[Congressional Record Volume 142, Number 138 (Monday, September 30, 1996)]
[Senate]
[Pages S12003-S12004]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              THE PENSION CHOICE AND SECURITY ACT OF 1996

                                 ______
                                 

                    McCAIN AMENDMENTS NOS. 5422-5423

  (Ordered to lie on the table)
  Mr. McCAIN submitted two amendments intended to be proposed by him to 
the bill (H.R. 4000) supra; as follows:

                           Amendment No. 5422

       At the end, add the following:

     SEC. 2. LIMITATION ON DEFENSE FUNDING OF THE NATIONAL DRUG 
                   INTELLIGENCE CENTER.

       (a) Limitation on Use of Funds.--Except as provided in 
     subsection (b), funds appropriated or otherwise made 
     available for the Department of Defense for fiscal year 1997 
     may not be obligated or expended for the National Drug 
     Intelligence Center, Johnstown, Pennsylvania.
       (b) Exception.--If the Attorney General operates the 
     National Drug Intelligence Center using funds available for 
     the Department of Justice, the Secretary of Defense may 
     continue to provide Department of Defense intelligence 
     personnel to support intelligence activities at the Center. 
     The number of such personnel providing support to the Center 
     after the date of the enactment of this Act may not exceed 
     the number of the Department of Defense intelligence 
     personnel who are supporting intelligence activities at the 
     Center on the day before such date.

     SEC. 3. INVESTIGATION OF THE NATIONAL DRUG INTELLIGENCE 
                   CENTER.

       (a) Investigation Required.--The Inspector General of the 
     Department of Defense, the Inspector General of the 
     Department of Justice, the Inspector General of the Central 
     Intelligence Agency, and the Comptroller General of the 
     United States shall--
       (1) jointly investigate the operations of the National Drug 
     Intelligence Center, Johnstown, Pennsylvania; and
       (2) not later than March 31, 1997, jointly submit to the 
     President pro tempore of the Senate and the Speaker of the 
     House of Representatives a report on the results of the 
     investigation.
       (b) Content of Report.--The joint report shall contain a 
     determination regarding whether there is a significant 
     likelihood that the funding of the operation of the National 
     Drug Intelligence Center, a domestic law enforcement program, 
     through an appropriation under the control of the Director of 
     Central Intelligence will result in a violation of the 
     National Security Act of 1947 or Executive Order 12333.
                                                                    ____


                           Amendment No. 5423

       At the end of the Act, insert the following:

     SEC.   . AUTHORITY TO DISPOSE OF CERTAIN MATERIALS IN 
                   NATIONAL DEFENSE STOCKPILE TO FUND ACTIVITIES 
                   RELATING TO THE SEARCH FOR INDIVIDUALS MISSING 
                   IN ACTION AND BELIEVED TO BE PRISONERS OF WAR.

       (A) Authority To Dispose.--The President may dispose of 
     materials contained in the National Defense Stockpile and 
     specified in the table in subsection (b),
       (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:

                                                                        
------------------------------------------------------------------------
           Material for disposal                      Quantity          
------------------------------------------------------------------------
Chrome Metal, Electrolytie................  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.      
Platium...................................  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) Availability 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

[[Page S12004]]

     disposal of materials under subsection (a) shall be deposited 
     into the fund established by paragraph (2).
       (2)(A) There is established a fund in the Treasury to be 
     known as the ``Missing Persons Activities Fund'' (in this 
     paragraph referred to as the ``Fund'').
       (B) There shall be deposited in the Fund amounts received 
     as a result of the disposal of materials under subsection 
     (a).
       (C) Sums in the Fund shall be available to the Secretary of 
     Defense to defray the cost to the Department of Defense of 
     activities connected with determining the status and 
     whereabouts of members of the Armed Forces of the United 
     States who are missing in action and believed to be prisoners 
     of war, including the administrative costs and the costs 
     incurred by the Department in connection with judicial review 
     of such activities. Such amounts shall be available for that 
     purpose without fiscal year limitation.
       (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).

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