[Congressional Record Volume 142, Number 92 (Thursday, June 20, 1996)]
[Senate]
[Pages S6614-S6616]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1997

                                 ______


                  CRAIG (AND OTHERS) AMENDMENT NO 4085

  Mr. CRAIG (for himself, Mr. Kempthorne, Mr. Domenici, Mr. Bingaman, 
Mr. Murkowski, and Mr. Johnston) proposed an amendment to the bill, S. 
1745, supra; as follows:

       On page 446, after line 12, insert the following subtitle:

     Subtitle E.--Waste Isolation Pilot Plant Land Withdrawal Act 
                             Amendments.''

     SECTION 1. SHORT TITLE AND REFERENCE.

       (a) Short Title.--This Act may be cited as the ``Waste 
     Isolation Pilot Plant Land Withdrawal Amendment Act''.
       (b) Reference.--Except as otherwise expressly provided, 
     whenever in this Act an amendment or repeal is expressed in 
     terms of an amendment to, or repeal of, a section or other 
     provision, the reference shall be considered to be made to a 
     section or other provision of the Waste Isolation Pilot Plant 
     Land Withdrawal Act (Public Law 102-579).

     SEC. 2. DEFINITIONS.

       Paragraphs (18) and (19) of section 2 are repealed.

     SEC. 3. TEST PHASE AND RETRIEVAL PLANS.

       Section 5 and the item relating to such section in the 
     table of contents are repealed.

     SEC. 4. MANAGEMENT PLAN.

       Section 4(b)(5)(B) is amended by striking ``or with the 
     Solid Waste Disposal Act (42 U.S.C. 6901 et seq.)''.

     SEC. 5. TEST PHASE ACTIVITIES.

       Section 6 is amended--
       (1) by repealing subsections (a) and (b),
       (2) by repealing paragraph (1) of subsection (c),
       (3) by redesignating subsection (c) as subsection (a) and 
     in that subsection--
       (A) by repealing subparagraph (A) of paragraph (2),
       (B) by striking the subsection heading and the matter 
     immediately following the subsection heading and inserting 
     ``Study.--The following study shall be conducted:'',
       (C) by striking ``(2) Remote-handled waste.--'',
       (D) by striking ``(B) Study.--'',
       (E) by redesignating clauses (i), (ii), and (iii) as 
     paragraphs (1), (2), and (3), respectively, and
       (F) by realigning the margins of such clauses to be margins 
     of paragraphs,
       (5) in subsection (d), by striking ``, during the test 
     phase, a biennial'' and inserting ``a'' and by striking ``, 
     consisting of a documented analysis of'' and inserting ``as 
     necessary to demonstrate'', and
       (6) by redesignating subsection (d) as subsection (b).

     SEC. 6. DISPOSAL OPERATIONS.

       Section 7(b) is amended to read as follows:
       ``(b) Requirements for Commencement of Disposal 
     Operations.--The Secretary may commence emplacement of 
     transuranic waste underground for disposal at WIPP only upon 
     completion of--
       ``(1) the Administrator's certification under section 
     8(d)(1) that the WIPP facility will comply with the final 
     disposal regulations;
       ``(2) the acquisition by the Secretary (whether by 
     purchase, condemnation, or otherwise) of Federal Oil and Gas 
     Leases No. NMNM 02953 and No. NMNM 02953C, unless the 
     Administrator determines, under section 4(b)(5), that such 
     acquisition is not required; and,
       ``(3) the expiration of the 30-day period beginning on the 
     date on which the Secretary notifies Congress that the 
     requirements of section 9(a)(1) have been met.''.

     SEC. 7. ENVIRONMENTAL PROTECTION AGENCY DISPOSAL REGULATIONS.

       (a) Section 8(d)(1).--Section 8(d)(1) is amended--
       (1) by amended subparagraph (A) to read as follows:
       ``(A) Application for compliance.--Within 30 days after the 
     date of the enactment of the Waste Isolation Pilot Plant Land 
     Withdrawal Amendment Act, the Secretary shall provide to 
     Congress a schedule for the incremental submission of 
     chapters of the application to the Administrator beginning no 
     later than 30 days after such date. The Administrator shall 
     review the submitted chapters and provide requests for 
     additional information from the Secretary as needed for 
     completeness within 45 days of the receipt of each chapter. 
     The Administrator shall notify Congress of such requests. The 
     schedule shall call for the Secretary to submit all chapters 
     to the Administrator no later than October 31, 1996. The 
     Administrator may at any time request additional information 
     from the Secretary as needed to certify, pursuant to 
     subparagraph (B), whether the WIPP facility will comply with 
     the final disposal regulations.''; and
       (2) in subparagraph (D), by striking ``after the 
     application is'' and inserting ``after the full application 
     has been''.
       (b) Section 8(d)(2), (3).--Section 8(d) is amended by 
     striking paragraphs (2) and (3), by striking ``(1) Compliance 
     with disposal regulations.--'', and by redesignating 
     subparagraphs (A), (B), (C), and (D) of paragraph (1) as 
     paragraph (1), (2), (3), and (4), respectively.
       (c) Section 8(g).--Section 8(g) is amended to read as 
     follows:
       ``(G) Engineered and Natural Barriers, Etc.--The Secretary 
     shall use both engineered and natural barriers and any other 
     measures (including waste form modifications) to the extent 
     necessary at WIPP to comply with the final disposal 
     regulations.''.

     SEC. 8. COMPLIANCE WITH ENVIRONMENTAL LAWS AND REGULATIONS.

       (a) Section 9(a)(1).--Section 9(a)(1) is amended by adding 
     after and below subparagraph (H) the following: ``With 
     respect to transuranic mixed waste designated by the 
     Secretary for disposal at WIPP, such waste is exempt from 
     treatment standards promulgated pursuant to section 3004(m) 
     of the Solid Waste Disposal Act (42 U.S.C. Sec. 6924(m)) and 
     shall not be subject to the land disposal prohibitions in 
     section 3004(d), (e), (f), and (g) of the Solid Waste 
     Disposal Act.''.
       (b) Section 9(b).--Subsection (b) of section 9 is repealed.
       (c) Section 9(c)(2).--Subsection (c)(2) of section 9 is 
     repealed.
       (d) Section 14.--Section 14 is amended--
       (1) in subsection (a), by striking ``No provision'' and 
     inserting ``Except for the exemption from the land disposal 
     restrictions described in section 9(a)(1), no provision''; 
     and
       (2) in subsection (b)(2), by striking ``including all terms 
     and conditions of the No-Migration Determination'' and 
     inserting ``except that the transuranic mixed waste 
     designated by the Secretary for disposal at WIPP is exempt 
     from the land disposal restrictions described in section 
     9(a)(1)''.

     SEC. 9. RETRIEVABILITY.

       (a) Section 10.--Section 10 is amended to read as follows:

     ``SEC. 10. TRANSURANIC WASTE.

       ``It is the intent of Congress that the Secretary will 
     complete all actions required under section 7(b) to commence 
     emplacement of transuranic waste underground for disposal at 
     WIPP no later than November 30, 1997.''.
       (b) Conforming Amendment.--The item relating to section 10 
     in the table of contents is amended to read as follows:

``Sec. 10. Transuranic waste.''.

     SEC. 10. DECOMMISSIONING OF WIPP

       Section 13 is amended--
       (1) by repealing subsection (a), and
       (2) in subsection (b), by striking ``(b) Management Plan 
     for the Withdrawal After Decommissioning.--Within 5 years 
     after the date of the enactment of this Act, the'' and 
     inserting ``The''.

     SEC. 11. ECONOMIC ASSISTANCE AND MISCELLANEOUS PAYMENTS.

       (a) Section 15(a) is amended by adding at the end the 
     following: ``An appropriation to the State shall be in 
     addition to any appropriation for WIPP.''.
       (b) $20,000,000 is authorized to be appropriated in fiscal 
     year 1997 to the Secretary for payment to the State of New 
     Mexico for road improvements in connection with the WIPP.

                                 ______


                HATFIELD (AND WYDEN) AMENDMENT NO. 4086

  (Ordered to lie on the table.)
  Mr. HATFIELD (for himself and Mr. Wyden) submitted an amendment 
intended to be proposed by them to the bill, S. 1745, supra; as 
follows:

       At the end of subtitle D of title XXXI, add the following:

     SEC. 3161. PARTICIPATION OF STATE OF OREGON IN REMEDIAL 
                   ACTIONS AT HANFORD RESERVATION, WASHINGTON.

       (a) Participation.--For purposes of remedial actions at the 
     Hanford Reservation, Washington, under the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9601 et seq.), the State of Oregon shall also 
     be treated as the State in which Hanford Reservation is 
     located under subparagraphs (D), (E), (G), and (H) of section 
     121(f)(1) of that Act (42 U.S.C. 9621(f)(1)).
       (b) Memorandum of Understanding.--The State of Oregon may 
     enter into a memorandum of understanding with the State of 
     Washington, the Site Manager of the Hanford Reservation, and 
     the Administrator of the Environmental Protection Agency in 
     order to address issues of mutual concern to such States 
     regarding the Hanford Reservation. The entry into such a 
     memorandum shall not delay the implementation of section 121 
     of that Act with respect to the Hanford Reservation.
                                 ______


                   HATFIELD AMENDMENTS NOS. 4087-4088

  (Ordered to lie on the table.)
  Mr. HATFIELD submitted two amendments intended to be proposed by him 
to the bill, S. 1745, supra; as follows:

[[Page S6615]]

                           Amendment No. 4087

       At the end of subtitle D of title X add the following:

     SEC. 1044. DEMOCRACY STABILIZATION FINANCIAL ASSISTANCE 
                   PROGRAM.

       (a) Establishment.--The Secretary of Defense shall 
     establish a program to support the strengthening of 
     constitutional democracy in established and emerging 
     democracies throughout the world through the awarding of 
     grants for support of programs for the promotion of education 
     in civics and government in the democratic tradition.
       (b) Programs Supported.--The Secretary may award a grant to 
     an organization for support of a 5-year program conducted by 
     that organization that promotes cooperation in civics and 
     government education by educational leaders, teacher 
     trainers, scholars in disciplines related to civics and 
     government, educational policy-makers, private citizens, 
     business leaders, and government officials who are of 
     established and emerging democracies and are dedicated to 
     democracy.
       (e) Maximum Number of Grants.--The Secretary may award up 
     to four grants under the program.
       (d) Eligible Grant Recipients.--To be eligible for award of 
     a grant under this section an organization shall be 
     experienced in the following:
       (1) The development and implementation of civics and 
     government education curricula for students in kindergarten 
     through twelfth grade throughout the United States, whether 
     the experience is gained through work with local educational 
     agencies, State educational agencies, or private educational 
     institutions.
       (2) The development and implementation of cooperative 
     university-based, college-based, or other school-based in-
     service training programs for civics and government teachers 
     at the kindergarten through twelfth grade levels.
       (3) The administration of international exchange programs 
     for the study of civics and government which involve 
     exchanges of educational leaders, teacher trainers, scholars 
     in disciplines related to civics and government, educational 
     policymakers, private citizens, business leaders, and 
     government officials among established and emerging 
     democracies.
       (e) Grant Agreement.--The Secretary and the recipient of a 
     grant shall enter into an agreement that sets forth such 
     terms and conditions for the use of the grant funds as the 
     Secretary of Defense may prescribe.
       (f) USIA Involvement.--(1) The Secretary of Defense shall--
       (A) obtain the concurrence of the Director of the United 
     States Information Agency in the design of the program under 
     this section; and
       (B) consult with the Director in the awarding of grants to 
     particular recipients, including the making of determinations 
     of eligibility and the specification of terms and conditions 
     of grant agreements under subsection (e).
       (2) The Director of the United States Information Agency 
     shall have particular responsibility for ensuring that--
       (A) programs assisted under this section are not 
     duplicative of other efforts; and
       (B) any foreign institutions involved in such programs are 
     creditable.
       (g) Oversight Committee.--(1) The Secretary of Defense and 
     the Director of the United States Information Agency shall 
     jointly establish a committee for oversight of the grant 
     program under this section. The committee shall be composed 
     of an equal number of representatives of each such official.
       (2) The oversight committee shall prescribe the following:
       (A) The specifications for solicitations of grant 
     proposals.
       (B) The eligibility criteria (consistent with subsection 
     (d)).
       (C) The process for reviewing grant proposals, including 
     the criteria for selection of proposals for grant award.
                                                                    ____


                           Amendment No. 4088

       At the end of subtitle F of title 10 add the following:

     SEC. 1072. NATIONAL WAR AND PEACE COLLEGE.

       (a) Designation of National War and Peace College.--The 
     National War College (located as of the date of the enactment 
     of this Act at Fort McNair, District of Columbia) is 
     redesignated as the ``National War and Peace College''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     National War College shall be deemed to be a reference to the 
     National War and Peace College.
                                 ______


                     KEMPTHORNE AMENDMENT NO. 4089

  Mr. KEMPTHORNE proposed an amendment to the bill, S. 1745, supra; as 
follows:

       At the end of subtitle D of title V add the following:

     SEC. 540. WAIVER OF TIME LIMITATIONS FOR AWARD OF CERTAIN 
                   DECORATIONS TO SPECIFIED PERSONS.

       (a) Waiver of Time Limitation.--Any limitation established 
     by law or policy for the time within which a recommendation 
     for the award of a military decoration or award must be 
     submitted shall not apply in the case of awards of 
     decorations as described in subsection (b), the award of each 
     decoration having been determined by the Secretary of the 
     Navy to be warranted in accordance with section 1130 of title 
     10, United States Code.
       (b) Distinguished Flying Cross.--Subsection (a) applies to 
     awards of the Distinguished Flying Cross for service during 
     World War II as follows:
       (1) First award.--First award, for completion of at least 
     20 qualifying combat missions, to the following members and 
     former members of the Armed Forces:
       Vernard V. Aiken of Wilmington, Vermont.
       Ira V. Babcock of Dothan, Georgia.
       George S. Barlow of Grafton, Virginia.
       Earl A. Bratton of Bodega Bay, California.
       Herman C. Edwards of Johns Island, South Carolina.
       James M. Fitzgerald of Anchorage, Alaska.
       Paul L. Hitchcock of Raleigh, North Carolina.
       Harold H. Hottle of Hillsboro, Ohio.
       Samuel M. Keith of Anderson, South Carolina.
       Otis Lancaster of Wyoming, Michigan.
       John B. McCabe of Biglerville, Pennsylvania.
       James P. Merriman of Midland, Texas.
       The late Michael L. Michalak, formerly of Akron, New York.
       The late Edward J. Naparkowsky, formerly of Hartford, 
     Connecticut.
       A. Jerome Pfeiffer of Racine, Wisconsin.
       Duane L. Rhodes of Earp, California.
       Frank V. Roach of Bloomfield, New Jersey.
       Arnold V. Rosekrans of Horseheads, New York.
       Joseph E. Seaman, Jr. of Bordentown, New Jersey.
       Luther E. Thomas of Panama City, Florida.
       Merton S. Ward of South Hamilton, Massachusetts.
       Simon L. Webb of Magnolia, Mississippi.
       Jerry W. Webster of Leander, Texas.
       Stanley J. Orlowski of Jackson, Michigan.
       (2) Second award.--Second award, for completion of at least 
     40 qualifying combat missions, to the following members and 
     former members of the Armed Forces:
       Ralph J. Deceuster of Dover, Ohio.
       Elbert J. Kimble of San Francisco, California.
       George W. Knauff of Monument, Colorado.
       John W. Lincoln of Rockland, Massachusetts.
       Alan D. Marker of Sonoma, California.
       Joseph J. Oliver of White Haven, Pennsylvania.
       Arthur C. Adair of Grants Pass, Oregon.
       Daniel K. Connors of Hampton, New Hampshire.
       Glen E. Danielson of Whittier, California.
       Prescott C. Jernegan of Hemet, California.
       Stephen K. Johnson of Englewood, Florida.
       Warren E. Johnson of Vista, California.
       Albert P. Emsley of Bothell, Washington.
       Robert B. Carnes of West Yarmouth, Massachusetts.
       Urbain J. Fournier of Houma, Louisiana.
       John B. Tagliapiri of St. Helena, California.
       Ray B. Stiltner of Centralia, Washington.
       (3) Third award.--Third award, for completion of at least 
     60 qualifying combat missions, to the following members and 
     former members of the Armed Forces:
       Glenn Bowers of Dillsburg, Pennsylvania.
       Arthur C. Casey of Irving, California.
       Robert J. Larsen of Gulf Breeze, Florida.
       William A. Nickerson of Portland, Oregon.
       David Mendoza of McAllen, Texas.
       (4) Fourth award.--Fourth award, for completion of at least 
     80 qualifying combat missions, to the following members and 
     former members of the Armed Forces:
       Arvid L. Kretz of Santa Rosa, California.
       George E. McClane of Cocoa Beach, Florida.
       Robert Bair of Ontario, California.
       (5) Fifth award.--Fifth award, for completion of at least 
     100 qualifying combat missions, to the following members and 
     former members of the Armed Forces:
       William A. Baldwin of San Clemente, California.
       George Bobb of Blackwood, New Jersey.
       John R. Conrad of Hot Springs, Arkansas.
       Herbert R. Hetrick of Roaring Springs, Pennsylvania.
       William L. Wells of Cordele, Georgia.
       (6) Sixth award.--Sixth award, for completion of at least 
     120 qualifying combat missions, to Richard L. Murray of 
     Dallas, Texas.
                                 ______


               WARNER (AND HUTCHISON) AMENDMENT NO. 4090

  Mr. WARNER (for himself and Mrs. Hutchison) proposed an amendment to 
the bill, S. 1745, supra; as follows:

       At the end of the amendment, add the following new section:

     SEC.   . MILITARY PERSONNEL STALKING PUNISHMENT AND 
                   PREVENTION ACT OF 1996.

       (a) Short Title.--This section may be cited as the 
     ``Military Personnel Stalking Punishment and Prevention Act 
     of 1996''.
       (b) In General.--Title 18, United States Code, is amended 
     by inserting after section 2261 the following:

     ``Sec. 2261A. Stalking of members of the Armed Forces of the 
       United States

       ``(a) In General.--Whoever, within the special maritime and 
     territorial jurisdiction of the United States or in the 
     course of interstate travel, with the intent to injure or 
     harass any military person, places that military person in 
     reasonable fear of the death of, or serious bodily injury to, 
     that military person or a member of the immediate family of 
     that

[[Page S6616]]

     military person shall be punished as provided in section 
     2261.
       ``(b) Definitions.--For purposes of this section--
       ``(1) the term `immediate family' has the same meaning as 
     in section 115; and
       ``(2) the term `military person' means--
       ``(A) any member of the Armed Forces of the United States 
     (including a member of any reserve component); and
       ``(B) any member of the immediate family of a person 
     described in subparagraph (A).''.
       (c) Conforming Amendments.--
       (1) Section 2261(b) of title 18, United States Code, is 
     amended by inserting ``or section 2261A'' after ``this 
     section''.
       (2) Sections 2261(b) and 2262(b) of title 18, United States 
     Code, are each amended by striking ``offender's spouse or 
     intimate partner'' each place it appears and inserting 
     ``victim''.
       (3) The chapter heading for chapter 110A of title 18, 
     United States Code, is amended by inserting ``AND STALKING'' 
     after ``VIOLENCE''.
       (d) Clerical Amendment.--The table of sections at the 
     beginning of chapter 110A of title 18, United States Code, is 
     amended by inserting after the item relating to section 2261 
     the following new item:

``2261A. Stalking of members of the Armed Forces of the United 
              States.''.

       (e) Effective Date.--This section and the amendments made 
     by this section shall take effect on the day after the date 
     of enactment of this Act.
                                 ______


                      FAIRCLOTH AMENDMENT NO. 4091

  (Ordered to lie on the table.)
  Mr. FAIRCLOTH submitted an amendment intended to be proposed by him 
to the bill, S. 1745, supra; as follows:

       At the end of subtitle B of title II add the following:

     SEC. 223. SOUTHERN OBSERVATORY FOR ASTROPHYSICAL RESEARCH 
                   PROJECT.

       Of the total amount authorized to be appropriated under 
     section 201(4), $3,000,000 is available for the Southern 
     Observatory for Astrophysical Research (SOAR) project of the 
     Defense Advanced Research Projects Agency.

                          ____________________