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[Journal of the House of Representatives, 1995]
[Thursday, June 15, 1995 (80), Para 80.10 Recorded Vote]
[Pages 918-921]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.80.10  recorded vote

  A recorded vote by electronic device was ordered in the Committee of 
the Whole on the following amendments, en bloc, submitted by Mr. SPENCE:

       At the end of title XII (page 409, after line 18), insert 
     the following new section:

     SEC. 1228. SENSE OF CONGRESS CONCERNING UNILATERAL 
                   IMPLEMENTATION OF START II TREATY.

       (a) Findings.--Congress finds that--
       (1) the START II Treaty has not entered into force; and
       (2) the United States is nevertheless taking unilateral 
     steps to implement the reductions in strategic forces called 
     for by that treaty.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Secretary of Defense should not implement any reduction 
     in strategic forces that is called for in the START II Treaty 
     unless and until that treaty enters into force.
       (c) Definitions.--For purposes of this section, the term 
     ``START II Treaty'' means the Treaty between the United 
     States of America and the Russian Federation on Further 
     Reduction and Limitation of Strategic Offensive Arms.
       At the end of subtitle B of title II (page 31, after line 
     11), insert the following new section:

     SEC. 217. DEVELOPMENT OF LASER PROGRAM.

       (a) Laser Program.--The amount authorized for appropriation 
     by section 201 is hereby increased by $9,000,000, to be used 
     for the development by the Naval High Energy Laser Office of 
     a continuous wave, superconducting radio frequency free 
     electron laser program.
       (b) Offset.--The amount authorized by section 201 is hereby 
     reduced by $9,000,000, of which--
       (1) $7,000,000 shall be derived from amounts authorized for 
     experimental evaluation of major innovative technologies (PE 
     63226E); and
       (2) $2,000,000 shall be derived from amounts authorized for 
     the space test program (PE 63402F).
       In section 257(e):
       Page 55, line 1, insert after ``section 201'' the 
     following: ``for federally funded research and development 
     centers and university-affiliated research centers''.
       At the end of title II (page 61, after line 2), insert the 
     following new section:

     SEC. 263. FIBER OPTIC ACOUSTIC SENSOR SYSTEM.

       (a) Fiber Optic Acoustic Sensor System.--Of the amount 
     appropriated pursuant to the authorization in section 201, 
     $28,181,000 shall be available for fiscal year 1996 for the 
     advanced submarine combat systems development program (PE 
     63504N). Of that amount, $6,900,000 shall be available for 
     research and development of a fiber optic acoustic sensor 
     system, including the development of common optical towed 
     arrays.
       (b) Offset.--The amount authorized in section 201 for the 
     advanced submarine systems development program (PE 63561N) is 
     hereby reduced by $6,900,000.
       At the end of title II (page 61, after line 2), insert the 
     following new section:

     SEC. 263. JOINT TARGETING SUPPORT SYSTEM TESTBED.

       (a) Joint Targeting Support System Testbed.--The amount 
     authorized in section 201(2) for theater mission planning 
     (project A1784) is hereby increased by $10,000,000, to be 
     used to establish a joint targeting support system testbed 
     (in PE 0204229N).
       (b) Offset.--The amount authorized in section 201(2) for 
     the Tomahawk (project A0545) is hereby reduced by 
     $10,000,000.
       At the end of subtitle B of title I (page 19, after line 
     20), insert the following new section:

     SEC. 112. REPEAL OF REQUIREMENTS FOR ARMORED VEHICLE 
                   UPGRADES.

       Subsection (j) of section 21 of the Arms Export Control Act 
     (22 U.S.C. 2761) is repealed.
       Strike out section 367 (page 107, line 16, through page 
     108, line 2) and insert in lieu thereof the following:

     SEC. 367. INCREASED RELIANCE ON THE PRIVATE SECTOR.

       (A) General Rule.--The Secretary of Defense shall endeavor 
     to carry out through an entity in the private sector any 
     activity to provide a commercial product or service for the 
     Department of Defense if--
       (1) the product or service can be provided through a source 
     in the private sector; and
       (2) an adequate competitive environment exists to provide 
     for economical accomplishment of the function by the private 
     sector.
       (b) Applicability.--(1) Subsection (a) shall not be 
     construed to apply to any commercial product or service with 
     respect to which the Secretary of Defense determines that--
       (A) production, manufacture, or provision of that product 
     or service by the Govern

[[Page 919]]

     ment is necessary for reasons of national security; or
       (B) the product or service is so inherently governmental in 
     nature that it is in the public interest to require 
     production or performance, respectively, by the Department of 
     Defense.
       (2) A determination under paragraph (1) shall be made in 
     accordance with regulations prescribed under subsection (c).
       (c) Regulations.--The Secretary of Defense shall prescribe 
     regulations for the purposes of this section. Such 
     regulations shall be prescribed in consultation with the 
     Director of the Office of Management and Budget.
       (d) Report.--(1) The Secretary of Defense shall identify 
     all activities of the Department of Defense that are carried 
     out to provide commercial products or services for the 
     Department of Defense and that are carried out by personnel 
     of the Department of Defense (other than activities specified 
     by the Secretary pursuant to subsection (b)).
       (2) The Secretary shall transmit to Congress, not later 
     than April 15, 1996, a report on matters relating to 
     increased use of the private sector for the performance of 
     commercial functions for the Department of Defense. The 
     report shall include a list of all activities identified 
     under paragraph (1) and indicate, for each activity, whether 
     the Secretary proposes to convert the performance of such 
     activity to performance by the private sector and, if not, 
     the reasons why.
       (3) The report shall include--
       (A) a description of the advantages and disadvantages of 
     using contractor personnel, rather than employees of the 
     Department of Defense, to perform functions of the Department 
     that are not essential to the warfighting mission of the 
     Armed Forces;
       (B) specification of all legislative and regulatory 
     impediments to contracting those functions for private 
     performance; and
       (C) the views of the Secretary of Defense on the 
     desirability of terminating the applicability of OMB Circular 
     A-76 to the Department of Defense.
       (4) The Secretary shall carry out paragraph (1) in 
     consultation with the Director of the Office of Management 
     and Budget and the Comptroller General of the United States. 
     In carrying out that paragraph, the Secretary shall consult 
     with, and seek the views of, representatives of the private 
     sector, including organizations representing small 
     businesses.
       Page 120, line 22, insert after ``law enforcement'' the 
     following: ``or emergency response''.
       At the end of title III (page 153, after line 25), insert 
     the following new section:

     SEC. 396. EXPANSION OF SOUTHWEST BORDER STATES ANTI-DRUG 
                   INFORMATION SYSTEM.

       Congress finds that the Southwest Border States Anti-Drug 
     Information Systems program is an important element in the 
     effort of the Department of Defense to support law 
     enforcement agencies in the fight against illegal trafficking 
     of narcotics.
       At the end of subtitle B of title V (page 189, after line 
     7), insert the following new section:

     SEC. 519. ACTIVE DUTY ASSOCIATE UNIT RESPONSIBILITY.

       (a) Associate Units.--Subsection (a) of section 1131 of the 
     National Defense Authorization Act for Fiscal Year 1993 
     (Public Law 102-484; 106 Stat. 2540) is amended to read as 
     follows:
       ``(a) Associate Units.--The Secretary of the Army shall 
     require--
       ``(1) that each ground combat maneuver brigade of the Army 
     National Guard that (as determined by the Secretary) is 
     essential for the execution of the National Military Strategy 
     be associated with an active-duty combat unit; and
       ``(2) that combat support and combat service support units 
     of the Army Selected Reserve that (as determined by the 
     Secretary) are essential for the execution of the National 
     Military Strategy be associated with active-duty units.''.
       (b) Responsibilities.--Subsection (b) of such section is 
     amended--
       (1) by striking out ``National Guard combat unit'' in the 
     matter preceding paragraph (1) and inserting in lieu thereof 
     ``National Guard unit or Army Selected Reserve unit that (as 
     determined by the Secretary under subsection (a)) is 
     essential for the execution of the National Military 
     Strategy''; and
       (2) by striking out ``of the National Guard unit'' in 
     paragraphs (1), (2), (3), and (4) and inserting in lieu 
     thereof ``of that unit''.
       Page 304, beginning on line 23, strike out ``September 30, 
     1995'' and insert in lieu thereof ``October 1, 1994''.
       Page 306, after line 5, insert the following new 
     subsection:
       (b) Sense of Congress.--(1) Congress finds that the 
     Uniformed Services Treatment Facilities provide quality 
     health care to the 120,000 Department of Defense 
     beneficiaries enrolled in the Uniformed Services Family 
     Health Plan provided by these facilities.
       (2) In light of such finding, it is the sense of Congress 
     that the Uniformed Services Family Health Plan provided by 
     the Uniformed Services Treatment Facilities should not be 
     terminated for convenience under provisions of the Federal 
     Acquisition Regulation by the Secretary of Defense before the 
     expiration of the current participation agreements.
       Page 307, strike out line 20 and all that follows through 
     line 6 on page 308, relating to section 724 of the bill 
     (equitable implementation of uniform cost sharing 
     requirements for Uniformed Services Treatment Facilities), 
     and insert the following new section:

     SEC. 724. EQUITABLE IMPLEMENTATION OF UNIFORM COST SHARING 
                   REQUIREMENTS FOR UNIFORMED SERVICES TREATMENT 
                   FACILITIES.

       (a) Time for Fee Implementation.--The uniform managed care 
     benefit fee and copayment schedule developed by the Secretary 
     of Defense for use in all managed care initiatives of the 
     military health service system, including the managed care 
     program of the Uniformed Services Treatment Facilities, shall 
     be extended to the managed care program of a Uniformed 
     Services Treatment Facility only after the later of--
       (1) the implementation of the TRICARE regional program 
     covering the service area of the Uniformed Services Treatment 
     Facility; or
       (2) the end of the 180-day period beginning on the date of 
     the enactment of this Act.
       (b) Submission of Actuarial Estimates.--Paragraph (2) of 
     subsection (a) shall operate as a condition on the extension 
     of the uniform managed care benefit fee and copayment 
     schedule to the Uniformed Services Treatment Facilities only 
     if the Uniformed Services Treatment Facilities submit to the 
     Comptroller General of the United States, within 30 days 
     after the date of the enactment of this Act, actuarial 
     estimates in support of their contention that the extension 
     of such fees and copayments will have an adverse effect on 
     the operation of the Uniformed Services Treatment Facilities 
     and the enrollment of participants.
       (c) Evaluation.--Except as provided in paragraph (2), not 
     later than 90 days after the date of the enactment of this 
     Act, the Comptroller General shall submit to Congress the 
     results of an evaluation of the effect on the Uniformed 
     Services Treatment Facilities of the extension of the uniform 
     benefit fee and copayment schedule to the Uniformed Services 
     Treatment Facilities. The evaluation shall include an 
     examination of whether the benefit fee and copayment schedule 
     may--
       (A) cause adverse selection of enrollees;
       (B) be inappropriate for a fully at-risk program similar to 
     civilian health maintenance organizations; or
       (C) result in an enrolled population dissimilar to the 
     general beneficiary population.
       (2) The Comptroller General shall not be required to 
     prepare or submit the evaluation under paragraph (1) if the 
     Uniformed Services Treatment Facilities fail to 
     satisfactorily comply with subsection (b), as determined by 
     the Comptroller General.
       At the end of subtitle C of title VIII, insert the 
     following new section:

     SEC. 845. COST REIMBURSEMENT RULES FOR INDIRECT COSTS 
                   ATTRIBUTABLE TO PRIVATE SECTOR WORK OF DEFENSE 
                   CONTRACTORS.

       (a) Defense Capability Preservation Agreement.--The 
     Secretary of Defense may enter into an agreement, to be known 
     as a ``defense capability preservation agreement'', with a 
     defense contractor under which the cost reimbursement rules 
     described in subsection (b) shall be applied. Such an 
     agreement may be entered into in any case in which the 
     Secretary determines that the application of such cost 
     reimbursement rules would facilitate the achievement of the 
     policy set forth in section 2501(c) of title 10, United 
     States Code.
       (b) Cost Reimbursement Rules.--(1) The cost reimbursement 
     rules applicable under an agreement entered into under 
     subsection (a) are as follows:
       (A) The Department of Defense shall, in determining the 
     reimbursement due a contractor for its indirect costs of 
     performing a defense contract, allow the contractor to 
     allocate indirect costs to its private sector work only to 
     the extent of the contractor's allocable indirect private 
     sector costs, subject to subparagraph (C).
       (B) For purposes of subparagraph (A), the allocable 
     indirect private sector costs of a contractor are those costs 
     of the contractor that are equal to the amount by which the 
     revenue attributable to the private sector work of the 
     contractor exceeds the sum of--
       (i) the direct costs attributable to such work, and
       (ii) the incremental indirect costs attributable to such 
     work.
       (C) The total amount of allocable indirect private sector 
     costs for a contract in any year of the agreement may not 
     exceed the amount of indirect costs that a contractor would 
     have allocated to its private sector work during that year in 
     accordance with the contractor's accounting practices.
       (2) The cost reimbursement rules set forth in paragraph (1) 
     may be modified if the Secretary of Defense determines that 
     modifications are appropriate to the particular situation to 
     facilite achievement of the policy set forth in section 
     2501(c) of title 10, United States Code.
       (c) Relationship to Accounting Practice Change.--The use of 
     the cost reimbursement rules described in subsection (b) 
     under such an agreement with a contractor and the 
     implementation of such an agreement does not constitute a 
     change in cost accounting practices of the contractor within 
     the meaning of section 26(h)(1)(B) of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 422(h)(1)(B)).
       (d) Contracts Covered.--An agreement entered into with a 
     contractor under subsection (a) shall apply to all Department 
     of Defense contracts with the contractor either existing on 
     the date on which the agreement was entered into or awarded 
     during the term of the agreement.
       At the end of title IX (page 345, after line 17), insert 
     the following new section:

[[Page 920]]

     SEC. 909. AVIATION TESTING CONSOLIDATION.

       (a) Limitation.--The Secretary of the Army may not 
     consolidate the Aviation Technical Test Center, Fort Rucker, 
     Alabama, with any other aviation testing facility until 60 
     days after the date on which a report containing the results 
     of the evaluation of such consolidation described in 
     subsection (b) is received by the congressional defense 
     committees.
       (b) Independent Evaluation.--The Secretary of the Army 
     shall provide for an evaluation by the Institute for Defense 
     Analyses (a Federal contract research center) of the proposal 
     of the Test and Evaluation Command of the Army to relocate 
     the Aviation Technical Test Center to Yuma Proving Ground, 
     Arizona. The evaluation of such proposal shall include 
     consideration of the following:
       (1) A review and validation of studies conducted by the 
     Army Materiel Command and the Army Test and Evaluation 
     Command of the proposed relocation.
       (2) The effect on, and cost of, maintenance and logistics 
     capability (including maintenance of a parts inventory) to 
     support the test evaluation fleet.
       (3) The availability of facilities and infrastructure 
     necessary to conduct the aviation testing mission at Yuma 
     Proving Ground.
       (4) The availability of engineers and maintenance 
     technicians to support the aviation testing mission at Yuma 
     Proving Ground.
       (5) The effect on current and planned aircraft programs.
       (6) Consistency with the efforts of the Army to become the 
     Department of Defense leader for rotary-wing aircraft.
       (7) Potential savings, including the time period over which 
     such savings could be realized.
       (8) Comparison of live-fire testing with computer-simulated 
     testing.
       (c) Time Requirement for Completion of Evaluation.--The 
     evaluation under subsection (b) shall be completed not later 
     than 120 days after the date of the enactment of this Act.
       At the end of title X (page 377, after line 19), insert the 
     following new section:

     SEC. 1033. APPLICATION OF BUY AMERICAN ACT PRINCIPLES.

       (a) Reinstatement of Principles.--(1) If the Secretary of 
     Defense, after consultation with the United States Trade 
     Representative, determines that a foreign country which is 
     party to an agreement described in paragraph (2) has violated 
     the terms of the agreement by discriminating against certain 
     types of products produced in the United States that are 
     covered by the agreement, the Secretary of Defense shall 
     rescind the Secretary's blanket waiver of the Buy American 
     Act with respect to such types of products produced in that 
     foreign country.
       (2) An agreement referred to in paragraph (1) is any 
     reciprocal defense procurement memorandum of understanding, 
     between the United States and a foreign country pursuant to 
     which the Secretary of Defense has prospectively waived the 
     Buy American Act for certain products in that country.
       (b) Report.--The Secretary of Defense shall submit to 
     Congress a report on the amount of Department of Defense 
     purchases from foreign entities in fiscal year 1996. Such 
     report shall separately indicate the dollar value of items 
     for which the Buy American Act was waived pursuant to any 
     agreement described in subsection (a)(2), the Trade Agreement 
     Act of 1979 (19 U.S.C. 2501 et seq.), or any international 
     agreement to which the United States is a party.
       (c) Definition.--For purposes of this section, the term 
     ``Buy American Act'' means title III of the Act entitled ``An 
     Act making appropriations for the Treasury and Post Office 
     Departments for the fiscal year ending June 30, 1934, and for 
     other purposes'', approved March 3, 1933 (41 U.S.C. 10a et 
     seq.).
       At the end of title XII (page 409, after line 18), add the 
     following:

     SEC. 1228. SENSE OF THE CONGRESS REGARDING THE CHEMICAL 
                   WEAPONS CONVENTION.

       (a) Findings.--The Congress finds that--
       (1) events such as the March 1995 terrorist release of a 
     chemical nerve agent in the Tokyo subway, the threatened use 
     of chemical weapons during the 1991 Persian Gulf War, and the 
     widespread use of chemical weapons during the Iran-Iraq War 
     of the 1980's are all potent reminders of the menace posed by 
     chemical weapons, of the fact that the threat of chemical 
     weapons is unappreciated and not sufficiently addressed, and 
     of the need to outlaw the development, production, and 
     possession of chemical weapons;
       (2) the Convention on the Prohibition of the Development, 
     Production, Stockpiling, and Use of Chemical Weapons and on 
     Their Destruction (here-after in this section referred to as 
     the ``Convention'') would establish a comprehensive ban on 
     chemical weapons, and its negotiation has enjoyed strong 
     bipartisan congressional support, as well as the support of 
     the last 6 administrations, both Republican and Democratic;
       (3) United States military authorities, including Chairman 
     of the Joint Chiefs of Staff General John Shalikashvili, have 
     stated that United States military forces will deter and 
     respond to chemical weapons threats with a robust chemical 
     defense and an overwhelming superior conventional response, 
     as demonstrated in the Persian Gulf War, and have testified 
     in support of the Convention's ratification;
       (4) the Congress in 1985 mandated the unilateral 
     destruction of the bulk of the chemical weapons stockpile of 
     the United States, and the Convention, which requires 
     participating states to destroy their chemical arsenals and 
     production facilities under international supervision, would 
     accelerate progress toward the disarmament of chemical 
     weapons in a majority of the states believed to harbor 
     chemical weapons capabilities, as this majority is among the 
     Convention's 159 signatories;
       (5) the United States chemical industry was an important 
     partner during the negotiation of the Convention, assisted in 
     crafting a reasonable, effective verification protocol, 
     participated in both United States and international trials 
     to test provisions of the Convention during its negotiation, 
     and testified in support of the Convention's ratification;
       (6) the United States intelligence community has testified 
     that the Convention will provide new and important sources of 
     information, through regular data exchanges and routine and 
     challenge inspections, to improve the ability of the United 
     States to assess the chemical weapons status in countries of 
     concern;
       (7) the Convention will gradually isolate and automatically 
     penalize states that refuse to join by preventing them from 
     gaining access to dual-use chemicals and creating a basis for 
     monitoring illegal diversions of those materials;
       (8) the Convention has not entered into force for lack of 
     the requisite number of ratifications;
       (9) the United States played a leading role in drafting the 
     Convention, and, as a global leader, must remain at the helm 
     of this effort to deter further proliferation of chemical 
     weapons and provide the legal framework that will minimize 
     the threat posed by chemical weapons;
       (10) Russia has signed the Convention, but has not yet 
     ratified it;
       (11) there have been reports by Russian sources of 
     continued Russian production and testing of chemical weapons, 
     including a statement by a spokesman of the Russian Ministry 
     of Defense on December 5, 1994, that ``We cannot say that all 
     chemical weapons production and testing has stopped 
     altogether.''; and
       (12) the Convention will impose a legally binding 
     obligation on Russia and other nations that possess chemical 
     weapons to cease offensive chemical weapons activities and to 
     destroy their chemical weapons stockpiles and production 
     facilities.
       (b) Sense of Congress.--It is the sense of the Congress 
     that--
       (1) the United States should signify its commitment to 
     reducing the threat posed by chemical weapons by promptly 
     joining the 28 other nations that have ratified the 
     Convention;
       (2) both Houses of Congress should further demonstrate 
     United States preparedness to adopt the Convention by acting 
     expeditiously to pass the required implementing legislation 
     as soon as the Senate gives its advice and consent to the 
     ratification of the Convention;
       (3) both Houses of Congress should continue to lend their 
     full support for the indefinite future to programs that 
     maintain, as the Convention allows and monitors, United 
     States defense preparedness against chemical weapons;
       (4) the United States must be prepared to exercise fully 
     its rights under the Convention, including the request of 
     challenge inspections when warranted, and to exercise 
     leadership in pursuing punitive measures against violators of 
     the Convention, when warranted;
       (5) the United States should strongly encourage full 
     implementation at the earliest possible date of the terms and 
     conditions of the United States-Russia bilateral chemical 
     weapons destruction agreement signed in 1990;
       (6) understanding that Western assistance would be helpful 
     to a successful Russian chemical weapons destruction program, 
     the United States should encourage Russia to ratify promptly 
     the Convention and implement a plan that will ensure full 
     compliance with the Convention, including the destruction of 
     chemical weapons stockpiles in accordance with the 
     Convention's time lines; and
       (7) the United States should seek to encourage other 
     nations to ratify promptly the Convention and to implement 
     faithfully all its terms and conditions.
       On page 532, after line 5, insert the following new 
     section:

     SEC. 3145. ACCELERATED SCHEDULE FOR ENVIRONMENTAL MANAGEMENT 
                   ACTIVITIES.

       (a) Accelerated Cleanup.--The Secretary of Energy shall 
     accelerate the schedule for environmental management 
     activities and projects for any specific Department of Energy 
     defense nuclear facility site if, in the opinion of the 
     Secretary, such an accelerated schedule will result in 
     substantial long-term cost savings to the Federal Government 
     and speed up release of land for economic development.
       (b) Site Selection.--In selecting sites for an accelerated 
     schedule under subsection (a), the Secretary shall give 
     highest priority to sites that are in close proximity to 
     populated areas, that pose significant risk, and that have 
     the greatest potential to result in privatization, 
     commercialization, and economic development of unneeded 
     facilities.
       (c) Eligibility.--For purposes of subsection (a), 
     environmental management activities and projects shall be 
     eligible for an accelerated schedule under subsection (a) if 
     the time for completion at the site of such

[[Page 921]]

     activities can be reduced by 50 percent or more below the 
     time established in the report of the Department of Energy 
     Office of Environmental Management titled ``1995 Baseline 
     Environmental Management Report'', March 1995.
       (d) Savings Provision.--Nothing in this section shall be 
     construed as affecting a specific statutory requirement for a 
     specific project or as modifying or otherwise affecting 
     applicable statutory or regulatory environmental restoration 
     requirements, including substantive standards intended to 
     protect public health and the environment.
       Page 326 (section 805), line 5, strike ``Vessel 
     components.--''
     and insert in lieu thereof ``Vessel components for all 
     branches of the armed forces.--''.
       Page 326 (section 805), strike lines 14 through 20 and 
     insert in lieu thereof the following:
       ``(B) The following components of vessels, to the extent 
     they are unique to marine applications: cable assemblies, 
     hose assemblies, hydraulics and pumps for steering, 
     gyrocompasses, marine autopilots, electric navigation chart 
     systems, navigators, attitude and heading reference units, 
     power supplies, radars, steering controls, pumps, engines, 
     turbines, reduction gears, motors, refrigeration systems, 
     generators, propulsion and machinery control systems, and 
     totally enclosed lifeboards, including associated davits and 
     winches.''.
       Page 326, line 3, insert 3, insert ``(1)'' before 
     ``Paragraph (3)''.
       Page 326, line 20, insert the following:
       (2) Section 2534 of such title is amended by adding at the 
     end the following new subsection:
       ``(h) Implementation of Marine Vessel Component 
     Limitation.--In implementing subsection (a)(3)(B), the 
     Secretary of Defense--
       ``(1) may not use contract clauses or certifications; and
       ``(2) shall use management and oversight techniques that 
     achieve the objective of the subsection without imposing a 
     significant management burden on the Government or the 
     contractor involved.''.
       At the end of subtitle C of title XXVIII (page 490, after 
     line 2), insert the following new sections:

     SEC. 2834. MODIFICATION OF EXISTING LAND CONVEYANCE, HAMILTON 
                   AIR FORCE BASE.

       (a) Authorities in Event of Partial Sale.--In the event 
     that the purchaser purchases only a portion of the Sale 
     Parcel and exercises its option to withdraw from the sale as 
     to the rest of the Sale Parcel, the portion of the Sale 
     Parcel that is not purchased (other than Landfill 26 and an 
     appropriate buffer area around it and the groundwater 
     treatment facility site), together with any of the land 
     referred to in section 9099(e) of Public Law 102-396 that is 
     not purchased by the purchaser, may be sold to the City of 
     Novato, in the State of California, for the sum of One Dollar 
     as a public benefit transfer for school, classroom or other 
     educational use, for use as a public park or recreation area 
     or for further conveyance as provided herein, subject to the 
     following restrictions: (1) if the City sells any portion of 
     such land to any third party within 10 years after the 
     transfer to the City, which sale may be made without the 
     foregoing use restrictions, any proceeds received by the City 
     in connection with such sale, minus the demonstrated 
     reasonable costs of conducting the sale and of any 
     improvements made by the City to the land following its 
     acquisition of the land (but only to the extent such 
     improvements increase the value of the portion sold), shall 
     be immediately turned over to the Army in reimbursement of 
     the withdrawal payment made by the Army to the contract 
     purchaser and the costs of cleaning up the Landfill and (2) 
     until one year following completion of the cleanup of 
     contaminated soil in the Landfill and completion of the 
     groundwater treatment facilities, the sale must be at a per-
     acre price for the portion sold that is at least equal to the 
     per-acre contract price paid by the purchaser for the portion 
     of the Sale Parcel purchased under the Agreement and 
     Modification, as amended, and thereafter must be at a price 
     at least equal to the fair market value of the portion sold. 
     The foregoing restrictions shall not apply to a transfer to 
     another public or quasi-public agency for public uses of the 
     kind described above. The deed to the City shall contain a 
     clause providing that, if any of the proceeds referred to in 
     clause (1) are not delivered to the Army within 30 days after 
     sale, or any portion of the land not sold as provided herein 
     is used for other than educational, park or recreational 
     uses, title to the applicable portion of such land shall 
     revert to the United States at the election of the 
     Administrator of the General Services Administration. The 
     Secretary of the Army shall agree to deliver into the 
     applicable closing escrow an acknowledgment of receipt of any 
     proceeds described in clause (1) above and a release of the 
     reverter right as to the affected land, effective upon such 
     receipt.
       (b) Special Conveyance Regarding Building 138 Parcel.--The 
     Secretary of the Army may convey the Building 138 parcel, 
     which has been designated by the parties as Parcel A4 to the 
     purchaser of the Sale Parcel. The per-acre price for the 
     portion sold shall be at least equal to the per-acre contract 
     price paid by the purchaser for the portion of the Sale 
     Parcel purchased under the Agreement and Modification, dated 
     September 25, 1990, as amended.

     SEC. 2835. TRANSFER OF JURISDICTION, FORT BLISS, TEXAS.

       (a) Transfer of Land for National Cemetery.--The Secretary 
     of the Army may transfer, without reimbursement, to the 
     administrative jurisdiction of the Secretary of Veterans 
     Affairs a parcel of real property (including any improvements 
     thereon) consisting of approximately 22 acres and comprising 
     a portion of Fort Bliss, Texas.
       (b) Use of Land.--The Secretary of Veterans Affairs shall 
     use the real property transferred under subsection (a) as an 
     addition to the Fort Bliss National Cemetery and administer 
     such real property pursuant to chapter 24 of title 38, United 
     States Code.
       (c) Return of Unused Land.--If the Secretary of Veterans 
     Affairs determines that any portion of the real property 
     transferred under subsection (a) is not needed for use as a 
     national cemetery, the Secretary of Veterans Affairs shall 
     return such portion to the administrative jurisdiction of the 
     Secretary of the Army.
       (d) Legal Description.--The exact acreage and legal 
     description of the real property to be transferred under this 
     section shall be determined by surveys that are satisfactory 
     to the Secretary of the Army. The cost of such surveys shall 
     be borne by the Secretary of Veterans Affairs.
       (e) Additional Terms and Conditions.--The Secretary of the 
     Army may require such additional terms and conditions in 
     connection with the transfer under this section as the 
     Secretary of the Army considers appropriate to protect the 
     interests of the United States.
       In the matter proposed to be added by section 805(c) (page 
     327, line 8), insert after ``bearings)'' the following: ``, 
     notwithstanding section 33 of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 429)''.

It was decided in the

Yeas

411

affirmative

Nays

14
```