HOUSE OF REPRESENTATIVES

1475

1995 T123.13

Act (50 U.S.C. 1641(c)), I transmit herewith a 6-month periodic report on the

national emergency declared by Executive Order No. 12924 of August 19, 1994,

to deal with the threat to the national

security, foreign policy, and economy

of the United States caused by the

lapse of the Export Administration Act

of 1979.

WILLIAM J. CLINTON.

THE WHITE HOUSE, September 29, 1995.

By unanimous consent, the message,

together with the accompanying papers, was referred to the Committee on

International Relations and ordered to

be printed (H. Doc. 104–120).

T123.13 MESSAGE FROM THE

PRESIDENT—U.S-SOUTH AFRICA

AGREEMENT ON NUCLEAR ENERGY

USES

The SPEAKER pro tempore, Mr.

BUNNING, laid before the House a message from the President, which was

read as follows:

To the Congress of the United States:

I am pleased to transmit to the Congress, pursuant to sections 123 b. and

123 d. of the Atomic Energy Act of 1954,

as amended (42 U.S.C. 2153 (b), (d)), the

text of a proposed Agreement for Cooperation Between the United States of

America and the Republic of South Africa Concerning Peaceful Uses of Nuclear Energy, with accompanying

annex and agreed minute. I am also

pleased to transmit my written approval, authorization, and determination concerning the agreement, and the

memorandum of the Director of the

United States Arms Control and Disarmament Agency with the Nuclear Proliferation Assessment Statement concerning the agreement. The joint

memorandum submitted to me by the

Acting Secretary of State and the Secretary of Energy, which includes a

summary of the provisions of the

agreement and various other attachments, including agency views, is also

enclosed.

The proposed agreement with the Republic of South Africa has been negotiated in accordance with the Atomic

Energy Act of 1954, as amended by the

Nuclear Non-Proliferation Act of 1978

(NNPA) and as otherwise amended. In

my judgment, the proposed agreement

meets all statutory requirements and

will advance the non-proliferation and

other foreign policy interests of the

United States. It provides a comprehensive framework for peaceful nuclear cooperation between the United

States and South Africa under appropriate conditions and controls reflecting a strong common commitment to

nuclear non-proliferation goals.

The proposed new agreement will replace an existing U.S.-South Africa

agreement for peaceful nuclear cooperation that entered into force on

August 22, 1957, and by its terms would

expire on August 22, 2007. The United

States suspended cooperation with

South Africa under the 1957 agreement

in the 1970’s because of evidence that

South Africa was embarked on a nuclear weapons program. Moreover, following passage of the NNPA in 1978,

South Africa did not satisfy a provision

of section 128 of the Atomic Energy Act

(added by the NNPA) that requires fullscope IAEA safeguards in non-nuclear

weapon states such as South Africa as

a condition for continued significant

U.S. nuclear exports.

In July 1991 South Africa, in a momentous policy reversal, acceded to the

Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and promptly entered into a full-scope safeguards

agreement with the IAEA as required

by the Treaty. South Africa has been

fully cooperative with the IAEA in carrying out its safeguards responsibilities.

Further, in March 1993 South Africa

took the dramatic and candid step of

revealing the existence of its past nuclear weapons program and reported

that it had dismantled all of its six nuclear devices prior to its accession to

the NPT. It also invited the IAEA to

inspect its formerly nuclear weaponsrelated facilities to demonstrate the

openness of its nuclear program and its

genuine commitment to non-proliferation.

South Africa has also taken a number of additional important non-proliferation steps. In July 1993 it put into

effect a law banning all weapons of

mass destruction. In April 1995 it became a member of the Nuclear Suppliers Group (NSG), formally committing itself to abide by the NSG’s stringent guidelines for nuclear exports. At

the 1995 NPT Review and Extension

Conference it played a decisive role in

the achievement of indefinite NPT extension—a top U.S. foreign policy and

national security goal.

These steps are strong and compelling evidence that South Africa is now

firmly committed to stopping the

spread of weapons of mass destruction

and to conducting its nuclear program

for peaceful purposes only.

In view of South Africa’s fundamental reorientation of its nuclear program, the United States proposes to

enter into a new agreement for peaceful nuclear cooperation with South Africa. Although cooperation could have

been resumed under the 1957 agreement, both we and South Africa believe

that it is preferable to have a new

agreement completely satisfying, as

the proposed new agreement does, the

current legal and policy criteria of

both sides, and that reflects, among

other things:

—Additional international non-proliferation commitments entered

into by the parties since 1974, when

the old agreement was last amended, including, for South Africa, its

adherence to the Treaty on the

Non-Proliferation of Nuclear Weapons;

—Reciprocity in the application of

the terms and conditions of cooperation between the parties; and

—An updating of terms and conditions to take account of intervening changes in the respective

domestic legal and regulatory

frameworks of the parties in the

area of peaceful nuclear cooperation.

For the United States, the proposed

new agreement also represents an additional instance of compliance with section 404(a) of the NNPA, which calls for

an effort to renegotiate existing agreements for cooperation to include the

more stringent requirements established by the NNPA.

The proposed new agreement with

South Africa permits the transfer of

technology, material, equipment (including reactors), and components for

nuclear research and nuclear power

production. It provides for U.S. consent

rights to retransfers, enrichment, and

reprocessing as required by U.S. law. It

does not permit transfers of any sensitive nuclear technology, restricted

data, or sensitive nuclear facilities or

major critical components thereof. In

the event of termination, key conditions and controls continue with respect to material and equipment subject to the agreement.

From the United States perspective

the proposed new agreement improves

on the 1957 agreement by the addition

of a number of important provisions.

These include the provisions for fullscope safeguard; perpetuity of safeguards; a ban on ‘‘peaceful’’ nuclear explosives; a right to require the return

of exported nuclear items in certain

circumstances; a guarantee of adequate

physical security; and a consent right

to enrichment of nuclear material subject to the agreement.

I have considered the views and recommendations of the interested agencies in reviewing the proposed agreement and have determined that its performance will promote, and will not

constitute an unreasonable risk to, the

common defense and security. Accordingly, I have approved the agreement

and authorized its execution and urge

that the Congress give it favorable consideration.

Because this agreement meets all applicable requirements of the Atomic

Energy Act, as amended, for agreements for peaceful nuclear cooperation, I am transmitting it to the Congress without exempting it from any

requirement contained in section 123 a.

of that Act. This transmission shall

constitute a submittal for purposes of

both sections 123 b. and 123 d. of the

Atomic Energy Act. The Administration is prepared to begin immediately

the consultations with the Senate Foreign Relations and House International

Relations Committees as provided in

section 123 b. Upon completion of the

30-day continuous session period provided for in section 123b, the 60-day

continuous session period provided for

in section 123 d. shall commence.

WILLIAM J. CLINTON.

THE WHITE HOUSE, September 29, 1995.

By unanimous consent, the message,

together with the accompanying papers, was referred to the Committee on

International Relations and ordered to

be printed (H. Doc. 104–121).
JOURNAL OF THE

1476

T123.14 SEPTEMBER 29

T123.14 DOD APPROPRIATIONS, FY 1996

Mr. YOUNG of Florida, pursuant to

House Resolution 232, called up the following conference report (Rept. No.

104–261):

The committee of conference on the disagreeing votes of the two Houses on the

amendment of the Senate to the bill (H.R.

2126) ‘‘making appropriations for the Department of Defense for the fiscal year ending

September 30, 1996, and for other purposes,’’

having met, after full and free conference,

have agreed to recommend and do recommend to their respective Houses as follows:

That the House recede from its disagreement to the amendment of the Senate, and

agree to the same with an amendment, as

follows:

In lieu of the matter stricken and inserted

by said amendment, insert: That the following

sums are appropriated, out of any money in the

Treasury not otherwise appropriated, for the fiscal year ending September 30, 1996, for military

functions administered by the Department of

Defense and for other purposes, namely:

TITLE I—MILITARY PERSONNEL

MILITARY PERSONNEL, ARMY

For pay, allowances, individual clothing, interest on deposits, gratuities, permanent change

of station travel (including all expenses thereof

for organizational movements), and expenses of

temporary duty travel between permanent duty

stations, for members of the Army on active duty

(except members of reserve components provided

for elsewhere), cadets, and aviation cadets; and

for payments pursuant to section 156 of Public

Law 97–377, as amended (42 U.S.C. 402 note), to

section 229(b) of the Social Security Act (42

U.S.C. 429(b)), and to the Department of Defense Military Retirement Fund; $19,809,187,000.

MILITARY PERSONNEL, NAVY

For pay, allowances, individual clothing, interest on deposits, gratuities, permanent change

of station travel (including all expenses thereof

for organizational movements), and expenses of

temporary duty travel between permanent duty

stations, for members of the Navy on active duty

(except members of the Reserve provided for elsewhere), midshipmen, and aviation cadets; and

for payments pursuant to section 156 of Public

Law 97–377, as amended (42 U.S.C. 402 note), to

section 229(b) of the Social Security Act (42

U.S.C. 429(b)) and to the Department of Defense

Military Retirement Fund; $17,008,563,000.

MILITARY PERSONNEL, MARINE CORPS

For pay, allowances, individual clothing, interest on deposits, gratuities, permanent change

of station travel (including all expenses thereof

for organizational movements), and expenses of

temporary duty travel between permanent duty

stations, for members of the Marine Corps on active duty (except members of the Reserve provided for elsewhere); and for payments pursuant

to section 156 of Public Law 97–377, as amended

(42 U.S.C. 402 note), to section 229(b) of the Social Security Act (42 U.S.C. 429(b)), and to the

Department of Defense Military Retirement

Fund; $5,885,740,000.

MILITARY PERSONNEL, AIR FORCE

For pay, allowances, individual clothing, interest on deposits, gratuities, permanent change

of station travel (including all expenses thereof

for organizational movements), and expenses of

temporary duty travel between permanent duty

stations, for members of the Air Force on active

duty (except members of reserve components provided for elsewhere, cadets, and aviation cadets;

and for payments pursuant to section 156 of

Public Law 97–377, as amended (42 U.S.C. 402

note), to section 229(b) of the Social Security Act

(42 U.S.C. 429(b)), and to the Department of Defense Military Retirement Fund; $17,207,743,000.

RESERVE PERSONNEL, ARMY

For pay, allowances, clothing, subsistence,

gratuities, travel, and related expenses for personnel of the Army Reserve on active duty

under sections 10211, 10302, and 3038 of title 10,

United States Code, or while serving on active

duty under section 12301(d) of title 10, United

States Code, in connection with performing duty

specified in section 12310(a) of title 10, United

States Code, or while undergoing reserve training, or while performing drills or equivalent

duty or other duty, and for members of the Reserve Officers’ Training Corps, and expenses authorized by section 16131 of title 10, United

States Code; and for payments to the Department of Defense Military Retirement Fund;

$2,122,466,000.

RESERVE PERSONNEL, NAVY

For pay, allowances, clothing, subsistence,

gratuities, travel, and related expenses for personnel of the Navy Reserve on active duty under

section 10211 of title 10, United States Code, or

while serving on active duty under section

12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or

while undergoing reserve training, or while performing drills or equivalent duty, and for members of the Reserve Officers’ Training Corps,

and expenses authorized by section 16131 of title

10, United States Code; and for payments to the

Department of Defense Military Retirement

Fund; $1,355,523,000.

RESERVE PERSONNEL, MARINE CORPS

For pay, allowances, clothing, subsistence,

gratuities, travel, and related expenses for personnel of the Marine Corps Reserve on active

duty under section 10211 of title 10, United

States Code, or while serving on active duty

under section 12301(d) of title 10, United States

Code, in connection with performing duty specified in section 12310(a) of title 10, United States

Code, or while undergoing reserve training, or

while performing drills or equivalent duty, and

for members of the Marine Corps platoon leaders

class, and expenses authorized by section 16131

of title 10, United States Code; and for payments

to the Department of Defense Military Retirement Fund; $378,151,000.

RESERVE PERSONNEL, AIR FORCE

For pay, allowances, clothing, subsistence,

gratuities, travel, and related expenses for personnel of the Air Force Reserve on active duty

under sections 10211, 10305, and 8038 of title 10,

United States Code, or while serving on active

duty under section 12301(d) of title 10, United

States Code, in connection with performing duty

specified in section 12310(a) of title 10, United

States Code, or while undergoing reserve training, or while performing drills or equivalent

duty or other duty, and for members of the Air

Reserve Officers’ Training Corps, and expenses

authorized by section 16131 of title 10, United

States Code; and for payments to the Department of Defense Military Retirement Fund;

$784,586,000.

NATIONAL GUARD PERSONNEL, ARMY

For pay, allowances, clothing, subsistence,

gratuities, travel, and related expenses for personnel of the Army National Guard while on

duty under section 10211, 10302, or 12402 of title

10 or section 708 of title 32, United States Code,

or while serving on duty under section 12301(d)

of title 10 or section 502(f) of title 32, United

States Code, in connection with performing duty

specified in section 12310(a) of title 10, United

States Code, or while undergoing training, or

while performing drills or equivalent duty or

other duty, and expenses authorized by section

16131 of title 10, United States Code; and for

payments to the Department of Defense Military

Retirement Fund; $3,242,422,000.

NATIONAL GUARD PERSONNEL, AIR FORCE

For pay, allowances, clothing, subsistence,

gratuities, travel, and related expenses for personnel of the Air National Guard on duty under

section 10211, 10305, or 12402 of title 10 or section

708 of title 32, United States Code, or while serving on duty under section 12301(d) of title 10 or

section 502(f) of title 32, United States Code, in

connection with performing duty specified in

section 12310(a) of title 10, United States Code,

or while undergoing training, or while performing drills or equivalent duty or other duty,

and expenses authorized by section 16131 of title

10, United States Code; and for payments to the

Department of Defense Military Retirement

Fund; $1,259,627,000.

TITLE II—OPERATION AND MAINTENANCE

OPERATION AND MAINTENANCE, ARMY

(INCLUDING TRANSFER OF FUNDS)

For expenses, not otherwise provided for, necessary for the operation and maintenance of the

Army, as authorized by law; and not to exceed

$14,437,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the

Army, and payments may be made on his certificate of necessity for confidential military purposes; $18,321,965,000 and, in addition,

$50,000,000 shall be derived by transfer from the

National Defense Stockpile Transaction Fund.

OPERATION AND MAINTENANCE, NAVY

(INCLUDING TRANSFER OF FUNDS)

For expenses, not otherwise provided for, necessary for the operation and maintenance of the

Navy and the Marine Corps, as authorized by

law; and not to exceed $4,151,000 can be used for

emergencies and extraordinary expenses, to be

expended on the approval or authority of the

Secretary of the Navy, and payments may be

made on his certificate of necessity for confidential military purposes; $21,279,425,000 and, in

addition, $50,000,000 shall be derived by transfer

from the National Defense Stockpile Transaction Fund: Provided, That of the funds appropriated under this heading, $595,100,000 shall

be available only for the liquidation of prior

year accumulated operating losses of the Department of the Navy activities included in the

Defense Business Operations Fund.

OPERATION AND MAINTENANCE, MARINE CORPS

For expenses, not otherwise provided for, necessary for the operation and maintenance of the

Marine Corps, as authorized by law;

$2,392,522,000.

OPERATION AND MAINTENANCE, AIR FORCE

(INCLUDING TRANSFER OF FUNDS)

For expenses, not otherwise provided for, necessary for the operation and maintenance of the

Air Force, as authorized by law; and not to exceed $8,362,000 can be used for emergencies and

extraordinary expenses, to be expended on the

approval or authority of the Secretary of the Air

Force, and payments may be made on his certificate of necessity for confidential military purposes; $18,561,267,000 and, in addition,

$50,000,000 shall be derived by transfer from the

National Defense Stockpile Transaction Fund:

Provided, That the Secretary of the Air Force

may acquire all right, title, and interest of any

party in and to parcels of real property, including improvements thereon, consisting of not

more than 92 acres, located near King Salmon

Air Force Station for the purpose of conducting

a response action in accordance with the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601–9675) and

the Air Force Installation Restoration Program.

OPERATION AND MAINTENANCE, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

For expenses, not otherwise provided for, necessary for the operation and maintenance of activities and agencies of the Department of Defense (other than the military departments), as

authorized by law; $10,388,595,000, of which not

to exceed $25,000,000 may be available for the

CINC initiative fund account; and of which not

to exceed $28,588,000 can be used for emergencies

and extraordinary expenses, to be expended on

the approval or authority of the Secretary of

Defense, and payments may be made on his certificate of necessity for confidential military

purposes: Provided, That of the funds appro-