[Congressional Record Volume 142, Number 96 (Wednesday, June 26, 1996)]
[Senate]
[Pages S7041-S7051]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                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.

[[Page S7042]]



      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.
                                 ______
                                 

[[Page S7043]]



                 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.

[[Page S7044]]

     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:

[[Page S7045]]

       ``(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

[[Page S7046]]

     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

[[Page S7047]]

     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:

[[Page S7048]]

       (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

[[Page S7049]]

     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''.

[[Page S7050]]

       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.
                                 ______
                                 

[[Page S7051]]



                        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.

                          ____________________