[Congressional Record Volume 140, Number 82 (Friday, June 24, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: June 24, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                          AMENDMENTS SUBMITTED

                                 ______


        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1995

                                 ______


                       STEVENS AMENDMENT NO. 1850

  Mr. STEVENS proposed an amendment to the bill (S. 2182) to authorize 
appropriations for fiscal year 1995 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 34, line 12, strike ``$52,650,000.'' and insert: 
     ``$52,650,000.
       ``(g) Limitation on Compensation.--No employee or executive 
     officer of a federally funded research and development center 
     named in the report required by subsection (b) may be 
     compensated at a rate exceeding Executive Schedule Level I by 
     that federally funded research and development center.''
                                 ______


                  DOLE (AND OTHERS) AMENDMENT NO. 1851

  Mr. DOLE (for himself, Mr. Lieberman, Mr. Thurmond, Mr. DeConcini, 
Mr. D'Amato, Mr. Levin, Mrs. Hutchison, Mr. Feingold, Mr. Jeffords, Mr. 
Wallop, Mr. Lugar, Mr. McConnell, Mr. Coverdell, Mr. Hatch, Mr. McCain, 
Mr. Simpson, Mr. Pressler, Mr. Durenberger, Mr. Brown, Mr. Murkowski, 
Mr. Helms, Mr. Gorton, and Mr. Moynihan) proposed an amendment to the 
bill S. 2182, supra; as follows:

       On page 249, between lines 7 and 8, insert the following:

     SEC.   . BOSNIA AND HERZEGOVINA SELF-DEFENSE.

       (a) Short Title.--This section may be cited as the ``Bosnia 
     and Herzegovina Self-Defense Act of 1994''.
       (b) Findings.--The Congress makes the following findings:
       (1) For the reasons stated in section 520 of the Foreign 
     Relations Authorization Act, Fiscal Years 1994 and 1995 
     (Public Law 103-236), the Congress has found that continued 
     application of an international arms embargo to the 
     Government of Bosnia and Herzegovina contravenes that 
     Government's inherent right of individual or collective self-
     defense under Article 51 of the United Nations Charter and 
     therefore is inconsistent with international law.
       (2) The United States has not formally sought multilateral 
     support for terminating the arms embargo against Bosnia and 
     Herzegovina either within the United Nations Security Council 
     or within the North Atlantic Council since the enactment of 
     section 520 of Public Law 103-236, Senate passage of S. 2042 
     of the One Hundred Third Congress, and House passage of 
     sections 1401--1404 of H.R. 4301 of the One Hundred Third 
     Congress.
       (c) Termination of Arms Embargo.--
       (1) Termination.--The President shall terminate the United 
     States arms embargo of the Government of Bosnia and 
     Herzegovina upon receipt from that Government of a request 
     for assistance in exercising its right of self-defense under 
     Article 51 of the United Nations Charter.
       (2) Definition.--As used in this section, the term ``United 
     States arms embargo of the Government of Bosnia and 
     Herzegovina'' means the application to the Government of 
     Bosnia and Herzegovina of--
       (A) the policy adopted July 10, 1991, and published in the 
     Federal Register of July 19, 1991 (58 F.R. 33322) under the 
     heading ``Suspension of Munitions Export Licenses to 
     Yugoslavia''; and
       (B) any similar policy being applied by the United States 
     Government as of the date of receipt of the request described 
     in paragraph (1) pursuant to request described in paragraph 
     (1) pursuant to which approval is denied for transfers of 
     defense articles and defense services to the former 
     Yugoslavia.
       (3) Rule of construction.--Nothing in this section shall be 
     interpreted as authorization for deployment of United States 
     forces in the territory of Bosnia and Herzegovina for any 
     purpose, including training, support, or delivery of military 
     equipment.
                                 ______


                  NUNN (AND OTHERS) AMENDMENT NO. 1852

  Mr. NUNN (for himself, Mr. Warner, Mr. Mitchell, Mrs. Kassebaum, Mr. 
Robb, and Mr. Pell) proposed an amendment No. 1851 proposed by Mr. Dole 
to the bill S. 2182, supra; as follows:

       Strike out everything after the first word and insert in 
     lieu thereof the following:


                         bosnia and herzegovina

       (a) Purpose.--To express the sense of Congress concerning 
     the international efforts to end the conflict in Bosnia and 
     Herzegovina.
       (b) Statements.--The Congress makes the following 
     statements of support:
       (1) The Congress supports the use of international 
     sanctions in the form of arms and economic embargoes imposed 
     by the United Nations Security Council in appropriate 
     circumstances.
       (2) The Congress supports the imposition of an arms and 
     economic embargo on the Government of Iraq by United Nations 
     Security Council resolution 661 of August 6, 1990 to bring 
     about compliance with a number of conditions, including in 
     particular an end to Iraq's nuclear weapons program.
       (3) The Congress supports the imposition of an arms, 
     petroleum and economic embargo on Haiti by United Nations 
     Security Council resolutions 875 of October 16, 1993 and 917 
     of May 17, 1994 to bring about compliance with the Governors 
     Island Agreement.
       (4) The Congress supports the imposition of an arms and 
     civil aircraft embargo on Libya pursuant to United Nations 
     Security Council resolution--of March 31, 1992 in order to 
     convince Libya to renounce terrorism.
       (c) Findings.--The Congress makes the following findings:
       (1) The United States took the lead in the United Nations 
     Security Council to impose international sanctions in the 
     form of arms and economic embargoes on Iraq, Haiti, and 
     Libya.
       (2) The security of the Republic of Korea with whom the 
     United States has a mutual defense treaty and on whose 
     territory there are more than 38,000 members of the United 
     States Armed Forces in a vital interest of the United States.
       (3) Should negotiations fail, the imposition of sanctions 
     by the United Nations Security Council on North Korea, which 
     would require the affirmative vote or abstention of China, 
     Russia, Britain, and France, may be essential to stop North 
     Korea's nuclear weapons development program and to end a 
     nuclear threat to the Republic of Korea and Southeast Asia.
       (4) The effective enforcement of sanctions on North Korea, 
     once imposed by the United Nations Security Council, would 
     require the cooperation of China, Russia, and Japan as well 
     as other allies, including Britain and France, both permanent 
     members of the United Nations Security Council.
       (5) The United States voted for the international arms 
     embargo imposed by United Nations Security Council resolution 
     713 of September 25, 1991 that was imposed on Yugoslavia.
       (6) The imposition of the United Nations arms embargo on 
     September 25, 1991 has not served to end the conflict in 
     Bosnia Hercegovina, has provided a battlefield advantage to 
     the Bosnian Serbs, who possess artillery, tanks, and other 
     weapons left behind by the former Yugoslav Army or provided 
     by Serbia and Montenegro, and has deprived the Government of 
     Bosnia and Hercegovina from acquiring the adequate means of 
     defending itself and its citizens.
       (7) Our NATO allies have committed ground forces to the 
     United Nations Protection Force (UNPROFOR) in former 
     Yugoslavia. At the present time France has 5,518 troops, 
     Britain 3,435, the Netherlands 2,073, Canada 2,037, Spain 
     1,417, and Belgium 1,000. Our NATO allies have thus far 
     sustained 49 deaths and 931 wounded as a result of their 
     participation in UNPROFOR.
       (8) For the first time the so-called ``contact group'' 
     composed of representatives of the United States, Russia, 
     France and Britain is moving toward a unified position of 
     using an incentives and disincentives ``carrot and stick'' 
     strategy to bring about a peaceful settlement of the conflict 
     in Bosnia and Hercegovina.
       (9) Although lifting the arms embargo on the Government of 
     Bosnia and Hercegovina by the United Nations Security Council 
     is supported by the Congress, the unilateral lifting of the 
     embargo by the United States would lead to the following 
     consequences:
       a. disruption of the ongoing effort by the ``contact 
     group'';
       b. withdrawal by our NATO allies of the forces detailed in 
     subparagraph (7) above from former Yugoslavia;
       c. contradict United States efforts in the United Nations 
     Security Council to impose sanctions on North Korea, should 
     that become necessary;
       d. serious damage to the NATO alliance;
       e. loss of cooperation by other nations in the enforcement 
     of sanctions, including the sanctions on Iraq, previously 
     imposed by the United Nations Security Council; and
       f. damage to the authority and responsibility of the United 
     Nations Security Council for the maintenance of international 
     peace and security.
       (d) It is the sense of the Congress--
       That the United States should work with the NATO Member 
     nations and the other permanent members of the United Nations 
     Security Council to endorse the efforts of the contact group 
     to bring about a peaceful settlement of the conflict in 
     Bosnia Hercegovina, including the following:
       a. the preservation of an economically, politically and 
     militarily viable Bosnian state capable of exercising its 
     rights under the United Nations Charter.
       (i) as part of a peaceful settlement, the lifting of the 
     United Nations arms embargo on the Government of Bosnia and 
     Hercegovina so that it can exercise the inherent right of a 
     sovereign state to self-defense.
       b. if the Bosnian Serbs, while the contact group's peace 
     proposal is being considered and discussed, attack the safe 
     areas designated by the United Nations Security Council, the 
     partial lifting of the arms embargo on the Government of 
     Bosnia and Hercegovina and the provision to that Government 
     of defensive weapons and equipment appropriate and necessary 
     to defend those safe areas.
       c. if the Bosnian Serbs do not respond constructively to 
     the peace proposal of the contact group, the immediate 
     lifting of the United Nations arms embargo on the Government 
     of Bosnia and Hercegovina (and the orderly withdrawal of the 
     United Nations Protection Force and humanitarian relief 
     personnel).
       (e) Policy--
       The Congress authorizes the President, upon the termination 
     of the United Nations arms embargo on the Government of 
     Bosnia and Hercegovina, to direct the drawdown of defense 
     articles from the stocks of the Department of Defense, 
     defense services of the Department of Defense, and military 
     education and training, of an aggregate value of not more 
     than $100,000,000, in order to provide assistance to the 
     Government of Bosnia and Hercegovina so that it may exercise 
     its inherent right of self-defense. Such assistance shall be 
     provided on such terms and conditions as the President may 
     determine.
                                 ______


                      HUTCHISON AMENDMENT NO. 1853

  Mr. COATS (for Mrs. Hutchison) proposed an amendment to the bill S. 
2182, supra; as follows:

       At the appropriate place, insert:

     SEC.   . REVISIONS TO RELEASE OF REVERSIONARY INTEREST, OLD 
                   SPANISH TRAIL ARMORY, HARRIS COUNTY, TEXAS.

       (a) Clerical Amendments.--Section 2820 of the Military 
     Construction Authorization Act for Fiscal Year 1994 (division 
     B of Public Law 103-160; 107 Stat. 1894) is amended--
       (1) in subsection (a), by striking out ``1936'' and 
     inserting in lieu thereof ``1956''; and
       (2) in subsection (b)(1), by striking out ``value'' and 
     inserting in lieu thereof ``size''.
       (b) Payment for Survey.--Subsection (c) of such section is 
     amended by adding at the end the following: ``The cost of the 
     survey shall be borne by the State of Texas.''.
                                 ______


                BINGAMAN (AND SMITH) AMENDMENT NO. 1854

  Mr. NUNN (for Mr. Bingaman, for himself and Mr. Smith) proposed an 
amendment to the bill S. 2182, supra; as follows:

       On page 177, between lines 5 and 6, insert the following:

     SEC. 816. TREATMENT UNDER SUBCONTRACTING PLANS OF PURCHASES 
                   FROM QUALIFIED NONPROFIT AGENCIES FOR THE BLIND 
                   OR SEVERELY DISABLED.

       (a) Revision and Extension of Authority.--Section 2410d of 
     title 10, United States Code, relating to credit under small 
     business subcontracting plans for certain purchases, is 
     amended--
       (1) in subsection (b)--
       (A) in paragraph (2)--
       (i) by striking out ``and'' at the end of subparagraph (A);
       (ii) by striking out the period at the end of subparagraph 
     (B) and inserting in lieu thereof ``; and''; and
       (iii) by adding at the end the following new subparagraph:
       ``(C) a central nonprofit agency designated by the 
     Committee for Purchase from People Who are Blind or Severely 
     Disabled under section 2(c) of such Act (41 U.S.C. 47(c)).'';
       (B) by striking out paragraph (3); and
       (C) by redesignating paragraph (4) as paragraph (3); and
       (2) in subsection (c), by striking out ``September 30, 
     1994'' and inserting in lieu thereof ``September 30, 1997''.
       (b) Conforming Amendment.--Section 2301(d) of such title is 
     amended by striking out ``approved commodities and services 
     (as defined in such section)'' and inserting in lieu thereof 
     ``commodities and services''.
                                 ______


                      DeCONCINI AMENDMENT NO. 1855

  Mr. NUNN. (for Mr. DeConcini) proposed an amendment to the bill S. 
2182, supra; as follows:

       At the appropriate place in Title XXVIII, Subtitle C of the 
     bill, add the following section:

     SEC.   . TRANSFER OF JURISDICTION, AIR FORCE HOUSING AT RADAR 
                   BOMB SCORING SITE, HOLBROOK, ARIZONA.

       (a) Transfer Authorized.--As part of the closure of an Air 
     Force Radar Bomb Scoring Site located near Holbrook, Arizona, 
     the Secretary of the Air Force may transfer without 
     reimbursement the administrative jurisdiction, accountability 
     and control of the housing units and associated support 
     facilities used in connection with the site to the Secretary 
     of the Interior for use in connection with the Petrified 
     Forest National Park.
       (b) Description of Property.--The exact acreage and legal 
     description of the real property to be transferred under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary of the Air Force and the Secretary of the 
     Interior.
       (c) Additional Terms and Conditions.--The Secretary of the 
     Air Force may require such additional terms and conditions in 
     connection with the transfer of real property under 
     subsection (a) as the Secretary considers appropriate.
                                 ______


                    SHELBY AMENDMENTS NOS. 1856-1857

  Mr. NUNN (for Mr. Shelby) proposed two amendments to the bill S. 
2182, supra; as follows:

                           Amendment No. 1856

       On page 124, between lines 4 and 5, insert the following:

     SEC. 506. ORIGINAL APPOINTMENTS OF LIMITED DUTY OFFICERS OF 
                   THE NAVY AND MARINE CORPS SERVING IN TEMPORARY 
                   GRADES.

       Section 5589 of title 10, United States Code, is amended--
       (1) by redesignating subsection (f) as subsection (g); and
       (2) by inserting after subsection (e) the following new 
     subsection (f):
       ``(f) Original appointments as regular officers of the Navy 
     or Marine Corps may be made from among officers serving on 
     active duty in a higher grade pursuant to a temporary 
     appointment in that grade under section 5596 of this title. 
     The grade in which an officer is appointed under this 
     subsection shall be the grade in which the officer is serving 
     pursuant to the temporary appointment. The officer's date of 
     rank for the grade of the original appointment shall be the 
     same as the date of rank for the grade of the temporary 
     appointment.''.
                                  ____


                           Amendment No. 1857

       On page 138, between lines 11 and 12, insert the following 
     new section:

     SEC. 634. COMPUTATION OF RETIRED PAY TO PREVENT PAY 
                   INVERSIONS.

       Section 1401a(f) of title 10, United States Code, is 
     amended--
       (1) by inserting ``(1)'' after ``(f) Prevention of Pay 
     Inversions.--''; and
       (2) by adding at the end the following new paragraph:
       ``(2)(A) Subject to subparagraph (B), for the purpose of 
     computing the monthly retired pay of a member or former 
     member of an armed force under paragraph (1), the Secretary 
     concerned may waive any provision of a regulation that, as 
     such provision was in effect on the earlier date applicable 
     to the member or former member under paragraph (1), required 
     a member to serve for a minimum period in a grade as a 
     condition for retirement in that grade.
       ``(B) Any waiver under subparagraph (A) shall apply in the 
     case of a member or former member only to that part of the 
     minimum period of service provided for a grade in the 
     regulation that exceeds the minimum period of service in such 
     grade that was authorized by a provision of this title to be 
     required as a condition for retirement in that grade (as such 
     provision of this title was in effect on the earlier date 
     applicable to the member or former member under paragraph 
     (1)).
       ``(C) The Secretary concerned may waive the provision of a 
     regulation under subparagraph (A) in the case of a particular 
     member or former member or for any group of members or former 
     members.''.
                                 ______


                       WALLOP AMENDMENT NO. 1858

  Mr. COATS (for Mr. Wallop) proposed an amendment to the bill S. 2182, 
supra; as follows:

       On page 37, after line 25, add the following:

     SEC. 224. MANAGEMENT AND BUDGET RESPONSIBILITY FOR SPACE-
                   BASED CHEMICAL LASER PROGRAM.

       (a) Findings.--Congress makes the following findings:
       (1) In section 243 of the National Defense Authorization 
     Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1615) 
     Congress directed the Secretary of Defense to transfer 
     management and budget responsibility for research and 
     development regarding far-term follow-on technologies from 
     the Ballistic Missile Defense Organization unless the 
     Secretary certifies that it is in the national security 
     interest of the United States for the Ballistic Missile 
     Defense Organization to retain that responsibility.
       (2) For purposes of section 243 of such Act, a far-term 
     follow-on technology was defined as any technology that is 
     not incorporated into a ballistic missile defense 
     architecture and is not likely to be incorporated within 15 
     years into a weapon system for ballistic missile defense.
       (3) The Secretary of Defense has recommended pursuant to 
     section 243 of such Act that management and budget 
     responsibility for chemical laser technology be retained in 
     the Ballistic Missile Defense Organization.
       (b) Assignment of Responsibility.--Subject to subsection 
     (c), the Ballistic Missile Defense Organization is authorized 
     to retain management and budget responsibility for chemical 
     laser technology programs.
       (c) Requirements.--(1) The Director of the Ballistic 
     Missile Defense Organization shall ensure that, to the extent 
     practicable, the conduct of research and development related 
     to space-based chemical lasers reflects appropriate 
     consideration of a broad range of military missions and 
     possible nonmilitary applications for such lasers.
       (2) If, as a result of budgetary limitations, the Director 
     of the Ballistic Missile Defense Organization is unable to 
     program sufficient funds to ensure that the space-based 
     chemical laser program remains an option for the acquisition 
     process within the next fifteen years, the Secretary of 
     Defense shall--
       (A) establish a new high energy laser research and 
     development program outside of the Ballistic Missile Defense 
     Organization;
       (B) transfer $50,000,000 out of funds available for fiscal 
     year 1995 for programs administered by the Ballistic Missile 
     Defense Organization to the new high energy laser research 
     and development program; and
       (C) assign the duty to perform the management and budget 
     responsibilities for the new program to the Secretary of the 
     military department determined by the Secretary of Defense 
     most appropriate to perform such responsibilities or, if the 
     Secretary determines more appropriate, to the head of the 
     Defense Agency of the Department of Defense that the 
     Secretary determines most appropriate to perform such 
     responsibilities.
                                 ______


                        SMITH AMENDMENT NO. 1859

  Mr. NUNN (for Mr. Smith) proposed an amendment to the bill S. 2182, 
supra; as follows:

       At the appropriate place in the bill, insert the following 
     new section:

     SEC.     . DEPARTMENT OF ENERGY DECLASSIFICATION PRODUCTIVITY 
                   INITIATIVE

       Of the funds authorized to be appropriated to the 
     Department of Energy under Section 3103, $3,000,000 shall be 
     available for the Department of Energy's Declassification 
     Productivity Initiative.

                          ____________________