The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“THE CHURCH ARSON PREVENTION ACT OF 1996” mentioning the Department of Interior was published in the Senate section on pages S7041-S7051 on June 26, 1996.
The publication is reproduced in full below:
THE CHURCH ARSON PREVENTION ACT OF 1996
______
FAIRCLOTH (AND OTHERS) AMENDMENT NO. 4341
Mr. FAIRCLOTH (for himself, Mr. Kennedy, Mr. Hatch, Mr. Biden, Mr. Kohl, Mr. Sarbanes, Mr. Nunn, Ms. Moseley-Braun, Mr. Thurmond, Mr. Exon, Mr. Bingaman, Mr. Conrad, Mr. Lautenberg, and Mr. Stevens) proposed an amendment to the bill (H.R. 3525) to amend title 18, United States Code, to clarify the Federal jurisdiction over offenses relating to damage to religious property.
Strike all after the enacting clause and insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Church Arson Prevention Act of 1996''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The incidence of arson or other destruction or vandalism of places of religious worship, and the incidence of violent interference with an individual's lawful exercise or attempted exercise of the right of religious freedom at a place of religious worship pose a serious national problem.
(2) The incidence of arson of places of religious worship has recently increased, especially in the context of places of religious worship that serve predominantly African-American congregations.
(3) Changes in Federal law are necessary to deal properly with this problem.
(4) Although local jurisdictions have attempted to respond to the challenges posed by such acts of destruction or damage to religious property, the problem is sufficiently serious, widespread, and interstate in scope to warrant Federal intervention to assist State and local jurisdictions.
(5) Congress has authority, pursuant to the Commerce Clause of the Constitution, to make acts of destruction or damage to religious property a violation of Federal law.
(6) Congress has authority, pursuant to section 2 of the 13th amendment to the Constitution, to make actions of private citizens motivated by race, color, or ethnicity that interfere with the ability of citizens to hold or use religious property without fear of attack, violations of Federal criminal law.
SEC. 3. PROHIBITION OF VIOLENT INTERFERENCE WITH RELIGIOUS
WORSHIP.
Section 247 of title 18, United States Code, is amended--
(1) in subsection (a), by striking ``subsection (c) of this section'' and inserting ``subsection (d)'';
(2) by redesignating subsections (c), (d), and (e), as subsections (d), (e), and (f), respectively;
(3) by striking subsection (b) and inserting the following:
``(b) The circumstances referred to in subsection (a) are that the offense is in or affects interstate or foreign commerce.
``(c) Whoever intentionally defaces, damages, or destroys any religious real property because of the race, color, or ethnic characteristics of any individual associated with that religious property, or attempts to do so, shall be punished as provided in subsection (d).'';
(4) in subsection (d), as redesignated--
(A) in paragraph (2)--
(i) by inserting ``to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this section,'' after
``bodily injury''; and
(ii) by striking ``ten years'' and inserting ``20 years'';
(B) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(C) by inserting after paragraph (1) the following:
``(2) if bodily injury results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this section, and the violation is by means of fire or an explosive, a fine under this title or imprisonment for not more that 40 years, or both;'';
(5) in subsection (f), as redesignated--
(A) by striking ``religious property'' and inserting
``religious real property'' both places it appears; and
(B) by inserting ``, including fixtures or religious objects contained within a place of religious worship'' before the period; and
(6) by adding at the end the following new subsection:
``(g) No person shall be prosecuted, tried, or punished for any noncapital offense under this section unless the indictment is found or the information is instituted not later than 7 years after the date on which the offense was committed.''.
SEC. 4. LOAN GUARANTEE RECOVERY FUND.
(a) In General.--
(1) In general.--Using amounts described in paragraph (2), the Secretary of Housing and Urban Development (referred to as the ``Secretary'') shall make guaranteed loans to financial institutions in connection with loans made by such institutions to assist organizations described in section 501(c)(3) of the Internal Revenue Code of 1986 that have been damaged as a result of acts of arson or terrorism in accordance with such procedures as the Secretary shall establish by regulation.
(2) Use of credit subsidy.--Notwithstanding any other provision of law, for the cost of loan guarantees under this section, the Secretary may use not more than $5,000,000 of the amounts made available for fiscal year 1996 for the credit subsidy provided under the General Insurance Fund and the Special Risk Insurance Fund.
(b) Treatment of Costs.--The costs of guaranteed loans under this section, including the cost of modifying loans, shall be as defined in section 502 of the Congressional Budget Act of 1974.
(c) Limit on Loan Principal.--Funds made available under this section shall be available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed $10,000,000.
(d) Terms and Conditions.--The Secretary shall--
(1) establish such terms and conditions as the Secretary considers to be appropriate to provide loan guarantees under this section, consistent with section 503 of the Credit Reform Act; and
(2) include in the terms and conditions a requirement that the decision to provide a loan guarantee to a financial institution and the amount of the guarantee does not in any way depend on the purpose, function, or identity of the organization to which the financial institution has made, or intends to make, a loan.
SEC. 5. COMPENSATION OF VICTIMS; REQUIREMENT OF INCLUSION IN
LIST OF CRIMES ELIGIBLE FOR COMPENSATION.
Section 1403(d)(3) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(d)(3)) is amended by inserting ``crimes, whose victims suffer death or personal injury, that are described in section 247 of title 18, United States Code,'' after
``includes''.
SEC. 6. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST
STATE AND LOCAL LAW ENFORCEMENT.
There are authorized to be appropriated to the Department of the Treasury and the Department of Justice, including the Community Relations Service, in fiscal years 1996 and 1997 such sums as are necessary to increase the number of personnel, investigators, and technical support personnel to investigate, prevent, and respond to potential violations of sections 247 and 844 of title 18, United States Code.
SEC. 7. REAUTHORIZATION OF HATE CRIMES STATISTICS ACT.
The first section of the Hate Crimes Statistics Act (28 U.S.C. 534 note) is amended--
(1) in subsection (b), by striking ``for the calendar year 1990 and each of the succeeding 4 calendar years'' and inserting ``for each calendar year''; and
(2) in subsection (c), by striking ``1994'' and inserting
``2002''.
SEC. 8. SENSE OF THE CONGRESS.
The Congress--
(1) commends those individuals and entities that have responded with funds to assist in the rebuilding of places of worship that have been victimized by arson; and
(2) encourages the private sector to continue these efforts so that places of worship that are victimized by arson, and their affected communities, can continue the rebuilding process with maximum financial support from private individuals, businesses, charitable organizations, and other non-profit entities.
THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1997
______
FORD (AND BROWN) AMENDMENT NO. 4342
(Ordered to lie on the table.)
Mr. FORD (for himself and Mr. Brown) submitted an amendment intended to be proposed by them to the bill, S. 1745, supra; as follows:
At the end of subtitle B of title I, add the following:
SEC. 113. DEMILITARIZATION OF ASSEMBLED CHEMICAL MUNITIONS.
(a) Pilot Program.--The Secretary of Defense shall conduct a pilot program to identify and demonstrate feasible alternatives to incineration for the demilitarization of assembled chemical munitions.
(b) Program Requirements.--(1) the Secretary of Defense shall designate an executive agent to carry out the pilot program required to be conducted under subsection (a).
(2) The executive agent shall--
(A) be an officer or executive of the United States Government;
(B) be accountable to the Secretary of Defense; and
(C) not be, or have been, in direct or immediate control of the chemical weapon stockpile demilitarization program established by 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521) or the alternative disposal process program carried out under sections 174 and 175 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 50 U.S.C. 1521 note).
(3) The executive agent may--
(A) carry out the pilot program directly;
(B) enter into a contract with a private entity to carry out the pilot program; or
(C) transfer funds to another department or agency of the Federal Government in order to provide for such department or agency to carry out the pilot program.
(4) A department or agency that carries out the pilot program under paragraph (3)(C) may not, for purposes of the pilot program, contract with or competitively select the organization within the Army that exercises direct or immediate management control over either program referred to in paragraph (2)(C).
(5) The pilot program shall terminate not later than September 30, 2000.
(c) Annual Report.--Not later than December 15 of each year in which the Secretary carries out the pilot program, the Secretary shall submit to Congress a report on the activities under the pilot program during the preceding fiscal year.
(d) Evaluation and Report.--Not later than December 31, 2000, the Secretary of Defense shall--
(1) evaluate each demilitarization alternative identified and demonstrated under the pilot program to determine whether that alternative--
(A) is as safe and cost efficient as incineration for disposing of assembled chemical munitions; and
(B) meets the requirements of section 1412 of the Department of Defense Authorization Act, 1986; and
(2) submit to Congress a report containing the evaluation.
(e) Limitation on Long Lead Contracting.--(1) Notwithstanding any other provision of law and except as provided in paragraph (2), the Secretary may not enter into any contract for the purchase of long lead materials considered to be baseline incineration specific materials for the construction of an incinerator at any site in Kentucky or Colorado until the executive agent designated for the pilot program submits an application for such permits as are necessary under the law of the State of Kentucky or the law of the State of Colorado, as the case may be, for the construction at that site of a plant for demilitarization of assembled chemical munitions by means of an alternative to incineration.
(2) The Secretary may enter into a contract described in paragraph (1) beginning 60 days after the date on which the Secretary submits to Congress--
(A) the report required by subsection (d)(2); and
(B) the certification of the executive agent that--
(i) there exists no alternative technology as safe and cost efficient as incineration for demilitarizing chemical munitions at non-bulk sites; and
(ii) no alternative technology can meet the requirements of section 1412 of the Department of Defense Authorization Act, 1986.
(f) Assembled Chemical Munition Defined.--For the purpose of this section, the term ``assembled chemical munition'' means an entire chemical munition, including component parts, chemical agent, propellant, and explosive.
(g) Funding.--(1) Of the amount authorized to be appropriated under section 107, $60,000,000 shall be available for the pilot program under this section. Such funds may not be derived from funds to be made available under the chemical demilitarization program for the alternative technologies research and development program at bulk sites.
(2) Funds made available for the pilot program pursuant to paragraph (1) shall be made available to the executive agent for use for the pilot program.
(3) No funds authorized to be appropriated by section 107
(other than the funds referred to in paragraph (1)) that remain available for obligation on January 1, 1997, may be obligated after that date unless--
(A) the funds referred to in that paragraph have been transferred to the executive agent for use for the pilot program; and
(B) the pilot program has commenced.
______
COHEN AMENDMENT NO. 4343
(Ordered to lie on the table.)
Mr. COHEN submitted an amendment intended to be proposed by him to the bill, S. 1745, supra; as follows:
At the end of title XXXIII, add the following:
SEC. 3303. ADDITIONAL AUTHORITY TO DISPOSE OF MATERIALS IN
NATIONAL DEFENSE STOCKPILE.
(a) Disposal Required.--Subject to subsection (c), the President shall dispose of materials contained in the National Defense Stockpile and specified in the table in subsection (b) so as to result in receipts to the United States in amounts equal to--
(1) $110,000,000 during the five-fiscal year period ending September 30, 2001;
(2) $260,000,000 during the seven-fiscal year period ending September 30, 2003; and
(3) $440,000,000 during the nine-fiscal year period ending September 30, 2005.
(b) Limitation on Disposal Quantity.--The total quantities of materials authorized for disposal by the President under subsection (a) may not exceed the amounts set forth in the following table:
Authorized Stockpile Disposals
------------------------------------------------------------------------
Material for disposal Quantity
------------------------------------------------------------------------
Chrome Metal, Electrolytic................ 8,471 short tons. Cobalt.................................... 9,902,774 pounds. Columbium Carbide......................... 21,372 pounds. Columbium Ferro........................... 249,395 pounds. Diamond, Bort............................. 91,542 carats. Diamond, Stone............................ 3,029,413 carats. Germanium................................. 28,207 kilograms. Indium.................................... 15,205 troy ounces. Palladium................................. 1,249,601 troy ounces. Platinum.................................. 442,641 troy ounces. Rubber.................................... 567 long tons. Tantalum, Carbide Powder.................. 22,688 pounds contained. Tantalum, Minerals........................ 1,748,947 pounds contained. Tantalum, Oxide........................... 123,691 pounds contained. Titanium Sponge........................... 36,830 short tons. Tungsten.................................. 76,358,235 pounds. Tungsten, Carbide......................... 2,032,942 pounds. Tungsten, Metal Powder.................... 1,181,921 pounds. Tungsten, Ferro........................... 2,024,143 pounds.
------------------------------------------------------------------------
(c) Minimization of Disruption and Loss.--The President may not dispose of materials under subsection (a) to the extent that the disposal will result in--
(1) undue disruption of the usual markets of producers, processors, and consumers of the materials proposed for disposal; or
(2) avoidable loss to the United States.
(d) Treatment of Receipts.--(1) Notwithstanding section 9 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h), funds received as a result of the disposal of materials under subsection (a) shall be deposited into the general fund of the Treasury and used to offset the revenues lost as a result of the amendments made by subsection (a) of section 4303 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 658).
(2) This section shall be treated as qualifying offsetting legislation for purposes of subsection (b) of such section 4303.
(e) Relationship to Other Disposal Authority.--The disposal authority provided in subsection (a) is new disposal authority and is in addition to, and shall not affect, any other disposal authority provided by law regarding the materials specified in such subsection.
(f) Definition.--The term ``National Defense Stockpile'' means the National Defense Stockpile provided for in section 4 of the Strategic and Critical Materials Stock Piling Act
(50 U.S.C. 98c).
______
LOTT AMENDMENT NO. 4344
(Ordered to lie on the table.)
Mr. LOTT submitted an amendment intended to be proposed by him to the bill, S. 1745, supra; as follows:
At the appropriate place, insert the following:
SEC. . OCEANOGRAPHIC SHIP OPERATIONS AND DATA ANALYSIS.
(a) Of the funds provided by Section 301(2), an additional
$6,200,000 may be authorized for the reduction, storage, modeling and conversion of oceanographic data for use by the navy, consistent with Navy's requirements.
(b) Such funds identified in (a) shall be in addition to such amounts already provided for this purpose in the budget request.
______
EXON (AND OTHERS) AMENDMENT NO. 4345
Mr. EXON (for himself, Mr. Kohl, Mr. Bingaman, Mr. Levin, Mr. Dorgan, Mr. Wellstone, Mr. Feingold, and Mr. Harkin) proposed an amendment to the bill, S. 1745, supra; as follows:
After section 3, insert the following:
SEC. 4. GENERAL LIMITATION.
Notwithstanding any other provision of this Act, the total amount authorized to be appropriated for fiscal year 1997 under the provisions to this Act is $263,362,000,000.
______
THURMOND (AND NUNN) AMENDMENT NO. 4346
Mr. THURMOND (for himself and Mr. Nunn) proposed an amendment to the bill, S. 1745, supra; as follows:
After section 3, add the following:
SEC. 4. GENERAL LIMITATION.
Notwithstanding any other provision of this Act, the total amount authorized to be appropriated for fiscal year 1997 for the national defense function under the provisions of this Act is $265,583,000,000.
______
WELLSTONE (AND OTHERS) AMENDMENT NO. 4347
Mr. WELLSTONE (for himself, Mr. Bumpers, Mrs. Boxer, Mr. Feingold, Mr. Wyden, and Mr. Pell) proposed an amendment to the bill, S. 1745, supra; as follows:
At the end of subtitle A of title X add the following:
SEC. . TRANSFERS FOR EDUCATION AND EMPLOYMENT ASSISTANCE
PROGRAMS.
(a) Education Programs.--Of the total amount authorized to be appropriated for the Department of Defense for fiscal year 1997 pursuant to the authorizations of appropriations contained in this Act, the Secretary of Defense is authorized to transfer to the Secretary of Education--
(1) $577,000,000, to carry out subpart 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a), relating to Federal Pell Grants;
(2) $158,000,000, to carry out part E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087aa et seq.), relating to Federal Perkins Loans; and
(3) $71,000,000, to carry out part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.), relating to Federal Direct Stafford/Ford Loans.
(b) Employment Assistance Programs.--Of the total amount authorized to be appropriated for the Department of Defense for fiscal year 1997 pursuant to the authorizations of appropriations contained in this Act, the Secretary of Defense is authorized to transfer to the Secretary of Labor--
(1) $193,000,000, to provide employment and training assistance to dislocated workers under title III of the Job Training Partnership Act (29 U.S.C. 1651 et seq.);
(2) $246,000,000, to carry out summer youth employment and training programs under part B of title II of the Job Training Partnership Act (29 U.S.C. 1630 et seq.);
(3) $25,000,000, to carry out School-to-Work Opportunities programs under the School-to-Work Opportunities Act of 1994
(20 U.S.C. 2101 et seq.); and
(4) $40,000,000, to carry out activities, including activities provided through one-stop centers, under the Wagner-Peyser Act (29 U.S.C. 49 et seq.).
______
GLENN AMENDMENT NO. 4348
(Ordered to lie on the table.)
Mr. GLENN submitted an amendment intended to be proposed by him to the bill, S. 1745, supra; as follows:
In section 1022(a), strike out ``. Such transfers'' and insert in lieu thereof ``, if the Secretary determines that the tugboats are not needed for transfer, donation, or other disposal under title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.). A transfer made under the preceding sentence''.
______
NUNN (AND OTHERS) AMENDMENT NO. 4349
Mr. NUNN (for himself, Mr. Lugar, Mr. Domenici, Mr. Daschle, Mr. Biden, Mr. Graham, Mr. Lieberman, and Mr. Specter) proposed an amendment to the bill, S. 1745, supra; as follows:
At the end of division A, add the following new title:
TITLE XIII--DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION
SEC. 1301. SHORT TITLE.
This title may be cited as the ``Defense Against Weapons of Mass Destruction Act of 1996''.
SEC. 1302. FINDINGS.
Congress makes the following findings:
(1) Weapons of mass destruction and related materials and technologies are increasingly available from worldwide sources. Technical information relating to such weapons is readily available on the Internet, and raw materials for chemical, biological, and radiological weapons are widely available for legitimate commercial purposes.
(2) The former Soviet Union produced and maintained a vast array of nuclear, biological, and chemical weapons of mass destruction.
(3) Many of the states of the former Soviet Union retain the facilities, materials, and technologies capable of producing additional quantities of weapons of mass destruction.
(4) The disintegration of the former Soviet Union was accompanied by disruptions of command and control systems, deficiencies in accountability for weapons, weapons-related materials and technologies, economic hardships, and significant gaps in border control among the states of the former Soviet Union. The problems of organized crime and corruption in the states of the former Soviet Union increase the potential for proliferation of nuclear, radiological, biological, and chemical weapons and related materials.
(5) The conditions described in paragraph (4) have substantially increased the ability of potentially hostile nations, terrorist groups, and individuals to acquire weapons of mass destruction and related materials and technologies from within the states of the former Soviet Union and from unemployed scientists who worked on those programs.
(6) As a result of such conditions, the capability of potentially hostile nations and terrorist groups to acquire nuclear, radiological, biological, and chemical weapons is greater than any time in history.
(7) The President has identified North Korea, Iraq, Iran, and Libya as hostile states which already possess some weapons of mass destruction and are developing others.
(8) The acquisition or the development and use of weapons of mass destruction is well within the capability of many extremist and terrorist movements, acting independently or as proxies for foreign states.
(9) Foreign states can transfer weapons to or otherwise aid extremist and terrorist movements indirectly and with plausible deniability.
(10) Terrorist groups have already conducted chemical attacks against civilian targets in the United States and Japan, and a radiological attack in Russia.
(11) The potential for the national security of the United States to be threatened by nuclear, radiological, chemical, or biological terrorism must be taken as seriously as the risk of an attack by long-range ballistic missiles carrying nuclear weapons.
(12) There is a significant and growing threat of attack by weapons of mass destruction on targets that are not military targets in the usual sense of the term.
(13) Concomitantly, the threat posed to the citizens of the United States by nuclear, radiological, biological, and chemical weapons delivered by unconventional means is significant and growing.
(14) Mass terror may result from terrorist incidents involving nuclear, radiological, biological, or chemical materials, even if such materials are not configured as military weapons.
(15) Facilities required for production of radiological, biological, and chemical weapons are much smaller and harder to detect than nuclear weapons facilities, and biological, and chemical weapons can be deployed by alternative delivery means that are much harder to detect than long-range ballistic missiles.
(16) Such delivery systems have no assignment of responsibility, unlike ballistic missiles, for which a launch location would be unambiguously known.
(17) Covert or unconventional means of delivery of nuclear, radiological, biological, and chemical weapons, which might be preferable to foreign states and nonstate organizations, include cargo ships, passenger aircraft, commercial and private vehicles and vessels, and commercial cargo shipments routed through multiple destinations.
(18) Traditional arms control efforts assume large state efforts with detectable manufacturing programs and weapons production programs, but are ineffective in monitoring and controlling smaller, though potentially more dangerous, unconventional proliferation efforts.
(19) Conventional counterproliferation efforts would do little to detect or prevent the rapid development of a capability to suddenly manufacture several hundred chemical or biological weapons with nothing but commercial supplies and equipment.
(20) The United States lacks adequate planning and countermeasures to address the threat of nuclear, radiological, biological, and chemical terrorism.
(21) The Department of Energy has established a Nuclear Emergency Response Team which is available in case of nuclear or radiological emergencies, but no comparable units exist to deal with emergencies involving biological, or chemical weapons or related materials.
(22) State and local emergency response personnel are not adequately prepared or trained for incidents involving nuclear, radiological, biological, or chemical materials.
(23) Exercises of the Federal, State, and local response to nuclear, radiological, biological, or chemical terrorism have revealed serious deficiencies in preparedness and severe problems of coordination.
(24) The development of, and allocation of responsibilities for, effective countermeasures to nuclear, radiological, biological, or chemical terrorism in the United States requires well-coordinated participation of many Federal agencies, and careful planning by the Federal Government and State and local governments.
(25) Training and exercises can significantly improve the preparedness of State and local emergency response personnel for emergencies involving nuclear, radiological, biological, or chemical weapons or related materials.
(26) Sharing of the expertise and capabilities of the Department of Defense, which traditionally has provided assistance to Federal, State, and local officials in neutralizing, dismantling, and disposing of explosive ordnance, as well as radiological, biological, and chemical materials, can be a vital contribution to the development and deployment of countermeasures against nuclear, biological, and chemical weapons of mass destruction.
(27) The United States lacks effective policy coordination regarding the threat posed by the proliferation of weapons of mass destruction. SEC. 1303. DEFINITIONS.
In this title:
(1) The term ``weapon of mass destruction'' means any weapon or device that is intended, or has the capability, to cause death or serious bodily injury to a significant number of people through the release, dissemination, or impact of--
(A) toxic or poisonous chemicals or their precursors;
(B) a disease organism; or
(C) radiation or radioactivity.
(2) The term ``independent states of the former Soviet Union'' has the meaning given the term in section 3 of the FREEDOM Support Act (22 U.S.C. 5801).
(3) The term ``highly enriched uranium'' means uranium enriched to 20 percent or more in the isotope U-235.
Subtitle A--Domestic Preparedness
SEC. 1311. EMERGENCY RESPONSE ASSISTANCE PROGRAM.
(a) Program Required.--(1) The Secretary of Defense shall carry out a program to provide civilian personnel of Federal, State, and local agencies with training and expert advice regarding emergency responses to a use or threatened use of a weapon of mass destruction or related materials.
(2) The President may designate the head of an agency other than the Department of Defense to assume the responsibility for carrying out the program on or after October 1, 1999, and relieve the Secretary of Defense of that responsibility upon the assumption of the responsibility by the designated official.
(3) Hereafter in this section, the official responsible for carrying out the program is referred to as the ``lead official''.
(b) Coordination.--In carrying out the program, the lead official shall coordinate with each of the following officials who is not serving as the lead official:
(1) The Director of the Federal Emergency Management Agency.
(2) The Secretary of Energy.
(3) The Secretary of Defense.
(4) The heads of any other Federal, State, and local government agencies that have an expertise or responsibilities relevant to emergency responses described in subsection (a)(1).
(c) Eligible Participants.--The civilian personnel eligible to receive assistance under the program are civilian personnel of Federal, State, and local agencies who have emergency preparedness responsibilities.
(d) Involvement of Other Federal Agencies.--(1) The lead official may use personnel and capabilities of Federal agencies outside the agency of the lead official to provide training and expert advice under the program.
(2)(A) Personnel used under paragraph (1) shall be personnel who have special skills relevant to the particular assistance that the personnel are to provide.
(B) Capabilities used under paragraph (1) shall be capabilities that are especially relevant to the particular assistance for which the capabilities are used.
(e) Available Assistance.--Assistance available under this program shall include the following:
(1) Training in the use, operation, and maintenance of equipment for--
(A) detecting a chemical or biological agent or nuclear radiation;
(B) monitoring the presence of such an agent or radiation;
(C) protecting emergency personnel and the public; and
(D) decontamination.
(2) Establishment of a designated telephonic link (commonly referred to as a ``hot line'') to a designated source of relevant data and expert advice for the use of State or local officials responding to emergencies involving a weapon of mass destruction or related materials.
(3) Use of the National Guard and other reserve components for purposes authorized under this section that are specified by the lead official (with the concurrence of the Secretary of Defense if the Secretary is not the lead official).
(4) Loan of appropriate equipment.
(f) Limitations on Department of Defense Assistance to Law Enforcement Agencies.--Assistance provided by the Department of Defense to law enforcement agencies under this section shall be provided under the authority of, and subject to the restrictions provided in, chapter 18 of title 10, United States Code.
(g) Administration of Department of Defense Assistance.--The Secretary of Defense shall designate an official within the Department of Defense to serve as the executive agent of the Secretary for the coordination of the provision of Department of Defense assistance under this section.
(h) Funding.--(1) Of the total amount authorized to be appropriated under section 301, $35,000,000 is available for the program required under this section.
(2) Of the amount available for the program pursuant to paragraph (1), $10,500,000 is available for use by the Secretary of Defense to assist the Surgeon General of the United States in the establishment of metropolitan emergency medical response teams (commonly referred to as
``Metropolitan Medical Strike Force Teams'') to provide medical services that are necessary or potentially necessary by reason of a use or threatened use of a weapon of mass destruction.
(3) The amount available for the program under paragraph
(1) is in addition to any other amounts authorized to be appropriated for the program under section 301.
SEC. 1312. NUCLEAR, CHEMICAL, AND BIOLOGICAL EMERGENCY
RESPONSE.
(a) Department of Defense.--The Secretary of Defense shall designate an official within the Department of Defense as the executive agent for--
(1) the coordination of Department of Defense assistance to Federal, State, and local officials in responding to threats involving biological or chemical weapons or related materials or technologies, including assistance in identifying, neutralizing, dismantling, and disposing of biological and chemical weapons and related materials and technologies; and
(2) the coordination of Department of Defense assistance to the Department of Energy in carrying out that department's responsibilities under subsection (b).
(b) Department of Energy.--The Secretary of Energy shall designate an official within the Department of Energy as the executive agent for--
(1) the coordination of Department of Energy assistance to Federal, State, and local officials in responding to threats involving nuclear weapons or related materials or technologies, including assistance in identifying, neutralizing, dismantling, and disposing of nuclear weapons and related materials and technologies; and
(2) the coordination of Department of Energy assistance to the Department of Defense in carrying out that department's responsibilities under subsection (a).
(c) Funding.--(1)(A) Of the total amount authorized to be appropriated under section 301, $15,000,000 is available for providing assistance described in subsection (a).
(B) The amount available under subparagraph (A) for providing assistance described in subsection (a) is in addition to any other amounts authorized to be appropriated under section 301 for that purpose.
(2)(A) Of the total amount authorized to be appropriated under title XXXI, $15,000,000 is available for providing assistance described in subsection (b).
(B) The amount available under subparagraph (A) for providing assistance is in addition to any other amounts authorized to be appropriated under title XXXI for that purpose.
SEC. 1313. MILITARY ASSISTANCE TO CIVILIAN LAW ENFORCEMENT
OFFICIALS IN EMERGENCY SITUATIONS INVOLVING
BIOLOGICAL OR CHEMICAL WEAPONS.
(a) Assistance Authorized.--(1) The chapter 18 of title 10, United States Code, is amended by adding at the end the following:
``Sec. 382. Emergency situations involving chemical or biological weapons of mass destruction
``(a) In General.--The Secretary of Defense, upon the request of the Attorney General, may provide assistance in support of Department of Justice activities relating to the enforcement of section 175 or 2332c of title 18 during an emergency situation involving a biological or chemical weapon of mass destruction. Department of Defense resources, including personnel of the Department of Defense, may be used to provide such assistance if--
``(1) the Secretary of Defense and the Attorney General jointly determine that an emergency situation exists; and
``(2) the Secretary of Defense determines that the provision of such assistance will not adversely affect the military preparedness of the United States.
``(b) Emergency Situations Covered.--As used in this section, the term `emergency situation involving a biological or chemical weapon of mass destruction' means a circumstance involving a biological or chemical weapon of mass destruction--
``(1) that poses a serious threat to the interests of the United States; and
``(2) in which--
``(A) civilian expertise and capabilities are not readily available to provide the required assistance to counter the threat immediately posed by the weapon involved;
``(B) special capabilities and expertise of the Department of Defense are necessary and critical to counter the threat posed by the weapon involved; and
``(C) enforcement of section 175 or 2332c of title 18 would be seriously impaired if the Department of Defense assistance were not provided.
``(c) Forms of Assistance.--The assistance referred to in subsection (a) includes the operation of equipment (including equipment made available under section 372 of this title) to monitor, contain, disable, or dispose of the weapon involved or elements of the weapon.
``(d) Regulations.--(1) The Secretary of Defense and the Attorney General shall jointly issue regulations concerning the types of assistance that may be provided under this section. Such regulations shall also describe the actions that Department of Defense personnel may take in circumstances incident to the provision of assistance under this section.
``(2)(A) Except as provided in subparagraph (B), the regulations may not authorize the following actions:
``(i) Arrest.
``(ii) Any direct participation in conducting a search for or seizure of evidence related to a violation of section 175 or 2332c of title 18.
``(iii) Any direct participation in the collection of intelligence for law enforcement purposes.
``(B) The regulations may authorize an action described in subparagraph (A) to be taken under the following conditions:
``(i) The action is considered necessary for the immediate protection of human life, and civilian law enforcement officials are not capable of taking the action.
``(ii) The action is otherwise authorized under subsection
(c) or under otherwise applicable law.
``(e) Reimbursements.--The Secretary of Defense shall require reimbursement as a condition for providing assistance under this section to the extent required under section 377 of this title.
``(f) Delegations of Authority.--(1) Except to the extent otherwise provided by the Secretary of Defense, the Deputy Secretary of Defense may exercise the authority of the Secretary of Defense under this section. The Secretary of Defense may delegate the Secretary's authority under this section only to an Under Secretary of Defense or an Assistant Secretary of Defense and only if the Under Secretary or Assistant Secretary to whom delegated has been designated by the Secretary to act for, and to exercise the general powers of, the Secretary.
``(2) Except to the extent otherwise provided by the Attorney General, the Deputy Attorney General may exercise the authority of the Attorney General under this section. The Attorney General may delegate that authority only to the Associate Attorney General or an Assistant Attorney General and only if the Associate Attorney General or Assistant Attorney General to whom delegated has been designated by the Attorney General to act for, and to exercise the general powers of, the Attorney General.
``(g) Relationship to Other Authority.--Nothing in this section shall be construed to restrict any executive branch authority regarding use of members of the armed forces or equipment of the Department of Defense that was in effect before the date of the enactment of the National Defense Authorization Act for Fiscal Year 1997.''.
(2) The table of sections at the beginning of such chapter is amended by adding at the end the following:
``382. Emergency situations involving chemical or biological weapons of mass destruction.''.
(b) Conforming Amendment to Condition for Providing Equipment and Facilities.--Section 372(b)(1) of title 10, United States Code, is amended by adding at the end the following: ``The requirement for a determination that an item is not reasonably available from another source does not apply to assistance provided under section 382 of this title pursuant to a request of the Attorney General for the assistance.''.
(c) Conforming Amendments Relating to Authority To Request Assistance.--(1)(A) Chapter 10 of title 18, United States Code, is amended by inserting after section 175 the following:
``Sec. 175a. Requests for military assistance to enforce prohibition in certain emergencies
``The Attorney General may request the Secretary of Defense to provide assistance under section 382 of title 10 in support of Department of Justice activities relating to the enforcement of section 175 of this title in an emergency situation involving a biological weapon of mass destruction. The authority to make such a request may be exercised by another official of the Department of Justice in accordance with section 382(f)(2) of title 10.''.
(B) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 175 the following:
``175a. Requests for military assistance to enforce prohibition in certain emergencies.''.
(2)(A) The chapter 133B of title 18, United States Code, that relates to terrorism is amended by inserting after section 2332c the following:
``Sec. 2332d. Requests for military assistance to enforce prohibition in certain emergencies
``The Attorney General may request the Secretary of Defense to provide assistance under section 382 of title 10 in support of Department of Justice activities relating to the enforcement of section 2332c of this title during an emergency situation involving a chemical weapon of mass destruction. The authority to make such a request may be exercised by another official of the Department of Justice in accordance with section 382(f)(2) of title 10.''.
(B) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2332c the following:
``2332d. Requests for military assistance to enforce prohibition in certain emergencies.''.
(d) Civilian Expertise.--The President shall take reasonable measures to reduce the reliance of civilian law enforcement officials on Department of Defense resources to counter the threat posed by the use or potential use of biological and chemical weapons of mass destruction within the United States. The measures shall include--
(1) actions to increase civilian law enforcement expertise to counter such a threat; and
(2) actions to improve coordination between civilian law enforcement officials and other civilian sources of expertise, within and outside the Federal Government, to counter such a threat.
(e) Reports.--The President shall submit to Congress the following reports:
(1) Not later than 90 days after the date of the enactment of this Act, a report describing the respective policy functions and operational roles of Federal agencies in countering the threat posed by the use or potential use of biological and chemical weapons of mass destruction within the United States.
(2) Not later than one year after such date, a report describing--
(A) the actions planned to be taken to carry out subsection
(d); and
(B) the costs of such actions.
(3) Not later than three years after such date, a report updating the information provided in the reports submitted pursuant to paragraphs (1) and (2), including the measures taken pursuant to subsection (d).
SEC. 1314. TESTING OF PREPAREDNESS FOR EMERGENCIES INVOLVING
NUCLEAR, RADIOLOGICAL, CHEMICAL, AND BIOLOGICAL
WEAPONS.
(a) Emergencies Involving Chemical or Biological Weapons.--
(1) The Secretary of Defense shall develop and carry out a program for testing and improving the responses of Federal, State, and local agencies to emergencies involving biological weapons and related materials and emergencies involving chemical weapons and related materials.
(2) The program shall include exercises to be carried out during each of five successive fiscal years beginning with fiscal year 1997.
(3) In developing and carrying out the program, the Secretary shall coordinate with the Director of the Federal Bureau of Investigation, the Director of the Federal Emergency Management Agency, the Secretary of Energy, and the heads of any other Federal, State, and local government agencies that have an expertise or responsibilities relevant to emergencies described in paragraph (1).
(b) Emergencies Involving Nuclear and Radiological Weapons.--(1) The Secretary of Energy shall develop and carry out a program for testing and improving the responses of Federal, State, and local agencies to emergencies involving nuclear and radiological weapons and related materials.
(2) The program shall include exercises to be carried out during each of five successive fiscal years beginning with fiscal year 1997.
(3) In developing and carrying out the program, the Secretary shall coordinate with the Director of the Federal Bureau of Investigation, the Director of the Federal Emergency Management Agency, the Secretary of Defense, and the heads of any other Federal, State, and local government agencies that have an expertise or responsibilities relevant to emergencies described in paragraph (1).
(c) Annual Revisions of Programs.--The official responsible for carrying out a program developed under subsection (a) or
(b) shall revise the program not later than June 1 in each fiscal year covered by the program. The revisions shall include adjustments that the official determines necessary or appropriate on the basis of the lessons learned from the exercise or exercises carried out under the program in the fiscal year, including lessons learned regarding coordination problems and equipment deficiencies.
(d) Option To Transfer Responsibility.--(1) The President may designate the head of an agency outside the Department of Defense to assume the responsibility for carrying out the program developed under subsection (a) beginning on or after October 1, 1999, and relieve the Secretary of Defense of that responsibility upon the assumption of the responsibility by the designated official.
(2) The President may designate the head of an agency outside the Department of Energy to assume the responsibility for carrying out the program developed under subsection (b) beginning on or after October 1, 1999, and relieve the Secretary of Energy of that responsibility upon the assumption of the responsibility by the designated official.
(e) Funding.--(1) Of the total amount authorized to be appropriated under section 301, $15,000,000 is available for the development and execution of the programs required by this section, including the participation of State and local agencies in exercises carried out under the programs.
(2) The amount available under paragraph (1) for the development and execution of programs referred to in that paragraph is in addition to any other amounts authorized to be appropriated under section 301 for such purposes.
Subtitle B--Interdiction of Weapons of Mass Destruction and Related
Materials
SEC. 1321. UNITED STATES BORDER SECURITY.
(a) Procurement of Detection Equipment.--(1) Of the amount authorized to be appropriated by section 301, $15,000,000 is available for the procurement of--
(A) equipment capable of detecting the movement of weapons of mass destruction and related materials into the United States;
(B) equipment capable of interdicting the movement of weapons of mass destruction and related materials into the United States; and
(C) materials and technologies related to use of equipment described in subparagraph (A) or (B).
(2) The amount available under paragraph (1) for the procurement of items referred to in that paragraph is in addition to any other amounts authorized to be appropriated under section 301 for such purpose.
(b) Availability of Equipment to Commissioner of Customs.--To the extent authorized under chapter 18 of title 10, United States Code, the Secretary of Defense may make equipment of the Department of Defense described in subsection (a), and related materials and technologies, available to the Commissioner of Customs for use in detecting and interdicting the movement of weapons of mass destruction into the United States.
SEC. 1322. NONPROLIFERATION AND COUNTER-
PROLIFERATION RESEARCH AND DEVELOPMENT.
(a) Activities Authorized.--The Secretary of Defense and the Secretary of Energy are each authorized to carry out research on and development of technical means for detecting the presence, transportation, production, and use of weapons of mass destruction and technologies and materials that are precursors of weapons of mass destruction.
(b) Funding.--(1)(A) There is authorized to be appropriated for the Department of Defense for fiscal year 1997,
$10,000,000 for research and development carried out by the Secretary of Defense pursuant to subsection (a).
(B) The amount authorized to be appropriated for research and development under subparagraph (A) is in addition any other amounts that are authorized to be appropriated under this Act for such research and development, including funds authorized to be appropriated for research and development relating to nonproliferation of weapons of mass destruction.
(2)(A) Of the total amount authorized to be appropriated under title XXXI, $19,000,000 is available for research and development carried out by the Secretary of Energy pursuant to subsection (a).
(B) The amount available under subparagraph (B) is in addition to any other amount authorized to be appropriated under title XXXI for such research and development.
SEC. 1323. INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT.
Section 203 of the International Emergency Economic Powers Act (50 U.S.C. 1702) is amended--
(1) in subsection (a)(1)(B), by striking out ``importation or exportation of,'' and inserting in lieu thereof
``importation, exportation, or attempted importation or exportation of,''; and
(2) in subsection (b)(3), by striking out ``importation from any country, or the exportation'' and inserting in lieu thereof ``importation or attempted importation from any country, or the exportation or attempted exportation''.
SEC. 1324. CRIMINAL PENALTIES.
It is the sense of Congress that--
(1) the sentencing guidelines prescribed by the United States Sentencing Commission for the offenses of importation, attempted importation, exportation, and attempted exportation of nuclear, biological, and chemical weapons materials constitute inadequate punishment for such offenses; and
(2) Congress urges the United States Sentencing Commission to revise the relevant sentencing guidelines to provide for increased penalties for offenses relating to importation, attempted importation, exportation, and attempted exportation of nuclear, biological, or chemical weapons or related materials or technologies under--
(A) section 11 of the Export Administration Act of 1979 (50 U.S.C. App. 2410);
(B) sections 38 and 40 the Arms Export Control Act (22 U.S.C. 2778 and 2780);
(C) the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.); and
(D) section 309(c) of the Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 2156a(c).
SEC. 1325. INTERNATIONAL BORDER SECURITY.
(a) Secretary of Defense Responsibility.--The Secretary of Defense, in consultation and cooperation with the Commissioner of Customs, shall carry out programs for assisting customs officials and border guard officials in the independent states of the former Soviet Union, the Baltic states, and other countries of Eastern Europe in preventing unauthorized transfer and transportation of nuclear, biological, and chemical weapons and related materials. Training, expert advice, maintenance of equipment, loan of equipment, and audits may be provided under or in connection with the programs.
(b) Funding.--(1) Of the total amount authorized to be appropriated by section 301, $15,000,000 is available for carrying out the programs referred to in subsection (a).
(2) The amount available under paragraph (1) for programs referred to in that paragraph is in addition to any other amounts authorized to be appropriated under section 301 for such programs.
Subtitle C--Control and Disposition of Weapons of Mass Destruction and
Related Materials Threatening the United States
SEC. 1331. PROTECTION AND CONTROL OF MATERIALS CONSTITUTING A
THREAT TO THE UNITED STATES.
(a) Department of Energy Program.--Subject to subsection
(c)(1), the Secretary of Energy may, under materials protection, control, and accounting assistance of the Department of Energy, provide assistance for securing from theft or other unauthorized disposition nuclear materials that are not so secured and are located at any site within the former Soviet Union where effective controls for securing such materials are not in place.
(b) Department of Defense Program.--Subject to subsection
(c)(2), the Secretary of Defense may provide materials protection, control, and accounting assistance under the Cooperative Threat Reduction Programs of the Department of Defense for securing from theft or other unauthorized disposition, or for destroying, nuclear, radiological, biological, or chemical weapons (or related materials) that are not so secure and are located at any site within the former Soviet Union where effective controls for securing such weapons are not in place.
(c) Funding.--(1)(A) Of the total amount authorized to be appropriated under title XXXI, $15,000,000 is available for materials protection, control, and accounting assistance of the Department of Energy for providing assistance under subsection (a).
(B) The amount available under subparagraph (A) is in addition to any other funds that are authorized to be appropriated under title XXXI for materials protection, control, and accounting assistance of the Department of Energy.
(2)(A) Of the total amount authorized to be appropriated under section 301, $10,000,000 is available for the Cooperative Threat Reduction Programs of the Department of Defense for providing materials protection, control, and accounting assistance under subsection (b).
(B) The amount available under subparagraph (A) is in addition to any other funds that are authorized to be appropriated by section 301 for materials protection, control, and accounting assistance of the Department of Defense.
SEC. 1332. VERIFICATION OF DISMANTLEMENT AND CONVERSION OF
WEAPONS AND MATERIALS.
(a) Funding for Cooperative Activities for Development of Technologies.--Of the total amount authorized to be appropriated under title XXXI, $10,000,000 is available for continuing and expediting cooperative activities with the Government of Russia to develop and deploy--
(1) technologies for improving verification of nuclear warhead dismantlement;
(2) technologies for converting plutonium from weapons into forms that--
(A) are better suited for long-term storage than are the forms from which converted;
(B) facilitate verification; and
(C) are suitable for nonweapons use; and
(3) technologies that promote openness in Russian production, storage, use, and final and interim disposition of weapon-usable fissible material, including at tritium/isotope production reactors, uranium enrichment plants, chemical separation plants, and fabrication facilities associated with naval and civil research reactors.
(b) Weapons-Usable Fissile Materials To Be Covered by Cooperative Threat Reduction Programs on Elimination or Transportation of Nuclear Weapons.--Section 1201(b)(1) of the National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106; 110 Stat. 469; 22 U.S.C. 5955 note) is amended by inserting ``, fissile material suitable for use in nuclear weapons,'' after ``other weapons''.
SEC. 1333. ELIMINATION OF PLUTONIUM PRODUCTION.
(a) Replacement Program.--The Secretary of Defense, in consultation with the Secretary of Energy, shall develop a cooperative program with the Government of Russia to eliminate the production of weapons grade plutonium by modifying or replacing the reactor cores at Tomsk-7 and Krasnoyarsk-26 with reactor cores that are less suitable for the production of weapons-grade plutonium.
(b) Program Requirements.--(1) The program shall be designed to achieve completion of the modifications or replacements of the reactor cores within three years after the modification or replacement activities under the program are begun.
(2) The plan for the program shall--
(A) specify--
(i) successive steps for the modification or replacement of the reactor cores; and
(ii) clearly defined milestones to be achieved; and
(B) include estimates of the costs of the program.
(c) Submission of Program Plan to Congress.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress--
(1) a plan for the program under subsection (a);
(2) an estimate of the United States funding that is necessary for carrying out the activities under the program for each fiscal year covered by the program; and
(3) a comparison of the benefits of the program with the benefits of other nonproliferation programs.
(d) Funding for Initial Phase.--(1) Of the total amount authorized to be appropriated by section 301 other than for Cooperative Threat Reduction programs, $16,000,000 is available for the initial phase of the program under subsection (a).
(2) The amount available for the initial phase of the reactor modification or replacement program under paragraph
(1) is in addition to amounts authorized to be appropriated for Cooperative Threat Reduction programs under section 301(20).
SEC. 1334. INDUSTRIAL PARTNERSHIP PROGRAMS TO DEMILITARIZE
WEAPONS OF MASS DESTRUCTION PRODUCTION
FACILITIES.
(a) Department of Energy Program.--The Secretary of Energy shall expand the Industrial Partnership Program of the Department of Energy to include coverage of all of the independent states of the former Soviet Union.
(b) Department of Defense Program.--The Secretary of Defense shall establish a program to support the dismantlement or conversion of the biological and chemical weapons facilities in the independent states of the former Soviet Union to uses for nondefense purposes. The Secretary may carry out such program in conjunction with, or separately from, the organization designated as the Defense Enterprise Fund (formerly designated as the
``Demilitarization Enterprise Fund'' under section 1204 of the National Defense Authorization Act for Fiscal Year 1994
(Public Law 103-160; 22 U.S.C. 5953)).
(c) Funding for Department of Defense Program.--(1)(A) Of the total amount authorized to be appropriated under section 301, $15,000,000 is available for the program under subsection (b).
(B) The amount available under subparagraph (A) for the industrial partnership program of the Department of Defense established pursuant to subsection (b) is in addition to the amount authorized to be appropriated for Cooperative Threat Reduction programs under section 301.
(2) It is the sense of Congress that the Secretary of Defense should transfer to the Defense Enterprise Fund,
$20,000,000 out of the funds appropriated for Cooperative Threat Reduction programs for fiscal years before fiscal year 1997 that remain available for obligation.
SEC. 1335. LAB-TO-LAB PROGRAM TO IMPROVE THE SAFETY AND
SECURITY OF NUCLEAR MATERIALS.
(a) Program Expansion Authorized.--The Secretary of Energy is authorized to expand the Lab-to-Lab program of the Department of Energy to improve the safety and security of nuclear materials in the independent states of the former Soviet Union where the Lab-to-Lab program is not being carried out on the date of the enactment of this Act.
(b) Funding.--(1) Of the total amount authorized to be appropriated under title XXXI, $20,000,000 is available for expanding the Lab-to-Lab program as authorized under subsection (a).
(2) The amount available under paragraph (1) is in addition to any other amount otherwise available for the Lab-to-Lab program.
SEC. 1336. COOPERATIVE ACTIVITIES ON SECURITY OF HIGHLY
ENRICHED URANIUM USED FOR PROPULSION OF RUSSIAN
SHIPS.
(a) Responsible United States Official.--The Secretary of Energy shall be responsible for carrying out United States cooperative activities with the Government of the Russian Federation on improving the security of highly enriched uranium that is used for propulsion of Russian military and civilian ships.
(b) Plan Required.--(1) The Secretary shall develop and periodically update a plan for the cooperative activities referred to in subsection (a).
(2) The Secretary shall coordinate the development and updating of the plan with the Secretary of Defense. The Secretary of Defense shall involve the Joint Chiefs of Staff in the coordination.
(c) Funding.--(1) Of the total amount authorized to be appropriated by title XXXI, $6,000,000 is available for materials protection, control, and accounting program of the Department of Energy for the cooperative activities referred to in subsection (a).
(2) The amount available for the Department of Energy for materials protection, control, and accounting program under paragraph (1) is in addition to other amounts authorized to be appropriated by title XXXI for such program.
SEC. 1337. MILITARY-TO-MILITARY RELATIONS.
(a) Funding.--Of the total amount authorized to be appropriated under section 301, $2,000,000 is available for expanding military-to-military programs of the United States that focus on countering the threats of proliferation of weapons of mass destruction so as to include the security forces of independent states of the former Soviet Union, particularly states in the Caucasus region and Central Asia.
(b) Relationship to Other Funding Authority.--The amount available for expanding military-to-military programs under subsection (a) is in addition to the amount authorized to be appropriated for Cooperative Threat Reduction programs under section 301.
SEC. 1338. TRANSFER AUTHORITY.
(a) Secretary of Defense.--(1) To the extent provided in appropriations Acts, the Secretary of Defense may transfer amounts appropriated pursuant to this subtitle for the Department of Defense for programs and authorities under this subtitle to appropriations available for programs authorized under subtitle A.
(2) Amounts so transferred shall be merged with the appropriations to which transferred and shall be available for the programs for which the amounts are transferred.
(3) The transfer authority under paragraph (1) is in addition to any other transfer authority provided by this Act.
(b) Secretary of Energy.--(1) To the extent provided in appropriations Acts, the Secretary of Energy may transfer amounts appropriated pursuant to this subtitle for the Department of Energy for programs and authorities under this subtitle to appropriations available for programs authorized under subtitle A.
(2) Amounts so transferred shall be merged with the appropriations to which transferred and shall be available for the programs for which the amounts are transferred.
(3) The transfer authority under paragraph (1) is in addition to any other transfer authority provided by this Act.
Subtitle D--Coordination of Policy and Countermeasures Against
Proliferation of Weapons of Mass Destruction
SEC. 1341. NATIONAL COORDINATOR ON NONPROLIFERATION.
(a) Designation of Position.--The President shall designate an individual to serve in the Executive Office of the President as the National Coordinator for Nonproliferation Matters.
(b) Duties.--The Coordinator shall have the following responsibilities:
(1) To be the principal adviser to the President on nonproliferation of weapons of mass destruction, including issues related to terrorism, arms control, and international organized crime.
(2) To chair the Committee on Nonproliferation established under section 1342.
(3) To take such actions as are necessary to ensure that there is appropriate emphasis in, cooperation on, and coordination of, nonproliferation research efforts of the United States, including activities of Federal agencies as well as activities of contractors funded by the Federal Government.
(c) Relationship to Certain Senior Directors of National Security Council.--(1) The senior directors of the National Security Council report to the Coordinator regarding the following matters:
(A) Nonproliferation of weapons of mass destruction and related issues.
(B) Management of crises involving use or threatened use of weapons of mass destruction, and on management of the consequences of the use or threatened use of such a weapon.
(C) Terrorism, arms control, and organized crime issues that relate to the threat of proliferation of weapons of mass destruction.
(2) Nothing in paragraph (1) shall be construed to affect the reporting relationship between a senior director and the Assistant to the President for National Security Affairs or any other supervisor regarding matters other than matters described in paragraph (1).
(d) Allocation of Funds.--Of the total amount authorized to be appropriated under section 201, [$2,000,000] is available for carrying out research referred to in subsection (b)(3). Such amount is in addition to any other amounts authorized to be appropriated under section 201 for such purpose.
SEC. 1342. NATIONAL SECURITY COUNCIL COMMITTEE ON
NONPROLIFERATION.
(a) Establishment.--The Committee on Nonproliferation (in this section referred to as the ``Committee'') is established as a committee of the National Security Council.
(b) Membership.--(1) The Committee shall be composed of the following:
(A) The Secretary of State.
(B) The Secretary of Defense.
(C) The Director of Central Intelligence.
(D) The Attorney General.
(E) The Secretary of Energy.
(F) The Administrator of the Federal Emergency Management Agency.
(G) The Secretary of the Treasury.
(H) The Secretary of Commerce.
(I) Such other members as the President may designate.
(2) The National Coordinator for Nonproliferation Matters shall chair the Committee on Nonproliferation.
(c) Responsibilities.--The Committee has the following responsibilities:
(1) To review and coordinate Federal programs, policies, and directives relating to the proliferation of weapons of mass destruction and related materials and technologies, including matters relating to terrorism and international organized crime.
(2) To make recommendations to the President regarding the following:
(A) Integrated national policies for countering the threats posed by weapons of mass destruction.
(B) Options for integrating Federal agency budgets for countering such threats.
(C) Means to ensure that the Federal, State, and local governments have adequate capabilities to manage crises involving nuclear, radiological, biological, or chemical weapons or related materials or technologies, and to manage the consequences of a use of such a weapon or related materials or technologies, and that use of those capabilities is coordinated.
(D) Means to ensure appropriate cooperation on, and coordination of, the following:
(i) Preventing the smuggling of weapons of mass destruction and related materials and technologies.
(ii) Promoting domestic and international law enforcement efforts against proliferation-related efforts.
(iii) Countering the involvement of organized crime groups in proliferation-related activities.
(iv) Safeguarding weapons of mass destruction materials and related technologies.
(v) Improving coordination and cooperation among intelligence activities, law enforcement, and the Departments of Defense, State, Commerce, and Energy in support of nonproliferation and counterproliferation efforts.
(vi) Ensuring the continuation of effective export controls over materials and technologies that can contribute to the acquisition of weapons of mass destruction.
(vii) Reducing proliferation of weapons of mass destruction and related materials and technologies.
SEC. 1343. COMPREHENSIVE PREPAREDNESS PROGRAM.
(a) Program Required.--The President, acting through the Committee on Nonproliferation established under section 1342, shall develop a comprehensive program for carrying out this title.
(b) Content of Program.--The program set forth in the report shall include specific plans as follows:
(1) Plans for countering proliferation of weapons of mass destruction and related materials and technologies.
(2) Plans for training and equipping Federal, State, and local officials for managing a crisis involving a use or threatened use of a weapon of mass destruction, including the consequences of the use of such a weapon.
(3) Plans for providing for regular sharing of information among intelligence, law enforcement, and customs agencies.
(4) Plans for training and equipping law enforcement units, customs services, and border security personnel to counter the smuggling of weapons of mass destruction and related materials and technologies.
(5) Plans for establishing appropriate centers for analyzing seized nuclear, radiological, biological, and chemical weapons, and related materials and technologies.
(6) Plans for establishing in the United States appropriate legal controls and authorities relating to the exporting of nuclear, radiological, biological, and chemical weapons, and related materials and technologies.
(7) Plans for encouraging and assisting governments of foreign countries to implement and enforce laws that set forth appropriate penalties for offenses regarding the smuggling of weapons of mass destruction and related materials and technologies.
(8) Plans for building the confidence of the United States and Russia in each other's controls over United States and Russian nuclear weapons and fissile materials, including plans for verifying the dismantlement of nuclear weapons.
(9) Plans for reducing United States and Russian stockpiles of excess plutonium, reflecting--
(A) consideration of the desirability and feasibility of a United States-Russian agreement governing fissile material disposition and the specific technologies and approaches to be used for disposition of excess plutonium; and
(B) an assessment of the options for United States cooperation with Russia in the disposition of Russian plutonium.
(10) Plans for studying the merits and costs of establishing a global network of means for detecting and responding to terroristic or other criminal use of biological agents against people or other forms of life in the United States or any foreign country.
(c) Report.--(1) At the same time that the President submits the budget for fiscal year 1998 to Congress pursuant to section 1105(a) of title 31, United States Code, the President shall submit to Congress a report that sets forth the comprehensive program developed under subsection (a).
(2) The report shall include the following:
(A) The specific plans for the program that are required under subsection (b).
(B) Estimates of the funds necessary for carrying out such plans in fiscal year 1998.
(3) The report shall be in an unclassified form. If there is a classified version of the report, the President shall submit the classified version at the same time.
SEC. 1344. TERMINATION.
After September 30, 1999, the President--
(1) is not required to maintain a National Coordinator for Nonproliferation Matters under section 1341; and
(2) may terminate the Committee on Nonproliferation established under section 1342.
Subtitle E--Miscellaneous
SEC. 1351. CONTRACTING POLICY.
It is the sense of Congress that the Secretary of Defense, the Secretary of Energy, the Secretary of the Treasury, and the Secretary of State--
(1) in the administration of funds available to such officials in accordance with this title, should (to the extent possible under law) contract directly with suppliers in independent states of the former Soviet Union to facilitate the purchase of goods and services necessary to carry out effectively the programs and authorities provided or referred to in subtitle C; and
(2) to do so should seek means, consistent with law, to utilize innovative contracting approaches to avoid delay and increase the effectiveness of such programs and of the exercise of such authorities.
SEC. 1352. TRANSFERS OF ALLOCATIONS AMONG COOPERATIVE THREAT
REDUCTION PROGRAMS.
(a) Findings.--Congress makes the following findings:
(1) The various Cooperative Threat Reduction programs are being carried out at different rates in the various countries covered by such programs.
(2) It is necessary to authorize transfers of funding allocations among the various programs in order to maximize the effectiveness of United States efforts under such programs.
(b) Transfers Authorized.--Funds appropriated for the purposes set forth in subsection (a) of section 1202 of the National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106; 110 Stat. 409) may be used for any such purpose without regard to the allocation set forth in that section and without regard to subsection (b) of such section.
SEC. 1353. ADDITIONAL CERTIFICATIONS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Cooperative Threat Reduction programs and other United States programs that are derived from programs established under the Former Soviet Union Demilitarization Act of 1992 (title XIV of Public Law 102-484; 22 U.S.C. 2901 et seq.) should be expanded by offering assistance under those programs to other independent states of the former Soviet Union in addition to Russia, Ukraine, Kazakstan, and Belarus; and
(2) the President should offer assistance to additional independent states of the former Soviet Union in each case in which the participation of such states would benefit national security interests of the United States by improving border controls and safeguards over materials and technology associated with weapons of mass destruction.
(b) Extension of Coverage.--Assistance under programs referred to in subsection (a) may, notwithstanding any other provision of law, be extended to include an independent state of the former Soviet Union if the President certifies to Congress that it is in the national interests of the United States to extend the assistance to that state.
SEC. 1354. PURCHASE OF LOW-ENRICHED URANIUM DERIVED FROM
RUSSIAN HIGHLY ENRICHED URANIUM.
(a) Sense of Congress.--It is the sense of Congress that the allies of the United States and other nations should participate in efforts to ensure that stockpiles of weapons-grade nuclear material are reduced.
(b) Actions by the Secretary of State.--Congress urges the Secretary of State to encourage, in consultation with the Secretary of Energy, other countries to purchase low-enriched uranium that is derived from highly enriched uranium extracted from Russian nuclear weapons.
SEC. 1355. PURCHASE, PACKAGING, AND TRANSPORTATION OF FISSILE
MATERIALS AT RISK OF THEFT.
It is the sense of Congress that--
(1) the Secretary of Defense, the Secretary of Energy, the Secretary of the Treasury, and the Secretary of State should purchase, package, and transport to secure locations weapons-grade nuclear materials from a stockpile of such materials if such officials determine that--
(A) there is a significant risk of theft of such materials; and
(B) there is no reasonable and economically feasible alternative for securing such materials; and
(2) if it is necessary to do so in order to secure the materials, the materials should be imported into the United States, subject to the laws and regulations that are applicable to the importation of such materials into the United States.
SEC. 1356. REDUCTIONS IN AUTHORIZATION OF APPROPRIATIONS.
(a) Navy RDT&E.--(1) The total amount authorized to be appropriated under section 201(2) is reduced by $150,000,000.
(2) The reduction in paragraph (1) shall be applied to reduce by $150,000,000 the amount authorized to be appropriated under section 201(2) for the Distributed Surveillance System.
(b) Operations and Maintenance, Defense-wide.--The total amount authorized to be appropriated under section 301(5) is reduced by $85,000,000.
______
PRESSLER (AND DASCHLE) AMENDMENT NO. 4350
Mr. WARNER (for Mr. Pressler, for himself and Mr. Daschle) proposed an amendment to the bill, S. 1745, supra; as follows:
On page 316, between lines 9 and 10, insert the following:
SEC. 1072. SENSE OF CONGRESS ON NAMING ONE OF THE NEW ATTACK
SUBMARINE THE ``SOUTH DAKOTA''.
It is the sense of the Congress that the Secretary of the Navy should name one of the new attack submarines of the Navy the ``South Dakota''.
______
WARNER AMENDMENT NO. 4351
Mr. WARNER proposed an amendment to the bill, S. 1745, supra; as follows:
At the end of subtitle B of title I, add the following:
SEC. 113. PERMANENT AUTHORITY TO CARRY OUT ARMS INITIATIVE.
Section 193(a) of the Armament Retooling and Manufacturing Support Initiative Act of 1992 (subtitle H of title I of Public Law 102-484; 10 U.S.C. 2501 note) is amended by striking out ``During fiscal years 1993 through 1996,'' and inserting in lieu thereof ``during fiscal years 1993 through 1998''.
______
JOHNSTON (AND BREAUX) AMENDMENT NO. 4352
Mr. NUNN (for Mr. Johnston, for himself and Mr. Breaux) proposed an amendment to the bill, S. 1745, supra; as follows:
At the end of subtitle C of title XXVIII, add the following:
SEC. 2828. LAND TRANSFER, VERNON RANGER DISTRICT, KISATCHIE
NATIONAL FOREST, LOUISIANA.
(a) Transfer Pursuant to Administrative Agreement.--(1) Not later than six months after the date of the enactment of this Act, the Secretary of the Army and the Secretary of Agriculture shall enter into an agreement providing for the transfer to the Secretary of the Army of administrative jurisdiction over such portion of land currently owned by the United States within the Vernon Ranger District of the Kisatchie National Forest, Louisiana, as the Secretary of the Army and the Secretary of Agriculture jointly determine appropriate for military training activities in connection with Fort Polk, Louisiana. The agreement shall allocate responsibility for land management and conservation activities with respect to the property transferred between the Secretary of the Army and the Secretary of Agriculture.
(2) The Secretary of the Army and the Secretary of Agriculture may jointly extend the deadline for entering into an agreement under paragraph (1). The deadline may be extended by not more than six months.
(b) Alternative Transfer Requirement.--If the Secretary of the Army and the Secretary of Agriculture fail to enter into the agreement referred to paragraph (1) of subsection (a) within the time provided for in that subsection, the Secretary of Agriculture shall, at the end of such time, transfer to the Secretary of the Army administrative jurisdiction over property consisting of approximately 84,825 acres of land currently owned by the United States and located in the Vernon Ranger District of the Kisatchie National Forest, Louisiana, as generally depicted on the map entitled ``Fort Polk Military Installation map'', dated June 1995.
(c) Limitation on Acquisition of Private Property.--The Secretary of the Army may acquire privately-owned land within the property transferred under this section only with the consent of the owner of the land.
(d) Use of Property.--(1) Subject to paragraph (2), the Secretary of the Army shall use the property transferred under this section for military maneuvers, training and weapons firing, and other military activities in connection with Fort Polk, Louisiana.
(2) The Secretary may not permit the firing of live ammunition on or over any portion of the property unless the firing of such ammunition on or over such portion is permitted as of the date of the enactment of this Act.
(e) Map and Legal Description.--(1) As soon as practicable after the date of the transfer of property under this section, the Secretary of Agriculture shall--
(A) publish in the Federal Register a notice containing the legal description of the property transferred; and
(B) file a map and the legal description of the property with the Committee on Energy and Natural Resources, the Committee on Agriculture, Nutrition, and Forestry, and the Committee on Armed Services of the Senate and the Committee on Resources, the Committee on Agriculture, and the Committee on National Security of the House of Representatives.
(2) The maps and legal descriptions prepared under paragraph (1) shall have the same force and effect as if included in this subsection, except that the Secretary of Agriculture may correct clerical and typographical errors in the maps and legal descriptions.
(3) As soon as practicable after the date of the enactment of this Act, copies of the maps and legal descriptions prepared under paragraph (1) shall be available for public inspection in the following offices:
(A) The Office of the Secretary of Agriculture.
(B) Such offices of the United States Forest Service as the Secretary of Agriculture shall designate.
(C) The Office of the Commander of Fort Polk, Louisiana.
(D) The appropriate office in the Vernon Parish Court House, Louisiana.
(f) Management of Property.--(1) If the transfer of property under this section occurs under subsection (a), the Secretary of the Army and the Secretary of Agriculture shall manage the property in accordance with the agreement entered into under that subsection.
(2)(A) If the transfer of property under this section occurs under subsection (b), the Secretary of the Army and the Secretary of Agriculture shall manage the property in accordance with the management plan under subparagraph (B) and the memorandum of understanding under subparagraph (C).
(B)(i) For purposes of managing the property under this paragraph, the Secretary of the Army shall, with the concurrence of the Secretary of Agriculture, develop a plan for the management of the property not later than two years after the transfer of the property. The Secretary of the Army shall provide for a period of public comment in developing the plan in order to ensure that the concerns of local citizens are taken into account in the development of the plan. The Secretary of the Army may utilize the property pending the completion of the plan.
(ii) The Secretary of the Army shall develop and implement the plan in compliance with applicable Federal law, including the provisions of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(iii) The plan shall provide for the management of the natural, cultural, and other resources of the property, including grazing, the management of wildlife and wildlife habitat, recreational uses (including hunting and fishing), and non-public uses of non-Federal lands within the property.
(C)(i) For purposes of managing the property under this paragraph, the Secretary of the Army and the Secretary of Agriculture shall enter into a memorandum of understanding in order to provide for--
(I) the implementation of the management plan developed under subparagraph (B); and
(II) the management by the Secretary of Agriculture of such areas of the property as the Secretary of the Army and the Secretary of Agriculture designate for use for non-military purposes.
(ii) The Secretary of the Army and the Secretary of Agriculture may amend the memorandum of understanding by mutual agreement.
(g) Reversion.--If at any time after the transfer of property under this section the Secretary of the Army determines that the property, or any portion thereof, is no longer to be retained by the Army for possible use for military purposes, jurisdiction over the property, or such portion thereof, shall revert to the Secretary of Agriculture who shall manage the property, or portion thereof, as part of the Kisatchie National Forest.
(h) Identification of Land for Transfer to Forest Service.--The Secretary of Defense shall seek to identify land equal in acreage to the land transferred under this section and under the jurisdiction of the Department of Defense that is suitable for transfer to the Secretary of Agriculture for use by the Forest Service.
______
DeWINE (AND GLENN) AMENDMENT NO. 4353
Mr. WARNER (for Mr. DeWine, for himself and Mr. Glenn) proposed an amendment to the bill, S. 1745, supra; as follows:
At the end of title XXVIII, add the following:
SEC. 2828. LAND CONVEYANCE, AIR FORCE PLANT NO. 85, COLUMBUS,
OHIO.
(a) Conveyance Authorized.--(1) Notwithstanding any other provision of law, the Secretary of the Air Force may instruct the Administrator of General Services to convey, without consideration, to the Columbus Municipal Airport Authority
(in this section referred to as the ``Authority'') all right, title, and interest of the United States in and to a parcel of real property, together with improvements thereon, at Air Force Plant No. 85, Columbus, Ohio, consisting of approximately 240 acres that contains the land and buildings referred to as the ``airport parcel'' in the correspondence from the General Services Administration to the Authority dated April 30, 1996, and is located adjacent to the Port Columbus International Airport.
(2) If the Secretary does not have administrative jurisdiction over the parcel on the date of the enactment of this Act, the conveyance shall be made by the Federal official who has administrative jurisdiction over the parcel as of that date.
(b) Requirement for Federal Screening.--The Federal official may not carry out the conveyance of property authorized in subsection (a) unless the Federal official determines, in consultation with the Administrator of General Services, that no department or agency of the Federal Government will accept the transfer of the property.
(c) Condition of Conveyance.--The conveyance required under subsection (a) shall be subject to the condition that the Authority use the conveyed property for public airport purposes.
(d) Reversion.--If the Federal official making the conveyance under subsection (a) determines that any portion of the conveyed property is not being utilized in accordance with subsection (c), all right, title, and interest in and to such portion shall revert to the United States and the United States shall have immediate right of entry thereon.
(e) Description of Property.--The exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Federal official making the conveyance. The cost of the survey shall be borne by the Authority.
(f) Additional Terms and Conditions.--The Federal official making the conveyance of property under subsection (a) may require such additional terms and conditions in connection with the conveyance as such official considers appropriate to protect the interests of the United States.
______
FORD AMENDMENT NO. 4354
Mr. NUNN (for Mr. Ford) proposed an amendment to the bill, S. 1745, supra; as follows:
In the table in section 2101(a), strike out the item relating to Fort Campbell, Kentucky, and insert in lieu thereof the following:
Kentucky.................................... Fort Campbell................. $67,600,000
----------------------------------------------------------------------------------------------------------------
Strike out the amount set forth as the total amount at the end of the table in section 2101(a), and insert in lieu thereof ``$363,050,000''.
In section 2104(a), in the matter preceding paragraph (1), strike out ``$1,894,297,000'' and insert in lieu thereof
``$1,900,897,000''.
In section 2104(a)(1), strike out ``$356,450,000'' and insert in lieu thereof ``$363,050,000''.
In section 2502, strike out ``$197,000,000'' and insert in lieu thereof ``$172,000,000''.
In section 2601(1)(A), strike out ``$79,628,000'' and insert in lieu thereof ``$90,428,000''.
______
McCAIN AMENDMENT NO. 4355
Mr. WARNER (for Mr. McCain) proposed an amendment to amendment No. 4354 proposed by Mr. Ford to the bill, S. 1745, supra; as follows:
At the end of the amendment, add the following:
At the end of title XXVII, add the following:
SEC. 2706. PROHIBITION ON USE OF FUNDS FOR CERTAIN PROJECTS.
(a) Prohibition.--Notwithstanding any other provision of this Act, no funds authorized to be appropriated by this Act may be obligated or expended for the military construction project listed under subsection (b) until the Secretary of Defense certifies to Congress that the project is included in the current future-years defense program.
(b) Covered Project.--Subsection (a) applies to the following military construction project:
(1) Phase II Construction, Consolidated Education Center, Ft. Campbell, KY
(2) Phase III, Construction, Western Kentucky Training Site.
______
ROBB (AND WARNER) AMENDMENT NO. 4356
Mr. NUNN (for Mr. Robb, for himself and Mr. Warner) proposed an amendment to the bill, S. 1745, supra; as follows:
Strike out subsection (a) of section 2821 and insert in lieu thereof the following new subsection (a):
(a) Requirement for Secretary of Interior To Transfer Certain Section 29 Lands.--(1) Subject to paragraph (2), the Secretary of the Interior shall transfer to the Secretary of the Army administrative jurisdiction over the following lands located in section 29 of the National Park System at Arlington National Cemetery, Virginia:
(A) The lands known as the Arlington National Cemetery Interment Zone.
(B) All lands in the Robert E. Lee Memorial Preservation Zone, other than those lands in the Preservation Zone that the Secretary of the Interior determines must be retained because of the historical significance of such lands or for the maintenance of nearby lands or facilities.
(2)(A) The Secretary of the Interior may not make the transfer referred to in paragraph (1)(B) until 60 days after the date on which the Secretary submits to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives--
(i) a summary of the document entitled ``Cultural Landscape and Archaeological Study, Section 29, Arlington House, The Robert E. Lee Memorial'';
(ii) a summary of any environmental analysis required with respect to the transfer under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(iii) the proposal of the Secretary and the Secretary of the Army setting forth the lands to be transferred and the general manner in which the Secretary of the Army will develop such lands after transfer.
(B) The Secretary of the Interior shall submit the information required under subparagraph (A) not later than October 31, 1997.
(3) The transfer of lands under paragraph (1) shall be carried out in accordance with the Interagency Agreement Between the Department of the Interior, the National Park Service, and the Department of the Army, Dated February 22, 1995.
(4) The exact acreage and legal descriptions of the lands to be transferred under paragraph (1) shall be determined by surveys satisfactory to the Secretary of the Interior and the Secretary of the Army.
______
LIEBERMAN (AND NUNN) AMENDMENT NO. 4357
Mr. Nunn (for Mr. Lieberman, for himself and Mr. Nunn) proposed an amendment to the bill, S. 1745, supra; as follows:
At the end of subtitle C of title II add the following:
SEC. 237. CORPS SAM/MEADS PROGRAM.
(a) Funding.--Of the amount authorized to be appropriated under section 201(4)--
(1) $56,200,000 is available for the Corps surface-to-air missile (SAM)/Medium Extended Air Defense System (MEADS) program (PE63869C); and
(2) $515,711,000 is available for Other Theater Missile Defense programs, projects, and activities (PE63872C).
(b) International Cooperation.--The Secretary of Defense may carry out the program referred to in subsection (a) in accordance with the memorandum of understanding entered into on May 25, 1996 by the governments of the United States, Germany, and Italy regarding international cooperation on such program (including any amendments to the memorandum of understanding).
(c) Limitations.--Not more than $15,000,000 of the amount available for the Corps SAM/MEADS program under subsection
(a) may be obligated until the Secretary of Defense submits to the congressional defense committees the following:
(1) An initial program estimate for the Corps SAM/MEADS program to, including a tentative schedule of major milestones and an estimate of the total program cost through initial operational capability.
(2) A report on the options associated with the use of existing systems, technologies, and program management mechanisms to satisfy the requirement for the Corps surface-to-air missile, including an assessment of cost and schedule implications in relation to the program estimate submitted under paragraph (1).
(3) A certification that there will be no increase in overall United States funding commitment to the project definition and validation phase of the Corps SAM/MEADS program as a result of the withdrawal of France from participation in the program.
______
THURMOND (AND OTHERS) AMENDMENT NO. 4358
Mr. WARNER (for Mr. Thurmond, for himself, Mr. Ford, Mr. Sarbanes, Mr. Breaux, Mr. Domenici, Mr. Santorum, Mr. Hollings, Mr. Warner, and Mr. Johnston) proposed an amendment to the bill, S. 1745, supra; as follows:
At the end of subtitle C of title V, add the following:
SEC. 523. PROHIBITION ON REORGANIZATION OF ARMY ROTC CADET
COMMAND OR TERMINATION OF SENIOR ROTC UNITS
PENDING REPORT ON ROTC.
(a) Prohibition.--Notwithstanding any other provision of law, the Secretary of the Army may not reorganize or restructure the Reserve Officers Training Corps Cadet Command or terminate any Senior Reserve Officer Training Corps units identified in the Information for Members of Congress concerning Senior Reserve Officer Training Corps (ROTC) Unit Closures dated May 20, 1996, until 180 days after the date on which the Secretary submits to the congressional defense committees the report described in subsection (b).
(b) Report.--The report referred to in subsection (a) shall--
(1) describe the selection process used to identify the Reserve Officer Training Corps units of the Army to be terminated;
(2) list the criteria used by the Army to select Reserve Officer Training Corps units for termination;
(3) set forth the specific ranking of each unit of the Reserve Officer Training Corps of the Army to be terminated as against all other such units;
(4) set forth the authorized and actual cadre staffing of each such unit to be termination for each fiscal year of the 10-fiscal year period ending with fiscal year 1996;
(5) set forth the production goals and performance evaluations of each Reserve Officer Training Corps unit of the Army on the closure list for each fiscal year of the 10-fiscal year period ending with fiscal year 1996;
(6) describe how cadets currently enrolled in the units referred to in paragraph (5) will be accommodated after the closure of such units;
(7) describe the incentives to enhance the Reserve Officer Training Corps program that are provided by each of the colleges on the closure list; and
(8) include the projected officer accession plan by source of commission for the active-duty Army, the Army Reserve, and the Army National Guard.
(9) describe whether the closure of any ROTC unit will adversely effect the recruitment of minority officer candidates.
______
BYRD AMENDMENT NO. 4359
Mr. NUNN (for Mr. Byrd) proposed an amendment to the bill, S. 1745, supra; as follows:
At the end of subtitle A of title V add the following:
SEC. 506. SERVICE CREDIT FOR SENIOR R.O.T.C. CADETS AND
MIDSHIPMEN IN SIMULTANEOUS MEMBERSHIP PROGRAM.
(a) Amendments to Title 10.--(1) Section 2106(c) of title 10, United States Code, is amended by striking out ``while serving on active duty other than for training after July 31, 1990, while a member of the Selected Reserve'' and inserting in lieu thereof ``performed on or after August 1, 1979, as a member of the Selected Reserve''.
(2) Section 2107(g) of such title is amended by striking out ``while serving on active duty other than for training after July 31, 1990, while a member of the Selected Reserve'' and inserting in lieu thereof ``performed on or after August 1, 1979, as a member of the Selected Reserve''.
(3) Section 2107a(g) of such title is amended by inserting
``, other than enlisted service performed after August 1, 1979, as a member of Selected Reserve'' after ``service as a cadet or with concurrent enlisted service''.
(b) Amendment to Title 37.--Section 205(d) of title 37, United States Code, is amended by striking out ``that service after July 31, 1990, that the officer performed while serving on active duty'' and inserting in lieu thereof ``for service that the officer performed on or after August 1, 1979.''.
(c) Benefits Not To Accrue for Prior Periods.--No increase in pay or retired or retainer pay shall accrue for periods before the date of the enactment of this Act by reason of the amendments made by this section.
______
BOXER AMENDMENT NO. 4360
Mr. NUNN (for Mrs. Boxer) proposed an amendment to the bill S. 1745, supra; as follows:
At the end of subtitle E of title III, add the following:
SEC. 368. REIMBURSEMENT UNDER AGREEMENT FOR INSTRUCTION OF
CIVILIAN STUDENTS AT FOREIGN LANGUAGE INSTITUTE
OF THE DEFENSE LANGUAGE INSTITUTE.
Section 559(a)(1) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2776; 10 U.S.C. 4411 note) is amended by striking out ``on a cost-reimbursable, space-available basis'' and inserting in lieu thereof ``on a space-available basis and for such reimbursement (whether in whole or in part) as the Secretary considers appropriate''.
______
MOSELEY-BRAUN AMENDMENT NO. 4361
Mr. NUNN (for Ms. Moseley-Braun) proposed an amendment to the bill, S. 1745, supra; as follows:
At the end of subtitle D of title VI, add the following:
SEC. 636. PREVENTION OF CIRCUMVENTION OF COURT ORDER BY
WAIVER OF RETIRED PAY TO ENHANCE CIVIL SERVICE
RETIREMENT ANNUITY.
(a) Civil Service Retirement and Disability System.--
(1) In general.--Subsection (c) of section 8332 of title 5, United States Code, is amended by adding at the end the following:
``(4) If an employee or Member waives retired pay that is subject to a court order for which there has been effective service on the Secretary concerned for purposes of section 1408 of title 10, the military service on which the retired pay is based may be credited as service for purposes of this subchapter only if, in accordance with regulations prescribed by the Director of the Office of Personnel Management, the employee or Member authorizes the Director to deduct and withhold from the annuity payable to the employee or Member under this subchapter, and to pay to the former spouse covered by the court order, the same amount that would have been deducted and withheld from the employee's or Member's retired pay and paid to that former spouse under such section 1408.''.
(2) Conforming amendment.--Paragraph (1) of such subsection is amended by striking ``Except as provided in paragraph
(2)'' and inserting ``Except as provided in paragraphs (2) and (4)''.
(b) Federal Employees' Retirement System.--
(1) In general.--Subsection (c) of section 8411 of title 5, United States Code, is amended by adding at the end the following:
``(5) If an employee or Member waives retired pay that is subject to a court order for which there has been effective service on the Secretary concerned for purposes of section 1408 of title 10, the military service on which the retired pay is based may be credited as service for purposes of this chapter only if, in accordance with regulations prescribed by the Director of the Office of Personnel Management, the employee or Member authorizes the Director to deduct and withhold from the annuity payable to the employee or Member under this subchapter, and to pay to the former spouse covered by the court order, the same amount that would have been deducted and withheld from the employee's or Member's retired pay and paid to that former spouse under such section 1408.''.
(2) Conforming amendment.--Paragraph (1) of such subsection is amended by striking ``Except as provided in paragraph (2) or (3)'' and inserting ``Except as provided in paragraphs
(2), (3), and (5)''.
(c) Effective Date.--The amendments made by subsections (a) and (b) shall take effect on January 1, 1997.
____________________
