104th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 104-570
PROVIDING FOR THE CONSIDERATION OF
H.R. 3230, THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1997
May 9, 1996.--Referred to the House Calendar and ordered to be printed
Mr. Solomon, from the Committee on Rules, submitted the following
REPORT
[To accompany H. Res. 430]
The Committee on Rules, having had under consideration House Resolution 430, by a non-record vote, report the same to the House with the recommendation that the resolution be adopted.
Brief Summary of Provisions of Resolution
The resolution provides for the consideration of H.R. 3230, the National Defense Authorization Act for fiscal year 1997, under a structured rule. The rule waives all points of order against the bill and against its consideration and provides for two hours of general debate divided equally between the chairman and ranking minority member of the Committee on National Security.
Summary of Amendments Made in Order for H.R. 3230, the National Defense Authorization Act for Fiscal Year 1997
(Listed in the order they appear in this report)
PART A--STRUCTURED DEBATE AMENDMENTS
Nunn--Lugar (40 minutes additional debate time)
1. Solomon: Prohibits the further obligation of funds for the Nunn-Lugar program in Russia and Belarus until the president certifies to Congress that Russia has met 10 conditions relating to arms control, Russian foreign and military policy and Russian exports. (10 min.)
2. Gilman: Prohibits any funds appropriated under any Act from being obligated or expended pursuant to the authorization for the Cooperative Threat Reduction to Russia or any other NIS country for the purpose of promoting defense conversion. (10 min.)
PART B--GENERAL AMENDMENTS
4. Spratt: Adds a new paragraph to Section 219 of Subtitle B of Title II to clarify the requirements of the Space and Missile Tracking System satellite constellation. (10 min.)
5. Cunningham: Clarifies report language concerning funds authorized for the development of a concept effort for an improved high altitude, low observable, unmanned aerial reconnaissance vehicle. (10 min.)
6. Taylor (MS): Provides that 15 days after the enactment of this Act, the President shall submit to Congress a written certification stating specifically whether or not the U.S. has the capability, at the date of certification, to prevent the illegal importation of nuclear, biological or chemical weapons into the U.S. and its possessions. (10 min.)
19. Gilman: Authorizes the transfer of naval vessels to certain foreign countries pursuant to the Administration's request of January 29, 1996, and modifies authorities governing foreign arms sales. This amendment is identical to H.R. 3121, which the House passed on April 16, 1996 by voice vote. (10 min.)
26. Markey: Sense of Congress calling on the President to impose the strongest sanctions available under U.S. law on Chinese companies involved in the export of military and industrial products. (10 min.)
28. Kennedy(MA): Sense of Congress that it is in the security interest of the U.S. to provide assistance to countries to improve the security of their fissile materials. (10 min.)
31. Lewis (CA): Congress supports the continuation of the South West Border States Anti-Drug Information System. (10 min.)
PART A
A-1. An Amendment To Be Offered by Representative Solomon of New York, or a Designee, Debatable for 10 Minutes
In section 1104 (page 362, beginning on line 17)--
(1) insert ``(a) In General.--'' before ``None of the funds''; and
(2) add at the end (page 363, after line 12) the following:
(b) Annual Presidential Certification With Respect to Russia and Belarus.--None of the funds appropriated for Cooperative Threat Reduction programs for any fiscal year may be obligated for any activity in Russia or Belarus until the President submits to Congress, after such funds are appropriated, a current certification of each of the following:
(1) Russia is in compliance with all arms control agreements.
(2) Russia is not developing offensive chemical or biological weapons.
(3) Russia has ceased all construction of and operations at the underground military complex at Yamantau Mountain.
(4) Russia is not modernizing its nuclear arsenal.
(5) Russia has ceased all offensive military operations in Chechnya.
(6) Russia has begun, and is making continual progress toward, the unconditional implementation of the Russian-Moldovan troop withdrawal agreement, signed by the prime ministers of Russia and Moldova on October 21, 1994, and is not providing military assistance to any military forces in the Transdniestra region of Moldova.
(7) Russian troops in the Kaliningrad region of Russia are respecting the sovereign territory of Lithuania and other neighboring countries.
(8) The activities of Russia in the other independent states of the former Soviet Union do not represent an attempt by Russia to violate or otherwise diminish the sovereignty and independence of such states.
(9) Russia is not providing any intelligence information to Cuba and is not providing any assistance to Cuba with respect to the signal intelligence facility at Lourdes.
(10)(A) Russia is not providing to the countries described in subparagraph (B) goods or technology, including conventional weapons, which could contribute to the acquisition by these countries of chemical, biological, nuclear, or advanced conventional weapons.
(B) The countries described in this subparagraph are Iran, Iraq, Libya, Syria, Cuba, or any country, the government of which the Secretary of State has determined, for purposes of section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(6)(j)(1)), has repeatedly provided support for acts of international terrorism.
A-2. An Amendment To Be Offered by Representative Gilman of New York, or a Designee, Debatable for 10 Minutes
In section 1103 (page 362, beginning on line 1)--
(1) insert ``(a) In General.--'' before ``None of the funds'';(2) strike out paragraph (3) and redesignate paragraphs (4) and (5) as paragraphs (3) and (4), respectively; and
(3) add at the end (page 362, after line 16) the following:
(b) Limitation With Respect to Defense Conversion Assistance.--None of the funds appropriated pursuant to this or any other Act may be obligated or expended for the provision of assistance to Russia or any other state of the former Soviet Union to promote defense conversion, including assistance through the Defense Enterprise Fund.
PART B.
B-4. An Amendment To Be Offered by Representative Spratt of South Carolina, or a Designee
In section 219 (page 46, beginning on line 16)--
(1) redesignate subsection (c) as subsection (d); and(2) after subsection (b), insert the following:
(c) Notwithstanding any other provision of law, the Space and Missile Tracking System shall be developed and deployed so as to have the capability--
(1) to acquire and track incoming ballistic missiles;(2) to cue theater and national missile defense systems; and
(3) to supply technical intelligence and battlespace characterization.
B-5. An Amendment To Be Offered by Representative Cunningham of California, or a Designee
At the end of subtitle B of title II (page 50, after line 6), insert the following new section:
SEC. 223. HIGH ALTITUDE ENDURANCE UNMANNED AERIAL RECONNAISSANCE SYSTEM.
Any funds authorized to be appropriated under this title to develop concepts for an improved Tier III Minus (High Altitude Endurance Unmanned Aerial Reconnaissance System) that would increase the unit flyaway cost above the established contracted for amount must be awarded through competitive acquisition procedures.B-6. An Amendment To Be Offered by Representative Taylor of Mississippi, or a Designee
At the end of subtitle B of title II (page 50, after line 6), insert the following new section:
SEC. 223. CERTIFICATION OF CAPABILITY OF UNITED STATES TO PREVENT ILLEGAL IMPORTATION OF NUCLEAR, BIOLOGICAL, OR CHEMICAL WEAPONS.
Not later than 15 days after the date of the enactment of this Act, the President shall submit to Congress a certification in writing stating specifically whether or not the United States has the capability (as of the date of the certification) to prevent the illegal importation of nuclear, biological, or chemical weapons into the United States and its possessions.
B-19. An Amendment To Be Offered by Representative Gilman of New York or a Designee
Subtitle C--Antiterrorism Assistance
SEC. 1521. ANTITERRORISM TRAINING ASSISTANCE.
(a) In General.--Section 571 of the Foreign Assistance Act of 1961 (22 U.S.C. 2349aa) is amended by striking ``Subject to the provisions of this chapter'' and inserting ``Notwithstanding any other provision of law that restricts assistance to foreign countries (other than sections 502B and 620A of this Act)''.
(b) Limitations.--Section 573 of such Act (22 U.S.C. 2349aa- 2) is amended--
(1) in the heading, by striking ``Specific Authorities and'';(2) by striking subsection (a);
(3) by redesignating subsections (b) through (f) as subsections (a) through (e), respectively; and
(4) in subsection (c) (as redesignated)--
(A) by striking paragraphs (1) and (2);
(B) by redesignating paragraphs (3) through (5) as paragraphs (1) through (3), respectively; and
(C) by amending paragraph (2) (as redesignated) to read as follows:
``(2)(A) Except as provided in subparagraph (B), funds made available to carry out this chapter shall not be made available for the procurement of weapons and ammunition.
``(B) Subparagraph (A) shall not apply to small arms and ammunition in categories I and III of the United States Munitions List that are integrally and directly related to antiterrorism training provided under this chapter if, at least 15 days before obligating those funds, the President notifies the appropriate congressional committees specified in section 634A of this Act in accordance with the procedures applicable to reprogramming notifications under such section.
``(C) The value (in terms of original acquisition cost) of all equipment and commodities provided under this chapter in any fiscal year may not exceed 25 percent of the funds made available to carry out this chapter for that fiscal year.''.
(c) Annual Report.--Section 574 of such Act (22 U.S.C. 2349aa-3) is hereby repealed.
(d) Technical Corrections.--Section 575 (22 U.S.C. 2349aa-4) and section 576 (22 U.S.C. 2349aa-5) of such Act are redesignated as sections 574 and 575, respectively.
SEC. 1522. RESEARCH AND DEVELOPMENT EXPENSES.
Funds made available for fiscal years 1996 and 1997 to carry out chapter 8 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2349aa et seq.; relating to antiterrorism assistance) may be made available to the Technical Support Working Group of the Department of State for research and development expenses related to contraband detection technologies or for field demonstrations of such technologies (whether such field demonstrations take place in the United States or outside the United States).Subtitle D--Narcotics Control Assistance
SEC. 1531. ADDITIONAL REQUIREMENTS.
(a) Policy and General Authorities.--Section 481(a) of the Foreign Assistance Act (22 U.S.C. 2291(a)) is amended--(1) in paragraph (1)--(A) by redesignating subparagraphs (D) through (F) as subparagraphs (E) through (G), respectively; and
(B) by inserting after subparagraph (C) the following new subparagraph:
``(D) International criminal activities, particularly international narcotics trafficking, money laundering, and corruption, endanger political and economic stability and democratic development, and assistance for the prevention and suppression of international criminal activities should be a priority for the United States.''; and
(2) in paragraph (4), by adding before the period at the end the following: ``, or for other anticrime purposes''.
(b) Contributions and Reimbursement.--Section 482(c) of that Act (22 U.S.C. 2291a(c)) is amended--
(1) by striking ``Contribution by Recipient Country.--To'' and inserting ``Contributions and Reimbursement.--(1) To''; and(2) by adding at the end the following new paragraphs:
``(2)(A) The President is authorized to accept contributions from foreign governments to carry out the purposes of this chapter. Such contributions shall be deposited as an offsetting collection to the applicable appropriation account and may be used under the same terms and conditions as funds appropriated pursuant to this chapter.
``(B) At the time of submission of the annual congressional presentation documents required by section 634(a), the President shall provide a detailed report on any contributions received in the preceding fiscal year, the amount of such contributions, and the purposes for which such contributions were used.
``(3) The President is authorized to provide assistance under this chapter on a reimbursable basis. Such reimbursements shall be deposited as an offsetting collection to the applicable appropriation and may be used under the same terms and conditions as funds appropriated pursuant to this chapter.''.
(c) Implementation of Law Enforcement Assistance.--Section 482 of such Act (22 U.S.C. 2291a) is amended by adding at the end the following new subsections:
``(f) Treatment of Funds.--Funds transferred to and consolidated with funds appropriated pursuant to this chapter may be made available on such terms and conditions as are applicable to funds appropriated pursuant to this chapter. Funds so transferred or consolidated shall be apportioned directly to the bureau within the Department of State responsible for administering this chapter.
``(g) Excess Property.--For purposes of this chapter, the Secretary of State may use the authority of section 608, without regard to the restrictions of such section, to receive nonlethal excess property from any agency of the United States Government for the purpose of providing such property to a foreign government under the same terms and conditions as funds authorized to be appropriated for the purposes of this chapter.''.
SEC. 1532. NOTIFICATION REQUIREMENT.
(a) In General.--The authority of section 1003(d) of the National Narcotics Control Leadership Act of 1988 (21 U.S.C. 1502(d)) may be exercised with respect to funds authorized to be appropriated pursuant to the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) and with respect to the personnel of the Department of State only to the extent that the appropriate congressional committees have been notified 15 days in advance in accordance with the reprogramming procedures applicable under section 634A of that Act (22 U.S.C. 2394).
(b) Definition.--For purposes of this section, the term ``appropriate congressional committees'' means the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate.
SEC. 1533. WAIVER OF RESTRICTIONS FOR NARCOTICS-RELATED ECONOMIC ASSISTANCE.
For each of the fiscal years 1996 and 1997, narcotics-related assistance under part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) may be provided notwithstanding any other provision of law that restricts assistance to foreign countries (other than section 490(e) or section 502B of that Act (22 U.S.C. 2291j(e) and 2304)) if, at least 15 days before obligating funds for such assistance, the President notifies the appropriate congressional committees (as defined in section 481(e) of that Act (22 U.S.C. 2291(e))) in accordance with the procedures applicable to reprogramming notifications under section 634A of that Act (22 U.S.C. 2394).
B-26. An Amendment To Be Offered by Representative Markey of Massachusetts, or a Designee
At the end of title X (page 359, after line 20), insert the following new section:
SEC. . SENSE OF CONGRESS REGARDING NUCLEAR WEAPONS PROLIFERATION.
(a) Findings.--The Congress finds that--(1) intelligence investigations by the United States have revealed transfers from the People's Republic of China (hereafter in this section referred to as the ``PRC'') to Pakistan of sophisticated equipment important to the development of nuclear weapons;(2) the PRC acceded to the Treaty on the Non- Proliferation of Nuclear Weapons (hereafter in this section referred to as the ``NPT'') as a nuclear-weapon state on March 9, 1992;
(3) Article I of the NPT stipulates that a nuclear- weapon state party to the treaty shall not in any way encourage, assist, or induce any nonnuclear-weapon state to manufacture or otherwise acquire nuclear weapons;
(4) the NPT establishes a non-nuclear-weapon state as one which has not manufactured and exploded a nuclear weapon by January 1, 1967;
(5) Pakistan had not manufactured and exploded a nuclear weapon by January 1, 1967;
(6) Article III of the NPT requires each party to the treaty not to provide to any nonnuclear-weapon state equipment or material designed or prepared for the processing, use, or production of special fissionable material, unless the material is subject to the safeguards stipulated in the treaty;
(7) Pakistan has not acceded to the NPT, and nuclear- related equipment and material provided to Pakistan is not subject to international safeguards;
(8) under the NPT, assisting a nonnuclear-weapon state to acquire unsafeguarded nuclear material important to the manufacture of nuclear weapons is a violation of Articles I and III of the NPT;
(9) this transfer constitutes the latest example in a consistent pattern of nuclear weapon-related exports by the PRC to non-nuclear-weapon states in violation of international treaties and agreements and United States laws relating to the nonproliferation of nuclear weapons; and
(10) failure to enforce the applicable sanctions available under United States law in this case would compromise vital United States security interests and undermine the credibility of United States and international efforts to discourage commerce in nuclear-related equipment, technology, and materials.
(b) Sense of Congress.--It is the sense of the Congress that--
(1) in response to the transfers from the PRC to Pakistan of equipment important to the development of a nuclear weapons program, the President should impose the strongest possible sanctions available under United States law on all Chinese official and commercial entities associated directly or indirectly with the research, development, sale, transportation, or financing of any nuclear or military industrial product or service made available for export since March 9, 1992; and(2) the President should not, in this case, exercise his authority to waive sanctions provided under United States law.
B-28. An Amendment To Be Offered by Representative Kennedy of Massachusetts, or a Designee
At the end of title X (page 359, after line 20), insert the following new section:
SEC. 1041. SENSE OF CONGRESS CONCERNING ASSISTING OTHER COUNTRIES TO IMPROVE SECURITY OF FISSILE MATERIAL.
(a) Findings.--Congress finds the following:
(1) With the end of the Cold War, the world is faced with the need to manage the dismantling of vast numbers of nuclear weapons and the disposition of the fissile materials that they contain.
(2) If recently agreed reductions in nuclear weapons are fully implemented, tens of thousands of nuclear weapons, containing a hundred tons or more of plutonium and many hundreds of tons of highly enriched uranium, will no longer be needed for military purposes.
(3) Plutonium and highly enriched uranium are the essential ingredients of nuclear weapon.
(4) Limits on access to plutonium and highly enriched uranium are the primary technical barrier to acquiring nuclear weapons capability in the world today.
(5) Several kilograms of plutonium, or several times that amount of highly enriched uranium, are sufficient to make a nuclear weapons.
(6) Plutonium and highly enriched uranium will continue to pose a potential threat for as long as they exist.
(7) Action is required to secure and account for plutonium and highly enriched uranium.
(8) It is in the national interest of the United States to--
(A) minimize the risk that fissile materials could be obtained by unauthorized parties;(B) minimize the risk that fissile materials could be reintroduced into the arsenals from which they came, halting or reversing the arms reduction process; and
(C) strengthen the national and international control mechanisms and incentives designed to ensure continued arms reductions and prevent the spread of nuclear weapons.
(b) Sense of Congress.--In light of the findings contained in subsection (a), it is the sense of Congress that the United States has a national security interest in assisting other countries to improve the security of their stocks of fissile material.
B-31. An Amendment To Be Offered by Representative Lewis of California, or a Designee
At the end of title X (page 359, after line 20), insert the following new section:
SEC. . SUPPORT FOR SOUTHWEST BORDER STATES ANTI-DRUG INFORMATION SYSTEM.
Congress supports the continuation of the Southwest Border States Anti-Drug Information System.
B-34. An Amendment To Be Offered by Representative Hastings of Washington
In section 3104 (title XXXI): Insert at the end of paragraph (8) (page 519, after line 19) the following new paragraph (and renumber the next paragraph accordingly):
(9) For nuclear security/Russian production reactor shutdown, $6,000,000.
Designate the text of such section as subsection (a) and insert at the end (page 520, after line 20) the following new subsection:
(b) Adjustment.--The total amount authorized to be
appropriated pursuant to this section is the sum of the amounts
specified in subsection (a) reduced by $6,000,000 for use of
prior year balances.
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