[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

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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).
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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.''
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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.
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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.
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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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