[Congressional Record Volume 143, Number 86 (Thursday, June 19, 1997)]
[Senate]
[Pages S6005-S6007]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1998

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               LAUTENBERG (AND OTHERS) AMENDMENT NO. 417

  Mr. LAUTENBERG (for himself, Mr. Torricelli, and Mr. Baucus) proposed 
an amendment to the bill (S. 936) to authorize appropriations for 
fiscal year

[[Page S6006]]

1998 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       Strike out section 3188 and insert in lieu thereof the 
     following:

     SEC. 3138. REPORT ON REMEDIATION ACTIVITIES OF THE DEPARTMENT 
                   OF ENERGY.

       The Secretary of Energy shall submit to Congress a report 
     on the remediation activities of the Department of Energy.
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                SMITH OF NEW HAMPSHIRE AMENDMENT NO. 418

  Mr. SMITH of New Hampshire proposed an amendment to amendment No. 417 
proposed by Mr. Lautenberg to the bill, S. 936, supra; as follows:

       In lieu of the language proposed to be inserted, insert the 
     following:

     SEC.  . REPORT ON REMEDIATION UNDER THE FORMERLY UTILIZED 
                   SITES REMEDIAL ACTION PROGRAM

       Not later than March 1, 1998, the Secretary of Energy shall 
     submit to Congress a report containing the following 
     information regarding the Formerly Utilized Sites Remedial 
     Action Program:
       (1) How many Formerly Utilized Sites remain to be 
     remediated, what portions of these remaining sites have 
     completed remediation (including any offsite contamination), 
     what portions of the sites remain to be remediated (including 
     any offsite contamination), what types of contaminants are 
     present at each site, and what are the projected timeframes 
     for completing remediation at each site.
       (2) What is the cost of the remaining response actions 
     necessary to address actual or threatened releases of 
     hazardous substances at each Formerly Utilized Site, 
     including any contamination that is present beyond the 
     perimeter of the facilities.
       (3) For each site, how much it will cost to remediate the 
     radioactive contamination, and how much will it cost to 
     remediate the non-radioactive contamination.
       (5) What type of agreements under the Formerly Utilized 
     Sites Remedial Action Program have been entered into with 
     private parties to resolved the level of liability for 
     remediation costs at these facilities, and to what extent 
     have these agreements been tied to a distinction between 
     radioactive and non-radioactive contamination present at 
     these sites.
       (6) What efforts have been undertaken by the Department to 
     ensure that the settlement agreements entered into with 
     private parties to resolve liability for remediation costs at 
     these facilities have been consistent on a program wide 
     basis.
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                FEINSTEIN (AND BIDEN) AMENDMENT NO. 419

  Mrs. FEINSTEIN (for herself and Mr. Biden) proposed an amendment to 
the bill, S. 936, supra; as follows:

       At the end of subtitle E of title X, add the following:

     SEC. 1074. CRIMINAL PROHIBITION ON THE DISTRIBUTION OF 
                   CERTAIN INFORMATION RELATING TO EXPLOSIVES, 
                   DESTRUCTIVE DEVICES, AND WEAPONS OF MASS 
                   DESTRUCTION.

       (a) Unlawful Conduct.--Section 842 of title 18, United 
     States Code, is amended by adding at the end the following:
       ``(l) Distribution of Information Relating to Explosives, 
     Destructive Devices, and Weapons of Mass Destruction.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `destructive device' has the same meaning as 
     in section 921(a)(4);
       ``(B) the term `explosive' has the same meaning as in 
     section 844(j); and
       ``(C) the term `weapon of mass destruction' has the same 
     meaning as in section 2332a(c)(2).
       ``(2) Prohibition.--It shall be unlawful for any person--
       ``(A) to teach or demonstrate the making or use of an 
     explosive, a destructive device, or a weapon of mass 
     destruction, or to distribute by any means information 
     pertaining to, in whole or in part, the manufacture or use of 
     an explosive, destructive device, or weapon of mass 
     destruction, with the intention that the teaching, 
     demonstration, or information be used for, or in furtherance 
     of, an activity that constitutes a Federal criminal offense 
     or a State or local criminal offense affecting interstate 
     commerce; or
       ``(B) to teach or demonstrate to any person the making or 
     use of an explosive, a destructive device, or a weapon of 
     mass destruction, or to distribute to any person, by any 
     means, information pertaining to, in whole or in part, the 
     manufacture or use of an explosive, destructive device, or 
     weapon of mass destruction, knowing that such person intends 
     to use the teaching, demonstration, or information for, or in 
     furtherance of, an activity that constitutes a Federal 
     criminal offense or a State or local criminal offense 
     affecting interstate commerce.''.
       (b) Penalties.--Section 844 of title 18, United States 
     Code, is amended--
       (1) in subsection (a), by striking ``person who violates 
     subsections'' and inserting the following: ``person who--
       ``(1) violations subsections'';
       (2) by striking the period at the end and inserting ``; 
     and''; and
       (3) by adding at the end the following;
       ``(20 violates subsection (l)(2) of section 842 of this 
     chapter, shall be fined under this title, imprisoned not more 
     than 20 years, or both.''; and
       (2) in subsection (j), by striking ``and (i)'' and 
     inserting ``(i), and (l)''.
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                 COCHRAN (AND OTHERS) AMENDMENT NO. 420

  Mr. COCHRAN (for himself, Mr. Durbin, Mr. Abraham, and Mr. 
Hutchinson) proposed an amendment to the bill, S. 936, supra; as 
follows:

       At the end of subtitle E of title X, add the following:

     SEC.   . SUPERCOMPUTER EXPORT CONTROL.

       (a) Export Licensing Without Regard to End-Use and End-
     User.--
       (1) In general.--Notwithstanding any other provision of 
     law, effective upon the date of enactment of this Act, 
     computers described in paragraph (2) shall only be exported 
     to a Computer Tier 3 country pursuant to an export license 
     issued by the Secretary of Commerce.
       (2) Computers described.--A computer described in this 
     paragraph is a computer with a composite theoretical 
     performance equal to or greater than 2,000 million 
     theoretical operations per second.
       (b) Limitation on Reexport.--It is the sense of the Senate 
     that Congress should enact legislation to require that any 
     computer described in subsection (a)(2) that is exported to a 
     Computer Tier 1 or Computer Tier 2 country shall only be 
     reexported to a Computer Tier 3 country (or, in the case of a 
     computer exported to a Computer Tier 3 country pursuant to 
     subsection (a), reexported to another Computer Tier 3 
     country) pursuant to an export license approved by the 
     Secretary of Commerce and that the preceding requirement be 
     included as a provision in the contract of sale of any such 
     computer to a Computer Tier 1, Computer Tier 2, or Computer 
     Tier 3 country.
       (c) Computer Tiers Defined.--In this section, the terms 
     ``Computer Tier 1'', ``Computer Tier 2'', and ``Computer Tier 
     3'' have the meanings given such terms in section 740.7 of 
     title 15, Code of Federal Regulations.
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                        INOUYE AMENDMENT NO. 421

  (Ordered to lie on the table.)
  Mr. INOUYE submitted an amendment intended to be proposed by him to 
the bill, S. 936, supra; as follows:

       At the appropriate place, insert:

     ``SEC.   . DEFENSE ENVIRONMENTAL RESTORATION OF INDIAN LANDS 
                   PROGRAM.

       ``(a) Establishment.--The Secretary of Defense shall 
     establish an Environmental Restoration Program, within the 
     Office of Deputy Under Secretary of Defense (Environmental 
     Security), to remediate or otherwise mitigate environmental 
     impacts on Indian lands attributable to Department of Defense 
     activities. This program shall be separate from, but operate 
     in conjunction with, the program for environmental 
     restoration established pursuant to section 2701, title 10, 
     United States Code.
       ``(b) Program Criteria.--The Secretary shall establish a 
     program to--
       ``(1) identify and investigate environmental impacts on 
     Indian lands known or suspected to be caused by Department of 
     Defense activities, including but not limited to, releases 
     and threatened releases of hazardous substances, pollutants, 
     contaminants, hazardous waste, solid waste, petroleum, 
     unexplored ordnance and associated debris on, or migrating 
     on, Indian lands;
       ``(2) develop and maintain a comprehensive inventory list 
     of the environmental impacts identified pursuant to the 
     authority provided in subsection (1) of this section;
       ``(3) conduct preliminary assessments of each site 
     identified pursuant to the authority provided in subsection 
     (1) of this section to validate and document the potential 
     risk to human health and the environment, or natural, 
     religious or cultural resources, or other impediments to the 
     use of such Indian lands, as reported by the Indian tribes, 
     the Military Departments, and other sources;
       ``(4) apply the Department of Defense Relative Risk Site 
     Evaluation System to determine priorities for addressing 
     impact on Indian lands by taking into account considerations 
     important to Indian tribes, including but not limited to 
     damages or other impacts to human health and safety, cultural 
     and religious values, subsistence activities, natural 
     ecosystems, and natural resources of commercial value;
       ``(5) implement appropriate remediation or other form of 
     mitigation of environmental impacts on Indian lands resulting 
     from Department of Defense activities; and
       ``(6) provide training, either directly or through 
     contract, to enable Indian tribes to administer cooperative 
     agreements and contracts provided for in this section.
       ``(c) Consultation With Indian Tribes.--The Secretary shall 
     consult with each affected Indian tribe during any activities 
     undertaken pursuant to this section, and shall not select 
     appropriate response actions without consulting the affected 
     Indian tribe.
       ``(d) Cooperative Agreements.--(1) The Secretary is 
     authorized to enter into cooperative agreements with Indian 
     tribes or consortia of Indian tribes, when mutually agreed by 
     the Secretary and the Indian tribe involved, to administer 
     some or all portions of the restoration program and to 
     perform such services applicable under this section.

[[Page S6007]]

     The cooperative agreement may cover one or more sites 
     identified and assessed for remediation or other response 
     action. The Secretary shall make a determination regarding 
     such application within 90 days after receiving the 
     application.
       ``(f) Contracting Provisions.--``In implementing the 
     provisions of any cooperative agreement or the award of any 
     contract pursuant to this section, the Secretary shall--
       ``(1) apply the provisions of--
       ``(A) 25 U.S.C. Sec. 450(e)(b);
       ``(B) 48 C.F.R. Sec. 26.1.; and
       ``(C) 48 C.F.R. Sec. 226.1; and
       ``(2) enter into contracts or cooperative agreements with 
     tribal community colleges and tribal vocational educational 
     institutions to provide training to Indian tribes as required 
     under this section.
       ``(e) Definition.--For the purposes of this section, the 
     term--
       ``(1) ``Indian'' means ``Indian'' as defined in 25 U.S.C. 
     Sec. 450(b), the Indian Self-Determination and Educational 
     Assistance Act.
       ``(2) ``Indian tribe'' means ``Indian tribe'' as defined in 
     25 U.S.C. Sec. 450(b)(d), the Indian Self-Determination and 
     Educational Assistance Act.
       ``(3) ``Indian organization'' means an ``organization'' as 
     defined in 25 U.S.C. 1452(f), the Indian Financing Act.
       ``(4) ``Indian-owned economic enterprise'' means an 
     ``economic enterprise'' as defined in 25 U.S.C. 1452(e), the 
     Indian Financing Act.
       ``(5) ``Indian lands'' means ``Indian lands'' as defined in 
     25 U.S.C. Sec. 3902(3) and (4), the Indian Lands Open Dumps 
     Clean-Up Act.
       ``(f) Authorization.--There is hereby authorized to be 
     appropriated to carry out this section $20,000,000 for each 
     of fiscal years 1998 and 1999, to remain available until 
     expended. For each of fiscal years 2000 through 2006, there 
     is authorized to be appropriated such sums as may be 
     necessary to carry out the purposes of this section.''

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