[Congressional Record Volume 141, Number 49 (Thursday, March 16, 1995)]
[Senate]
[Pages S4113-S4115]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[[Page S4113]]
                          AMENDMENTS SUBMITTED

                                 ______


     EMERGENCY SUPPLEMENTAL APPROPRIATIONS AND RESCISSIONS FOR THE 
DEPARTMENT OF DEFENSE TO PRESERVE AND ENHANCE MILITARY READINESS ACT OF 
                                  1995

                                 ______


                  BOND (AND OTHERS) AMENDMENT NO. 332

  Mr. BOND (for himself, Mrs. Feinstein, Ms. Mikulski, and Mrs. 
Hutchison) proposed an amendment to amendment No. 330 proposed by Mr. 
Bumpers to the bill (H.R. 889) making emergency supplemental 
appropriations and rescissions to preserve and enhance the military 
readiness of the Department of Defense for the fiscal year ending 
September 30, 1995, and for other purposes; as follows:

       In lieu of the matter proposed to be added, add the 
     following:
       Sec.  . (a) Notwithstanding any other provision of law, no 
     funds appropriated by this Act, or otherwise appropriated or 
     made available by any other Act, may be utilized for purposes 
     of entering into the agreement described in subsection (b) 
     until the President certifies to Congress that--
       (1) Russia has agreed not to sell nuclear reactor 
     components to Iran; or
       (2) the issue of the sale by Russia of such components to 
     Iran has been resolved in a manner that is consistent with--
       (A) the national security objectives of the United States; 
     and
       (B) the concerns of the United States with respect to 
     nonproliferation in the Middle East.
       (b) The agreement referred to in subsection (a) is an 
     agreement known as the Agreement on the Exchange of 
     Equipment, Technology, and Materials between the United 
     States Government and the Government of the Russian 
     Federation, or any department or agency of that government 
     (including the Russian Ministry of Atomic Energy), that the 
     United States Government proposes to enter into under section 
     123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153).
                                 ______


                       BUMPERS AMENDMENT NO. 333

  Mr. BUMPERS proposed an amendment to the bill H.R. 889 supra; as 
follows:

       At the appropriate place in Chapter VII of Title II of the 
     bill add the following:

                         ``INDEPENDENT AGENCIES

  National Aeronautics and Space Administration National Aeronautical 
                               Facilities


                              (rescission)

       Of the funds made available under this heading in Public 
     Law 103-327, for construction of wind tunnels, $400,000,000 
     are rescinded.''
                                 ______


                  BOXER (AND OTHERS) AMENDMENT NO. 334

  Mrs. BOXER (for herself, Mr. Dodd, Mr. Bradley, and Mr. Dorgan), 
proposed an amendment to the bill H.R. 889, supra; as follows:

       On page 25, between lines 4 and 5, insert the following:
       Sec. 110. It is the sense of the Senate that--
       (1) Congress should enact legislation that terminates the 
     entitlement to pay and allowances for each member of the 
     Armed Forces who is sentenced by a court-martial to 
     confinement and either a dishonorable discharge, bad-conduct 
     discharge, or dismissal;
       (2) the legislation should provide for restoration of the 
     entitlement if the sentence to confinement and punitive 
     discharge or dismissal, as the case may be, is disapproved or 
     set aside; and
       (3) the legislation should include authority for the 
     establishment of a program that provides transitional 
     benefits for spouses and other dependents of a member of the 
     Armed Forces receiving such a sentence.
                                 ______


                 McCAIN (AND BRADLEY) AMENDMENT NO. 335

  Mr. McCAIN (for himself and Mr. Bradley) proposed an amendment to the 
bill H.R. 889, supra; as follows:

       On page 25, between lines 4 and 5, insert the following:
     SEC. 110. RESCISSION OF FUNDS FOR CERTAIN MILITARY 
                   CONSTRUCTION PROJ- ECTS.

       (a) Conditional Rescission of Funds for Certain Military 
     Projects.--(1)(A) Notwithstanding any other provision of law 
     and subject to paragraphs (2) and (3), of the funds provided 
     in the Military Construction Appropriations Act, 1995 (Public 
     Law 103-307; 108 Stat. 1659), the following funds are hereby 
     rescinded from the following accounts in the specified 
     amounts:
       Military Construction, Army, $11,554,000.
       Military Construction, Air Force, $6,500,000.
       Military Construction, Army National Guard, $1,800,000.
       (B) Rescissions under this paragraph are for projects at 
     military installations that were recommended for closure by 
     the Secretary of Defense in the recommendations submitted by 
     the Secretary to the Defense Base Closure and Realignment 
     Commission on March 1, 1995, under the base closure Act.
       (2) A rescission of funds under paragraph (1) shall not 
     occur with respect to a project covered by that paragraph if 
     the Secretary certifies to Congress that--
       (A) the military installation at which the project is 
     proposed will not be subject to closure or realignment as a 
     result of the 1995 round of the base closure process; or
       (B) if the installation will be subject to realignment 
     under that round of the process, the project is for a 
     function or activity that will not be transferred from the 
     installation as a result of the realignment.
       (3) A certification under paragraph (2) shall be effective 
     only if--
       (A) the Secretary submits the certification together with 
     the approval and recommendations transmitted to Congress by 
     the President in 1995 under paragraph (2) or (4) section 
     2903(e) of the base closure Act; or
       (B) the base closure process in 1995 is terminated pursuant 
     to paragraph (5) of that section.
       (b) Additional Rescissions Relating to Base Closure 
     Process.--Notwithstanding any other provision of law, funds 
     provided in the Military Construction Appropriations Act, 
     1995 for a military construction project are hereby rescinded 
     if--
       (1) the project is located at an installation that the 
     President recommends for closure in 1995 under section 
     2903(e) of the base closure Act; or
       (2) the project is located at an installation that the 
     President recommends for realignment in 1995 under such 
     section and the function or activity with which the project 
     is associated will be transferred from the installation as a 
     result of the realignment.
       (c) Definition.--In the section, the term ``base closure 
     Act'' means the Defense Base Closure and Realignment Act of 
     1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 
     2687 note).
                                 ______


                HUTCHISON (AND OTHERS) AMENDMENT NO. 336

  Mrs. HUTCHISON (for herself, Mr. Gorton, Mr. Domenici, Mr. Gramm, and 
Mr. Pressler) proposed an amendment to the bill H.R. 889, supra; as 
follows:

       On page 28, between lines 14 and 15, insert the following:

                       DEPARTMENT OF THE INTERIOR


                united states fish and wildlife service

                          resource management

                              (rescission)

       Of the funds made available under this heading in Public 
     Law 103-332--
       (1) $1,500,000 are rescinded from the amounts available for 
     making determinations whether a species is a threatened or 
     endangered species and whether habitat is critical habitat 
     under the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.); and
       (2) none of the remaining funds appropriated under that 
     heading may be made available for making a final 
     determination that a species is threatened or endangered or 
     that habitat constitutes critical habitat (except a final 
     determination that a species previously determined to be 
     endangered is no longer endangered but continues to be 
     threatened).
       To the extent that the Endangered Species Act of 1973 has 
     been interpreted or applied in any court order (including an 
     order approving a settlement between the parties to a civil 
     action) to require the making of a determination respecting 
     any number of species or habitats by a date certain, that Act 
     shall not be applied to require that the determination be 
     made by that date if the making of the determination is made 
     impracticable by the rescission made by the preceding 
     sentence.
                                 ______


                 LEAHY (AND JEFFORDS) AMENDMENT NO. 337

  Mr. LEAHY (for himself and Mr. Jeffords) proposed an amendment to the 
bill H.R. 889, supra; as follows:

       At the appropriate place, insert the following new title:

                        TITLE   --MISCELLANEOUS

       Sec.   01.--Notwithstanding sections 12106, 12107, and 
     12108 of title 46, United States Code, and section 27 of the 
     Merchant Marine Act, 1920 (46 App. U.S.C. 883), as applicable 
     on the date of enactment of this Act, the Secretary of 
     Transportation may issue a certificate of documentation for 
     the vessel L.R. BEATTIE, United States official number 
     904161.
                                 ______


                  ROTH (AND OTHERS) AMENDMENT NO. 338

  Mr. ROTH (for himself, Mr. Glenn, Mr. Helms, Mr. Levin, Mr. McCain, 
Mr. Nunn, Mr. Dorgan, and Mr. Pell) proposed an amendment to the bill, 
H.R. 889, supra; as follows:

       At the appropriate point, insert the following:
       The Senate finds that the Treaty on the Non-Proliferation 
     of Nuclear Weapons, hereinafter referred to as the NPT, is 
     the cornerstone of the global nuclear non-proliferation 
     regime;
       [[Page S4114]] That, with more than 170 parties, the NPT 
     enjoys the widest adherence of any arms control agreement in 
     history;
       That the NPT sets the fundamental legal and political 
     framework for prohibiting all forms of nuclear 
     nonproliferation;
       That the NPT provides the fundamental legal and political 
     foundation for the efforts through which the nuclear arms 
     race was brought to an end and the world's nuclear arsenals 
     are being reduced as quickly, safely and securely as 
     possible.
       That the NPT spells out only three extension options: 
     indefinite extension, extension for a fixed period, or 
     extension for fixed periods;
       That any temporary or conditional extension of the NPT 
     would require a dangerously slow and unpredictable process of 
     re-ratification that would cripple the NPT.
       That it is the policy of the President of the United States 
     to seek indefinite and unconditional extension of the NPT;
       Now, therefore, it is the sense of the Senate that:
       (1) indefinite and unconditional extension of the NPT would 
     strengthen the global nuclear non-proliferation regime;
       (2) indefinite and unconditional extension of the NPT is in 
     the interest of the United States because it would enhance 
     international peace and security;
       (3) the President of the United States has the full support 
     of the Senate in seeking the indefinite and unconditional 
     extension of the NPT;
       (4) all parties to the NPT should vote to extend the NPT 
     unconditionally and indefinitely; and
       (5) parties opposing indefinite and unconditional extension 
     of the NPT are acting against their own interest, the 
     interest of the United States and the interest of all the 
     peoples of the world by placing the nuclear non-proliferation 
     regime and global security at risk.
                                 ______


                 BAUCUS (AND OTHERS) AMENDMENT NO. 339

  Mr. BAUCUS (for himself, Mr. Byrd, Mr. McConnell, Mr. Leahy, Mr. 
Grassley, Mr. Kerrey, Mr. Pressler, Mr. Burns, Mr. Harkin, Mr. 
Santorum, Mr. Simpson, Mr. Lugar, Mr. Pryor, and Mr. Conrad) proposed 
an amendment to the bill H.R. 889, supra; as follows:

       On page 25, between lines 4 and 5, insert the following:

     SEC. 110. SENSE OF SENATE ON SOUTH KOREA TRADE BARRIERS TO 
                   UNITED STATES BEEF AND PORK.

       (a) Findings.--The Senate makes the following findings:
       (1) The United States has approximately 37,000 military 
     personnel stationed in South Korea and spent over 
     $2,000,000,000 last year to preserve peace on the Korean 
     peninsula.
       (2) The United States Trade Representative has initiated a 
     section 301 investigation against South Korea for its 
     nontariff trade barriers on United States beef and pork.
       (3) The barriers cited in the section 301 petition include 
     government-mandated shelf-life requirements, lengthy 
     inspection and customs procedures, and arbitrary testing 
     requirements that effectively close the South Korean market 
     to such beef and pork.
       (4) United States trade and agriculture officials are in 
     the process of negotiating with South Korea to open South 
     Korea's market to United States beef and pork.
       (5) The United States meat industry estimates that South 
     Korea's nontariff trade barriers on United States beef and 
     pork cost United States businesses more than $240,000,000 in 
     lost revenue last year and could account for more than 
     $1,000,000,000 in lost revenue to such business by 1999 if 
     South Korea's trade practices on such beef and pork are left 
     unchanged.
       (6) The United States beef and pork industries are a vital 
     part of the United States economy, with operations in each of 
     the 50 States.
       (7) Per capita consumption of beef and pork in South Korea 
     is currently twice that of such consumption in Japan. Given 
     that the Japanese are currently the leading importers of 
     United States beef and pork, South Korea holds the potential 
     of becoming an unparalleled market for United States beef and 
     pork.
       (b) It is the sense of the Senate that--
       (1) the security relationship between the United States and 
     South Korea is essential to the security of the United 
     States, South Korea, the Asia-Pacific region and the rest of 
     the world;
       (2) the efforts of the United States Trade Representative 
     to open South Korea's market to United States beef and pork 
     deserve support and commendation; and
       (3) the United States Trade Representative should continue 
     to insist upon the removal of South Korea's nontariff 
     barriers to United States beef and pork.
                                 ______


                  BROWN (AND OTHERS) AMENDMENT NO. 340

  Mr. BROWN (and Mr. Gregg, Mr. D'Amato, Mr. Mack, and Mr. Nickles) 
proposed an amendment to the bill, H.R. 889, supra; as follows:

       At the end of the bill, add the following new title:
            TITLE ____--MEXICAN DEBT DISCLOSURE ACT OF 1995

     SEC. ____01. SHORT TITLE.

       This title may be cited as the ``Mexican Debt Disclosure 
     Act of 1995''.

     SEC. ____02. FINDINGS.

       The Congress finds that--
       (1) Mexico is an important neighbor and trading partner of 
     the United States;
       (2) on January 31, 1995, the President approved a program 
     of assistance to Mexico, in the form of swap facilities and 
     securities guarantees in the amount of $20,000,000,000, using 
     the Exchange Stabilization Fund;
       (3) the program of assistance involves the participation of 
     the Federal Reserve System, the International Monetary Fund, 
     the Bank of International Settlements, the World Bank, the 
     Inter-American Development Bank, the Bank of Canada, and 
     several Latin American countries;
       (4) the involvement of the Exchange Stabilization Fund and 
     the Federal Reserve System means that United States taxpayer 
     funds will be used in the assistance effort to Mexico;
       (5) assistance provided by the International Monetary Fund, 
     the World Bank, and the Inter-American Development Bank may 
     require additional United States contributions of taxpayer 
     funds to those entities;
       (6) the immediate use of taxpayer funds and the potential 
     requirement for additional future United States contributions 
     of taxpayer funds necessitates congressional oversight of the 
     disbursement of funds; and
       (7) the efficacy of the assistance to Mexico is contingent 
     on the pursuit of sound economic policy by the Government of 
     Mexico.

     SEC. ____03. REPORTS REQUIRED.

       (a) Reports.--Not later than April 1, 1995, and every month 
     thereafter, the President shall transmit a report to the 
     appropriate congressional committees concerning all United 
     States Government loans, credits, and guarantees to, and 
     short-term and long-term currency swaps with, Mexico.
       (b) Contents of Reports.--The report described in 
     subsection (a) shall include the following:
       (1) A description of the current condition of the Mexican 
     economy.
       (2) Information regarding the implementation and the extent 
     of wage, price, and credit controls in the Mexican economy.
       (3) A complete documentation of Mexican taxation policy and 
     any proposed changes to such policy.
       (4) A description of specific actions taken by the 
     Government of Mexico during the preceding month to further 
     privatize the economy of Mexico.
       (5) A list of planned or pending Mexican Government 
     regulations affecting the Mexican private sector.
       (6) A summary of consultations held between the Government 
     of Mexico and the Department of the Treasury, the 
     International Monetary Fund, or the Bank of International 
     Settlements.
       (7) A full description of the activities of the Mexican 
     Central Bank, including the reserve positions of the Mexican 
     Central Bank and data relating to the functioning of Mexican 
     monetary policy.
       (8) The amount of any funds disbursed from the Exchange 
     Stabilization Fund pursuant to the approval of the President 
     issued on January 31, 1995.
       (9) A full disclosure of all financial transactions, both 
     inside and outside of Mexico, made during the preceding month 
     involving funds disbursed from the Exchange Stabilization 
     Fund and the International Monetary Fund, including 
     transactions between--
       (A) individuals;
       (B) partnerships;
       (C) joint ventures; and
       (D) corporations.
       (10) An accounting of all outstanding United States 
     Government loans, credits, and guarantees provided to the 
     Government of Mexico, set forth by category of financing.
       (11) A detailed list of all Federal Reserve currency swaps 
     designed to support indebtedness of the Government of Mexico, 
     and the cost or benefit to the United States Treasury from 
     each such transaction.
       (12) A description of any payments made during the 
     preceding month by creditors of Mexican petroleum companies 
     into the petroleum finance facility established to ensure 
     repayment of United States loans or guarantees.
       (13) A description of any disbursement during the preceding 
     month by the United States Government from the petroleum 
     finance facility.
       (14) Once payments have been diverted from PEMEX to the 
     United States Treasury through the petroleum finance 
     facility, a description of the status of petroleum deliveries 
     to those customers whose payments were diverted.
       (15) A description of the current risk factors used in 
     calculations concerning Mexican repayment of indebtedness.
       (16) A statement of the progress the Government of Mexico 
     has made in reforming its currency and establishing an 
     independent central bank or currency board.

     SEC. ____04. PRESIDENTIAL CERTIFICATION.

       Notwithstanding any other provision of law, before 
     extending any loan, credit, guarantee, or arrangement for a 
     swap of currencies to Mexico through any United States 
     Government monetary facility, the President shall certify to 
     the appropriate congressional committees that--
     [[Page S4115]]   (1) there is no projected cost to the United 
     States from the proposed loan, credit, guarantee, or currency 
     swap;
       (2) all loans, credits, guarantees, and currency swaps are 
     adequately collateralized to ensure that United States funds 
     will be repaid;
       (3) the Government of Mexico has undertaken effective 
     efforts to establish an independent central bank or an 
     independent currency control mechanism; and
       (4) Mexico has in effect a significant economic reform 
     effort.

     SEC. ____05. DEFINITION.

       As used in this title, the term ``appropriate congressional 
     committees'' means the Committees on Banking and Financial 
     Services and International Relations of the House of 
     Representatives and the Committees on Foreign Relations, and 
     Banking, Housing, and Urban Affairs of the Senate.
                                 ______


                       D'AMATO AMENDMENT NO. 341

  Mr. D'AMATO proposed an amendment to amendment No. 340 proposed by 
Mr. Brown to the bill H.R. 889, supra; as follows:

       Add at the end of the proposed amendment the following new 
     section:

     SEC.   . REPORT ON ILLEGAL DRUG TRAFFICKING IN MEXICO.

       The President shall transmit to the appropriate 
     congressional committees no later than June 1, 1995 detailing 
     the illegal drug trafficking to the United States from 
     Mexico:
       (1) A description of drug trafficking activities directed 
     toward the United States;
       (2) a description of allegations of corruption involving 
     current or former officials of the Mexican government or 
     ruling party, including the relatives and close associates of 
     such officials; and
       (3) the participation of United States financial 
     institutions or foreign financial institutions operating in 
     the United States in the movement of narcotics-related funds 
     from Mexico.
                                 ______


                      McCONNELL AMENDMENT NO. 342

  Mr. INOUYE (for Mr. McConnell, for himself, Mr. Leahy, Mr. Dole, Mr. 
Daschle, Mr. Specter, Mr. Inouye, Mr. Jeffords, Mr. Lautenberg, Mr. 
Harkin, Ms. Mikulski, Mr. Nunn, and Mrs. Feinstein) proposed an 
amendment to the bill, H.R. 889, supra; as follows:

       On page 16, between lines 18 and 19, insert the following:

                               CHAPTER I

       On page 25, between lines 4 and 5, insert the following:

                               CHAPTER II


       foreign operations, export financing and related programs

                     bilateral economic assistance

                  funds appropriated to the president

                           debt restructuring

                         debt relief for jordan

       For the cost, as defined in section 502 of the 
     Congressional Budget Act of 1974, of modifying direct loans 
     to Jordan issued by the Export-Import Bank or by the Agency 
     for International Development or by the Department of 
     Defense, or for the cost of modifying: (1) concessional loans 
     authorized under title I of the Agricultural Trade 
     Development and Assistance Act of 1954, as amended, and (2) 
     credits owed by Jordan to the Commodity Credit Corporation, 
     as a result of the Corporation's status as a guarantor of 
     credits in connection with export sales to Jordan; as 
     authorized under subsection (a) under the heading, ``Debt 
     Relief for Jordan'', in title VI of Public Law 103-306, 
     $275,000,000, to remain available until September 30, 1996: 
     Provided, That not more than $50,000,000 of the funds 
     appropriated by this paragraph may be obligated prior to 
     October 1, 1995.
                                 ______


                      McCONNELL AMENDMENT NO. 343

  Mr. INOUYE (for Mr. McConnell) proposed an amendment to the bill, 
H.R. 889, supra; as follows:

       On page 26, at the end of line 23, add the following:
       Of the funds appropriated in Public Law 103-316, $3,000,000 
     is hereby authorized for appropriation to the Corps of 
     Engineers to initiate and complete remedial measures to 
     prevent slope instability at Hickman Bluff, Kentucky.
                                 ______


                PRESSLER (AND OTHERS) AMENDMENT NO. 344

  Mr. INOUYE (for Mr. Pressler for himself, Mr. Harkin, Mr. Conrad, and 
Mr. Daschle) proposed an amendment to the bill, H.R. 889, supra; as 
follows:

       On page 30, line 8, strike the dollar figure 
     ``$120,000,000''and insert in lieu thereof the dollar figure 
     ``$126,608,000''.
       On page 30, strike line 14 through line 18.
                                 ______


                        BROWN AMENDMENT NO. 345

  Mr. INOUYE (for Mr. Brown) proposed an amendment to the bill, H.R. 
889, supra; as follows:

       At the appropriate place in the bill, add the following new 
     section--

     ``SEC.   . NATIONAL TEST FACILITY.

       It is the sense of the Senate that the National Test 
     Facility provides important support to strategic and theater 
     missile defense in the following areas:
       (a) United States-United Kingdom defense planning;
       (b) the PATRIOT and THAAD programs;
       (c) computer support for the Advanced Research Center; and
       (d) technical assistance to theater missile defense;

     and fiscal year 1995 funding should be maintained to ensure 
     retention of these priority functions.
                                 ______


                      FEINSTEIN AMENDMENT NO. 346

  Mr. INOUYE (for Mrs. Feinstein) proposed an amendment to the bill, 
H.R. 889, supra; as follows:

       On page 25, between lines 4 and 5, insert the following new 
     section:
       Sec. 110. (a) In determining the amount of funds available 
     for obligation from the Environmental Restoration, Defense, 
     account in fiscal year 1995 for environmental restoration at 
     the military installations described in subsection (b), the 
     Secretary of Defense shall not take into account the 
     rescission from the account set forth in section 106.
       (b) Subsection (a) applies to military installations that 
     the Secretary recommends for closure or realignment in 1995 
     under section 29023(c) of the Defense Base Closure and 
     Realignment Act of 1990 (subtitle A of title XXIX of Public 
     Law 101-510; 10 U.S.C. 2687 note).
     

                          ____________________