JOURNAL OF THE

918

T80.8 JUNE 15

T80.8 RECORDED VOTE

A recorded vote by electronic device

was ordered in the Committee of the

Whole on the following amendment

submitted by Ms. DELAURO:

Page 311, strike out lines 1 through 13, relating to section 732 (expansion of existing

limitations on the use of defense funds for

the performance of abortions).

It was decided in the Yeas ....... 196 ! negative ....................... Nays ...... 230

T80.9 [Roll No. 382]

AYES—196

Abercrombie

Ackerman

Baesler

Baldacci

Barrett (WI)

Bass

Becerra

Beilenson

Bentsen

Berman

Bishop

Boehlert

Bonior

Bono

Boucher

Brewster

Brown (CA)

Brown (FL)

Brown (OH)

Bryant (TX)

Cardin

Castle

Clay

Clayton

Clement

Clyburn

Coleman

Collins (IL)

Collins (MI)

Condit

Conyers

Coyne

Cramer

Danner

DeFazio

DeLauro

Dellums

Deutsch

Dicks

Dingell

Dixon

Doggett

Dooley

Dunn

Durbin

Edwards

Ehrlich

Engel

Eshoo

Evans

Farr

Fattah

Fawell

Fazio

Fields (LA)

Filner

Foglietta

Foley

Ford

Fowler

Frank (MA)

Franks (CT)

Franks (NJ)

Frelinghuysen

Frost

Furse

Gejdenson

Gephardt

Geren

Gibbons

Gilchrest

Gilman

Gonzalez

Gordon

Green

Greenwood

Gunderson

Gutierrez

Harman

Hastings (FL)

Hefner

Hilliard

Hinchey

Horn

Houghton

Hoyer

Jackson-Lee

Jacobs

Jefferson

Johnson (CT)

Johnson (SD)

Johnson, E. B.

Johnston

Kelly

Kennedy (MA)

Kennedy (RI)

Kennelly

Klug

Kolbe

Lantos

Levin

Lewis (GA)

Lincoln

Lofgren

Longley

Lowey

Luther

Maloney

Markey

Martinez

Martini

Matsui

McCarthy

McDermott

McHale

McHugh

McInnis

McKinney

Meehan

Meek

Menendez

Meyers

Mfume

Miller (CA)

Miller (FL)

Mineta

Minge

Mink

Molinari

Moran

Morella

Nadler

Obey

Olver

Owens

Pallone

Pastor

Payne (NJ)

Payne (VA)

Pelosi

Peterson (FL)

Pickett

Pomeroy

Porter

Pryce

Ramstad

Rangel

Reed

Reynolds

Richardson

Rivers

Rose

Roukema

Roybal-Allard

Rush

Sabo

Sanders

Sawyer

Schiff

Schroeder

Schumer

Scott

Serrano

Shaw

Shays

Sisisky

Skaggs

Slaughter

Spratt

Stark

Stokes

Studds

Tanner

Thompson

Thurman

Torkildsen

Torres

Torricelli

Towns

Traficant

Velazquez

Vento

Visclosky

Ward

Waters

Watt (NC)

Waxman

White

Williams

Wilson

Wise

Woolsey

Wyden

Wynn

Zeliff

Zimmer

NOES—230

Allard

Archer

Armey

Baker (CA)

Baker (LA)

Ballenger

Barcia

Barr

Barrett (NE)

Bartlett

Barton

Bateman

Bereuter

Bevill

Bilbray

Bilirakis

Bliley

Blute

Boehner

Bonilla

Borski

Browder

Brownback

Bryant (TN)

Bunn

Bunning

Burr

Burton

Buyer

Callahan

Calvert

Camp

Canady

Chabot

Chambliss

Chenoweth

Christensen

Chrysler

Clinger

Coble

Coburn

Collins (GA)

Combest

Cooley

Costello

Cox

Crane

Crapo

Cremeans

Cubin

Cunningham

Davis

de la Garza

Deal

DeLay

Diaz-Balart

Doolittle

Dornan

Doyle

Dreier

Duncan

Ehlers

Emerson

English

Ensign

Everett

Ewing

Fields (TX)

Flanagan

Forbes

Fox

Frisa

Funderburk

Gallegly

Ganske

Gekas

Gillmor

Goodlatte

Goodling

Goss

Graham

Gutknecht

Hall (OH)

Hall (TX)

Hamilton

Hancock

Hansen

Hastert

Hastings (WA)

Hayes

Hayworth

Hefley

Heineman

Herger

Hilleary

Hobson

Hoekstra

Hoke

Holden

Hostettler

Hunter

Hutchinson

Hyde

Inglis

Istook

Johnson, Sam

Jones

Kanjorski

Kaptur

Kasich

Kildee

Kim

King

Kingston

Klink

Knollenberg

LaFalce

LaHood

Largent

Latham

LaTourette

Laughlin

Lazio

Leach

Lewis (CA)

Lewis (KY)

Lightfoot

Linder

Lipinski

Livingston

LoBiondo

Lucas

Manton

Manzullo

Mascara

McCollum

McCrery

McDade

McIntosh

McKeon

McNulty

Metcalf

Mica

Moakley

Mollohan

Montgomery

Moorhead

Murtha

Myers

Myrick

Neal

Nethercutt

Neumann

Ney

Norwood

Nussle

Oberstar

Ortiz

Orton

Oxley

Packard

Parker

Paxon

Peterson (MN)

Petri

Pombo

Portman

Poshard

Quillen

Quinn

Radanovich

Rahall

Regula

Riggs

Roberts

Roemer

Rogers

Rohrabacher

Ros-Lehtinen

Roth

Royce

Salmon

Sanford

Saxton

Scarborough

Schaefer

Seastrand

Sensenbrenner

Shadegg

Shuster

Skeen

Skelton

Smith (MI)

Smith (NJ)

Smith (TX)

Smith (WA)

Solomon

Souder

Spence

Stearns

Stenholm

Stockman

Stump

Stupak

Talent

Tate

Tauzin

Taylor (MS)

Taylor (NC)

Tejeda

Thomas

Thornberry

Tiahrt

Tucker

Upton

Volkmer

Vucanovich

Waldholtz

Walker

Walsh

Wamp

Watts (OK)

Weldon (FL)

Weldon (PA)

Weller

Whitfield

Wicker

Wolf

Young (AK)

Young (FL)

NOT VOTING—8

Andrews

Bachus

Chapman

Dickey

Flake

Kleczka

Thornton

Yates

So the amendment was not agreed to.

After some further time,

T80.10 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-
HOUSE OF REPRESENTATIVES

919

1995 T80.10

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:
JOURNAL OF THE

920

T80.10 JUNE 15

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
HOUSE OF REPRESENTATIVES

921

1995 T80.11

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 peracre 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

T80.11 [Roll No. 383]

AYES—411

Abercrombie

Ackerman

Allard

Andrews

Archer

Armey

Bachus

Baesler

Baker (CA)

Baker (LA)

Baldacci

Ballenger

Barcia

Barr

Barrett (NE)

Barrett (WI)

Bartlett

Barton

Bass

Bateman

Bentsen

Bereuter

Berman

Bevill

Bilbray

Bilirakis

Bishop

Bliley

Blute

Boehlert

Boehner

Bonilla

Bonior

Bono

Borski

Boucher

Brewster

Browder

Brown (CA)

Brown (FL)

Brown (OH)

Brownback

Bryant (TN)

Bryant (TX)

Bunn

Bunning

Burr

Burton

Buyer

Callahan

Calvert

Camp

Canady

Castle

Chabot

Chambliss

Chenoweth

Christensen

Chrysler

Clay

Clayton

Clement

Clinger

Clyburn

Coble

Coburn

Coleman

Collins (GA)

Collins (IL)

Collins (MI)

Combest

Condit

Cooley

Costello

Cox

Coyne

Cramer

Crane

Crapo

Cremeans

Cubin

Cunningham

Danner

Davis

de la Garza

Deal

DeLauro

DeLay

Dellums

Deutsch

Diaz-Balart

Dicks

Dingell

Dixon

Doggett

Dooley

Doolittle

Dornan

Doyle

Dreier

Duncan

Dunn

Durbin

Edwards

Ehlers

Ehrlich

Emerson

Engel

English

Ensign

Evans

Everett

Ewing

Farr

Fattah

Fawell

Fazio

Fields (LA)

Fields (TX)

Flanagan

Foglietta

Foley

Forbes

Ford

Fowler

Fox

Franks (CT)

Franks (NJ)

Frelinghuysen

Frisa

Frost

Funderburk

Gallegly

Ganske

Gejdenson

Gekas

Gephardt

Geren

Gibbons

Gilchrest

Gillmor

Gilman

Gonzalez

Goodlatte

Goodling

Gordon

Goss

Graham

Green

Greenwood

Gunderson

Gutierrez

Gutknecht

Hall (OH)

Hall (TX)

Hamilton

Hancock

Hansen

Harman

Hastert

Hastings (FL)

Hastings (WA)

Hayes

Hayworth

Hefley

Hefner

Heineman

Herger

Hilleary

Hilliard

Hinchey

Hobson

Hoekstra

Hoke

Holden

Horn

Hostettler

Houghton

Hoyer

Hunter

Hutchinson

Hyde

Inglis

Istook

Jackson-Lee

Jacobs

Jefferson

Johnson (CT)

Johnson (SD)

Johnson, E. B.

Johnson, Sam

Johnston

Jones

Kanjorski

Kaptur

Kasich

Kelly

Kennedy (MA)

Kennedy (RI)

Kennelly

Kildee

Kim

King

Kingston

Klink

Klug

Knollenberg

Kolbe

LaFalce

Lantos

Largent

Latham

LaTourette

Laughlin

Lazio

Leach

Levin

Lewis (CA)

Lewis (GA)

Lewis (KY)

Lightfoot

Lincoln

Linder

Lipinski

Livingston

LoBiondo

Lofgren

Longley

Lowey

Lucas

Luther

Maloney

Manton

Manzullo

Markey

Martinez

Martini

Mascara

Matsui

McCarthy

McCollum

McCrery

McDade

McDermott

McHale

McHugh

McInnis

McIntosh

McKinney

Meehan

Meek

Menendez

Metcalf

Meyers

Mfume

Mica

Miller (FL)

Mineta

Minge

Mink

Moakley

Molinari

Mollohan

Montgomery

Moorhead

Moran

Morella

Murtha

Myers

Neal

Nethercutt

Neumann

Ney

Norwood

Nussle

Oberstar

Obey

Olver

Ortiz

Orton

Owens

Oxley