[Congressional Record Volume 141, Number 129 (Friday, August 4, 1995)]
[Senate]
[Pages S11470-S11471]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


      THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1996

                                 ______


                 HARKIN (AND OTHERS) AMENDMENT NO. 2121

  Mr. HARKIN (for himself, Mr. Abraham, Ms. Snowe, and Mrs. Boxer) 
proposed an amendment to the bill S. 1026, supra; as follows:

       On page 371, after line 21, insert the following:

     SEC. 1062 REDUCTION OF UNITED STATES MILITARY FORCES IN 
                   EUROPE.

       (a) End Strength Reductions for Military Personnel in 
     Europe.--Notwithstanding section 1002(c)(1) of the National 
     Defense Authorization Act, 1985 (22 U.S.C. 1928 note), but 
     subject to subsection (d), for each of fiscal years 1997 and 
     1998, the Secretary of Defense shall reduce the end strength 
     level of members of the Armed Forces of the United States 
     assigned to permanent duty ashore in European member nations 
     of the North Atlantic Treaty Organization (NATO) in 
     accordance with subsection (b).
       (b) Reduction Formula.--
       (1) Application of formula.--For each percentage point by 
     which, as of the end of a fiscal year, the allied 
     contribution level determined under paragraph (2) is less 
     than the allied contribution goal specified in subsection 
     (c), the Secretary of Defense shall reduce the end strength 
     level of members of the Armed Forces of the United States 
     assigned to permanent duty ashore in European member nations 
     of NATO by 1,000 for the next fiscal year. The reduction 
     shall be made from the end strength level in effect, pursuant 
     to section 1002(c)(1) of the National Defense Authorization 
     Act, 1985 (22 U.S.C. 1928 note), and subsection (a) of this 
     section (if applicable), for the fiscal year in which the 
     allied contribution level is less than the goal specified in 
     subsection (c).
       (2) Determination of allied contribution level.--To 
     determine the allied contribution level with respect to a 
     fiscal year, the Secretary of Defense shall calculate the 
     aggregate amount of the incremental costs to the United 
     States of permanently stationing United States forces ashore 
     in European member nations of NATO, and the foreign labor 
     compensation costs of United States military installations in 
     European member nations of NATO, that are assumed during that 
     fiscal year by such nations, except that the Secretary may 
     consider only those cash and in-kind contributions by such 
     nations that replace expenditures that would otherwise be 
     made by the Secretary using funds appropriated or otherwise 
     made available in defense appropriations Acts.
       (c) Annual Allied Contribution Goals.--
       (1) Goals.--In continuing efforts to enter into revised 
     host-nation agreements as described in the provisions of law 
     specified in paragraph (2), the President is urged to seek to 
     have European member nations of NATO assume an increased 
     share of the incremental costs to the United States of 
     permanently stationing United States forces ashore in 
     European member nations of NATO and the foreign labor 
     compensation costs of United States military installations in 
     those nations in accordance with the following timetable:
       (A) By September 30, 1996, 37.5 percent of such costs 
     should be assumed by those nations.
       (B) By September 30, 1997, 75.0 percent of such costs 
     should be assumed by those nations.
       (2) Specified laws.--The provisions of law referred to in 
     paragraph (1) are--
       (A) section 1301(e) of National Defense Authorization Act 
     for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2545);
       (B) section 1401(c) of the National Defense Authorization 
     Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 
     1824); and
       (C) section 1304 of the National Defense Authorization Act 
     for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2890),
       (d) Exceptions.--
       (1) Minimum end strength authority.--Notwithstanding 
     reductions required pursuant to subsection (a), the Secretary 
     of Defense may maintain an end strength of at least 25,000 
     members of the Armed Forces of the United States assigned to 
     permanent duty ashore in European member nations of NATO.
       (2) Waiver authority.--The President may waive operation of 
     this section if the President declares an emergency. The 
     President shall immediately inform Congress of any such 
     waiver and the reasons for the waiver.
       (e) Allocation of Force Reductions.--To the extent that 
     there is a reduction in end strength level for any of the 
     Armed Forces in European member nations of NATO in a fiscal 
     year pursuant to subsection (a), the reduction shall be used 
     to make a corresponding increase in the end strength levels 
     of members of each of the Armed Forces of the United States 
     assigned to permanent duty ashore in the United States or in 
     other nations (other than European member nations of NATO). 
     The Secretary of Defense shall allocate the increases in end 
     strength levels under this section.
       (f) Incremental Costs Defined.--For purposes of this 
     section, the term ``incremental costs'', with respect to 
     permanent stationing ashore of United States forces in 
     foreign nations, has the meaning given such term in section 
     1313(f) of the National Defense Authorization Act for Fiscal 
     Year 1995 (Public Law 103-337; 108 Stat. 2895).
                                 ______


                LEVIN (AND BINGAMAN) AMENDMENT NO. 2122

  Mr. LEVIN (for himself and Mr. Bingaman) proposed an amendment to the 
bill S. 1026, supra; as follows:

       At the end of Section 105, insert the following: ``The 
     reserve components shall choose the equipment to be procured 
     with the Funds authorized herein according to their highest 
     modernization priorities.''
                                 ______


                        GLENN AMENDMENT NO. 2123

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

       Beginning on page 154, strike out line 4 and all that 
     follows through page 155, line 20, and insert in lieu thereof 
     the following:

     SEC. 502. REVIEW OF PERIOD OF OBLIGATED ACTIVE DUTY SERVICE 
                   FOR GRADUATES OF SERVICE ACADEMIES.

       Not later than April 1, 1996, the Secretary of Defense 
     shall--
       (1) review the effects that each of various periods of 
     obligated active duty service for graduates of the United 
     States Military Academy, the United States Naval Academy, and 
     the United States Air Force Academy would have on the number 
     and quality of the eligible and qualified applicants seeking 
     appointment to such academies; and
       (2) submit to the Committee on Armed Services of the Senate 
     and the Committee on National Security of the House of 
     Representatives a report on the Secretary's findings together 
     with any recommended legislation regarding the minimum 
     periods of obligated active duty service for graduates of the 
     United States Military Academy, the United States 
     Naval Academy, and the United States Air Force Academy.
                                 ______


                 LEAHY (AND OTHERS) AMENDMENT NO. 2124

  Mr. LEAHY (for himself), Mr. Lugar, Mr. Graham, Mrs. Kassebaum, Mr. 
Simon, Mr. Inouye, Mr. Jeffords, Mr. Reid, Mr. Hatfield, Mr. Ford, Mr. 
Harkin, Mr. Sarbanes, Mr. Feingold, Mr. Kohl, Mr. Lautenberg, Mr. Dodd, 
Mr. Kerry, Mr. Bradley, Ms. Moseley-Braun, Mr. Bumpers, Mr. Kennedy, 
Mrs. Boxer, Mr. Pell, Mr. Chafee, Mr. Dorgan, Ms. Mikulski, Mr. 
Wellstone, Mr. Daschle, Mrs. Murray, Mr. Simpson, Mr. Bryan, Mr. 
Moynihan, and Mr. Kerrey, Mrs. Feinstein, Mr. Akaka, Mr. Conrad, Mr. 

[[Page S 11471]]
Johnston, Mr. Pryor, Mr. Breaux, Mr. Exon, Mr. Campbell, Mr. Robb, Mr. 
Rockefeller, Mr. Lieberman, Mr. Levin, Mr. Byrd, Mr. Gorton, Mr. 
Specter, Mr. McConnell, and Mr. Bingaman) proposed an amendment to the 
bill S. 1026, supra; as follows:

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

     SEC.   . LANDMINE USE MORATORIUM.

       (a) Findings.--The Congress makes the following findings:
       (1) On September 26, 1994, the President declared that it 
     is a goal of the United States to eventually eliminate 
     antipersonnel landmines.
       (2) On December 15, 1994, the United Nations General 
     Assembly adopted a resolution sponsored by the United States 
     which called for international efforts to eliminate 
     antipersonnel landmines.
       (3) According to the Department of State, there are an 
     estimated 80,000,000 to 110,000,000 unexploded landmines in 
     62 countries.
       (4) Antipersonnel landmines are routinely used against 
     civilian populations and kill and maim an estimated 70 people 
     each day, or 26,000 people each year.
       (5) The Secretary of State has noted that landmines are 
     ``slow-motion weapons of mass destruction''.
       (6) There are hundreds of varieties of antipersonnel 
     landmines, from a simple type available at a cost of only two 
     dollars to the more complex self-destructing type, and all 
     landmines of whatever variety kill and maim civilians, as 
     well as combatants, indiscriminately.
       (b) Conventional Weapons Convention Review.--It is the 
     sense of Congress that, at the United Nations conference to 
     review the 1980 Conventional Weapons Convention, including 
     Protocol II on landmines, that is to be held from September 
     25 to October 13, 1995, the President should actively support 
     proposals to modify Protocol II that would implement as 
     rapidly as possible the United States goal of eventually 
     eliminating antipersonnel landmines.
       (c) Moratorium on Use of Antipersonnel Landmines.--
       (1) United States Moratorium.--(A) For a period of one year 
     beginning three years after the date of the enactment of this 
     Act, the United States shall not use antipersonnel landmines 
     except along internationally recognized national borders or 
     in demilitarized zones within a perimeter marked area that is 
     monitored by military personnel and protected by adequate 
     means to ensure the exclusion of civilians.
       (B) If the President determines, before the end of the 
     period of the United States moratorium under subparagraph 
     (A), that the governments of other nations are implementing 
     moratoria on use of antipersonnel landmines similar to the 
     United States moratorium, the President may extend the period 
     of the United States moratorium for such additional period as 
     the President considers appropriate.
       (2) Other Nations.--It is the sense of Congress that the 
     President should actively encourage the governments of other 
     nations to join the United States in solving the global 
     landmine crisis by implementing moratoria on use of 
     antipersonnel landmines similar to the United States 
     moratorium as a step toward the elimination of antipersonnel 
     landmines.
       (d) Antipersonnel Landmine Exports.--It is the sense of 
     Congress that, consistent with the United States moratorium 
     on exports of antipersonnel landmines and in order to further 
     discourage the global proliferations of antipersonnel 
     landmines, the United States Government should not sell, 
     license for export, or otherwise transfer defense articles 
     and services to any foreign government which, as determined 
     by the President, sells, exports, or otherwise transfers 
     antipersonnel landmines.
       (e) Defintions.--For purposes of this Act:
       (1) Antipersonnel Landmine.--The term ``antipersonnel 
     landmine'' means any munition placed under, on, or near the 
     ground or other surface area, delivered by artillery, rocket, 
     mortar, or similar means, or dropped from an aircraft and 
     which is designed, constructed, or adapted to be detonated or 
     exploded by the presence, proximity, or contact of a person.
       (2) 1980 Conventional Weapons Convention.--The term ``1980 
     Conventional Weapons Convention'' means the Convention on 
     Prohibitions or Restrictions on the Use of Certain 
     Conventional Weapons Which May Be Deemed To Be Excessively 
     Injurious or To Have Indiscriminate Effects, together with 
     the protocols relating thereto, done at Geneva on October 10, 
     1980.
                                 ______

      BROWN AMENDMENT NO. 2125

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

       At the appropriate place in the bill add the following new 
     section:

     SEC.  . CLARIFICATION OF RESTRICTIONS.

       Subsection (e) of section 620E of the Foreign Assistance 
     Act of 1961 (P.L. 87-195) is amended:
       (1) by striking the words ``No assistance'' and inserting 
     the words ``No military assistance'';
       (2) by striking the words ``in which assistance is to be 
     furnished or military equipment or technology'' and inserting 
     the words ``in which military assistance is to be furnished 
     or military equipment or technology''; and
       (3) by striking the words ``the proposed United States 
     assistance'' and inserting the words ``the proposed United 
     States military assistance''.
       (4) by adding the following new paragraph:
       (2) The prohibitions in this section do not apply to any 
     assistance or transfer provided for the purposes of:
       (A) International narcotics control (including Chapter 8 of 
     Part I of this Act) or any provision of law available for 
     providing assistance for counternarcotics purposes;
       (B) Facilitating military-to-military contact, training 
     (including Chapter 5 of Part II of this Act) and humanitarian 
     and civil assistance projects;
       (C) Peacekeeping and other multilateral operations 
     (including Chapter 6 of Part II of this Act relating to 
     peacekeeping) or any provision of law available for providing 
     assistance for peacekeeping purposes, except that lethal 
     military equipment shall be provided on a lease or loan basis 
     only and shall be returned upon completion of the operation 
     for which it was provided;
       (D) Antiterrorism assistance (including Chapter 8 of Part 
     II of this Act relating to antiterrorism assistance) or any 
     provision of law available for antiterrorism assistance 
     purposes;
       (5) by adding the following new subsections at the end--
       (f) Storage Costs.--The President may release the 
     Government of Pakistan of its contractual obligation to pay 
     the United States Government for the storage costs of items 
     purchased prior to October 1, 1990, but not delivered by the 
     United States Government pursuant to subsection (e) and may 
     reimburse the Government of Pakistan for any such amounts 
     paid, on such terms and conditions as the President may 
     prescribe, provided that such payments have no budgetary 
     impact.
       (g) Return of Military Equipment.--The President may return 
     to the Government of Pakistan military equipment paid for and 
     delivered to Pakistan and subsequently transferred for repair 
     or upgrade to the United States but not returned to Pakistan 
     pursuant to subsection (e). Such equipment or its equivalent 
     may be returned to the Government of Pakistan provided that 
     the President determines and so certifies to the appropriate 
     congressional committees that such equipment or equivalent 
     neither constitutes nor has received any significant 
     qualitative upgrade since being transferred to the United 
     States.
     

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