[Congressional Record Volume 145, Number 77 (Wednesday, May 26, 1999)]
[Senate]
[Pages S6073-S6077]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                          AMENDMENTS SUBMITTED

                                 ______
                                 

        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2000

                                 ______
                                 

                  LOTT (AND OTHERS) AMENDMENT NO. 394

  Mr. LOTT. (for himself, Mr. Warner, Mr. Shelby, Mr. Murkowski, Mr. 
Domenici, Mr. Specter, Mr. Thomas, Mr. Kyl, and Mr. Hutchinson) 
proposed an amendment to the bill (S. 1059) to authorize appropriations 
for fiscal year 2000 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:

       On page 387, below line 24, add the following:

     SEC. 1061. INVESTIGATIONS OF VIOLATIONS OF EXPORT CONTROLS BY 
                   UNITED STATES SATELLITE MANUFACTURERS.

       (a) Notice to Congress of Investigations.--The President 
     shall promptly notify Congress whenever an investigation is 
     undertaken of an alleged violation of United States export 
     control laws in connection with a commercial satellite of 
     United States origin.
       (b) Notice to Congress of Certain Export Waivers and 
     Licenses.--The President shall promptly notify Congress 
     whenever an export license or waiver is granted on behalf of 
     any United States person or firm that is the subject of an 
     investigation described in subsection (a). The notice shall 
     include a justification for the license or waiver.
       (c) Notice in Applications.--It is the sense of Congress 
     that any United States person or firm subject to an 
     investigation described in subsection (a) that submits to the 
     United States an application for the export of a commercial 
     satellite should include in the application a notice of the 
     investigation.

     SEC. 1062. ENHANCEMENT OF ACTIVITIES OF DEFENSE THREAT 
                   REDUCTION AGENCY.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     prescribe regulations--
       (1) to authorize the personnel of the Defense Threat 
     Reduction Agency (DTRA) who monitor satellite launch 
     campaigns overseas to suspend such campaigns at any time if 
     the suspension is required for purposes of the national 
     security of the United States;
       (2) to establish appropriate professional and technical 
     qualifications for such personnel;
       (3) to allocate funds and other resources to the Agency at 
     levels sufficient to prevent any shortfalls in the number of 
     such personnel;
       (4) to establish mechanisms in accordance with the 
     provisions of section 1514(a)(2)(A) of the Strom Thurmond 
     National Defense Authorization Act for Fiscal Year 1999 
     (Public Law 105-261; 112 Stat. 2175; 22 U.S.C. 2778 note) 
     that provide for--
       (A) the allocation to the Agency, in advance of a launch 
     campaign, of an amount equal to the amount estimated to be 
     required by the Agency to monitor the launch campaign; and
       (B) the reimbursement of the Department, at the end of a 
     launch campaign, for amounts expended by the Agency in 
     monitoring the launch campaign;
       (5) to establish a formal technology training program for 
     personnel of the Agency who monitor satellite launch 
     campaigns overseas, including a structured framework for 
     providing training in areas of export control laws;
       (6) to review and improve guidelines on the scope of 
     permissible discussions with foreign persons regarding 
     technology and technical information, including the 
     technology and technical information that should not be 
     included in such discussions;
       (7) to provide, on at least an annual basis, briefings to 
     the officers and employees of United States commercial 
     satellite entities on United States export license standards, 
     guidelines, and restrictions, and encourage such officers and 
     employees to participate in such briefings;
       (8) to establish a system for--
       (A) the preparation and filing by personnel of the Agency 
     who monitor satellite launch campaigns overseas of detailed 
     reports of all activities observed by such personnel in the 
     course of monitoring such campaigns;
       (B) the systematic archiving of reports filed under 
     subparagraph (A); and
       (C) the preservation of such reports in accordance with 
     applicable laws; and
       (9) to establish a counterintelligence office within the 
     Agency as part of its satellite launch monitoring program.
       (b) Annual Report on Implementation of Satellite Technology 
     Safeguards.--The Secretary shall submit to Congress each 
     year, as part of the annual report for that year under 
     section 1514(a)(8) of the Strom Thurmond National Defense 
     Authorization Act for Fiscal Year 1999, the following:
       (1) A summary of the satellite launch campaigns and related 
     activities monitored by the Defense Threat Reduction Agency 
     during the preceding year.
       (2) A description of any license infractions or violations 
     that may have occurred during such campaigns and activities.
       (3) A description of the personnel, funds, and other 
     resources dedicated to the satellite launch monitoring 
     program of the Agency during that year.
       (4) An assessment of the record of United States satellite 
     makers in cooperating with Agency monitors, and in complying 
     with United States export control laws, during that year.

     SEC. 1063. IMPROVEMENT OF LICENSING ACTIVITIES BY THE 
                   DEPARTMENT OF STATE.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of State shall prescribe regulations 
     to provide notice to the manufacturer of a commercial 
     satellite of United States origin of the reasons for a denial 
     or approval with conditions, as the case may be, of the 
     application for license involving the overseas launch of such 
     satellite.

     SEC. 1064. ENHANCEMENT OF INTELLIGENCE COMMUNITY ACTIVITIES.

       (a) Consultation with DCI.--The Secretary of State shall 
     consult with the Director of Central Intelligence throughout 
     the review of an application for a license involving the 
     overseas launch of a commercial satellite of United States 
     origin in order to assure that the launch of the satellite, 
     if the license is approved, will meet any requirements 
     necessary to protect the national security interests of the 
     United States.
       (b) Advisory Group.--The Director of Central Intelligence 
     shall establish within the intelligence community an advisory 
     group to provide information and analysis to Congress upon 
     request, and to appropriate departments and agencies of the 
     Federal Government, on licenses involving the overseas launch 
     of commercial satellites of United States origin.
       (c) Annual Reports on Efforts To Acquire Sensitive United 
     States Technology and Technical Information.--The Director of 
     Central Intelligence shall submit each year to Congress and 
     appropriate officials of the executive branch a report on the 
     efforts of foreign governments and entities during the 
     preceding year to acquire sensitive United States technology 
     and technical information. The report shall include an 
     analysis of the applications for licenses for export that 
     were submitted to the United States during that year.
       (d) Intelligence Community Defined.--In this section, the 
     term ``intelligence community'' has the meaning given that 
     term in section 3(4) of the National Security Act of 1947 (50 
     U.S.C. 401a(4)).

     SEC. 1065. ADHERENCE OF PEOPLE'S REPUBLIC OF CHINA TO MISSILE 
                   TECHNOLOGY CONTROL REGIME.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the President should take all actions appropriate to 
     obtain a bilateral agreement with the People's Republic of 
     China to adhere to the Missile Technology Control Regime 
     (MTCR) and the MTCR Annex; and
       (2) the People's Republic of China should not be permitted 
     to join the Missile Technology Control Regime as a member 
     without having--
       (A) demonstrated a sustained and verified commitment to the 
     nonproliferation of missiles and missile technology; and
       (B) adopted an effective export control system for 
     implementing guidelines under the Missile Technology Control 
     Regime and the MTCR Annex.
       (b) Definitions.--In this section:
       (1) The term ``Missile Technology Control Regime'' means 
     the policy statement, between the United States, the United 
     Kingdom, the Federal Republic of Germany, France, Italy, 
     Canada, and Japan, announced on April 16, 1987, to restrict 
     sensitive missile-relevant transfers based on the MTCR Annex, 
     and any amendments thereto.
       (2) The term ``MTCR Annex'' means the Guidelines and 
     Equipment and Technology Annex of the Missile Technology 
     Control Regime, and any amendments thereto.

     SEC. 1066. UNITED STATES COMMERCIAL SPACE LAUNCH CAPACITY.

       It is the sense of Congress that--
       (1) Congress and the President should work together to 
     stimulate and encourage the expansion of a commercial space 
     launch capacity in the United States, including by taking 
     actions to eliminate legal or regulatory barriers to long-
     term competitiveness in the United States commercial space 
     launch industry; and
       (2) Congress and the President should--
       (A) reexamine the current United States policy of 
     permitting the export of commercial satellites of United 
     States origin to the People's Republic of China for launch;
       (B) review the advantages and disadvantages of phasing out 
     the policy over time, including advantages and disadvantages 
     identified by Congress, the executive branch, the United 
     States satellite industry, the United States space launch 
     industry, the United States telecommunications industry, and 
     other interested persons; and
       (C) if the phase out of the policy is adopted, permit 
     launches of commercial satellites of United States origin by 
     the People's Republic of China only if--
       (i) such launches are licensed as of the commencement of 
     the phase out of the policy; and
       (ii) additional actions are taken to minimize the transfer 
     of technology to the People's Republic of China during the 
     course of such launches.

[[Page S6074]]

     SEC. 1067. ANNUAL REPORTS ON SECURITY IN THE TAIWAN STRAIT.

       (a) In General.--Not later than February 1 of each year, 
     beginning in the first calendar year after the date of 
     enactment of this Act, the Secretary of Defense shall submit 
     to the appropriate congressional committees a report, in both 
     classified and unclassified form, detailing the security 
     situation in the Taiwan Strait.
       (b) Report Elements.--Each report shall include--
       (1) an analysis of the military forces facing Taiwan from 
     the People's Republic of China;
       (2) an evaluation of additions during the preceding year to 
     the offensive military capabilities of the People's Republic 
     of China; and
       (3) an assessment of any challenges during the preceding 
     year to the deterrent forces of the Republic of China on 
     Taiwan, consistent with the commitments made by the United 
     States in the Taiwan Relations Act (Public Law 96-8).
       (c) Appropriate Congressional Committees Defined.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Foreign Relations and the Committee on Armed Services of 
     the Senate and the Committee on International Relations and 
     the Committee on Armed Services of the House of 
     Representatives.

     SEC. 1068. DECLASSIFICATION OF RESTRICTED DATA AND FORMERLY 
                   RESTRICTED DATA.

       Section 3161(b) of the Strom Thurmond National Defense 
     Authorization Act for Fiscal Year 1999 (Public Law 105-261; 
     112 Stat. 2260; 50 U.S.C. 435 note) is amended by adding at 
     the end the following:
       ``(9) The actions to be taken to ensure that records 
     subject to Executive Order No. 12958 that have been released 
     into the public domain since 1995 are reviewed on a page by 
     page basis for Restricted Data or Formerly Restricted Data 
     unless such records have been determined to be highly 
     unlikely to contain Restricted Data or Formerly Restricted 
     Data.''.
       On page 541, line 22, insert ``(A)'' after ``(4)''.
       On page 542, between lines 2 and 3, insert the following:
       (B) The chairman of the Commission may be designated once 
     five members of the Commission have been appointed under 
     paragraph (1).
       On page 542, between lines 11 and 12, insert the following:
       (8) The Commission may commence its activities under this 
     section upon the designation of the chairman of the 
     Commission under paragraph (4).
       On page 546, strike lines 20 through 23.
       On page 547, line 1, strike ``(3)'' and insert ``(2)''.
       On page 564, between lines 17 and 18, insert the following:

     SEC. 3164. CONDUCT OF SECURITY CLEARANCES.

       (a) Responsibility of Federal Bureau of Investigation.--
     Section 145 of the Atomic Energy Act of 1954 (42 U.S.C. 2165) 
     is amended by striking ``the Civil Service Commission'' each 
     place it appears in subsections a., b., and c. and inserting 
     ``the Federal Bureau of Investigation''.
       (b) Conforming Amendments.--That section is further 
     amended--
       (1) by striking subsections d. and f.; and
       (2) by redesignating subsections e., g., and h. as 
     subsections d., e., and f., respectively; and
       (3) in subsection d., as so redesignated, by striking 
     ``determine that investigations'' and all that follows and 
     inserting ``require that investigations be conducted by the 
     Federal Bureau of Investigation of any group or class covered 
     by subsections a., b., and c. of this section.''.
       (c) Technical Amendment.--Subsection f. of that section, as 
     so redesignated, is amended by striking ``section 145 b.'' 
     and inserting ``subsection b. of this section''.

     SEC. 3165. PROTECTION OF CLASSIFIED INFORMATION DURING 
                   LABORATORY-TO-LABORATORY EXCHANGES.

       (a) Provision of Training.--The Secretary of Energy shall 
     ensure that all Department of Energy employees and Department 
     of Energy contractor employees participating in laboratory-
     to-laboratory cooperative exchange activities are fully 
     trained in matters relating to the protection of classified 
     information and to potential espionage and 
     counterintelligence threats.
       (b) Countering of Espionage and Intelligence-Gathering 
     Abroad.--(1) The Secretary shall establish a pool of 
     Department employees and Department contractor employees who 
     are specially trained to counter threats of espionage and 
     intelligence-gathering by foreign nationals against 
     Department employees and Department contractor employees who 
     travel abroad for laboratory-to-laboratory exchange 
     activities or other cooperative exchange activities on behalf 
     of the Department.
       (2) The Secretary shall ensure that at least one employee 
     from the pool established under paragraph (1) accompanies any 
     group of Department employees or Department contractor 
     employees who travel to any nation designated to be a 
     sensitive country by the Secretary of State.
                                 ______
                                 

                  KERRY (AND OTHERS) AMENDMENT NO. 395

  Mr. KERREY (for himself, Mrs. Boxer, Mr. Feingold, Mr. Daschle, Mr. 
Kennedy, and Mr. Biden) proposed an amendment to the bill, S. 1059, 
supra; as follows:

       On page 357, strike line 13 and all that follows through 
     page 358, line 4.
                                 ______
                                 

                 ALLARD (AND OTHERS) AMENDMENT NO. 396

  Mr. ALLARD (for himself, Mr. Harkin, Mr. Sessions, Mr. Stevens, Mr. 
Conrad, Mr. Dorgan, Mr. Cleland, Mr. Craig, Mr. Bingaman, Mr. Bryan, 
Mr. Reid, Mr. Campbell, Mr. Murkowski, Ms. Snowe, Mr. Feingold, Mr. 
Coverdell, and Mr. Grassley) proposed an amendment to the bill, S. 
1059, supra; as follows:

       Strike section 904, and insert the following:

     SEC. 904. MANAGEMENT OF THE CIVIL AIR PATROL.

       (a) Sense of Congress.--It is the sense of Congress that no 
     major change to the governance structure of the Civil Air 
     Patrol should be mandated by Congress until a review of 
     potential improvements in the management and oversight of 
     Civil Air Patrol operations is conducted.
       (b) GAO Study.--The Comptroller General shall conduct a 
     study of potential improvements to Civil Air Patrol 
     operations, including Civil Air Patrol financial management, 
     Air Force and Civil Air Patrol oversight, and the Civil Air 
     Patrol safety program. Not later than February 15, 2000, the 
     Inspector General shall submit a report on the results of the 
     study to the congressional defense committees.
       (c) Inspector General Review.--(1) The Inspector General of 
     the Department of Defense shall review the financial and 
     management operations of the Civil Air Patrol. The review 
     shall include an audit.
       (2) Not later than February 15, 2000, the Inspector General 
     shall submit to the congressional defense committees a report 
     on the review, including, specifically, the results of the 
     audit. The report shall include any recommendations that the 
     Inspector General considers appropriate regarding actions 
     necessary to ensure the proper oversight of the financial and 
     management operations of the Civil Air Patrol.
                                 ______
                                 

                 MURRAY (AND OTHERS) AMENDMENT NO. 397

  Mrs. MURRAY (for herself, Ms. Snowe, Ms. Mikulski, Mrs. Boxer, Ms. 
Landrieu, Mr. Kerrey, Mr. Schumer, Mr. Inouye, Mr. Kennedy, Mr. 
Jeffords, and Mr. Robb) proposed an amendment to the bill, S. 1059, 
supra; as follows:

       In title VII, at the end of subtitle B, add the following:

     SEC. 717. RESTORATION OF PREVIOUS POLICY REGARDING 
                   RESTRICTIONS ON USE OF DEPARTMENT OF DEFENSE 
                   MEDICAL FACILITIES.

       Section 1093 of title 10, United States Code, is amended--
       (1) by striking subsection (b); and
       (2) in subsection (a), by striking ``(a) Restriction on Use 
     of Funds.--''.
                                 ______
                                 

                  HARKIN (AND BOXER) AMENDMENT NO. 398

  (Ordered to lie on the table.)
  Mr. HARKIN (for himself, and Mrs. Boxer) submitted an amendment 
intended to be proposed by them to the bill, S. 1059, supra; as 
follows:

       In title VI, at the end of subtitle E, add the following:

     SEC. 676. IMPLEMENTATION OF THE SPECIAL SUPPLEMENTAL 
                   NUTRITION PROGRAM.

       (a) Clarification of Benefits Responsibility.--Subsection 
     (a) of section 1060a of title 10, United States Code, is 
     amended by striking ``may carry out a program to provide 
     special supplemental food benefits'' and inserting ``shall 
     carry out a program to provide supplemental foods and 
     nutrition education''.
       (b) Funding.--Subsection (b) of such section is amended to 
     read as follows:
       ``(b) Federal Payments.--The Secretary of Defense shall use 
     funds available for the Department of Defense to provide 
     supplemental foods and nutrition education and to pay for 
     costs for nutrition services and administration under the 
     program required under subsection (a).''.

[[Page S6075]]

       (c) Program Administration.--Subsection (c)(1)(A) of such 
     section is amended by adding at the end the following: ``In 
     the determining of eligibility for the program benefits, a 
     person already certified for participation in the special 
     supplemental nutrition program for women, infants, and 
     children under section 17 of the Child Nutrition Act of 1996 
     (42 U.S.C. 1786) shall be considered eligible for the 
     duration of the certification period under that program.''.
       (d) Nutritional Risk Standards.--Subsection (c)(1)(B) of 
     such section is amended by inserting ``and nutritional risk 
     standards'' after ``income eligibility standards''.
       (e) Definitions.--Subsection (f) of such section is amended 
     by adding at the end the following:
       ``(4) The terms `costs for nutrition services and 
     administration', `nutrition education' and `supplemental 
     foods' have the meanings given the terms in paragraphs (4), 
     (7), and (14), respectively, of section 17(b) of the Child 
     Nutrition Act of 1966 (42 U.S.C. 1786(b)).''.
       On page 17, line 6, reduce the amount by $18,000,000.
                                 ______
                                 

                HARKIN (AND FEINGOLD) AMENDMENT NO. 399

  (Ordered to lie on the table.)
  Mr. HARKIN (for himself and Mr. Feingold) submitted an amendment 
intended to be proposed by them to the bill, S. 1059, supra; as 
follows:

       In title V, at the end of subtitle D, add the following:

     SEC. 552. ELIMINATION OF BACKLOG IN REQUESTS FOR REPLACEMENT 
                   OF MILITARY MEDALS AND OTHER DECORATIONS.

       (a) Sufficient Resourcing Required.--The Secretary of 
     Defense shall make available funds and other resources at the 
     levels that are necessary for ensuring the elimination of the 
     backlog of the unsatisfied requests made to the Department of 
     Defense for the issuance or replacement of military 
     decorations for former members of the Armed Forces. The 
     organizations to which the necessary funds and other 
     resources are to be made available for that purpose are as 
     follows:
       (1) The Army Reserve Personnel Command.
       (2) The Bureau of Naval Personnel.
       (3) The Air Force Personnel Center.
       (4) The National Archives and Records Administration
       (b) Condition.--The Secretary shall allocate funds and 
     other resources under subsection (a) in a manner that does 
     not detract from the performance of other personnel service 
     and personnel support activities within the Department of 
     Defense.
       (c) Report.--Not later than 45 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to Congress a report on the status of the backlog described 
     in subsection (a). The report shall include a plan for 
     eliminating the backlog.
       (d) Replacement Decoration Defined.--For the purposes of 
     this section, the term ``decoration'' means a medal or other 
     decoration that a former member of the Armed Forces was 
     awarded by the United States for military service of the 
     United States.
                                 ______
                                 

                 GORTON (AND MURRAY) AMENDMENT NO. 400

  (Ordered to lie on the table.)
  Mr. GORTON (for himself and Mrs. Murray) submitted an amendment 
intended to be proposed by them to the bill, S. 1059, supra; as 
follows:

       In title VII, at the end of subtitle A, add the following:

     SEC. 705. CONTINUOUS OPEN ENROLLMENT IN MANAGED CARE PLANS OF 
                   THE FORMER UNIFORMED SERVICES TREATMENT 
                   FACILITIES

       Section 724 of the National Defense Authorization Act for 
     Fiscal Year 1997 (Public Law 104-201; 10 U.S.C. 1073 note) is 
     amended by adding at the end the following:
       ``(g) Continuous Open Enrollment.--Covered beneficiaries 
     shall be permitted to enroll at any time in a managed care 
     plan offered by the designated providers consistent with the 
     enrollment requirements for the TRICARE Prime option under 
     the TRICARE program.''.
                                 ______
                                 

                   BOND (AND KERRY) AMENDMENT NO. 401

  (Ordered to lie on the table.)
  Mr. BOND (for himself and Mr. Kerry) submitted an amendment intended 
to be proposed by them to the bill, S. 1059, supra; as follows:

       Strike section 805.
                                 ______
                                 

                        ALLARD AMENDMENT NO. 402

  (Ordered to lie on the table.)
  Mr. ALLARD submitted an amendment intended to be proposed by him to 
the bill, S. 1059, supra; as follows:

       On page 578, below line 21, add the following:

     SEC. 3179. USE OF 9975 CANISTERS FOR SHIPMENT OF WASTE FROM 
                   ROCKY FLATS ENVIRONMENTAL TECHNOLOGY SITE, 
                   COLORADO.

       (a) Approval or Denial of Use.--Not later than 30 days 
     after the date of the enactment of this Act, the Secretary of 
     Energy shall either grant or deny approval for the use of 
     9975 canisters for the shipment of waste from the Rocky Flats 
     Environmental Technology Site, Colorado.
       (b) Alternative Means of Shipment of Waste.--(1) If 
     approval of the use of 9975 canisters for the shipment of 
     waste from the Rocky Flats Environmental Technology Site is 
     denied under subsection (a), the Secretary shall identify an 
     alternative to 9975 canisters for use for the shipment of 
     waste from the Rocky Flats Environmental Technology Site.
       (2) The alternative under paragraph (1) shall be identified 
     not later than 10 days after the date of the denial of 
     approval under subsection (a).
       (3) The alternative identified for purposes of paragraph 
     (1) shall be available for use at the time of its 
     identification for purposes of that paragraph, without need 
     for any further approval.
       (c) Costs.--Amounts to cover any costs associated with the 
     identification of an alternative under subsection (b), and 
     any costs associated with delays in the shipment of waste 
     from Rocky Flats Environmental Technology Site as a result of 
     delays in approval, shall be subtracted from amounts 
     appropriated for travel by the Secretary of Energy.
                                 ______
                                 

                        BOXER AMENDMENT NO. 403

  (Ordered to lie on the table.)
  Mrs. BOXER submitted an amendment intended to be proposed by her to 
the bill S. 1059 supra; as follows:

       In title X, at the end of subtitle A, add the following:

     SEC. 10  . TRANSFERS FOR THE ESTABLISHMENT OF ADDITIONAL 
                   NATIONAL VETERANS CEMETERIES.

       (a) Authority.--Of the amounts appropriated for the 
     Department of Defense for fiscal year 2000 pursuant to 
     authorizations of appropriations in this Act, the Secretary 
     of Defense shall transfer $100,000,000 to the Department of 
     Veterans Affairs. The Secretary shall select the source of 
     the funds for transfer under this subsection, and make the 
     transfers in a manner that causes the least significant harm 
     to the readiness of the Armed Forces, does not affect the 
     increases in pay and other benefits for Armed Forces 
     personnel, and does not otherwise adversely affect the 
     quality of life of such personnel and their families.
       (b) Use of Amounts Transferred.--Funds transferred to the 
     Department of Veterans Affairs under subsection (a) shall be 
     made available to establish, in accordance with chapter 24 of 
     the title 38, United States Code, national cemeteries in 
     areas in the United States that the Secretary of Veterans 
     Affairs determines to be most in need of such cemeteries to 
     serve the needs of veterans and their families.
       (c) Relationship to Other Transfer Authority.--The 
     authority to make transfers under subsection (a) is in 
     addition to the transfer authority provided in section 1001.
                                 ______
                                 

                  SMITH (AND WYDEN) AMENDMENT NO. 404

  (Ordered to lie on the table.)
  Mr. SMITH of Oregon (for himself and Mr. Wyden) submitted an 
amendment intended to be proposed by them to the bill, S. 1059, supra; 
as follows:

       On page 404, below line 22, add the following:

            TITLE XIII--CHEMICAL DEMILITARIZATION ACTIVITIES

     SEC. 1301. SHORT TITLE.

       This title may be cited as the ``Community-Army Cooperation 
     Act of 1999''.

     SEC. 1302. FINDINGS AND PURPOSE.

       (a) Findings.--Congress makes the following findings:
       (1) Between 1945 and 1989, the national security interests 
     of the United States required the construction, and later, 
     the deployment and storage of weapons of mass destruction 
     throughout the geographical United States.
       (2) The United States is a party to international 
     commitments and treaties which require the decommissioning or 
     destruction of certain of these weapons.
       (3) The United States has ratified the Chemical Weapons 
     Convention which requires the destruction of the United 
     States chemical weapons stockpile by April 29, 2007.
       (4) Section 1412 of the Department of Defense Authorization 
     Act, 1986 (50 U.S.C. 1521) provides that the Department of 
     the Army shall be the executive agent for the destruction of 
     the chemical weapons stockpile.
       (5) In 1988, the Department of the Army determined that on-
     site incineration of chemical weapons at the eight chemical 
     weapons storage locations in the continental United States 
     would provide the safest and most efficient means for the 
     destruction of the chemical weapons stockpile.
       (6) The communities in the vicinity of such locations have 
     expressed concern over the safety of the process to be used 
     for the incineration of the chemical weapons stockpile.
       (7) Sections 174 and 175 of the National Defense 
     Authorization Act for Fiscal Year 1993 (Public Law 102-484) 
     and section 8065 of the Department of Defense Appropriations 
     Act, 1997 (Public Law 104-208) require that the Department of 
     the Army explore methods other than incineration for the 
     destruction of the chemical weapons stockpile.
       (8) Compliance with the 2007 deadline for the destruction 
     of the United States chemical weapons stockpile in accordance 
     with

[[Page S6076]]

     the Chemical Weapons Convention will require an accelerated 
     decommissioning and transporting of United States chemical 
     weapons.
       (9) The decommissioning or transporting of such weapons has 
     caused, or will cause, environmental, economic, and social 
     disruptions.
       (10) It is appropriate for the United States to mitigate 
     such disruptions.
       (b) Purpose.--It is the purpose of this title to provide 
     for the mitigation of the environmental, economic, and social 
     disruptions to communities and Indian tribes resulting from 
     the onsite decommissioning of chemical agents and munitions, 
     and related materials, at chemical demilitarization 
     facilities in the United States.

     SEC. 1303. SENSE OF CONGRESS.

       It is the sense of Congress that the Secretary of Defense 
     and the Secretary of the Army should streamline the 
     administrative structure of the Department of Defense and the 
     Department of the Army, respectively, in order that the 
     officials within such departments with immediate 
     responsibility for the demilitarization of chemical agents 
     and munitions, and related materials, have authority--
       (1) to meet the April 29, 2007, deadline for the 
     destruction of United States chemical weapon stockpile as 
     required by the Chemical Weapons Convention; and
       (2) to employ sound management principles, including the 
     negotiation and implementation of contract incentives, to--
       (A) accelerate the decommissioning of chemical agents and 
     munitions, and related materials; and
       (B) enforce budget discipline on the chemical 
     demilitarization program of the United States while 
     mitigating the disruption to communities and Indian tribes 
     resulting from the onsite decommissioning of the chemical 
     weapons stockpile at chemical demilitarization facilities in 
     the United States.

     SEC. 1304. DECOMMISSIONING OF UNITED STATES CHEMICAL WEAPONS 
                   STOCKPILE.

       (a) In General.--As executive agent for the chemical 
     demilitarization program of the United States, the Department 
     of the Army shall facilitate, expedite, and accelerate the 
     decommissioning of the United States chemical weapons 
     stockpile so as to complete the decommissioning of that 
     stockpile by April 29, 2007, as required by the Chemical 
     Weapons Convention.
       (b) Management within Department of the Army.--The 
     Secretary of the Army shall designate or establish in the 
     Office of the Secretary of the Army an office to facilitate 
     compliance with the requirements in subsection (a).
       (c) Responsibilities of Office.--The office designated or 
     established under subsection (b) shall have the following 
     responsibilities:
       (1) To provide oversight and policy guidance to the 
     Department of the Army on issues relating to compliance with 
     the requirements in subsection (a).
       (2) Except as provided in section 1305, to allocate within 
     the Department amounts appropriated for the Department for 
     chemical demilitarization activities.
       (3) To negotiate, renegotiate, and execute contracts, 
     including performance-based contracts and incentive-based 
     contracts, with nongovernmental entities.
       (4) To negotiate and execute agreements, including 
     incentive-based agreements, with other departments, agencies, 
     and instrumentalities of the United States.
       (5) To delegate authority and functions to other 
     departments, agencies, and instrumentalities of the United 
     States.
       (6) To negotiate and execute agreements with the chief 
     executive officers of the States.
       (7) Such other responsibilities as the Secretary considers 
     appropriate.

     SEC. 1305. ECONOMIC ASSISTANCE PAYMENTS.

       (a) In General.--Upon the direction of the Secretary of the 
     Army, the Comptroller of the Army may make economic 
     assistance payments to communities and Indian tribes directly 
     affected by the decommissioning of chemical agents and 
     munitions, and related materials, at chemical 
     demilitarization facilities in the United States.
       (b) Source of Payments.--Amounts for payments under this 
     section shall be derived from appropriations available to the 
     Department of the Army for chemical demilitarization 
     activities.
       (c) Total Amount of Payments.--(1) Subject to paragraph 
     (2), the aggregate amount of payments under this section with 
     respect to a chemical demilitarization facility during the 
     period beginning on the date of the enactment of this Act and 
     ending on April 29, 2007, may not be less than $50,000,000 or 
     more than $60,000,000.
       (2) Payments under this section shall cease with respect to 
     a facility upon the transfer of the facility to a State-
     chartered municipal corporation pursuant to an agreement 
     referred to in section 1412(c)(2)(B) of the Department of 
     Defense Authorization Act, 1986, as amended by section 1306 
     of this Act.
       (d) Date of Payment.--(1) Payments under this section with 
     respect to a chemical demilitarization facility shall be made 
     on March 1 and September 2 each year if the decommissioning 
     of chemical agents and munitions, and related materials, 
     occurs at the facility during the applicable payment period 
     with respect to such date.
       (2) For purposes of this section, the term ``applicable 
     payment period'' means--
       (A) in the case of a payment to be made on March 1 of a 
     year, the period beginning on July 1 and ending on December 
     31 of the preceding year; and
       (B) in the case of a payment to be made on September 2 of a 
     year, the period beginning on January 1 and ending on June 30 
     of the year.
       (e) Allocation of Payment--(1) Except as provided in 
     paragraph (2), each payment under this section with respect 
     to a chemical demilitarization facility shall be allocated 
     equally among the communities and Indian tribes that are 
     located within the positive action zone of the facility, as 
     determined by population.
       (2) The amount of an allocation under this subsection to a 
     community or Indian tribe shall be reduced by the amount of 
     any tax or fee imposed or assessed by the community or Indian 
     tribe during the applicable payment period against the value 
     of the facility concerned or with respect to the storage or 
     decommissioning of chemical agents and munitions, or related 
     materials, at the facility.
       (f) Computation of Payment.--(1) Except as provided in 
     paragraph (2), the amount of each payment under this section 
     with respect to a chemical demilitarization facility shall be 
     the amount equal to $10,000 multiplied by the number of tons 
     of chemical agents and munitions, and related materials, 
     decommissioned at the facility during the applicable payment 
     period.
       (2)(A) If at the conclusion of the decommissioning of 
     chemical agents and munitions, and related materials, at a 
     facility the aggregate amount of payments made with respect 
     to the facility is less than the minimum amount required by 
     subsection (c)(1), unless payments have ceased with respect 
     to the facility under subsection (c)(2), the amount of the 
     final payment under this section shall be the amount equal to 
     the difference between such aggregate amount and the minimum 
     amount required by subsection (c)(1).
       (B) This paragraph shall not apply with respect to a 
     facility if the decommissioning of chemical agents and 
     munitions, and related materials, continues at the facility 
     after April 29, 2007.
       (g) Interest on Untimely Payments.--(1) Any payment that is 
     made under this section for an applicable payment period 
     after the date specified for that period in subsection (d) 
     shall include, in addition to the payment amount otherwise 
     provided for under this section, interest at the rate of 1.5 
     percent per month.
       (2) Amounts for payments of interest under this paragraph 
     shall be derived from amounts available for the Department of 
     Defense, other than amounts available for chemical 
     demilitarization activities.
       (h) Use of Payments.--A community or Indian tribe receiving 
     a payment under this section may utilize amounts of the 
     payment for such purposes as the community or Indian tribe, 
     as the case may be, considers appropriate in its sole 
     discretion.

     SEC. 1306. ENVIRONMENTAL PROTECTION AND USE OF FACILITIES.

       Paragraph (2) of section 1412(c) of the Department of 
     Defense Authorization Act, 1986 (50 U.S.C. 1521(c)) is 
     amended to read as follows:
       ``(2)(A) Facilities constructed to carry out this section 
     may not be used for any other purpose than the destruction of 
     the following:
       ``(i) The United States stockpile of lethal chemical agents 
     and munitions that exist on November 8, 1985.
       ``(ii) Any items designated by the Secretary of Defense 
     after that date to be lethal chemical agents and munitions, 
     or related materials.
       ``(B) Facilities constructed to carry out this section 
     shall, when no longer needed for the purposes for which they 
     were constructed, be disposed of in accordance with 
     agreements between the office designated or established under 
     section 1304(b) of the National Defense Authorization Act for 
     Fiscal Year 2000 and the chief executive officer of the State 
     in which the facilities are located.
       ``(C) An agreement referred to in subparagraph (B) that 
     provides for the transfer of facilities from the United 
     States to a State-chartered municipal corporation shall 
     include provisions as follows:
       ``(i) That any profits generated by the corporation from 
     the use of such facilities shall be used exclusively for the 
     benefit of communities and Indian tribes located within the 
     positive action zone of such facilities, as determined by 
     population.
       ``(ii) That any profits referred to in clause (i) shall be 
     apportioned among the communities and Indian tribes concerned 
     on the basis of population, as determined by the most recent 
     decennial census.
       ``(iii) That the transfer of such facilities shall include 
     any lands extending 50 feet in all directions from such 
     facilities.
       ``(iv) That the transfer of such facilities include any 
     easements necessary for reasonable access to such facilities.
       ``(D) An agreement referred to in subparagraph (B) may not 
     take effect if executed after December 31, 2000.''.

     SEC. 1307. ACTIONS REGARDING ACTIVITIES AT CHEMICAL 
                   DEMILITARIZATION FACILITIES.

       (a) Limitation on Jurisdiction.--(1) An action seeking the 
     cessation of the construction, operation, or demolition of a 
     chemical demilitarization facility in the United States may 
     be commenced only in a district court of the United States.
       (2) No administrative office exercising quasi-judicial 
     powers, and no court of any State, may order the cessation of 
     the construction, operation, or demolition of a

[[Page S6077]]

     chemical demilitarization facility in the United States.
       (b) Limitations on Standing.--(1)(A) Except as provided in 
     paragraph (2), as of a date specified in subparagraph (B), no 
     person shall have standing to bring an action against the 
     United States relating to the decomissioning of chemical 
     agents and munitions, and related materials, at a chemical 
     demilitarization facility except--
       (i) the State in which the facility is located; or
       (ii) a community or Indian tribe located within 2 miles of 
     the facility.
       (B) A date referred to in this subparagraph for a chemical 
     demilitarization facility is the earlier of--
       (i) the date on which the first payment is made with 
     respect to the facility under section 1305; or
       (ii) the date on which an agreement referred to in section 
     1412(c)(2)(B) of the Department of Defense Authorization Act, 
     1986, as amended by section 1306 of this Act, becomes 
     effective for the facility in accordance with the provisions 
     of such section 1412(c)(2)(B).
       (2) Paragraph (1) shall not apply in the case of an action 
     by a State, community, or Indian tribe to determine whether 
     the State, community, or Indian tribe, as the case may be, 
     has a legal or equitable interest in the facility concerned.
       (c) Interim Relief.--(1) During the pendency of an action 
     referred to in subsection (a), a district court of the United 
     States may issue a temporary restraining order against the 
     ongoing construction, operation, or demolition of a chemical 
     demilitarization facility if the petitioner proves by clear 
     and convincing evidence that the construction, operation, or 
     demolition of the facility, as the case may be, is will cause 
     demonstrable harm to the public, the environment, or the 
     personnel who are employed at the facility.
       (2) The Secretary of Defense or the Secretary of the Army 
     may appeal immediately any temporary restraining order issued 
     under paragraph (1) to the court of appeals of the United 
     States.
       (d) Standards To Be Employed in Actions.--In considering an 
     action under this section, including an appeal from an order 
     under subsection (c), the courts of the United States shall--
       (1) treat as an irrebuttable presumption the presumption 
     that any activities at a chemical demilitarization facility 
     that are undertaken in compliance with standards of the 
     Department of Health and Human Services, the Department of 
     Transportation, or the Environmental Protection Agency 
     relating to the safety of the public, the environment, and 
     personnel at the facility will provide maximum safety to the 
     public, environment, and such personnel; and
       (2) in the case of an action seeking the cessation of 
     construction or operation of a facility, compare the benefit 
     to be gained by granting the specific relief sought by the 
     petitioner against with the increased risk, if any, to the 
     public, environment, or personnel at the facility that would 
     result from deterioration of chemical agents and munitions, 
     or related materials, during the cessation of the 
     construction or operation.
       (e) Participation in Actions as Bar to Payments.--(1) No 
     community or Indian tribe which participates in any action 
     the result of which is to defer, delay, or otherwise impede 
     the decommissioning of chemical agents and munitions, or 
     related materials, in a chemical demilitarization facility 
     may receive any payment or portion thereof made with respect 
     to the facility under section 1305 while so participating in 
     such action.
       (f) Impleading of Contractors.--(1) The Department of the 
     Army may, in an action with respect to a chemical 
     demilitarization facility, implead a nongovernmental entity 
     having contractual responsibility for the decommissioning of 
     chemical agents and munitions, or related materials, at the 
     facility for purposes of determining the responsibility of 
     the entity for any matters raised by the action.
       (2)(A) A court of the United States may assess damages 
     against a nongovernmental entity impleaded under paragraph 
     (1) for acts of commission or omission of the entity that 
     contribute to the failure of the United States to 
     decommission chemical agents and munitions, and related 
     materials, at the facility concerned by April 29, 2007, in 
     accordance with the Chemical Weapons Convention.
       (B) The damages assessed under subparagraph (A) may include 
     the imposition of liability on an entity for any payments 
     that would otherwise be required of the United States under 
     section 1305 with respect to the facility concerned.

     SEC. 1308. DEFINITIONS.

       In this title:
       (1) Chemical agent and munition.--The term ``chemical agent 
     and munition'' has the meaning given that term in section 
     1412(j)(1) of the Department of Defense Authorization Act, 
     1986 (50 U.S.C. 1521(j)(1)).
       (2) Chemical weapons convention.--The term ``Chemical 
     Weapons Convention'' means the Convention on the Prohibition 
     of the Development, Production, Stockpiling, and Use of 
     Chemical Weapons and on Their Destruction, opened for 
     signature on January 13, 1993.
       (3) Community.--The term ``community'' means a country, 
     parish, or other unit of local government.
       (4) Decommission.--The term ``decommission'', with respect 
     to a chemical agent and munition, or related material, means 
     the destruction, dismantlement, demilitarization, or other 
     physical act done to the chemical agent and munition, or 
     related material, in compliance with the Chemical Weapons 
     Convention or the provisions of section 1412 of the 
     Department of Defense Authorization Act, 1986 (50 U.S.C. 
     1521).
       (5) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4(e) of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     450b(e)).
                                 ______
                                 

                  SMITH (AND OTHERS) AMENDMENT NO. 405

  Mr. SMITH of New Hampshire (for himself, Mr. Frist, Mr. Bond, Ms. 
Landrieu, Mr. Robb, Mr. Hagel, Mr. Breaux, Mr. Torricelli, Mr. Helms, 
Mr. Inhofe, Mr. Durbin, and Mr. Edwards) proposed an amendment to the 
bill, S. 1059, supra; as follows:

       In title X, at the end of subtitle D, add the following:

     SEC. 1061. SENSE OF CONGRESS REGARDING THE U.S.S. 
                   INDIANAPOLIS.

       (a) Court-Martial Conviction of Last Commander.--It is the 
     sense of Congress that--
       (1) the court-martial charges against then-Captain Charles 
     Butler McVay III, United States Navy, arising from the 
     sinking of the U.S.S. INDIANAPOLIS (CA-35) on July 30, 1945, 
     while under his command were not morally sustainable;
       (2) Captain McVay's conviction was a miscarriage of justice 
     that led to his unjust humiliation and damage to his naval 
     career; and
       (3) the American people should now recognize Captain 
     McVay's lack of culpability for the tragic loss of the U.S.S. 
     INDIANAPOLIS and the lives of the men who died as a result of 
     her sinking.
       (b) Presidential Unit Citation for Final Crew.--(1) It is 
     the sense of Congress that the President should award a 
     Presidential Unit Citation to the final crew of the U.S.S. 
     INDIANAPOLIS (CA-35) in recognition of the courage and 
     fortitude displayed by the members of that crew in the face 
     of tremendous hardship and adversity after their ship was 
     torpedoed and sunk on July 30, 1945.
       (2) A citation described in paragraph (1) may be awarded 
     without regard to any provision of law or regulation 
     prescribing a time limitation that is otherwise applicable 
     with respect to recommendation for, or the award of, such a 
     citation.
                                 ______
                                 

                  SMITH (AND OTHERS) AMENDMENT NO. 406

  Mr. SMITH of New Hampshire (for himself, Mr. Sessions, Mr. Allard, 
Mr. Craig, Mr. Inhofe, and Mr. Hutchinson) proposed an amendment to the 
bill S. 1059, supra; as follows:

       In title X, at the end of subtitle D, add the following new 
     section:

     SEC. __. RESTRICTION ON USE OF FUNDS FOR MILITARY OPERATIONS 
                   IN THE FEDERAL REPUBLIC OF YUGOSLAVIA (SERBIA 
                   AND MONTENEGRO).

       (a) In General.--Except as provided in subsection (b), none 
     of the funds available to the Department of Defense 
     (including prior appropriations) may be used for the purpose 
     of conducting military operations by the Armed Forces of the 
     United States in the Federal Republic of Yugoslavia (Serbia 
     and Montenegro) unless Congress first enacts a law containing 
     specific authorization for the conduct of those operations.
       (b) Exceptions.--Subsection (a) shall not apply to--
       (1) any intelligence or intelligence-related activity or 
     surveillance or the provision of logistical support; or
       (2) any measure necessary to defend the Armed Forces of the 
     United States against an immediate threat.
       (c) Effective Date.--This section shall take effect on 
     October 1, 1999.

                          ____________________