[Congressional Record Volume 141, Number 127 (Wednesday, August 2, 1995)]
[Senate]
[Pages S11217-S11219]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                          AMENDMENTS SUBMITTED

                                 ______


      THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1996

                                 ______


                  KYL (AND INHOFE) AMENDMENT NO. 2077

  Mr. KYL (for himself and Mr. Inhofe) proposed an amendment to the 
bill (S. 1026) to authorize appropriations for fiscal year 1996 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 371, below line 21, add the following:

     SEC. 1062. SENSE OF SENATE ON PROTECTION OF UNITED STATES 
                   FROM BALLISTIC MISSILE ATTACK.

       (a) Findings.--The Senate makes the following findings:
       (1) The proliferation of weapons of mass destruction and 
     ballistic missiles presents a threat to the entire World.
       (2) This threat was recognized by Secretary of Defense 
     William J. Perry in February 1995 in the Annual Report to the 
     President and the Congress which states that ``[b]eyond the 
     five declared nuclear weapons states, at least 20 other 
     nations have acquired or are attempting to acquire weapons of 
     mass destruction--nuclear, biological, or chemical weapons--
     and the means to deliver them. In fact, in most areas where 
     United States forces could potentially be engaged on a large 
     scale, many of the most likely adversaries already possess 
     chemical and biological weapons. Moreover, some of these same 
     states appear determined to acquire nuclear weapons.''.
       (3) At a summit in Moscow in May 1995, President Clinton 
     and President Yeltsin commented on this threat in a Joint 
     Statement which recognizes ``.  .  . the threat posed by 
     worldwide proliferation of missiles and missile technology 
     and the necessity of counteracting this threat .  .  . ''.
       (4) At least 25 countries may be developing weapons of mass 
     destruction and the delivery systems for such weapons.
       (5) At least 24 countries have chemical weapons programs in 
     various stages of research and development.
       (6) Approximately 10 countries are believed to have 
     biological weapons programs in various stages of development.
       (7) At least 10 countries are reportedly interested in the 
     development of nuclear weapons.
       (8) Several countries recognize that weapons of mass 
     destruction and missiles increase their ability to deter, 
     coerce, or otherwise threaten the United States. Saddam 
     Hussein recognized this when he stated, on May 8, 1990, that 
     ``[o]ur missiles cannot reach Washington. If they could reach 
     Washington, we would strike it if the need arose.''.
       (9) International regimes like the Non-Pro-liferation 
     Treaty, the Biological Weapons Convention, and the Missile 
     Technology Control Regime, while effective, cannot by 
     themselves halt the spread of weapons and technology. On 
     January 10, 1995, Director of Central Intelligence, James 
     Woolsey, said with regard to Russia that ``.  .  . we are 
     particularly concerned with the safety of nuclear, chemical, 
     and biological materials as well as highly enriched uranium 
     or plutonium, although I want to stress that this is global 
     problem. For example, highly enriched uranium was recently 
     stolen from South Africa, and last month Czech authorities 
     recovered three kilograms of 87.8 percent-enriched HEU in the 
     Czech Republic--the largest seizure of near-weapons grade 
     material to date outside the Former Soviet Union.''.
       (10) The possession of weapons of mass destruction and 
     missiles by developing countries threatens our friends, 
     allies, and forces abroad and will ultimately threaten the 
     United States directly. On August 11, 1994, Deputy Secretary 
     of Defense John Deutch said that ``[i]f the North Koreans 
     field the Taepo Dong 2 missile, Guam, Alaska, and parts of 
     Hawaii would potentially be at risk.''.
       (11) The end of Cold War has changed the strategic 
     environmental facing and between the United States and 
     Russia. That the Clinton Administration believes the 
     environment to have changed was made clear by Secretary of 
     Defense William J. Perry on September 20, 1994, when he 
     stated that ``[w]e now have the opportunity to create a new 
     relationship, based not on MAD, not on Mutual Assured 
     Destruction, but rather on another acronym, MAS, or Mutural 
     Assured Safety.''.
       (12) The United States and Russia have the opportunity to 
     create a relationship based on trust rather than fear.
       (b) Sense of Senate.--It is the sense of the Senate that 
     all Americans should be protected from accidental, 
     intentional, or limited ballstic missile attack.

                                 ______


                        NUNN AMENDMENT NO. 2078

  Mr. NUNN proposed an amendment to amendment No. 2077 proposed by Mr. 
Kyl to the bill S. 1026, supra; as follows:

       On page 5, beginning with ``attack,'' strike out all down 
     through the end of the amendment and insert in lieu thereof 
     the following: ``attack. It is the further sense of the 
     Senate that frontline troops of the United States armed 
     forces should be protected from missile attacks.
       ``(c) Funding for Corps SAM and Boost-Phase Interceptor 
     Programs.--
       ``(1) Notwithstanding any other provision in this Act, of 
     the funds authorized to be appropriated by section 201(4), 
     $35.0 million shall be available for the Corps SAM/MEADS 
     program.
       ``(2) With a portion of the funds authorized in paragraph 
     (1) for the Corps SAM/MEADS program, the Secretary of Defense 
     shall conduct a study to determine whether a Theater Missile 
     Defense system derived from Patriot technologies could 
     fulfill the Corps SAM/MEADS requirements at a lower estimated 
     life-cycle cost than is estimated for the cost of the U.S. 
     portion of the Corps SAM/MEADS program.
       ``(3) The Secretary shall provide a report on the study 
     required under paragraph (3) to the congressional defense 
     committees not later than March 1, 1996.
       ``(4) Of the funds authorized to be appropriated by section 
     201(4), not more than $3,403,413,000 shall be available for 
     missile defense programs within the Ballistic Missile Defense 
     Organization.
       ``(d) Section 234(c)(1) of this Act shall have no force or 
     effect.''
                                 ______


                        BOXER AMENDMENT NO. 2079

  Mrs. BOXER proposed an amendment to the bill S. 1026, supra; as 
follows:

       At the appropriate place, insert the following:


                   relevant agencies or departments.

     SEC.   . ETHICS HEARINGS.

       The Select Committee on Ethics of the Senate shall hold 
     hearings in any pending or future case in which the Select 
     Committee (1) has found, after a review of allegations of 
     wrongdoing by a senator, that there is substantial credible 
     evidence which provides substantial cause to conclude that a 
     violation within the jurisdiction of the Select Committee has 
     occurred, and (2) has undertaken an investigation of such 
     allegations. The Select Committee may waive this requirement 
     by an affirmative record vote of a majority of the members of 
     the Committee.
                                 ______

                                 
[[Page S11218]]


                      McCONNELL AMENDMENT NO. 2080

  Mr. McCONNELL proposed an amendment to the bill S. 1026, supra; as 
follows:

       At the appropriate place in the bill, insert:
       (A) The Senate finds that:
       (1) the Senate Select Committee on Ethics has a thirty-one 
     year tradition of handling investigations of official 
     misconduct in a bipartisan, fair and professional manner;
       (2) the Ethics Committee, to ensure fairness to all parties 
     in any investigation, must conduct its responsibilities 
     strictly according to established procedure and free from 
     outside interference;
       (3) the rights of all parties to bring an ethics complaint 
     against a member, officer, or employee of the Senate are 
     protected by the official rules and precedents of the Senate 
     and the Ethics Committee;
       (4) any Senator responding to a complaint before the Ethics 
     Committee deserves a fair and non-partisan hearing according 
     to the rules of the Ethics Committee;
       (5) the rights of all parties in an investigation--both the 
     individuals who bring a complaint or testify against a 
     Senator, and any Senator charged with an ethics violation--
     can only be protected by strict adherence to the established 
     rules and procedures of the ethics process;
       (6) the integrity of the Senate and the integrity of the 
     Ethics Committee rest on the continued adherence to 
     precedents and rules, derived from the Constitution; and,
       (7) the Senate as a whole has never intervened in any 
     ongoing Senate Ethics Committee investigation, and has 
     considered matters before that Committee only after the 
     Committee has submitted a report and recommendations to the 
     Senate;
       (B) Therefore, it is the Sense of the Senate that the 
     Select Committee on Ethics should not, in the case of Senator 
     Robert Packwood of Oregon, deviate from its customary and 
     standard procedure, and should, prior to the Senate's final 
     resolution of the case, follow whatever procedures it deems 
     necessary and appropriate to provide a full and complete 
     public record of the relevant evidence in this case.
                                 ______


                       SPECTER AMENDMENT NO. 2081

  (Ordered to lie on the table.)
  Mr. SPECTER submitted an amendment intended to be proposed by him to 
the bill S. 1026, supra; as follows:

       On page 403, between lines 16 and 17, insert the following:

     SEC. 1095. JUDICIAL ASSISTANCE TO THE INTERNATIONAL TRIBUNAL 
                   FOR YUGOSLAVIA AND TO THE INTERNATIONAL 
                   TRIBUNAL FOR RWANDA.

       (a) Surrender of Persons.--
       (1) Application of united states extradition laws.--Except 
     as provided in paragraphs (2) and (3), the provisions of 
     chapter 209 of title 18, United States Code, relating to the 
     extradition of persons to a foreign country pursuant to a 
     treaty or convention for extradition between the United 
     States and a foreign government, shall apply in the same 
     manner and extent to the surrender of persons, including 
     United States citizens, to--
       (A) the International Tribunal for Yugoslavia, pursuant to 
     the Agreement Between the United States and the International 
     Tribunal for Yugoslavia; and
       (B) the International Tribunal for Rwanda, pursuant to the 
     Agreement Between the United States and the International 
     Tribunal for Rwanda.
       (2) Evidence on hearings.--For purposes of applying section 
     3190 of title 18, United States Code, in accordance with 
     paragraph (1), the certification referred to in the section 
     may be made by the principal diplomatic or consular officer 
     of the United States resident in such foreign countries where 
     the International Tribunal for Yugoslavia or the 
     International Tribunal for Rwanda may be permanently or 
     temporarily situated.
       (3) Payment of fees and costs.--(A) The provisions of the 
     Agreement Between the United States and the International 
     Tribunal for Yugoslavia and of the Agreement Between the 
     United States and the International Tribunal for Rwanda shall 
     apply in lieu of the provisions of section 3195 of title 18, 
     United States Code, with respect to the payment of expenses 
     arising from the surrender by the United States of a person 
     to the International Tribunal for Yugoslavia or the 
     International Tribunal for Rwanda, respectively, or from any 
     proceedings in the United States relating to such surrender.
       (B) The authority of subparagraph (A) may be exercised only 
     to the extent and in the amounts provided in advance in 
     appropriations Acts.
       (4) Nonapplicability of the federal rules.--The Federal 
     Rules of Evidence and the Federal Rules of Criminal Procedure 
     do not apply to proceedings for the surrender of persons to 
     the International Tribunal for Yugoslavia or the 
     International Tribunal for Rwanda.
       (b) Assistance to Foreign and International Tribunals and 
     to Litigants Before Such Tribunals.--Section 1782(a) of title 
     28, United States Code, is amended by inserting in the first 
     sentence after ``foreign or international tribunal'' the 
     following: ``, including criminal investigations conducted 
     prior to formal accusation''.
       (c) Definitions.--As used in this section:
       (1) International tribunal for yugoslavia.--The term 
     ``International Tribunal for Yugoslavia'' means the 
     International Tribunal for the Prosecution of Persons 
     Responsible for Serious Violations of International 
     Humanitarian Law in the Territory of the Former Yugoslavia, 
     as established by United Nations Security Council Resolution 
     827 of May 25, 1993.
       (2) International tribunal for rwanda.--The term 
     ``International Tribunal for Rwanda'' means the International 
     Tribunal for the Prosecution of Persons Responsible for 
     Genocide and Other Serious Violations of International 
     Humanitarian Law Committed in the Territory of Rwanda and 
     Rwandan Citizens Responsible for Genocide and Other Such 
     Violations Committed in the Territory of Neighboring States, 
     as established by United Nations Security Council Resolution 
     955 of November 8, 1994.
       (3) Agreement between the united states and the 
     international tribunal for yugoslavia.--The term ``Agreement 
     Between the United States and the International Tribunal for 
     Yugoslavia'' means the Agreement on Surrender of Persons 
     Between the Government of the United States and the 
     International Tribunal for the Prosecution of Persons 
     Responsible for Serious Violations of International Law in 
     the Territory of the Former Yugoslavia, signed at The Hague, 
     October 5, 1994.
       (4) Agreement between the united states and the 
     international tribunal for rwanda.--The term ``Agreement 
     between the United States and the International Tribunal for 
     Rwanda'' means the Agreement on Surrender of Persons Between 
     the Government of the United States and the International 
     Tribunal for the Prosecution of Persons Responsible for 
     Genocide and Other Serious Violations of International 
     Humanitarian Law Committed in the Territory of Rwanda and 
     Rwandan Citizens Responsible for Genocide and Other Such 
     Violations Committed in the Territory of Neighboring States, 
     signed at The Hague, January 24, 1995.
                                 ______


                      FEINGOLD AMENDMENT NO. 2082

  Mr. FEINGOLD proposed an amendment to the bill S. 1026, supra; as 
follows:

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

     SEC.   . SENSE OF THE SENATE REGARDING FEDERAL SPENDING.

       It is the sense of the Senate that in pursuit of a balanced 
     federal budget, Congress should exercise fiscal restraint, 
     particularly in authorizing spending not requested by the 
     Executive and in proposing new programs.
                                 ______


                      GRASSLEY AMENDMENT NO. 2083

  Mr. GRASSLEY proposed an amendment to the bill S. 1026, supra; as 
follows:

       On page 159, line 3, before the end quotation marks insert 
     the following: ``The 3-year time-in-grade requirement in 
     paragraph (2)(A) of subsection (a) may not be reduced or 
     waived under such subsection in the case of such an officer 
     while the officer is under investigation for alleged 
     misconduct or while disposition of an adverse personnel 
     action is pending against the officer for alleged 
     misconduct.''.
                                 ______


                THURMOND (AND OTHERS) AMENDMENT NO. 2084

  Mr. THURMOND (for himself, Mr. Burns, Mr. Reid, Mr. Ford, Mr. Bond, 
and Mr. Nunn) proposed an amendment to the bill S. 1026, supra; as 
follows:

       On page 404, in the table following line 10, insert before 
     the item relating to Fort Knox, Kentucky, the following 
     project in Kentucky:

------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
                             Fort Campbell..............     $10,000,000
------------------------------------------------------------------------

       On page 405, in the table following line 2, insert after 
     the item relating to Camp Stanley, Korea, the following:

------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
                             Yongsan....................      $4,500,000
------------------------------------------------------------------------

       On page 406, line 14, strike out ``$2,019,358,000'' and 
     insert in lieu thereof ``$2,033,858,000''.
       On page 406, line 17, strike out ``$396,380,000'' and 
     insert in lieu thereof ``$406,380,000''.
       On page 406, line 20, strike out ``$98,050,000'' and insert 
     in lieu thereof ``$102,550,000''.
       On page 408, in the table following line 4, in the item 
     relating to Bremerton Puget Sound Naval Shipyard, Washington, 
     strike out ``$9,470,000'' in the amount column and insert in 
     lieu thereof ``$19,870,000''.
       On page 410, in the table preceding line 1, add after the 
     item relating to Norfolk Public Works Center, Virginia, the 
     following new items:

------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
Washington......  Bangor Naval      141 units...........      $4,890,000
                   Submarine Base.                                      
West Virginia...  Naval Security    23 units............      $3,590,000
                   Group                                                
                   Detachment,                                          
                   Sugar Grove.                                         
------------------------------------------------------------------------


[[Page S11219]]

       On page 411, line 6, strike out ``$2,058,579,000'' and 
     insert in lieu thereof ``$2,077,459,000''.
       On page 411, line 9, strike out ``$389,259,000'' and insert 
     in lieu thereof ``$399,659,000''.
       On page 412, line 3, strike out ``$477,767,000'' and insert 
     in lieu thereof ``$486,247,000''.
       On page 415, in the table following line 18, in the item 
     relating to Maxwell Air Force Base, Alabama, strike out 
     ``$3,700,000'' in the amount column and insert in lieu 
     thereof ``$5,200,000''.
       On page 415, in the table following line 18, in the item 
     relating to Eielson Air Force Base, Alaska, strike out 
     ``$3,850,000'' in the amount column and insert in lieu 
     thereof ``$7,850,000''.
       On page 416, in the table preceding line 1, in the item 
     relating to Mountain Home Air Force Base, Idaho, strike out 
     ``$18,650,000'' in the amount column and insert in lieu 
     thereof ``$25,350,000''.
       On page 416, in the table preceding line 1, in the item 
     relating to McGuire Air Force Base, New Jersey, strike out 
     ``$9,200,000'' in the amount column and insert in lieu 
     thereof ``$16,500,000''.
       On page 416, in the table preceding line 1, insert after 
     the item relating to Cannon Air Force Base, New Mexico, the 
     following:

------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
                             Holloman Air Force Base....      $6,000,000
------------------------------------------------------------------------

       On page 416, in the table preceding line 1, insert after 
     the item relating to Shaw Air Force Base, South Carolina, the 
     following:

------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
South Dakota.................  Ellsworth Air Force Base....   $7,800,000
------------------------------------------------------------------------

       On page 416, in the table preceding line 1, in the item 
     relating to Hill Air Force Base, Utah, strike out 
     ``$8,900,000'' in the amount column and insert in lieu 
     thereof ``$12,600,000''.
       On page 418, in the table preceding line 1, insert after 
     the item relating to Nellis Air Force Base, Nevada, the 
     following:

------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
                         Nellis Air Force Base..  57 units.   $6,000,000
------------------------------------------------------------------------

       On page 419, line 17, strike out ``$1,697,704,000'' and 
     insert in lieu thereof ``$1,740,704,000''.
       On page 419, line 21, strike out ``$473,116,000'' and 
     insert in lieu thereof ``$510,116,000''.
       On page 420, line 10, strike out ``$281,965,000'' and 
     insert in lieu thereof ``$287,965,000''.
       On page 421, in the table following line 10, in the matter 
     relating to Defense Medical Facilities Offices, insert before 
     the item relating to Luke Air Force Base, Arizona, the 
     following:

------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
                             Maxwell Air Force Base,         $10,000,000
                              Alabama.                                  
------------------------------------------------------------------------

       On page 422, in the table preceding line 1, in the matter 
     relating to the Special Operations Command at Fort Bragg, 
     North Carolina, strike out ``$2,600,000'' in the amount 
     column and insert in lieu thereof ``$8,100,000''.
       On page 424, line 22, strike out ``$4,565,533,000'' and 
     insert in lieu thereof ``$4,581,033,000''.
       On page 424, line 25, strike out ``$300,644,000'' and 
     insert in lieu thereof ``$316,144,000''.
       On page 429, line 14, strike out ``$85,353,000'' and insert 
     in lieu thereof ``$148,589,000''.
       On page 429, line 15, strike out ``$44,613,000'' and insert 
     in lieu thereof ``$79,895,000''.
       On page 429, line 19, strike out ``$132,953,000'' and 
     insert in lieu thereof ``$167,503,000''.
       On page 429, line 22, strike out ``$31,982,000'' and insert 
     in lieu thereof ``$35,132,000''.
                                 ______


                        NUNN AMENDMENT NO. 2085

  Mr. NUNN propsed an amendment to the bill S. 1026, supra; as follows:

       On page 403, between lines 16 and 17, insert the following:

     SEC. 1095. ASSOCIATE DIRECTOR OF CENTRAL INTELLIGENCE FOR 
                   MILITARY SUPPORT.

       Section 102 of the National Security Act of 1947 (50 U.S.C. 
     403) is amended by adding at the end the following:
       ``(e) In the event that neither the Director nor Deputy 
     Director of Central Intelligence is a commissioned officer of 
     the Armed Forces, a commissioned officer of the Armed Forces 
     appointed to the position of Associate Director of Central 
     Intelligence for Military Support, while serving in such 
     position, shall not be counted against the numbers and 
     percentages of commissioned officers of the rank and grade of 
     such officer authorized for the armed force of which such 
     officer is a member.''.
                                 ______


                      THOMPSON AMENDMENT NO. 2086

  Mr. THURMOND (for Mr. Thompson) proposed an amendment to the bill S. 
1026, supra; as follows:

       On page 487, below line 24, add the following:

     SEC. 2838. LAND CONVEYANCE, NAVAL SURFACE WARFARE CENTER, 
                   MEMPHIS, TENNESSEE.

       (a) Authority To Convey.--The Secretary of the Navy may 
     convey to the Memphis and Shelby County Port Commission, 
     Memphis, Tennessee (in this section referred to as the 
     ``Port''), all right, title, and interest of the United 
     States in and to a parcel of real property (including any 
     improvements thereon) consisting of approximately 26 acres 
     that is located at the Carderock Division, Naval Surface 
     Warfare Center, Memphis Detachment, Presidents Island, 
     Memphis, Tennessee.
       (b) Consideration.--As consideration for the conveyance of 
     real property under subsection (a), the Port shall--
       (1) grant to the United States a restrictive easement in 
     and to a parcel of real property consisting of approximately 
     100 acres that is adjacent to the Memphis Detachment, 
     Presidents Island, Memphis, Tennessee; and
       (2) if the fair market value of the easement granted under 
     paragraph (1) exceeds the fair market value of the real 
     property conveyed under subsection (a), provide the United 
     States such additional consideration as the Secretary and the 
     Port jointly determine appropriate so that the value of the 
     consideration received by the United States under this 
     subsection is equal to or greater than the fair market value 
     of the real property conveyed under subsection (a).
       (c) Condition of Conveyance.--The conveyance authorized by 
     subsection (a) shall be carried out in accordance with the 
     provisions of the Land Exchange Agreement between the United 
     States of America and the Memphis and Shelby County Port 
     Commission, Memphis, Tennessee.
       (d) Determination of Fair Market Value.--The Secretary 
     shall determine the fair market value of the real property to 
     be conveyed under subsection (a) and of the easement to be 
     granted under subsection (b)(1). Such determinations shall be 
     final.
       (e) Use of Proceeds.--The Secretary shall deposit any 
     proceeds received under subsection (b)(2) as consideration 
     for the conveyance of real property authorized under 
     subsection (a) in the special account established pursuant to 
     section 204(h) of the Federal Property and Administrative 
     Services Act of 1949 (40 U.S.C. 485(h)).
       (f) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) and the easement to be granted under 
     subsection (b)(1) shall be determined by surveys satisfactory 
     to the Secretary. The cost of the surveys shall be borne by 
     the Port.
       (g) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance authorized by subsection (a) and the 
     easement granted under subsection (b)(1) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
     

                          ____________________