...... $5,300,000 Tinker Air Force Base ...... $25,385,000 Vance Air Force Base ...... $6,223,000 South Carolina ...... Charleston Air Force Base ...... $24,330,000 South Dakota ...... Ellsworth Air Force Base ...... $6,500,000 Tennessee ...... Arnold Air Force Base ...... $11,600,000 Texas ...... Brooks Air Force Base ...... $7,000,000 Dyess Air Force Base ...... $3,350,000 Lackland Air Force Base ...... $14,930,000 Laughlin Air Force Base ...... $7,315,000 Randolph Air Force Base ...... $3,166,000 Washington ...... Fairchild Air Force Base ...... $13,820,000 McChord Air Force Base ...... $51,847,000

Total ...... $445,580,000

(b) OUTSIDE THE UNITED STATES.—Using the Secretary of the Air Force may acquire real side the United States, and in the amounts, set amounts appropriated pursuant to the author- property and carry out military construction forth in the following table: ization of appropriations in section 2304(a)(2), projects for the installations and locations out- Air Force: Outside the United States

Country Installation or location Amount

Germany ...... Spangdahlem Air Base ...... $13,967,000 Korea ...... Kunsan Air Base ...... $5,958,000 Osan Air Base ...... $7,496,000 Turkey ...... Incirlik Air Base ...... $2,949,000 United Kingdom ...... Royal Air Force, Lakenheath ...... $15,838,000 Royal Air Force, Mildenhall ...... $24,960,000

Total ...... $71,168,000

SEC. 2302. FAMILY HOUSING. 2304(a)(5)(A), the Secretary of the Air Force may for the purposes, and in the amounts set forth (a) CONSTRUCTION AND ACQUISITION.—Using construct or acquire family housing units (in- in the following table: amounts appropriated pursuant to the author- cluding land acquisition) at the installations, ization of appropriations in section Air Force: Family Housing

State Installation or location Purpose Amount

Alabama ...... Maxwell Air Force Base ...... 143 Units ...... $16,300,000 Alaska ...... Eielson Air Force Base ...... 46 Units ...... $12,932,000 California ...... Edwards Air Force Base ...... 48 Units ...... $12,580,000 Vandenberg Air Force Base ...... 95 Units ...... $18,499,000 Delaware ...... Dover Air Force Base ...... 55 Units ...... $8,998,000 Florida ...... MacDill Air Force Base ...... 48 Units ...... $7,609,000 Patrick Air Force Base ...... 46 Units ...... $9,692,000 Tyndall Air Force Base ...... 122 Units ...... $14,500,000 Nebraska ...... Offutt Air Force Base ...... Ancillary Facil- ity ...... $870,000 Offutt Air Force Base ...... Ancillary Facil- ity ...... $900,000 Offutt Air Force Base ...... 90 Units ...... $12,212,000 Nevada ...... Nellis Air Force Base ...... 60 Units ...... $10,550,000 New Mexico ...... Kirtland Air Force Base ...... 37 Units ...... $6,400,000 Ohio ...... Wright-Patterson Air Force Base ...... 40 Units ...... $5,600,000 Texas ...... Dyess Air Force Base ...... 64 Units ...... $9,415,000 Sheppard Air Force Base ...... 65 Units ...... $7,000,000 H3540 CONGRESSIONAL RECORD — HOUSE May 20, 1998 Air Force: Family Housing—Continued

State Installation or location Purpose Amount

Washington ...... Fairchild Air Force Base ...... Ancillary Facil- ity ...... $1,692,000 Fairchild Air Force Base ...... 14 Units ...... $2,300,000

Total ...... $158,049,000

(b) PLANNING AND DESIGN.—Using amounts (1) For military construction projects inside (c) ADJUSTMENT.—The total amount author- appropriated pursuant to the authorization of the United States authorized by section 2301(a), ized to be appropriated pursuant to paragraphs appropriations in section 2304(a)(5)(A), the Sec- $445,580,000. (1) through (5) of subsection (a) is the sum of retary of the Air Force may carry out architec- (2) For military construction projects outside the amounts authorized to be appropriated in tural and engineering services and construction the United States authorized by section 2301(b), such paragraphs, reduced by— design activities with respect to the construction $71,168,000. (1) $9,584,000 which represents the combina- or improvement of military family housing units (3) For unspecified minor construction tion of project savings in military family hous- in an amount not to exceed $11,342,000. projects authorized by section 2805 of title 10, ing construction resulting from favorable bids, United States Code, $7,135,000. reduced overhead costs, and cancellations due SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY (4) For architectural and engineering services to force structure changes; and HOUSING UNITS. and construction design under section 2807 of (2) $11,000,000 which represents the combina- Subject to section 2825 of title 10, United title 10, United States Code, $37,592,000. tion of project savings in military construction States Code, and using amounts appropriated (5) For military housing functions: resulting from favorable bids, reduced overhead pursuant to the authorization of appropriations (A) For construction and acquisition, plan- costs, and cancellations due to force structure in section 2304(a)(5)(A), the Secretary of the Air ning and design, and improvement of military changes. Force may improve existing military family family housing and facilities, $251,169,000. TITLE XXIV—DEFENSE AGENCIES housing units in an amount not to exceed (B) For support of military family housing SEC. 2401. AUTHORIZED DEFENSE AGENCIES $81,778,000. (including the functions described in section CONSTRUCTION AND LAND ACQUISI- 2833 of title 10, United States Code), $785,204,000. TION PROJECTS. SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, (b) LIMITATION ON TOTAL COST OF CONSTRUC- AIR FORCE. (a) INSIDE THE UNITED STATES.—Using TION PROJECTS.—Notwithstanding the cost vari- amounts appropriated pursuant to the author- (a) IN GENERAL.—Funds are hereby author- ations authorized by section 2853 of title 10, ization of appropriations in section 2404(a)(1), ized to be appropriated for fiscal years begin- United States Code, and any other cost vari- the Secretary of Defense may acquire real prop- ning after September 30, 1998, for military con- ation authorized by law, the total cost of all erty and carry out military construction projects struction, land acquisition, and military family projects carried out under section 2301 of this for the installations and locations inside the housing functions of the Department of the Air Act may not exceed the total amount authorized United States, and in the amounts, set forth in Force in the total amount of $1,577,264,000 as to be appropriated under paragraphs (1) and (2) the following table: follows: of subsection (a). Defense Agencies: Inside the United States

Agency Installation or location Amount

Chemical Demilitarization ...... Aberdeen Proving Ground, Maryland ...... $186,350,000 Newport Army Depot, Indiana ...... $191,550,000 Defense Logistics Agency ...... Defense Fuel Support Point, Fort Sill, Oklahoma ...... $3,500,000 Defense Fuel Support Point, Jacksonville Annex, Mayport, Florida ...... $11,020,000 Defense Fuel Support Point, Jacksonville, Florida ...... $11,000,000 Defense General Supply Center, Richmond (DLA), Virginia ...... $10,500,000 Defense Fuels Supply Center, Camp Shelby, Mississippi ...... $5,300,000 Defense Fuels Supply Center, Elmendorf Air Force Base, Alaska ...... $19,500,000 Defense Fuels Supply Center, Pope Air Force Base, North Carolina ...... $4,100,000 Various Locations ...... $1,300,000 Defense Medical Facilities Office ...... Barksdale Air Force Base, Louisiana ...... $3,450,000 Beale Air Force Base, California ...... $3,500,000 Carlisle Barracks, Pennsylvania ...... $4,678,000 Cheatham Annex, Virginia ...... $11,300,000 Edwards Air Force Base, California ...... $6,000,000 Elgin Air Force Base, Florida ...... $9,200,000 Fort Bragg, North Carolina ...... $6,500,000 Fort Hood, Texas ...... $14,100,000 Fort Stewart/Hunter Army Air Field, Georgia ...... $10,400,000 Grand Forks Air Force Base, North Dakota ...... $5,600,000 Holloman Air Force Base, New Mexico ...... $1,300,000 Keesler Air Force Base, Mississippi ...... $700,000 Marine Corps Air Station, Camp Pendleton, California...... $6,300,000 McChord Air Force Base, Washington ...... $20,000,000 Moody Air Force Base, Georgia ...... $11,000,000 Naval Air Station, Pensacola, Florida ...... $25,400,000 Naval Hospital, Bremerton, Washington ...... $28,000,000 Naval Hospital, Great Lakes, Illinois ...... $7,100,000 Naval Station, San Diego, California ...... $1,350,000 Naval Submarine Base, Bangor, Washington ...... $5,700,000 Travis Air Force Base, California ...... $1,700,000 Defense Education Activity ...... Marine Corps Base, Camp LeJeune, North Carolina ...... $16,900,000 United States Military Academy, West Point, New York ...... $2,840,000 National Security Agency ...... Fort Meade, Maryland ...... $668,000 Special Operations Command ...... Elgin Auxiliary Field 3, Florida ...... $7,310,000 Elgin Auxiliary Field 9, Florida ...... $2,400,000 Fort Campbell, Kentucky ...... $15,000,000 MacDill Air Force Base, Florida ...... $8,400,000 Naval Amphibious Base, Coronado, California ...... $3,600,000 Stennis Space Center, Mississippi ...... $5,500,000

Total ...... $690,016,000 May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3541

(b) OUTSIDE THE UNITED STATES.—Using the Secretary of Defense may acquire real prop- United States, and in the amounts, set forth in amounts appropriated pursuant to the author- erty and carry out military construction projects the following table: ization of appropriations in section 2404(a)(2), for the installations and locations outside the Defense Agencies: Outside the United States

Agency Installation or location Amount

Ballistic Missile Defense Organization ...... Kwajalein Atoll, Kwajalein ...... $4,600,000 Defense Logistics Agency ...... Lajes Field, Azores, Portugal ...... $7,700,000 Defense Medical Facilities Office ...... Naval Air Station, Sigonella, Italy ...... $5,300,000 Royal Air Force, Lakenheath, United Kingdom ...... $10,800,000 Defense Education Activity ...... Fort Buchanan, Puerto Rico ...... $8,805,000 Naval Activities, Guam ...... $13,100,000 Special Operations Command ...... Naval Station, Roosevelt Roads, Puerto Rico ...... $9,600,000

Total ...... $59,905,000

SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY and Realignment Act of 1990 (part A of title SEC. 2406. INCREASE IN FISCAL YEAR 1990 AU- HOUSING UNITS. XXIX of Public Law 101–510; 10 U.S.C. 2687 THORIZATION FOR MILITARY CON- Subject to section 2825 of title 10, United note), $1,730,704,000. STRUCTION PROJECT AT PORTS- MOUTH NAVAL HOSPITAL, VIRGINIA. States Code, and using amounts appropriated (11) For military family housing functions: pursuant to the authorization of appropriation (a) INCREASE.—The table in section 2401(a) of (A) For improvement of military family hous- the Military Construction Authorization Act for in section 2404(a)(11)(A), the Secretary of De- ing and facilities, $345,000. fense may improve existing military family hous- Fiscal Years 1990 and 1991 (division B of Public (B) For support of military housing (including ing units in an amount not to exceed $345,000. Law 100–189; 103 Stat. 1640) is amended in the functions described in section 2833 of title 10, SEC. 2403. ENERGY CONSERVATION PROJECTS. item relating to Portsmouth Naval Hospital, Vir- United States Code), $36,899,000 of which not ginia, by striking out ‘‘$330,000,000’’ and insert- Using amounts appropriated pursuant to the more than $31,139,000 may be obligated or ex- authorization of appropriations in section ing in lieu thereof ‘‘$351,354,000’’. pended for the leasing of military family hous- (b) CONFORMING AMENDMENT.—Section 2404(a)(9), the Secretary of Defense may carry ing units worldwide. 2405(b)(2) of that Act (103 Stat. 1642) is amended out energy conservation projects under section (C) For credit to the Department of Defense by striking out ‘‘$321,500,000’’ and inserting in 2865 of title 10, United States Code. Family Housing Improvement Fund established lieu thereof ‘‘$342,854,000’’. SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, by section 2883(a)(1) of title 10, United States DEFENSE AGENCIES. TITLE XXV—NORTH ATLANTIC TREATY Code, $7,000,000. (a) IN GENERAL.—Funds are hereby author- ORGANIZATION SECURITY INVESTMENT ized to be appropriated for fiscal years begin- (b) LIMITATION OF TOTAL COST OF CONSTRUC- PROGRAM ning after September 30, 1998, for military con- TION PROJECTS.—Notwithstanding the cost vari- SEC. 2501. AUTHORIZED NATO CONSTRUCTION struction, land acquisition, and military family ation authorized by section 2853 of title 10, AND LAND ACQUISITION PROJECTS. housing functions of the Department of Defense United States Code, and any other cost vari- The Secretary of Defense may make contribu- (other than the military departments), in the ations authorized by law, the total cost of all tions for the North Atlantic Treaty Organiza- total amount of $2,386,023,000 as follows: projects carried out under section 2401 of this tion Security Investment program as provided in (1) For military construction projects inside Act may not exceed— section 2806 of title 10, United States Code, in an the United States authorized by section 2401(a), (1) the total amount authorized to be appro- amount not to exceed the sum of the amount au- $369,966,000. priated under paragraphs (1) and (2) of sub- thorized to be appropriated for this purpose in (2) For military construction projects outside section (a); section 2502 and the amount collected from the the United States authorized by section 2401(a), (2) $162,050,000 (the balance of the amount au- North Atlantic Treaty Organization as a result $59,905,000. thorized under section 2401(a) for the construc- of construction previously financed by the (3) For construction of the Ammunition De- tion of the Ammunition Demilitarization Facil- United States. militarization Facility, Pine Bluff Arsenal, Ar- ity at Newport Army Depot, Indiana); and SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, kansas authorized by section 2401 of the Mili- (3) $158,000,000 (the balance of the amount au- NATO. tary Construction Authorization Act for Fiscal thorized under section 2401(a) for the construc- Funds are hereby authorized to be appro- Year 1995 (division B of Public Law 103–337; 108 tion of the Ammunition Demilitarization Facil- priated for fiscal years beginning after Septem- Stat. 3040), as amended by section 2407 of the ity at Aberdeen Proving Ground, Maryland). ber 30, 1998, for contributions by the Secretary Military Construction Authorization Act for (c) ADJUSTMENT.—The total amount author- of Defense under section 2806 of title 10, United Fiscal Year 1996 (division B of Public Law 104– ized to be appropriated pursuant to paragraphs States Code, for the share of the United States 106; 110 Stat. 539), section 2408 of the Military (1) through (11) of subsection (a) is the sum of of the cost of projects for the North Atlantic Construction Authorization Act for Fiscal Year the amounts authorized to be appropriated in Treaty Organization Security Investment pro- 1998 (division B of Public Law 105–85; 111 Stat. such paragraphs, reduced by $12,000,000, which gram authorized by section 2501, in the amount 1982), and section 2405 of this Act, $16,500,000. represents the combination of project savings in of $169,000,000. (4) For construction of the Ammunition De- military construction resulting from favorable TITLE XXVI—GUARD AND RESERVE militarization Facility, Umatilla Army Depot, bids, reduced overhead costs, and cancellations FORCES FACILITIES Oregon, authorized by section 2401 of the Mili- due to force structure changes. SEC. 2601. AUTHORIZED GUARD AND RESERVE tary Construction Authorization Act for Fiscal CONSTRUCTION AND LAND ACQUISI- Year 1995, as amended by section 2407 of the SEC. 2405. INCREASE IN FISCAL YEAR 1995 AU- THORIZATION FOR MILITARY CON- TION PROJECTS. Military Construction Authorization Act for STRUCTION PROJECTS AT PINE (a) AUTHORIZATION OF APPROPRIATIONS.— Fiscal Year 1996, section 2408 of the Military BLUFF ARSENAL, ARKANSAS, AND There are authorized to be appropriated for fis- Construction Authorization Act for Fiscal Year UMATILLA ARMY DEPOT, OREGON. cal years beginning after September 30, 1998, for 1998, and section 2405 of this Act, $50,950,000. The table in section 2401 of the Military Con- the costs of acquisition, architectural and engi- (5) For military construction projects at Ports- struction Authorization Act for Fiscal Year 1995 neering services, and construction of facilities mouth Naval Hospital, Virginia, hospital re- (division B of Public Law 103–337; 108 Stat. for the Guard and Reserve Forces, and for con- placement, authorized by section 2401(a) of the 3040), as amended by section 2407 of the Military tributions therefor, under chapter 1803 of title Military Construction Authorization Act for Construction Authorization Act for Fiscal Year 10, United States Code (including the cost of ac- Fiscal Years 1990 and 1991 (division B of Public 1996 (division B of Public Law 104–106; 110 Stat. quisition of land for those facilities), the follow- Law 101–189; 106 Stat. 1640), as amended by sec- 539) and section 2408 of the Military Construc- ing amounts: tion 2406 of this Act, $17,954,000. tion Authorization Act for Fiscal Year 1998 (di- (1) For the Department of the Army— (6) For unspecified minor construction vision B of Public Law 105–85; 111 Stat. 1982), (A) for the Army National Guard of the projects under section 2805 of title 10, United under the agency heading relating to Chemical United States, $70,338,000; and States Code, $16,094,000. Weapons and Munitions Destruction, is amend- (B) for the Army Reserve, $84,608,000. (7) For contingency construction projects of (2) For the Department of the Navy, for the ed— the Secretary of Defense under section 2804 of Naval and Marine Corps Reserve, $33,721,000. title 10, United States Code, $4,890,000. (1) in the item relating to Pine Bluff Arsenal, (3) For the Department of the Air Force— (8) For architectural and engineering services Arkansas, by striking out $134,000,000’’ in the (A) for the Air National Guard of the United and construction design under section 2807 of amount column and inserting in lieu thereof States, $97,701,000; and title 10, United States Code, $39,866,000. ‘‘$154,400,000’’; and (B) for the Air Force Reserve, $35,371,000. (9) For energy conservation projects author- (2) in the item relating to Umatilla Army (b) ADJUSTMENT.—(1) The amount authorized ized by section 2404, $46,950,000. Depot, Oregon, by striking out ‘‘$187,000,000’’ in to be appropriated pursuant to subsection (10) For base closure and realignment activi- the amount column and inserting in lieu thereof (a)(1)(A) is reduced by $2,000,000, which rep- ties as authorized by the Defense Base Closure ‘‘$193,377,000’’. resents the combination of project savings in H3542 CONGRESSIONAL RECORD — HOUSE May 20, 1998 military construction resulting from favorable thorization Act for Fiscal Year 1998 (division B North Atlantic Treaty Organization Security In- bids, reduced overhead costs, and cancellations of Public Law 105–85; 111 Stat. 1983) is repealed. vestment program (and authorizations of appro- due to force structure changes. (2) Section 2601(a)(1)(B) of such Act is amend- priations therefor), for which appropriated (2) The amount authorized to be appropriated ed by striking out ‘‘$66,267,000’’ and inserting in funds have been obligated before the later of— pursuant to subsection (a)(3)(A) is reduced by lieu thereof ‘‘$53,553,000’’. (1) October 1, 2001; or $4,000,000, which represents the combination of TITLE XXVII—EXPIRATION AND (2) the date of enactment of an Act authoriz- project savings in military construction result- EXTENSION OF AUTHORIZATIONS ing funds for fiscal year 2002 for military con- ing from favorable bids, reduced overhead costs, SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND struction projects, land acquisition, family and cancellations due to force structure AMOUNTS REQUIRED TO BE SPECI- housing projects and facilities, or contributions changes. FIED BY LAW. to the North Atlantic Treaty Organization Secu- (a) EXPIRATION OF AUTHORIZATIONS AFTER rity Investment program. SEC. 2602. ARMY RESERVE CONSTRUCTION PROJECT, SALT LAKE CITY, UTAH. THREE YEARS.—Except as provided in subsection SEC. 2702. EXTENSION OF AUTHORIZATIONS OF (b), all authorizations contained in titles XXI CERTAIN FISCAL YEAR 1996 (a) COST SHARE REQUIREMENT.—With regard through XXVI for military construction PROJECTS. to the military construction project for the Army projects, land acquisition, family housing (a) EXTENSIONS.—Notwithstanding section Reserve concerning construction of a reserve projects and facilities, and contributions to the 2701 of the Military Construction Authorization center and organizational maintenance shop at North Atlantic Treaty Organization Security In- Act for Fiscal Year 1996 (division B of Public an appropriate site in, or in the vicinity of, Salt vestment program (and authorizations of appro- Law 104–106; 110 Stat. 541), authorizations for Lake City, Utah, to be carried out using funds priations therefor) shall expire on the later of— the projects set forth in the tables in subsection appropriated pursuant to the authorization of (1) October 1, 2001; or (b), as provided in sections 2201, 2302, or 2601 of appropriations in section 2601(a)(1)(B), the Sec- (2) the date of enactment of an Act authoriz- that Act, shall remain in effect until October 1, retary of the Army shall enter into an agree- ing funds for military construction for fiscal 1999, or the date of enactment of an Act author- ment with the State of Utah under which the year 2002. izing funds for military construction for fiscal State agrees to provide financial or in-kind con- (b) EXCEPTION.—Subsection (a) shall not year 2000, whichever is later. tributions in connection with the project. apply to authorizations for military construc- (b) TABLES.—The tables referred to in sub- (b) REPEAL OF SUPERSEDED AUTHORITY.—(1) tion projects, land acquisition, family housing section (a) are as follows: Section 2603 of the Military Construction Au- projects and facilities, and contributions to the Navy: Extension of 1996 Project Authorization

State Installation or location Project Amount

Puerto Rico ...... Naval Station Roosevelt Roads ...... Housing Office .. $710,000

Air Force: Extension of 1996 Project Authorization

State Installation or location Project Amount

Texas ...... Lackland Air Force Base ...... Family Housing (67 units) ...... $6,200,000

Army National Guard: Extension of 1996 Project Authorization

State Installation or location Project Amount

Mississippi ...... Camp Shelby ...... Multipurpose Range Com- plex (Phase I) $5,000,000

SEC. 2703. EXTENSION OF AUTHORIZATION the project set forth in the table in subsection the date of enactment of an Act authorizing OF FISCAL YEAR 1995 PROJECT. (b), as provided in section 2201 of that Act and funds for military construction for fiscal year (a) EXTENSION.—Notwithstanding section 2701 extended by section 2702 of the Military Con- 2000, whichever is later. of the Military Construction Authorization Act struction Authorization Act for Fiscal Year 1998 (b) TABLE.—The table referred to in subsection for Fiscal Year 1995 (division B of Public Law (division B of Public Law 105–85; 111 Stat. 1985), (a) is as follows: 103–337; 108 Stat. 3046), the authorization for shall remain in effect until October 1, 1999, or Navy: Extension of 1995 Project Authorization

State Installation or location Project Amount

Maryland ...... Indian Head Naval Surface Warfare Center ...... Denitrification/ Acid Mixing Facility ...... $6,400,000

SEC. 2704. EFFECTIVE DATE. Subtitle B—Real Property and Facilities judgment of the Secretary to restore the land Titles XXI, XXII, XXIII, XXIV, XXV, and Administration used by the agency to the condition the land XXVI shall take effect on the later of— SEC. 2811. RESTORATION OF DEPARTMENT OF was in before its use by the agency. In lieu of (1) October 1, 1998; or DEFENSE LANDS USED BY ANOTHER performing the work itself, the Federal agency (2) the date of enactment of this Act. FEDERAL AGENCY. may elect, with the consent of the Secretary, to TITLE XXVIII—GENERAL PROVISIONS (a) INCLUSION OF RESTORATION AS CONTRACT reimburse the Secretary for the costs incurred by Subtitle A—Military Construction Program TERM.—Section 2691 of title 10, United States the military department to perform the removal and Military Family Housing Changes Code, is amended by adding at the end the fol- and restoration work.’’. lowing new subsection: (b) CLERICAL AMENDMENTS.—(1) The heading SEC. 2801. DEFINITION OF ANCILLARY SUPPORT- of such section is amended to read as follows: ING FACILITIES UNDER THE ALTER- ‘‘(c) As a condition of any lease, permit, li- NATIVE AUTHORITY FOR ACQUISI- cense, or other grant of access entered into by ‘‘§ 2691. Restoration of land used by permit or TION AND IMPROVEMENT OF MILI- the Secretary of a military department with an- lease’’. TARY HOUSING. other Federal agency authorizing the other (2) The table of sections at the beginning of Section 2871(1) of title 10, United States Code, agency to use lands under the control of the chapter 159 of title 10, United States Code, is is amended by inserting after ‘‘including’’ the Secretary, the Secretary may require the other amended by striking the item relating to section following: ‘‘facilities to provide or support ele- agency to agree to remove any improvements 2691 and inserting in lieu thereof the following mentary or secondary education,’’. and to take any other action necessary in the new item: May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3543 ‘‘2691. Restoration of land used by permit or does not adversely affect the national security determined by a survey satisfactory to the Sec- lease.’’. of the United States. retary. The cost of the survey shall be borne by SEC. 2812. OUTDOOR RECREATION DEVELOP- (b) LIST OF LIKELY SYSTEMS FOR CONVEY- the City. MENT ON MILITARY INSTALLATIONS ANCE.—The report submitted by the Secretary of (c) ADDITIONAL TERMS AND CONDITIONS.—The FOR DISABLED VETERANS, MILITARY a military department under subsection (a) shall Secretary may require such additional terms DEPENDENTS WITH DISABILITIES, also contain a list of the utility systems, includ- and conditions in connection with the convey- AND OTHER PERSONS WITH DISABIL- ing the locations of the utility systems, that, as ance under subsection (a) as the Secretary con- ITIES. of the date of the submission of the report, the siders appropriate to protect the interests of the (a) ACCESS ENHANCEMENT.—Section 103 of the Secretary considers are likely to be conveyed United States. Sikes Act (16 U.S.C. 670c) is amended by adding under the authority of section 2688 of title 10, SEC. 2833. LAND CONVEYANCE, ARMY RESERVE at the end the following new subsections: United States Code. CENTER, JAMESTOWN, OHIO. ‘‘(b) ACCESS FOR DISABLED VETERANS, MILI- (a) CONVEYANCE AUTHORIZED.—The Secretary TARY DEPENDENTS WITH DISABILITIES, AND Subtitle C—Defense Base Closure and Realignment of the Army may convey, without consideration, OTHER PERSONS WITH DISABILITIES.—(1) In de- to the Greeneview Local School District of veloping facilities and conducting programs for SEC. 2821. PAYMENT OF STIPULATED PENALTIES Jamestown, Ohio, all right, title, and interest of public outdoor recreation at military installa- ASSESSED UNDER THE COMPREHEN- SIVE ENVIRONMENTAL RESPONSE, the United States in and to a parcel of excess tions, consistent with the primary military mis- Federal real property, including improvements sion of the installations, the Secretary of De- COMPENSATION, AND LIABILITY ACT OF 1980 IN CONNECTION WITH thereon, that is located at 5693 Plymouth Road fense shall ensure, to the maximum extent prac- MCCLELLAN AIR FORCE BASE, CALI- in Jamestown, Ohio, and contains an Army Re- ticable, that outdoor recreation opportunities FORNIA. serve Center. (including fishing, hunting, trapping, wildlife (a) SOURCE OF PAYMENT.—Notwithstanding (b) PURPOSE OF CONVEYANCE.—The purpose of viewing, boating, and camping) made available subsection (b) of section 2906(a) of the Defense the conveyance under subsection (a) is to permit to the public also provide equal access for per- Base Closure and Realignment Act of 1990 (part the Greeneview Local School District to retain sons described in paragraph (2) when topo- A of Title XXIX of Public Law 101–510; 10 and use the conveyed property for the benefit of graphic, vegetative, and water resources allow U.S.C. 2687 note), the Secretary of Defense may the students of Greeneview schools. equal access without substantial modification to use amounts in the Department of Defense Base (c) DESCRIPTION OF PROPERTY.—The exact the natural environment. Closure Account 1990 established under sub- acreage and legal description of the real prop- ‘‘(2) Persons referred to in paragraph (1) are section (a) of such section to pay stipulated pen- erty to be conveyed under subsection (a) shall be disabled veterans, military dependents with dis- alties assessed under the Comprehensive Envi- determined by a survey satisfactory to the Sec- abilities, and other persons with disabilities. ronmental Response Compensation and Liability retary. The cost of the survey shall be borne by ‘‘(3) The Secretary of Defense shall carry out Act (42 U.S.C. 9601 et seq.) against McClellan the Greeneview Local School District. this subsection in consultation with the Sec- Air Force Base, California. (d) ADDITIONAL TERMS AND CONDITIONS.—The retary of Veterans Affairs, national service, (b) AMOUNT OF PAYMENT.—The amount ex- Secretary may require such additional terms military, and veterans organizations, and sport- pended under the authority of subsection (a) and conditions in connection with the convey- ing organizations in the private sector that par- may not exceed $15,000. ance under subsection (a) as the Secretary con- ticipate in outdoor recreation projects for per- SEC. 2822. ELIMINATION OF WAIVER AUTHORITY siders appropriate to protect the interests of the sons described in paragraph (2). REGARDING PROHIBITION AGAINST United States. ‘‘(c) ACCEPTANCE OF DONATIONS.—In connec- CERTAIN CONVEYANCES OF PROP- SEC. 2834. LAND CONVEYANCE, STEWART ARMY tion with the facilities and programs for public ERTY AT NAVAL STATION, LONG SUB-POST, NEW WINDSOR, NEW outdoor recreation at military installations, in BEACH, CALIFORNIA. YORK. particular the requirement under subsection (b) Section 2826 of the Military Construction Au- (a) CONVEYANCE AUTHORIZED.—The Secretary to provide equal access for persons described in thorization Act for Fiscal Year 1998 (division B of the Army may convey, without consideration, paragraph (2) of such subsection, the Secretary of Public Law 105–85; 111 Stat. 2001) is amended to the Town of New Windsor, New York (in this of Defense may accept— by striking out subsection (e). section referred to as the ‘‘Town’’), all right, ‘‘(1) the voluntary services of individuals and Subtitle D—Land Conveyances title, and interest of the United States in and to organizations; and PART I—ARMY CONVEYANCES a parcel of real property, including any im- ‘‘(2) donations of money or property, whether provements thereon, consisting of approximately real, personal, mixed, tangible, or intangible. SEC. 2831. LAND CONVEYANCE, ARMY RESERVE 291 acres at the Stewart Army Sub-Post in New CENTER, MASSENA, NEW YORK. ‘‘(d) TREATMENT OF VOLUNTEERS.—A volun- Windsor, New York. (a) CONVEYANCE AUTHORIZED.—The Secretary teer under subsection (c) shall not be considered (b) EXCLUSION.—The real property to be con- to be a Federal employee and shall not be sub- of the Army may convey, without consideration, veyed under subsection (a) does not include any ject to the provisions of law relating to Federal to the Village of Massena, New York (in this portion of the approximately 89.2-acre parcel at employment, including those relating to hours of section referred to as the ‘‘Village’’), all right, Stewart Army Sub-Post that is proposed for work, rates of compensation, leave, unemploy- title, and interest of the United States in and to transfer to the jurisdiction and control of the ment compensation, and Federal employee bene- a parcel of real property (including improve- Marine Corps or the approximately 22-acre par- fits, except that— ments thereon) consisting of the Army Reserve cel at Stewart Army Sub-Post that is proposed ‘‘(1) for the purposes of the tort claims provi- Center in Massena, New York, for the purpose for transfer to the jurisdiction and control of the sions of chapter 171 of title 28, United States of permitting the Village to develop the parcel Army Reserve. Code, the volunteer shall be considered to be a for public benefit, including the development of (c) DESCRIPTION OF PROPERTY.—The exact Federal employee; and municipal office space. acreage and legal description of the real prop- ‘‘(2) for the purposes of subchapter I of chap- (b) DESCRIPTION OF PROPERTY.—The exact erty to be conveyed under subsection (a) shall be ter 81 of title 5, United States Code, relating to acreage and legal description of the real prop- determined by a survey satisfactory to the Sec- compensation to Federal employees for work in- erty to be conveyed under subsection (a) shall be retary. The cost of the survey shall be borne by juries, the volunteer shall be considered to be an determined by a survey satisfactory to the Sec- the Town. employee, as defined in section 8101(1)(B) of title retary. The cost of the survey shall be borne by (d) ADDITIONAL TERMS AND CONDITIONS.—The 5, United States Code, and the provisions of the Village. Secretary may require such additional terms such subchapter shall apply.’’. (c) ADDITIONAL TERMS AND CONDITIONS.—The and conditions in connection with the convey- (b) CONFORMING AMENDMENT.—Such section Secretary may require such additional terms ance under subsection (a) as the Secretary con- is further amended by striking out ‘‘SEC. 103.’’ and conditions in connection with the convey- siders appropriate to protect the interests of the and inserting in lieu thereof the following: ance under subsection (a) as the Secretary con- United States. ‘‘SEC. 103. PROGRAM FOR PUBLIC OUTDOOR siders appropriate to protect the interests of the SEC. 2835. LAND CONVEYANCE, INDIANA ARMY RECREATION. United States. AMMUNITION PLANT, CHARLES- ‘‘(a) PROGRAM AUTHORIZED.—’’. SEC. 2832. LAND CONVEYANCE, ARMY RESERVE TOWN, INDIANA. SEC. 2813. REPORT ON USE OF UTILITY SYSTEM CENTER, OGDENSBURG, NEW YORK. (a) CONVEYANCE AUTHORIZED.—The Secretary CONVEYANCE AUTHORITY. (a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may convey to the Indiana Army (a) REPORT REQUIRED.—Not later than March of the Army may convey, without consideration, Ammunition Plant Reuse Authority (in this sec- 1, 1999, the Secretary of each military depart- to the City of Ogdensburg, New York (in this tion referred to as the ‘‘Reuse Authority’’) all ment shall submit to Congress a report contain- section referred to as the ‘‘City’’), all right, title, right, title, and interest of the United States in ing— and interest of the United States in and to a and to a parcel of real property, including im- (1) the criteria to be used by the Secretary to parcel of real property (including improvements provements thereon, consisting of approximately select utility systems, and related real property, thereon) consisting of the Army Reserve Center 4660 acres located at the Indiana Army Ammu- under the jurisdiction of the Secretary for con- in Ogdensburg, New York, for the purpose of nition Plant, Charlestown, Indiana, for the pur- veyance to a municipal, private, regional, dis- permitting the City to develop the parcel for pose of developing the parcel as an industrial trict, or cooperative utility company or other en- public benefit, including the development of mu- park to replace all or part of the economic activ- tity under the authority of section 2688 of title nicipal office space. ity lost at the inactivated plant. 10, United States Code; and (b) DESCRIPTION OF PROPERTY.—The exact (b) CONSIDERATION.—Except as provided in (2) a description of the manner in which the acreage and legal description of the real prop- subsection (d), as consideration for the convey- Secretary will ensure that any such conveyance erty to be conveyed under subsection (a) shall be ance under subsection (a), the Reuse Authority H3544 CONGRESSIONAL RECORD — HOUSE May 20, 1998 shall pay to the Secretary an amount equal to ‘‘County’’), all right, title, and interest of the Alabama Space Science Exhibit Commission, an the fair market value of the conveyed property United States in and to a parcel of real prop- agency of the State of Alabama. The release as of the time of the conveyance, determined by erty, including improvements thereon, consisting shall be executed in the manner provided in this the Secretary in accordance with Federal ap- of approximately 1033 acres located at the Vol- section. praisal standards and procedures. unteer Army Ammunition Plant, Chattanooga, (b) DESCRIPTION OF PROPERTY.—The real (c) TIME FOR PAYMENT.—The consideration Tennessee, for the purpose of developing the property referred to in this section is the real required under subsection (b) shall be paid by parcel as an industrial park to replace all or property conveyed to the Alabama Space the Reuse Authority at the end of the 10-year part of the economic activity lost at the inac- Science Exhibit Commission under the authority period beginning on the date on which the con- tivated plant. of the following provisions of law: veyance under subsection (a) is completed. (b) CONSIDERATION.—Except as provided in (1) The first section of Public Law 90–276 (82 (d) EFFECT OF RECONVEYANCE OR LEASE.—(1) subsection (d), as consideration for the convey- Stat. 68). If, during the 10-year period specified in sub- ance under subsection (a), the County shall pay (2) Section 813 of the Military Construction section (c), the Reuse Authority reconveys all or to the Secretary an amount equal to the fair Authorization Act, 1980 (Public Law 96–125; 93 any part of the property conveyed under sub- market value of the conveyed property as of the Stat. 952). section (a), the Reuse Authority shall pay to the time of the conveyance, determined by the Sec- (3) Section 813 of the Military Construction United States an amount equal to the fair mar- retary in accordance with Federal appraisal Authorization Act, 1984 (Public Law 98–115; 97 ket value of the reconveyed property as of the standards and procedures. Stat. 790). time of the reconveyance, excluding the value of (c) TIME FOR PAYMENT.—The consideration (c) RELEASE, WAIVER, OR CONVEYANCE OF any improvements made to the property by the required under subsection (b) shall be paid by OTHER RIGHTS, TERMS, AND CONDITIONS.—As Reuse Authority, determined by the Secretary in the County at the end of the 10-year period be- part of the release under subsection (a), the Sec- accordance with Federal appraisal standards ginning on the date on which the conveyance retary may release, waive, or convey, without and procedures. under subsection (a) is completed. consideration and to such extent as the Sec- (2) The Secretary may treat a lease of the (d) EFFECT OF RECONVEYANCE OR LEASE.—(1) retary considers appropriate to protect the inter- property within such 10-year period as a re- If, during the 10-year period specified in sub- ests of the United States— conveyance if the Secretary determines that the section (c), the County reconveys all or any part (1) any and all other rights retained by the lease is being used to avoid application of para- of the property conveyed under subsection (a), United States in and to the real property de- graph (1). the County shall pay to the United States an scribed in subsection (b) when the property was (e) DEPOSIT OF PROCEEDS.—The Secretary amount equal to the fair market value of the re- conveyed to the Alabama Space Science Exhibit shall deposit any proceeds received under sub- conveyed property as of the time of the re- Commission; and section (b) or (d) in the special account estab- conveyance, excluding the value of any im- (2) any and all terms and conditions and re- lished pursuant to section 204(h)(2) of the Fed- provements made to the property by the County, strictions on the use of the real property im- eral Property and Administrative Services Act of determined by the Secretary in accordance with posed as part of the conveyances described in 1949 (40 U.S.C. 485(h)(2)). Federal appraisal standards and procedures. subsection (b). (f) ADMINISTRATIVE EXPENSES.—In connection (2) The Secretary may treat a lease of the (d) CONDITIONS ON RELEASE, WAIVER, OR CON- with the conveyance under subsection (a), the property within such 10-year period as a re- VEYANCE.—(1) The Secretary may execute the re- Secretary may accept amounts provided by the conveyance if the Secretary determines that the lease under subsection (a) or a release, waiver, Reuse Authority or other persons to cover ad- lease is being used to avoid application of para- or conveyance under subsection (c) only after— ministrative expenses incurred by the Secretary graph (1). (A) the Secretary approves of the master plan in making the conveyance. Amounts received (e) DEPOSIT OF PROCEEDS.—The Secretary prepared by the Alabama Space Science Exhibit under this subsection for administrative ex- shall deposit any proceeds received under sub- Commission, as such plan may exist or be re- penses shall be credited to the appropriation, section (b) or (d) in the special account estab- vised from time to time, for development of the fund, or account from which the expenses were lished pursuant to section 204(h)(2) of the Fed- real property described in subsection (b); and paid and shall be available, to the extent pro- eral Property and Administrative Services Act of (2) the installation commander at Redstone vided in appropriation Acts, for the same pur- 1949 (40 U.S.C. 485(h)(2)). Arsenal, Alabama, certifies to the Secretary that poses and subject to the same limitations as (f) EFFECT ON EXISTING LEASES.—The convey- the release, waiver, or conveyance is consistent other funds in such appropriation, fund, or ac- ance of the real property under subsection (a) with the master plan. count. shall not affect the terms or length of any con- (2) A new facility or structure may not be con- (g) DESCRIPTION OF PROPERTY.—The property tract entered into by the Secretary before the structed on the real property described in sub- to be conveyed under subsection (a) includes the date of the enactment of this Act with regard to section (b) unless the facility or structure is in- administrative area of the Indiana Army Ammu- the property to be conveyed. cluded in the master plan, which has been ap- nition Plant as well as open space in the south- (g) ADMINISTRATIVE EXPENSES.—In connection proved and certified as provided in paragraph ern end of the plant. The exact acreage and with the conveyance under subsection (a), the (1). legal description of the property to be conveyed Secretary may accept amounts provided by the (e) INSTRUMENT OF RELEASE, WAIVER, OR CON- shall be determined by a survey satisfactory to County or other persons to cover administrative VEYANCE.—In making a release, waiver, or con- the Secretary. The cost of the survey shall be expenses incurred by the Secretary in making veyance authorized by this section, the Sec- borne by the Reuse Authority. the conveyance. Amounts received under this retary shall execute and file in the appropriate (h) ADDITIONAL TERMS AND CONDITIONS.—The subsection for administrative expenses shall be office or offices a deed of release, amended deed, Secretary may require such additional terms credited to the appropriation, fund, or account or other appropriate instrument effectuating the and conditions in connection with the convey- from which the expenses were paid and shall be release, waiver, or conveyance. ance under subsection (a) as the Secretary con- available, to the extent provided in appropria- (f) EFFECT OF RELEASE.—Except as provided siders appropriate to protect the interests of the tion Acts, for the same purposes and subject to in subsection (g), upon release of any reversion- United States. the same limitations as other funds in such ap- ary interest under this section, the right, title (i) ADDITIONAL CONVEYANCE FOR REC- propriation, fund, or account. and interest of the Alabama Space Science Ex- REATIONAL PURPOSES.—Section 2858(a) of the (h) DESCRIPTION OF PROPERTY.—The exact hibit Commission in and to the real property de- National Defense Authorization Act for Fiscal acreage and legal description of the property to scribed in subsection (b) shall, to the extent of Year 1996 (Public Law 104–106; 110 Stat. 571), as be conveyed under subsection (a) shall be deter- the release, no longer be subject to the condi- amended by section 2838 of the National Defense mined by a survey satisfactory to the Secretary. tions prescribed in the provisions of law speci- Authorization Act for Fiscal Year 1998 (Public The cost of the survey shall be borne by the fied in such subsection. Except as provided in Law 105–85; 111 Stat. 2006), is further amended County. subsection (g), the Alabama Space Science Ex- by adding at the end the following new para- (i) ADDITIONAL TERMS AND CONDITIONS.—The hibit Commission may use the real property for graph: Secretary may require such additional terms any such purpose or purposes as it considers ap- ‘‘(3) The Secretary may also convey to the and conditions in connection with the convey- propriate consistent with the master plan ap- State, without consideration, another parcel of ance under subsection (a) as the Secretary con- proved and certified as provided in subsection real property at the Indiana Army Ammunition siders appropriate to protect the interests of the (d), and the real property may be conveyed by Plant consisting of approximately 2,000 acres of United States. the Alabama Space Science Exhibit Commission without restriction and unencumbered by any additional riverfront property in order to con- SEC. 2837. RELEASE OF REVERSIONARY INTEREST nect the parcel conveyed under paragraph (2) OF UNITED STATES IN FORMER RED- claims or rights of the United States with re- with the parcels of Charlestown State Park con- STONE ARMY ARSENAL PROPERTY spect to the property, subject to such rights, veyed to the State under paragraph (1) and title CONVEYED TO ALABAMA SPACE terms, and conditions of the United States pre- II of the Defense Authorization Amendments SCIENCE EXHIBIT COMMISSION. viously imposed on the real property and not and Base Closure and Realignment Act (Public (a) RELEASE AUTHORIZED.—The Secretary of conveyed or released by the Secretary under Law 100–526; 10 U.S.C. 2687 note).’’. the Army may release, without consideration subsection (c). SEC. 2836. LAND CONVEYANCE, VOLUNTEER ARMY and to such extent as the Secretary considers (g) EXCEPTIONS.—(1) Conveyance of the drain- AMMUNITION PLANT, CHAT- appropriate to protect the interests of the United age and utility easement reserved to the United TANOOGA, TENNESSEE. States, the reversionary interests of the United States pursuant to section 813(b)(3) of the Mili- (a) CONVEYANCE AUTHORIZED.—The Secretary States in the real property described in sub- tary Construction Authorization Act, 1984 (Pub- of the Army may convey to Hamilton County, section (b), which were retained by the United lic Law 98–115; 97 Stat. 791), is not authorized Tennessee (in this section referred to as the States when the property was conveyed to the under this section. May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3545 (2) In no event may title to any portion of the (B) design and construct the facilities on such SEC. 2863. EXPANSION OF ARLINGTON NATIONAL real property described in subsection (b) be con- parcel of real property under the jurisdiction of CEMETERY. veyed by the Alabama Space Science Exhibit the Secretary as the Secretary shall specify. (a) LAND TRANSFER, NAVY ANNEX, ARLINGTON, Commission or any future deed holder of the (3) The Secretary shall select the form in VIRGINIA.— real property to any person other than an agen- which the consideration under paragraph (2) (1) IN GENERAL.—The Secretary of Defense cy, instrumentality, political subdivision, mu- will be provided. shall provide for the transfer to the Secretary of nicipal corporation, or public corporation of the (d) DESCRIPTION OF PROPERTY.—The exact the Army of administrative jurisdiction over the State of Alabama, and the land use of such con- acreage and legal description of the real prop- following parcels of land situated in Arlington, veyed property may not be changed without the erty to be conveyed under subsection (a), and of Virginia: approval of the Secretary. the real property, if any, to be conveyed under (A) Certain lands which comprise approxi- PART II—NAVY CONVEYANCES subsection (c), shall be determined by surveys mately 26 acres bounded by Columbia Pike to satisfactory to the Secretary. The cost of the the south and east, Oak Street to the west, and SEC. 2841. EASEMENT, MARINE CORPS BASE, surveys shall be borne by the Corporation. CAMP PENDLETON, CALIFORNIA. the boundary wall of Arlington National Ceme- (e) ADDITIONAL TERMS AND CONDITIONS.—The (a) EASEMENT AUTHORIZED.—The Secretary of tery to the north including Southgate Road. Secretary may require such additional terms the Navy may grant an easement, in perpetuity, (B) Certain lands which comprise approxi- and conditions in connection with the convey- to the Foothill/Eastern Transportation Corridor mately 8 acres bounded by Shirley Memorial ance under subsection (a) as the Secretary con- Agency (in this section referred to as the ‘‘Agen- Boulevard (Interstate 395) to the south, property siders appropriate to protect the interest of the cy’’) over a parcel of real property at Marine of the Virginia Department of Transportation to United States. Corps Base, Camp Pendleton, California, con- the west, Columbia Pike to the north, and Joyce sisting of approximately 340 acres to permit the PART III—AIR FORCE CONVEYANCES Street to the east. Recipient of the easement to construct, operate, SEC. 2851. LAND CONVEYANCE, LAKE CHARLES (C) Certain lands which comprise approxi- and maintain a restricted access highway. The AIR FORCE STATION, LOUISIANA. mately 2.5 acres bounded by Shirley Memorial area covered by the easement shall include (a) CONVEYANCES AUTHORIZED.—The Sec- Boulevard (Interstate 395) to the south, Joyce slopes and all necessary incidents thereto. retary of the Air Force may convey, without Street to the west, Columbia Pike to the north, (b) CONSIDERATION.—As consideration for the consideration, to McNeese State University of and the cloverleaf interchange of Route 100 and conveyance of the easement under subsection Louisiana (in this section referred to as the Columbia Pike to the east. ‘‘University’’) all right, title, and interest of the (a), the Agency shall pay to the United States (2) USE OF LAND.—The Secretary of the Army United States in and to a parcel of real property an amount equal to the fair market value of the shall incorporate the parcels of land transferred (including improvements thereon) consisting of easement, as determined by an independent ap- under paragraph (1) into Arlington National approximately 4.38 at Lake Charles Air Force praisal satisfactory to the Secretary and paid Cemetery. Station, Louisiana, for the purpose of permit- for by the Agency. (3) REMEDIATION OF LAND FOR CEMETERY (c) USE OF PROCEEDS.—In such amounts as ting the University to use the parcel for edu- USE.—Before the transfer of administrative ju- cational purposes and agricultural research. are provided in advance in appropriation Acts, risdiction over the parcels of land under para- the Secretary shall use the funds paid by the (b) DESCRIPTION OF PROPERTY.—The exact acreage and legal description of the real prop- graph (1), the Secretary of Defense shall provide Agency under subsection (b) to carry out one or for the removal of any improvements on the par- more of the following programs at Camp Pendle- erty to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Sec- cels of land and, in consultation with the Super- ton: intendent of Arlington National Cemetery, the (1) Enhancement of access from Red, White, retary. The cost of the survey shall be borne by preparation of the land for use for interment of and Green Beach under the I–5 interstate high- the University. remains of individuals in Arlington National way and railroad crossings to inland areas. (c) ADDITIONAL TERMS AND CONDITIONS.—The (2) Improvement of roads and bridge struc- Secretary may require such additional terms Cemetery. tures in the range and training area. and conditions in connection with the convey- (4) REPORT.—Not later than 180 days after the (3) Realignment of Basilone Road. ance under subsection (a) as the Secretary con- date of the enactment of this Act, the Secretary (d) DESCRIPTION OF PROPERTY.—The exact siders appropriate to protect the interests of the of Defense shall submit to Congress a report ex- acreage and legal description of the easement to United States. plaining in detail the measures required to pre- be conveyed under subsection (a) shall be deter- SEC. 2852. LAND CONVEYANCE, AIR FORCE HOUS- pare the land for use as a part of Arlington Na- mined by a survey satisfactory to the Secretary. ING FACILITY, LA JUNTA, COLO- tional Cemetery. The cost of the survey shall be borne by the RADO. (5) DEADLINE.—The Secretary of Defense shall Agency. (a) CONVEYANCE REQUIRED.—The Secretary of complete the transfer of administrative jurisdic- (e) ADDITIONAL TERMS AND CONDITIONS.—The the Air Force may convey, without consider- tion over the parcels of land under this sub- Secretary may require such additional terms ation, to the City of La Junta, Colorado (in this section not later than the earlier of— and conditions in connection with the easement section referred to as the ‘‘City’’), all right, title, (A) January 1, 2010; or under subsection (a) as the Secretary considers and interest of the United States in and to the (B) the date when those parcels are no longer appropriate to protect the interests of the United unused Air Force housing facility, consisting of required (as determined by the Secretary) for States. approximately 28 acres and improvements there- use as temporary office space due to the renova- SEC. 2842. LAND CONVEYANCE, NAVAL RESERVE on, located within the southern most boundary tion of the Pentagon. READINESS CENTER, PORTLAND, of the City. (b) MODIFICATION OF BOUNDARY OF ARLING- (b) PURPOSE OF CONVEYANCE.—The purpose of MAINE. TON NATIONAL CEMETERY.—. (a) CONVEYANCE AUTHORIZED.—The Secretary the conveyance under subsection (a) is to permit (1) IN GENERAL.—The Secretary of the Army the city to develop the conveyed property for of the Navy may convey to the Gulf of Maine shall modify the boundary of Arlington Na- housing and educational purposes. Aquarium Development Corporation, Portland, tional Cemetery to include the following parcels (c) DESCRIPTION OF PROPERTY.—The exact Maine (in this section referred to as the ‘‘Cor- of land situated in Fort Myer, Arlington, Vir- acreage and legal description of the property to poration’’), all right, title, and interest of the ginia: United States in and to a parcel of real prop- be conveyed under subsection (a) shall be deter- (A) Certain lands which comprise approxi- erty, including improvements thereon and any mined by a survey satisfactory to the Secretary. mately 5 acres bounded by the Fort Myer Post appurtenant interest in submerged lands there- The cost of the survey shall be borne by the Traditional Chapel to the southwest, McNair on, consisting of approximately 3.72 acres in City. Road to the northwest, the Vehicle Maintenance Portland, Maine, which is the site of the Naval (d) ADDITIONAL TERMS AND CONDITIONS.—The Complex to the northeast, and the masonry wall Reserve Readiness Center, Portland, Maine. Secretary may require such additional terms of Arlington National Cemetery to the south- (b) PURPOSE.—The purpose of the conveyance and conditions in connection with the convey- east. under subsection (a) is to facilitate economic de- ance under subsection (a) as the Secretary con- velopment in accordance with the plan of the siders appropriate to protect the interests of the (B) Certain lands which comprise approxi- Corporation for the construction of an aquar- United States. mately 3 acres bounded by the Vehicle Mainte- ium and marine research facility in Portland, Subtitle E—Other Matters nance Complex to the southwest, Jackson Ave- Maine. nue to the northwest, the water pumping station SEC. 2861. REPEAL OF PROHIBITION ON JOINT to the northeast, and the masonry wall of Ar- (c) CONSIDERATION.—(1) As consideration for USE OF GRAY ARMY AIRFIELD, FORT the conveyance authorized by subsection (a), HOOD, TEXAS, WITH CIVIL AVIATION. lington National Cemetery to the southeast. the Corporation shall provide for such facilities Section 319 of the National Defense Author- (2) REPORT.—Not later than 180 days after the as the Secretary determines appropriate for the ization Act for Fiscal Year 1987 (Public Law 99– date of the enactment of this Act, the Secretary Naval Reserve to replace the facilities conveyed 661; 100 Stat. 3855) is repealed. of the Army shall submit to Congress a report under that subsection. SEC. 2862. DESIGNATION OF BUILDING CONTAIN- describing additional parcels of land located in (2) To provide the replacement facilities, the ING NAVY AND MARINE CORPS RE- Fort Myer, Arlington, Virginia, that may be Corporation may— SERVE CENTER, AUGUSTA, GEORGIA. suitable for use to expand Arlington National (A) convey to the United States a parcel of The building containing the Navy and Marine Cemetery. real property determined by the Secretary to be Corps Reserve Center located at 2869 Central (3) SURVEY.—The Secretary of the Army may an appropriate location for the facilities and de- Avenue in Augusta, Georgia, shall be known determine the exact acreage and legal descrip- sign and construct the facilities on the conveyed and designated as the ‘‘A. James Dyess Build- tion of the parcels of land described in para- parcel; or ing’’. graph (1) by a survey. H3546 CONGRESSIONAL RECORD — HOUSE May 20, 1998 SEC. 2864. REPORTING REQUIREMENTS UNDER Project 96–D–111, national ignition facility, the amount of $5,706,650,000, to be allocated as DEMONSTRATION PROJECT FOR Lawrence Livermore National Laboratory, follows: PURCHASE OF FIRE, SECURITY, PO- Livermore, California, $284,200,000. (1) CLOSURE PROJECTS.—For closure projects LICE, PUBLIC WORKS, AND UTILITY (C) For technology partnership and edu- carried out in accordance with section 3143 of SERVICES FROM LOCAL GOVERN- the National Defense Authorization Act for Fis- MENT AGENCIES. cation, $49,000,000, to be allocated as follows: cal Year 1997 (Public Law 104–201; 110 Stat. Section 816(b) of the National Defense Author- (i) For technology partnership, $40,000,000. 2836; 42 U.S.C. 7274n) in the amount of ization Act for Fiscal Year 1995 (Public Law (ii) For education, $9,000,000. (2) STOCKPILE MANAGEMENT.—Funds are here- $1,046,240,000. 103–337; 108 Stat. 2820) is amended by striking by authorized to be appropriated to the Depart- (2) PRIVATIZATION.—For privatization projects out ‘‘and 1998’’ and inserting in lieu thereof ment of Energy for fiscal year 1999 for stockpile in carrying out environmental restoration and ‘‘through 2000’’. management in carrying out weapons activities waste management activities necessary for na- DIVISION C—DEPARTMENT OF ENERGY necessary for national security programs in the tional security programs in the amount of NATIONAL SECURITY AUTHORIZATIONS amount of $2,134,625,000, to be allocated as fol- $286,857,000. AND OTHER AUTHORIZATIONS lows: (3) SITE PROJECT AND COMPLETION.—For site TITLE XXXI—DEPARTMENT OF ENERGY (A) For operation and maintenance, project and completion in carrying out environ- NATIONAL SECURITY PROGRAMS $2,019,303,000. mental restoration and waste management ac- Subtitle A—National Security Programs (B) For plant projects (including mainte- tivities necessary for national security programs in the amount of $1,085,253,000, to be allocated Authorizations nance, restoration, planning, construction, ac- as follows: SEC. 3101. WEAPONS ACTIVITIES. quisition, modification of facilities, and the con- tinuation of projects authorized in prior years, (A) For operation and maintenance, (a) IN GENERAL.—Funds are hereby author- and land acquisition related thereto), $886,090,000. ized to be appropriated to the Department of (B) For plant projects (including mainte- $115,322,000, to be allocated as follows: Energy for fiscal year 1999 for weapons activi- nance, restoration, planning, construction, ac- Project 99–D–122, rapid reactivation, various ties in carrying out programs necessary for na- quisition, modification of facilities, and the con- locations, $11,200,000. tional security in the amount of $4,142,100,000, tinuation of projects authorized in prior years, Project 99–D–123, replace mechanical utility to be allocated as follows: and land acquisition related thereto), systems Y–12, Oak Ridge, Tennessee, $1,900,000. (1) STOCKPILE STEWARDSHIP.—Funds are here- Project 99–D–125, replace boilers and controls, $199,163,000, to be allocated as follows: by authorized to be appropriated to the Depart- Project 99–D–402, tank farm support services, Kansas City Plant, Kansas City, Missouri, ment of Energy for fiscal year 1999 for stockpile F&H areas, Savannah River Site, Aiken, South $1,000,000. stewardship in carrying out weapons activities Carolina, $2,745,000. Project 99–D–127, stockpile management re- necessary for national security programs in the Project 99–D–404, health physics instrumenta- structuring initiative, Kansas City Plant, Kan- amount of $2,138,375,000, to be allocated as fol- tion laboratory, Idaho National Engineering sas City, Missouri, $13,700,000. lows: Laboratory, Idaho, $950,000. Project 99–D–128, stockpile management re- (A) For core stockpile stewardship, Project 98–D–401, H-tank farm storm water structuring initiative, Pantex consolidation, $1,591,375,000, to be allocated as follows: systems upgrade, Savannah River Site, Aiken, Amarillo, Texas, $1,108,000. (i) For operation and maintenance, South Carolina, $3,120,000. Project 99–D–132, stockpile management re- $1,475,832,000. Project 98–D–453, plutonium stabilization and structuring initiative, nuclear material safe- (ii) For plant projects (including maintenance, handling system for plutonium finishing plant, guards and security upgrades project, Los Ala- restoration, planning, construction, acquisition, Richland, Washington, $26,814,000. mos National Laboratory, Los Alamos, New modification of facilities, and the continuation Project 98–D–700, road rehabilitation, Idaho Mexico, $9,700,000. of projects authorized in prior years, and land National Engineering Laboratory, Idaho, Project 98–D–123, stockpile management re- acquisition related thereto), $115,543,000, to be $7,710,000. structuring initiative, tritium factory mod- Project 97–D–450, Actinide packaging and allocated as follows: storage facility, Savannah River Site, Aiken, Project 99–D–102, rehabilitation of mainte- ernization and consolidation, Savannah River South Carolina, $79,184,000. nance facility, Lawrence Livermore National Site, Aiken, South Carolina, $27,500,000. Project 98–D–124, stockpile management re- Project 97–D–470, environmental monitoring Laboratory, Livermore, California, $6,500,000. laboratory, Savannah River Site, Aiken, South Project 99–D–103, isotope sciences facility, structuring initiative, Y–12 Plant consolidation, Carolina, $7,000,000. Lawrence Livermore National Laboratory, Oak Ridge, Tennessee, $10,700,000. Project 97–D–122, nuclear materials storage fa- Project 96–D–406, spent nuclear fuels canister Livermore, California, $4,000,000. cility renovation, Los Alamos National Labora- storage and stabilization facility, Richland, Project 99–D–104, protection of real property Washington, $38,680,000. (roof reconstruction, Phase II), Lawrence Liver- tory, Los Alamos, New Mexico, $9,164,000. Project 97–D–123, structural upgrades, Kansas Project 96–D–408, waste management up- more National Laboratory, Livermore, Califor- City Plant, Kansas City, Missouri, $6,400,000. grades, Kansas City Plant, Kansas City, Mis- nia, $7,300,000. souri, and Savannah River Site, Aiken, South Project 99–D–105, central health physics cali- Project 96–D–122, sewage treatment quality upgrade (STQU), Pantex Plant, Amarillo, Carolina, $4,512,000. bration facility, Los Alamos National Labora- Project 96–D–464, electrical and utility systems tory, Los Alamos, New Mexico, $3,900,000. Texas, $3,700,000. Project 95–D–102, chemistry and metallurgy upgrade, Idaho Chemical Processing Plant, Project 99–D–106, model validation and system Idaho National Engineering Laboratory, Idaho, certification test center, Sandia National Lab- research (CMR) upgrades project, Los Alamos National Laboratory, Los Alamos, New Mexico, $11,544,000. oratories, Albuquerque, New Mexico, $1,600,000. Project 96–D–471, chlorofluorocarbon heating, Project 99–D–107, joint computational engi- $16,000,000. Project 93–D–122, life safety upgrades, Y–12 ventilation, and air conditioning and chiller ret- neering laboratory, Sandia National Labora- rofit, Savannah River Site, Aiken, South Caro- tories, Albuquerque, New Mexico, $1,800,000. Plant, Oak Ridge, Tennessee, $3,250,000. (3) PROGRAM DIRECTION.—Funds are hereby lina, $8,000,000. Project 99–D–108, renovate existing roadways, Project 95–D–456, security facilities consolida- Nevada Test Site, Nevada, $2,000,000. authorized to be appropriated to the Department of Energy for fiscal year 1999 for program direc- tion, Idaho Chemical Processing Plant, Idaho Project 97–D–102, dual-axis radiographic National Engineering Laboratory, Idaho, hydrotest facility, Los Alamos National Labora- tion in carrying out weapons activities nec- essary for national security programs in the $485,000. tory, Los Alamos, New Mexico, $36,000,000. Project 92–D–140, F&H canyon exhaust up- amount of $240,000,000. Project 96–D–102, stockpile stewardship facili- grades, Savannah River Site, Aiken, South (b) ADJUSTMENTS.— ties revitalization, Phase VI, various locations, Carolina, $3,667,000. (1) CONSTRUCTION.—The total amount author- $20,423,000. Project 86–D–103, decontamination and waste ized to be appropriated pursuant to paragraphs Project 96–D–103, ATLAS, Los Alamos Na- treatment facility, Lawrence Livermore National (1)(A)(ii), (1)(B)(ii), and (2)(B) of subsection (a) tional Laboratory, Los Alamos, New Mexico, Laboratory, Livermore, California, $4,752,000. $6,400,000. is the sum of the amounts authorized to be ap- (4) POST-2006 COMPLETION.—For post-2006 Project 96–D–104, processing and environ- propriated in those paragraphs, reduced by the project completion in carrying out environ- mental technology laboratory, Sandia National sum of $30,000,000. mental restoration and waste management ac- Laboratories, Albuquerque, New Mexico, (2) NON-CONSTRUCTION.—The total amount tivities necessary for national security programs $18,920,000. authorized to be appropriated pursuant to para- in the amount of $2,765,451,000, to be allocated Project 96–D–105, contained firing facility ad- graphs (1)(A)(i), (1)(B)(i), (1)(C), (2)(A), and (3) as follows: dition, Lawrence Livermore National Labora- of subsection (a) is the sum of the amounts au- (A) For operation and maintenance, tory, Livermore, California, $6,700,000. thorized to be appropriated in those paragraphs, $2,684,195,000. (B) For inertial fusion, $498,000,000, to be allo- reduced by the sum of $340,900,000, to be derived (B) For plant projects (including mainte- cated as follows: from use of prior year balances. nance, restoration, planning, construction, ac- (i) For operation and maintenance, SEC. 3102. DEFENSE ENVIRONMENTAL RESTORA- quisition, modification of facilities, and the con- $213,800,000. TION AND WASTE MANAGEMENT. tinuation of projects authorized in prior years, (ii) For the following plant project (including (a) IN GENERAL.—Funds are hereby author- and land acquisition related thereto), maintenance, restoration, planning, construc- ized to be appropriated to the Department of $81,256,000, to be allocated as follows: tion, acquisition, and modification of facilities, Energy for fiscal year 1999 for environmental Project 99–D–403, privatization phase I infra- and land acquisition related thereto), restoration and waste management in carrying structure support, Richland, Washington, $284,200,000, to be allocated as follows: out programs necessary for national security in $14,800,000. May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3547 Project 97–D–402, tank farm restoration and (ii) For plant projects (including maintenance, (A) the amount authorized for the project; or safe operations, Richland, Washington, restoration, planning, construction, acquisition, (B) the amount of the total estimated cost for $22,723,000. modification of facilities, and the continuation the project as shown in the most recent budget Project 96–D–408, waste management up- of projects authorized in prior years, and land justification data submitted to Congress. grades, Richland, Washington, $171,000. acquisition related thereto), $21,800,000, to be al- (2) An action described in paragraph (1) may Project 94–D–407, initial tank retrieval sys- located as follows: be taken if— tems, Richland, Washington, $32,860,000. GPN–101 general plant projects, various loca- (A) the Secretary of Energy has submitted to Project 93–D–187, high-level waste removal tions, $9,000,000. the congressional defense committees a report on from filled waste tanks, Savannah River Site, Project 98–D–200, site laboratory/facility up- the actions and the circumstances making such Aiken, South Carolina, $10,702,000. grade, various locations, $7,000,000. action necessary; and (5) SCIENCE AND TECHNOLOGY.—For science Project 90–N–102, expended core facility dry (B) a period of 30 days has elapsed after the and technology in carrying out environmental cell project, Naval Reactors Facility, Idaho, date on which the report is received by the com- restoration and waste management activities $5,800,000. mittees. necessary for national security programs in the (B) For program direction, $20,100,000. (3) In the computation of the 30-day period amount of $270,750,000. (b) ADJUSTMENT.—The total amount author- under paragraph (2), there shall be excluded (6) PROGRAM DIRECTION.—For program direc- ized to be appropriated pursuant to this section any day on which either House of Congress is tion in carrying out environmental restoration is the sum of the amounts authorized to be ap- not in session because of an adjournment of and waste management activities necessary for propriated in paragraphs (1) through (7) of sub- more than 3 days to a day certain. national security programs in the amount of section (a) reduced by the sum of $20,000,000. (b) EXCEPTION.—Subsection (a) shall not $346,199,000. SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. apply to any construction project which has a current estimated cost of less than $5,000,000. (b) ADJUSTMENT.—The total amount author- Funds are hereby authorized to be appro- ized to be appropriated pursuant to paragraphs priated to the Department of Energy for fiscal SEC. 3124. FUND TRANSFER AUTHORITY. (1), (3)(A), (4)(A), (5), and (6) of subsection (a) year 1999 for payment to the Nuclear Waste (a) TRANSFER TO OTHER FEDERAL AGENCIES.— is the sum of the amounts authorized to be ap- Fund established in section 302(c) of the Nuclear The Secretary of Energy may transfer funds au- propriated in those paragraphs, reduced by the Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in thorized to be appropriated to the Department of sum of $94,100,000, to be derived from use of the amount of $190,000,000. Energy pursuant to this title to other Federal prior year balances. Subtitle B—Recurring General Provisions agencies for the performance of work for which SEC. 3103. OTHER DEFENSE ACTIVITIES. the funds were authorized. Funds so transferred SEC. 3121. REPROGRAMMING. may be merged with and be available for the (a) IN GENERAL.—Funds are hereby author- (a) IN GENERAL.—Until the Secretary of En- same purposes and for the same period as the ized to be appropriated to the Department of ergy submits to the congressional defense com- authorizations of the Federal agency to which Energy for fiscal year 1999 for other defense ac- mittees the report referred to in subsection (b) the amounts are transferred. tivities in carrying out programs necessary for and a period of 30 days has elapsed after the (b) TRANSFER WITHIN DEPARTMENT OF EN- national security in the amount of date on which such committees receive the re- ERGY.—(1) Subject to paragraph (2), the Sec- $1,720,760,000, to be allocated as follows: port, the Secretary may not use amounts appro- retary of Energy may transfer funds authorized (1) NONPROLIFERATION AND NATIONAL SECU- priated pursuant to this title for any program— to be appropriated to the Department of Energy RITY.—For nonproliferation and national secu- (1) in amounts that exceed, in a fiscal year— pursuant to this title between any such author- rity, $693,900,000, to be allocated as follows: (A) 110 percent of the amount authorized for izations. Amounts of authorizations so trans- (A) For verification and control technology, that program by this title; or ferred may be merged with and be available for $500,500,000, to be allocated as follows: (B) $1,000,000 more than the amount author- the same purposes and for the same period as (i) For nonproliferation and verification re- ized for that program by this title; or the authorization to which the amounts are search and development, $210,000,000. (2) which has not been presented to, or re- transferred. quested of, Congress. (ii) For arms control, $256,900,000. (2) Not more than five percent of any such au- (b) REPORT.—(1) The report referred to in sub- (iii) For intelligence, $33,600,000. thorization may be transferred between author- section (a) is a report containing a full and com- (B) For nuclear safeguards and security, izations under paragraph (1). No such author- plete statement of the action proposed to be $53,200,000. ization may be increased or decreased by more taken and the facts and circumstances relied (C) For security investigations, $30,000,000. than five percent by a transfer under such para- upon in support of such proposed action. (D) For emergency management, $21,300,000. graph. (E) For program direction, $88,900,000. (2) In the computation of the 30-day period (c) LIMITATION.—The authority provided by under subsection (a), there shall be excluded (2) WORKER AND COMMUNITY TRANSITION AS- this section to transfer authorizations— SISTANCE.—For worker and community transi- any day on which either House of Congress is (1) may only be used to provide funds for tion assistance, $45,000,000, to be allocated as not in session because of an adjournment of items relating to activities necessary for na- follows: more than 3 days to a day certain. tional security programs that have a higher pri- (c) LIMITATIONS.—(1) In no event may the (A) For worker and community transition, ority than the items from which the funds are total amount of funds obligated pursuant to this $41,000,000. transferred; and (B) For program direction, $4,000,000. title exceed the total amount authorized to be (2) may not be used to provide funds for an (3) FISSILE MATERIALS CONTROL AND DISPOSI- appropriated by this title. item for which Congress has specifically denied (2) Funds appropriated pursuant to this title TION.—For fissile materials control and disposi- funds. may not be used for an item for which Congress tion, $168,960,000, to be allocated as follows: (d) NOTICE TO CONGRESS.—The Secretary of (A) For operation and maintenance, has specifically denied funds. Energy shall promptly notify the Committee on $111,372,000. SEC. 3122. LIMITS ON GENERAL PLANT Armed Services of the Senate and the Committee (B) For program direction, $4,588,000. PROJECTS. on National Security of the House of Represent- (C) For plant projects (including mainte- (a) IN GENERAL.—The Secretary of Energy atives of any transfer of funds to or from au- nance, restoration, planning, construction, ac- may carry out any construction project under thorizations under this title. the general plant projects authorized by this quisition, modification of facilities, and the con- SEC. 3125. AUTHORITY FOR CONCEPTUAL AND tinuation of projects authorized in prior years, title if the total estimated cost of the construc- CONSTRUCTION DESIGN. tion project does not exceed $5,000,000. and land acquisition related thereto), (a) REQUIREMENT FOR CONCEPTUAL DESIGN.— $53,000,000, to be allocated as follows: (b) REPORT TO CONGRESS.—If, at any time (1) Subject to paragraph (2) and except as pro- Project 99–D–141, pit disassembly and conver- during the construction of any general plant vided in paragraph (3), before submitting to sion facility, various locations, $25,000,000. project authorized by this title, the estimated Congress a request for funds for a construction Project 99–D–143, mixed oxide fuel fabrication cost of the project is revised because of unfore- project that is in support of a national security facility, various locations, $28,000,000. seen cost variations and the revised cost of the program of the Department of Energy, the Sec- (4) ENVIRONMENT, SAFETY, AND HEALTH.—For project exceeds $5,000,000, the Secretary shall retary of Energy shall complete a conceptual de- environment, safety, and health, defense, immediately furnish a complete report to the sign for that project. $94,000,000, to be allocated as follows: congressional defense committees explaining the (2) If the estimated cost of completing a con- (A) For the Office of Environment, Safety, reasons for the cost variation. ceptual design for a construction project exceeds and Health (Defense), $89,231,000. SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS. $3,000,000, the Secretary shall submit to Con- (B) For program direction, $4,769,000. (a) IN GENERAL.—(1) Except as provided in gress a request for funds for the conceptual de- (5) OFFICE OF HEARINGS AND APPEALS.—For paragraph (2), construction on a construction sign before submitting a request for funds for the Office of Hearings and Appeals, $2,400,000. project may not be started or additional obliga- the construction project. (6) INTERNATIONAL NUCLEAR SAFETY.—For tions incurred in connection with the project (3) The requirement in paragraph (1) does not international nuclear safety, $35,000,000. above the total estimated cost, whenever the apply to a request for funds— (7) NAVAL REACTORS.—For naval reactors, current estimated cost of the construction (A) for a construction project the total esti- $681,500,000, to be allocated as follows: project, which is authorized by section 3101, mated cost of which is less than $5,000,000; or (A) For naval reactors development, 3102, or 3103, or which is in support of national (B) for emergency planning, design, and con- $661,400,000, to be allocated as follows: security programs of the Department of Energy struction activities under section 3126. (i) For operation and maintenance, and was authorized by any previous Act, ex- (b) AUTHORITY FOR CONSTRUCTION DESIGN.— $639,600,000. ceeds by more than 25 percent the higher of— (1) Within the amounts authorized by this title, H3548 CONGRESSIONAL RECORD — HOUSE May 20, 1998

the Secretary of Energy may carry out construc- (c) EXEMPTION FROM REPROGRAMMING RE- (B) The date on which the report required by tion design (including architectural and engi- QUIREMENTS.—The requirements of section 3121 subsection (b) is submitted. neering services) in connection with any pro- shall not apply to transfers of funds pursuant to (b) REPORT.—The Secretary of Energy shall posed construction project if the total estimated subsection (a). submit to Congress a report on the results of the cost for such design does not exceed $600,000. (d) NOTIFICATION.—The Secretary, acting test program at the Watts Bar Nuclear Station. (2) If the total estimated cost for construction through the Assistant Secretary of Energy for The report shall include— design in connection with any construction Environmental Management, shall notify Con- (1) data on any leakage of tritium from the project exceeds $600,000, funds for such design gress of any transfer of funds pursuant to sub- test rods; must be specifically authorized by law. section (a) not later than 30 days after such (2) the amount of tritium produced during the SEC. 3126. AUTHORITY FOR EMERGENCY PLAN- transfer occurs. test; and NING, DESIGN, AND CONSTRUCTION (e) DEFINITIONS.—In this section: (3) any other technical findings resulting from ACTIVITIES. (1) The term ‘‘program or project’’ means, the test. (a) AUTHORITY.—The Secretary of Energy with respect to a field office of the Department SEC. 3135. LIMITATION ON USE OF CERTAIN may use any funds available to the Department of Energy, any of the following: FUNDS AT HANFORD SITE. of Energy pursuant to an authorization in this (A) A project listed in paragraph (3) or (4) of (a) LIMITATION.—(1) None of the funds de- title, including those funds authorized to be ap- section 3102. scribed in subsection (b) may be used unless the propriated for advance planning and construc- (B) A program referred to in paragraph (3), Secretary of Energy certifies to Congress not tion design under sections 3101, 3102, and 3103, (4), or (5) of section 3102. later than 90 days after the date of the enact- to perform planning, design, and construction (C) A project or program not described in sub- ment of this Act that the Department of Energy activities for any Department of Energy na- paragraph (A) or (B) that is for environmental does not intend to pay overhead costs that ex- tional security program construction project restoration or waste management activities nec- ceed more than 33 percent of total contract costs that, as determined by the Secretary, must pro- essary for national security programs of the De- during fiscal year 1999 for the Project Hanford ceed expeditiously in order to protect public partment, that is being carried out by the office, Management Contractors (at the Hanford Site, health and safety, to meet the needs of national and for which defense environmental manage- Richland, Washington), including the prime defense, or to protect property. ment funds have been authorized and appro- contractor and subcontractors at any tier (in- (b) LIMITATION.—The Secretary may not exer- priated before the date of enactment of this Act. cluding Enterprise Company contractors). cise the authority under subsection (a) in the (2) The term ‘‘defense environmental manage- (2) For purposes of paragraph (1), overhead case of any construction project until the Sec- ment funds’’ means funds appropriated to the costs include— retary has submitted to the congressional de- Department of Energy pursuant to an author- (A) indirect overhead costs, which include all fense committees a report on the activities that ization for carrying out environmental restora- activities whose costs are spread across other ac- the Secretary intends to carry out under this tion and waste management activities necessary counts of the contractor or site; section and the circumstances making such ac- for national security programs. (B) support service overhead costs, which in- tivities necessary. (f) DURATION OF AUTHORITY.—The managers clude activities or services for which programs (c) SPECIFIC AUTHORITY.—The requirement of of the field offices of the Department may exer- pay per unit used; section 3125(b)(2) does not apply to emergency cise the authority provided under subsection (a) (C) all fee, awards, and other profit on indi- planning, design, and construction activities during the period beginning on October 1, 1998, rect and support service overhead costs, or fees conducted under this section. and ending on September 30, 1999. that are not attributable to performance on a SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL Subtitle C—Program Authorizations, single project; SECURITY PROGRAMS OF THE DE- Restrictions, and Limitations (D) any portion of Enterprise Company costs PARTMENT OF ENERGY. for which there is no competitive bid and which, Subject to the provisions of appropriations SEC. 3131. PROHIBITION ON FEDERAL LOAN under the prior contract, had been an indirect GUARANTEES FOR DEFENSE ENVI- Acts and section 3121, amounts appropriated RONMENTAL MANAGEMENT PRIVAT- or service function; and pursuant to this title for management and sup- IZATION PROJECTS. (E) all computer service and information man- port activities and for general plant projects are Section 3132 of the National Defense Author- agement costs that had previously been reported available for use, when necessary, in connection ization Act for Fiscal Year 1998 (Public Law in indirect overhead or service center pool ac- with all national security programs of the De- 105–85; 111 Stat. 2034) is amended by adding at counts. partment of Energy. the end the following new subsection: (b) FUNDS.—The funds referred to in sub- SEC. 3128. AVAILABILITY OF FUNDS. ‘‘(g) PROHIBITION ON LOAN GUARANTEES.—The section (a) are the following: (a) IN GENERAL.—Except as provided in sub- Secretary of Energy may not guarantee any (1) $12,000,000 for reactor decontamination section (b), when so specified in an appropria- loan made by a private sector entity to a con- and decommissioning, as authorized to be ap- tions Act, amounts appropriated for operation tractor to pay for any costs (including costs de- propriated by section 3102 and allocated under and maintenance or for plant projects may re- scribed in subsection (a)(3)) borne by the con- subsection (a)(4)(A). main available until expended. tractor to carry out a contract entered into (2) $18,000,000 for single-shell tank drainage, (b) EXCEPTION FOR PROGRAM DIRECTION under this section.’’. as authorized to be appropriated by section 3102 and allocated under subsection (a)(4)(A). FUNDS.—Amounts appropriated for program di- SEC. 3132. EXTENSION OF FUNDING PROHIBITION (c) USE OF SAVINGS.—The expected savings rection pursuant to an authorization of appro- RELATING TO INTERNATIONAL CO- priations in subtitle A shall remain available to OPERATIVE STOCKPILE STEWARD- during fiscal year 1999 from compliance with be expended only until the end of fiscal year SHIP. subsection (a) shall be used at the Hanford Site 2000. Section 3133(a) of the National Defense Au- for ensuring full compliance with the Hanford Federal Facility Agreement and Consent Order SEC. 3129. TRANSFERS OF DEFENSE ENVIRON- thorization Act for Fiscal Year 1998 (Public Law MENTAL MANAGEMENT FUNDS. 105–85; 111 Stat. 2036) is amended by striking out and recommendations of the Defense Nuclear Facilities Safety Board. (a) TRANSFER AUTHORITY FOR DEFENSE ENVI- ‘‘for fiscal year 1998’’ and inserting in lieu (d) SENSE OF CONGRESS.—It is the sense of RONMENTAL MANAGEMENT FUNDS.—The Sec- thereof ‘‘for any fiscal year’’. Congress that— retary of Energy shall provide the manager of SEC. 3133. USE OF CERTAIN FUNDS FOR MISSILE each field office of the Department of Energy DEFENSE TECHNOLOGY DEVELOP- (1) overhead costs for contractors performing with the authority to transfer defense environ- MENT. environmental cleanup work at defense nuclear mental management funds from a program or Of the funds authorized to be appropriated facilities are out of control; (2) some of the increase in overhead costs can project under the jurisdiction of the office to an- pursuant to section 3101, the Secretary of En- be attributed to unnecessary regulation by the other such program or project. ergy shall make available not less than Department of Energy; and (b) LIMITATIONS.—(1) Only one transfer may $60,000,000 for the purpose of developing, dem- (3) the Department of Energy should take be made to or from any program or project onstrating, and testing hit-to-kill interceptor ve- whatever actions possible to minimize any in- under subsection (a) in a fiscal year. hicles for theater missile defense systems. The creased costs of contractor overhead that are at- (2) The amount transferred to or from a pro- Secretary shall carry out this section in co- tributable to unnecessary regulation by the De- gram or project under subsection (a) may not ex- operation with the Ballistic Missile Defense Or- partment. ceed $5,000,000 in a fiscal year. ganization of the Department of Defense. (3) A transfer may not be carried out by a SEC. 3134. SELECTION OF TECHNOLOGY FOR Subtitle D—Other Matters manager of a field office under subsection (a) TRITIUM PRODUCTION. SEC. 3151. TERMINATION OF WORKER AND COM- unless the manager determines that the transfer (a) SELECTION OF TECHNOLOGY.—(1) Subject to MUNITY TRANSITION ASSISTANCE. is necessary to address a risk to health, safety, paragraph (2), the Secretary of Energy shall se- (a) PROHIBITION.—No funds may be used by or the environment or to assure the most effi- lect a primary technology for the production of the Secretary of Energy after September 30, 2000, cient use of defense environmental management tritium not later than December 31, 1999. to provide worker or community transition as- funds at the field office. (2) The Secretary may not select a primary sistance with respect to defense nuclear facili- (4) Funds transferred pursuant to subsection technology for the production of tritium until ties, including assistance provided under section (a) may not be used for an item for which Con- the date that is the later of the following: 3161 of the National Defense Authorization Act gress has specifically denied funds or for a new (A) The date occurring 30 days after the com- for Fiscal Year 1993 (42 U.S.C. 7274h). program or project that has not been authorized pletion of the test program at the Watts Bar Nu- (b) REPEAL.—Effective October 1, 2000, section by Congress. clear Station, Tennessee. 3161 of the National Defense Authorization Act May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3549 for Fiscal Year 1993 (42 U.S.C. 7274h) is re- funds appropriated to the Department of Energy (1) The term ‘‘National Defense Stockpile’’ pealed. for atomic energy defense activities may be used means the stockpile provided for in section 4 of (c) STUDY BY THE GENERAL ACCOUNTING OF- to provide assistance under that section (by rea- the Strategic and Critical Materials Stock Piling FICE.— son of the amendment made by paragraph (1)) Act (50 U.S.C. 98c). (1) STUDY REQUIREMENT.—The Comptroller to the adversely affected employees described in (2) The term ‘‘National Defense Stockpile General shall conduct a study on the effects of section 3110(a)(5) of the USEC Privatization Act Transaction Fund’’ means the fund in the workforce restructuring plans for defense nu- (Public Law 104–134; 110 Stat. 1321–341; 42 Treasury of the United States established under clear facilities developed pursuant to section U.S.C. 2297h–8(a)(5)). section 9(a) of the Strategic and Critical Mate- 3161 of the National Defense Authorization Act SEC. 3152. REQUIREMENT FOR PLAN TO MODIFY rials Stock Piling Act (50 U.S.C. 98h(a)). for Fiscal Year 1993 (42 U.S.C. 7274h). EMPLOYMENT SYSTEM USED BY DE- SEC. 3302. AUTHORIZED USES OF STOCKPILE (2) MATTERS COVERED BY STUDY.—The study PARTMENT OF ENERGY IN DEFENSE FUNDS. shall cover the four-year period preceding the ENVIRONMENTAL MANAGEMENT (a) OBLIGATION OF STOCKPILE FUNDS.—Dur- date of the enactment of this Act and shall in- PROGRAMS. ing fiscal year 1999, the National Defense Stock- clude the following: (a) PLAN REQUIREMENT.—(1) The Secretary of pile Manager may obligate up to $82,647,000 of (A) An analysis of the number of jobs created Energy shall develop a plan to modify the Fed- the funds in the National Defense Stockpile by any employee retraining, education, and re- eral employment system used within the defense Transaction Fund for the authorized uses of employment assistance and any community im- environmental management programs of the De- such funds under section 9(b)(2) of the Strategic pact assistance provided in each workforce re- partment of Energy to allow for workforce re- and Critical Materials Stock Piling Act (50 structuring plan developed pursuant to section structuring in those programs. U.S.C. 98h(b)(2)). 3161 of the National Defense Authorization Act (2) The plan shall address strategies to recruit (b) ADDITIONAL OBLIGATIONS.—The National for Fiscal Year 1993. and hire— Defense Stockpile Manager may obligate (B) An analysis of other benefits provided (A) individuals with a high degree of scientific amounts in excess of the amount specified in pursuant to such plans, including any assist- and technical competence in the areas of nu- subsection (a) if the National Defense Stockpile ance provided to community reuse organiza- clear and toxic waste remediation and environ- Manager notifies Congress that extraordinary or tions. mental restoration; and emergency conditions necessitate the additional (C) A description of the funds expended, and (B) individuals with the necessary skills to obligations. The National Defense Stockpile the funds obligated but not expended, pursuant manage large construction and environmental Manager may make the additional obligations to such plans as of the date of the report. remediation projects. described in the notification after the end of the (D) A description of the criteria used since Oc- (3) The plan shall include an identification of 45-day period beginning on the date Congress tober 23, 1992, in providing assistance pursuant the provisions of Federal law that would need to receives the notification. to such plans. be changed to allow the Secretary of Energy to (c) LIMITATIONS.—The authorities provided by (E) A comparison of any similar benefits pro- restructure the Department of Energy defense this section shall be subject to such limitations vided— environmental management workforce to hire as may be provided in appropriations Acts. individuals described in paragraph (2), while (i) pursuant to such a plan to employees TITLE XXXIV—NAVAL PETROLEUM staying within any numerical limitations re- whose employment at the defense nuclear facil- RESERVES quired by law (including section 3161 of Public ity covered by the plan is terminated; and SEC. 3401. DEFINITIONS. (ii) to employees whose employment at a facil- Law 103–337 (42 U.S.C. 7231 note)) on employ- ment of such individuals. In this title: ity where more than 50 percent of the revenues (1) The term ‘‘naval petroleum reserves’’ has (b) REPORT.—The Secretary shall submit to are derived from contracts with the Department the meaning given the term in section 7420(2) of of Defense has been terminated as a result of Congress a report on the plan developed under subsection (a). title 10, United States Code. cancellation, termination, or completion of con- (2) The term ‘‘Naval Petroleum Reserve Num- (c) LIMITATION ON USE OF CERTAIN FUNDS.— tracts with the Department of Defense and the bered 2’’ means the naval petroleum reserve, The Secretary of Energy may not use more than employees whose employment is terminated con- commonly referred to as the Buena Vista unit, 75 percent of the funds available to the Sec- stitute more than 15 percent of the employees at that is located in Kern County, California, and retary pursuant to the authorization of appro- that facility. was established by Executive order of the Presi- priations in section 3102(a)(6) (relating to pro- (F) A comparison of— dent, dated December 13, 1912. gram direction) until the Secretary submits the (i) involuntary separation benefits provided to (3) The term ‘‘Naval Petroleum Reserve Num- report required by subsection (b). employees of Department of Energy contractors bered 3’’ means the naval petroleum reserve, and subcontractors under such plans; and SEC. 3153. REPORT ON STOCKPILE STEWARDSHIP commonly referred to as the Teapot Dome unit, (ii) involuntary separation benefits provided CRITERIA. that is located in the State of Wyoming and was to employees of the Federal Government. (a) REQUIREMENT FOR CRITERIA.—The Sec- established by Executive order of the President, (G) A comparison of costs to the Federal Gov- retary of Energy shall develop clear and specific dated April 30, 1915. ernment (including costs of involuntary separa- criteria for judging whether the science-based (4) The term ‘‘Oil Shale Reserve Numbered 2’’ tion benefits) for— tools being used by the Department of Energy means the naval petroleum reserve that is lo- (i) involuntary separations of employees of for determining the safety and reliability of the cated in the State of Utah and was established Department of Energy contractors and sub- nuclear weapons stockpile are performing in a by Executive order of the President, dated De- contractors; and manner that will provide an adequate degree of cember 6, 1916. (ii) involuntary separations of employees of certainty that the stockpile is safe and reliable. (5) The term ‘‘antitrust laws’’ means has the contractors and subcontractors of other Federal (b) REPORT.—Not later than March 1, 1999, meaning given the term in section 1(a) of the Government departments and agencies. the Secretary of Energy shall submit to the Com- Clayton Act (15 U.S.C. 12(a)), except that the (H) A description of the length of service and mittee on Armed Services of the Senate and the term also includes— hiring dates of employees of Department of En- Committee on National Security of the House of (A) the Act of June 19, 1936 (15 U.S.C. 13 et ergy contractors and subcontractors provided Representatives a report on the efforts by the seq.; commonly known as the Robinson-Patman benefits under such plans in the two-year period Department of Energy to develop the criteria re- Act); and preceding the date of the enactment of this Act. quired by subsection (a). The report shall in- (B) section 5 of the Federal Trade Commission (3) REPORT ON STUDY.—The Comptroller Gen- clude— Act (15 U.S.C. 45), to the extent that such sec- eral shall submit a report to Congress on the re- (1) a description of the information needed to tion applies to unfair methods of competition. sults of the study not later than March 31, 1999. determine that the nuclear weapons stockpile is (6) The term ‘‘general land laws’’ includes the (4) DEFINITION.—In this section, the term ‘‘de- safe and reliable and the relationship of the Mineral Leasing Act (30 U.S.C. 181 et seq.) and fense nuclear facility’’ has the meaning pro- science-based tools to the collection of that in- the Materials Act of 1947 (30 U.S.C. 601 et seq.), vided the term ‘‘Department of Energy defense formation; and but excludes the Mining Law of 1872 (30 U.S.C. nuclear facility’’ in section 3163 of the National (2) a description of the criteria required by 22 et seq.). Defense Authorization Act for Fiscal Year 1993 subsection (a) to the extent they have been de- (7) The term ‘‘petroleum’’ has the meaning (Public Law 102–484; 42 U.S.C. 7274j). fined as of the date of the submission of the re- given the term in section 7420(3) of title 10, (d) EFFECT ON USEC PRIVATIZATION ACT.—(1) port. United States Code. Section 3110(a)(5) of the USEC Privatization Act TITLE XXXII–DEFENSE NUCLEAR SEC. 3402. AUTHORIZATION OF APPROPRIATIONS. (Public Law 104–134; 110 Stat. 1321–341; 42 FACILITIES SAFETY BOARD (a) AUTHORIZATION OF APPROPRIATIONS.— U.S.C. 2297h–8(a)(5)) is amended by adding at SEC. 3201. AUTHORIZATION. There are hereby authorized to be appropriated the end the following: ‘‘With respect to such There are authorized to be appropriated for to the Secretary of Energy $22,500,000 for fiscal section 3161, the Secretary shall, on and after fiscal year 1999, $17,500,000 for the operation of year 1999 for the purpose of carrying out— the effective date of the repeal of such section, the Defense Nuclear Facilities Safety Board (1) activities under chapter 641 of title 10, provide assistance to any such employee in ac- under chapter 21 of the Atomic Energy Act of United States Code, relating to the naval petro- cordance with the terms of such section as in ef- 1954 (42 U.S.C. 2286 et seq.). leum reserves; fect on the day before the effective date of its re- (2) closeout activities at Naval Petroleum Re- peal.’’. TITLE XXXIII—NATIONAL DEFENSE serve Numbered 1 upon the sale of that reserve (2) After the effective date of the repeal of sec- STOCKPILE under subtitle B of title XXXIV of the National tion 3161 of the National Defense Authorization SEC. 3301. DEFINITIONS. Defense Authorization Act for fiscal year 1996 Act for Fiscal Year 1993 (42 U.S.C. 7274h), no In this title: (Public Law 104–106; 10 U.S.C. 7420 note); and H3550 CONGRESSIONAL RECORD — HOUSE May 20, 1998 (3) activities under this title relating to the Energy shall continue to administer Naval Pe- title 10, United States Code, does not apply to disposition of Naval Petroleum Reserve Num- troleum Reserve Numbered 3 in accordance with the disposal of property under this title and bered 2, Naval Petroleum Reserve Numbered 3, chapter 641 of title 10, United States Code, until ceases to apply to property in Naval Petroleum and Oil Shale Reserve Numbered 2. such time as the Secretary makes a determina- Reserve Numbered 2, Naval Petroleum Reserve (b) AVAILABILITY OF APPROPRIATIONS.—Funds tion to abandon oil and gas operations in Naval Numbered 3, and Oil Shale Reserve Numbered 2, appropriated pursuant to the authorization of Petroleum Reserve Numbered 3 in accordance upon the final disposal of the property. appropriations in subsection (a) shall remain with commercial operating practices. TITLE XXXV—PANAMA CANAL available until expended. (b) DISPOSAL AUTHORITY.—(1) After oil and COMMISSION gas operations are abandoned in Naval Petro- SEC. 3403. PRICE REQUIREMENT ON SALE OF CER- SEC. 3501. SHORT TITLE; REFERENCES TO PAN- TAIN PETROLEUM DURING FISCAL leum Reserve Numbered 3, the Secretary of En- AMA CANAL ACT OF 1979. YEAR 1999. ergy may dispose of, subject to section 3407, the (a) SHORT TITLE.—This title may be cited as Notwithstanding section 7430(b)(2) of title 10, reserve by sale, lease, transfer, or other means. the ‘‘Panama Canal Commission Authorization United States Code, during fiscal year 1999, any Any sale or lease shall provide for the disposal Act for Fiscal Year 1999’’. sale of any part of the United States share of of all right, title, and interest of the United (b) REFERENCES TO PANAMA CANAL ACT OF petroleum produced from Naval Petroleum Re- States in the property to be conveyed and shall 1979.—Except as otherwise expressly provided, serve Numbered 2 or Naval Petroleum Reserve be conducted in accordance with competitive whenever in this title an amendment or repeal is Numbered 3, shall be made at a price not less procedures consistent with commercial practices, expressed in terms of an amendment to, or re- than 90 percent of the current sales price, as es- as established by the Secretary of Energy. peal of, a section or other provision, the ref- timated by the Secretary of Energy, of com- (2) The Secretary of Energy may extend to a erence shall be considered to be made to a sec- parable petroleum in the same area. purchaser or other transferee of property under tion or other provision of the Panama Canal Act SEC. 3404. DISPOSAL OF NAVAL PETROLEUM RE- this subsection such indemnities and warranties of 1979 (22 U.S.C. 3601 et seq.). SERVE NUMBERED 2. as the Secretary considers reasonable and nec- SEC. 3502. AUTHORIZATION OF EXPENDITURES. essary to protect the purchaser or transferee (a) DISPOSAL OF FORD CITY LOTS.—(1) Subject (a) IN GENERAL.—Subject to subsection (b), to section 3407, the Secretary of Energy shall from claims arising from the ownership of the the Panama Canal Commission is authorized to dispose of that portion of Naval Petroleum Re- property by the United States or the administra- use amounts in the Panama Canal Revolving serve Numbered 2 located within the town lots in tion of the property by the Secretary of Energy. Fund to make such expenditures within the lim- Ford City, California, as generally depicted on (c) RELATIONSHIP TO ANTITRUST LAWS.—This its of funds and borrowing authority available the map of Naval Petroleum Reserve Numbered section does not modify, impair, or supersede the to it in accordance with law, and to make such 2 that accompanies the report of the Secretary operation of the antitrust laws. contracts and commitments, as may be necessary entitled ‘‘Report and Recommendations on the SEC. 3406. DISPOSAL OF OIL SHALE RESERVE under the Panama Canal Act of 1979 (22 U.S.C. Management and Disposition of the Naval Pe- NUMBERED 2. 3601 et seq.) for the operation, maintenance, im- troleum and Oil Shale Reserves (Excluding Elk (a) TRANSFER OF ADMINISTRATIVE JURISDIC- provement, and administration of the Panama Hills)’’, dated March 1997. TION.—Subject to section 3407, effective Septem- Canal for fiscal year 1999. (2) The Secretary of Energy may carry out the ber 30, 1999, the Secretary of Energy shall trans- (b) LIMITATIONS.—For fiscal year 1999, the disposal of that portion of Naval Petroleum Re- fer to the Secretary of the Interior administra- Panama Canal Commission may expend from serve Numbered 2 described in paragraph (1) by tive jurisdiction and control over all public do- funds in the Panama Canal Revolving Fund not competitive sale or lease consistent with com- main lands included within Oil Shale Reserve more than $90,000 for official reception and rep- mercial practices, by transfer to another Federal Numbered 2 for management in accordance with resentation expenses, of which— agency or a public or private entity, or by any the general land laws. (1) not more than $28,000 may be used for offi- other means. Any competitive sale or lease (b) RELATIONSHIP TO INDIAN RESERVATION.— cial reception and representation expenses of under this subsection shall provide for the dis- The transfer of administrative jurisdiction the Supervisory Board of the Commission; posal of all right, title, and interest of the under this section does not affect any interest, (2) not more than $14,000 may be used for offi- United States in the property to be conveyed. right, or obligation respecting the Uintah and cial reception and representation expenses of The Secretary of Energy may use the authority Ouray Indian Reservation located in Oil Shale the Secretary of the Commission; and provided by the Act of June 14, 1926 (43 U.S.C. Reserve Numbered 2. (3) not more than $48,000 may be used for offi- 869 et seq.; commonly known as the Recreation SEC. 3407. ADMINISTRATION. cial reception and representation expenses of and Public Purposes Act), in the same manner (a) CONTRACT AUTHORITY.—Using the author- the Administrator of the Commission. and to the same extent as the Secretary of the ity provided by section 303(c)(7) of the Federal SEC. 3503. PURCHASE OF VEHICLES. Interior, to dispose of that portion of Naval Pe- Property and Administrative Services Act of 1949 Notwithstanding any other provision of law, troleum Reserve Numbered 2 described in para- (41 U.S.C. 253(c)(7)), the Secretary of Energy the funds available to the Commission shall be graph (1). and the Secretary of the Interior may separately available for the purchase and transportation to (3) The Secretary of Energy may extend to a enter into contracts for the acquisition of such the Republic of Panama of passenger motor ve- purchaser or other transferee of property under services as the Secretary considers necessary to hicles built in the United States, the purchase this subsection such indemnities and warranties carry out the requirements of this title, except price of which shall not exceed $23,000 per vehi- as the Secretary considers reasonable and nec- that the notification required under subpara- cle. essary to protect the purchaser or transferee graph (B) of such section for each such contract SEC. 3504. EXPENDITURES ONLY IN ACCORDANCE from claims arising from the ownership of the shall be submitted to Congress not less than WITH TREATIES. property by the United States or the administra- seven days before the award of the contract. Expenditures authorized under this title may tion of the property by the Secretary of Energy. (b) PROTECTION OF EXISTING RIGHTS.—At the be made only in accordance with the Panama (b) EVENTUAL TRANSFER OF ADMINISTRATIVE discretion of the Secretary of Energy, the dis- Canal Treaties of 1977 and any law of the JURISDICTION.—(1) The Secretary of Energy posal of property under this title shall be subject United States implementing those treaties. shall continue to administer Naval Petroleum to any contract related to the United States SEC. 3505. DONATIONS TO THE COMMISSION. Reserve Numbered 2 (other than the portion of ownership interest in the property in effect at Section 1102b (22 U.S.C. 3612b) is amended by the reserve subject to disposal under subsection the time of disposal, including any lease agree- adding at the end the following new subsection: (a)) in accordance with chapter 641 of title 10, ment pertaining to the United States interest in ‘‘(f)(1) The Commission may seek and accept United States Code, until such time as the Sec- Naval Petroleum Reserve Numbered 2. donations of funds, property, and services from retary makes a determination to abandon oil (c) DEPOSIT OF RECEIPTS.—Notwithstanding individuals, foundations, corporations, and and gas operations in Naval Petroleum Reserve any other law, all monies received by the United other private and public entities for the purpose Numbered 2 in accordance with commercial op- States from the disposal of property under this of carrying out its promotional activities. erating practices. title or under section 7439 of title 10, United ‘‘(2) The Commission shall establish written (2) After oil and gas operations are abandoned States Code, including monies received from a guidelines setting forth the criteria to be used in in Naval Petroleum Reserve Numbered 2 under lease entered into under this title or such sec- determining whether the acceptance of funds, paragraph (1), the Secretary of Energy shall tion, shall be deposited in the general fund of property, or services authorized by paragraph transfer to the Secretary of the Interior adminis- the Treasury. (1) would reflect unfavorably upon the ability of trative jurisdiction and control over all public (d) TREATMENT OF ROYALTIES.—Any petro- the Commission (or any employee of the Com- domain lands included within Naval Petroleum leum accruing to the United States as royalty mission) to carry out its responsibilities or offi- Reserve Numbered 2 (other than the portion of from any lease of lands transferred under this cial duties in a fair and objective manner or the reserve subject to disposal under subsection title or under section 7439 of title 10, United would compromise the integrity or the appear- (a)) for management in accordance with the States Code, shall be delivered to the United ance of the integrity of its programs or of any general land laws. States, or shall be paid for in money, as the Sec- official in those programs.’’. (c) RELATIONSHIP TO ANTITRUST LAWS.—This retary of the Interior may elect. SEC. 3506. SUNSET OF UNITED STATES OVERSEAS section does not modify, impair, or supersede the (e) ELEMENTS OF LEASE.—A lease under this BENEFITS JUST BEFORE TRANSFER. operation of the antitrust laws. title may provide for the exploration for, and de- (a) REPEALS.—Effective 11:59 p.m. (Eastern SEC. 3405. DISPOSAL OF NAVAL PETROLEUM RE- velopment and production of, petroleum, other Standard Time), December 30, 1999, the follow- SERVE NUMBERED 3. than petroleum in the form of oil shale. ing provisions are repealed and any right or (a) CONTINUED ADMINISTRATION PENDING TER- (f) RELATIONSHIP TO CURRENT LAW.—Except condition of employment provided for in, or aris- MINATION OF OPERATIONS.—The Secretary of as otherwise provided in this title, chapter 641 of ing from, those provisions is terminated: sections May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3551 1206 (22 U.S.C. 3646), 1207 (22 U.S.C. 3647), (B) by striking out ‘‘on or after that date’’; (D) the recipient provides sufficient evidence 1217(a) (22 U.S.C. 3657(a)), and 1224(11) (22 and to the Secretary that it has adequate financial U.S.C. 3664(11)), subparagraphs (A), (B), (F), (C) by striking out ‘‘the day before the date of resources in the form of cash, liquid assets, or a (G), and (H) of section 1231(a)(2) (22 U.S.C. enactment’’ and inserting in lieu thereof ‘‘that written loan commitment to complete the recon- 3671(a)(2)) and section 1321(e) (22 U.S.C. date’’. struction of the vessel. 3731(e)). (2) Section 1212(b)(3) (22 U.S.C. 3652(b)(3)) is (3) ADDITIONAL TERMS.—The Secretary may (b) SAVINGS PROVISION FOR BASIC PAY.—Not- amended by inserting ‘‘the’’ after ‘‘by the head require such additional terms in connection with withstanding subsection (a), benefits based on of’’. the conveyance authorized by this section as the basic pay, as listed in paragraphs (1), (2), (3), (3) Section 1313 (22 U.S.C. 3723) is amended by Secretary considers appropriate. (5), and (6) of section 1218 of the Panama Canal striking out ‘‘subsection (d)’’ in each of sub- (c) PROCEEDS.—Any amounts received by the Act of 1979, shall be paid as if sections 1217(a) sections (a), (b), and (d) and inserting in lieu United States as proceeds from the sale of the and 1231(a)(2) (A) and (B) of that Act had been thereof ‘‘subsection (c)’’. M/V BAYAMON shall be deposited in the Vessel repealed effective 12:00 p.m., December 31, 1999. (4) Sections 1411(a) and 1412 (22 U.S.C. Operations Revolving Fund established by the The exception under the preceding sentence 3771(a), 3772) are amended by striking out ‘‘the Act of June 2, 1951 (chapter 121; 46 App. U.S.C. shall not apply to any pay for hours of work date of the enactment of the Panama Canal 1241a). Transition Facilitation Act of 1997’’ and insert- performed on December 31, 1999. SEC. 3603. CONVEYANCE OF NDRF VESSELS BEN- (c) NONAPPLICABILITY TO AGENCIES IN PANAMA ing in lieu thereof ‘‘by November 18, 1998’’. JAMIN ISHERWOOD AND HENRY OTHER THAN PANAMA CANAL COMMISSION.—Sec- (b) PUBLIC LAW 104–201.—Effective as of Sep- ECKFORD. tion 1212(b)(3) (22 U.S.C. 3652(b)(3)) is amended tember 23, 1996, and as if included therein as en- (a) AUTHORITY TO CONVEY.—The Secretary of by striking out ‘‘the Panama Canal Transition acted, section 3548(b)(3) of the Panama Canal Transportation may convey all right, title, and Facilitation Act of 1997’’ and inserting in lieu Act Amendments of 1996 (subtitle B of title interest of the United States Government in and thereof ‘‘the Panama Canal Transition Facilita- XXXV of Public Law 104–201; 110 Stat. 2869) is to the vessels BENJAMIN ISHERWOOD (TAO– tion Act of 1997 (subtitle B of title XXXV of amended by striking out ‘‘section’’ in both items 191) and HENRY ECKFORD (TAO–192) to a Public Law 105–85; 110 Stat. 2062), or the Pan- of quoted matter and inserting in lieu thereof purchaser for the purpose of reconstruction of ama Canal Commission Authorization Act for ‘‘sections’’. those vessels for sale or charter. Fiscal Year 1999’’. TITLE XXXVI—MARITIME (b) TERMS OF CONVEYANCE.— SEC. 3507. CENTRAL EXAMINING OFFICE. ADMINISTRATION (1) DELIVERY OF VESSEL.—In carrying out Section 1223 (22 U.S.C. 3663) is repealed. SEC. 3601. AUTHORIZATION OF APPROPRIATIONS subsection (a), the Secretary shall deliver the SEC. 3508. LIABILITY FOR VESSEL ACCIDENTS. FOR FISCAL YEAR 1999. vessel— (a) COMMISSION LIABILITY SUBJECT TO CLAIM- Funds are hereby authorized to be appro- (A) at the place where the vessel is located on ANT INSURANCE.—(1) Section 1411(a) (22 U.S.C. priated for fiscal year 1999, to be available with- the date of the conveyance; 3771(a)) is amended by inserting ‘‘to section out fiscal year limitation if so provided in ap- (B) in its condition on that date; and 1419(b) of this Act and’’ after ‘‘Subject’’ in the propriations Act, for the use of the Department (C) at no cost to the United States Govern- first sentence. of Transportation for the Maritime Administra- ment. (2) Section 1412 (22 U.S.C. 3772) is amended by tion as follows: (2) REQUIRED CONDITIONS.—The Secretary striking out ‘‘The Commission’’ in the first sen- (1) For expenses necessary for operations and may not convey a vessel under this section un- tence and inserting in lieu thereof ‘‘Subject to training activities, $70,553,000. less— section 1419(b) of this Act, the Commission’’. (2) For expenses under the loan guarantee (A) the recipient pays consideration equal to (3) Section 1416 (22 U.S.C. 3776) is amended by program authorized by title XI of the Merchant the domestic fair market value of the vessel, as striking out ‘‘A claimant’’ in the first sentence Marine Act, 1936 (46 U.S.C. App. 1271 et seq.), determined by the Secretary; and inserting in lieu thereof ‘‘Subject to section $20,000,000 of which— (B) the recipient agrees to sell or charter the 1419(b) of this Act, a claimant’’. (A) $16,000,000 is for the cost (as defined in vessel to a member nation of the North Atlantic (b) LIMITATION ON LIABILITY.—Section 1419 section 502(5) of the Federal Credit Reform Act Treaty Organization for use as an oiler; (22 U.S.C. 3779) is amended by designating the of 1990 (2 U.S.C. 661a(5))) of loan guarantees (C) the recipient provides sufficient evidence text as subsection (a) and by adding at the end under the program; and to the Secretary that it has adequate financial the following: (B) $4,000,000 is for administrative expenses resources in the form of cash, liquid assets, or a ‘‘(b) The Commission may not consider or pay related to loan guarantee commitments under written loan commitment to complete the recon- any claim under section 1411 or 1412 of this Act, the program. struction of the vessel; nor may an action for damages lie thereon, un- SEC. 3602. CONVEYANCE OF NDRF VESSEL M/V BA- (D) the recipient agrees that any repair, res- less the claimant is covered by one or more valid YAMON. toration, or reconstruction work for the vessel policies of insurance totalling at least $1,000,000 (a) AUTHORITY TO CONVEY.—The Secretary of will be performed in the United States; and against the injuries specified in those sections. Transportation may convey all right, title, and (E) the recipient agrees to hold the Govern- The Commission’s liability on any such claim interest of the United States Government in and ment harmless for any claims arising from de- shall be limited to damages in excess of all to the vessel M/V BAYAMON (United States of- fects in the vessel or from exposure to hazardous amounts recovered or recoverable by the claim- ficial number 530007) to the Trade Fair Ship material, including asbestos and poly- ant from its insurers. The Commission may not Company, a corporation established under the chlorinated biphenyls, after the conveyance of consider or pay any claim by an insurer or laws of the State of Deleware and having its the vessel, except for claims arising before the subrogee of a claimant under section 1411 or principal offices located in New York, New York date of the conveyance or from use of the vessel 1412 of this Act.’’. (in this section referred to as the ‘‘recipient’’), by the Government after that date. for use as floating trade exposition to showcase SEC. 3509. PANAMA CANAL BOARD OF CONTRACT (3) ADDITIONAL TERMS.—The Secretary may APPEALS. United States technology, industrial products, require such additional terms in connection with and services. (a) ESTABLISHMENT AND PAY OF BOARD.—Sec- a conveyance authorized by this section as the (b) TERMS OF CONVEYANCE.— tion 3102(a) (22 U.S.C. 3862(a)) is amended— Secretary considers appropriate. (1) DELIVERY OF VESSEL.—In carrying out (1) in paragraph (1), by striking out ‘‘shall’’ (c) PROCEEDS.—Any amounts received by the subsection (a), the Secretary shall deliver the in the first sentence and inserting in lieu thereof United States as proceeds from the sale of a ves- vessel— sel under this section shall be deposited in the ‘‘may’’; and (A) at the place where the vessel is located on Vessel Operations Revolving Fund established (2) by adding at the end the following new the date of conveyance; by the Act of June 2, 1951 (chapter 121; 46 App. paragraph: (B) in its condition on that date; and U.S.C. 1241a). ‘‘(3) Compensation for members of the Board (C) at no cost to the United States Govern- (d) DURATION OF AUTHORITY.—The authority of Contract Appeals shall be established by the ment. of the Secretary under this section may only be Commission’s supervisory board, except that (2) REQUIRED CONDITIONS.—The Secretary such compensation may not be reduced during a may not convey a vessel under this section un- exercised during the one-year period beginning member’s term of office from the level estab- less— on the date of the enactment of this Act. lished at the time of the appointment.’’. (A) the recipient pays consideration equal to SEC. 3604. CLEARINGHOUSE FOR MARITIME IN- (b) DEADLINE FOR COMMENCEMENT OF the domestic fair market value of the vessel as FORMATION. BOARD.—Section 3102(e) (22 U.S.C. 3862(e)) is determined by the Secretary; Of the amount authorized to be appropriated amended by striking out ‘‘, but not later than (B) the recipient agrees that any repair, res- pursuant to section 3601(1) for operations of the January 1, 1999’’. toration, or reconstruction work for the vessel Maritime Administration, $75,000 shall be avail- SEC. 3510. TECHNICAL AMENDMENTS. will be performed in the United States; able for the establishment at a State Maritime (a) PANAMA CANAL ACT OF 1979.—The Pan- (C) the recipient agrees to hold the Govern- Academy of a clearinghouse for maritime infor- ama Canal Act of 1979 is amended as follows: ment harmless for any claims arising from expo- mation that makes that information publicly (1) Section 1202(c) (22 U.S.C. 3642(c)) is sure to hazardous material, including asbestos available, including by use of the Internet. amended— and polychlorinated biphenyls, after the con- SEC. 3605. CONVEYANCE OF NDRF VESSEL EX-USS (A) by striking out ‘‘the day before the date of veyance of the vessel, except for claims arising LORAIN COUNTY. the enactment of the Panama Canal Transition before the date of the conveyance or from use of (a) AUTHORITY TO CONVEY.—The Secretary of Facilitation Act of 1997’’ and inserting in lieu the vessel by the Government after that date; Transportation may convey all right, title, and thereof ‘‘November 17, 1997,’’; and interest of the Federal Government in and to the H3552 CONGRESSIONAL RECORD — HOUSE May 20, 1998 vessel ex-USS LORAIN COUNTY (LST–1177) to an additional period of general debate, ignore his Secretary of State, the Di- the Ohio War Memorial, Inc., located in San- which shall be confined to the subject rector of the CIA and the Pentagon and dusky, Ohio (in this section referred to as the of the assignment of members of the to allow his campaign donors to help ‘‘recipient’’), for use as a memorial to Ohio vet- Armed Forces to assist in border con- China’s military. erans. Finally, maybe it was just an acci- (b) TERMS OF CONVEYANCE.— trol and shall not exceed 30 minutes, (1) DELIVERY OF VESSEL.—In carrying out equally divided and controlled by the dent when the President gutted the subsection (a), the Secretary shall deliver the chairman and ranking minority mem- Justice Department’s investigation vessel— ber. into the matter. If there is an innocent (A) at the place where the vessel is located on It shall be in order at any time for explanation, though, the American the date of conveyance; the chairman of the Committee on Na- people have not heard it yet. (B) in its condition on that date; and tional Security or his designee to offer The facts, as we know them, are (C) at no cost to the Federal Government. amendments en bloc consisting of deeply disturbing. What frightens, an- (2) REQUIRED CONDITIONS.—The Secretary may not convey a vessel under this section un- amendments printed in part D of the gers, and troubles me is that we do not less— report not earlier disposed of or ger- know all the facts yet. (A) the recipient agrees to hold the Govern- mane modifications of any such These are serious matters. China has ment harmless for any claims arising from expo- amendment. The amendments en bloc 13 missiles aimed at U.S. cities, and it sure to hazardous material, including asbestos shall be considered read, except that would be shocking if the President and polychlorinated biphenyls, after convey- modifications shall be reported, shall helped to make the missiles more accu- ance of the vessel, except for claims arising be- be debatable for 20 minutes, equally di- rate. Clearly, the American people de- fore the date of the conveyance or from use of vided and controlled by the chairman serve an explanation. Unless and until the vessel by the Government after that date; we get such an explanation, the Presi- and and ranking minority member of the (B) the recipient has available, for use to re- committee, or their designees, shall dent should postpone his scheduled trip store the vessel, in the form of cash, liquid as- not be subject to amendment and shall to China. sets, or a written loan commitment, financial re- not be subject to a demand for a divi- After receiving campaign donations sources of at least $100,000. sion of the question. from the People’s Liberation Army, (3) ADDITIONAL TERMS.—The Secretary may The original proponent of an amend- after associating with Chinese agents require such additional terms in connection with ment included in the amendments en and after changing U.S. policy to bene- the conveyance authorized by this section as the bloc may insert a statement in the fit the Chinese military, the President Secretary considers appropriate. CONGRESSIONAL RECORD immediately has no business jetting off to (c) OTHER UNNEEDED EQUIPMENT.—The Sec- retary may convey to the recipient of the vessel before disposition of the amendments Tiananmen Square to attend cere- conveyed under this section any unneeded en bloc. monies with China’s Communist lead- equipment from other vessels in the National The Chairman of the Committee of ers. To do so would be an insult to the Defense Reserve Fleet, for use to restore the ves- the Whole may postpone a request for a American people and those Chinese sel conveyed under this section to museum qual- recorded vote on any amendment and who lost their lives in the fight for de- ity. may reduce to a minimum of 5 minutes mocracy. The CHAIRMAN. No amendment to the time for voting on any postponed Mr. SKELTON. Mr. Chairman, I yield the committee amendment in the na- question that immediately follows an- myself such time as I may consume. ture of a substitute is in order except other vote, provided that the time for Last week, the Committee on Rules amendments printed in House Report voting on the first question shall be a received some 12 amendments dealing 105–544, or considered by order of the minimum of 15 minutes. in one form or another with China. House to have been so printed, and The Chairman of the Committee of Those amendments were combined and amendments en bloc described in Sec- the Whole may recognize for consider- fashioned into the four that we will ad- tion 3 of the resolution. ation of amendments printed in the re- dress here today. Except as specified in Section 5 of the port out of the order in which they are As a footnote question, however, I resolution, each amendment printed in printed, but not sooner than 1 hour would be interested in knowing the the report shall be considered only in after the chairman of the Committee source of the information that the gen- the order specified, may be offered only on National Security or a designee an- tlewoman just said regarding missiles by a Member designated in the report, nounces from the floor a request to being targeted toward us. I would ap- shall be considered read, and shall not that effect. preciate that in a timely fashion. be subject to a demand for a division of It is now in order to debate the sub- The two broad targets of these the question. ject of the policy of the United States amendments are, first, the administra- Unless otherwise specified in the re- with respect to the People’s Republic tion policy of engagement with respect port or in the resolution, each amend- of China. to China, and, second, the alleged im- ment printed in the report shall be de- The gentleman from Arizona (Mr. proper flow of U.S. technology to batable for 10 minutes, equally divided STUMP) and the gentleman from Mis- China. These four amendments are ei- and controlled by the proponent and an souri (Mr. SKELTON) each will control 1 ther redundant, Mr. Chairman, or sim- opponent of the amendment, and shall hour. ply counterproductive. not be subject to amendment, except The Chair recognizes the gentleman Let me first discuss the administra- that the chairman and ranking minor- from Arizona (Mr. STUMP). tion policy of engagement with China. ity member of the Committee on Na- Mr. STUMP. Mr. Chairman, I am A quarter century ago, President Rich- tional Security each may offer one pro pleased to yield 2 minutes to the gen- ard Nixon traveled to China initiating forma amendment for the purpose of tlewoman from North Carolina (Mrs. a new relationship with the world’s further debate on any pending amend- MYRICK). largest country. It is a relationship ment. Mrs. MYRICK. Mr. Chairman, per- that has evolved over the past quarter Consideration of amendments printed haps it is just a coincidence. Perhaps it century through six administrations, in part A of the report shall begin with is just a coincidence that the President Republican and Democratic. an additional period of general debate, turned a blind eye as one of his Over that time, we have seen China which shall be confined to the subject wealthiest campaign contributors make great strides economically as it of the policy of the United States with harmed our national security by help- adopted market reforms. The earlier respect to the People’s Republic of ing the Chinese improve their ballistic policy under President Nixon shifted China and shall not exceed 2 hours, warheads. during the Bush administration as the equally divided and controlled by the Maybe the President did not mean to Cold War came to an end. The strategic chairman and ranking minority mem- accept campaign donations from the component that brought the two coun- ber. Chinese Red Army at the same time he tries closer together in 1972, a mutual changed U.S. policy to benefit China’s concern about the Soviet threat, ended b 1215 missile program. upon the breakup of the Soviet Union. Consideration of amendments printed There may be an innocent expla- President Bush, the Nixon adminis- in part C of the report shall begin with nation for the President’s decision to tration’s first Ambassador to China, May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3553 understood the important role that here today rather than protect U.S. se- The cheapest launchers in the world China would play in world affairs as curity interests may actually tend to are the Communist Chinese; that is, the 20th Century drew to a close and harm them. The effort to coax China they will send up an American satellite the 21st approached. He realized that a along, to help those responsible figures built by Hughes or another American country with a quarter of the world’s in this government to proceed in a company on a pretty inexpensive basis population a country, with nuclear positive direction, will probably suffer atop a Chinese missile. The so-called weapons, a country having one of the if we succeed in bashing China today in ‘‘Long March’’ missile is the missile of five permanent seats at the United Na- an attempt to criticize administration choice. That Chinese missile that sends tions, a country successfully adopting policy. up satellites also is the same missile Western market reforms was a country The tenor of the amendments is to that has nuclear warheads on top of it that the United States had to engage. make judgments about important pol- that is aimed at American cities. The aim was to help China become a icy issues before we have all the facts. So we have a problem. We want to cooperative power in both Asia and the We need to deal with these important make sure that American companies, world, to have it become a responsible matters with great care and great de- in putting their satellite packages atop world power interested in promoting liberation. I will listen to each of the these Chinese Communist ‘‘Long stability, not promoting revolution. amendments with great care along that March’’ missiles, do not inadvertently U.S. and China relations over the line. I am afraid that we are not going show them how to make the missiles more than 25 years have had more than to be doing a great deal positively more reliable, more accurate, and have their share of controversies, over through this debate. I hope that I am a number of factors that would allow human rights, over trade imbalances, wrong. them to destroy American cities with Mr. STUMP. Mr. Chairman, I am and over proliferation. The two coun- nuclear warheads. We have this major happy to yield 10 minutes to the gen- tries will continue to have differences problem. tleman from San Diego, California (Mr. in the future. However, the overall ef- I asked for these charts to be placed HUNTER), chairman of the Subcommit- fect should be to establish a relation- over here because I think the charts tee on Military Procurement of the ship where those differences can be re- very effectively explain some of the Committee on National Security. duced and managed in such a fashion Mr. HUNTER. Mr. Chairman, I thank things that we have inadvertently that China sees it to be in its own in- the gentleman for yielding the time. I taught the Chinese rocket ministry; terest to promote a stable inter- want to say how much I appreciate the that is, the people in charge of destroy- national order. ing American cities in a time of war gentleman from Missouri (Mr. SKEL- The Clinton administration has con- how to make their missiles more reli- TON), the ranking member, for his com- tinued the Bush administration policy. ments in this area and for his stalwart able. Two years ago, relations between the support of what has been the policy of Let me just describe a few of those. two countries were at a low point, as the Committee on National Security in We talk about the launch of April 1990, symbolized by the Straits of Taiwan in- that, even in times of marked partisan- taught the Chinese why and how to cident. Since then, the relationship has ship in the House in recent years, one build clean rooms for satellite launch improved, with a new generation of bipartisan effort has been the effort by investigation and introduced them to leaders adopting policies more in keep- the Committee on National Security the need to protect fragile complex ing with those of a responsible world often resulting in unanimous votes in payloads against significant thermal power. the committee to halt the movement dynamic change. Last year’s October summit between of American technology, militarily b 1230 President Clinton and President Jiang critical technology; that is, technology Zemin marked a turning point. Recent In 1992 we confirmed the Chinese that could end up killing American analysis that the launch problem was actions seem to bear out this positive men and women on battlefields or kill- development. in engine control of the launcher’s first ing Americans in our cities, to keep stage rather than altitude control. In Last fall, for example, during the that technology from moving to those 1992 we gave them information relating Southeast Asia’s economic crisis, who might use it against us. So, Re- to the design of payload fairings. In China took measures to stabilize the publicans and Democrats, we have been May of 1995 we validated China’s solid situation. It provided Thailand a bil- together on this issue. lion dollar loan and resisted the temp- We have this very troublesome issue rocket satellite kick motor. This tation to devalue its currency. In fi- that the committee has battled with motor was still in development and had nancial circles, China earned high and now that the American people have only been tested once before with the marks for acting in a responsible fash- to battle with; and it is the issues that attitude-altitude controlled defective ion. are surrounding the transfer of sat- launch of a Pakistani satellite. It was Let us look at a more recent crisis, ellite launching technology to Com- a new system; we validated that sys- the Indian detonation of five nuclear munist China. tem. In 1996, 1997 and 1998 we validated weapons last week. Under Mao, China It has now become clear, we all know the Chinese upper stage separating was unconcerned about the spread of this now, that, in fact, a number of technology, and we shared vibration nuclear weapons. Chinese missiles are aimed at Amer- and load coupling analysis with them. One of the difficult issues that the ican cities. Those Chinese missiles Now, another very troubling thing Clinton administration sought to ad- have nuclear tips. It is in our interest happened in 1996. That is, one of the dress over the past five years has con- not to give those Chinese missiles more Long March rockets went down. They cerned the Chinese nuclear technology reliability. Because of our diplomatic are considered not to be the most de- relationship with Pakistan. efforts notwithstanding, we cannot pre- pendable rockets. It went down. It was After the Indian explosions we see a dict the future, and we cannot say ab- destroyed before it got very far off the China acting with great caution, as- solutely that those missiles will never ground, and it carried a Loral-Hughes suming a role of responsibility on this be launched against the cities that payload, an American satellite pay- difficult issue. It described the Indian they are presently aimed at. So we do load, worth a couple hundred million action as showing brazen contempt for not want those missiles to be reliable. dollars. So Loral and Hughes, to make international efforts to halt the spread We do not want them to be accurate. their stockholders happier, had to fig- of nuclear weapons. We would hope that, in a time of ure out how to make these missiles Recent newspaper accounts have the launch, they do not even have the ca- that carry them up into space more re- Chinese government trying to reassure pability to leave the ground. That liable. So they then engaged with the the Pakistani government so that it would be the best thing. Chinese scientists and engineers and does not feel compelled to meet the In- Juxtaposed against that national se- showed them how to make these mis- dian actions with nuclear tests of its curity concern is a commercial concern siles more reliable. That is the infor- very own. of some American companies, and that mation that we have right now. I say all this, Mr. Chairman, because is that they have satellites to launch Now, the problem is, it is very dif- I believe that the actions that we take and they want to launch them cheap. ficult to get more information from H3554 CONGRESSIONAL RECORD — HOUSE May 20, 1998 the administration. This committee, curate,’’ not thinking about the fact day of my professional life, being sworn the Committee on National Security, those were the same missiles that are in as a Member of the United States under the leadership of the gentleman aimed at American cities with nuclear House of Representatives. I was elected from South Carolina (Mr. SPENCE), and warheads. So we debriefed the Chinese as a Democrat from the State of Flor- the Committee on International Rela- engineers and scientists on the prob- ida. But far more important than being tions under the leadership of the gen- lems their missile had and on how they elected as a Democrat, even far more tleman from New York (Mr. GILMAN), could correct it. That is currently the important than being elected as a Flo- and I might say the ranking Democrats subject of an ongoing investigation. ridian, I was an American, an Amer- on both of those committees, has The gentleman from Nebraska (Mr. ican first and American only. And I sought information as to exactly what BEREUTER) is saying, wait a minute. came to this Congress with a devotion happened with respect to this informa- Let us not agree to any more and a respect of the principles of the tion sharing and this accuratizing of debriefings. We do not share tech- United States of America, for the basic the Chinese missiles. nology. When the guillotine is over our freedoms that we enjoy in our Bill of We do know this: The Department of head and sticking, we do not say we Rights. Defense has issued a statement after think we see your problem and we want Then I listened to debate after debate analyzing that debriefing and that in- to solve it for you. in this House, where I disagreed vehe- formation sharing, and they said this, The gentleman from Colorado (Mr. mently with the Speaker with respect which should be of interest to every HEFLEY) has an amendment. The to his policies on Medicare, or Social American mother and father. They said amendment would prohibit the export Security, or education or the environ- American national security has been or reexport of any missile equipment or ment, and I disagreed vehemently at damaged by this transfer of tech- technology to the People’s Republic of times with the direction that the Re- nology. China. publican leadership of this Congress We are trying to find out exactly This says listen, let us put the brakes wishes to take this Nation. what was transferred, what happened, on. We have made a major mistake. But never would I dare, never would what reliability that is going to give to Our own Department of Defense under I dare question the patriotism and the these nuclear systems that the Chinese the Clinton Administration has said devotion to this country of the Speaker have, and we are not getting any an- national security has been damaged. or any Republican Member of the Con- swers. Let us stop everything and try to fig- gress. Never would I dare suggest that Against that backdrop, we are offer- ure out exactly what has happened and a Republican Member of this Congress ing four amendments today. The gen- what we can do to rectify it. An excel- has any less love for this country than tleman from South Carolina (Mr. lent amendment by the gentleman I do, because I may differ with him on SPENCE) and the gentleman from New from Colorado (Mr. HEFLEY). a policy, and I am confident that most York (Mr. GILMAN) are offering an Finally, I have an amendment that Americans appreciate that those people amendment that expresses the sense of prohibits the export or reexport of U.S. who are elected to this Congress, re- the Congress that business interests satellites, including commercial sat- gardless of their political beliefs, and must not be placed over U.S. national ellites and satellite components to the those few individuals in our history security interests, I think every Amer- People’s Republic of China. This says that have been so privileged to lead our ican would agree with that, and that the lives of our children, the safety of Nation as our President, have anything the United States should not agree to a our cities, are more important than the but a complete devotion to our country variety of initiatives at the upcoming shareholders seeing their stock go up a and our national security. presidential summit in China, includ- few points because they have sent the Yet, in the last months we have seen ing, and these are some of the things capability to deliver weapons of mass extraordinary allegations thrown at we think our administration may be of- destruction into our own American cit- this President. Not simple allegations, fering China, support for Chinese mem- ies. but allegations that rise to the level of bership in the missile technology con- Now, the administration needs to be being involved in a murder plot, allega- trol regime; a blanket waiver of forthcoming. They need to send us in- tions rising to the level of being in- Tiananmen Square sanctions; an in- formation on exactly what happened volved in a rape, allegations involving crease in space launches from China; when we had this Loral and Hughes de- at one time or another almost every agreeing to unverifiable arms control briefing of the Chinese engineers and crime imaginable. initiatives; increasing the level of mili- scientists in 1996. They need to send us But the height was reached this week tary-to-military contacts; and entering information on exactly what the situa- when Members of this House accused any new agreements involving space or tion is with respect to the new capabil- the President of the United States and missile-related technology. ity of the Chinese missiles as a result the administration of acting in a trea- That amendment is being offered by of that. sonous fashion, of endangering the na- the gentleman from South Carolina I think until they do that, they do tional security of the United States. (Mr. SPENCE) and the gentleman from not deserve to have us allowing them And over what? What evidence is pre- New York (Mr. GILMAN). I think every to move forward with American compa- sented? Member should vote for that. nies continuing to send American sat- Taken in its most simplistic form, We have the gentleman from Ne- ellites and interacting with the very the allegation is the Chinese Govern- braska (Mr. BEREUTER) offering an people in the launch program in com- ment sent some money, a significant amendment. This amendment would munist China who work both with do- amount of money, $100,000, to the na- prohibit U.S. participation in any mestic satellites, sending those sat- tional Democratic Party, and then the postlaunch failure investigation in- ellites into space, and who work with President made a foreign policy deci- volving the launch of a U.S. satellite preparing nuclear-tipped missiles for sion where he said, ‘‘There is the from China. launch at American cities. This says, money. Now we are going to send some The gentleman from Nebraska (Mr. let us hold everything up until we missile technology to China that will BEREUTER) very wisely is addressing shake this thing out. endanger the United States, that will the very occurrence that we just talked So we are offering those four amend- create a nuclear proliferation pro- about. We had a big American payload ments. I would hope that Democrats gram.’’ of a $200 million satellite on top of a and Republicans all vote for those Let us look at the specifics of the al- Chinese missile. The missile went amendments. This should be a time of legations. The money in question, the down, so the $200 million satellite was reorganization and reexamination. alleged money, did not wind up in the destroyed, did not get launched. So Mr. SKELTON. Mr. Chairman, I yield Democratic coffers until July and Au- Hughes stockholders and Loral stock- 5 minutes to the gentleman from Flor- gust of 1996. But what the accusers holders said, ‘‘We need to get more ida (Mr. WEXLER). failed to say is the President issued the money. We have just lost $200 million. Mr. WEXLER. Mr. Chairman, almost waiver in March of 1996. And what the We need to help the Chinese accuratize a year and a half ago I received and accusers failed to say is that the their missiles and make them more ac- began for me what was the proudest money was then given back after it was May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3555 given, and then after the money was Defense. Hopefully that is not part of a massive destruction with as many as 10 given back, another waiver was issued. right wing conspiracy, I would say to targets from one single rocket. If you listen to the accusers, you my friend who just spoke. That MIRV capability is something would think President Clinton dreamed ‘‘In May 1997 the administration was that we were hoping that the Chinese up this idea of waivers. No, the first jolted by a classified Pentagon report would not obtain, because they do not waivers were given by President Bush, concluding that scientists from Hughes have too many ICBMs, and we were and President Bush decided it was in and Loral Space and Communications hoping that they would not get the ca- our national interest to allow Amer- had turned over expertise that ‘signifi- pability to have more than one nuclear ican companies to send off their com- cantly improved the reliability of Chi- warhead per missile, because it is very munications satellites because there na’s nuclear missiles.’ ’’ That is the difficult to handle, if we ever do get de- were not enough American rockets New York Times, April 13, 1998. Our De- fenses, to handle 10 warheads coming going up to do so. partment of Defense said American se- out of each missile. But they have got- These were communication sat- curity has been damaged. That is what ten some of that technology from our ellites. And if you listen to the allega- we are concerned about. commercial satellite application. tions, you would think we just handed I think what we are going to have to A second area where they desperately them to the Chinese, when in fact it do, both Republicans and Democrats, is needed capability in their nuclear stra- was American companies that handed when we have colleagues that come in tegic arsenal and they got that as a re- them to our Department of Defense. It and start ranting about the money, is sult, or got some help as a result of was the American Department of De- very firmly but quietly push them their interaction with our satellite fense that transported the satellite, aside to get their part of the debate people, is kick motor technology. Kick the American Department of Defense over, and then go into what really con- motors are used to propel satellites that put the satellite in its proper cerns the American people, and that is precisely into their described orbits. place, and it was guarded the whole this: that we have two conflicting pres- This same technology can be applied to way by the American Department of sures here. We have the pressure of our warhead delivery systems to enable Defense. domestic satellite industry, like them to evade ballistic missile defense Let us get down right to the bottom Hughes and Loral, that wants to sell systems. line of the argument, that money was things and make money; and they Radiation-hardened electronics. given and a political decision made. If make money by taking advantage of These specialized chips are designed to that is in fact the case, then all of us the cheap launch that the Chinese offer resist electromagnetic interference in in Washington need to be brave and by putting their satellite packages on space as well as electromagnetic pulses stand up and admit that all of us are top of Chinese missiles. That is the one in a nuclear combat environment. guilty then, because whenever there is factor, the one pressure. Encryption devices. In both commer- a contribution given, we will act on the The second pressure, of course, and a cial and military applications, contribution and do what the contribu- concern of ours, is national security. encryption devices allow only author- tor said. And yes, yes, then it happens Because those very same missiles that ized users to control the system. every day. And then, yes, it would carry the domestic satellite launches Launcher altitude control, another seem it would be legitimate to argue that we make money on, and Loral and vital area. Stage separation systems, a that because the tobacco companies Hughes, also carry nuclear-tipped mis- very critical area for launching suc- have given millions to the Republican siles that are presently aimed at the cessful, making successful missile party, that is why they are giving them United States, and conceivably in a launches, whether one is launching a tax breaks. conflict the reliability of those mis- satellite or launching a nuclear pay- But I would not dare suggest that siles to carry its nuclear payload into load. nexus, because I would not have the au- American cities should be something of So let me just close by saying this. dacity to suggest that another Member great concern to us. This committee, Democrats and Repub- of Congress is corrupt or is corrupted. licans, looked at this issue several b 1345 And for Members of this Congress to years ago. We were asked to place this suggest that the President of the That is what we are talking about satellite launching technology, the li- United States has in some way endan- here. censing for this technology, to move it gered our national security, without a If I could have that second chart over out of the control of the Department of single shred of evidence, is there a sin- here, let us talk about that for just a Defense, the overview of the Depart- gle shred of evidence that suggests that second. Incidentally, I have never ment of Defense and the Department of this President took the money, knew heard of the New York Times being State. what he was doing, and then said, send called part of a right-wing conspiracy. Typically, the Department of Defense the missile, send the satellite to be on I hope they have not changed over- has always been very tough on allow- the missile because of the money? Not night. But I think this chart is pretty ing this technology to go overseas. A a single shred of evidence. It is treason- descriptive because it tells how, in lot of the users like Hughes and Loral ous, they say, without a single shred of working out commercial launches, in wanted to move it into the Department evidence. doing commercial launches in China, of Commerce, where the object is to Mr. STUMP. Mr. Chairman, I yield 7 we are inadvertently increasing the ca- sell things and make money, where minutes to the gentleman from Califor- pability of their nuclear strategic sys- they thought they would be given a lit- nia (Mr. HUNTER). tems. tle more liberal license to transfer this Mr. HUNTER. I thank the gentleman Payload dispersal technology. Pay- technology to China. This committee for yielding me time. load dispersal technology allows single fought that, and we had a vote in this Mr. Chairman, I am kind of surprised commercial rockets to deliver more committee, Democrats and Repub- at the gentleman’s tirade here, because than a single satellite into space per licans. As I recall, and I could be this gentleman never mentioned each launch. The same technology can wrong, it was unanimous, except for I money, never mentioned treason, rare- be used to develop Multiple Independ- think either 1 or 2 votes. It was almost ly mentioned the President. And when ently-targetable Reentry Vehicles. We unanimous, Democrats and Repub- I went over the litany or the chro- talked about those in the Cold War on licans, and in fact, one of the leaders nology of missile launches, I started this floor. Those are known as MIRVs. on the Democrat side was Mr. Dellums, with the Bush Administration in 1990. A MIRV is when we send one missile and the gentleman from South Caro- This is a Committee on National Se- up, one missile, and when it gets to a lina (Mr. SPENCE) was our leader on the curity. We are not worried about where certain altitude when it is over Amer- Republican side. the money came from or what it did or ican cities or over another military So this is not a partisan issue, this is whether there was influence. What we target, it disperses 3 or 4 or 5 or as not about money, this is about secu- are concerned about, very simply, is many, in the case of the Soviet Union, rity, and we need to pass these 4 this statement, this statement made as many as 10 warheads to different amendments, put this whole transfer of by President Clinton’s Department of targets, so it can usher in absolutely satellite technology on hold until we H3556 CONGRESSIONAL RECORD — HOUSE May 20, 1998 have sorted this thing out, figured out ity. The necessary export license for in question is only one in a series of ex- how much damage has been done to the this information was neither sought amples of this administration’s easing American people and go from there. nor obtained by the American compa- of restrictions on the export of mili- Mr. SKELTON. Mr. Chairman, I yield nies in question. The transfer of this tarily sensitive United States tech- myself such time as I may consume. sensitive information reportedly led nology to China. Let me add some facts. One can have the Department of Defense to conclude Last year at this time, the House one’s own opinions, but one cannot that ‘‘United States national security voted overwhelmingly and on a biparti- have one’s own facts. Let me add a few has been harmed,’’ and resulted in the san basis to close a loophole in the ad- of the facts. It is my understanding Justice Department initiating a crimi- ministration’s export control policy that in response to a letter from the nal investigation. that allowed the transfer of super- gentleman from South Carolina (Mr. Unfortunately, this investigation was computers to, among others, Chinese SPENCE), the chairman, that was sent undermined when the White House ap- institutes involved in the research and to various officials here in this city parently, over the objections of the development of ballistic missiles. This seeking the secret DOD report was re- Justice Department earlier this year, year, Congress is once again faced with sponded to by 3 folks, one from DOD, approved the export to China of similar the need to close another loophole in one from the ACDA, and the other from military-related technology. In light of current export law and we should act Justice, that there is an ongoing crimi- a recently reported CIA study that con- immediately. nal investigation by the District Attor- cludes that China has targeted 13 long- While I recognize that much still re- ney of the District of Columbia, and range nuclear missiles on the United mains to be learned about this latest the turnover of any evidence on this States, the danger of helping China controversy, the urgency of the export matter might jeopardize the case. perfect its missile capability with tech- issue itself requires the Congress to act Mr. Chairman, being a former pros- nology ‘‘Made in the USA’’ is appar- decisively and quickly in an attempt to ecuting attorney in the State of Mis- ently obvious to just about everyone ensure that no further damage is done except the White House. souri, I fully understand that response. to our national security. Moreover, I Last month, the gentleman from New I think that the facts should be clear believe that Congress should be heard York (Mr. GILMAN), the chairman of loud and clear before the President on that issue. the Committee on International Rela- Mr. Chairman, I reserve the balance travels to China next month. tions, and I jointly sent letters to the For this reason, I ask my colleagues of my time. Departments of Defense, Commerce Mr. STUMP. Mr. Chairman, I yield 5 to support the amendments offered. and State and the Arms Control and minutes to the gentleman from South Mr. SKELTON. Mr. Chairman, may I Disarmament Agency requesting docu- Carolina (Mr. SPENCE), the chairman of inquire of the Chair as to how much ments relating to the 1996 transfer of time each side has remaining? the Committee on National Security. technology and the White House’s more (Mr. SPENCE asked and was given The CHAIRMAN. The gentleman recent 1998 decision to waive restric- permission to revise and extend his re- from Missouri (Mr. SKELTON), has 48 tions on the transfer of similar tech- marks.) minutes remaining, and the gentleman nology to China. The Committee on Mr. SPENCE. Mr. Chairman, later from Arizona (Mr. STUMP), has 34 min- National Security is intensely inter- today the House will have an oppor- utes remaining. ested in reviewing the Defense Tech- tunity to vote on a series of amend- Mr. STUMP. Mr. Chairman, I yield 3 nology Security Administration report ments that address recent revelations minutes to the gentleman from Califor- on the 1996 transfer, which concluded nia (Mr. CUNNINGHAM). concerning the possible illegal transfer that the transfer did harm United of sophisticated American missile tech- Mr. SKELTON. Mr. Chairman, I yield States’ national security. Unfortu- 1 minute to the gentleman from Cali- nology to China. I urge my colleagues nately, one month later, and not one to consider this issue carefully and to fornia. document has been provided. The ad- The CHAIRMAN. The gentleman support these amendments. ministration asserts that releasing from California (Mr. CUNNINGHAM) is Over the past few days and weeks, these documents to Congress would recognized for 4 minutes. the American people have witnessed a compromise its ongoing criminal inves- Mr. CUNNINGHAM. Mr. Chairman, flood of news articles about the deci- tigation. In reality, the administration there is nobody in this House on the sions 2 years ago and again earlier this appears to be hiding behind the veneer other side of the aisle that I respect year by the Clinton administration to of a Justice Department investigation more than my colleague, the gen- allow the transfer of sophisticated that the White House’s own decision tleman from Missouri (Mr. SKELTON). American satellite technology to earlier this year is likely to have al- He knows that that is true. China, technology that can be used to ready compromised. White House treason? No. But I improve Chinese ballistic missiles tar- Mr. Chairman, the United States sat- would say to my colleague, I think geted on the United States. ellite industry has long supported a re- that there has been some very poor de- While many important aspects of laxation on restrictions on the export cisions made, decisions that should these reports and allegations remain of satellites and satellite-related tech- concern every American family. It is unclear, the administration is doing nology in the name of making money. not just in the China issue, it deals little to help clarify the situation, as Unfortunately, much of this tech- with foreign policy, it deals with na- repeated requests by the Congress for nology is indistinguishable from the tional security that in my estimation, information continue to be ignored. missile-related technology. The admin- our defense forces are the worst off Nevertheless, that which we do know is istration, nevertheless, liberalized the than I have seen them in 30 years that deeply troubling. Although sanctions export of certain satellites in 1996 by I have been associated with it. imposed on China in 1990 at the removing them from the strictly con- b Tiananmen massacre were intended to trolled United States munitions list 1300 prevent the transfer of missile tech- and placing them on the less restricted That is both from taking money out nology to China, those sanctions have dual-use commodity control list ad- of defense, and the deployments that repeatedly been waived to allow the ex- ministered by the Commerce Depart- take money like Haiti, Somalia, Bos- port of United States satellites con- ment. This decision was a fundamental nia, that take money out of the oper- taining militarily-sensitive tech- reversal of the position articulated by ation and maintenance, already out of nology. Vice President Candidate Gore during a low budget. I think those kinds of de- In 1996, 2 American companies par- the 1992 election campaign. He warned cisions are made when you surround ticipated in a review of a failed launch that allowing the launch of United yourselves with very left-wing oriented of a U.S. satellite on a Chinese rocket. States satellite by China would allow members of your cabinet and staff, like As a result of this investigation, sen- that country to ‘‘gain foreign aero- Strobe Talbott. The decisions that you sitive export control information was space technology that would be other- make, you need people there that have exchanged, information that could be wise unavailable to it.’’ some kind of sense of what is good. used by China to improve its long- Mr. Chairman, the transfer of sat- Let us face it, China is not the same range nuclear ballistic missile capabil- ellite and missile-related technologies China it was 20 years ago. There have May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3557 been a lot of changes in China. I would side the beltway here. They have is why a full-scale investigation needs tell the gentleman from Missouri (Mr. launched six Typhoon Red October to take place. That is why witnesses SKELTON), today China is still one of class submarines. It is a very dan- who want to talk need to be immu- the biggest threats the United States gerous world. Yet, my colleagues on nized. faces. So is the former Soviet Union. the other side say, well, the Cold War My colleagues on the other side of They are not our friends. We have to is over. the aisle need to be patriots first and keep working in that direction, but The Cold War is not over, and when politicians second, patriots first and they are very, very dangerous. we are giving potential enemies like politicians second, because the secu- It is like a pit bull that you put in- China and Russia technology, that rity of the United States is at risk and side a fence to guard you at night. You should be a concern of every Member in at stake. I urge them to vote with me would not let that pit bull out to play this body. I know it is for the gen- for immunity, for the sake of this with your children. That is what we are tleman. It is not an issue on treason, it country. doing by this technology transfer to is an issue on national security, and Mr. STUMP. Mr. Chairman, I am China. China shipped chemical and bio- one that I think that both sides of the happy to yield 3 minutes to the gen- logical weapons to Iran and Iraq. aisle ought to stress, and we ought to tleman from New York (Mr. GILMAN), That is one of the reasons we are in look forward to it. the chairman of the Committee on Iraq right now, because COSCO, the Mr. STUMP. Mr. Chairman, I yield 3 International Relations. Chinese shipping company, is right out minutes to the gentleman from Indiana (Mr. GILMAN asked and was given of China, owned by the PLA, the same (Mr. BURTON). permission to revise and extend his re- company that the alleged allocations (Mr. BURTON of Indiana asked and marks.) went forth with the money, but yet, we was given permission to revise and ex- Mr. GILMAN. Mr. Chairman, I thank turn over Long Beach Naval Shipyard tend his remarks.) the gentleman for yielding time to me. to them at the President’s insistence. Mr. BURTON of Indiana. Mr. Chair- Mr. Chairman, I am pleased to rise in That is wrong, and that is a poor deci- man, the point of all this is, was our strong support of the legislation before sion. That is letting them in our back national security jeopardized because us today, and the amendments we will door when they are dealing with chemi- of campaign contributions coming shortly consider specifically relating cal and biological weapons and then from Communist China? Was a tech- to the curbs on the export of tech- missile technology. nology transfer made that endangered nology enabling China to improve the The second thing, the nuclear trig- the security of the people of this coun- reliability of its nuclear weapons deliv- gers to Iraq, right in San Diego, my try by giving MIRVing technology, so ery systems. own city, Iraq tried to steal out nu- they can hit several cities with one In 1992, when then candidate Clinton clear components. Yet, China is ship- rocket, for campaign contributions? attacked President Bush for coddling ping to those countries. That is dan- Let us look at the facts. Johnny dictators, including those who ordered gerous. Yet, we enhance their ability Chung has told investigators that he the massacre of pro-democracy dem- on missile technology? That is wrong. received $300,000 from Liu Chaoying. onstrators at Tiananmen Square, few I would tell my friend that both for- Who is Liu Chaoying? Liu Chaoying is could have imagined how President eign policy decisions, and I would in- a lieutenant colonel who is also an ex- Clinton’s administration would face clude the United States Marine Corps ecutive, an executive of China Aero- charges of compromising our national in Lebanon, I think that was very poor space. She is a lieutenant colonel in security at the hands of the same Chi- policy under a Republican President, the Red Chinese army. Her father was nese leaders. trapping our marines there and not let- the top military commander of the en- Yet, in May of 1997 a highly classified ting them fight back. tire Red Chinese army. He is a senior Pentagon report has reportedly con- Mr. SKELTON. Mr. Chairman, will member of the Communist party in cluded that scientists from two leading the gentleman yield? China. American satellite manufacturing Mr. CUNNINGHAM. I yield to the She gave $300,000 to Johnny Chung to firms, Loral Space and Communica- gentleman from Missouri. give to the Democrat National Com- tions and Hughes, provided expertise Mr. SKELTON. Mr. Chairman, all I mittee. They do not do that for their that significantly improved the guid- want to point out is that in our com- health. You do not give money to a for- ance and reliability of China’s nuclear mittee there was an amendment that eign government or a foreign campaign weapons delivery systems. passed overwhelmingly against the for your health. There was a reason be- I am concerned that in their desire to COSCO Chinese company taking over hind it. promote the commercial interests of Long Beach. I think that was impor- We believe there were other contribu- key U.S. companies, that this adminis- tant. tions of this type that came into the tration might have compromised its Mr. CUNNINGHAM. I am aware of Democrat National Committee, and own efforts to limit the spread of mis- that. I thank the gentleman for that. other campaigns in the United States sile technology to China, which re- That was a good decision by the com- of America. In fact, I am sure of it. I mains today as the leading exporter of mittee, but I think a very poor decision am sure of it. What were these monies the weapons of mass destruction by the White House, as I am trying to for? We know that this technology around the world. point out. transfer took place. We know that the As the President prepares to go to Foreign policy, like the extension of Justice Department was investigating China and to visit the very same Somalia, where we changed from going it. We know that the President of the square where protesters were killed humanitarian to going after General United States gave a waiver so this some 9 years ago, he must be mindful Aideed, and then drawing down our technology could go forth. that any efforts to permanently waive forces, and our military asked for Was there a connection? Was our na- these sanctions could further under- armor, we do not give it, and we lose tional security jeopardized because of mine our national security, and clearly people; Haiti could have sat there in these campaign contributions and be- give the Chinese the message that our my opinion for another 200 years. But cause of this technology transfer? policies on the spread of weapons and all of those cost billions of dollars, and These are things the American people human rights abuses could be reversed we are taking money out of defense to have a right to know, because every by commercial considerations. pay for them. We cannot even get an man, every woman, and every child in As he prepares for his summit meet- FEHBP bill for veterans, and we pay the future may be jeopardized because ing with Chinese officials, President $16 billion for Haiti and Bosnia. Those of these decisions. Clinton should leave the bag of carrots kinds of decisions, is what I am telling Was it treason? I do not know. I hope at home. There should be no conces- my friend, I believe are wrong. not. I do not believe it was. I hope not. sions, no deals, no permanent waivers, Russia is a threat. Under the Ural Was it incompetence? Maybe. Was it no new technology or science agree- Mountains, the gentleman has seen the because of greed for campaign con- ments, and most importantly, no intelligence reports, they are building tributions? Possibly, and maybe likely. shoehorning of China into a missile a first strike nuclear site the size of in- But we need to have the answers. That technology control regime that they H3558 CONGRESSIONAL RECORD — HOUSE May 20, 1998 have been busy violating over the past deeply troubling questions. I believe lutely no one wants it. Basic training decade. Congress now needs to do two things: is a time to build trust and camara- In light of the fact that the President First, it needs to go on record in oppo- derie. It is a time to solve problems is unwilling to suspend the export of sition to the kinds of technology trans- while there is ultimate control over American satellites to China pending fers that have recently made headlines. them. Right now I do not see what the the outcome of the ongoing criminal We have that opportunity today. I hope problem is. investigation, Congress should appro- all of my colleagues will support the The military is not having a woman priately consider amendments to the amendments before us. problem. In my opinion, it is more of a bill which will effectively curtail the Second, Congress needs to look into man problem. It is no longer the men export of these items. Accordingly, I these questions. Allegations have been at the top of the Department of De- urge our Members to support the made that the administration acted in- fense. General Shalikashvili, Secretary amendments which will be before them appropriately. The administration has Cohen, all of them have called for inte- today. denied wrongdoing. Mr. Chairman, the grated training. The problem is with Mr. SISISKY. Mr. Chairman, I yield American people should know the the men who are controlling this myself 2 minutes. truth. The administration should have House, the Republican leadership. Mr. Chairman, it is very interesting, the opportunity to explain its actions. Men and women must train as they listening to this debate. I really was I would hope, however, that any ini- fight. You cannot solve a social prob- not going to get into it. But the pre- tiative to look into these issues will lem with a logistical maneuver. Right vious speaker, not the gentleman from occur in an atmosphere devoid of the now, as I am speaking, men and women New York (Mr. GILMAN), but the pre- kind of partisan bickering that we have are fighting together in Bosnia defend- vious speaker to that, just dropped a seen elsewhere in this Congress re- ing freedom. I do not believe that di- few words in there that kind of trig- cently. There are very important na- vide and conquer, which they are try- gered me off to jump to my feet. tional security issues involved here, ing to do with this maneuver, will He did not accuse anybody, but he not the least of which is the relation- work here. Separating the sexes during said, is it not treasonous? He dropped ship between our Nation and the basic training would be a tremendous that word. Is it incompetence? He world’s most populous state, which is mistake, a rollback. It creates an at- dropped that word. Is it greed? And also a nuclear power. mosphere of distrust and may affect then had the audacity to say, I would We need to consider these matters military readiness. I hope that this Congress will refuse tell that side, be patriots first and poli- with sobriety and a judicious tempera- in the conference committee to accept ticians second. ment. The right time to begin to sort this rollback to segregate women and This is what is wrong with this de- out these issues is today. I urge my bate. I do not really understand. This men in the Armed Services. colleagues to support the amendments Mr. STUMP. Mr. Chairman, I yield 2 is a political debate, this is not a de- before us. minutes and 30 seconds to the gen- bate about China. Everybody under- Mr. SISISKY. Mr. Chairman, I yield 3 tleman from California (Mr. ROHR- stands the investigation that is going minutes to the gentlewoman from New ABACHER). on. It is funny, I have not seen any- York (Mrs. MALONEY). Mr. ROHRABACHER. Mr. Chairman, thing. I have read it in the papers. Mrs. MALONEY of New York. I I rise in strong support of these four Now, maybe our committee should be thank the gentleman for yielding me amendments. My colleague from Vir- the one that investigates this, because the time, Mr. Chairman. ginia a few moments ago asserted that it is national security. Mr. Chairman, really, only in a Re- this is, this has been turned into a de- But please, let us bring ourselves up publican-led Congress could we have bate that is a political debate rather to a higher debate. Do not question the women serving all over the world de- than a debate about China. I hope that other side’s patriotism. That is the fending our country and have back those who read this account in the wrong thing to do. here this Congress rolling back their CONGRESSIONAL RECORD will remember Mr. STUMP. Mr. Chairman, I yield 2 rights of equality of treatment in the and take that remark and put it into minutes to the gentlewoman from military. perspective. Florida (Mrs. FOWLER), a member of I refer specifically to the segment of It seems that every time that alleged the committee. this bill that will roll back women to wrongdoing by this Democrat Presi- (Mrs. FOWLER asked and was given segregated training. I do not know any- dent is challenged or investigated, it permission to revise and extend her re- one who supports this except the Re- becomes political. There is no person marks.) publican leadership. Three of the four so pure or so consistent enough in his Mrs. FOWLER. Mr. Chairman, I rise branches of the armed service do not past behavior to investigate this Presi- to express my grave concern about want it, the trainees do not want it, all dent of the United States in charges these recent revelations concerning the the experts have recommended against that he may have done something that transfer of missile and other tech- it, and I am honestly not sure why we endangers the national security or was nologies to the Peoples’ Republic of are being forced to consider, in this in some way corrupt. And given that China, and to express my support for legislation, legislation that would seg- reality to the Members on the other the package of amendments we will be regate the men and women of our side of the aisle, they feel absolutely taking up shortly. Armed Forces. justified in obstructing and dragging I have been tracking issues relating b 1315 out and confusing any type of inves- to the transfer of critical technologies tigation into this President’s activi- to the Peoples’ Republic for some time. Earlier today and last night in a bi- ties. I must tell my colleagues that allega- partisan way, the Women’s Caucus It is becoming clear to the American tions regarding missile technologies asked for a bipartisan amendment that people that something has been done are only the latest in a long series of would strike this language from the when it comes to our relations with very questionable transfers. bill. Our amendment was not placed in China. Something terrible has hap- Previously, U.S. firms have trans- order. I cannot understand why they pened. Every man, woman and child in ferred supercomputers, production would not even allow a floor debate on this country may have been put in hardware that would enable the Chi- this or a vote on this issue. I guess jeopardy because American technology nese to build intercontinental bombers they think that they know that we could well have been transferred to the and missiles, gas turbine technology, would win. Communist Chinese in order to perfect and much more. Some of these sales Another problem with it is that we their nuclear weapons delivery sys- have been explicitly authorized by this allocated last year $2.2 million to set tems. administration. Others have occurred up a commission to study this and What does that mean to the Amer- because of gray areas in the law which other things. We have not even gotten ican people? It means that all of us are need to be addressed. the results of this commission. The going to be put at risk if we are ever to Allegations that campaign contribu- Army says that it will cost them $159 confront the Chinese when they com- tions may have influenced policy raise million to implement it, when abso- mit aggression or become belligerent May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3559 or do things that threaten our national from perhaps a slightly different point Let us work this problem on that security in the future. Now, perhaps of view. I offered an amendment or I basis. Walk through this thing, find because American technology has been asked that an amendment be made in out how much damage was done to transferred to these Communist Chi- order by the Committee on Rules American security and how we can stop nese that enable them to launch their which I am terribly disappointed was it from further eroding. nuclear weapons at us more effectively, not. It has to do with Hong Kong and Mr. STUMP. Mr. Chairman, I yield all of us are going to be put in jeop- transfer through Hong Kong of tech- such time as he may consume to the ardy. This is not a political issue. This nology to China. There are currently gentleman from Pennsylvania (Mr. is a national security issue, just as all two separate sets of export laws that WELDON). of those other issues were legitimate in apply to China and Hong Kong. Every- (Mr. WELDON of Pennsylvania asked being investigated. one here knows that in 1997, Hong Kong and was given permission to revise and I will say this, those other investiga- came under the rule of China. And yet extend his remarks.) tions, if they would not have been ob- we continue to have these two separate Mr. WELDON of Pennsylvania. Mr. structed, if they would not have, if sets of laws. Chairman, I want to thank first of all there was not intentional efforts being So this morning in a Joint Economic my good friend the gentleman from Ar- made to confuse the issues in those in- Committee hearing, we asked some izona (Mr. STUMP) for his leadership vestigations, the public would have un- very knowledgeable witnesses, who, and for my good friend, the gentleman derstood the importance of those issues frankly, are associated or have been as- from Missouri (Mr. SKELTON) for his as well. But this is too important to let sociated with the CIA, whether our leadership. This is truly a bipartisan politics get in the way, and it is not concerns are valid on this issue. I committee, and this is truly a biparti- politics coming from this side of the would say to the well meaning Mem- san bill. And this effort aimed at China aisle. It is politics which is preventing bers of the Committee on Rules who and our concerns on proliferation is a the American people from learning the may be listening, I think they made a bipartisan concern. truth when eight members of the mistake on this issue because witness I, like my colleagues, will attest to Democratic Party prevent witnesses after witness has said that these con- the fact that Members on the other from testifying in our investigation in cerns are valid. This came to my atten- side have been equally aggressive to one of our own committees. tion, Mr. Chairman, because of a con- Members on our side in focusing on the I strongly support this and the Amer- tractor wanting to transfer a weapons proliferation problem. There has not ican people deserve to know the truth, system which, if it had not been for been a division that is a political divi- whether they have been betrayed or some of us here sitting here now, would sion. In fact, we have been very much not. have never been a reality, a modified united when it comes to proliferating Mr. SISISKY. Mr. Chairman, I yield version of a weapons system trans- activities, not just by China but also myself such time as I may consume. by Russia and other entities, North It is obvious that the gentleman does ferred to Hong Kong, presumably even- Korea and so forth. not know this gentleman very well, tually to be transferred to China. Our amendment was not made in I also rise to say that I have been one and we do not. But I can tell him this, order, and I am terribly disappointed who has supported the President on those who know me know that I think by that. But we will have other days China policy. I voted for MFN. In fact, this is a very serious problem, if it is and other forums on which to make in the last session of Congress, I took true, an extremely serious problem. two delegations to China. I was the The thing that bothers me is painting those points. Mr. STUMP. Mr. Chairman, I yield 2 first policymaker from this country to everybody, to keep referring to this minutes to the gentleman from Califor- be asked to address a group of mid- side. Why? We may have some liberals nia (Mr. HUNTER). level officers in the PLA at the Na- over here, we may have some mod- Mr. HUNTER. Mr. Chairman, I just tional Defense University in Beijing. erates, we may have some conserv- wanted to reiterate to my friend the Twice I interacted with them. Twice I atives, but I do believe one thing, we do gentleman from Virginia (Mr. SISISKY) discussed with them our concerns have patriotism over here. We do care that one of the great things about the about proliferation and our concerns about our country, and I know this Committee on National Security over gentleman cares about his country. about our security relationship. The only reason that I mentioned the last couple of years has been that I plan to go back to China again this those other facts are the words, the despite our strong debate, especially on year. I believe in the policy of engage- words out there. That is the only rea- strategic systems on the House floor, ment with China. But I rise today to, son. Let us keep this debate on a high and I admit I am often a partisan in in the strongest possible terms, relate level. I can assure the gentleman from that debate with respect to the Strate- to our colleagues in this body that we California that this gentleman would gic Defense Initiative and other initia- have a problem. The proliferation that want to investigate anything that has tives that I think have been given has continually taken place by China to do with nuclear weapons. short shrift, we have always been to- and also by other nations, especially Mr. STUMP. Mr. Chairman, I yield 2 gether on technology transfer. We have Russia, has got to be stopped. minutes to the gentleman from New been very close on that, and we have Mr. Chairman, the problem is over Jersey (Mr. SAXTON). kind of held the line against other in- the past several years, it actually was Mr. SAXTON. Mr. Chairman, I would terests, particularly against commer- not just under this administration, to like to say to my friend the gentleman cial interests, because there is that some extent it was done in previous ad- from Virginia (Mr. SISISKY) that he and compelling interest in commercial op- ministrations, in looking at our arms I and the gentleman from California erations to press the advantage, to control agreements that are the basis (Mr. ROHRABACHER) are on the same make that last sale, even though it of our bilateral relationships with Rus- side. There is no question about it. We may be militarily critical technology sia and in this case China, we have not work closely together as members of that is involved that one day could enforced those agreements when we the Committee on Armed Services, and harm our troops on the battlefield. We have caught proliferators selling off I just want him to know that the gen- have always stuck together. and transferring technologies to other tleman from California (Mr. HUNTER), Interestingly, it has been not only nations. who is sitting here by me, and the gen- Republicans and Democrats, it has Mr. Chairman, tomorrow there will tleman from California (Mr. been conservatives and liberals. Mr. be an op ed in the L.A. Times which CUNNINGHAM) want to convey to the Dellums was one of the foremost pro- will summarize my point in very great gentleman how much we appreciate ponents of restricting technology detail, as I did last Wednesday night on having been able to work with him as transfer and many of the people who the floor of this body. Thirty-eight sep- Americans from two different parties testified before us came from various arate times in the past 7 years we have on these issues. We appreciate that political divisions of the left and right had documented cases of proliferating very much. and center in America, experts who felt activities coming from two countries, Mr. Chairman, I wanted to just ad- that we should not send military tech- coming from Russia and coming from dress this issue of high tech transfer nology to potential adversaries. China. Those proliferating activities H3560 CONGRESSIONAL RECORD — HOUSE May 20, 1998 have sent technology in the area of nu- (1) United States business interests must is becoming increasingly clear that clear weapons, chemical and biological not be placed above United States national United States national security contin- weapons and missile technology to security interests; ues to take a back seat to trade with Iran, Iraq, India and Pakistan. (2) at the Presidential summit meeting to China. Our amendment would place the be held in the People’s Republic of China in Now we face the music. We face a cri- June of 1998, the United States should not— Congress clearly on record in opposi- sis. India and Pakistan are saber rat- (A) support membership of the People’s Re- tion to any agreements that the Presi- tling each other with technology that public of China in the Missile Technology dent might negotiate at next month’s we could have stopped, if we would Control Regime; summit in China that would make it have taken aggressive action to stop (B) agree to issue any blanket waiver of easier for China to acquire our tech- that proliferation from occurring, the suspensions contained in section 902 of nology that can be used to improve its which is a requirement of a number of the Foreign Relations Authorization Act, military capability, in particular its arms control agreements, the missile Fiscal Years 1990 and 1991 (Public Law 101- ballistic missile capability. 246), regarding the export of satellites of technology control regime, the Arms United States origin intended for launch As has been reported in the press, the Export Control Act and a whole host of from a launch vehicle owned by the People’s administration is reportedly consider- other agreements. If we would have Republic of China; ing issuing a blanket waiver of the so- taken steps to impose sanctions in (C) agree to increase the number of called Tiananmen Square sanctions more than half of those 38 occasions, launches of satellites to geosynchronous against China, approving the export of let alone just the three where sanc- orbit by the People’s Republic of China more United States satellites to China, tions were imposed, I would argue we above the number contained in Article and even allowing joint satellite pro- would not be in the position we are in II(B)(ii) of the 1995 Memorandum of Agree- duction. ment Between the Government of the United This amendment would also express today. States of America and the Government of It is absolutely imperative that this the People’s Republic of China Regarding the sense of Congress that the Presi- body and this committee support the International Trade in Commercial Launch dent’s decision to allow the export of leadership on both sides of the aisle, Services; satellite technology to China earlier pass these four amendments and send a (D) support any cooperative project with this year, despite the reported DOD as- signal to China that we will not toler- the People’s Republic of China to design or sessment that ‘‘United States national ate any future proliferation of tech- manufacture satellites; security has been harmed’’ by a pre- nology, any missile technology, any (E) enter into any new scientific, tech- vious satellite transfer of technology, nical, or other agreements, or amend any ex- nuclear technology to Pakistan or any was not in the national interest. isting scientific, technical, or other agree- The administration has reportedly other Nation. ments, with the People’s Republic of China developed plans in recent weeks to in- b 1330 involving space or missile-related tech- nology; crease the level of space cooperation Because that then causes us to have (F) agree to any arms control initiative with China and to encourage the shar- to spend more money to defeat that that cannot be effectively verified, including ing of missile and space technology. In threat once it emerges in some other any initiative relating to detargeting of stra- a memorandum reportedly prepared by Nation’s hands. tegic offensive missiles; or the National Security Council and So I support my chairman, I support (G) support any increase in the number or printed in full in the Washington my ranking member, the gentleman frequency of military-to-military contacts Times, and I would like to submit that between the United States and the People’s from Arizona (Mr. STUMP), and my Republic of China; for the RECORD, it was suggested that ranking Democrat, the gentleman from (3) the decision of the executive branch in additional space- and missile-related Missouri (Mr. SKELTON), on their lead- 1998 to issue a waiver allowing the export of technology might be transferred to ership, and I urge all of our colleagues satellite technology to the People’s Republic China as an incentive for China to join to vote ‘‘yes’’ on each of the amend- of China was not in the national interest of the Missile Technology Control Re- ments that will be brought before us the United States, given the ongoing crimi- gime. shortly. nal investigation by the Justice Department As a member of that regime, China Mr. SKELTON. Mr. Chairman, I yield of the transfer in 1996 of satellite technology would be eligible to acquire missile back the balance of my time. to that country; (4) the executive branch should ensure that technology it cannot currently attain Mr. STUMP. Mr. Chairman, I yield United States law regarding the export of legally. However, while China has al- back the balance of my time. satellites to the Peoples Republic of China is ready said it would abide by the re- The CHAIRMAN. It is now in order to enforced and that the criminal investigation gime’s restrictions, those pledges have consider the amendments printed in described in paragraph (3) proceeds with all repeatedly proven to be hollow. China’s part A of House Report 104–544, which due dispatch; and record of missile proliferation should shall be considered in the following (5) the President should indefinitely sus- give Members little comfort about Bei- order: pend the export of satellites of United States jing’s willingness to abide by its inter- Amendment No. 1 by Representative origin to the People’s Republic of China, in- cluding those satellites licensed in February national nonproliferation obligation. SPENCE or GILMAN; 1998 as part of the Chinasat-8 program. In simple terms, Congress must Amendment No. 2 by Representative speak loudly and clearly today to en- The CHAIRMAN. Pursuant to House BEREUTER; sure that the United States does not Resolution 441, the gentleman from Amendment No. 3 by Representative take any action that helps China to South Carolina (Mr. SPENCE) and a HEFLEY; and Member opposed each will control 5 improve its military capability, espe- Amendment No. 4 by Representative minutes. cially its ballistic missile capabilities. HUNTER. The Chair recognizes the gentleman Mr. Chairman, China is clearly work- It is now in order to consider amend- ing overtime to improve its military from South Carolina (Mr. SPENCE). ment No. 1 printed in part A of House Mr. SPENCE. Mr. Chairman, I yield might, and it views ballistic missiles as Report 105–544. myself 2 minutes. a quick and effective way to do so. The AMENDMENT NO. 1 OFFERED BY MR. SPENCE (Mr. SPENCE asked and was given United States should refuse to be an Mr. SPENCE. Mr. Chairman, I offer permission to revise and extend his re- accomplice to that effort, yet under an amendment. marks.) the guise of constructive engagement The CHAIRMAN. The Clerk will des- Mr. SPENCE. Mr. Chairman, I rise and increasingly open trade, we are ignate the amendment. along with the gentleman from New doing just that. The text of the amendment is as fol- York (Mr. GILMAN) to offer this amend- Mr. Chairman, I urge my colleagues lows: ment expressing the sense of Congress to support the Spence-Gilman amend- Part A amendment No. 1 printed in House on the transfer of United States sat- ment and to send a clear message to Report 105–544 offered by Mr. Spence: ellite missile technology to China. the President before he travels to At the end of title XII (page 253, after line As the events surrounding the Clin- China next month that the Congress 3), insert the following new section: ton administration’s decision to trans- strongly opposes any policy that places SEC. 1206. SENSE OF THE CONGRESS. fer sensitive military-related tech- business interests over the national se- It is the sense of the Congress that— nology to China continue to unfold, it curity interest. May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3561 Mr. GILMAN. Mr. Chairman, I rise today as The total umbrella of American Mr. BEREUTER. Mr. Chairman, I a coauthor of the amendment offered by my issues with the Chinese, and there are yield myself such time as I may con- good friend, the gentleman from South Caro- lots of issues, most of them commer- sume. lina, the distinguished Chairman of the Com- cial issues, a lot of them technology (Mr. BEREUTER asked and was mittee on National Security, Mr. SPENCE. transfer issues, is largely governed by given permission to revise and extend I hope that this amendment would be unani- the administration’s policies that are his remarks.) mously adopted by the House. It simply sets brought about in these discussions Mr. BEREUTER. Mr. Chairman, this forth the sense of the Congress on an issue with Chinese leaders. amendment would prohibit United of vital importance to America's national secu- There is going to be an upcoming States participation in any post-launch rityÐthe transfer of missile technology to presidential summit. That has been failure investigations involving the China. pointed out. A lot of the things that we launch of a U.S. satellite from the Peo- To that end, this amendment calls on the are concerned about, like Chinese ple’s Republic of China. President to indefinitely suspend the export of membership in the Missile Technology On February 15, 1996, a Chinese rocket U.S. satellites to China, including those sat- Control Regime, the waiver the gen- carrying a satellite built by the Loral Corpora- ellites licensed in February of 1998 as part of tleman from South Carolina mentioned tion crashed on liftoff from a launch facility in the CHINA±SAT±8 program. of the Tiananmen Square sanctions, in- southern China. In the aftermath of that launch This amendment also expresses the sense creases in space launches, a number of failure, the PRC established a review commis- of the Congress that during the Presidential those critical issues are going to be dis- sion to investigate the failure and determine summit meeting to be held in China next cussed. I think it is very important for what went wrong. American technical experts month, the United States should not support this House to lay down its marker from Loral and Hughes electronics participated or enter into any agreements with China which right now and let the administration in this investigation. On May 10th of that year, would further expand cooperation with China. know that we are very concerned on a this commission completed a preliminary re- I am particularly concerned about the Ad- national security basis of what he is port finding that the cause of the accident was ministration's stated intent to support China's doing in this next meeting with Chi- an electrical failure in the electronic flight con- membership in the Missile Technology control nese leaders. trol system. The report discussed very sen- Regime. I think this is an absolutely appro- sitive aspects of the rocket's guidance system China continues to provide missile tech- priate amendment. I hope everybody and flight control system. Copies of this nology and components to both Pakistan and would vote ‘‘yes’’. unredacted report, including much highly sen- Iran. Since 1991 the United States has sanc- Mr. SPENCE. Mr. Chairman, I yield sitive material, was promptly shared with the tioned China twice for violations of U.S. mis- back the balance of my time. Chinese prior to its presentation to U.S. offi- sile proliferation laws. The CHAIRMAN. The question is on cials! I do not comprehend the logic, given Chi- the amendment offered by the gen- In the aftermath, the U.S. Air Force and the na's record, of offering them MTCR member- tleman from South Carolina (Mr. National Air Intelligence Center completed a ship. Perhaps it is for the reasons explicitly SPENCE). damage assessment of the incident, and stated in a National Security Council memo- The question was taken; and the found that U.S. national security had been randum. Regrettably these are precisely the Chairman announced that the ayes ap- harmed. My colleagues will understand that wrong reasons. peared to have it. providing technical information designed to ad- That memorandum, which is dated March Mr. SPENCE. Mr. Chairman, I de- dress problems in Chinese rocket guidance 12, 1998, states that the U.S. should support mand a recorded vote. and flight control systems also addressed the Chinese membership because [quote] this The CHAIRMAN. Pursuant to House same problems in Chinese Intercontinental would provide China with political prestige, the Resolution 441, further proceedings on Ballistic Missiles (ICBMs). There is a real ability to shape future MTCR decisions, sub- the amendment offered by the gen- question as to whether Chinese ICBMs are stantial protection from future U.S. missile tleman from South Carolina (Mr. more accurate and reliable because of the ad- sanctions and would expedite somewhat the SPENCE) will be postponed. vise of American citizens, and ICBMs pose a consideration of U.S. exports to China. [un- It is now in order to consider amend- very real risk to the United States. quote] ment No. 2 printed in part A of House Regrettably, and amazingly, Mr. Speaker, I am concerned that in the mad rush to ob- Report 105–544. some of those Americans who participated in tain better relations with the Chinese, we will AMENDMENT NO. 2 OFFERED BY MR. BEREUTER the Chinese rocket failure investigation argued enter into another deal with china to be deliv- Mr. BEREUTER. Mr. Chairman, I that they were under no obligation to return ered at the June summit, in which we throw offer an amendment made in order by the copies of this highly sensitive report. our non-proliferation principles out the window. the rule. Now, the background on this amend- In order to cut the nuclear deal at last year's The CHAIRMAN. The Clerk will des- ment is that it seeks to prevent the summit, we sacrificed full scope safeguards. ignate the amendment. transfer of sensitive military-related What will we sacrifice for a missile deal? The text of the amendment is as fol- information to China. In 1996, two com- We all know this Administration was too lows: panies, Loral and Hughes, participated eager to offer the Russian membership in the in a launch failure investigation in- Part A amendment No. 2 offered by Mr. BE- MTCR. The Russians have flouted every pre- volving the failed launch from China of REUTER: cept of the MTCR by transferring missile com- At the end of title XII (page 253, after line a U.S. satellite on a Chinese launch ve- ponents and technology to Iran. 3), insert the following new section: hicle. Moreover, let me point out that this amend- SEC. 1206. INVESTIGATIONS OF SATELLITE As a result of that investigation, in- ment calls upon the Administration to ensure LAUNCH FAILURES formation was passed to China that that U.S. laws regarding the export of sat- (a) PARTICIPATION IN INVESTIGATIONS.—In quite apparently could be used to im- ellites to China are enforced and that the the event of the failure of a launch from the prove the guidance accuracy and war- criminal investigation of U.S. companies pro- People’s Republic of China of a satellite of head delivery capability of China’s ceed with all due dispatch. This is a critical United States origin, no United States per- missiles. The information was report- son may participate in any subsequent inves- edly transferred illegally, without a li- consideration which we must not overlook. tigation of the failure. Accordingly, I urge all Members to fully sup- (b) DEFINITION.—As used in this section, cense from the State Department, that port this amendment. the term ‘‘United States person’’ has the is, and the incident is now the subject Mr. Chairman, I yield 1 minute to the meaning given that term in section 16 of the of a Justice Department criminal in- gentleman from California (Mr. Export Administration Act of 1979, and in- vestigation. HUNTER). cludes any officer or employee of the Federal Even asking questions, Mr. Chair- Mr. HUNTER. Mr. Chairman, I thank Government or of any other government. man, of the Chinese during investiga- the gentleman for yielding me this The CHAIRMAN. Pursuant to House tions can transmit technical informa- time, and I rise in strong support of Resolution 441, the gentleman from Ne- tion and assist China in improving its this amendment that is offered by the braska (Mr. BEREUTER) and a Member launch capabilities. Anybody that un- gentleman from South Carolina (Mr. opposed each will control 5 minutes. derstands even a little bit about gain- SPENCE) and the gentleman from New The Chair recognizes the gentleman ing intelligence knows this is a process York (Mr. GILMAN). from Nebraska (Mr. BEREUTER). for gaining intelligence, even though it H3562 CONGRESSIONAL RECORD — HOUSE May 20, 1998 would be the intention, perhaps, and Mr. BUYER. Thirty seconds? So people in America, when they certainly would be the intention, I Well, in 30 seconds, let me just say, were surprised to learn about India’s would imagine, of these firms not to let us do the right thing. detonation and learning about their transfer classified and sensitive infor- I am a Member that is very disturbed nuclear capacities, should not be sur- mation. about the transfers of technology. Just prised, because if the administration is Now, this amendment would make it pause for a moment in this body. We doing such things like this, it will clear that the Congress is opposed to serve a greater cause than corpora- cause reactions. assisting China in the development of tions. Corporations serve the bottom Mr. HUNTER. Mr. Chairman, will the its space launch and missile capabili- line, called profit, and their respon- gentleman yield? ties. Why? Because Chinese missiles sibility is to their stockholders. Our re- Mr. BUYER. I yield to the gentleman are targeted at U.S. cities and, obvi- sponsibility is, in fact, to the taxpayers from California. ously, we do not want to make them and the citizens of this country under Mr. HUNTER. Mr. Chairman, I thank more accurate and jeopardize Amer- the umbrella of national security. the gentleman for yielding. And I ap- ican lives. So for the White House to sell out for preciate everything he has said, and I I can tell my colleagues that as un- other reasons, to corporations for prof- think it goes right to the heart of the fortunate as the Indian nuclear explo- it, by pressure, we serve a greater Bereuter amendment, which prohibits sions are, that is a related incident, be- cause here and there better be a deep the U.S. participation in what we call cause if Chinese missiles are more ac- appreciation of this. curate, it creates instability not only these post-launch failure investiga- The CHAIRMAN. The time of the tions or debriefings involving the in Asia but certainly in South Asian gentleman from Nebraska (Mr. BEREU- countries like India. This amendment launch of a satellite from China. TER) has expired. The problem is that the Long March would help prevent the transfer of mili- Mr. BUYER. Mr. Chairman, I ask tarily sensitive U.S. technology to rockets, which are used in their strate- unanimous consent that I be allowed to gic systems that are nuclear tipped, China that could be used to improve claim the opposition’s time. that missile capability. some of which are aimed at U.S. cities, The CHAIRMAN. Is there objection are the same rockets that we launch The amendment would relieve Amer- to the request of the gentleman from ican industry from the burden of deter- these satellite payloads on. And the Indiana? mining what information can and can- way that Loral and Hughes got into There was no objection. not be transmitted to China by pre- trouble here was after a launch went The CHAIRMAN. The gentleman venting U.S. participation in launch down and they lost a $200 million pack- from Indiana (Mr. BUYER) may control failure investigations. age, they realized it was in their eco- The amendment would also discour- the time otherwise reserved for the op- nomic self-interest to show the Chinese age U.S. satellite companies from seek- position. how the missile worked. Once again, it ing to launch satellites on Chinese Mr. BUYER. Mr. Chairman, I yield was like the guy laying under the guil- launch vehicles. That is not the pri- myself such time as I may consume. lotine saying, ‘‘I think I see your prob- mary intent, but that is likely to be What was very concerning to me was lem,’’ when the guillotine sticks. to learn that in 1996 Loral and Hughes the result. If those launch vehicles are So by banning these post-launching had exported commercial satellites to likely to be a failure or prone to fail- debriefings after a failure, which is ex- China to launch the Chinese missile ure, that would encourage alternative, actly what the very wise gentleman and then, in fact, it had exploded. more commercially viable launch op- from Nebraska (Mr. BEREUTER) does A Loral subsidiary provided techni- tions, including commercial American here, we take away the temptation cians and a report on improving the re- launch services. from American companies to not only liability of the Long March Rocket The amendment, therefore, Mr. show them how they messed up on this without first consulting U.S. officials. Chairman, would send what should be a particular launch, but to give them a And then to learn that the Chinese very obvious and certainly important little more liability for future military officer, in fact, had funneled signal prior to President Clinton’s up- launches, because they know the profit $100,000 to the Clinton campaign, alleg- coming summit trip to China that the margin of their stockholders are in edly through Johnny Chung. United States should not agree to part riding on the reliability of these We also have Mr. Schwartz, the measures that would help China im- Chinese missiles, which also carry nu- chairman of Loral Space Communica- prove its space launch or missile clear warheads, which are sometimes tions, who was the leading soft money launch capabilities. The guidance sys- aimed at U.S. cities. donor for the Democrat Party in 1996 in tems on these missiles are all-impor- So we have got this conflict between the amount of $366,000. Subsequently, tant in determining how vulnerable our commercial interests and national se- there was a Justice Department inves- population really is, and so it is in our curity interests, and the Bereuter tigation. best interest not to have this tech- amendment is right on point. nology flowing to China or, for that And then in February of 1998 the Jus- tice Department criminal inquiry was Mr. BUYER. Mr. Chairman, reclaim- matter, to any other country. ing my time, this is not solely about Mr. SKELTON. Mr. Chairman, will dealt a very serious blow when Presi- dent Clinton quietly approved the ex- rockets that may reach U.S. cities. We the gentleman yield? also have allies in the Pacific Rim for Mr. BEREUTER. I yield to the gen- port to China of similar guidance tech- which we have responsibilities within tleman from Missouri, the distin- nology by Loral. Basically, what that that security of the world. And to guished ranking Democrat member of did was then defunct the Justice De- think that China, when they had the Armed Services Committee, now partment investigation. threatened Taiwan and the more we so- called the Committee on National Se- b 1345 phisticate their weaponry to inflict curity. Mr. SKELTON. Mr. Chairman, I There are so many allegations that harm upon our own allies, how can we thank my friend from Nebraska for are happening in this town with regard in fact count on them if we cannot yielding to me. to the administration and what is stand with them in moments like this? I take this opportunity, however, to going on, I cannot even keep up with Mr. HUNTER. If the gentleman point out that in our research the them. But what I can say when it would continue to yield, he is abso- amendment, in part, simply repeats comes to matters of national security, lutely right. We are going to be seeing well-established legal requirements, the proliferation issues, the transfers a requirement for greater and greater and we are going to hammer that nail of technology, to think that the United American deterrent force to go to in, I guess, twice today. States would transfer these tech- places like Taiwan as we see the strate- Mr. BEREUTER. Mr. Chairman, I nologies by redefining what a satellite gic missile capability of the Com- thank the gentleman for his comments. is, is no longer under the munitions munist Chinese increase. He is right on Mr. Chairman, I yield 30 seconds to definition, somehow being slick in get- point. the gentleman from Indiana (Mr. ting around definitions, believe me, The CHAIRMAN. All time has ex- BUYER), and I apologize it is not more. other countries out there react to it. pired. May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3563 The question is on the amendment would improve the accuracy and capa- we are also part of NATO, which is a offered by the gentleman from Ne- bility of Chinese ballistic missile major military alliance as well. braska (Mr. BEREUTER). forces. Some may say trade involving The bottom line for me is to say that The question was taken; and the space launch vehicles and satellite now that the Cold War is over, is it ap- Chairman announced that the ayes ap- technology used for commercial pur- propriate to continue spending so much peared to have it. poses should not be impeded. But the money on the military when there are Mr. BEREUTER. Mr. Chairman, I de- commercial and military technology in so many other needs in this country? Is mand a recorded vote. this case are virtually identical, and it it appropriate to continue to build The CHAIRMAN. Pursuant to House is a risk we simply cannot take. weapons systems that we do not need Resolution 441, further proceedings on If we launch a rocket which has the when this country continues to have by the amendment offered by the gen- capability of launching more than one far the highest rate of childhood pov- tleman from Nebraska (Mr. BEREUTER) satellite, then we have the same tech- erty in the industrialized world? Is it will be postponed. nology that we do for multiple war- appropriate that we are spending It is now in order to consider Amend- heads on an intercontinental ballistic money on the military with the end of ment No. 3 printed in part A of House missile, same technology. the Cold War when our educational sys- Report 105–544. The Chinese had a problem. Their tem is lacking in so many respects, AMENDMENT NO. 3 OFFERED BY MR. HEFLEY rockets tended to blow up and they when the weakest and most vulnerable Mr. HEFLEY. Mr. Chairman, I offer tended not to get to where they were people in this country are hurting and an amendment. supposed to go. So we stepped in and not getting the governmental support The CHAIRMAN. The Clerk will des- we said, let us help you. Let us fix that. that they need? ignate the amendment. I think if every Member of this body So I want to just thank the gen- The text of the amendment is as fol- were to ask their constituents back tleman from Missouri (Mr. SKELTON) lows: home if the current policy makes for yielding me this brief time to sug- Part A amendment No. 3 offered by Mr. sense, they would hear a resounding gest that I will be voting against the HEFLEY: ‘‘no.’’ entire bill. Because I think it does not, At the end of title XII (page 253, after line This is a clear vote to make it harder now that the Cold War is over, indicate 3), insert the following new section: for potential adversaries to threaten a rationale and sensible set of prior- SEC. 1206. PROHIBITION ON EXPORTS OF MISSILE the American people, and I urge all ities for this country. EQUIPMENT AND TECHNOLOGY TO Mr. HEFLEY. Mr. Chairman, I yield CHINA. Members to support this amendment. Mr. SKELTON. Mr. Chairman, I yield such time as he may consume to the No missile equipment or technology (as de- gentleman from New Jersey (Mr. fined in section 74 of the Arms Export Con- myself such time as I may consume. trol Act (22 U.S.C. 2797c)) may be exported to I would appreciate if the gentleman PAPPAS). (Mr. PAPPAS asked and was given the People’s Republic of China. would tell me what this does that is permission to revise and extend his re- not already applicable under the exist- The CHAIRMAN. Pursuant to House marks.) Resolution 441, the gentleman from ing law. Mr. PAPPAS. Mr. Chairman, I stand Mr. HEFLEY. Mr. Chairman, will the Colorado (Mr. HEFLEY) and a Member in strong support of these amendments. opposed each will control 5 minutes. gentleman yield? Mr. Chairman, I serve on the National Secu- The Chair recognizes the gentleman Mr. SKELTON. I yield to the gen- rity Committee. I see where we are trying to from Colorado (Mr. HEFLEY). tleman from Colorado. keep many fires burning in all corners of the Mr. HEFLEY. Mr. Chairman, what Mr. SKELTON. Mr. Chairman, may I world. America is sending troops to Bosnia, at this point, since no Member has this does is it removes the waiver sys- sending carriers to places like the Persian risen in opposition, ask unanimous tem under which what happened did Gulf, trying to prepare a missile defense sys- consent to be permitted to control the happen so no missile-related tech- tem, modernize equipment, invent future tech- time normally allotted to the opposi- nology could be transferred to the Chi- nologies while cutting troops, stopping re- tion? nese. search, and extending the life of old systems. The CHAIRMAN. Is there objection Mr. SKELTON. Mr. Chairman, I yield Now we have to add a new need to the mix. to the request of the gentleman from 3 minutes to the gentleman from Ver- And it is an urgent need. Communist China. Missouri? mont (Mr. SANDERS). Missiles aimed at America. How do we as a There was no objection. Mr. SANDERS. Mr. Chairman, I Congress respond? The CHAIRMAN. The gentleman thank the gentleman for yielding. Well, I think what we must do is to protect from Missouri may control time other- The main point that I want to make America first. Congress must provide for the wise reserved for opposition. really has less to do with this amend- national defense of our country. Business in- Mr. HEFLEY. Mr. Chairman, I yield ment than my concern about the bill in terests, as much as I support them in many myself such time as I may consume. general. As Members of Congress, all of areas, must be second to the protection of Mr. Chairman, this is actually the us want to do all kinds of things. One U.S. national security interests. We must stop Hefley-Ryun amendment, and I would can make an argument that the mili- the flow of sensitive technology that makes like to speak just a few minutes on it. tary today needs $270 billion. But I the Chinese Army and Navy stronger. Mr. Chairman, it is a very simple think, given the growing gap between I am concerned about the politics involved amendment that would address what I the rich and the poor in America, given but that can not be used by any party to dis- think is a fatal flaw in the Administra- the fact that millions of senior citizens tract from defending our country or as an ex- tion’s current policy on China. That in this country are unable to afford cuse to point fingers and not do anything. This amendment deals with not all the their prescription drugs, given the fact is our chance to plug these loopholes now! other things that have been talked that there is an enormous crisis in Partisanship can wait for another day. about here today, this deals strictly child care in this country, given the We have seen the results of failure to stop and thoroughly with national security. fact that there has been a growth in re- the spread of this missile technology. India The amendment would simply pro- cent years of people using emergency has recently tested nuclear devices. One of hibit the export or reexport of United food shelters, people sleeping out on the reported main reasons for this test has States missile technology or equip- the streets, I think the time is now to been India's fear of China's ability to use nu- ment to the People’s Republic of China. get our priorities right. clear technology against them. Rightly or One would think common sense tells us I believe that this country needs a wrongly, India perceives the advances in Chi- that we should not send any of our de- strong military, but I think that there nese technology, with U.S. help as a threat. fense-related technology or equipment are other needs out there that are not Now the world is facing a possible renewed to the only remaining communist being adequately addressed as we put nuclear arms race. Perhaps this could have country in the world that maintains a $270-some-odd billion into the military, been avoided if our country had the foresight nuclear capability. more than is needed by the intelligence to stop this. In 1996, the Clinton administration agencies. And we should also recognize As such, I would urge this Congress to sup- reportedly permitted the two U.S. that not only are we putting substan- port the four amendments dealing with Chi- firms to transfer technology which tial sums of money into our military, nese technology today. We must empower H3564 CONGRESSIONAL RECORD — HOUSE May 20, 1998 this Congress and our Defense Department to sued. It is irresponsible to advance the Mr. HEFLEY. Mr. Chairman, I de- make national security decisions, not business military capabilities of a communist mand a recorded vote. people solely concerned with the bottom line. country, even more so as the U.S. lacks The CHAIRMAN. Pursuant to House I also would draw this Congress' attention to missile defense programs that are nec- Resolution 441, further proceedings on an amendment that was offered by Mr. essary to combat these. the amendment offered by the gen- SAXTON that was not ruled in order that would It is unfortunate that we need to tleman from Colorado (Mr. HEFLEY) close the loophole to China known as Hong offer this amendment today. The issue will be postponed. Kong. Last time I checked, Hong Kong was is clear. The United States should not The CHAIRMAN. It is now in order to now under Communist Chinese Control and provide missile technology to com- consider amendment No. 4 printed in the previous government has been replaced munist countries. And it is my hope part A of House Report 104–544. by PLA representation. However, we can send that colleagues on the opposite side of AMENDMENT NO. 4 OFFERED BY MR. HUNTER sensitive military technology to Hong Kong but the aisle will join us in supporting the Mr. HUNTER. Mr. Chairman, I offer not China. Although this amendment was not Hefley-Ryun amendment. an amendment. ruled in order, I hope this Congress will con- Mr. HEFLEY. Mr. Chairman, may I The CHAIRMAN. The Clerk will des- tinue to pay attention to this loophole that will inquire how much time is remaining? ignate the amendment. probably be the conduit to more threats The CHAIRMAN. The gentleman The text of the amendment is as fol- against U.S. interests. from Colorado (Mr. HEFLEY) has 30 sec- lows: I would ask that this Congress support onds remaining. The gentleman from Part A, amendment No. 4 offered by Mr. these four amendments. Each should send a Missouri (Mr. SKELTON) has 2 minutes HUNTER: bipartisan measure that this Congress does remaining. At the end of title XII (page 253, after line not want to arm potential adversaries with Mr. SKELTON. Mr. Chairman, I yield 3), insert the following new section: weapon systems for nuclear capabilities. 30 seconds to the gentleman from Indi- SEC. 1206. PROHIBITION ON EXPORTS AND REEX- Mr. HEFLEY. Mr. Chairman, I yield PORTS OF SATELLITES TO CHINA. ana (Mr. BUYER). (a) IN GENERAL.—No satellites of United such time as he may consume to the b 1400 States origin (including commercial sat- gentleman from Kansas (Mr. RYUN), ellites and satellite components) may be ex- the cosponsor of this amendment. Mr. BUYER. Mr. Chairman, I thank ported or reexported to the People’s Republic (Mr. RYUN asked and was given per- my friend for yielding to me. I just of China. mission to revise and extend his re- wanted to do a reminder to my col- (b) PROHIBITION WITH RESPECT TO INFORMA- marks.) leagues. TION, EQUIPMENT, AND TECHNOLOGY.—No in- Mr. RYUN. Mr. Chairman, one thing If you recall, it was several years ago formation, equipment, or technology that that has been truly a pleasure in serv- we had a debate in the Committee on could be used in the acquisition, design, de- National Security, and that was who velopment (including codevelopment), or ing our national security is that when production (including coproduction) of any we come to an issue such as this that is should make these decisions on the satellite or launch vehicle may be exported really a national security issue for this transfers of these type of technologies. or reexported to the People’s Republic of country, I have seen this committee At the time, the administration want- China. come together in such a way that they ed the Committee on Commerce to do (c) APPLICABILITY.—Subsections (a) and (b) worked on policy and not on politics. that and to take the Pentagon out of apply to any satellite, information, equip- So I hope today that it will be unani- that question. We made the decision in ment, or technology that as of the date of a very bipartisan manner in the Com- the enactment of this Act has not been ex- mous and strong support for this ported or reexported to the People’s Republic amendment, the Hefley-Ryun amend- mittee on National Security, that we of China, whether or not an export license ment, because I do believe there is a felt matters such as this are so impor- for such export or reexport has been ap- threat with communist nuclear mis- tant to our Nation that the Pentagon proved as of such date. siles. needs to be in the loop. The CHAIRMAN. Pursuant to House In 1996, after the failed launch of the When we force the Pentagon into the Resolution 441, the gentleman from Chinese Long March missile, engineers loop and when the Pentagon raises ob- California (Mr. HUNTER) and a Member from the United States aerospace firms jections, they then get squashed, that opposed each will control 5 minutes. went to China to lend their expertise to is not a good thing. Mr. SKELTON. Mr. Chairman, since Great Wall Industries, the manufac- I support the Hefley amendment to no Member has risen in opposition, I turer of these particular missiles. remove the waiver authority by the ask unanimous consent that I be per- A 1997 classified Department of De- President. mitted to control the time. fense report concluded that at least Mr. SKELTON. Mr. Chairman, I yield The CHAIRMAN. Is there objection one U.S. company gave sensitive mis- back the balance of my time. to the request of the gentleman from sile guidance technology to the Chi- Mr. HEFLEY. Mr. Chairman, I yield Missouri? nese. The DOD report then concluded 30 seconds to the gentleman from Cali- There was no objection. that that transfer damaged our na- fornia (Mr. HUNTER). The CHAIRMAN. The Chair recog- tional security. So that is why this is Mr. HUNTER. Mr. Chairman, I just nizes the gentleman from California beyond politics and it is really into want to strongly endorse the Hefley (Mr. HUNTER). policy. amendment. This chart shows all of the Mr. HUNTER. Mr. Chairman, I yield Next month, President Clinton will aspects of missile technology that are myself such time as I may consume. visit Beijing. He is expected to an- manifest in a commercial satellite pro- Mr. Chairman, we have spoken about nounce a new space cooperation agree- gram. They include payload disbursal this amendment for some time now ment and possibly discuss lifting sanc- technology, kick motor technology, ra- during this debate. I think most of the tions on the transfer of further mili- diation hardened electronics, folks that are listening to the debate tary technology. As long as China re- encryption devices, launcher attitude understand the problem. The problem mains a communist country and trans- control. is that there is an inextricable link be- fers technology to regimes such as Iran So there are a lot of aspects of tech- tween the satellite technology that we and Pakistan are possible through nology beyond the mere delivering of a have been transferring to China pursu- China, the United States should not package that can assist the Chinese ant to our satellite launch partnership share its commercial space technology rocket program. So the amendment of with them and their nuclear missile ca- that could be used against us for mili- the gentleman from Colorado (Mr. pability. tary purposes. HEFLEY) is right on target; I would rec- While we are trying to sort this prob- China has 13 long-range missiles ommend its approval. lem out, Mr. Chairman, it makes sense aimed at the United States. The CIA The CHAIRMAN. The question is on for us to stop the train, to put on the just confirmed this a couple weeks ago. the amendment offered by the gen- brakes and say we are not going to It also considers the United States its tleman from Colorado (Mr. HEFLEY). make any transfers, no export or reex- number one security threat. No agree- The question was taken; and the port of U.S. satellites, including com- ment increasing technology transfers Chairman announced that the ayes ap- mercial satellites and satellite compo- to Communist China should be pur- peared to have it. nents, to the People’s Republic of May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3565 China. That is what this amendment came up several years ago in the Com- Mr. Chairman, I think this is a pru- does. mittee on National Security with re- dent thing for the House to put on the Mr. Chairman, in this crash we saw gard to the jurisdiction question on brakes at this point and to hold up all another problem that we had not commodity. transfers until we sort out how much thought about, and that is that we As I understand, on commodity juris- damage has been done, and damage has have these packages which, in theory, diction, the transfer from the State De- been done, according to the Depart- are protected against Chinese sci- partment with regard to satellites that ment of Defense. entists and engineers being able to ex- used to be classified under the muni- The CHAIRMAN. The question is on amine the contents even while they are tions has now been transferred to the the amendment offered by the gen- in China. I listened to the President of Commerce Department, who would tleman from California (Mr. HUNTER). Hughes Electronics tell me very pas- look at the satellite and say this is The question was taken; and the sionately how these packages are really dual-use technology. Am I un- Chairman announced that the ayes ap- guarded and nobody is allowed to come derstanding that correctly? peared to have it. close to them, so the engineers in this Mr. HUNTER. Mr. Chairman, if the Mr. HUNTER. Mr. Chairman, I de- Communist country will have no ideas gentleman will yield to me, that is mand a recorded vote. what is inside the packages. right. Oversight or the primary review The CHAIRMAN. Pursuant to House The problem is, if you have an abort- of the satellite transfers has now been Resolution 441, further proceedings on ed launch like the one that we had or taken away from the Department of the amendment offered by the gen- a disastrous launch where the Chinese Defense, who look at it from a national tleman from California (Mr. HUNTER) missile with the satellite package atop security standpoint, and given to the will be postponed. it goes down in China, and the damage Department of Commerce, which argu- ably does not have the experts to un- SEQUENTIAL VOTES POSTPONED IN THE is then recovered and analyzed by the COMMITTEE OF THE WHOLE derstand exactly what is being trans- People’s Liberation Army of China, The CHAIRMAN. Pursuant to House ferred, and does not have probably the they then have access to all of the con- Resolution 441, proceedings will now political will that the Department of tents of that satellite package. resume on those amendments on which Defense has to keep critical militarily Let me just say, Mr. Chairman, with- further proceedings were postponed in strategic components from going to the out having the most recent briefings, the following order: Amendment No. A– which the administration I think has hands of our potential adversaries. The Defense Department is tougher on 1 offered by the gentleman from South been somewhat reluctant to give, on Carolina (Mr. SPENCE); amendment No. exactly what transpired after the these transfers. Mr. BUYER. But the sensitivity A–2 offered by the gentleman from Ne- crash, I am concerned and I am worried about the duality of the purposes, say- braska (Mr. BEREUTER); amendment that some things were recovered by the ing that this is a rocket system that No. A–3 offered by the gentleman from People’s Liberation Army that should could only launch a satellite, in es- Colorado (Mr. HEFLEY); and amend- not have been recovered. sence is the same rocket system that it ment No. A–4 offered by the gentleman So this amendment bans the export would take to send a nuclear warhead from California (Mr. HUNTER). and reexport of U.S. satellites, includ- anywhere in the world. The Chair will reduce to 5 minutes ing commercial satellites and satellite Mr. HUNTER. The gentleman is ex- the time for any electronic vote after components into the People’s Republic actly right. In fact, it is exactly the the first vote in this series. of China. I think it is a timely amend- same missile. The Chinese use the AMENDMENT NO. A–1 OFFERED BY MR. SPENCE ment. same missile both for the satellite The CHAIRMAN. The pending busi- Mr. Chairman, I reserve the balance launch and for the nuclear weapons ness is the demand for a recorded vote of my time. launch. That is why it is so critical to on the amendment offered by the gen- Mr. SKELTON. Mr. Chairman, I yield really examine these packages. tleman from South Carolina (Mr. myself such time as I may consume. Mr. BUYER. So earlier when the SPENCE) on which further proceedings Mr. Chairman, I wish to point out House adopted an amendment that said that we are hammering the nail in that were postponed and on which the ayes no to the President on waivers of muni- prevailed by voice vote. is already been flush to the board. Nev- tions, this amendment is saying no to ertheless, let me point this out: No The Clerk will redesignate the the waivers on the commodities? amendment. controlled information relevant to bal- Mr. HUNTER. That is right. This listic missiles or warhead delivery The Clerk redesignated the amend- thing bans the export and reexport. ment. technology has been authorized to be Mr. BUYER. Mr. Chairman, I support RECORDED VOTE made available to Chinese authorities the amendment. in connection with past space launches The CHAIRMAN. The gentleman The CHAIRMAN. A recorded vote has of commercial satellites. from California (Mr. HUNTER) has 1 been demanded. The existing procedures, including minute remaining. A recorded vote was ordered. the technical safeguards agreement ne- Mr. HUNTER. Mr. Chairman, I yield The vote was taken by electronic de- gotiated under the Bush administra- myself such time as I may consume. vice, and there were—ayes 417, noes 4, tion, that is the previous Republican Mr. Chairman, let me just make this not voting 11, as follows: administration, signed in February clear. This bans the export and reex- [Roll No. 167] 1993, explicitly prohibit transfer of port of U.S. satellites, including com- AYES—417 technology related to launch vehicles. mercial satellites and satellite compo- Abercrombie Berman Bryant Warhead delivery technology was also nents, to the People’s Republic of Ackerman Berry Bunning prohibited. China. I think it is necessary at this Aderholt Bilbray Burr Allen Bilirakis Burton Mr. Chairman, I yield back the bal- time. Andrews Bishop Buyer ance of my time. My friend the gentleman from Mis- Archer Blagojevich Callahan Mr. HUNTER. Mr. Chairman, how souri pointed out that we have waived Armey Bliley Calvert much time do we have remaining? or we have allowed these transfers in Bachus Blumenauer Camp Baesler Blunt Campbell The CHAIRMAN. The gentleman the past under the Bush administra- Baker Boehlert Canady from California (Mr. HUNTER) has 21⁄2 tion. That is true. I led off my debate Baldacci Boehner Capps minutes remaining. by saying this has gone back a long Ballenger Bonilla Cardin Mr. HUNTER. Mr. Chairman, I yield Barcia Bonior Castle way. Barr Bono Chabot 1 1 ⁄2 minutes to the gentleman from In- I think, in light of the activities that Barrett (NE) Borski Chambliss diana (Mr. BUYER). have taken place in recent years, 1996 Barrett (WI) Boswell Chenoweth Mr. BUYER. Mr. Chairman, I thank through 1998, I personally have a prob- Bartlett Boucher Christensen Barton Boyd Clayton the gentleman for yielding to me. lem in trusting the folks that are mak- Bass Brady Clement Mr. Chairman, I have a question for ing the decision to go or no go on sat- Becerra Brown (CA) Clyburn the author of the amendment. Earlier I ellite transfer, to allow them to have Bentsen Brown (FL) Coble rose and discussed that this question the discretion at this time. Bereuter Brown (OH) Coburn H3566 CONGRESSIONAL RECORD — HOUSE May 20, 1998 Collins Hobson Moakley Smith, Linda Taylor (NC) Watkins Dooley Kildee Peterson (PA) Combest Hoekstra Moran (KS) Snowbarger Thomas Watt (NC) Doolittle Kilpatrick Petri Condit Holden Moran (VA) Snyder Thompson Watts (OK) Doyle Kim Pickering Conyers Hooley Morella Solomon Thornberry Waxman Dreier Kind (WI) Pickett Cook Horn Murtha Souder Thune Weldon (FL) Duncan King (NY) Pitts Cooksey Hostettler Myrick Spence Thurman Weldon (PA) Dunn Kingston Pombo Costello Houghton Nadler Spratt Tiahrt Weller Edwards Kleczka Pomeroy Cox Hoyer Neal Stearns Tierney Weygand Ehlers Klink Porter Coyne Hulshof Nethercutt Stenholm Torres White Ehrlich Klug Portman Cramer Hunter Neumann Stokes Towns Whitfield Emerson Knollenberg Poshard Crane Hutchinson Ney Strickland Traficant Wicker Engel Kolbe Price (NC) Crapo Hyde Northup Stump Turner Wise English Kucinich Pryce (OH) Cubin Inglis Norwood Stupak Upton Wolf Ensign LaFalce Quinn Cummings Istook Nussle Sununu Velazquez Woolsey Eshoo LaHood Radanovich Cunningham Jackson (IL) Oberstar Talent Vento Wynn Etheridge Lampson Rahall Danner Jackson-Lee Obey Tanner Visclosky Yates Evans Lantos Ramstad Davis (FL) (TX) Olver Tauscher Walsh Young (AK) Everett Largent Rangel Davis (IL) Jefferson Ortiz Tauzin Wamp Young (FL) Farr Latham Redmond Davis (VA) Jenkins Owens Taylor (MS) Waters Fattah LaTourette Regula Fawell Lazio Reyes Deal John Oxley NOES—4 DeFazio Johnson (CT) Packard Fazio Leach Riggs DeGette Johnson (WI) Pallone Hamilton McDermott Filner Lee Riley Delahunt Johnson, E. B. Pappas Hastings (FL) Wexler Foley Levin Rivers Forbes Lewis (CA) Rodriguez DeLauro Johnson, Sam Parker NOT VOTING—11 DeLay Jones Pascrell Ford Lewis (GA) Roemer Deutsch Kanjorski Pastor Bateman Ewing Mollohan Fossella Lewis (KY) Rogan Diaz-Balart Kaptur Paul Cannon Gonzalez Stabenow Fowler Linder Rogers Dickey Kasich Paxon Carson Harman Stark Fox Lipinski Rohrabacher Dicks Kelly Payne Clay Meeks (NY) Frank (MA) Livingston Ros-Lehtinen Dingell Kennedy (MA) Pease Franks (NJ) LoBiondo Rothman Dixon Kennedy (RI) Pelosi b 1429 Frelinghuysen Lofgren Roukema Frost Lowey Roybal-Allard Doggett Kennelly Peterson (MN) Furse Lucas Royce Dooley Kildee Peterson (PA) Mr. HASTINGS of Florida and Mr. Gallegly Luther Rush Doolittle Kilpatrick Petri McDERMOTT changed their vote from Ganske Maloney (CT) Ryun Doyle Kim Pickering ‘‘aye’’ to ‘‘no.’’ Gejdenson Maloney (NY) Sabo Dreier Kind (WI) Pickett So the amendment was agreed to. Gekas Manton Salmon Duncan King (NY) Pitts Gephardt Manzullo Sanchez Dunn Kingston Pombo The result of the vote was announced Gibbons Markey Sanders Edwards Kleczka Pomeroy as above recorded. Gilchrest Martinez Sandlin Ehlers Klink Porter AMENDMENT A–2 OFFERED BY MR. BEREUTER Gillmor Mascara Sanford Ehrlich Klug Portman Gilman Matsui Sawyer Knollenberg The CHAIRMAN. The pending busi- Emerson Poshard Goode McCarthy (MO) Saxton Engel Kolbe Price (NC) ness is the demand for a recorded vote Goodlatte McCarthy (NY) Scarborough English Kucinich Pryce (OH) on the amendment offered by the gen- Goodling McCollum Schaefer, Dan Ensign LaFalce Quinn tleman from Nebraska (Mr. BEREUTER) Gordon McCrery Schaffer, Bob Eshoo LaHood Radanovich on which further proceedings were Goss McDade Schumer Etheridge Lampson Rahall Graham McGovern Scott Evans Lantos Ramstad postponed and on which the ayes pre- Granger McHale Sensenbrenner Everett Largent Rangel vailed by voice vote. Green McHugh Serrano Farr Latham Redmond The Clerk will redesignate the Greenwood McInnis Sessions Fattah LaTourette Regula Gutierrez McIntosh Shadegg Fawell Lazio Reyes amendment. Gutknecht McIntyre Shaw Fazio Leach Riggs The Clerk redesignated the amend- Hall (OH) McKeon Shays Filner Lee Riley ment Hall (TX) McKinney Sherman Foley Levin Rivers Hansen McNulty Shimkus Forbes Lewis (CA) Rodriguez RECORDED VOTE Hastert Meehan Shuster Ford Lewis (GA) Roemer The CHAIRMAN. A recorded vote has Hastings (WA) Meek (FL) Sisisky Fossella Lewis (KY) Rogan been demanded. Hayworth Menendez Skaggs Fowler Linder Rogers Hefley Metcalf Skeen Fox Lipinski Rohrabacher A recorded vote was ordered. Hefner Mica Skelton Frank (MA) Livingston Ros-Lehtinen The vote was taken by electronic de- Herger Millender- Slaughter Franks (NJ) LoBiondo Rothman vice, and there were—ayes 414, noes 7, Hill McDonald Smith (MI) Frelinghuysen Lofgren Roukema not voting 11, as follows: Hilleary Miller (CA) Smith (NJ) Frost Lowey Roybal-Allard Hilliard Miller (FL) Smith (OR) Furse Lucas Royce [Roll No. 168] Hinchey Minge Smith (TX) Gallegly Luther Rush AYES—414 Hinojosa Mink Smith, Adam Ganske Maloney (CT) Ryun Hobson Moakley Smith, Linda Gejdenson Maloney (NY) Sabo Abercrombie Boehner Coble Hoekstra Mollohan Snowbarger Gekas Manton Salmon Ackerman Bonilla Coburn Holden Moran (KS) Snyder Gephardt Manzullo Sanchez Aderholt Bonior Collins Hooley Moran (VA) Solomon Gibbons Markey Sanders Allen Bono Combest Horn Morella Souder Gilchrest Martinez Sandlin Andrews Borski Condit Hostettler Murtha Spence Gillmor Mascara Sanford Archer Boswell Conyers Houghton Myrick Spratt Gilman Matsui Sawyer Armey Boucher Cook Hoyer Nadler Stark Goode McCarthy (MO) Saxton Bachus Boyd Cooksey Hulshof Neal Stearns Goodlatte McCarthy (NY) Scarborough Baesler Brady Costello Hunter Nethercutt Stenholm Goodling McCollum Schaefer, Dan Baker Brown (CA) Coyne Hutchinson Neumann Stokes Gordon McCrery Schaffer, Bob Baldacci Brown (FL) Cramer Hyde Ney Strickland Goss McDade Schumer Ballenger Brown (OH) Crane Inglis Northup Stump Graham McGovern Scott Barcia Bryant Crapo Istook Nussle Stupak Granger McHale Sensenbrenner Barr Bunning Cubin Jackson (IL) Oberstar Sununu Green McHugh Serrano Barrett (NE) Burr Cummings Jackson-Lee Obey Talent Greenwood McInnis Sessions Barrett (WI) Burton Cunningham (TX) Olver Tanner Gutierrez McIntosh Shadegg Bartlett Buyer Danner Jefferson Ortiz Tauscher Gutknecht McIntyre Shaw Barton Callahan Davis (FL) Jenkins Owens Tauzin Hall (OH) McKeon Shays Bass Calvert Davis (IL) John Oxley Taylor (MS) Hall (TX) McKinney Sherman Becerra Camp Davis (VA) Johnson (CT) Packard Taylor (NC) Hansen McNulty Shimkus Bentsen Canady Deal Johnson (WI) Pallone Thomas Hastert Meehan Shuster Bereuter Cannon DeFazio Johnson, E. B. Pappas Thompson Hastings (WA) Meek (FL) Sisisky Berman Capps DeGette Johnson, Sam Parker Thornberry Hayworth Menendez Skaggs Berry Cardin Delahunt Jones Pascrell Thune Hefley Metcalf Skeen Bilbray Castle DeLauro Kanjorski Pastor Thurman Hefner Mica Skelton Bilirakis Chabot DeLay Kaptur Paul Tiahrt Herger Millender- Slaughter Bishop Chambliss Deutsch Kasich Paxon Tierney Hill McDonald Smith (MI) Blagojevich Chenoweth Dickey Kelly Payne Torres Hilleary Miller (CA) Smith (NJ) Bliley Christensen Dicks Kennedy (MA) Pease Towns Hilliard Miller (FL) Smith (OR) Blumenauer Clayton Dingell Kennedy (RI) Pelosi Traficant Hinchey Minge Smith (TX) Blunt Clement Dixon Kennelly Peterson (MN) Turner Hinojosa Mink Smith, Adam Boehlert Clyburn Doggett May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3567 Upton Watts (OK) Wicker Evans Latham Regula Wolf Wynn Young (AK) Velazquez Waxman Wise Everett LaTourette Reyes Woolsey Yates Young (FL) Vento Weldon (FL) Wolf Farr Lazio Riggs Visclosky Weldon (PA) Woolsey Fattah Leach Riley NOES—6 Walsh Weller Wynn Fazio Lee Rivers Campbell Hastings (FL) Moran (VA) Wamp Weygand Young (AK) Filner Levin Rodriguez Hamilton McDermott Wexler Waters White Young (FL) Foley Lewis (CA) Roemer Watkins Whitfield Forbes Lewis (GA) Rogan NOT VOTING—14 Ford Lewis (KY) Rogers NOES—7 Bateman Ewing McIntosh Fossella Linder Rohrabacher Brady Fawell Meeks (NY) Campbell McDermott Yates Fowler Lipinski Ros-Lehtinen Carson Gonzalez Stabenow Hamilton Watt (NC) Fox Livingston Rothman Clay Harman Weldon (FL) Hastings (FL) Wexler Frank (MA) LoBiondo Roukema Cox Hill Franks (NJ) Lofgren Roybal-Allard NOT VOTING—11 Frelinghuysen Lowey Royce b 1448 Bateman Diaz-Balart Meeks (NY) Frost Lucas Rush Carson Ewing Norwood Furse Luther Ryun So the amendment was agreed to. Clay Gonzalez Stabenow Gallegly Maloney (CT) Sabo The result of the vote was announced Cox Harman Ganske Maloney (NY) Salmon as above recorded. Gejdenson Manton Sanchez Gekas Manzullo Sanders PERSONAL EXPLANATION b 1439 Gephardt Markey Sandlin Mr. WELDON of Florida. Mr. Chairman, on So the amendment was agreed to. Gibbons Martinez Sanford rollcall No. 169, I was inadvertently detained. Gilchrest Mascara Sawyer The result of the vote was announced Gillmor Matsui Saxton Had I been present, I would have voted ``yes.'' as above recorded. Gilman McCarthy (MO) Scarborough AMENDMENT A–4 OFFERED BY MR. HUNTER Goode McCarthy (NY) Schaefer, Dan PERSONAL EXPLANATION The CHAIRMAN. The pending busi- Goodlatte McCollum Schaffer, Bob Mr. DIAZ-BALART. Mr. Chairman, on rollcall Goodling McCrery Schumer ness is the demand for a recorded vote No. 168, I was inadvertently detained. Had I Gordon McDade Scott on the amendment offered by the gen- been present, I would have voted ``yes.'' Goss McGovern Sensenbrenner tleman from California (Mr. Hunter) on Graham McHale Serrano AMENDMENT A–3 OFFERED BY MR. HEFLEY Granger McHugh Sessions which further proceedings were post- The CHAIRMAN. The pending busi- Green McInnis Shadegg poned and on which the ayes prevailed ness is the demand for a recorded vote Greenwood McIntyre Shaw by voice vote. Gutierrez McKeon Shays The Clerk will redesignate the on the amendment offered by the gen- Gutknecht McKinney Sherman tleman from Colorado (Mr. HEFLEY) on Hall (OH) McNulty Shimkus amendment. which further proceedings were post- Hall (TX) Meehan Shuster The Clerk redesignated the amend- Hansen Meek (FL) Sisisky ment. poned and on which the ayes prevailed Hastert Menendez Skaggs RECORDED VOTE by voice vote. Hastings (WA) Metcalf Skeen The Clerk will redesignate the Hayworth Mica Skelton The CHAIRMAN. A recorded vote has amendment. Hefley Millender- Slaughter been demanded. Hefner McDonald Smith (MI) A recorded vote was ordered. The Clerk redesignated the amend- Herger Miller (CA) Smith (NJ) ment. Hilleary Miller (FL) Smith (OR) The CHAIRMAN. This will be a five- RECORDED VOTE Hilliard Minge Smith (TX) minute vote. Hinchey Mink Smith, Adam The vote was taken by electronic de- The CHAIRMAN. A recorded vote has Hinojosa Moakley Smith, Linda been demanded. Hobson Mollohan Snowbarger vice, and there were—ayes 364, noes 54, A recorded vote was ordered. Hoekstra Moran (KS) Snyder not voting 14, as follows: Holden Morella Solomon [Roll No. 170] The CHAIRMAN. This will be a 5- Hooley Murtha Souder minute vote. Horn Myrick Spence AYES—364 The vote was taken by electronic de- Hostettler Nadler Spratt Abercrombie Calvert Doyle vice, and there were—ayes 412, noes 6, Houghton Neal Stark Aderholt Camp Duncan Hoyer Nethercutt Stearns Andrews Canady Dunn not voting 14, as follows: Hulshof Neumann Stenholm Archer Cannon Edwards [Roll No. 169] Hunter Ney Stokes Armey Capps Ehrlich Hutchinson Northup Strickland AYES—412 Bachus Cardin Emerson Hyde Norwood Stump Baesler Castle Engel Abercrombie Boswell Crane Inglis Nussle Stupak Baker Chabot English Ackerman Boucher Crapo Istook Oberstar Sununu Baldacci Chambliss Ensign Aderholt Boyd Cubin Jackson (IL) Obey Talent Ballenger Chenoweth Etheridge Allen Brown (CA) Cummings Jackson-Lee Olver Tanner Barcia Christensen Evans Andrews Brown (FL) Cunningham (TX) Ortiz Tauscher Barr Clement Everett Archer Brown (OH) Danner Jefferson Owens Tauzin Barrett (NE) Clyburn Fawell Armey Bryant Davis (FL) Jenkins Oxley Taylor (MS) Bartlett Coble Filner Bachus Bunning Davis (IL) John Packard Taylor (NC) Barton Coburn Foley Baesler Burr Davis (VA) Johnson (CT) Pallone Thomas Bentsen Collins Forbes Baker Burton Deal Johnson (WI) Pappas Thompson Bereuter Combest Ford Baldacci Buyer DeFazio Johnson, E. B. Parker Thornberry Berman Condit Fossella Ballenger Callahan DeGette Johnson, Sam Pascrell Thune Bilbray Cook Fowler Barcia Calvert Delahunt Jones Pastor Thurman Bilirakis Cooksey Fox Barr Camp DeLauro Kanjorski Paul Tiahrt Bishop Costello Frank (MA) Barrett (NE) Canady DeLay Kaptur Paxon Tierney Blagojevich Coyne Franks (NJ) Barrett (WI) Cannon Deutsch Kasich Payne Torres Bliley Cramer Frelinghuysen Bartlett Capps Diaz-Balart Kelly Pease Towns Blumenauer Crapo Frost Barton Cardin Dickey Kennedy (MA) Pelosi Traficant Blunt Cubin Gallegly Bass Castle Dicks Kennedy (RI) Peterson (MN) Turner Boehlert Cummings Ganske Becerra Chabot Dingell Kennelly Peterson (PA) Upton Boehner Cunningham Gejdenson Bentsen Chambliss Dixon Kildee Petri Velazquez Bonilla Danner Gekas Bereuter Chenoweth Doggett Kilpatrick Pickering Vento Bonior Davis (FL) Gephardt Berman Christensen Dooley Kim Pickett Visclosky Bono Davis (IL) Gibbons Berry Clayton Doolittle Kind (WI) Pitts Walsh Borski Davis (VA) Gilchrest Bilbray Clement Doyle King (NY) Pombo Wamp Boswell Deal Gillmor Bilirakis Clyburn Dreier Kingston Pomeroy Waters Boucher DeFazio Gilman Bishop Coble Duncan Kleczka Porter Watkins Boyd DeGette Goode Blagojevich Coburn Dunn Klink Portman Watt (NC) Brady Delahunt Goodlatte Bliley Collins Edwards Klug Poshard Watts (OK) Brown (FL) DeLauro Goodling Blumenauer Combest Ehlers Knollenberg Price (NC) Waxman Brown (OH) DeLay Gordon Blunt Condit Ehrlich Kolbe Pryce (OH) Weldon (PA) Bryant Deutsch Goss Boehlert Conyers Emerson Kucinich Quinn Weller Bunning Diaz-Balart Graham Boehner Cook Engel LaFalce Radanovich Weygand Burr Dickey Granger Bonilla Cooksey English LaHood Rahall White Burton Dingell Green Bonior Costello Ensign Lampson Ramstad Whitfield Buyer Doggett Greenwood Bono Coyne Eshoo Lantos Rangel Wicker Callahan Doolittle Gutierrez Borski Cramer Etheridge Largent Redmond Wise H3568 CONGRESSIONAL RECORD — HOUSE May 20, 1998 Gutknecht McCollum Roukema NOT VOTING—14 and foremost about protecting women’s Hall (OH) McCrery Royce Bass Ewing Owens health. Local facilities and foreign na- Hall (TX) McDade Rush Bateman Gonzalez Souder Hansen McGovern Ryun tions are often not equipped to perform Carson Harman Spratt Hastert McHale Sanders abortions safely and medical safety and Clay Kasich Stabenow Hastings (WA) McHugh Sandlin Cox Meeks (NY) medical standards are often far lower Hayworth McInnis Sanford than those in the United States. Hefley McIntosh Saxton b 1457 Hefner McIntyre Scarborough A woman forced to seek an abortion Herger McKeon Schaefer, Dan Mr. DOOLEY of California changed at local facilities or forced to wait to Hill McKinney Schaffer, Bob his vote from ‘‘aye’’ to ‘‘no.’’ travel to acquire safe abortion services Hilleary McNulty Schumer So the amendment was agreed to. Hilliard Meehan Scott faces tremendous health risks. Do we Hinchey Meek (FL) Sensenbrenner The result of the vote was announced really want American servicewomen Hinojosa Menendez Sessions as above recorded. overseas seeking back-alley abortions Hobson Metcalf Shadegg The CHAIRMAN. It is now in order to on their own in a foreign country? Hoekstra Mica Shaw Holden Millender- Shays consider amendment No. 1 printed in This amendment does not allow tax- Hooley McDonald Sherman Part B of House Report 105–544. payer-funded abortions at military hos- Horn Miller (CA) Shimkus AMENDMENT NO. 1 OFFERED BY MRS. LOWEY pitals, nor does it compel any doctor Hostettler Miller (FL) Shuster who opposes abortion to perform an Hoyer Minge Sisisky Mrs. LOWEY. Mr. Chairman, I offer Hulshof Mink Skeen an amendment. abortion. The amendment merely rein- Hunter Moakley Skelton The CHAIRMAN. The Clerk will des- states the policy that was in effect Hutchinson Mollohan Slaughter ignate the amendment. from 1973 to 1988, and again from 1993 Hyde Moran (KS) Smith (MI) to 1996, giving women in the military Inglis Morella Smith (NJ) The text of the amendment is as fol- Istook Murtha Smith (OR) lows. who are stationed overseas the same Jackson (IL) Myrick Smith (TX) Part B amendment No. 1 offered by Mrs. rights as military women in their own Jackson-Lee Nadler Smith, Linda LOWEY: country: the right to purchase a safe (TX) Neal Snowbarger Jefferson Nethercutt Snyder At the end of subtitle A of title VII (page and legal abortion with their own pri- Jenkins Neumann Solomon 189, after line 5) insert the following new sec- vate money. John Ney Spence tion: Servicewomen and military depend- Johnson (WI) Northup Stark SEC. 705. RESTORATION OF POLICY AFFORDING ents stationed abroad do not expect Johnson, E. B. Norwood Stearns ACCESS TO CERTAIN HEALTH CARE special treatment, only the right to re- Johnson, Sam Nussle Stenholm PROCEDURES FOR FEMALE MEM- Jones Oberstar Stokes BERS OF THE ARMED FORCES AND ceive the same services guaranteed to Kanjorski Oxley Strickland DEPENDENTS AT DEPARTMENT OF American women under Roe v. Wade. Kaptur Packard Stump DEFENSE FACILITIES OVERSEAS. This bill penalizes women who have Kelly Pallone Stupak Section 1093 of title 10 United States Code, Kennedy (MA) Pappas Sununu volunteered to serve their country by Kennedy (RI) Parker Talent is amended— prohibiting them from exercising their Kennelly Pascrell Tanner (1) in subsection (a), by striking out ‘‘(a) constitutionally protected right to Kildee Pastor Tauzin RESTRICTION ON USE OF FUNDS.—’’; and choose. Taylor (MS) (2) by striking out subsection (b). Kim Paul I urge my colleagues, consider the Kind (WI) Paxon Taylor (NC) The CHAIRMAN. Pursuant to House King (NY) Payne Thompson irony of the United States military, Kingston Pease Thornberry Resolution 441, the gentlewoman from the greatest and most powerful in the Kleczka Pelosi Thune New York (Mrs. LOWEY) and a Member world, denying overseas servicewomen Klink Peterson (MN) Thurman opposed each will control 20 minutes. Klug Peterson (PA) Tiahrt and servicemen and their families the Knollenberg Petri Tierney Mr. BUYER. Mr. Chairman, I rise in rights and freedoms we are so justifi- Kucinich Pickering Torres opposition to the amendment and ably proud of at home. LaHood Pitts Towns claim the time. I urge support for the Lowey-Har- Lampson Pombo Traficant The CHAIRMAN. The gentleman Lantos Pomeroy Turner man-Morella amendment. Largent Porter Upton from Indiana (Mr. BUYER) will be rec- Mr. Chairman, I reserve the balance Latham Portman Velazquez ognized for 20 minutes. of my time. LaTourette Poshard Vento The Chair recognizes the gentle- Mr. BUYER. Mr. Chairman, I yield Lazio Price (NC) Visclosky Leach Pryce (OH) Walsh woman from New York (Mrs. LOWEY). myself 2 minutes. Mr. Chairman, over the past three Levin Quinn Wamp b 1500 Lewis (CA) Radanovich Watkins decades, the availability of abortion Lewis (KY) Rahall Watts (OK) Mrs. LOWEY. Mr. Chairman, I yield services at military medical facilities Linder Ramstad Waxman myself such time as I may consume. Lipinski Rangel Weldon (FL) has been the subject of numerous Livingston Redmond Weldon (PA) The gentlewoman from Maryland changes and interpretations over the LoBiondo Regula Weller (Mrs. MORELLA) and I are pleased to years. In January of 1993, President Lowey Riggs Weygand offer an amendment today on behalf of Clinton signed an executive order di- Lucas Riley White the gentlewoman from California (Ms. Luther Rivers Whitfield recting the Department of Defense to Maloney (CT) Rodriguez Wicker HARMAN), who unfortunately cannot be permit privately funded abortions be Maloney (NY) Roemer Wise here. The Lowey-Harman-Morella performed in military treatment facili- Manton Rogan Wolf amendment would give military Markey Rogers Woolsey ties. Martinez Rohrabacher Wynn women access to the health care they The changes ordered by the Presi- Mascara Ros-Lehtinen Young (AK) need and deserve. dent, however, did not have the effect McCarthy (NY) Rothman Young (FL) Our amendment will repeal a provi- of greatly increasing access to abortion sion of law which prevents service- services. Few abortions were performed NOES—54 women and female dependents of serv- at military treatment facilities over- Ackerman Fazio Olver icemen from using their own funds to seas for two principle reasons: Allen Furse Ortiz Barrett (WI) Hamilton Pickett obtain legal abortion services in mili- First, the United States military fol- Becerra Hastings (FL) Reyes tary hospitals. Women who volunteer lows the prevailing laws and rules of Berry Houghton Roybal-Allard to serve in the Armed Forces already foreign countries regarding abortions Brown (CA) Johnson (CT) Sabo give up many freedoms and risk their Campbell Kilpatrick Salmon and, secondly, the military had a dif- Clayton Kolbe Sanchez lives in defending our country. They ficult time finding health care profes- Conyers LaFalce Sawyer should not also have to sacrifice their sionals in uniform willing to perform Crane Lee Serrano health, their safety and their basic the abortions. Dicks Lewis (GA) Skaggs Dixon Lofgren Smith, Adam constitutional rights to a policy with The current law is consistent with Dooley Manzullo Tauscher no valid military purpose. the Hyde language. It allows military Dreier Matsui Thomas I want to make sure that every Mem- women and dependents to receive abor- Ehlers McCarthy (MO) Waters ber of Congress knows that the Depart- tions in military treatment facilities Eshoo McDermott Watt (NC) Farr Moran (VA) Wexler ment of Defense itself is opposed to the in cases of rape, incest or when nec- Fattah Obey Yates current policy. Our amendment is first essary to save the life of the mother. May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3569 This is the same policy that has been discrimination between rank of officers a conscience clause. No doctor has to in effect from June 1988, until Presi- and enlisted. perform this procedure if it is against dent Clinton signed the executive Mrs. JOHNSON of Connecticut. Mr. their own views. order. The House has voted several Chairman, will the gentleman yield? Mr. Chairman, I yield 1 minute to the times to ban abortions at overseas Mr. BUYER. I yield to the gentle- gentlewoman from Colorado (Ms. military hospitals. Last year this woman from Connecticut. DEGETTE). amendment was offered and defeated at Mrs. JOHNSON of Connecticut. Re- Ms. DEGETTE. Mr. Chairman, I rise full committee markup and during member, space available, I have a lot of in strong support of the Lowey-Har- floor consideration. family in the military, is hard to get, man-Morella amendment. In 1996, between the defense author- and there is timeliness involved in this This amendment is simply about re- ization bill and the defense appropria- issue. storing the basic rights that have been tions bill, this House voted 8 times in Mr. BUYER. Mr. Chairman, reclaim- denied to women simply because they favor of the ban on abortions at mili- ing my time, there is no difference in serve in the military. Every woman in tary treatment facilities. In those treatment between the officer corps America has a constitutional right to overseas areas, where female bene- and the NCO corps, the enlisted corps reproductive choice. Yet the anti- ficiaries do not have access to safe, on this measure. choice movement in Congress has been legal abortions, beneficiaries have the Mr. Chairman, I yield 2 minutes to relentless to overturn this constitu- option of using space-available travel the gentleman from Florida (Mr. tional right. for returning to the United States or WELDON). Poor women, women who live in the traveling to another overseas location Mr. WELDON of Florida. Mr. Chair- Nation’s capital, women in the mili- for the purpose of obtaining an abor- man, I thank the gentleman for yield- tary are just the first victims of a de- tion. ing me the time. liberate attempt to outlaw access to Mr. Chairman, I reserve the balance I rise again in opposition to this comprehensive reproductive services to of my time. amendment. We have debated this all American women. This amendment Mrs. LOWEY. Mr. Chairman, I yield 2 amendment now every year since I was ensures that women in the military minutes to the gentlewoman from Con- first elected to the Congress. Prior to can exercise the same rights that all necticut (Mrs. JOHNSON). coming to the Congress, I was a prac- women of America were guaranteed 25 Mrs. JOHNSON of Connecticut. Mr. ticing physician in Florida and, prior years ago. Chairman, I thank the gentlewoman to going into private practice, I spent 6 The amendment does not require the for yielding me the time. years in the U.S. Army Medical Corps. Department of Defense to pay for abor- This amendment does not fund abor- Indeed, I was in the medical corps when tions. It simply allows military women tions with tax dollars. Let us get that this policy was first established under to seek and pay for a full range of very clear. Tax dollars under current the Reagan administration. I can tell health care services. If that includes law may not pay for abortions. Tax my colleagues that the policy was well electricity, I am sure they can pay for dollars under this amendment will not received by the people within the medi- the electricity as well. pay for abortions. This amendment cal corps, the men and women. If this amendment fails, Congress merely assures that soldiers, sailors, The reason it was so well received is will jeopardize the health of all women Marines do not become second class the same reason that it is very con- who serve in the military overseas. I citizens when they don the uniform of troversial here. There are lots of Mem- urge my colleagues to think about the our great Nation to defend freedom. bers who feel that killing the unborn message they are sending and to vote This amendment merely assures that child in the womb is morally wrong aye on this amendment. our servicemen and servicewomen and and that we should not be doing that. Mr. BUYER. Mr. Chairman, I yield 2 their spouses do not have less freedom To use a military treatment facility minutes to the gentleman from Mary- than the people they defend. All this and to ask our men and women in uni- land (Mr. BARTLETT). amendment guarantees is that a serv- form, many of whom have very, very Mr. BARTLETT of Maryland. Mr. icewoman or a serviceman’s wife has strong objections to this procedure, Chairman, for many years before it was the same right any other American they do not consider it a medical pro- law, no abortions were done in our woman has to terminate a pregnancy cedure, they consider it killing, is just military hospitals. The reason was that in, for example, the first trimester, in wrong. military doctors will not do abortions. a safe, clean health care facility. Any I can tell my colleagues that when I The present policy and its law is that if serviceman’s wife or servicewoman was on active duty, when this ban went the life of the mother is at risk, those who would want to would have to pay into effect, it was very, very well re- abortions are permitted. As a matter of for the procedure themselves. This does ceived by the nurses, by the physicians. fact, they are fully funded. In cases of not provide tax dollars for the proce- They did not like doing it, and today, rape and incest, the abortion is per- dure. In fact, this amendment only still, they do not like doing it. I would mitted. does three things: encourage all of my colleagues to vote When American people are polled, It provides equal rights to our mili- no on this amendment. Those who fully 80 percent of them oppose abor- tary servicemen and servicewomen to would claim that no taxpayer dollars tion for birth control. If you exclude legal medical care. It provides equal are being used, I disagree with that. life of the mother, rape and incest, es- protection against care in substandard They are using the facility. They are sentially all that remains is abortion hospitals by substandard physicians. using the materials. They are using the for birth control. A lot has been said And thirdly, it provides equal protec- infrastructure, the electricity that is about the health of the mother. Killing tion under the law. Remember, the way there. I say, do not use in any way tax babies when the mother’s life is not at the current policy is written, if you are dollars for this kind of purpose. risk is not a woman’s health issue. a colonel, a major, and you are well The reason people do not like this is Let me close by saying that you do paid, yes, you can fly back to the the same reason they could not find not have a right to do what is wrong, States to have care. If you are an en- any doctors to do it in the first place, and killing the preborn baby is wrong. listed man, frankly, you cannot. So and that is because it is ending a Mrs. LOWEY. Mr. Chairman, I yield 1 this prevents discrimination on an eco- human life. People will try to dehu- minute to the gentlewoman from Texas nomic basis and merely guarantees to manize this whole procedure and call it (Ms. JACKSON-LEE). servicemen’s wives and to service- something else, but in reality it is tak- Ms. JACKSON-LEE of Texas. Mr. women exactly the same rights to ac- ing a living human being in the womb Chairman, I thank the gentlewoman cess to medical care that all other and abruptly ending its life. I think it from New York for yielding me the Americans enjoy. is wrong, and I urge all my colleagues time. Mr. BUYER. Mr. Chairman, I yield to vote no on this. I would simply say that, here we go myself 15 seconds to respond and say Mrs. LOWEY. Mr. Chairman, I yield again, on an argument that argues that space-available travel is at no cost myself 15 seconds just to remark to the against the law of the land. Our mili- to the service member so there is no gentleman that the military does have tary personnel deserve to be under the H3570 CONGRESSIONAL RECORD — HOUSE May 20, 1998 law of the land. So all we are simply Mrs. CHENOWETH. Mr. Chairman, I formed? And if it is contracted out, asking is that the laws of this land re- rise in strong opposition to this amend- who pays for that? So I think we are garding choice and the right to an ment. Indeed the law of the land was talking about some taxpayer funding. abortion be applied to the women in passed on February 10, 1996. It was with Also, I am paying attention to the the United States military. Prohibiting regard to this issue. It is entitled the language here, and I think everyone women from using their own funds to National Defense Authorization Act for should. I guess what we are calling obtain abortion services at overseas Fiscal Year 1996 and was signed into abortions here on the House floor, the military facilities actually endangers law by President Clinton. proponents of this amendment do not the woman’s health. Women stationed This act contained a provision to pre- want to call it abortion. They call it overseas depend on their base hospitals vent DOD medical treatment facilities women’s health and comprehensive re- for medical care and are often situated from being used to perform abortions productive health services. But let us in areas where local facilities are inad- except where the life of the mother is call it what it is. This is taking the life equate or unavailable. This policy may endangered or in the case of rape or in- of another. cause a woman facing a crisis preg- cest. Quite simply, should this amend- Mrs. LOWEY. Mr. Chairman, I yield 3 nancy to seek out an illegal and poten- ment be adopted, not only would tax- minutes to the gentlewoman from tially unsafe abortion. payer-funded facilities be used to sup- Maryland (Mrs. MORELLA), my former The issue of as space available, I port abortion on demand, but resources co-chair of the Congressional Caucus think it is very well known that even would also be used to search for, to on Women’s Issues. in circumstances of a death at home it hire and to transport new personnel so (Mrs. MORELLA asked and was given becomes very difficult for our service- that abortions could be performed. permission to revise and extend her re- men and women sometimes to be able marks.) b 1515 to get back home. Certainly space Mrs. MORELLA. Mr. Chairman, I available is going to argue against a Mr. Chairman, this is unacceptable thank the gentlewoman for yielding me crisis situation when there is the ne- and disturbing. Military treatment this time. cessity to protect the life and health of centers must remain dedicated to heal- I am pleased to be a cosponsor of this the mother. We need to comply with ing and nurturing life. As such, they amendment offered by my friend, the the law of the land for all of our U.S. should not be forced to facilitate the gentlewoman from New York (Mrs. military women. Let us be fair and taking of the most innocent human LOWEY) and also the gentlewoman from treat them as they should be. life, the child in the womb. California (Ms. HARMAN). As we know, I strongly support amendment No. 45 which I urge my colleagues to protect the this amendment is simply going to give will restore regulations permitting abortions for sanctity of life and vote ‘‘no’’ on this our U.S. servicewomen stationed over- service members and their dependents at amendment. seas access to the Department of De- overseas Defense Department Medical facili- Mrs. LOWEY. Mr. Chairman, I yield 1 fense health facilities by repealing a ties. minute to the gentleman from Illinois provision of law which bars them from Without this amendment women who have (Mr. DAVIS). using their own funds, and I emphasize volunteered to serve their country will continue Mr. DAVIS of Illinois. Mr. Chairman, that, to obtain legal abortion services to be discriminated against by prohibiting them I rise today in support of the Lowey- in military hospitals. from exercising their legally protected right to Harman amendment to the defense au- Base hospitals are sometimes the choose abortion simply because they are sta- thorization bill because it is fair and it only facilities for medical care, and in tioned overseas. is right. countries like Bosnia, usually there is While the Department of Defense policy re- Women serving our Nation overseas no other resort because local health fa- spects the laws of host nations regarding should have access to constitutionally cilities are frequently inadequate. abortions, service women stationed overseas protected health care procedures. The They just do not meet our standards of should be entitled to the same services as do United States military should provide health. And so, without having the women stationed in the U.S. for all the health needs of all its mem- Prohibiting women from using their own amendment that we offer, in order to bers. Health needs are health needs. funds to obtain abortion services at overseas resolve the problem of not having ade- Women who are proudly serving and military facilities endangers women's health. quate medical facilities, illegal proce- protecting the security of our Nation Women stationed overseas depend on their dures perhaps might be the result of it, overseas should be able to depend on base hospitals for medical care, and are often or unsafe operations. their base hospitals for all of their situated in areas where local facilities are in- And abortion is a constitutional medical services. Therefore, women adequate or unavailable. This policy may right. We ask many sacrifices of our should have access to reproductive cause a woman facing a crisis pregnancy to service people. Let us not compel them health care just as they have access to seek out an illegal and potentially unsafe abor- to sacrifice basic health rights, the treatment for the flu. tion. rights of privacy and the constitu- Since 1985, the ban on DOD abortions was I urge my colleagues to support this tional rights that others do have. made permanent by the DOD authorization amendment. Also, this amendment is about fair- bill. This amendment does not require the De- Mr. BUYER. Mr. Chairman, I yield ness. Our servicewomen and military partment of Defense to pay for abortions, it myself 1 minute to make a couple of dependents stationed abroad are not simply repeals the current ban on privately observations. asking for any special treatment, they funded abortions at U.S. military facilities over- One is that, in fact, the amendment are only asking for the ability to have seas. Absolutely no Federal funds will be used before us is striking language. So with the very same rights that all Ameri- for abortion services. regard to the last speaker, when he cans have under the Constitution. In addition, all three branches of the military said we only want to provide constitu- And, also, there is a matter of look- have a ``conscience clause'' provision which tionally protected abortion access, ing economically at it. Yes, there will permit medical personnel who have moral, then what we do is we set forth the sce- might be those who say, well, members religious or ethical objections to abortion or nario of having also late-term abor- can go home for those services. Well, family planning services not to participate in tions. Partial-birth abortions could maybe those who are highly paid can, the procedure. These provisions will remain in- also then be performed at military but there are a certain group of officers tact as well. treatment facilities. I do not think who have served us so very well, where Access to abortion is a crucial right for that is what we want at military treat- the expense would be prohibitive and American women, whether or not they are sta- ment facilities. so, therefore, they are stuck. So there tioned abroad. This amendment must be sup- We also have the scenario where it is an economic inequity in that. ported as women who serve our country must was argued this would not have any- I want to reiterate that we are not be able to exercise their choice whether or not thing to do with taxpayer funds. Well, asking that every doctor perform the they are on American soil. if in fact our problem is we cannot find abortion, even though it is constitu- Mr. BUYER. Mr. Chairman, I yield 2 a military doctor willing to perform an tional. We are not asking for taxpayers minutes to the gentlewoman from abortion, then are we going to have to to fund it at military hospitals. Any Idaho (Mrs. CHENOWETH). contract out to have that abortion per- doctor who opposes it on principle or a May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3571 matter of conscience would not have to United States and lose your choice just as I am glad my parents decided to perform the abortion, even if it is legal. over your own body. Join the armed have me, and I am appalled that some- And this does not mean that we have services, sisters, and lose your con- one would come to the floor and say the expense of having to pay for it at stitutional rights. this is something about women’s another facility. The amendment mere- All the red herrings in the world will rights. ly reinstates the policy that was in ef- not make this palatable to young Ms. NORTON. Mr. Chairman, will the fect from 1973 until 1988 and then it was women in this country today. The no- gentleman yield? again in effect from 1993 to 1996. tion about whether their own money or Mr. BUYER. I yield to the gentle- Let me finally just point out the taxpayers’ money is involved, for ex- woman from the District of Columbia. strong support from health care provid- ample. Women would agree to paying Ms. NORTON. Mr. Chairman, the ers, those groups that know and do the full cost, including the electricity, gentleman is appalled because the mes- work with health care organizations for the Member who was concerned sage strikes home. The gentleman is like the American Nurses Association, there. Include the full cost of the abor- appalled because this Member is call- the American Public Health Associa- tion. The gentleman wants to know ing for respect. And as the gentleman tion, the American Medical Women’s about contracting out. The last time I respects human life on his set of val- Association, the American College of heard, we contract out for the full cost ues, there are no set of values on which Obstetricians and Gynecologists, of the service. the gentleman should not be respectful Planned Parenthood Federation of Show some respect for women serv- of women in the armed forces. America. Those among many others ing their country. Imagine the position Mr. BUYER. Mr. Chairman, I reclaim have expressed their strong support for we put them in in Haiti or in Bosnia, my time to say I respect human life, this amendment. having to find a safe place for an abor- yes, on my set of values, on the set of It is also supported by the Depart- tion. Suppose it is a crisis pregnancy values that is the proponent of life as ment of Defense, I would like to em- but not one resulting from rape or in- opposed to killing a human being. phasize. So I hope that Members would cest. Why would any Member of this Mrs. LOWEY. Mr. Chairman, I yield 2 join us in supporting this amendment. body want to put any woman serving in minutes to the gentlewoman from New Mr. BUYER. Mr. Chairman, I yield 1 the armed forces at risk? Why? Why York (Mrs. MALONEY). minute to the gentleman from Califor- even would we want to put her at any Mrs. MALONEY of New York. Mr. nia (Mr. CUNNINGHAM), a member of the inconvenience? She has signed up to Chairman, I thank the gentlewoman committee. serve her country. I think she deserves for yielding me this time, and I rise in Mr. CUNNINGHAM. Mr. Chairman, I all the respect we can muster. support of the Lowey-Harman-Morella spent 20 years in the military and not And let me be clear. The armed serv- amendment. once, not one time did I ever see a ices today needs its women more than DACOWITS, the Defense Advisory woman’s right to choose denied. If its men, because it is the women whose Committee on Women in the Services, there was a need for that individual to percentages are rising. It is the per- found that women soldiers had dif- come back and do it and get the proce- centage of men that is going down. ficulty getting access to medical care dure, they were allowed. Whether we Women are indispensable in the armed overseas, particularly in the Pacific. are for or against abortion, it should services today. They are very young; This unequal ban exacerbates this not be in this body, and that includes they may have a different life-style problem. funding for it. from many Members of this body, but Last time I checked, an American But in the military, if a woman is we had better understand this: the woman still had the right to choose, overseas and they are in a unit, they services will have to close up shop that is if she is living in the United are in a combat backup unit, they do without them. States. When she decides to defend our not want somebody there that has gone This is the wrong message at the country, she loses that constitutional through an abortion. They want them wrong time to send to the young right. When a female soldier is defend- out of the country. They want them women the services are trying to re- ing the rights and privileges of this out of that unit until they can recover cruit today. The women’s numbers are country, she is denied some of the same and then come back. going up. They are at 14 percent. In rights and privileges. I have heard that it denies the basic 1990 they were at 11 percent. They keep If a male member of the armed serv- rights. It does not. The statute says rising. They are the cream of the crop. ices needs medical attention overseas, that they have the right, especially in They are listening to this debate, and I he receives the best. If a female mem- the case of rape, incest or life of the believe I speak for them and for the ber of the armed services needs a spe- mother. And any other case, the mili- women now serving when I say elimi- cific medical procedure, she is forced to tary will bring them back. nate discrimination against women in either wait until she can travel to the Those folks that are for this very the armed forces, stand with the United States, at extreme inconven- amendment are the same folks that are women serving their country. ience and expense, or go to a foreign cutting defense and cutting defense and Mr. BUYER. Mr. Chairman, I yield hospital which may be unsanitary and cutting defense. In the case of the gen- myself 1 minute to respond. dangerous. tlewoman from California (Ms. HAR- This is not a question of those in the This bill will cost the American tax- MAN), her biggest contributor is Loral, military versus women who serve in payer absolutely nothing. Each woman the one that sold the technology to the the military, and I think that is an in- will pick up her own tab. All she wants Chinese. If my colleagues want to sulting argument for anybody to use is the constitutional right that she has worry about men and women in the and it is a red herring in this argu- in this country to also be provided military, then take care of the mili- ment. when she is serving overseas in Amer- tary and quit bringing these kinds of If my colleague wants to talk about ican bases; to be able to go to Amer- amendments up. respect, I have respect for the sanctity ican hospitals and receive the same Mrs. LOWEY. Mr. Chairman, I yield of human life. That is what this is rights. 21⁄2 minutes to the gentlewoman from about. My colleague is a little uncom- b 1530 the District of Columbia (Ms. NORTON). fortable about that, is she not? That is Ms. NORTON. Mr. Chairman, I thank what this is about. It is about human Women have waited long enough to the gentlewoman from New York for life. receive equal treatment in the mili- yielding me this time and congratulate Think about our military. The pur- tary. I hope that my colleagues on both her on this important amendment. I pose we have in the military is to pro- sides of the aisle will vote for this rise in strong support of the Lowey- tect our freedoms and our liberties, and amendment and give these most-de- Harman amendment. when that is laid out in the Constitu- serving soldiers back what is rightfully Do we hear what we are saying in tion, we believe, we, those of us who theirs. this debate to the women of our armed believe in the sanctity of life, believe, I might add, only in a Republican services? Make the choice to serve your and I am just as happy that the gentle- Congress would constitutional rights country in the armed services of the woman’s parents decided to have her, that are given to our citizens over here H3572 CONGRESSIONAL RECORD — HOUSE May 20, 1998 be denied to them when they are over- I do not think our defense hospitals, a safe provider, or it may force a seas defending probably many men needed to treat our war fighters, woman to seek an illegal, unsafe proce- that did not even serve in the military. should be turned into abortion clinics. dure locally. Mr. BUYER. Mr. Chairman, I yield When the 1993 policy permitting abor- Women who volunteer to serve in our myself 15 seconds to respond. tions was first promulgated, all mili- Armed Forces already give up many I believe the remarks of the gentle- tary physicians, as well as many nurses freedoms and risk their lives to defend woman from New York (Mrs. MALONEY) and supporting personnel, refused to our country. They should not have to are probably very insulting to conserv- perform or assist in elective abortions. sacrifice their privacy, their health, or ative Democrats. In response, the Clinton administration their basic constitutional rights to a Mrs. LOWEY. Mr. Chairman, I yield 2 sought to hire a civilian doctor to con- policy with no valid military purpose. minutes to the gentlewoman from Con- duct abortions. This amendment is about women’s necticut (Ms. DELAURO). Therefore, if the Harman amendment health. Local facilities in foreign na- Ms. DeLAURO. Mr. Chairman, I rise were adopted, not only would taxpayer tions are often not equipped to handle in strong support of the Lowey-Harman funded facilities be used to support a procedure, and medical standards amendment. abortion on demand, but resources may be far lower than those in the This amendment restores, this is es- would be used to search for, hire, and United States. We are putting our own sentially what it does, it restores equal transport new personnel simply so that defenders at risk by forcing them to access to safe medical treatment for abortions could be performed. seek local facilities from medical pro- U.S. military servicewomen, military Rather, let us use this defense budget cedures. dependents who are stationed overseas. to make our military stronger and not This amendment is also supported by It reinstates a policy that would allow use it to help us establish abortion the Department of Defense. these women to use their own private clinics. Military treatment centers, Mr. BUYER. Mr. Chairman, I yield 5 funds to obtain a legal abortion or which are dedicated to healing and nur- minutes to the gentleman from New abortion services in military hospitals turing human life, should not be forced Jersey (Mr. SMITH). overseas. Women who joined the mili- to facilitate the taking of the most in- Mr. SMITH of New Jersey. Mr. Chair- tary to protect our rights should not man, I thank my good friend the gen- have to check their constitutional nocent human life, the child in the womb. tleman from Indiana (Mr. BUYER) for rights at the border. yielding and for his excellent work on Let me emphasize several points I urge my colleagues to maintain the this and other provisions in this impor- about the amendment. First, the current law and vote against this tant bill. amendment would not allow Federal amendment. Mr. Chairman, the national debate on funds to be used to pay for abortions. It Mr. Chairman, I include for the partial birth abortion has proven be- simply allows women to use their own RECORD a copy of the letter from the yond any reasonable doubt that abor- funds. It is worth repeating because we Archbishop for Military Services, tion is violence against children. Most can never say it often enough, it does Edwin F. O’Brien, sent to Members of Americans and I believe most Members not get understood. Their own funds. Congress: ARCHDIOCESE FOR THE of Congress on both sides of the aisle, Women use their own funds to pay for MILITARY SERVICES, USA, Democrats, Republican, liberals, con- services in military hospitals overseas. Washington, DC, May 20, 1998. Second, the amendment would not servatives and moderates, were DEAR MEMBER OF CONGRESS: As one con- shocked and dismayed and frankly very force doctors to perform abortions due cerned with the moral well being of our saddened to learn that partial birth to the conscience clause that exists in Armed Services I write to urge you to oppose the military services. No medical per- the Harman Amendment to the FY 99 Na- abortions were routine and common- sonnel would be forced to participate in tional Defense Authorization Act (H.R. 3616). place and that it was completely legal or perform these services. This amendment would compel taxpayer to partially deliver a baby, shove a Third, this in not a new policy. Pri- funded military hospitals and personnel to scissors into the back of that baby’s provide elective abortions and seeks to head, and then hook up a hose to suc- vately funded abortions were allowed equate abortion with ordinary health care. overseas at military facilities from 1973 tion out that baby’s brain. That is the The life-destroying act of abortion is radi- reality of what choice is all about. to 1988, including all but a few months cally different from other medical proce- of the Reagan administration. And dures. Military medical personnel them- I think it is about time, Mr. Chair- then they were permitted again under selves have refused to take part of this pro- man, we connected the dots about the an executive order between 1993 and cedure or even to work where it takes place. violence of abortion. The other meth- 1996. Military hospitals have an outstanding ods are no less heinous. They kill chil- The current ban is an exception. It is record of saving life, even in the most chal- dren. They are no less violent. This is lenging times and conditions. child abuse. And that collective denial not the rule. The ban is a direct attack Please do not place this very heavy burden on the rights of American women who that we as a country have engaged in upon our wonderful men and women of for so many years needs to be put valiantly served their country. They America’s Armed Services. put their lives on the line every single Thank you for your kind consideration of away. day. this message. Mr. Chairman, abortion methods dis- I urge my colleagues to please ensure Sincerely, member children. Razor blade tipped that female military personnel and EDWIN F. O’BRIEN, suction devices 20 to 30 times more military dependents have access to safe Archibishop for the Military Services. powerful than the average household and legal medical care that the men in Mrs. LOWEY. Mr. Chairman, I yield 1 vacuum cleaner, after the child’s arms our Armed Forces do and which they minute to the gentlewoman from Cali- and legs and torso and head has been deserve. Vote ‘‘yes’’ on the Lowey-Har- fornia (Ms. SANCHEZ). decapitated, turn on the suction ma- man amendment. Ms. SANCHEZ. Mr. Chairman, this chine and the baby is literally turned Mr. BUYER. Mr. Chairman, I yield 2 amendment would give U.S. service- into a bloody pulp. This is the uncen- minutes to the gentleman from New women stationed overseas access to De- sored reality of what choice is all Jersey (Mr. PAPPAS). partment of Defense health facilities about. Abortion methods also include Mr. PAPPAS. Mr. Chairman, I thank by repealing a provision of the law injecting various deadly poisons, in- the gentleman from Indiana for yield- which bars these women from using cluding high concentrated salt solu- ing me the time. their own funds to obtain medical tions. Mr. Chairman, we are again embark- treatment in military hospitals. I chair the Committee on Inter- ing on another battle to export Ameri- Women serving in the military over- national Operations on Human Rights, ca’s disrespect for the value of human seas depend on these base hospitals for Mr. Chairman. I have had in excess of life. Not only do we kill our unborn medical care and they may be sta- 70 hearings, many of them on torture children here, we are going to vote tioned in areas where local health care in overseas prisons by dictatorships. today to allow abortions, yes, even par- facilities are inadequate. The ban may And I can tell my colleagues, when I tial birth abortions in our medical fa- cause a woman who needs medical care look at the badly burned, chemically cilities overseas. to delay treatment while she looks for burned bodies of unborn children who May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3573 have been killed with Medicine, Mr. Chairman, is all about b 1545 salioamniocentesis abortions, they are caring and curing and mitigating dis- Mr. HOSTETTLER. Mr. Chairman, I no different at all to those others who eases. Unless my colleagues think preg- rise in strong opposition to this amend- have been tortured because of their nancy is a disease to be vanquished, ment. The Supreme Court has told us faith, or because of their beliefs in de- those kids should be nurtured. We that we have to allow the killing of mocracy or their human rights advo- should be talking about maternal preborn children. It has not, however, cacy. health care, how do we beef that up. told us that government has an obliga- They have been killed. A high con- Prenatal care, that is what it is about, tion to provide this service. This centrated salt injection usually takes 2 not simultaneously saying, if we do not amendment would do just that. hours for the baby to die. And we know want the child, the child could be in- This amendment obligates the United that a child feels pain. And when that jected with salt or dismembered. States to make sure abortion services child is born dead, if we open up the Vote no on the Lowey amendment. and facilities are available at U.S. fist that is usually tightly collapsed, Mrs. LOWEY. Mr. Chairman, I yield 1 military bases. It is this obligation we can see that all the scalding and minute to the gentleman from Rhode that I believe the Committee on Na- corrosive effects of that salt fails to Island (Mr. KENNEDY). tional Security and the House soundly get on the palm because the child is in Mr. KENNEDY of Rhode Island. Mr. rejected in recent years on so many oc- pain. That is the reality, Mr. Chair- Chairman, I thank the gentlewoman casions and should again reject. man, of this so-called choice rhetoric. for yielding to me. Abortion remains a very divisive The Lowey amendment if enacted, I want to say, it is really unbeliev- practice in America and, indeed, the Mr. Chairman, will turn DOD medical able to me that we are really on this world. Allowing abortions to be per- facilities into abortion mills where this floor discussing this issue. This is not formed on military installations would kind of violence, including, as my good an issue of Row v. Wade. That issue has bring that discord and dissension right friend the gentleman from Indiana (Mr. been decided. onto our military bases complete with Women in this country have a con- BUYER) pointed out earlier, where this pickets and the like. kind of violence, including partial stitutional right to have a safe, legal The core principle at issue here is birth, would be sanctioned. abortion. This country made a decision whether the government has the obli- The Lowey amendment makes a false to do that because it did not like the gation to provide for what is merely a distinction based not on what happens public health impacts of having abor- right is a serious issue with serious to a baby in an abortion, in other tion illegal. Like it or not, women were ramifications. words a violent death, but on who pro- being killed in back-alley abortions; Does the freedom of the press guaran- vides some of the cash. It also com- and the fact is we changed the law and teed by the First Amendment obligate pletely overlooks the costs that are the Constitution of the United States the Federal Government to provide borne by the taxpayers to facilitate reflects that a woman has a right to a every interested American with a that abortion, like the provision of op- legal, safe abortion so her health is not printing press? Does the Federal Gov- erating rooms, the hiring of abortion- in jeopardy. That is a public health ernment have to provide a U.S. flag ists. issue. and a set of matches to anyone who Thank God that when Mr. Clinton’s Now what we are talking about is, wants to burn our flag just because the executive order was in effect not a sin- these Constitutional rights are not se- Supreme Court has said that flag burn- gle overseas military doctor would en- lective. We cannot just say, ‘‘I want ing is a right protected under the First gage in this violence against children. free speech just in Rhode Island and I Amendment. They have had to go out with Planned do not want free speech in California. I Does the right to distribute pornog- Parenthood’s help and look and seek to want free speech here and not there.’’ raphy, which also has been upheld by find abortionists. Well, that takes tax- This is a constitutional right that ap- the court, obligate the military to dis- payers’ dollars. The nominal fee that a plies to every single American. And for tribute it to the troops? And because woman might pay to procure that abor- us to say it will not apply to the Amer- prostitution is legal in one State, does tion would in no way cover that. icans, our soldiers, our women in uni- this obligate that State government to This amendment, Mr. Chairman, says form who are defending our rights provide prostitution services to its em- in effect, it is okay to tear up an un- overseas to me is unconscionable. ployees? Of course the answer to these born child, to rip that child to pieces. The story here, Mr. Chairman, is that absurd questions is a resounding no. Mr. Chairman, I have been in the pro- these are United States servicewomen Congress has the clear responsibility life movement for 26 years. I am and their lives are going to be put in under the Constitution to provide for amazed at how so many good and de- jeopardy if we do not pass this amend- the rules and regulations of the mili- cent people sanitize the unthinkable. ment and make this bill protect a tary. We must not make it the policy We did it on this floor when we talked woman’s right to have a legal and safe of the United States to use its military about partial birth, Members that I abortion. institutions to facilitate destructive deeply respect and work arm in arm on Mr. BUYER. Mr. Chairman, I yield behaviors such as killing innocent human rights with. myself 30 seconds just to remind the preborn life. I urge a no vote on this Let me conclude, Mr. Chairman, and Members, with regard to national secu- amendment. let me say that good and decent people rity issues, the Supreme Court permits Mr. BUYER. Mr. Chairman, as I un- have defended the unthinkable, that the Congress of the United States to derstand, the gentlewoman from New which is not defensible, in terms of par- establish the laws. And in particular, York (Mrs. LOWEY) has the right to tial births in these other methods. And we do set out rules and policies that close? now we are being called upon to use end up discriminating against people The CHAIRMAN. The gentleman overseas military facilities for abor- and we have rules and procedures that from Indiana (Mr. BUYER) has the right tion. It facilitates abortion. are unequal when we compare some- to close. One of our colleagues said earlier times what we do compared to what Mr. BUYER. Mr. Chairman, I reserve that we do not want to treat women as happens in the civilian sector. the balance of my time. second-class citizens. Nobody does. But We get to discriminate whether The CHAIRMAN. The gentleman providing the means to kill their ba- someone is too tall, overweight, wheth- from Indiana (Mr. BUYER) has 3⁄4 bies, we would welcome the unborn er they are diabetic. Those discrimina- minute remaining, and the gentle- being treated as second-class citizens. tions are permitted as we make many woman from New York (Mrs. LOWEY) Unfortunately, this amendment and different decisions on building unit co- has 3⁄4 minute remaining. our zeitgeist, our law decreed by the hesions. So we get to make these deci- Mrs. LOWEY. Mr. Chairman, I yield U.S. Supreme Court in 1973, treats the sions within this body, so I wanted to myself such time as I may consume. unborn child as a throwaway, as gar- share that with everyone. Mr. Chairman, I want to close by bage, as so much junk. And God did not Mr. Chairman, I yield 2 minutes to thanking my colleagues on both sides make junk. And every child is precious the gentleman from Indiana (Mr. of the aisle who have spoken and sup- regardless of race or color or gender. HOSTETTLER), a member of the commit- ported the Lowey-Harman-Morella Every one of those kids should matter. tee. amendment. H3574 CONGRESSIONAL RECORD — HOUSE May 20, 1998 Let me reiterate, this amendment is women who have volunteered to serve their training, or operation and maintenance of not an issue of taxpayer-funded abor- country by prohibiting them from exercising the United States Armed Forces. tions. Under the amendment, the pa- their legally protected right to choose. (b) WAIVER.—A provision of law may not be construed as modifying or superseding the tient, not the government, would pay Women serving this country have lost a provisions of subsection (a) unless that pro- for the procedure. I close the debate by legal right. Vote for the Lowey-Harman vision of law— reminding Members that our American amendment to end this blatant disregard for (1) specifically refers to this section; and servicewomen take very seriously their the health, safety and constitutional rights of (2) specifically states that such provision duty to protect the constitutional women. of law modifies or supersedes the provisions rights of all United States citizens. Ms. PELOSI. Mr. Chairman, I rise in strong of this section. Yet, we deny them time and time again support of the Lowey-Harman amendment to The CHAIRMAN. The gentleman the rights we extend to women on U.S. repeal the provision in this bill prohibiting pri- from New York (Mr. GILMAN) and a soil. vately funded abortion services in U.S. military Member opposed each will control 20 It is time to stop the hypocrisy. The hospitals overseas. I commend my colleagues minutes. right to choose gives women the right for their leadership on this important issue. Mr. SKELTON. Mr. Chairman, since to make this personal decision. Vote Women stationed overseas in service to no Member has risen in opposition to for the Lowey-Harman-Morella amend- their country and female military dependents this amendment, I ask unanimous con- ment. rely on base hospitals for medical care. Ac- sent to be permitted to control the Mr. BUYER. Mr. Chairman, I yield cess to comprehensive reproductive health is time on this side. myself such time as I may consume. essential for all women, civilian or military. The CHAIRMAN. Is there objection Mr. Chairman, I guess I would share Under the bill, as it currently stands, however, to the request of the gentleman from with some of the speakers, the pro- these women who volunteer to protect and Missouri? ponents of this amendment, they serve their country in the military are denied There was no objection. should bring the amendment to be the the same protections under Roe v. Wade as The CHAIRMAN. The Chair recog- proponents for those who are diabetic the Americans they are serving and protecting. nizes the gentleman from New York and fight for the diabetes or fight for This is not a request for special treatmentÐit (Mr. GILMAN). someone that is overweight or that is is a need for equal treatment and equal ac- Mr. GILMAN. Mr. Chairman, I yield too tall or too short. There are many cess to health care. myself such time as I may consume. rules and regulations that are out This amendment does not permit taxpayer- Mr. Chairman, I rise to offer the there that I want to share with the funded abortions. No Federal funds are used Gillman-Danner-Spence-Sensen- body. for abortionÐthat will not change. It simply re- brenner-Rohrabacher amendment. In On this issue, we also have the issue peals the current ban on privately funded short, this amendment will exempt of military medical readiness. We train abortions in military hospitals and restores U.S. Armed Forces from the restric- all of our nurses and doctors how to do equal access to reproductive health care for tions of the U.N. Kyoto Climate proper triage for saving of life from the military women stationed overseas. And it pre- Change Treaty. battlefield. One of the things that is serves the conscience clause and would not Mr. Chairman, last December the not on there is the performing of an coerce any doctor to perform abortions. It pro- Clinton administration approved a U.N. abortion service to take life. Mr. Chair- vides military women the right they already Climate Change Treaty that forces the man, I urge everyone to oppose the have as American womenÐto make a safe United States to make drastic cuts in amendment. and legal choice with their own funds. I urge carbon emissions by the year 2010. The Mr. STARK. Mr. Chairman, the Lowey-Har- my colleagues to repeal this unfair ban and economic recesssions of the late 1970s man amendment will restore the ability of our vote yes on the Lowey-Harman amendment. and early 1980s caused our Nation to female service members and female depend- The CHAIRMAN. The question is on cut emissions by 2 percent of our total ents stationed overseas to exercise their con- the amendment offered by the gentle- emission. The Kyoto treaty now im- stitutional right to choose safe abortion serv- woman from New York (Mrs. LOWEY). poses restrictions three times larger ices, using their own funds to obtain services The question was taken; and the than the cuts made by the recessions in in military hospitals. Chairman announced that the noes ap- the 1970s. This is an important access-to-health-care peared to have it. In sum, U.S. Government labora- amendment. Military women depend on their Mrs. LOWEY. Mr. Chairman, I de- tories, industry, and labor groups esti- base hospitals for all of their medical services. mand a recorded vote. mate that the treaty is going to cost This amendment gives them access to the The CHAIRMAN. Pursuant to House hundreds of billions of dollars and same range and quality of health care that Resolution 441, further proceedings on could throw two million Americans out they could obtain in the United States. the amendment offered by the gentle- of work. While the treaty imposes re- strictions on our Nation and 38 other This amendment has the strong support of woman from New York (Mrs. LOWEY) organizations like the American Nurses Asso- will be postponed. countries, it exempts China, Brazil, ciation, the American Public Health Associa- The CHAIRMAN. It is now in order to South Korea, Mexico, India, and 125 tion, the American Women's Association, the consider amendment No. 2 printed in other countries from its limitations. American College of Obstetricians and Gyne- part B of House Report 105–544. Our Armed Forces are responsible for cologists, and the Planned Parenthood Fed- over 70 percent of the Federal Govern- AMENDMENT NO. 2 OFFERED BY MR. GILMAN eration of America. ment’s carbon emissions. The Depart- Mr. GILMAN. Mr. Chairman, I offer This amendment also has the support of the ment of Defense recently estimated an amendment. Department of Defense. No surprise here, as that a 10 percent cut in its emissions The CHAIRMAN. The Clerk will des- the policy of denying women access to safe could trigger the following cuts in the ignate the amendment. health care serves no military purpose. readiness of our Armed Forces. For ex- The text of the amendment is as fol- Still, anti-choice Members of Congress ample, armor training would be cut by lows: would endanger the lives of women in foreign 328,000 miles per year, naval steaming countries where local health care facilities are Part B, amendment No. 2 offered by Mr. days could be cut by 2,000 days per inadequateÐwhere quality care is not avail- GILMAN: year, and Air Force flying hours could At the end of title XII (page 253, after line be cut by some 210,000 hours. able. They would force women into the hands 3), insert the following new section: Prior to Kyoto, the Defense Depart- of untrained medical professionals, or into SEC. 1206. PROHIBITION ON RESTRICTION OF unsterilized facilitiesÐincreasing the danger ARMED FORCES UNDER KYOTO PRO- ment requested a blanket waiver from and the risk to the health of these women. TOCOL TO THE UNITED NATIONS carbon emissions restrictions. During Make no mistake about itÐtheir objective is FRAMEWORK CONVENTION ON CLI- the negotiations, Vice President GORE the same as always: to make abortion serv- MATE CHANGE. overrode the Defense Department’s po- (a) IN GENERAL.—Notwithstanding any sition and exempted only multilateral ices difficult to obtain, prohibitively expensive, other provision of law, no provision of the and physically risky for physicians and women Kyoto Protocol to the United Nations operations consistent with the U.N. alike. Framework Convention on Climate Change, charter. That left unilateral U.S. oper- True to form, the conservative majority have or any regulation issued pursuant to such ations, like Panama or Grenada, and extended their reach to discriminate against protocol, shall restrict the procurement, all domestic operations subject to the May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3575 Kyoto restrictions. Over time, Mr. Senate or if imposed by executive order mit, the Department of Defense re- Chairman, the Kyoto Protocol would or regulation, imposes substantial re- quested a blanket waiver from restric- exert a strong pressure on future ad- strictions on the amount of United tions on carbon emission, but Vice ministrations to curtail our military States carbon emissions. President GORE apparently overrode training and readiness. In a highly industrialized society, the Department’s request. Recently, Undersecretary of Defense these restrictions will have enormous Although protecting the environment Goodman claimed that Kyoto will not economic impact. The United States is something we all strive for and, as a impair or adversely affect military op- Government laboratories, industry, Nation, need to improve on, we cannot erations and training. This contradicts and labor groups estimate that imple- afford for it to be a primary focus of the direct language of the treaty that mentation of the Kyoto Protocol would our military’s combat training or of only exempts multilateral operations result in hundreds of billions of dollars their conduct of operations. Their job that are consistent with the U.N. char- in lost economic growth and perhaps is to protect America, its citizens, and ter. two million lost American jobs. its security interest by operating Mr. Chairman, our amendment will The restrictions called for in the around the globe in peacetime and pre- lock into law the current administra- Kyoto Protocol would, if implemented, vailing during war. tion’s verbal promises to protect our obviously apply to the Federal Govern- War is a hard and violent business, Armed Forces from U.N. restrictions. ment. Because the operations and and the effectiveness of the weapons is This amendment is necessary because training of the United States military not measured by the level of carbon the administration could retract its po- forces account for more than 70 percent emissions. The 70-ton M1–A1 tank is sition on DOD emissions when climate of the Federal Government’s carbon the world’s best, but it consumes a lot change negotiators meet again this No- emissions, the impact of the Kyoto of gas. It measured its progress down vember in Buenos Aires, just after our treaty on our Armed Forces would be the Euphrates River Valley in the Gulf congressional elections. tremendous. War in gallons per mile, not miles per The amendment simply states that Unless our military is given a blan- gallon. While the M1–A1 may not be en- no provision in the Kyoto Protocol will ket waiver from the Kyoto restriction, vironmentally friendly, it helped to restrict the procurement, the training, a waiver that was recommended by the decimate the Iraqi Republican Guard, the operation, or maintenance of our Secretary of Defense, Mr. Cohen, every- shorten the war, and, in so doing, limit U.S. Armed Forces, as just promised by day operations and training will be af- the loss of life. the administration. fected. In conclusion, let me cite the words Mr. Chairman, this amendment was The Pentagon estimates, as the gen- of former Secretary of Defense Frank Carlucci, who wrote recently ‘‘Regard- endorsed by the Veterans of Foreign tleman from New York (Mr. GILMAN) Wars, the Navy League, and the Air said, that even a requirement that less of how the administration inter- prets the treaty, the Congress must de- Force Association. I have their letters emissions be reduced by 10 percent mand a blanket exemption for all mili- here and will make them available to would result in tank training being cut by 328,000 miles per year, Naval steam- tary operations.’’ our colleagues. I also understand that, That is what the Gilman amendment ing days being cut by 2,000 days per since this amendment implements cur- proposes, and I strongly urge my col- year, Air Force flying hours being cut rent administration policy, the Depart- leagues to support it. As Carlucci said to the tune of 210,000 hours per year. ment of Defense does not oppose its ‘‘Our national security deserve no As serious as the Kyoto treaty’s re- adoption. less.’’ Accordingly, Mr. Chairman, I urge strictions would be on the military’s Members to support this amendment. peacetime training, the restrictions b 1600 Our national security is much too im- would dramatically affect the conduct Mr. SKELTON. Mr. Chairman, I yield portant to risk on the U.N. treaty and of United States military operations. 3 minutes to the gentlewoman from the bureaucracy that would oppose it. The Pentagon estimates that the Missouri (Ms. DANNER). Mr. Chairman, I reserve the balance Kyoto treaty’s restrictions would de- Ms. DANNER. Mr. Chairman, I am of my time. grade the readiness of Army divisions pleased to be a sponsor of the The CHAIRMAN. The gentleman and could add an additional 6 weeks to Gilman-Danner-Spence-Sensenbrenner- from Mississippi (Mr. TAYLOR) is recog- training and deployment in the event Rohrabacher amendment. Numerous nized. of war. studies have shown that the Kyoto Pro- Mr. TAYLOR of Mississippi. Mr. As a result, strategic deployment tocol will not only harm the U.S. econ- Chairman, I yield myself such time as schedules would be missed and oper- omy, but, in addition, it has the poten- I may consume. ations placed at risk. Should Saddam tial to threaten America’s military Mr. Chairman, I would like to com- Hussein continue to threaten the sta- preparedness. pliment the gentleman on his amend- bility of the Persian Gulf, the ability of Defense Secretary William Cohen has ment. I know of no opposition to that the United States to operate military been quite clear with regard to the dev- amendment on this side, and we would forces would be governed, and limited, astating effects Kyoto will have on also urge its passage. by the provisions of the United Nations American national security, stating in Mr. GILMAN. Mr. Chairman, I am environmental treaty. a recent article in the Washington pleased to yield 5 minutes to the dis- Ironically, the administration did Times: ‘‘We must not sacrifice our na- tinguished gentleman from South agree to include one exemption in the tional security to achieve reductions in Carolina (Mr. SPENCE), chairman of the Kyoto treaty for ‘‘multilateral oper- greenhouse gas emissions.’’ Committee on National Security. ations consistent with the U.N. char- Basically, the treaty forces United (Mr. SPENCE asked and was given ter.’’ States armed services to reduce green- permission to revise and extend his re- In other words, the administration house gas emissions while exempting marks.) believes U.N. peacekeeping operations ‘‘multinational operations consistent Mr. SPENCE. Mr. Chairman, I rise in like Bosnia and Somalia should be ex- with the United Nations charter.’’ strong support of the Gilman amend- empt from environmental treaties Our domestic military training will ment that would exempt the United while unilateral American operations be damaged by the decisions made in States Armed Forces from the restric- like the invasion of Grenada in 1983 or Kyoto by subjecting our military to re- tions of the United Nation Kyoto Cli- Panama in 1989 would have to be con- strictions that the treaty does not im- mate Change Treaty. ducted, if at all, in an environmentally pose upon countries such as China, My colleagues may be wondering friendly fashion, as dictated by the India and Mexico, countries that we what possible connection an environ- United Nations. know have high levels of emissions. I mental protection treaty has to do As nonsensical as this may sound, it think this is completely inequitable. with the defense of the United States, is an accurate assessment of the impli- Indeed, growing military powers such and in particular, to the operation of cations of the administration’s posture as China will not be required to adhere the United States forces worldwide. on the Kyoto treaty. As I indicated, to the same standards to which our The Kyoto treaty, if ratified by the prior to the Kyoto environmental sum- military will be held. H3576 CONGRESSIONAL RECORD — HOUSE May 20, 1998 Reducing Army fuel use by 10 percent gas emissions by 7 percent below 1990 mate Change Treaty from cutting our alone would downgrade readiness and levels in the 2008 to 2012 time frame, or national defense. require up to six additional weeks to about the level that we were emitting Mr. Chairman, I urge my colleagues prepare and deploy our troops, accord- 20 years ago in 1978. to support the amendment. ing to our Pentagon officials. Since the Since the Federal Government is the Mr. BONILLA. Mr. Chairman, I rise in sup- United States armed forces produce Nation’s largest energy user and green- port of the Gilman Amendment which insures over 70 percent of the Federal Govern- house gas emitter, and the Department the safety and security of Americans are not ment’s energy use, you may be very of Defense is the government’s largest compromised to promote questionable sci- certain that it will be the United emitter, the administration essentially entific theories. The Kyoto Treaty may not States military that will be the most agreed to impose restrictions upon succeed in combating the phantom threat of seriously affected as an aspect of our military operations, in spite of Penta- global warming, but it has sinister con- government if subjected to the Kyoto gon analyses that showed that such re- sequences for our military and our security. requirements. The Kyoto Protocol strictions would not only significantly Simply put the Kyoto Treaty will restrict mili- must not stand as a barrier to nec- downgrade the operational readiness of tary fuel consumption. This will cut armor essary United States military oper- our armed forces, but also threaten training by 328,000 miles per year, cut naval ations. their ability to meet the requirements steaming by 2,000 days per year and cut Air Furthermore, decisions that impact of our national military strategy. Force training by 210,000 hours per year while our armed forces should be made by The text of the Kyoto Protocol is si- placing no restriction on the Chinese and our commanders, our generals and our lent with respect to greenhouse gas other militaries. The Gilman Amendment will admirals, and not be subject to an emissions. However, the decision taken stop this onslaught on America's security. The international environmental accord by the Framework Convention of the Gilman amendment will safeguard our inde- drafted by international bureaucrats. Climate Change’s Conference of Parties pendence. Mr. Chairman, this amendment rep- exempts military operations ‘‘pursuant My colleagues, let's defend our sovereignty resents an opportunity to protect to the United Nations charter,’’ but re- from real foes not phantom threats. Please America’s national security and hold quires ‘‘that all other operations shall join me in voting to safeguard our independ- the administration to its word, as it be included in the national emissions ence and vote for the Gilman Amendment. was presented to us before the Commit- totals,’’ with the effect of penalizing Mr. PALLONE. Mr. Chairman, I rise to ad- tee on International Relations just re- our armed forces for maintaining world dress this amendment offered by Mr. GILMAN cently. Therefore, I urge all Members peace. (Prohibition on Restriction of Armed Forces to support it. The administration claims that this under Kyoto Protocol to the UN Framework Mr. GILMAN. Mr. Chairman, I am decision was one of its great triumphs Convention on Climate Change). First, I want pleased to yield 5 minutes to the gen- in Kyoto, but I believe, however, it is to clarify whether DoD's technical changes tleman from Wisconsin (Mr. SENSEN- one of the many mistakes made by were made to this amendment. Of course I BRENNER), the distinguished chairman Vice President Gore and his minions support protection of our national security in- of the Committee on Science who also that guided the Kyoto negotiations. terests and want to make sure that no provi- was the Chair of our delegation to the As pointed out in a January 22, 1998 sions of U.S. law enacted to implement U.S. Kyoto conference. letter to the President by the Commit- obligations under the Kyoto Protocol would Mr. SENSENBRENNER. Mr. Chair- tee to Preserve American Security and jeopardize our military readiness. However, man, I thank the gentleman from New Sovereignty, a concerned group of while I support the principle behind this York for yielding me this time, and former U.S. national security and for- amendment, this should not be used as an op- rise in support of this common sense eign policy officials that includes three portunity to undermine the Kyoto Protocol nor amendment to prohibit any provision past Secretaries of Defense and two U.S. efforts, as one of 160 nations who were of law, any provision of the Kyoto Pro- past Secretaries of State, ‘‘The Kyoto involved in negotiating this treaty, to protect tocol, or any regulation issued pursu- treaty threatens to limit the exercise our global climate. Undersecretary of State ant to the protocol, from restricting of military power by exempting only Eisenstat has emphasized repeatedly that the the procurement, training or operation military exercises that are multi- U.S. will not take steps that would require and maintenance of the United States national and humanitarian. Unilateral mandatory action at the macroeconomic level armed forces. military actions, as in Grenada, Pan- or with respect to specific sectors of our econ- As chairman of the Committee on ama and Libya, will become politically omy in order to reach the Kyoto target before Science, I spent a great deal of time and diplomatically charged.’’ the President has obtained the advice and analyzing this protocol, the U.N. trea- It is time too correct this Kyoto ab- consent of the Senate. Further, Undersecre- ty on climate change, including surdity. Support this amendment and tary Eisenstat consulted with top national se- chairing three full Committee on say ‘‘yes’’ to our national security and curity and military officials and had their assur- Science hearings on the outcome and ‘‘no’’ to Kyoto. ances that the Kyoto Protocol does in fact implication of the Kyoto climate Mr. SKELTON. Mr. Chairman, I yield meet our national security needs and inter- change negotiations, and this past De- myself such time as I may consume. ests. We secured exemptions for bunker fuels cember I led the congressional delega- Mr. Chairman, I might say that I per- and for other activities that are covered under tion to the Kyoto conference. sonally favor this amendment. I will other existing agreements. If this Protocol Facts I have reviewed lead me to be- not oppose it. It is also my understand- were ever signed or ratified by the Senate, our lieve that the Kyoto Protocol is seri- ing that the administration as well is domestic legislation would ensure protection of ously flawed; so flawed, in fact, that it in favor of it. So I compliment the gen- our national interests. Nor would we trade cannot be salvaged. The treaty is based tleman from New York for bringing emissions credits with any other nations that upon science, costs too much, leaves this to our attention. with whom we would not otherwise conduct too many procedural questions unan- Mr. Chairman, I yield back the bal- transactions. Thus, I do not understand the swered, is grossly unfair because devel- ance of my time. purpose of, nor the need for, this amendment. oping nations such as China, India, Mr. GILMAN. Mr. Chairman, I yield I also want to clarify that this amendment Brazil and Mexico are not required to myself such time as I may consume. should not be interpreted to be able to prevent participate, and will do nothing to Mr. Chairman, I would note that this the U.S. Armed Forces from continuing to solve the speculative problem it is in- amendment prevents U.N. Climate adopt practical energy efficient measures. tended to solve. I have heard nothing Change Treaty restrictions from apply- More efficient heating and cooling systems for today to persuade me otherwise. ing to our United States armed forces. military buildings, energy saving engines, and The amendment addresses one of the It has been endorsed by our major vet- other such technology applications would save protocol’s many absurdities that the erans’ groups, the Veterans of Foreign money and could improve the readiness and Clinton-Gore administration agreed to Wars, the Navy League and the Air capabilities of our Armed Forces. The Defense in Kyoto, namely the threat to our na- Force Association. The Department of Department has stated this position, as well. tional security. Under the Protocol, Defense does not oppose the amend- To date, the Defense Department actually is the administration has committed the ment. It implements current adminis- on the forefront of implementing energy effi- United States to reduce its greenhouse trative policy to prevent the Kyoto Cli- cient measures that have saved substantial May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3577 amounts of money and energy and increased sion Headquarters (or any similar United Na- U.S. forces to U.N. peacekeeping oper- our environmental protection. tions military operations headquarters). ations. It is these kinds of open-ended Mr. WAXMAN. Mr. Chairman, I agree with The CHAIRMAN pro tempore. Pursu- and at times back door operations that the intent of Mr. GILMAN's amendment and ant to House Resolution 441, the gen- have led to this amendment, and I support it. Indeed, the Kyoto Protocol will im- tleman from Colorado (Mr. HEFLEY) think all Members will agree we should prove the national security of the United and a Member opposed each will con- cut off the funds for this organization States by reducing the risk of catastrophic cli- trol 30 minutes. until a clear statement is made that mate change, which would create upheaval The Chair recognizes the gentleman our troops will be accountable only to and unrest throughout the world, including the from Colorado (Mr. HEFLEY). United States command and control. potential for millions of environmental refu- Mr. HEFLEY. Mr. Chairman, I yield What is also disturbing to me is that gees. myself such time as I may consume. it is unclear what command arrange- Furthermore, measures to implement the Mr. Chairman, I rise to offer an ments would govern any forces as- Kyoto Protocol can improve our security by re- amendment which would prohibit the signed to the U.N. Rapidly Deployable ducing our dependence on imported oil Department of Defense from spending Mission Headquarters. The key ques- U.S. taxpayer dollars on the assign- through improved energy efficiency and in- tion of whether any U.S. troops as- ment or detailing of any member of the creased reliance on domestic renewable en- signed would be under the command of U.S. military to duty with the United ergy resources. the U.N. Secretary General or their na- Nations Rapidly Deployable Missions At the same time, the Administration has tional command authorities has not Headquarters or any similar U.N. orga- issued clear policy guidance assuring that im- been answered. nization. plementation of the Kyoto Protocol will not im- As many of you know, this proposed In addition, consider that these pair or adversely affect the training or oper- headquarters is intended by the Sec- forces could be sent out over the objec- ation and maintenance of the United States retary General of the United Nations tions of the United States Congress. Armed Forces. to form the core of a standing U.N. Let me repeat, our forces could be sent I am concerned, however, that the Amend- military force; now, let me repeat that, into conflict that the Congress does ment as drafted could be ambiguous. The De- a standing U.N. military force. And the not support or approve of. partment of Defense was a leader in reducing administration has already spent a The United Nations is a forum for the use of ozone depleting substances and limited amount of funds to help estab- international policy discussion, and has received awards for its efforts from the lish the headquarters operation. should remain so. It is also not a sov- Environmental Protection Agency. In recent Now, think about this for a moment. ereign territory. It has no citizens and years DoD has made great strides in increas- The United Nations wants to create a no constitutional authority to send ing energy efficiency in military housing. it has rapidly deployable standing military U.S. troops into harm’s way. Member also invested in technologies, such as fuel force, including United States soldiers, states should make their contributions cells, that could improve military effectiveness and the administration seems to be to peacekeeping and other multilateral and reduce greenhouse gas emissions. I am willing to go along. efforts involving military forces con- supporting the amendment because I do not I have a quote from the Washington sistent with their constitutional re- believe it prevents DoD from pursuing these Times that reads, ‘‘The U.N. wants quirements in each of those countries. valuable goals. I urge the chairman to work standby forces that could be called up We should not be locked into a conflict with the Department of Defense to clarify this immediately to permit U.N. head- or a peacekeeping operation simply be- language in conference committee. quarters to tailor foreign military cause we happen to have U.S. personnel Mr. GILMAN. Mr. Chairman, I have units to suit the countries or regions in a standing U.N. army. no further requests for time, and I to which they are assigned.’’ This is not an effort to undercut the yield back the balance of my time. The U.N. complains that under cur- U.N., and I would say to the gentleman The CHAIRMAN pro tempore (Mr. rent conditions they must develop each from Missouri (Mr. SKELTON), I hope PEASE). The question is on the amend- mission from scratch after a vote by you believe this, that I am not here to ment offered by the gentleman from the Security Council, and in some bash the United Nations with what I New York (Mr. GILMAN). cases this can take too long. I think am trying to do here. I am simply say- The question was taken; and the they should have to start from scratch ing that we want to preserve this Con- Chairman pro tempore announced that on each mission to ensure nations un- gress’ prerogatives in the commitment the ayes appeared to have it. derstand their commitments thor- of United States military forces. In Mr. GILMAN. Mr. Chairman, I de- oughly. other words, for 50 years we have par- mand a recorded vote. Why should the committee support ticipated in U.N. operations around the The CHAIRMAN pro tempore. Pursu- this amendment? The answer is the world. We could continue to do that, ant to House Resolution 441, further ambiguity of the current administra- even if this amendment passes, but we proceedings on the amendment offered tion policy with regard to U.S. partici- would not have a standing U.N. army by the gentleman from New York (Mr. pation in U.N. peacekeeping and other under the command and control of the GILMAN) will be postponed. military operations. Although the ad- Secretary General of the United Na- The CHAIRMAN pro tempore. It is ministration formally denies any in- tions. now in order to consider Amendment tent to assist in the creation of a Mr. Chairman, I ask Members to vote No. 3 printed in part B of House Report standing U.N. military force, and de- for this amendment and keep U.S. 105–544. spite repeated congressional actions to forces under U.S. control. AMENDMENT NO. 3 OFFERED BY MR. HEFLEY limit or prohibit the involvement of Mr. Chairman, I reserve the balance Mr. HEFLEY. Mr. Chairman, I offer U.S. forces in many U.N. operations of my time. and any such U.N. force, the U.S. State an amendment. b 1615 The CHAIRMAN pro tempore. The Department transferred $200,000 from Clerk will designate the amendment. its voluntary peacekeeping account in Mr. SKELTON. Mr. Chairman, I yield The text of the amendment is as fol- October 1997 to fund the establishment myself such time as I may consume to lows: of the U.N. Rapidly Deployable Mission say that with sadness, I find that I Part B amendment No. 3 offered by Mr. Headquarters, the standing U.N. army. must disagree and oppose this amend- HEFLEY: Time and time again this administra- ment. Mr. Chairman, I read it. Let me At the end of title X (page 234, after line 4), tion has supported peacekeeping oper- read it to the body. ‘‘No funds available insert the following new section: ations around the world. They can con- to the Department of Defense may be SEC. 1044. PROHIBITION ON ASSIGNMENT OF tinue to still do that. But most of used to assign or detail any member of UNITED STATES FORCES TO UNITED those efforts have been controversial. the Armed Forces to duty with the NATIONS RAPIDLY DEPLOYABLE United Nations Rapidly Deployable MISSION HEADQUARTERS. Indeed, the operation in Bosnia is still No funds available to the Department of problematic, and, of course, that is not Mission Headquarters (or any similar Defense may be used to assign or detail any a U.N. operation. United Nations military operations member of the Armed Forces to duty with The simple fact is, Congress ought to headquarters).’’ This amendment could the United Nations Rapidly Deployable Mis- be involved in any decision to commit lead to disaster. H3578 CONGRESSIONAL RECORD — HOUSE May 20, 1998 First, Mr. Chairman, let me state un- or an operation that involves peace- tleman. I do not want to undermine equivocally that I am against a stand- keeping; this is going to say to the best our efforts to get others to participate, ing union army. I will repeat that. I am and brightest planners in military uni- but for 50 years we have gotten others against a United Nations standing form of the United States you cannot to participate without a standing U.N. army. That is not right. Also, thinking participate. You can send the troops army. of the words of my friend from Colo- out there, but you cannot participate The gentleman talks about us letting rado (Mr. HEFLEY), who is my good in the planning. others plan. That is the very idea. We friend, he speaks of the commitment of That is an invitation for disaster for do not want others to plan our com- the United States forces being kept some fine young Americans. One of the mand and control of our troops. They with Congress, and if he will recall, not problems that we had in Somalia, if the are not to be a standing army. If we are so long ago our colleague, the gen- gentleman remembers, was that there going to get involved with the U.N., we tleman from Indiana (Mr. BUYER) and I, was no central planning for that oper- want it to function like it has over the made that case very well, and success- ation. last 50 years. We get involved. Gen- fully, on this floor through our debate, What this amendment will allow, for erally we take the lead. Generally we and I think the gentleman from Colo- instance, it would allow the do the planning. Generally the others rado agreed with us, that the forces at Bangladeshis, the Ethiopians, the join in with us as in the Persian Gulf that time should not be deployed to Kazakhstanis, to do the planning for War to accomplish a U.N. mission. Bosnia. American forces to go out in the field. So I think the goal is the same. The So on the very basics of which the I am not about to let that happen. I am gentleman is reading into this amend- gentleman from Colorado speaks, I not about to let other people plan for ment things that I simply do not see agree, but that is not what we are pass- the American troops. That is wrong. there. ing into law. When American troops are involved, Mr. Chairman, I yield such time as he What is being passed into law is the when their safety is involved, when may consume to the gentleman from amendment that I just read. It could their mission is involved, I cannot and South Carolina (Mr. SPENCE), the create some real problems for Amer- I will not support that. chairman of the Committee on Na- ican soldiers. It could create some real I must compliment the gentleman tional Security. (Mr. SPENCE asked and was given problems for American leadership. For from Colorado (Mr. HEFLEY) in his at- permission to revise and extend his re- instance, it restricts the flexibility of tempt to stand, as I do, against a marks.) the President’s ability to detail or oth- standing in our Nation’s army. But as Mr. SPENCE. Mr. Chairman, I rise in erwise deploy U.S. military personnel so often happens, this rifle shot, Mr. support of the Hefley amendment pro- in his capacity as Commander in Chief Chairman, sadly misses the mark. hibiting the assignment of United with the advice of his military advi- In truth and fact, the U.S. forces in States Armed Forces to the United Na- sors. That is very, very important. I Korea would be affected because that tions Rapidly Deployable Mission speak not just for this President, I was and is a United Nations operation. Headquarters. speak for those future Presidents re- The troops that we have, and I visited Last October, the State Department gardless of what political party to them, and I am so proud of them, in approved $200,000 from its voluntary which they belong. Macedonia on peacekeeping, watchful peacekeeping account to create a U.N. I also mention the fact that it would duty, no American military personnel Rapidly Deployable Mission Head- undermine our efforts encouraging could plan what they do. Do we want quarters. This was the first down pay- other nations to play a greater role in those other folks to tell where they are ment in the United Nations $2.3 million U.N. peacekeeping activities. If we are going to be, what they are going to be plan for this organization. Officially, not helping plan something, and they doing and how they are going to be the purpose of this RDMH, or whatever know we are the best, and we are the doing it? No. I want Americans plan- we call it, is to set up a command and best, whether it be at planning or in ning this. control center for U.N. forces anywhere the field, it would undermine those na- I would really hope that my friend in the world. The headquarters is to tions’ confidence, playing a role in from Colorado would take a good look have 8 officers, apparently perma- those activities where we participate. at this and if he would like to have an nently detailed to the U.N., and al- But more than that, it concerns me a amendment that would say that he ready has a Canadian Army Lieutenant great deal that this amendment would stands against a standing by the Colonel who is ‘‘on loan’’ to organize prevent the best and the brightest of United Nations army, I am with the the headquarters and recruit other offi- our Armed Forces to plan with other gentleman. I think that is absolutely cers to join in. nations and to be a leading part of wrong. But let us not risk the lives of Mr. Chairman, I have no doubt that planning with those other nations in bright young Americans by not having such an arrangement could improve an operational situation. bright, a little bit older Americans, the performance and professionalism of Mr. Chairman, this would be similar plan what they are going to do in hu- U.N. peacekeeping forces, and they cer- to prohibiting the United States of manitarian or peacekeeping crisis situ- tainly need it. However, it is clear that America’s military forces from plan- ations. the U.N. continues to pursue a broader ning NATO operations. This does not So I find myself driven to the conclu- agenda, and that is the key element we prevent them from being in the field; sion that I must oppose this. are talking about here today. this does not prevent or interfere with Mr. Chairman, I reserve the balance Choi Young-Jin, the Korean dip- the Commander in Chief’s prerogatives. of my time. lomat, who is the U.N.’s Assistant Sec- This prevents good military thinking, Mr. HEFLEY. Mr. Chairman, I yield retary General for Peacekeeping, re- and we are the best. myself such time as I may consume be- cently admitted that the U.N. remains I have spent a great deal of time, as fore I yield to the chairman of the committed to establishing a standing my friend from Colorado (Mr. HEFLEY) Committee on National Security. army. The U.N.’s official spokesman will recall, with the military war col- I find it unusual that the gentleman later tried to clarify that, and said leges, both intermediate war colleges from Missouri (Mr. SKELTON) and I are that Rapidly Deployable Mission Head- such as at Fort Leavenworth and the ever in disagreement on anything, and quarters is an interim step, an interim senior war colleges such as the Na- I think it illustrates that people of step. That is exactly what we are talk- tional War College, and we put a lot of goodwill and with good reading ability ing about, since a standing army is time, effort and money into making can read the same thing and find very, ‘‘too ambitious for the time being.’’ our captains and majors and lieutenant very different meanings in it. We are looking at the long haul in commanders the best and the brightest What this is meant to do is exactly this legislation today. for planning things. We are good at it. what the gentleman said he would sup- There are also legitimate questions We are going to say to the finest mili- port, and that is not to have a standing over whether Rapidly Deployable Mis- tary planners, whether it be an oper- U.N. army. As to the gentleman’s ex- sion Headquarters represents a first ation that involves risk, or an oper- planation, I do not want all of those step toward U.N. military independ- ation that involves humanitarianism, things either, I would say to the gen- ence. It already promises to weaken May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3579 the ability of the Congress to influence or even killed. It is a deep concern of on the Committee on International Re- United States military action. The mine. lations, it is unnecessary and it is first mission of the headquarters is re- I know full well, Mr. Chairman, that harmful to our interests. It is patently ported to be in the Central African Re- on the very substance of this issue that obvious that the administration op- public to replace the French army as it the gentleman from Colorado (Mr. poses it, but I call on all my colleagues withdraws from that troubled Nation. HEFLEY) and I agree, but the wording of in this body to oppose this amendment, But just this March, Congress blocked this frankly causes me a great deal of as well. the administration’s $9.5 million re- concern. If we read this very carefully, Mr. HEFLEY. Mr. Chairman, I yield quest to pay the U.S. share of that mis- we will see that it opens a door to myself such time as I may consume. sion. Nonetheless, the administration Ukranians and Russians and Mr. Chairman, I hope the gentleman has supported the mission in the Secu- Kazakhstanis and Bangladeshis for who just spoke listened to the gen- rity Council, and now apparently the planning what our armed forces are tleman from South Carolina (Chairman Rapidly Deployable Mission Head- going to do. I cannot, I cannot, stand SPENCE) when he read the statement quarters will lead the way into the by and let that happen. from the Secretary General’s office Central African Republic. Mr. Chairman, I yield 3 minutes to which says that this is an interim step, Confronted with the charge that this the gentleman from Florida (Mr. that we cannot get the standing army headquarters represents a first step to- HASTINGS). yet, but this is the interim step. So ward a standing U.N. force, State De- (Mr. HASTINGS of Florida asked and this is the start of their idea of a partment officials do not simply deny was given permission to revise and ex- standing army. the link between the two. Indeed, they tend his remarks.) I think most of us would agree we do go further, saying that they support Mr. HASTINGS of Florida. Mr. Chair- not want a standing army. So where do the Rapidly Deployable Mission Head- man, I want to approach this subject we stop it? We stop it at the outset. Mr. HASTINGS of Florida. Mr. Chair- quarters because it does not support very carefully. First, I thank the gen- man, will the gentleman yield? the standing army concept. That does tleman from Missouri (Mr. SKELTON) Mr. HEFLEY. I yield to the gen- not make sense. This makes no sense. for yielding time to me. The gentleman from Missouri (Mr. SKELTON) and the tleman from Florida. Let me review the facts. This head- Mr. HASTINGS of Florida. Mr. Chair- gentleman from Colorado (Mr. HEFLEY) quarters unit will provide the core ca- man, I thank the gentleman for yield- pability for a U.N. standing army. The are two people that I have the greatest respect for, as I do virtually all of the ing to me. nations which support a standing army Mr. Chairman, does the gentleman Members of this institution. concept welcome this development, and think for one minute that the gen- Mr. Chairman, this particular amend- U.N. officials describe it as an interim tleman from Missouri (Mr. SKELTON) or ment, most respectfully, is attempting step toward a standing army. Think of any of the fine Members of the Com- to solve a problem that does not exist. the implications of a standing U.N. mittee on National Security or anyone We have all, at some point, been criti- army. Will they defend the United else on the Committee on International cal of the United Nations. Many have States of America against others? Relations would stand idly by and criticized the United Nations for its What part will our own Armed Forces allow that to develop? play in it in such an event? failure to respond promptly to conflict This is not a step in that direction, I overseas. Our colleagues on the Com- b say to the gentleman from Colorado 1630 mittee on National Security often (Mr. HEFLEY). I honestly think we can The lesson learned in recent years, criticize the U.N. for not having profes- stop it. The gentleman is asking for especially in places like Bosnia and So- sional military capabilities. something that is just not a problem. malia, is that the United Nations mili- However, this proposed U.N. Rapidly Mr. HEFLEY. Mr. Chairman, I would tary operations are more likely to Deployable Mission Headquarters is a say to the gentleman, we have already draw U.S. forces into a mess, rather response to these criticisms. It would put $200,000 into it, and we did not stop than to keep them out. I wonder be a very small unit in New York, it. whether the eight soldiers who are sup- staffed by a handful of U.N. employees Mr. Chairman, I yield 31⁄2 minutes to posed to form the U.N. Rapidly and personnel, on loan from member the gentlewoman from Idaho (Mrs. Deployable Mission Headquarters in states which could deploy quickly to CHENOWETH). the Central African Republic will once the field to establish communications Mrs. CHENOWETH. I thank the gen- again prove to be an advance party for links, make a survey of the ground sit- tleman from Colorado for yielding time what becomes an American operation? uation, and other commonsense steps. to me, Mr. Chairman. Time and time again the Congress This unit is not a stalking horse for a Mr. Chairman, I rise in strong sup- has passed legislation to limit the par- United Nations standing army. port of the Hefley amendment, which ticipation of United States troops in I remember reading something in the would, very simply, prohibit President U.N. missions. Only congressional vigi- Washington Times to that effect, and I Clinton from putting our troops under lance, and where necessary, preemptive think that that article in and of itself the command of a newly created action such as the Hefley amendment, was ill-advised, to suggest that the United Nations organization known as can prevent the further subcontracting military, or those of us here in Con- the Rapidly Deployable Mission Head- of American foreign security policy to gress who pay attention to the defense quarters. the United Nations. I strongly urge my and foreign policy matters, would not The U.N. Rapidly Deployable Mission colleagues to support the Hefley have the ability to understand that a Headquarters is designed to function as amendment. standing army had been created at the a worldwide command and control net- Mr. SKELTON. Mr. Chairman, I yield United Nations without our knowledge. work for U.N. forces. This new organi- myself such time as I may consume. If we want the United Nations to be zation, which is here, which is being Mr. Chairman, let me say that if more professional in its peacekeeping funded, would create a worldwide what we are really after is the same operations, and we do, I cannot under- standby army for peacekeeping oper- thing, why do we not amend this or re- stand why we would want to prohibit ations which could mobilize at any write it and say that the United States United States military personnel from time. shall not participate in a standing participating in such a unit. We would Most of my colleagues, most Mem- United Nations army? That is not what all agree, I would hope, that the United bers of Congress on both sides of the this says. States military is the finest in the aisle, would be really disturbed to I am very, very concerned that, after world. Why would we not want, on a know that the Clinton administration, the fact, we may very well find some voluntary basis, to contribute, say, a without authorization, has given the fine young Americans, as a result of communications specialist to this very U.N. $200,000 as seed money to organize not being able to plan ahead and not small unit at the United Nations? this army. That is the problem, Mr. have people planning ahead who know Mr. Chairman, I urge Members to op- Chairman, that is the problem. what they are doing, and Americans pose this amendment. In my view, and This Rapidly Deployable Mission who know what they are doing, injured in the view of several of us that serve Headquarters would report to an eight- H3580 CONGRESSIONAL RECORD — HOUSE May 20, 1998 member command unit at the United Italian forces over in Bosnia, very I think another point that we ought Nations, which functions under the proud people who spent their whole to make is, how did they get any U.N. Security Council. In other words, lives getting to the top of their profes- money already? They got it from the this is a permanent military unit sion. Defense Department. We did not even which functions directly under the con- It must have been very difficult for appropriate the money. They have al- trol of the United Nations. It appears them to say what they said, but what ready started it. They have used Amer- to be a backdoor way for creating a they said was that they could not do it ican taxpayers’ money without a direct standing army when Congress has spe- without the Americans; that when they appropriation from this Congress, and cifically prohibited U.S. support for a went in without the Americans, their it is about time we stopped that type of standing army. peacekeepers were chained to the light- legislation. That is the point. Where Mr. Chairman, I want to remind my post, and people were raped and mur- did the money come from? The Defense colleagues of the tragedy that occurred dered and tortured in front of them, to Department. It goes over into the in Mogadishu, Somalia. We might re- show them how helpless they were. All United Nations for meddling, meddling call watching in horror as the U.S. that changed when the American overseas. It is taken away, literally, Army helicopter was attacked and our troops came in. from defense. troops were dragged through the What I would like the gentleman We have a problem in this country streets, held hostage, tortured, and from Colorado (Mr. HEFLEY) and the for national defense. We have Air Force killed. gentleman from Missouri (Mr. SKEL- people who do not get flying time. Our Members might also recall that the TON) to do is I would like to see the men are not trained. We do not have multinational military unit created for amendment of the gentleman from Col- the right equipment. We continuously the Somalia engagement functioned orado (Mr. HEFLEY) move on, but I spend all our money overseas, endlessly under the control of the U.N. An inves- would hope that in the very long time getting involved in Bosnia and Soma- tigation revealed that the primary fac- we have between now and the con- lia, and wherever. tor was not centralized planning, Mr. ference committee, that the Members I think it is policy that needs to be Chairman. The primary factor which work this out so that we accomplish addressed. It is the policy that allows led to this terrible incident was the in- what I know to be the Members’ mu- our administration to do this, because ability of the various military com- tual goals. there is too much complicity in allow- manders to communicate to one an- I would simply ask the author of this ing the United Nations to assume our other because of the language barriers. amendment if he would be willing to sovereignty. They could not talk to one another. try to work with the gentleman from b 1645 If we allow another military engage- Missouri (Mr. SKELTON) on this, be- That is the point here. The American ment to function under the control of cause I am hearing the Members saying people deserve better protection. They the U.N., similar types of tragedies are way too many of the same things for us deserve better protection of their certain to happen. In fact, it happens to get involved in a fight on the floor money. They deserve better protection the creation of the Rapidly Deployable about this. of their youngsters who may get draft- Mission Headquarters could be the pre- Mr. HEFLEY. Mr. Chairman, will the ed and may get sent overseas. There is cursor to a deployment in highly un- gentleman yield? a great deal of danger in the Bosnia stable and dangerous Central African Mr. TAYLOR of Mississippi. I yield and Kosovo area, yet here we are talk- Republic. The first mission of the head- to the gentleman from Colorado. ing about starting a new U.N. organiza- quarters was reported to be in the Cen- Mr. HEFLEY. Mr. Chairman, I think tion that unfortunately dwells on the tral African Republic, to replace the the gentleman from Missouri (Mr. TAY- term and brags about rapidly French army as it withdraws from that LOR) is absolutely right. I think the deployable. That is the last thing we troubled Nation. goals of the gentleman from Missouri need from the United Nations. I would Just this March Congress blocked the (Mr. SKELTON) and me are the same as like to slow it up, but now they want administration’s $9.5 million request to the gentleman’s probably are. If we can to take away our sovereignty to go and pay the U.S. share of that mission. work out a better way to word this so get involved more easily than ever and However, by supporting the Rapidly it takes care of the concerns of the more quickly than ever. Deployable Mission Headquarters, the gentleman from Mississippi (Mr. TAY- So this is absolutely the wrong direc- Clinton administration has simply ig- LOR) and the gentleman from Missouri tion that we are going in today. This is nored the mandate by Congress not to (Mr. SKELTON), I will be happy to do a further extension of the notion that get our troops involved in the Central that. our obligation is to police the world. African Republic. That is the problem. We all do not want a standing army, We are supposed to make the world That is what this amendment is ad- that is what we are all trying to avoid. safe for democracy. Just think, since dressing, Mr. Chairman. I would pledge to work with the gen- World War II, we have not had one de- Mr. SKELTON. Mr. Chairman, I yield tleman from Missouri (Mr. SKELTON) to clared war, but we sure have been 3 minutes to the distinguished gen- see if we cannot get this wording to all fighting a lot. We have lost well over tleman from Mississippi (Mr. TAYLOR). of our satisfaction. 100,000 men killed. We have lost, we Mr. TAYLOR of Mississippi. Mr. Mr. TAYLOR of Mississippi. Mr. have had hundreds of thousands of men Chairman, I thank the gentleman for Chairman, I thank the gentleman. injured because we have a policy that yielding me the time. Mr. HEFLEY. Mr. Chairman, I yield 3 carelessly allows us to intervene in the Mr. Chairman, I find myself betwixt minutes to the gentleman from Texas affairs of other nations, and we allow and between two very, very good Mem- (Mr. PAUL) the United Nations to assume too bers of this committee, two excellent Mr. PAUL. Mr. Chairman, I thank much control over our foreign policy. Members of Congress. the gentleman for yielding time to me, It is up to the U.S. Congress to do If I listen to both of the Members, I and I would like to compliment the something about that; that is, to take find them saying almost the same gentleman for bringing this amend- away the funding. This is a great thing. They are both saying we do not ment to the floor. amendment. I cannot conceive of any- want a standing U.N. army, and I agree Mr. Chairman, I want to make a cou- body voting against this amendment with that. The difference I see is in the ple of points. One, the other side of the and pretending that this is only a little point that the gentleman from Mis- aisle has mentioned that this is only a bit. souri (Mr. SKELTON) makes, which is small amount. We are just introducing Mr. HEFLEY. Mr. Chairman, I yield 3 why, when there will be a joint oper- this idea. We are only giving a couple minutes to the gentleman from Mary- ation, when there will be a joint oper- of dollars now. It reminds me of the ar- land (Mr. BARTLETT). ation, do we prohibit the very best guments in 1913, let us have an income (Mr. BARTLETT of Maryland asked from participating? tax, but it is only going to be a frac- and was given permission to revise and Last October I had lunch with the tion of 1 percent. We know what hap- extend his remarks.) head of the British forces, the head of pened. There are plans for what they Mr. BARTLETT of Maryland. Mr. the French forces, the head of the are doing. This is the time to stop it. Chairman, our President may be a May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3581 globalist. He may genuinely believe Mr. RYUN. Mr. Chairman, I rise in mitted to establishing a standing that if we support a U.N. army that is strong support of the Hefley amend- army. stronger than the military of any ment to prohibit the assignment of The U.N.’s official spokesman later member state, that this will permit the U.S. Armed Forces to United Nations tried to clarify what Mr. Choi meant to United Nations to keep the peace in Rapidly Deployable Mission Head- say, that this rapidly deployable head- the world. This rapid response force quarters. quarters is an interim step, he said, could very easily be a first step in this It is no secret that the United Na- since a standing army is too ambitious direction. tions wants to establish a standing for the time being. In other words, one Clearly, the President means it to be army. My concern is that we may be of the leading diplomats, the Assistant a step in whatever direction he intends starting down a slippery slope toward Secretary General for Peacekeeping to go because he has given them the goal of placing our troops under said that the U.N. is committed to a $200,000. the command of the United Nations. standing army and, of course, he went I have some problem understanding U.S. troops are already deployed too far and so he tried to explain it and how he can do this because Article I, around the world to U.N. peacekeeping then he said, well, that is too ambi- section 9 of the Constitution says, ‘‘No operations, and this is very important, tious a step for right now. money shall be drawn from the Treas- which have little to do with U.S. secu- Mr. SKELTON. Mr. Chairman, will the gentleman yield? ury but in consequence of appropria- rity issues, this is also important, Mr. HEFLEY. I yield to the gen- tions made by law.’’ which have questionable success rates. tleman from Missouri. The Congress makes those appropria- These deployments are putting a Mr. SKELTON. Mr. Chairman, he is tions. We made no such appropriation. strain on our defense budget, and they absolutely wrong. I am not for that. I I do not understand how the President are also shrinking our military and am not for that at all. can give our taxpayers’ money to the they are putting our people, our mili- What bothers me is the wording of U.N. without an act of Congress. tary people in harm’s way. Our defense this amendment. I think this amend- The citizens of our country do not budget continues to decline. Readiness ment, as worded, as I explained a few support any such idea as a standing shortfalls are common. No U.S. mili- moments ago, should it become law, army or rapid response force in the tary resources should be made avail- could very well invite some real disas- United Nations. They support the Con- able to the U.N. Rapidly Deployable ters for our troops. I really think that stitution, which says very clearly, in Missions Headquarters. it can be rewritten much, much better. Article I, section 8, ‘‘The Congress If the administration is able to find Mr. HEFLEY. Mr. Chairman, the gen- shall have power to declare war.’’ money, and it is my prayer that they tleman may be absolutely right. It may The President cannot do this, and can find money, but we can use it on be able to be worded much better, but any time he sends troops in harm’s way national security, as opposed to con- if he and I believe the same thing, that it is the equivalent of a declaration of tributing money to a new U.N. project. we do not want a standing army, the war, and I submit that that is tech- I know I have plenty of military hous- way for us to assure that is to let this nically in violation of the Constitu- ing quality-of-life problems back in my amendment go ahead and progress. I tion. district which should be funded before have committed to the gentleman that Mr. Chairman, if we vote down this we spend additional taxpayer dollars I will work with him as we go through amendment, Americans will think that on new U.N. bureaucracies. this process and try to get the wording we have gone mad. If we are going to be I urge my colleagues to protect our in a way that we can both agree on. involved in military activities, we need Armed Forces from any future U.N. in- But if we kill the amendment here to do so as Americans and under the fringements and vote yes on the Hefley today on the floor of the House, then control of Americans. amendment. there is no opportunity for us to do The gentleman from Missouri made Mr. SKELTON. Mr. Chairman, I yield that. the argument that if we pass this myself such time as I may consume. Mr. Chairman, I yield back the bal- amendment that we will limit the I have made my thoughts clear, and I ance of my time. President’s ability to send our troops oppose a standing United Nations The CHAIRMAN pro tempore (Mr. hither and yon in the world. I should army. I oppose the United States mili- PEASE). The question is on the amend- hope so. I think that when he uses tax- tary forces being part of a standing ment offered by gentleman from Colo- payers’ money in sending our troops to United Nations army. What I am con- rado (Mr. HEFLEY). The question was taken; and the faraway lands where they are in harm’s cerned about is the wording in this Chairman pro tempore announced that way, that is the exact equivalent of a amendment that may cause in the long the ayes appeared to have it. declaration of war. Except in a dire run some injuries and casualties to Mr. HEFLEY. Mr. Chairman, I de- emergency, he has no right to do this. wonderful United States troops. mand a recorded vote. Americans do not want him to con- I think that is our job in this body, The CHAIRMAN pro tempore. Pursu- tinue to do this. That is Congress’s re- to support the troops. And in my small ant to House Resolution 441, further sponsibility, as defined by the Con- way, in reading this amendment and proceedings on the amendment offered stitution. the wording of this amendment, I am by gentleman from Colorado (Mr. Americans in poll after poll support standing up for American troops. HEFLEY) will be postponed. the spirit of this amendment by at Mr. Chairman, I yield back the bal- SEQUENTIAL VOTES POSTPONED IN COMMITTEE least 4 to 1. This amendment does not ance of my time. OF THE WHOLE say we cannot participate in planning Mr. HEFLEY. Mr. Chairman, I yield The CHAIRMAN pro tempore. Pursu- or in execution. It simply says, our in- myself such time as I may consume. ant to House Resolution 441, proceed- volvement will not be automatic be- In summary, again, I think the gen- ings will now resume on those amend- cause we are a member of some rapid tleman from Missouri (Mr. SKELTON) ments on which further proceedings response force. It says that we will de- and I are on the same track. We inter- were postponed in the following order: cide each time what is in our best na- pret the wording of this amendment a Amendment No. B–1 offered by the tional interest. little differently. I think we are on the gentlewoman from New York (Mrs. The amendment does not prohibit same track as to what we want to do. LOWEY); amendment No. B–2 offered by joint operations. It simply says that I hope that we can work this out. the gentleman from New York (Mr. when we are involved, we will decide Let me just read again a brief para- GILMAN); amendment No. B–3 offered and we will control. graph that the gentleman from South by the gentleman from Colorado (Mr. Mr. Chairman, this is a very common Carolina (Mr. SPENCE) emphasized: HEFLEY). sense amendment which Americans Choi Young-Jin, the Korean diplomat The Chair will reduce to 5 minutes overwhelmingly support. We must sup- who is the U.N.’s Assistant Secretary the time for any electronic vote after port it here also. General for Peacekeeping, recently ad- the first vote in this series. Mr. HEFLEY. Mr. Chairman, I yield 3 mitted that the U.N. remains commit- AMENDMENT NO. B–1 OFFERED BY MRS. LOWEY minutes to the gentleman from Kansas ted to establishing a standing army. The CHAIRMAN pro tempore. The (Mr. RYUN). Now get that, the U.N. remains com- pending business is the demand for a H3582 CONGRESSIONAL RECORD — HOUSE May 20, 1998 recorded vote on the amendment of- Calvert Hyde Pitts duce to a minimum of 5 minutes the Camp Inglis Pombo fered by the gentlewoman from New Canady Istook Portman period of time within which a vote by York (Mrs. LOWEY) on which further Cannon Jenkins Poshard electronic device will be taken on each proceedings were postponed and on Chabot John Quinn amendment on which the Chair has which the noes prevailed by voice vote. Chambliss Johnson, Sam Radanovich postponed further proceedings. Chenoweth Jones Rahall The Clerk will redesignate the Christensen Kanjorski Redmond AMENDMENT OFFERED BY MR. GILMAN amendment. Coble Kaptur Regula The CHAIRMAN pro tempore. The The Clerk redesignated the amend- Coburn Kasich Riggs Collins Kildee Riley pending business is the demand for a ment. Combest Kim Roemer recorded vote on the amendment of- RECORDED VOTE Cook King (NY) Rogan fered by the gentleman from New York Cooksey Kingston Rogers (Mr. GILMAN) on which further proceed- The CHAIRMAN pro tempore. A re- Costello Klink Rohrabacher corded vote has been demanded. Cox Klug Ros-Lehtinen ings were postponed and on which the A recorded vote was ordered. Crane Knollenberg Royce ayes prevailed by voice vote. Crapo Kucinich Ryun The Clerk will redesignate the The vote was taken by electronic de- Cubin LaFalce Salmon vice, and there were—ayes 190, noes 232, Cunningham LaHood Sanford amendment. not voting 10, as follows: Danner Largent Saxton The Clerk redesignated the amend- Davis (VA) Latham Scarborough ment. [Roll No. 171] Deal LaTourette Schaefer, Dan AYES—190 DeLay Lazio Schaffer, Bob RECORDED VOTE Diaz-Balart Lewis (CA) Sensenbrenner The CHAIRMAN pro tempore. A re- Abercrombie Frost Morella Dickey Lewis (KY) Sessions Ackerman Furse Nadler corded vote has been demanded. Doolittle Linder Shadegg Allen Gejdenson Neal Doyle Lipinski Shimkus A recorded vote was ordered. Andrews Gephardt Obey Dreier Livingston Shuster The vote was taken by electronic de- Baesler Gilchrest Olver Duncan LoBiondo Skeen Baldacci Gilman Owens vice, and there were—ayes 420, noes 1, Dunn Lucas Skelton Barrett (WI) Gordon Pallone not voting 11, as follows: Ehlers Manton Smith (MI) Bass Green Pascrell Emerson Manzullo Smith (NJ) [Roll No. 172] Becerra Greenwood Pastor English Mascara Smith (OR) Bentsen Gutierrez Payne AYES—420 Ensign McCollum Smith (TX) Berman Hastings (FL) Pelosi Everett McCrery Smith, Linda Abercrombie Coble Furse Bishop Hefner Pomeroy Forbes McDade Snowbarger Ackerman Coburn Gallegly Blagojevich Hilliard Porter Fossella McHugh Solomon Aderholt Collins Ganske Blumenauer Hinchey Price (NC) Fox McInnis Souder Allen Combest Gejdenson Boehlert Hinojosa Pryce (OH) Gallegly McIntosh Spence Andrews Condit Gekas Bonior Hooley Ramstad Ganske McIntyre Stearns Archer Conyers Gephardt Bono Horn Rangel Gekas McKeon Stenholm Armey Cook Gibbons Boswell Houghton Reyes Gibbons McNulty Stump Bachus Cooksey Gilchrest Boucher Hoyer Rivers Gillmor Metcalf Stupak Baesler Costello Gillmor Boyd Jackson (IL) Rodriguez Goode Mica Sununu Baker Cox Gilman Brown (CA) Jackson-Lee Rothman Goodlatte Moakley Talent Baldacci Coyne Goode Brown (FL) (TX) Roukema Goodling Mollohan Tauzin Ballenger Cramer Goodlatte Brown (OH) Jefferson Roybal-Allard Goss Moran (KS) Taylor (MS) Barcia Crane Goodling Campbell Johnson (CT) Rush Graham Myrick Taylor (NC) Barr Crapo Gordon Capps Johnson (WI) Sabo Granger Nethercutt Thornberry Barrett (NE) Cubin Goss Cardin Johnson, E.B. Sanchez Gutknecht Neumann Thune Barrett (WI) Cummings Graham Castle Kelly Sanders Hall (OH) Ney Tiahrt Bartlett Cunningham Granger Clayton Kennedy (MA) Sandlin Hall (TX) Northup Traficant Barton Danner Green Clement Kennedy (RI) Sawyer Hamilton Norwood Upton Bass Davis (FL) Greenwood Clyburn Kennelly Schumer Hansen Nussle Walsh Becerra Davis (IL) Gutierrez Condit Kilpatrick Scott Hastert Oberstar Wamp Bentsen Davis (VA) Gutknecht Conyers Kind (WI) Serrano Hastings (WA) Ortiz Watkins Bereuter Deal Hall (OH) Coyne Kleczka Shaw Hayworth Oxley Watts (OK) Berman DeFazio Hall (TX) Cramer Kolbe Shays Hefley Packard Weldon (FL) Berry DeGette Hamilton Cummings Lampson Sherman Herger Pappas Weldon (PA) Bilbray Delahunt Hansen Davis (FL) Lantos Sisisky Hill Parker Weller Bilirakis DeLauro Hastert Davis (IL) Leach Skaggs Hilleary Paul Weygand Bishop DeLay Hastings (FL) DeFazio Lee Slaughter Hobson Paxon Whitfield Blagojevich Deutsch Hastings (WA) DeGette Levin Smith, Adam Hoekstra Pease Wicker Bliley Diaz-Balart Hayworth Delahunt Lewis (GA) Snyder Holden Peterson (MN) Wolf Blumenauer Dickey Hefley DeLauro Lofgren Spratt Hostettler Peterson (PA) Young (AK) Blunt Dicks Hefner Deutsch Lowey Stark Hulshof Petri Young (FL) Boehlert Dingell Herger Dicks Luther Stokes Hunter Pickering Boehner Dixon Hill Dingell Maloney (CT) Strickland Hutchinson Pickett Bonilla Doggett Hilleary Dixon Maloney (NY) Tanner Bonior Dooley Hilliard Doggett Markey Tauscher NOT VOTING—10 Bono Doolittle Hinchey Dooley Martinez Thomas Borski Doyle Hinojosa Edwards Matsui Thompson Bateman Gonzalez Stabenow Carson Harman Wise Boswell Dreier Hobson Ehrlich McCarthy (MO) Thurman Boucher Duncan Hoekstra Engel McCarthy (NY) Tierney Clay Meeks (NY) Ewing Murtha Boyd Dunn Holden Eshoo McDermott Torres Brady Edwards Hooley Etheridge McGovern Towns b 1716 Brown (CA) Ehlers Horn Evans McHale Turner Brown (FL) Ehrlich Hostettler Farr McKinney Velazquez The Clerk announced the following Brown (OH) Emerson Houghton Fattah Meehan Vento pair: Bryant Engel Hoyer Fawell Meek (FL) Visclosky On this vote: Bunning English Hulshof Fazio Menendez Waters Burr Ensign Hunter Filner Millender- Watt (NC) Ms. Stabenow for, with Mr. Ewing against. Burton Eshoo Hutchinson Foley McDonald Waxman Mr. GEKAS and Mr. LAZIO of New Buyer Etheridge Hyde Ford Miller (CA) Wexler Callahan Evans Inglis Fowler Miller (FL) White York changed their vote from ‘‘aye’’ to Calvert Everett Istook Frank (MA) Minge Woolsey ‘‘no.’’ Camp Farr Jackson (IL) Franks (NJ) Mink Wynn Mr. KIND and Mrs. CLAYTON Campbell Fattah Jackson-Lee Frelinghuysen Moran (VA) Yates Canady Fawell (TX) changed their vote from ‘‘no’’ to ‘‘aye.’’ Cannon Fazio Jefferson NOES—232 So the amendment was rejected. Capps Filner Jenkins Aderholt Bartlett Bonilla The result of the vote was announced Cardin Foley John Archer Barton Borski as above recorded. Castle Forbes Johnson (CT) Armey Bereuter Brady Chabot Ford Johnson (WI) Bachus Berry Bryant ANNOUNCEMENT BY THE CHAIRMAN PRO Chambliss Fossella Johnson, E. B. Baker Bilbray Bunning TEMPORE Chenoweth Fowler Johnson, Sam Ballenger Bilirakis Burr The CHAIRMAN pro tempore (Mr. Christensen Fox Jones Barcia Bliley Burton Clayton Franks (NJ) Kanjorski Barr Blunt Buyer PEASE). Pursuant to House Resolution Clement Frelinghuysen Kaptur Barrett (NE) Boehner Callahan 441, the Chair announces that it will re- Clyburn Frost Kasich May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3583 Kelly Myrick Serrano ings were postponed and on which the Walsh Weldon (PA) Wolf Kennedy (MA) Nadler Sessions Wamp Weller Young (AK) Kennedy (RI) Neal Shadegg ayes prevailed by voice vote. Watkins White Young (FL) Kennelly Nethercutt Shaw The Clerk will redesignate the Watts (OK) Whitfield Kildee Neumann Shays amendment. Weldon (FL) Wicker Kilpatrick Ney Sherman Kim Northup Shimkus The Clerk redesignated the amend- NOES—172 Kind (WI) Norwood Shuster ment. Abercrombie Hinchey Morella King (NY) Nussle Sisisky RECORDED VOTE Ackerman Hinojosa Nadler Kingston Oberstar Skaggs Allen Holden Neal Kleczka Obey Skeen The CHAIRMAN pro tempore. A re- Baesler Hooley Oberstar Klink Olver Skelton corded vote has been demanded. Baldacci Houghton Obey Klug Ortiz Slaughter A recorded vote was ordered. Barrett (WI) Hoyer Olver Knollenberg Owens Smith (MI) The vote was taken by electronic de- Becerra Hyde Ortiz Kolbe Oxley Smith (NJ) Bentsen Jackson (IL) Owens Kucinich Packard Smith (OR) vice, and there were—ayes 250, noes 172, Berman Jackson-Lee Pallone LaFalce Pallone Smith (TX) not voting 10, as follows: Blagojevich (TX) Pascrell LaHood Pappas Smith, Adam Blumenauer Jefferson Pastor Lampson Parker Smith, Linda [Roll No. 173] Bonior John Payne Lantos Pascrell Snowbarger AYES—250 Borski Johnson (CT) Pelosi Largent Pastor Snyder Boucher Johnson, E. B. Pickett Aderholt Franks (NJ) Neumann Latham Paul Solomon Boyd Kanjorski Porter Andrews Frelinghuysen Ney LaTourette Paxon Souder Brown (CA) Kennedy (MA) Price (NC) Archer Gallegly Northup Lazio Payne Spence Brown (FL) Kennedy (RI) Rahall Armey Ganske Norwood Leach Pease Spratt Brown (OH) Kennelly Rangel Bachus Gekas Nussle Lee Pelosi Stark Campbell Kildee Reyes Baker Gibbons Oxley Levin Peterson (MN) Stearns Cardin Kilpatrick Rivers Ballenger Gilchrest Packard Lewis (CA) Peterson (PA) Stenholm Clayton Kind (WI) Rodriguez Barcia Gillmor Pappas Lewis (GA) Petri Stokes Clyburn King (NY) Rothman Barr Gilman Parker Lewis (KY) Pickering Strickland Conyers Kleczka Roybal-Allard Barrett (NE) Goode Paul Linder Pickett Stump Costello Klink Rush Bartlett Goodlatte Paxon Lipinski Pitts Stupak Coyne Kolbe Sabo Barton Goodling Pease Livingston Pombo Sununu Cummings Kucinich Sanchez Bass Gordon Peterson (MN) LoBiondo Pomeroy Talent Davis (FL) LaFalce Sanders Bereuter Goss Peterson (PA) Lofgren Porter Tanner Davis (IL) Lampson Sawyer Berry Graham Petri Lowey Portman Tauscher DeGette Lantos Schumer Bilbray Granger Pickering Lucas Poshard Tauzin Delahunt Leach Scott Bilirakis Green Pitts Luther Price (NC) Taylor (MS) DeLauro Lee Serrano Bishop Gutierrez Pombo Maloney (CT) Pryce (OH) Taylor (NC) Deutsch Levin Sherman Bliley Gutknecht Pomeroy Maloney (NY) Quinn Thomas Dicks Lewis (GA) Sisisky Blunt Hall (TX) Portman Manton Radanovich Thompson Dingell Lofgren Skaggs Boehlert Hansen Poshard Manzullo Rahall Thornberry Dixon Lowey Skelton Boehner Hastert Pryce (OH) Markey Ramstad Thune Doggett Luther Slaughter Bonilla Hastings (WA) Quinn Martinez Rangel Thurman Dooley Maloney (NY) Smith, Adam Bono Hayworth Radanovich Mascara Redmond Tiahrt Doyle Manton Spratt Boswell Hefley Ramstad Matsui Regula Tierney Edwards Markey Stark Brady Hefner Redmond McCarthy (MO) Reyes Torres Ehlers Mascara Stokes Bryant Herger Regula McCarthy (NY) Riggs Towns Engel Matsui Stupak Bunning Hill Riggs McCollum Riley Traficant Eshoo McCarthy (MO) Tauscher Burr Hilleary Riley McCrery Rivers Turner Evans McCarthy (NY) Thompson Burton Hobson Roemer McDermott Rodriguez Upton Farr McDermott Thurman Buyer Hoekstra Rogan McGovern Roemer Velazquez Fattah McGovern Tierney Callahan Horn Rogers McHale Rogan Vento Fazio McHale Torres Calvert Hostettler Rohrabacher McHugh Rogers Visclosky Filner McKinney Towns Camp Hulshof Ros-Lehtinen McInnis Rohrabacher Walsh Ford Meehan Velazquez Canady Hunter Roukema McIntosh Ros-Lehtinen Wamp Frank (MA) Meek (FL) Vento Cannon Hutchinson Royce McIntyre Rothman Waters Frost Menendez Visclosky Capps Inglis Ryun McKeon Roukema Watkins Furse Millender- Waters Castle Istook Salmon McKinney Roybal-Allard Watt (NC) Gejdenson McDonald Watt (NC) Chabot Jenkins Sandlin McNulty Royce Watts (OK) Gephardt Miller (CA) Waxman Chambliss Johnson (WI) Sanford Meehan Rush Waxman Greenwood Minge Wexler Chenoweth Johnson, Sam Saxton Meek (FL) Ryun Weldon (FL) Hall (OH) Mink Weygand Christensen Jones Scarborough Menendez Sabo Weldon (PA) Hamilton Moakley Woolsey Clement Kaptur Schaefer, Dan Metcalf Salmon Weller Hastings (FL) Mollohan Wynn Coble Kasich Schaffer, Bob Mica Sanchez Wexler Hilliard Moran (VA) Yates Millender- Sanders Weygand Coburn Kelly Sensenbrenner McDonald Sandlin White Collins Kim Sessions NOT VOTING—10 Miller (CA) Sanford Whitfield Combest Kingston Shadegg Bateman Gonzalez Stabenow Miller (FL) Sawyer Wicker Condit Klug Shaw Carson Harman Wise Minge Saxton Wolf Cook Knollenberg Shays Clay Meeks (NY) Mink Scarborough Woolsey Cooksey LaHood Shimkus Ewing Murtha Moakley Schaefer, Dan Wynn Cox Largent Shuster Mollohan Schaffer, Bob Yates Cramer Latham Skeen Crane LaTourette Smith (MI) Moran (KS) Schumer Young (AK) b 1733 Moran (VA) Scott Young (FL) Crapo Lazio Smith (NJ) Morella Sensenbrenner Cubin Lewis (CA) Smith (OR) Ms. HOOLEY of Oregon changed her Cunningham Lewis (KY) Smith (TX) PRESENT—1 Danner Linder Smith, Linda vote from ‘‘aye’’ to ‘‘no.’’ Frank (MA) Davis (VA) Lipinski Snowbarger So the amendment was agreed to. Deal Livingston Snyder The result of the vote was announced NOT VOTING—11 DeFazio LoBiondo Solomon DeLay Lucas Souder as above recorded. Bateman Gonzalez Murtha Diaz-Balart Maloney (CT) Spence Carson Harman Stabenow Mr. EVERETT. Mr. Chairman, the legislation Dickey Manzullo Stearns Clay McDade Wise Doolittle Martinez Stenholm before us today represents our best efforts to Ewing Meeks (NY) Dreier McCollum Strickland fashion a defense authorization bill that meets Duncan McCrery Stump the national security requirements of the coun- b 1725 Dunn McDade Sununu try within a constrained budget. This year So the amendment was agreed to. Ehrlich McHugh Talent Emerson McInnis Tanner marks the 14th consecutive year of real de- The result of the vote was announced English McIntosh Tauzin cline in defense spending; a fact that has led as above recorded. Ensign McIntyre Taylor (MS) to the military being slashed by more than Etheridge McKeon Taylor (NC) AMENDMENT B–3 OFFERED BY MR. HEFLEY Everett McNulty Thomas one-third. As a percentage of the Gross Na- The CHAIRMAN pro tempore. The Fawell Metcalf Thornberry tional Product, this defense budget represents pending business is the demand for a Foley Mica Thune only 3 percent; the lowest level since before recorded vote on amendment No. 3 of- Forbes Miller (FL) Tiahrt World War II. Fossella Moran (KS) Traficant fered by the gentleman from Colorado Fowler Myrick Turner I raise these points as a warning. As a Na- (Mr. Hefley) on which further proceed- Fox Nethercutt Upton tion who has invested dearly to amass the H3584 CONGRESSIONAL RECORD — HOUSE May 20, 1998 greatest military in the world, we cannot con- But, Mr. Chairman, H.R. 3616 is not just for Government employees to compete, we tinue the erosion of our national security capa- about outfitting our military with the best must recognize that this is an inglorious meth- bilities without assuming greater risk in our equipment and training to meet these chal- od to show our gratitude for all their years of ability to meet the many and varied challenges lenges, it is also about doing more for our uni- public service. I believe that the Department of of America's security interests. The Joint formed men and women. H.R. 3616 includes Defense is relying too heavily on A±76, privat- Chiefs have all testified that we can still get several measures that I introduced that en- ization and other outsourcing initiatives to pro- the job done under this budget, but the associ- hances the lives of our service personnel. I vide sorely needed savings for their programs. ated risk factor to meet the national threat as- was able to obtain language that would allow I remain skeptical over the estimates that DoD sessment continues to increase. The unfunded National Guardsmen to have equal PX/BX and claims they will reap from these processes. requirements also continue to grow, amount- Commissary privileges as the active duty serv- Essentially, I am concerned that the retire- ing to $54 billion over the next 5 years accord- icemen when called up for duty during a feder- ment benefit packages of Federal employees ing to the Chiefs. These unfunded require- ally declared disaster. We learned of this in- is penalized severely for early retirement. Cur- ments range from the modernization of key equity only too well when Typhoon Paka rently, there is no provision to protect the full weapon systems, to real property maintenance struck Guam last December. Additionally, I re- receipt of benefits if the employee is displaced backlogs, to quality of life issues effecting the introduced an amendment that will authorize by a private sector worker as a result of A±76. dedicated military personnel and their families. the reimbursement for the cost of a rental car, The devastating inequity of A±76 is that a fed- In addition to these massive unmet require- after a permanent change of station transfer to eral worker who is 2 to 3 years away from re- ments, the Congressional Budget Office has a new duty station overseas under the travel tirement will lose out on a full pension through indicated that Clinton's 5-year defense budget automobile rental allowance authorized to no fault of their own. In conclusion, it is my will not even keep pace with today's mild rate service members. This provision would apply hope that the Department will seriously review of inflation. This fact broadens the defense only to service members whose motor vehicle the process to protect its loyal employees and budget problems by another $54.4 billion has not arrived by the promised shipping date. the retirement benefits that they were prom- shortfall between now and fiscal 2003. This initiative, suggested to me by Colonel ised. These sobering realities of the defense Adolf Sgambelluri of Guam, became a reality Mrs. FOWLER. Mr. Chairman, I move budget are important to note, because this ad- after working closely with Congressman STEVE that the Committee do now rise. ministration continues to task the military with BUYER and Congressman GENE TAYLOR. The motion was agreed to. countless forward deployments while failing to Mr. Chairman, the House National Security Accordingly the Committee rose; and provide the resources necessary to conduct Committee also manages a vital oversight the Speaker pro tempore (Mr. GIBBONS) these missions. The Op Tempo rate of our function over the Department of Defense. My having assumed the chair, Mr. PEASE, military personnel is at the breaking point. The colleagues and I treat this responsibility very Chairman pro tempore of the Commit- Bosnia peacekeeping mission and Operation seriously. Two oversight initiatives that I had tee of the Whole House on the State of Southern Watch in Iraq continue to sap the included in this bill are (1) to secure directive the Union, reported that that Commit- readiness accounts of the services, requiring report language that requires the Department tee, having had under consideration Congress to approve last-minute emergency of Defense to report to Congress on the rea- the bill (H.R. 3616) to authorize appro- supplemental appropriations bills to pay for sons that led to the establishment of Depart- priations for fiscal year 1999 for mili- critical training accounts depleted by these for- ment of Defense Dependents School tary activities of Department of De- eign policy forays. These trends are an indica- (DoDDS), their plan of reintegration between fense, to prescribe military personnel tion of poor management of the country's na- the DoDDS and the public school system on strengths for fiscal year 1999, and for tional defense. Guam, and report on the specific plans to con- other purposes, had come to no resolu- With that said, I must commend Chairman struct any structure on Guam for the ex- tion thereon. SPENCE and the subcommittee chairman for pressed purpose of housing DoDDS facilities f their work in crafting this bill under these dif- on Guam; and (2) to require the Department ficult circumstances. We have been able to of Defense to report to Congress their pro- NOTICE OF INTENT TO OFFER MO- provide additional funds for key weapon sys- posed plan for privatization of public (depart- TION TO INSTRUCT CONFEREES tems procurement like the UH±60 Black Hawk mental and military) owned electric and water ON H.R. 2400, BUILDING EFFI- helicopters and Javelin precision guided mis- utilities and the real property that these utilities CIENT SURFACE TRANSPOR- siles and speed up the testing and develop- are located on. The report also requires that TATION AND EQUITY ACT OF 1998 ment of the RAH±66 Comanche, while also DoD describe the criterion where such a con- Mr. MINGE. Mr. Speaker, pursuant adding critical funds to help improve and veyance will not be made on the grounds of to clause 1(c) of House Rule XXVIII, I maintain the infrastructure on our military in- national security. I worked closely with Chair- hereby notify the House of my inten- stallations. I urge all members to support the man JOEL HEFLEY on this initiative and would tion tomorrow to offer the following bill. like to thank him for his foresight in including motion to instruct House conferees on Mr. UNDERWOOD. Mr. Chairman, I join my this important initiative. H.R. 2400, Building Efficient Surface colleagues today in support of H.R. 3616, the Mr. Chairman, one note of dissent, I am not Transportation and Equity Act of 1998: FY 1999 Defense Authorization Bill. This bi- in support of this bill's provision that will man- I move the managers on the part of partisan effort has been well received and will date gender-separate training and barracks for the House at the conference on the dis- do much to ensure that the security of the all services of the armed forces during basic agreeing votes of the two Houses on United States and its territories will be pre- training. I have often commented on the grow- the bill, H.R. 2400, be instructed to en- served. ing rift in military/civilian relations. I believe sure that spending for highways and Mr. Chairman, these are dangerous times. that for 50 years the armed forces has been transit programs authorized in the con- Today, the United States is faced with multi- the most successful institution that promotes ference agreement on H.R. 2400 is fully faceted threats from all corners of the globe. inclusion of both race and gender. To reverse paid for using estimates of the Con- The list is enormous: illicit Ballistic Missile that noble history, which this measure will cer- gressional Budget Office, to reject the technology transfers from Russia and China, tainly do, is to run the risk of dangerously turn- use of estimates from any other source, North Korean and Iranian ballistic missile de- ing our military into an organization that will be to reject any method of budgeting that velopment, a potential nuclear arms race in further separated from the society that it is departs from the budget enforcement South Asia, continuing strife in Bosnia, Iraq's charged to defend. principles currently in effect, or the failure to completely comply with U.N. weap- Finally, Mr. Chairman, I am deeply con- use of the budget surplus to pay for ons inspectors, rioting, oppression, and a se- cerned with the Department of Defense's con- spending on highways or transit pro- cession crisis in Indonesia, a seemingly insur- tinuing utilization of the A±76 process in its grams. mountable international narcotrafficking prob- quest to mete out savings and increase pro- f lem and the specter of global and domestic ductivity. While I recognize that the Depart- terrorism. Our military forces are being ment can no longer conduct business the way MOTION TO INSTRUCT CONFEREES stretched to the limit, being forced to do more it had during the Cold War, it seems short- ON H.R. 2400, BUILDING EFFI- with less. These threats matched against our sighted and thankless to potentially lay off CIENT SURFACE TRANSPOR- Nation's shrinking defense budget all create a thousands of government employees who TATION AND EQUITY ACT OF 1998 tense security environment that our Nation have served for so long. Despite that the A± Mr. OBEY. Mr. Speaker, I offer a mo- must contend with. 76 process, at a minimum, provides a chance tion to instruct conferees.