Volume 142, No. 92 covering the 2nd Session of the 104th Congress (1995 - 1996) was published by the Congressional Record.
The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1997” mentioning the Environmental Protection Agency was published in the Senate section on pages S6614-S6616 on June 20, 1996.
The publication is reproduced in full below:
THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1997
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CRAIG (AND OTHERS) AMENDMENT NO 4085
Mr. CRAIG (for himself, Mr. Kempthorne, Mr. Domenici, Mr. Bingaman, Mr. Murkowski, and Mr. Johnston) proposed an amendment to the bill, S. 1745, supra; as follows:
On page 446, after line 12, insert the following subtitle:
Subtitle E.--Waste Isolation Pilot Plant Land Withdrawal Act
Amendments.''
SECTION 1. SHORT TITLE AND REFERENCE.
(a) Short Title.--This Act may be cited as the ``Waste Isolation Pilot Plant Land Withdrawal Amendment Act''.
(b) Reference.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Waste Isolation Pilot Plant Land Withdrawal Act (Public Law 102-579).
SEC. 2. DEFINITIONS.
Paragraphs (18) and (19) of section 2 are repealed.
SEC. 3. TEST PHASE AND RETRIEVAL PLANS.
Section 5 and the item relating to such section in the table of contents are repealed.
SEC. 4. MANAGEMENT PLAN.
Section 4(b)(5)(B) is amended by striking ``or with the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.)''.
SEC. 5. TEST PHASE ACTIVITIES.
Section 6 is amended--
(1) by repealing subsections (a) and (b),
(2) by repealing paragraph (1) of subsection (c),
(3) by redesignating subsection (c) as subsection (a) and in that subsection--
(A) by repealing subparagraph (A) of paragraph (2),
(B) by striking the subsection heading and the matter immediately following the subsection heading and inserting
``Study.--The following study shall be conducted:'',
(C) by striking ``(2) Remote-handled waste.--'',
(D) by striking ``(B) Study.--'',
(E) by redesignating clauses (i), (ii), and (iii) as paragraphs (1), (2), and (3), respectively, and
(F) by realigning the margins of such clauses to be margins of paragraphs,
(5) in subsection (d), by striking ``, during the test phase, a biennial'' and inserting ``a'' and by striking ``, consisting of a documented analysis of'' and inserting ``as necessary to demonstrate'', and
(6) by redesignating subsection (d) as subsection (b).
SEC. 6. DISPOSAL OPERATIONS.
Section 7(b) is amended to read as follows:
``(b) Requirements for Commencement of Disposal Operations.--The Secretary may commence emplacement of transuranic waste underground for disposal at WIPP only upon completion of--
``(1) the Administrator's certification under section 8(d)(1) that the WIPP facility will comply with the final disposal regulations;
``(2) the acquisition by the Secretary (whether by purchase, condemnation, or otherwise) of Federal Oil and Gas Leases No. NMNM 02953 and No. NMNM 02953C, unless the Administrator determines, under section 4(b)(5), that such acquisition is not required; and,
``(3) the expiration of the 30-day period beginning on the date on which the Secretary notifies Congress that the requirements of section 9(a)(1) have been met.''.
SEC. 7. ENVIRONMENTAL PROTECTION AGENCY DISPOSAL REGULATIONS.
(a) Section 8(d)(1).--Section 8(d)(1) is amended--
(1) by amended subparagraph (A) to read as follows:
``(A) Application for compliance.--Within 30 days after the date of the enactment of the Waste Isolation Pilot Plant Land Withdrawal Amendment Act, the Secretary shall provide to Congress a schedule for the incremental submission of chapters of the application to the Administrator beginning no later than 30 days after such date. The Administrator shall review the submitted chapters and provide requests for additional information from the Secretary as needed for completeness within 45 days of the receipt of each chapter. The Administrator shall notify Congress of such requests. The schedule shall call for the Secretary to submit all chapters to the Administrator no later than October 31, 1996. The Administrator may at any time request additional information from the Secretary as needed to certify, pursuant to subparagraph (B), whether the WIPP facility will comply with the final disposal regulations.''; and
(2) in subparagraph (D), by striking ``after the application is'' and inserting ``after the full application has been''.
(b) Section 8(d)(2), (3).--Section 8(d) is amended by striking paragraphs (2) and (3), by striking ``(1) Compliance with disposal regulations.--'', and by redesignating subparagraphs (A), (B), (C), and (D) of paragraph (1) as paragraph (1), (2), (3), and (4), respectively.
(c) Section 8(g).--Section 8(g) is amended to read as follows:
``(G) Engineered and Natural Barriers, Etc.--The Secretary shall use both engineered and natural barriers and any other measures (including waste form modifications) to the extent necessary at WIPP to comply with the final disposal regulations.''.
SEC. 8. COMPLIANCE WITH ENVIRONMENTAL LAWS AND REGULATIONS.
(a) Section 9(a)(1).--Section 9(a)(1) is amended by adding after and below subparagraph (H) the following: ``With respect to transuranic mixed waste designated by the Secretary for disposal at WIPP, such waste is exempt from treatment standards promulgated pursuant to section 3004(m) of the Solid Waste Disposal Act (42 U.S.C. Sec. 6924(m)) and shall not be subject to the land disposal prohibitions in section 3004(d), (e), (f), and (g) of the Solid Waste Disposal Act.''.
(b) Section 9(b).--Subsection (b) of section 9 is repealed.
(c) Section 9(c)(2).--Subsection (c)(2) of section 9 is repealed.
(d) Section 14.--Section 14 is amended--
(1) in subsection (a), by striking ``No provision'' and inserting ``Except for the exemption from the land disposal restrictions described in section 9(a)(1), no provision''; and
(2) in subsection (b)(2), by striking ``including all terms and conditions of the No-Migration Determination'' and inserting ``except that the transuranic mixed waste designated by the Secretary for disposal at WIPP is exempt from the land disposal restrictions described in section 9(a)(1)''.
SEC. 9. RETRIEVABILITY.
(a) Section 10.--Section 10 is amended to read as follows:
``SEC. 10. TRANSURANIC WASTE.
``It is the intent of Congress that the Secretary will complete all actions required under section 7(b) to commence emplacement of transuranic waste underground for disposal at WIPP no later than November 30, 1997.''.
(b) Conforming Amendment.--The item relating to section 10 in the table of contents is amended to read as follows:
``Sec. 10. Transuranic waste.''.
SEC. 10. DECOMMISSIONING OF WIPP
Section 13 is amended--
(1) by repealing subsection (a), and
(2) in subsection (b), by striking ``(b) Management Plan for the Withdrawal After Decommissioning.--Within 5 years after the date of the enactment of this Act, the'' and inserting ``The''.
SEC. 11. ECONOMIC ASSISTANCE AND MISCELLANEOUS PAYMENTS.
(a) Section 15(a) is amended by adding at the end the following: ``An appropriation to the State shall be in addition to any appropriation for WIPP.''.
(b) $20,000,000 is authorized to be appropriated in fiscal year 1997 to the Secretary for payment to the State of New Mexico for road improvements in connection with the WIPP.
______
HATFIELD (AND WYDEN) AMENDMENT NO. 4086
(Ordered to lie on the table.)
Mr. HATFIELD (for himself and Mr. Wyden) submitted an amendment intended to be proposed by them to the bill, S. 1745, supra; as follows:
At the end of subtitle D of title XXXI, add the following:
SEC. 3161. PARTICIPATION OF STATE OF OREGON IN REMEDIAL
ACTIONS AT HANFORD RESERVATION, WASHINGTON.
(a) Participation.--For purposes of remedial actions at the Hanford Reservation, Washington, under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), the State of Oregon shall also be treated as the State in which Hanford Reservation is located under subparagraphs (D), (E), (G), and (H) of section 121(f)(1) of that Act (42 U.S.C. 9621(f)(1)).
(b) Memorandum of Understanding.--The State of Oregon may enter into a memorandum of understanding with the State of Washington, the Site Manager of the Hanford Reservation, and the Administrator of the Environmental Protection Agency in order to address issues of mutual concern to such States regarding the Hanford Reservation. The entry into such a memorandum shall not delay the implementation of section 121 of that Act with respect to the Hanford Reservation.
______
HATFIELD AMENDMENTS NOS. 4087-4088
(Ordered to lie on the table.)
Mr. HATFIELD submitted two amendments intended to be proposed by him to the bill, S. 1745, supra; as follows:
Amendment No. 4087
At the end of subtitle D of title X add the following:
SEC. 1044. DEMOCRACY STABILIZATION FINANCIAL ASSISTANCE
PROGRAM.
(a) Establishment.--The Secretary of Defense shall establish a program to support the strengthening of constitutional democracy in established and emerging democracies throughout the world through the awarding of grants for support of programs for the promotion of education in civics and government in the democratic tradition.
(b) Programs Supported.--The Secretary may award a grant to an organization for support of a 5-year program conducted by that organization that promotes cooperation in civics and government education by educational leaders, teacher trainers, scholars in disciplines related to civics and government, educational policy-makers, private citizens, business leaders, and government officials who are of established and emerging democracies and are dedicated to democracy.
(e) Maximum Number of Grants.--The Secretary may award up to four grants under the program.
(d) Eligible Grant Recipients.--To be eligible for award of a grant under this section an organization shall be experienced in the following:
(1) The development and implementation of civics and government education curricula for students in kindergarten through twelfth grade throughout the United States, whether the experience is gained through work with local educational agencies, State educational agencies, or private educational institutions.
(2) The development and implementation of cooperative university-based, college-based, or other school-based in-service training programs for civics and government teachers at the kindergarten through twelfth grade levels.
(3) The administration of international exchange programs for the study of civics and government which involve exchanges of educational leaders, teacher trainers, scholars in disciplines related to civics and government, educational policymakers, private citizens, business leaders, and government officials among established and emerging democracies.
(e) Grant Agreement.--The Secretary and the recipient of a grant shall enter into an agreement that sets forth such terms and conditions for the use of the grant funds as the Secretary of Defense may prescribe.
(f) USIA Involvement.--(1) The Secretary of Defense shall--
(A) obtain the concurrence of the Director of the United States Information Agency in the design of the program under this section; and
(B) consult with the Director in the awarding of grants to particular recipients, including the making of determinations of eligibility and the specification of terms and conditions of grant agreements under subsection (e).
(2) The Director of the United States Information Agency shall have particular responsibility for ensuring that--
(A) programs assisted under this section are not duplicative of other efforts; and
(B) any foreign institutions involved in such programs are creditable.
(g) Oversight Committee.--(1) The Secretary of Defense and the Director of the United States Information Agency shall jointly establish a committee for oversight of the grant program under this section. The committee shall be composed of an equal number of representatives of each such official.
(2) The oversight committee shall prescribe the following:
(A) The specifications for solicitations of grant proposals.
(B) The eligibility criteria (consistent with subsection
(d)).
(C) The process for reviewing grant proposals, including the criteria for selection of proposals for grant award.
____
Amendment No. 4088
At the end of subtitle F of title 10 add the following:
SEC. 1072. NATIONAL WAR AND PEACE COLLEGE.
(a) Designation of National War and Peace College.--The National War College (located as of the date of the enactment of this Act at Fort McNair, District of Columbia) is redesignated as the ``National War and Peace College''.
(b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the National War College shall be deemed to be a reference to the National War and Peace College.
______
KEMPTHORNE AMENDMENT NO. 4089
Mr. KEMPTHORNE proposed an amendment to the bill, S. 1745, supra; as follows:
At the end of subtitle D of title V add the following:
SEC. 540. WAIVER OF TIME LIMITATIONS FOR AWARD OF CERTAIN
DECORATIONS TO SPECIFIED PERSONS.
(a) Waiver of Time Limitation.--Any limitation established by law or policy for the time within which a recommendation for the award of a military decoration or award must be submitted shall not apply in the case of awards of decorations as described in subsection (b), the award of each decoration having been determined by the Secretary of the Navy to be warranted in accordance with section 1130 of title 10, United States Code.
(b) Distinguished Flying Cross.--Subsection (a) applies to awards of the Distinguished Flying Cross for service during World War II as follows:
(1) First award.--First award, for completion of at least 20 qualifying combat missions, to the following members and former members of the Armed Forces:
Vernard V. Aiken of Wilmington, Vermont.
Ira V. Babcock of Dothan, Georgia.
George S. Barlow of Grafton, Virginia.
Earl A. Bratton of Bodega Bay, California.
Herman C. Edwards of Johns Island, South Carolina.
James M. Fitzgerald of Anchorage, Alaska.
Paul L. Hitchcock of Raleigh, North Carolina.
Harold H. Hottle of Hillsboro, Ohio.
Samuel M. Keith of Anderson, South Carolina.
Otis Lancaster of Wyoming, Michigan.
John B. McCabe of Biglerville, Pennsylvania.
James P. Merriman of Midland, Texas.
The late Michael L. Michalak, formerly of Akron, New York.
The late Edward J. Naparkowsky, formerly of Hartford, Connecticut.
A. Jerome Pfeiffer of Racine, Wisconsin.
Duane L. Rhodes of Earp, California.
Frank V. Roach of Bloomfield, New Jersey.
Arnold V. Rosekrans of Horseheads, New York.
Joseph E. Seaman, Jr. of Bordentown, New Jersey.
Luther E. Thomas of Panama City, Florida.
Merton S. Ward of South Hamilton, Massachusetts.
Simon L. Webb of Magnolia, Mississippi.
Jerry W. Webster of Leander, Texas.
Stanley J. Orlowski of Jackson, Michigan.
(2) Second award.--Second award, for completion of at least 40 qualifying combat missions, to the following members and former members of the Armed Forces:
Ralph J. Deceuster of Dover, Ohio.
Elbert J. Kimble of San Francisco, California.
George W. Knauff of Monument, Colorado.
John W. Lincoln of Rockland, Massachusetts.
Alan D. Marker of Sonoma, California.
Joseph J. Oliver of White Haven, Pennsylvania.
Arthur C. Adair of Grants Pass, Oregon.
Daniel K. Connors of Hampton, New Hampshire.
Glen E. Danielson of Whittier, California.
Prescott C. Jernegan of Hemet, California.
Stephen K. Johnson of Englewood, Florida.
Warren E. Johnson of Vista, California.
Albert P. Emsley of Bothell, Washington.
Robert B. Carnes of West Yarmouth, Massachusetts.
Urbain J. Fournier of Houma, Louisiana.
John B. Tagliapiri of St. Helena, California.
Ray B. Stiltner of Centralia, Washington.
(3) Third award.--Third award, for completion of at least 60 qualifying combat missions, to the following members and former members of the Armed Forces:
Glenn Bowers of Dillsburg, Pennsylvania.
Arthur C. Casey of Irving, California.
Robert J. Larsen of Gulf Breeze, Florida.
William A. Nickerson of Portland, Oregon.
David Mendoza of McAllen, Texas.
(4) Fourth award.--Fourth award, for completion of at least 80 qualifying combat missions, to the following members and former members of the Armed Forces:
Arvid L. Kretz of Santa Rosa, California.
George E. McClane of Cocoa Beach, Florida.
Robert Bair of Ontario, California.
(5) Fifth award.--Fifth award, for completion of at least 100 qualifying combat missions, to the following members and former members of the Armed Forces:
William A. Baldwin of San Clemente, California.
George Bobb of Blackwood, New Jersey.
John R. Conrad of Hot Springs, Arkansas.
Herbert R. Hetrick of Roaring Springs, Pennsylvania.
William L. Wells of Cordele, Georgia.
(6) Sixth award.--Sixth award, for completion of at least 120 qualifying combat missions, to Richard L. Murray of Dallas, Texas.
______
WARNER (AND HUTCHISON) AMENDMENT NO. 4090
Mr. WARNER (for himself and Mrs. Hutchison) proposed an amendment to the bill, S. 1745, supra; as follows:
At the end of the amendment, add the following new section:
SEC. . MILITARY PERSONNEL STALKING PUNISHMENT AND
PREVENTION ACT OF 1996.
(a) Short Title.--This section may be cited as the
``Military Personnel Stalking Punishment and Prevention Act of 1996''.
(b) In General.--Title 18, United States Code, is amended by inserting after section 2261 the following:
``Sec. 2261A. Stalking of members of the Armed Forces of the
United States
``(a) In General.--Whoever, within the special maritime and territorial jurisdiction of the United States or in the course of interstate travel, with the intent to injure or harass any military person, places that military person in reasonable fear of the death of, or serious bodily injury to, that military person or a member of the immediate family of that military person shall be punished as provided in section 2261.
``(b) Definitions.--For purposes of this section--
``(1) the term `immediate family' has the same meaning as in section 115; and
``(2) the term `military person' means--
``(A) any member of the Armed Forces of the United States
(including a member of any reserve component); and
``(B) any member of the immediate family of a person described in subparagraph (A).''.
(c) Conforming Amendments.--
(1) Section 2261(b) of title 18, United States Code, is amended by inserting ``or section 2261A'' after ``this section''.
(2) Sections 2261(b) and 2262(b) of title 18, United States Code, are each amended by striking ``offender's spouse or intimate partner'' each place it appears and inserting
``victim''.
(3) The chapter heading for chapter 110A of title 18, United States Code, is amended by inserting ``AND STALKING'' after ``VIOLENCE''.
(d) Clerical Amendment.--The table of sections at the beginning of chapter 110A of title 18, United States Code, is amended by inserting after the item relating to section 2261 the following new item:
``2261A. Stalking of members of the Armed Forces of the United
States.''.
(e) Effective Date.--This section and the amendments made by this section shall take effect on the day after the date of enactment of this Act.
______
FAIRCLOTH AMENDMENT NO. 4091
(Ordered to lie on the table.)
Mr. FAIRCLOTH submitted an amendment intended to be proposed by him to the bill, S. 1745, supra; as follows:
At the end of subtitle B of title II add the following:
SEC. 223. SOUTHERN OBSERVATORY FOR ASTROPHYSICAL RESEARCH
PROJECT.
Of the total amount authorized to be appropriated under section 201(4), $3,000,000 is available for the Southern Observatory for Astrophysical Research (SOAR) project of the Defense Advanced Research Projects Agency.
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