[JPRT, 111th Congress]
[From the U.S. Government Printing Office]
COMMITTEE ON FOREIGN RELATIONS
COMMITTEE ON FOREIGN AFFAIRS
=======================================================================
Legislation on Foreign Relations Through 2008
JOINT COMMITTEE PRINT
JULY 2010
VOLUME II-B
OF VOLUMES II-A AND II-B
CURRENT LEGISLATION AND
RELATED EXECUTIVE ORDERS
U.S. Senate
U.S. House of Representatives
COMMITTEE ON FOREIGN RELATIONS
COMMITTEE ON FOREIGN AFFAIRS
=======================================================================
Legislation on
Foreign Relations
Through 2008
JULY 2010
VOLUME II-B
OF VOLUMES II-A AND II-B
CURRENT LEGISLATION AND
RELATED EXECUTIVE ORDERS
U.S. Senate
U.S. House of Representatives
Printed for the use of the Committees on Foreign Relations and Foreign
Affairs of the Senate and the House of Representatives respectively
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 2010
54-608 PS
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COMMITTEE ON FOREIGN RELATIONS
JOHN F. KERRY, Massachusetts, Chairman
CHRISTOPHER J. DODD, Connecticut RICHARD G. LUGAR, Indiana
RUSSELL D. FEINGOLD, Wisconsin BOB CORKER, Tennessee
BARBARA BOXER, California JOHNNY ISAKSON, Georgia
ROBERT MENENDEZ, New Jersey JAMES E. RISCH, Idaho
BENJAMIN L. CARDIN, Maryland JIM DeMINT, South Carolina
ROBERT P. CASEY, Jr., Pennsylvania JOHN BARRASSO, Wyoming
JIM WEBB, Virginia ROGER F. WICKER, Mississippi
JEANNE SHAHEEN, New Hampshire JAMES M. INHOFE, Oklahoma
EDWARD E. KAUFMAN, Delaware
KIRSTEN E. GILLIBRAND, New York
Frank G. Lowenstein, Staff Director
Kenneth A. Myers, Jr., Republican Staff Director
______
COMMITTEE ON FOREIGN AFFAIRS
HOWARD L. BERMAN, California, Chairman
GARY L. ACKERMAN, New York ILEANA ROS-LEHTINEN, Florida
ENI F.H. FALEOMAVAEGA, American CHRISTOPHER H. SMITH, New Jersey
Samoa DAN BURTON, Indiana
DONALD M. PAYNE, New Jersey ELTON GALLEGLY, California
BRAD SHERMAN, California DANA ROHRABACHER, California
ELIOT L. ENGEL, New York DONALD A. MANZULLO, Illinois
BILL DELAHUNT, Massachusetts EDWARD R. ROYCE, California
GREGORY W. MEEKS, New York RON PAUL, Texas
DIANE E. WATSON, California JEFF FLAKE, Arizona
RUSS CARNAHAN, Missouri MIKE PENCE, Indiana
ALBIO SIRES, New Jersey JOE WILSON, South Carolina
GERALD E. CONNOLLY, Virginia JOHN BOOZMAN, Arkansas
MICHAEL E. McMAHON, New York J. GRESHAM BARRETT, South Carolina
THEODORE E. DEUTCH, Florida CONNIE MACK, Florida
JOHN S. TANNER, Tennessee JEFF FORTENBERRY, Nebraska
GENE GREEN, Texas MICHAEL T. McCAUL, Texas
LYNN WOOLSEY, California TED POE, Texas
SHEILA JACKSON LEE, Texas BOB INGLIS, South Carolina
BARBARA LEE, California GUS BILIRAKIS, Florida
SHELLEY BERKLEY, Nevada
JOSEPH CROWLEY, New York
MIKE ROSS, Arkansas
BRAD MILLER, North Carolina
DAVID SCOTT, Georgia
JIM COSTA, California
KEITH ELLISON, Minnesota
GABRIELLE GIFFORDS, Arizona
RON KLEIN, Florida
Richard J. Kessler, Staff Director
Yleem Poblete, Republican Staff Director
(ii)
FOREWORD
----------
This volume of legislation and related material is part of
a five volume set of laws and related material frequently
referred to by the Committees on Foreign Relations of the
Senate and Foreign Affairs of the House of Representatives,
amended to date and annotated to show pertinent history or
cross references.
Volumes I (A and B), II (A and B), III and IV contain
legislation and related material and are republished with
amendments and additions on a regular basis. Volume V, which
contains treaties and related material, was last updated
through 2005.
We wish to express our appreciation to Matthew C. Weed of
the Foreign Affairs, Defense, and Trade Division of the
Congressional Research Service of the Library of Congress and
Suzanne Kayne of the U.S. Government Printing Office who
prepared volume II-B of this year's compilation.
John F. Kerry,
Chairman, Committee on Foreign Relations.
Howard L. Berman,
Chairman, Committee on Foreign Affairs.
July 23, 2010.
(iii)
?
EXPLANATORY NOTE
----------
The body of statutory law set out in this volume was in
force, as amended, at the end of 2008.
This volume sets out ``session law'' as originally enacted
by Congress and published by the Archivist of the United States
as ``slip law'' and later in the series United States Statutes
at Large (as subsequently amended, if applicable). Amendments
are incorporated into the text and distinguished by a footnote.
Session law is organized in this series by subject matter in a
manner designed to meet the needs of the Congress.
Although laws enacted by Congress in the area of foreign
relations are also codified by the Law Revision Counsel of the
House of Representatives, typically in title 22 United States
Code, those codifications are not positive law and are not, in
most instances, the basis of further amendment by the Congress.
Cross references to the United States Code are included as
footnotes for the convenience of the reader.
All Executive orders and State Department delegations of
authority are codified and in force as of December 30, 2008.
Corrections may be sent to Matthew C. Weed at Library of
Congress, Congressional Research Service, Washington D.C.,
20540-7460, or by e-mail at mweed@crs.loc.gov.
(v)
ABBREVIATIONS
----------
Bevans...................................... Treaties and Other
International Agreements
of the United States of
America, 1776-1949,
compiled under the
direction of Charles I.
Bevans.
CFR......................................... Code of Federal
Regulations.
EAS......................................... Executive Agreement
Series.
F.R......................................... Federal Register.
LNTS........................................ League of Nations Treaty
Series.
I Malloy, II Malloy......................... Treaties, Conventions,
International Acts,
Protocols, and Agreements
Between the United States
of America and Other
Powers, 1776-1909,
compiled under the
direction of the United
States Senate by William
M. Malloy.
Stat........................................ United States Statutes at
Large.
TIAS........................................ Treaties and Other
International Acts
Series.
TS.......................................... Treaty Series.
UNTS........................................ United Nations Treaty
Series.
U.S.C....................................... United States Code.
UST......................................... United States Treaties and
Other International
Agreements.
(vi)
C O N T E N T S
----------
Page
FOREWORD......................................................... iii
EXPLANATORY NOTE................................................. v
ABBREVIATIONS.................................................... vi
F. ARMS CONTROL AND DISARMAMENT.................................. 1
1. Arms Control and Disarmament Act, as amended (Public Law 87-
297)......................................................... 5
2. Arms Control and Disarmament Authorization--Prior Years...... 28
3. Cooperative Threat Reduction................................. 47
4. Nonproliferation of Weapons of Mass Destruction.............. 178
5. Arms Control and Nonproliferation Provisions in National
Defense Authorization Acts................................... 530
G. WAR POWERS, COLLECTIVE SECURITY, AND RELATED MATERIAL......... 725
1. War Powers................................................... 727
2. American Servicemembers' Protection Act of 2002 (Public Law
107-206)..................................................... 783
3. Cuban Resolution (Public Law 87-733)......................... 795
4. Middle East Resolutions and Related Material................. 796
5. Tonkin Gulf Resolution (Public Law 88-408) (repealed)........ 806
6. National Commitment (Senate Resolution 85, 91st Congress).... 808
7. North Atlantic Alliance...................................... 809
8. Taiwan Relations............................................. 837
9. Panama Canal................................................. 855
H. UNITED NATIONS AND OTHER INTERNATIONAL ORGANIZATIONS.......... 925
1. United Nations Participation Act of 1945, as amended (Public
Law 79-264).................................................. 927
2. Department of State Authorization Act, Fiscal Year 2003
(Public Law 107-228 (partial text)........................... 945
3. United Nations Reform Act of 1999 (Public Law 106-113)
(partial text)............................................... 949
4. United Nations Headquarters Agreement Act (Public Law 80-357)
(partial text)............................................... 961
5. U.S. Participation in Certain International Organizations
(Public Law 81-806) (partial text)........................... 965
6. Appropriations Limitation on Contributions to International
Organizations (Public Law 92-544) (partial text)............. 966
7. U.N. Provisions in Foreign Relations Authorization Acts...... 968
8. United Nations Peacekeeping Forces in the Middle East (Public
Law 94-37)................................................... 969
9. Response to United Nations Resolution on Zionism............. 970
10. United Nations Environment Program Participation Act of 1973
(Public Law 93-188).......................................... 971
11. Support of Peaceful Settlement of Disputes (Executive Order
10206)....................................................... 972
12. Privileges and Immunities.................................... 973
13. Relating to International Agreements on Children............. 1017
APPENDICES....................................................... 1049
INDEX............................................................ 1097
(vii)
=======================================================================
F. ARMS CONTROL AND DISARMAMENT
CONTENTS
Page
1. Arms Control and Disarmament Act, as amended (Public Law 87-2975
2. Arms Control and Disarmament Authorization--Prior Years.......28
a. Arms Control and Nonproliferation Authorization--Fiscal
Year 2003 (Public Law 107-228) (partial text).......... 28
b. Arms Control and Nonproliferation Act of 1999 (Public
Law 106-113) (partial text)............................ 30
c. Arms Control and Disarmament Agency Authorization,
Fiscal Year 1999 (Public Law 105-277) (partial text)... 36
d. Arms Control and Nonproliferation Act of 1994 (Public
Law 103-236) (partial text)............................ 37
e. Arms Control and Disarmament Act Authorization for
Fiscal Years 1990 and 1991 (Public Law 101-216)
(partial text)......................................... 39
f. Arms Control and Disarmament Act Authorization for
Fiscal Years 1988 and 1989 (Public Law 100-213)
(partial text)......................................... 41
g. Arms Control and Disarmament Act Authorization for
Fiscal Years 1986 and 1987 (Public Law 99-93) (partial
text).................................................. 43
3. Cooperative Threat Reduction..................................47
a. Cooperative Threat Reduction, Fiscal Year 2009 (Public
Law 110-417) (partial text)............................ 47
b. Cooperative Threat Reduction Appropriations, 2009
(Public Law 110-329) (partial text).................... 50
c. Cooperative Threat Reduction, Fiscal Year 2008 (Public
Law 110-181) (partial text)............................ 51
d. Cooperative Threat Reduction Authorization in Response
to 9/11 Commission Recommendations, Fiscal Year 2008
(Public Law 110-53) (partial text)..................... 58
e. Cooperative Threat Reduction, Fiscal Year 2007 (Public
Law 109-364) (partial text)............................ 61
f. Cooperative Threat Reduction, Fiscal Year 2006 (Public
Law 109-163) (partial text)............................ 65
g. Cooperative Threat Reduction, Fiscal Year 2005 (Public
Law 108-375) (partial text)............................ 69
h. Cooperative Threat Reduction, Fiscal Year 2004 (Public
Law 108-136) (partial text)............................ 72
i. Cooperative Threat Reduction, Fiscal Year 2003 (Public
Law 107-314) (partial text)............................ 81
j. Cooperative Threat Reduction, Fiscal Year 2002 (Public
Law 107-107) (partial text)............................ 89
k. Cooperative Threat Reduction, Fiscal Year 2001 (Public
Law 106-398) (partial text)............................ 94
l. Cooperative Threat Reduction, Fiscal Year 2000 (Public
Law 106-65) (partial text)............................. 104
m. Cooperative Threat Reduction, Fiscal Year 1999 (Public
Law 105-261) (partial text)............................ 110
n. Cooperative Threat Reduction, Fiscal Year 1998 (Public
Law 105-85) (partial text)............................. 118
o. Cooperative Threat Reduction, Fiscal Year 1997 (Public
Law 104-201) (partial text)............................ 124
p. Cooperative Threat Reduction, Fiscal Year 1996 (Public
Law 104-106) (partial text)............................ 129
q. Cooperative Threat Reduction, Fiscal Year 1995 (Public
Law 103-337) (partial text)............................ 135
r. Cooperative Threat Reduction Act of 1993 (Public Law
103-160) (partial text)................................ 142
s. Freedom for Russia and Emerging Eurasian Democracies and
Open Markets Support Act of 1992 (FREEDOM Support Act)
(Public Law 102-511) (partial text).................... 149
t. Former Soviet Union Demilitarization Act of 1992 (Public
Law 102-484) (partial text)............................ 161
u. Conventional Forces in Europe Treaty Implementation Act
of 1991 (Public Law 102-228) (partial text)............ 166
v. Soviet Nuclear Threat Reduction--Appropriations, Fiscal
Year 1992 (Public Law 102-229) (partial text).......... 173
4. Nonproliferation of Weapons of Mass Destruction..............178
a. Implementing Recommendations of the 9/11 Commission
Concerning Nonproliferation and Terrorism (Public Law
110-53) (partial text)................................. 178
b. United States Additional Protocol Implementation Act
(Public Law 109-401) (partial text).................... 193
c. Iran Nonproliferation Amendments Act of 2005 (Public Law
109-112) (partial text)................................ 206
d. Nuclear Security Initiative Act of 2003 (Public Law 108-
136) (partial text).................................... 209
e. Nonproliferation and Export Control Assistance, 2003
(Public Law 107-228) (partial text).................... 214
f. Russian Federation Debt Reduction for Nonproliferation
Act of 2002 (Public Law 107-228) (partial text)........ 221
g. Nonproliferation Assistance Coordination Act of 2002
(Public Law 107-228) (partial text).................... 228
h. Iran Nuclear Proliferation Prevention Act of 2002
(Public Law 107-228) (partial text).................... 232
i. Miscellaneous Nonproliferation Provisions in Foreign
Relations Authorization Act, Fiscal Year 2003 (Public
Law 107-228) (partial text)............................ 234
j. Iran, North Korea, and Syria Nonproliferation Act
(Public Law 106-178)................................... 238
k. National Security and Corporate Fairness Under the
Biological Weapons Convention Act (Public Law 106-113)
(partial text)......................................... 250
l. Proliferation Prevention Enhancement Act of 1999 (Public
Law 106-113) (partial text)............................ 257
m. National Missile Defense Act of 1999 (Public Law 106-38) 261
n. Chemical Weapons Convention Implementation Act of 1998
(Public Law 105-277) (partial text).................... 262
o. Defense Against Weapons of Mass Destruction Act of 1998
(Public Law 105-261) (partial text).................... 296
p. Combatting Proliferation of Weapons of Mass Destruction
Act of 1996 (Public Law 104-293) (partial text)........ 300
q. Defense Against Weapons of Mass Destruction Act of 1996
(Public Law 104-201) (partial text).................... 308
r. Nuclear Proliferation Prevention Act of 1994 (Public Law
103-236) (partial text)................................ 324
s. Weapons of Mass Destruction Control Act of 1992 (Public
Law 102-484) (partial text)............................ 337
t. Iran-Iraq Arms Non-Proliferation Act of 1992 (Public Law
102-484) (partial text)................................ 344
u. Chemical and Biological Weapons Control and Warfare
Elimination Act of 1991 (Public Law 102-182) (partial
text).................................................. 349
v. Executive Orders Concerning Nonproliferation of Weapons
of Mass Destruction.................................... 359
(1) Renunciation of Certain Uses in War of Chemical
Herbicides and Riot Control Agents (Executive
Order 11850)..................................... 359
(2) Administration of Proliferation Sanctions, Middle
East Arms Control, and Related Congressional
Reporting Responsibilities (Executive Order
12851)........................................... 361
(3) Proliferation of Weapons of Mass Destruction
(Executive Order 12938).......................... 365
(4) Implementation of the Chemical Weapons Convention
and the Chemical Weapons Convention
Implementation Act (Executive Order 13128)....... 371
(5) Blocking Property of the Government of the
Russian Federation Relating to the Disposition of
Highly Enriched Uranium Extracted From Nuclear
Weapons (Executive Order 13159).................. 373
(6) Blocking Property of Weapons of Mass Destruction
Proliferators and Their Supporters (Executive
Order 13382)..................................... 376
(7) Implementation of the Protocol Additional to the
Agreement Between the United States and the
International Atomic Energy Agency for the
Application of Safeguards in the United States of
America (Executive Order 13458).................. 379
w. Nuclear Non-Proliferation Act of 1978 and Related
Materials.............................................. 380
(1) Nuclear Non-Proliferation Act of 1978 (Public Law
95-242) (partial text)........................... 380
(2) Functions Relating to Nuclear Non-Proliferation
(Executive Order 12058).......................... 398
(3) Export of Nuclear Material....................... 400
(A) U.S. Exports of Low-Enriched Uranium Fuel
(Public Law 96-280).......................... 400
(B) Export of Special Nuclear Material and
Components to India (Executive Order 12218).. 401
(C) Export of Special Nuclear Material to India
(Executive Order 12055)...................... 402
(4) Department of Energy Act of 1978--Civilian
Applications (Public Law 95-238) (partial text).. 403
x. Atomic Energy Act and Related Materials................. 405
(1) Atomic Energy Act of 1954, as amended (Public Law
83-703) (partial text)........................... 405
(2) United States-India Nuclear Cooperation Approval
and Nonproliferation Enhancement Act (Public Law
110-369) (partial text).......................... 477
(3) United States and India Nuclear Cooperation
(Public Law 109-401) (partial text).............. 482
(4) North Korea Threat Reduction Act of 1999 (Public
Law 106-113) (partial text)...................... 500
(5) USEC Privatization Act (Public Law 104-134)
(partial text)................................... 502
(6) Establishment of the Enrichment Oversight
Committee (Executive Order 13085)................ 510
(7) EURATOM Cooperation Act of 1958, as amended
(Public Law 85-846).............................. 514
(8) Agreement for Nuclear Cooperation Between the
United States and China (Public Law 99-183)...... 519
(9) International Atomic Energy Agency Participation
Act of 1957, as amended (Public Law 85-177)
(partial text)................................... 521
y. Executive Orders Concerning International Atomic Energy
Cooperation............................................ 526
(1) Authorization for the Communication of Restricted
Data by the Department of State (Executive Order
11057)........................................... 526
(2) Authorization for the Communication of Restricted
Data by the Central Intelligence Agency
(Executive Order 10899).......................... 527
(3) Providing for the Carrying Out of Certain
Provisions of the Atomic Energy Act of 1954, as
amended, Relating to International Cooperation
(Executive Order 10841).......................... 528
5. Arms Control and Nonproliferation Provisions in National Defense
Authorization Acts..............................................530
a. Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (Public Law 110-417) (partial text)... 530
b. National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181) (partial text).................... 538
c. John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-364) (partial text)... 544
d. National Defense Authorization Act for Fiscal Year 2006
(Public Law 109-163) (partial text).................... 550
e. Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005 (Public Law 108-375) (partial text)... 553
f. National Defense Authorization Act for Fiscal Year 2004
(Public Law 108-136) (partial text).................... 562
g. Bob Stump National Defense Authorization Act for Fiscal
Year 2003 (Public Law 107-314) (partial text).......... 568
h. National Defense Authorization Act for Fiscal Year 2002
(Public Law 107-107) (partial text).................... 574
i. Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (Public Law 106-398) (partial text)... 580
j. National Defense Authorization Act for Fiscal Year 2000
(Public Law 106-65) (partial text)..................... 587
k. Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (Public Law 105-261) (partial text)... 599
l. National Defense Authorization Act for Fiscal Year 1998
(Public Law 105-85) (partial text)..................... 612
m. National Defense Authorization Act for Fiscal Year 1997
(Public Law 104-201) (partial text).................... 625
n. National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106) (partial text).................... 637
o. National Defense Authorization Act for Fiscal Year 1995
(Public Law 103-337) (partial text).................... 644
p. National Defense Authorization Act for Fiscal Year 1994
(Public Law 103-160) (partial text).................... 651
q. National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484) (partial text).................... 666
r. National Defense Authorization Act for Fiscal Years 1992
and 1993 (Public Law 102-190) (partial text)........... 674
s. National Defense Authorization Act for Fiscal Year 1991
(Public Law 101-510) (partial text).................... 677
t. National Defense Authorization Act for Fiscal Years 1990
and 1991 (Public Law 101-189) (partial text)........... 682
u. National Defense Authorization Act, Fiscal Year 1989
(Public Law 100-456) (partial text).................... 694
v. National Defense Authorization Act for Fiscal Years 1988
and 1989 (Public Law 100-180) (partial text)........... 701
w. Department of Defense Authorization Act, 1987 (Public
Law 99-661) (partial text)............................. 707
x. Department of Defense Authorization Act, 1986 (Public
Law 99-145) (partial text)............................. 711
y. Department of Defense Authorization Act, 1985 (Public
Law 98-525) (partial text)............................. 716
=======================================================================
1. Arms Control and Disarmament Act, as amended
CONTENTS
Page
Title I--Short Title, Purpose, and Definitions................... 6
Section 101--Short Title..................................... 6
Section 102--Purpose......................................... 6
Section 103--Definitions..................................... 8
Title II--Special Representatives and Visiting Scholars.......... 8
Section 201--Presidential Special Representatives............ 9
Section 202--Program for Visiting Scholars................... 9
Title III--Functions............................................. 10
Section 301--Research........................................ 10
Section 302--Patents......................................... 12
Section 303--Policy Formulation.............................. 12
Section 304--Negotiation Management.......................... 13
Section 305--Arms Control Information........................ 14
Section 306--Verification of Compliance...................... 14
Section 307--Negotiating Records............................. 16
Section 308--Comprehensive Compilation of Arms Control and
Disarmament Studies........................................ 16
Title IV--General Provisions..................................... 17
Section 401--General Authority............................... 17
Section 402--Dual Compensation Laws.......................... 20
Section 403--Annual Report to Congress....................... 21
Section 404--Public Annual Report on World Military
Expenditures and Arms Transfers............................ 24
Title V--On-Site Inspection Activities........................... 24
Section 501--Findings........................................ 24
Section 502--Policy Coordination Concerning Implementation of
On-Site Inspection Provisions.............................. 25
Section 503--Review of Certain Reprogramming Notifications... 26
Section 504--Definitions..................................... 26
1. Arms Control and Disarmament Act, as amended
Public Law 87-297 [H.R. 9118], 75 Stat. 631, approved September 26,
1961; as amended by Public Law 88-186 [S. 777], 77 Stat. 341, approved
November 26, 1963; Public Law 88-426 [H.R. 11049], 78 Stat. 400,
approved August 14, 1964; Public Law 88-448 [H.R. 7381], 78 Stat. 484,
approved August 19, 1964; Public Law 89-27 [H.R. 2998], 79 Stat. 118,
approved May 27, 1965; Public Law 90-314 [H.R. 14940], 82 Stat. 129,
approved May 23, 1968; Public Law 91-246 [S. 3544], 84 Stat. 270,
approved May 12, 1970; Public Law 92-352 [H.R. 14734], 86 Stat. 489,
approved July 13, 1972; Public Law 93-332 [H.R. 12799], 88 Stat. 289,
approved July 8, 1974; Public Law 94-141 [S. 1517], 89 Stat. 756,
approved November 29, 1975; Public Law 95-108 [H.R. 6179], 91 Stat.
871, approved August 17, 1977; Public Law 95-338 [H.R. 11832], 92 Stat.
458, approved August 8, 1978; Public Law 96-66 [H.R. 2774], 93 Stat.
414, approved September 21, 1979; Public Law 96-465 [H.R. 6790], 94
Stat. 2071 at 2159, approved October 17, 1980; Public Law 97-339 [H.R.
3467], 96 Stat. 1635, approved October 15, 1982; Public Law 98-202
[H.R. 2906], 97 Stat. 1381, approved December 2, 1983; Public Law 99-93
[H.R. 2068], 99 Stat. 405, approved August 16, 1985; Public Law 99-550
[H.R. 3641], 100 Stat. 3067, approved October 27, 1986; Public Law 100-
213 [H.R. 2689], 101 Stat. 1444, approved December 24, 1987; Public Law
101-216 [H.R. 1495], 103 Stat. 1853, approved December 11, 1989; Public
Law 102-228 [H.R. 3807], 105 Stat. 1691, approved December 12, 1991;
Public Law 103-199 [H.R. 3000], 107 Stat. 2317, approved December 17,
1993; Public Law 103-236 [H.R. 2333], 108 Stat. 382, approved April 30,
1994; Public Law 105-277 [H.R. 4328], 112 Stat. 2681, approved October
21, 1998; Public Law 106-113 [H.R. 3194], 113 Stat. 1501, approved
November 29, 1999; and Public Law 107-228 [H.R. 1646], 116 Stat. 1350,
approved September 30, 2002
AN ACT To establish a United States Arms Control and Disarmament
Agency.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
TITLE I--SHORT TITLE, PURPOSE, AND DEFINITIONS
short title
Section 101.\1\ This Act may be cited as the ``Arms Control
and Disarmament Act''.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 2551 note. Redesignated from sec. 1 by sec. 1223(21)
of the Foreign Affairs Agencies Consolidation Act of 1998 (subdivision
A of division G of Public Law 105-277; 112 Stat. 2681-772).
---------------------------------------------------------------------------
purpose
Sec. 102.\2\ An ultimate goal of the United States is a
world which is free from the scourge of war and the dangers and
burdens of armaments; in which the use of force has been
subordinated to the rule of law; and in which international
adjustments to a changing world are achieved peacefully. It is
the purpose of this Act to provide impetus toward this goal by
addressing \3\ the problem of reduction and control of
armaments looking toward ultimate world disarmament.\4\
---------------------------------------------------------------------------
\2\ 22 U.S.C. 2551. Redesignated from sec. 2 by sec. 1223(21) of
the Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A
of division G of Public Law 105-277; 112 Stat. 2681-772).
\3\ Sec. 1223(1)(A) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-768) struck out ``creating a new agency of peace to deal
with'' and inserted in lieu thereof ``addressing''.
\4\ Sec. 1223(1)(B) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-768) struck out an undesignated paragraph following this
paragraph, which read as follows:
``Arms control, nonproliferation, and disarmament policy, being an
important aspect of foreign policy, must be consistent with national
security policy as a whole. The formulation and implementation of
United States arms control, nonproliferation, and disarmament policy in
a manner which will promote the national security can best be insured
by a central organization charged by statute with primary
responsibility for this field. This organization must have such a
position within the Government that it can provide the President, the
Secretary of State, other officials of the executive branch, and the
Congress with recommendations concerning United States arms control,
nonproliferation, and disarmament policy, and can assess the effect of
these recommendations upon our foreign policies, our national security
policies, and our economy.''.
---------------------------------------------------------------------------
The Secretary of State \5\ must have the capacity to
provide the essential scientific, economic, political,
military, psychological, and technological information upon
which realistic arms control, nonproliferation, \6\ and
disarmament policy must be based. The Secretary shall have the
authority, under the direction of the President, \7\ to carry
out the following primary functions:
---------------------------------------------------------------------------
\5\ Sec. 1223(1)(C)(i) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-768) struck out ``This organization'' and
inserted in lieu thereof ``The Secretary of State''.
\6\ Sec. 719(a)(2) of Public Law 103-236 (108 Stat. 501) inserted
``, nonproliferation'' after ``arms control''.
\7\ Sec. 144 of Public Law 94-141 struck out ``It must be able''
and inserted ``It shall have the authority, under the direction of the
President and the Secretary of State,''. Sec. 1223(1)(C)(ii) of the
Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A of
division G of Public Law 105-277; 112 Stat. 2681-768) subsequently
struck out ``It shall have'' and inserted in lieu thereof ``The
Secretary shall have'', and struck out ``and the Secretary of State''
following ``under the direction of the President,''.
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(1) \8\ The preparation for and management of United
States participation in international negotiations and
implementation fora in the arms control,
nonproliferation,\9\ and disarmament field.
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\8\ Sec. 703 of Public Law 103-236 (108 Stat. 491) struck out
subsecs. (a) through (d) and inserted in lieu thereof paras. (1)
through (5). Paras. (a) through (d) had read as follows:
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``(a) The conduct, support, and coordination of research for arms control
and disarmament policy formulation;
``(b) The preparation for and management of United States participation
in international negotiations in the arms control and disarmament field;
``(c) The dissemination and coordination of public information concerning
arms control and disarmament; and
``(d) The preparation for, operation of, or as appropriate, direction of
United States participation in such control systems as may become part of
United States arms control and disarmament activities.''.
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\9\ Sec. 1223(1)(C)(iv) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-768) inserted ``, nonproliferation,'' after
``arms control''.
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(2) \8\,\10\ The conduct, support, and
coordination of research for arms control,
nonproliferation, and disarmament policy formulation.
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\10\ Sec. 1223(1)(C)(v) and (vi) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-768, 769) struck out para. (2) and redesignated
paras. (3) through (5) as paras. (2) through (4). Former para. (2) read
as follows:
``(2) When directed by the President, the preparation for, and
management of, United States participation in international
negotiations and implementation fora in the nonproliferation field.''.
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(3) \8\,\10\ The preparation for,
operation of, or \11\ direction of, United States
participation in such control systems as may become
part of United States arms control, nonproliferation,
and disarmament activities.
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\11\ Sec. 1223(1)(C)(vii) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-769) struck out ``, as appropriate,'' following
``operation of, or''.
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(4) \8\,\10\ The dissemination and
coordination of public information concerning arms
control, nonproliferation, and disarmament.
definitions
Sec. 103.\12\ As used in this Act--
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\12\ 22 U.S.C. 2552. Sec. 1223(21) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-772) redesignated this section from sec. 3.
Sec. 1223(2) of that Act (112 Stat. 2681-769) struck out subsec. (c) to
this section, which had provided the following:
``(c) The term `Agency' means the United States Arms Control and
Disarmament Agency.''.
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(a) The terms ``arms control'' and ``disarmament''
mean the identification, verification, inspection,
limitation, control, reduction, or elimination, of
armed forces and armaments of all kinds under
international agreement including the necessary steps
taken under such an agreement to establish an effective
system of international control, or to create and
strengthen international organizations for the
maintenance of peace.
(b) The term ``Government agency'' means any
executive department, commission, agency, independent
establishment, corporation wholly or partly owned by
the United States which is an instrumentality of the
United States, or any board, bureau, division, service,
office, officer, authority, administration, or other
establishment in the executive branch of Government.
TITLE II--SPECIAL REPRESENTATIVES AND VISITING SCHOLARS \13\
Sec. 21.\14\ [Repealed--1998]
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\13\ Sec. 1223(3) of the Foreign Affairs Agencies Consolidation Act
of 1998 (subdivision A of division G of Public Law 105-277; 112 Stat.
2681-769) struck out ``ORGANIZATION'' and inserted in lieu thereof
``SPECIAL REPRESENTATIVES AND VISITING SCHOLARS''.
\14\ Formerly at 22 U.S.C. 2561. Sec. 1222 of the Foreign Affairs
Agencies Consolidation Act of 1998 (subdivision A of division G of
Public Law 105-277; 112 Stat. 2681-768) repealed this section, which
pertained to the establishment of the Arms Control and Disarmament
Agency.
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Sec. 22.\15\ [Repealed--1998]
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\15\ Formerly at 22 U.S.C. 2562. Sec. 1222 of the Foreign Affairs
Agencies Consolidation Act of 1998 (subdivision A of division G of
Public Law 105-277; 112 Stat. 2681-768) repealed this section, which
pertained to the appointment and duties of the Director.
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Sec. 23.\16\ [Repealed--1998]
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\16\ Formerly at 22 U.S.C. 2563. Sec. 1222 of the Foreign Affairs
Agencies Consolidation Act of 1998 (subdivision A of division G of
Public Law 105-277; 112 Stat. 2681-768) repealed this section, which
pertained to the appointment and duties of the Deputy Director.
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Sec. 24.\17\ [Repealed--1998]
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\17\ Formerly at 22 U.S.C. 2564. Sec. 1222 of the Foreign Affairs
Agencies Consolidation Act of 1998 (subdivision A of division G of
Public Law 105-277; 112 Stat. 2681-768) repealed this section, which
pertained to the appointment and duties of four Assistant Directors.
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Sec. 25.\18\ [Repealed--1998]
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\18\ Formerly at 22 U.S.C. 2565. Sec. 1222 of the Foreign Affairs
Agencies Consolidation Act of 1998 (subdivision A of division G of
Public Law 105-277; 112 Stat. 2681-768) repealed this section, which
pertained to bureaus, offices, and divisions within ACDA.
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Sec. 26.\19\ [Repealed--1998]
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\19\ Formerly at 22 U.S.C. 2566. Sec. 1222 of the Foreign Affairs
Agencies Consolidation Act of 1998 (subdivision A of division G of
Public Law 105-277; 112 Stat. 2681-768) repealed this section, which,
as amended, pertained to establishment of a Scientific and Policy
Advisory Committee.
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presidential special representatives
Sec. 201.\20\ The President may appoint, by and with the
advice and consent of the Senate, Special Representatives of
the President for arms control, nonproliferation, and
disarmament matters. Each Presidential Special Representative
shall hold the rank of ambassador.\21\ Presidential Special
Representatives appointed under this section shall perform
their duties and exercise their powers under the direction of
the President and the Secretary of State.\22\ The Department of
State \23\ shall be the Government agency responsible for
providing administrative support, including funding, staff, and
office space, to all Presidential Special Representatives.
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\20\ 22 U.S.C. 2567. Sec. 1223(21) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-772) redesignated this section from sec. 27.
Sec. 2(a) of Public Law 95-108 originally added this section, and sec.
103(a) of Public Law 101-216 amended it. Sec. 708(a) of Public Law 103-
236 (108 Stat. 493) amended and restated the section. Sec. 708(b) of
that Act amended 5 U.S.C. 5315, which established the compensation of
Special Representatives at level IV of the Executive Schedule, to
remove the limitation of two on the number of such representatives. The
rate of compensation for level IV is set at $143,000 per annum by
Schedule 5 of Executive Order 13393 (70 F.R. 76655; December 22, 2005).
\21\ Sec. 1223(4)(A) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-769) struck out a third sentence at this point that had read
as follows:
``One such Representative may serve in the Agency as Chief Science
Advisor.''.
\22\ Sec. 1223(4)(B) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-769) struck out ``, acting through the Director'' at this
point.
\23\ Sec. 1223(4(C) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-769) struck out ``Agency'' and inserted in lieu thereof
``Department of State''.
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program for visiting scholars
Sec. 202.\24\ A program for visiting scholars in the fields
of arms control, nonproliferation, and disarmament \25\ shall
be established by the Secretary of State \26\ in order to
obtain the services of scholars from the faculties of
recognized institutes of higher learning. The purpose of the
program will be to give specialists in the physical sciences
and other disciplines relevant to the Department of State's
\27\ activities an opportunity for active participation in the
arms control, nonproliferation,\28\ and disarmament activities
of the Department of State \27\ and to gain for the Department
of State \27\ the perspective and expertise such persons can
offer. Each fellow in the program shall be appointed for a term
of one year, except that such term may be extended for a 1-year
period. Fellows shall be chosen by a board consisting of the
Secretary of State,\26\ who shall be the chairperson, and all
former Directors of the Agency.
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\24\ 22 U.S.C. 2568. Sec. 3 of Public Law 98-202 added this
section. Sec. 1223(21) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-772) redesignated this section from sec. 28.
\25\ Sec. 719(b)(1) of Public Law 103-236 (108 Stat. 501) struck
out ``field of arms control and disarmament'', and inserted in lieu
thereof ``fields of arms control, nonproliferation, and disarmament''.
\26\ Sec. 1223(5)(A) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-769) struck out ``Director'' and inserted in lieu thereof
``Secretary of State''.
\27\ Sec. 1223(5)(B) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-769) struck out ``Agency'' and inserted in lieu thereof
``Department of State''; and struck out ``Agency's'' and inserted in
lieu thereof ``Department of State's'' in this sentence.
\28\ Sec. 719(b)(2) of Public Law 103-236 (108 Stat. 501) inserted
``, nonproliferation,'' after ``arms control''.
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TITLE III--FUNCTIONS
research
Sec. 301.\29\ The Secretary of State \30\ is authorized and
directed to exercise his powers in this title in \31\ such
manner as to ensure \32\ the acquisition of a fund of
theoretical and practical knowledge concerning disarmament and
nonproliferation.\33\ To this end, the Secretary of State \30\
is authorized and directed, under the direction of the
President, (1) to ensure \32\ the conduct of research,
development, and other studies in the fields of arms control,
nonproliferation, and disarmament; \34\ (2) to make
arrangements (including contracts, agreements, and grants) for
the conduct of research, development, and other studies in the
fields of arms control, nonproliferation, and disarmament \34\
by \35\ private or public institutions or persons; and (3) to
coordinate the research, development, and other studies
conducted in the fields of arms control, nonproliferation, and
disarmament \34\ by or for other Government agencies.\36\ In
carrying out his responsibilities under this Act, the Secretary
of State \30\ shall, to the maximum extent feasible, make full
use of available facilities, Government and private. The
authority of the Secretary under this Act, with respect to
research, development, and other studies concerning arms
control, nonproliferation, and disarmament shall be limited to
participation in the following: \37\
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\29\ 22 U.S.C. 2571. Sec. 1223(21) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-772) redesignated this section from sec. 31.
\30\ Sec. 1223(6)(B) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-769) struck out ``Director'' and inserted in lieu thereof
``Secretary of State'' throughout this section.
\31\ Sec. 1223(6)(A) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-769) inserted ``this title in'' after ``powers in''.
\32\ Sec. 1223(6)(C) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-769) struck out ``insure'' and inserted in lieu thereof
``ensure''.
\33\ Sec. 719(c)(2) of Public Law 103-236 (108 Stat. 501) inserted
``and nonproliferation'' after ``disarmament''.
\34\ Sec. 719(c)(1) of Public Law 103-236 (108 Stat. 501) struck
out ``field of arms control and disarmament'' and inserted in lieu
thereof ``fields of arms control, nonproliferation, and disarmament''.
\35\ Sec. 5 of Public Law 88-186 inserted the words ``United
States'' between the words ``by'' and ``private''. Sec. 3 of Public Law
95-108 subsequently struck out the words ``United States''.
\36\ Sec. 1223(6)(D) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-769) struck out ``in accordance with procedures established
under section 35 of this Act'' at this point.
\37\ Sec. 1223(6)(E) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-769) struck out ``The authority of the Secretary of State
with respect to research, development, and other studies shall be
limited to participation in the following insofar as they relate to
arms control, nonproliferation, and disarmament:'' and inserted in lieu
thereof ``The authority of the Secretary under this Act, with respect
to research, development, and other studies concerning arms control,
nonproliferation, and disarmament shall be limited to participation in
the following:''.
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(a) the detection, identification, inspection,
monitoring, limitation, reduction, control, and
elimination of armed forces and armaments, including
thermonuclear, nuclear, missile, conventional,
bacteriological, chemical, and radiological weapons;
(b) the techniques and systems of detecting,
identifying, inspecting, and monitoring of tests of
nuclear, thermonuclear, and other weapons;
(c) the analysis of national budgets, levels of
industrial production, and economic indicators to
determine the amounts spent by various countries for
armaments and of all aspects of antisatellite
activities; \38\
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\38\ Sec. 4 of Public Law 97-339 inserted the words ``and of all
aspects of antisatellite activities''.
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(d) the control, reduction, and elimination of armed
forces and armaments in space, in areas on and beneath
the earth's surface, and in underwater regions;
(e) the structure and operation of international
control and other organizations useful for arms
control, nonproliferation,\39\ and disarmament;
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\39\ Sec. 719(c)(3) of Public Law 103-236 (108 Stat. 501) inserted
``, nonproliferation,'' after ``arms control''.
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(f) the training of scientists, technicians, and
other personnel for manning the control systems which
may be created by international arms control,
nonproliferation,\39\ and disarmament agreements;
(g) the reduction and elimination of the danger of
war resulting from accident, miscalculation, or
possible surprise attack, including (but not limited
to) improvements in the methods of communications
between nations;
(h) the economic and political consequences of arms
control, nonproliferation,\39\ and disarmament,
including the problems of readjustment arising in
industry and the reallocation of national resources;
(i) the arms control, nonproliferation,\39\ and
disarmament implications of foreign and national
security policies of the United States with a view to a
better understanding of the significance of such
policies for the achievement of arms control,
nonproliferation,\39\ and disarmament;
(j) the national security and foreign policy
implications of arms control, nonproliferation,\39\ and
disarmament proposals with a view to a better
understanding of the effect of such proposals upon
national security and foreign policy;
(k) methods for the maintenance of peace and security
during different stages of arms control,
nonproliferation,\39\ and disarmament;
(l) the scientific, economic, political, legal,
social, psychological, military, and technological
factors related to the prevention of war with a view to
a better understanding of how the basic structure of a
lasting peace may be established; and \40\
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\40\ Sec. 1223(6)(F) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-769) inserted ``and''.
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(m) such related problems as the Secretary of State
\30\ may determine to be in need of research,
development, or study in order to carry out the
provisions of this Act.
patents
Sec. 302.\41\ All research within the United States
contracted for, sponsored, cosponsored, or authorized under
authority of this Act, shall be provided for in such manner
that all information as to uses, products, processes, patents,
and other developments resulting from such research developed
by Government expenditure will (with such exceptions and
limitations, if any, as the Secretary of State \42\ may find to
be necessary in the public interest) be available to the
general public. This section \43\ shall not be so construed as
to deprive the owner of any background patent relating thereto
of such rights as he may have thereunder.
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\41\ 22 U.S.C. 2572. Sec. 1223(21) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-772) redesignated this section from sec. 32.
\42\ Sec. 1223(7)(A) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-769) struck out ``Director'' and inserted in lieu thereof
``Secretary of State''.
\43\ Sec. 1223(7)(B) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-769) struck out ``subsection'' and inserted in lieu thereof
``section''.
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policy formulation
Sec. 303.\44\ (a) Formulation.--The Secretary of State \45\
shall prepare for the President,\46\ and the heads of such
other Government agencies as the President may determine,
recommendations and advice concerning United States arms
control, nonproliferation, and disarmament policy.
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\44\ 22 U.S.C. 2573. Sec. 1223(21) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-772) redesignated this section from sec. 33.
Sec. 709 of Public Law 103-236 (108 Stat. 494) restated this section
and amended it by adding the words, ``in a militarily significant
manner'' in para. (b), and by deleting a final sentence which sec. 3 of
Public Law 88-186 had added that read, ``Nothing contained in this Act
shall be construed to authorize any policy or action by any Government
agency which would interfere with, restrict, or prohibit the
acquisition, possession, or use of firearms by an individual for the
lawful purpose of personal defense, sport, recreation, education, or
training.''.
\45\ Sec. 1223(8)(B) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-769) struck out ``Director'' and inserted in lieu thereof
``Secretary of State''.
\46\ Sec. 1223(8)(A) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-769) struck out ``the Secretary of State,'' at this point.
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(b) Prohibition.--No action shall be taken pursuant to this
or any other Act that would obligate the United States to
reduce or limit the Armed Forces or armaments of the United
States in a militarily significant manner \44\, except pursuant
to the treaty-making power of the President set forth in
Article II, Section 2, Clause 2 of the Constitution or unless
authorized by the enactment of further affirmative legislation
by the Congress of the United States.
(c) \47\ Statutory Construction.--Nothing contained in this
chapter shall be construed to authorize any policy or action by
any Government agency which would interfere with, restrict, or
prohibit the acquisition, possession, or use of firearms by an
individual for the lawful purpose of personal defense, sport,
recreation, education, or training.
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\47\ Sec. 2602 of the Foreign Relations Authorization Act, Fiscal
Years 1998 and 1999 (subdivision B of division G of Public Law 105-277;
112 Stat. 2681-839) added subsec. (c).
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negotiation management
Sec. 304.\48\ (a) Responsibilities.--The Secretary of
State,\49\ under the direction of the President,\50\ shall have
primary responsibility for the preparation, conduct, and
management of United States participation in all international
negotiations and implementation fora in the fields of arms
control, nonproliferation,\51\ and disarmament.\52\ In
furtherance of these responsibilities, Special Representatives
of the President appointed pursuant to section 201,\53\ shall,
as directed by the President, serve as \54\ United States
Government representatives to international organizations,
conferences, and activities relating to the field of
nonproliferation,\55\ such as the preparations for and conduct
of the review relating to the Treaty on the Non-Proliferation
of Nuclear Weapons.
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\48\ 22 U.S.C. 2574. Redesignated from sec. 34 by sec. 1223(21) of
the Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A
of division G of Public Law 105-277; 112 Stat. 2681-772). Sec. 710 of
Public Law 103-236 (108 Stat. 494) restated this section and its
heading, and amended it by adding para. (a) and the provisions relating
to nonproliferation.
\49\ Sec. 1223(9)(A)(i) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-769) struck out ``Director'' and inserted in
lieu thereof ``Secretary of State''.
\50\ Sec. 1223(9)(A)(ii) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-769) struck out ``and the Secretary of State''.
\51\ Sec. 1223(9)(A)(iii) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-769) inserted ``, nonproliferation,'' after
``in the fields of arms control''.
\52\ Sec. 1223(9)(A)(iv) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-769) struck out ``and shall have primary
responsibility, whenever directed by the President, for the
preparation, conduct, and management of United States participation in
international negotiations and implementation fora in the field of
nonproliferation'' after ``disarmament''.
\53\ Sec. 1223(9)(A)(v) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-770) struck out ``section 27'' and inserted in
lieu thereof ``section 201''.
\54\ Sec. 1223(9)(A)(vi) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-770) struck out ``the'' following ``serve as''.
\55\ For additional statutory requirements relating to persons
representing the United States ``in such organs, commissions or other
bodies as may be created by the United Nations with respect to nuclear
energy or disarmament (control and limitation of armament)'', see sec.
2(b) of the United Nations Participation Act of 1945, as amended (22
U.S.C. 287(b)), page 926 of this volume.
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(b) \56\ Authority.--The Secretary of State \57\ is
authorized--
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\56\ Sec. 1223(9)(B) and (C) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-770) struck out subsec. (b) and redesignated
subsec. (c) as subsec. (b). Former subsec. (b) required the ACDA
Director to provide relevant information to USIA.
\57\ Sec. 1223(9)(D)(i) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-770) struck out ``Director'' and inserted in
lieu thereof ``Secretary of State''.
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(1) \58\ to formulate plans and make preparations for
the establishment, operation, and funding of
inspections and control systems which may become part
of the United States arms control, nonproliferation,
and disarmament activities; and
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\58\ Sec. 1223(9)(D) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-770) struck out para. (1) and redesignated paras. (2) and
(3) as paras. (1) and (2). Former para. (1) pertained to international
negotiations and the ACDA Director's authority.
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(2) \58\ as authorized by law, to put into effect,
direct, or otherwise assume United States
responsibility for such systems.
Sec. 35.\59\ [Repealed--1998]
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\59\ Formerly at 22 U.S.C. 2575. Sec. 1222 of the Foreign Affairs
Agencies Consolidation Act of 1998 (subdivision A of division G of
Public Law 105-277; 112 Stat. 2681-768) repealed this section, which
provided for coordination among Executive agencies on all significant
aspects of arms control, nonproliferation, disarmament and related
matters.
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arms control information \60\
Sec. 305.\61\ In order to assist the Secretary of State
\62\ in the performance of his duties with respect to arms
control, nonproliferation,\63\ and disarmament policy and
negotiations, any Government agency preparing any legislative
or budgetary proposal for--
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\60\ Sec. 719(e)(1) of Public Law 103-236 (108 Stat. 501) restated
the section heading, which formerly read ``arms control impact
information and analysis''.
\61\ 22 U.S.C. 2576. Sec. 1223(21) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-772) redesignated this section from sec. 36.
Sec. 146 of Public Law 94-141 added this section, and sec. 1(1) and
sec. 1(2) of Public Law 95-338 amended the section. Sec. 146 of Public
Law 94-141 added this section, and sec. 1(1) and sec. 1(2) of Public
Law 95-338 amended the section. Sec. 704(1) of Public Law 103-236 (108
Stat. 492) repealed subsecs. (b) and (c) of this section, which related
to arms control impact information and analysis. Sec. 719(e)(2) of that
Act struck out subsection designation ``(a)''.
\62\ Sec. 1223(10)(A) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-770) struck out ``Director'' and inserted in lieu thereof
``Secretary of State''.
\63\ Sec. 719(e)(3) of Public Law 103-236 (108 Stat. 501) inserted
``, nonproliferation,'' after ``arms control''.
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(1) any program of research, development, testing,
engineering, construction, deployment, or modernization
with respect to nuclear armaments, nuclear implements
of war, military facilities or military vehicles
designed or intended primarily for the delivery of
nuclear weapons,
(2) any program of research, development, testing,
engineering, construction, deployment, or modernization
with respect to armaments, ammunition, implements of
war, or military facilities, having--
(A) an estimated total program cost in excess
of $250,000,000, or
(B) an estimated annual program cost in
excess of $50,000,000, or
(3) any other program involving technology with
potential military application or weapons systems \64\
which such Government agency or the Secretary of State
\62\ believes may have a significant impact on arms
control, nonproliferation,\63\ and disarmament policy
or negotiations,
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\64\ Sec. 1(l) of Public Law 95-338 struck out the words ``weapons
systems or technology'' and inserted in lieu thereof ``technology with
potential military application or weapons systems''. Senate Report No.
95-843, May 15, 1978, states at page 3 that this change was made ``so
that there would be no question that technology with potential military
application, rather than, simply, weapons technology, could be reviewed
and reported upon under the legislation.''.
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shall, on a continuing basis, provide the Secretary of State
\62\ with full and timely access to detailed information \65\
with respect to the nature, scope, and purpose of such
proposal.
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\65\ Sec. 1223(10)(B) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-770) struck out ``, in accordance with the procedures
established pursuant to section 35 of this Act,'' at this point.
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verification of compliance
Sec. 306.\66\ (a) In General.--In order to ensure that arms
control, nonproliferation, and disarmament agreements can be
verified,\67\ the Secretary of State \68\ shall report to
Congress, on a timely basis, or upon request by an appropriate
committee of the Congress--
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\66\ 22 U.S.C. 2577. Sec. 1223(21) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-772) redesignated this section from sec. 37.
Sec. 4 of Public Law 95-108 originally added this section. Sec. 712 of
Public Law 103-236 (108 Stat. 495) restated the section and its
heading, and amended it by adding subsec. (d) and the provisions
relating to nonproliferation. Sec. 1223(11)(B) of the Foreign Affairs
Agencies Consolidation Act of 1998 (subdivision A of division G of
Public Law 105-277; 112 Stat. 2681-770) struck out subsec. (d), which
pertained to international participation and negotiations.
\67\ Sec. 1115(a) of the Admiral James W. Nance and Meg Donovan
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R.
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113;
113 Stat. 1536), struck out ``adequately'' preceding ``verified''.
\68\ Sec. 1223(11)(A) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-770) struck out ``Director'' or ``Agency'' and inserted in
lieu thereof ``Secretary of State'' or ``Department of State'',
respectively, throughout the section.
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(1) in the case of any arms control,
nonproliferation, or disarmament agreement that has
been concluded by the United States, the determination
of the Secretary of State \68\ as to the degree to
which the components of such agreement can be verified;
(2) in the case of any arms control,
nonproliferation, or disarmament agreement that has
entered into force, any significant degradation or
alteration in the capacity of the United States to
verify compliance of the components of such agreement;
(3) the amount and percentage of research funds
expended by the Department of State \68\ for the
purpose of analyzing issues relating to arms control,
nonproliferation, and disarmament verification; and
(4) the number of professional personnel assigned to
arms control verification on a full-time basis by each
Government agency.
(b) \69\ Assessments Upon Request.--Upon the request of the
chairman or ranking minority member of the Committee on Foreign
Relations of the Senate or the Committee on International
Relations of the House of Representatives, in case of an arms
control, nonproliferation, or disarmament proposal presented to
a foreign country, the Secretary of State shall submit a report
to the Committee on the degree to which elements of the
proposal are capable of being verified.
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\69\ Sec. 1115(b) of the Admiral James W. Nance and Meg Donovan
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R.
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113;
113 Stat. 1536), redesignated subsecs. (b) and (c) as subsecs. (c) and
(d), and added a new subsec. (b). The amendment also stated a
redesignation of subsec. (d) as subsec. (e); the amendments executed by
the Foreign Affairs Agencies Consolidation Act of 1998 struck out this
subsection.
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(c) \69\ Standard for Verification of Compliance.--In
making determinations under paragraphs (1) and (2) of
subsection (a), the Secretary of State \68\ shall assume that
all measures of concealment not expressly prohibited could be
employed and that standard practices could be altered so as to
impede verification.
(d) \69\ Rule of Construction.--Except as otherwise
provided for by law, nothing in this section may be construed
as requiring the disclosure of sensitive information relating
to intelligence sources or methods or persons employed in the
verification of compliance with arms control, nonproliferation,
and disarmament agreements.
negotiating records
Sec. 307.\70\ (a) Preparation of Records.--The Secretary of
State \71\ shall establish and maintain records for each arms
control, nonproliferation, and disarmament agreement to which
the United States is a party and which was under negotiation or
in force on or after January 1, 1990, which shall include
classified and unclassified materials such as instructions and
guidance, position papers, reporting cables and memoranda of
conversation, working papers, draft texts of the agreement,
diplomatic notes, notes verbal, and other internal and external
correspondence.
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\70\ 22 U.S.C. 2578. Sec. 713(a) of Public Law 103-236 (108 Stat.
496) added this section. Sec. 1223(21) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-772) redesignated this section from sec. 38.
Sec. 713(b) of that Act required the following:
``(b) Report Required.--Not later than January 31, 1995, the
Director of the United States Arms Control and Disarmament Agency shall
submit to the Speaker of the House of Representatives and to the
chairman of the Committee on Foreign Relations of the Senate a detailed
report describing the actions he has undertaken to implement section 38
of the Arms Control and Disarmament Act.''.
Previously, sec. 38 had required that the President submit an
annual report to Congress on the activities of the Standing
Consultative Commission established under Article XIII of the Treaty on
the Limitation of Anti-Ballistic Missile Systems. That sec. 38,
originally added by sec. 3(b) of Public Law 100-213, and amended by
sec. 401(a) of Public Law 103-199, was repealed by sec. 704(2) of
Public Law 103-236 (108 Stat. 492).
Sec. 1223(12)(B) of the Foreign Affairs Agencies Consolidation Act
of 1998 (subdivision A of division G of Public Law 105-277; 112 Stat.
2681-770) struck out subsec. (c), relating to international
negotiations.
\71\ Sec. 1223(12)(A) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-770) struck out ``Director'' and inserted in lieu thereof
``Secretary of State'' throughout the section.
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(b) Negotiating and Implementation Records.--In particular,
the Secretary of State \71\ shall establish and maintain a
negotiating and implementation record for each such agreement,
which shall be comprehensive and detailed, and shall document
all communications between the parties with respect to such
agreement. Such records shall be maintained both in hard copy
and magnetic media.
comprehensive compilation of arms control and disarmament studies
Sec. 308.\72\ Pursuant to his responsibilities under
section 31 of this Act, and in order to enhance Congressional
and public understanding of arms control, nonproliferation,\73\
and disarmament issues, the Director shall provide to the
Congress not later than June 30 of each year a report setting
forth--
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\72\ 22 U.S.C. 2579. Sec. 4 of Public Law 100-213 added this
section. Sec. 1223(21) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-772) redesignated this section from sec. 39.
\73\ Sec. 719(f) of Public Law 103-236 (108 Stat. 502) inserted ``,
nonproliferation,'' after ``arms control''.
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(1) a comprehensive list of studies relating to arms
control, nonproliferation,\73\ and disarmament issues
concluded during the previous calendar year by
government agencies or for government agencies by
private or public institutions or persons; and
(2) a brief description of each such study.
This report shall be unclassified, with a classified addendum
if necessary.
TITLE IV--GENERAL PROVISIONS
general authority
Sec. 401.\74\ In addition to any authorities otherwise
available, the Secretary of State in the performance of
functions under this Act \75\ is authorized to--
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\74\ 22 U.S.C. 2581. Sec. 1223(21) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-772) redesignated this section from sec. 41.
\75\ Sec. 1223(13)(A) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-770) struck out ``In the performance of his functions, the
Director'' and inserted in lieu thereof ``In addition to any
authorities otherwise available, the Secretary of State in the
performance of functions under this Act''.
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(a) utilize or employ the services, personnel, equipment,
or facilities of any other Government agency, with the consent
of the agency concerned, to perform such functions on behalf of
the Department of State \76\ as may appear desirable.\77\ Any
Government agency is authorized, notwithstanding any other
provision of law, to transfer to or to receive from the
Secretary of State,\76\ without reimbursement, supplies and
equipment other than administrative supplies or equipment.
Transfer or receipt of excess property shall be in accordance
with the provisions of the Federal Property and Administrative
Services Act of 1949, as amended; \78\
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\76\ Sec. 1223(13)(B) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-770) struck out references through the section to the
Director or the Agency and replaced such references with an appropriate
reference to the Secretary of State or the Department of State.
\77\ Sec. 1223(13)(C) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-770) struck out ``It is the intent of this section that the
Director rely upon the Department of State for general administrative
services in the United States and abroad to the extent agreed upon
between the Secretary of State and the Director.''.
\78\ See e.g., 40 U.S.C. 483(a) and 484.
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(b) \79\, \80\ appoint and fix the compensation
of employees possessing specialized technical expertise without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service and the
provisions of chapter 51 and subchapter III of chapter 53 of
such title relating to classification and General Schedule pay
rates, if the Secretary of State \76\ ensures that--
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\79\ Sec. 5(a) of Public Law 95-108 amended and restated subsec.
(b) which formerly read as follows: ``(b) appoint officers and
employees, including attorneys, for the Agency in accordance with the
civil service laws and fix their compensation in accordance with the
Classification Act of 1949, as amended;''.
\80\ Sec. 1223(13)(D)(i) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-770) struck out ``appoint officers and
employees, including attorneys, for the Agency in accordance with the
provisions of title 5, United States Code, governing appointment in the
competitive service, and fix their compensation in accordance with
chapter 51 and with subchapter III of chapter 53 of such title,
relating to classification and General Schedule pay rates, except that
the Director may, to the extent the Director determines necessary to
the discharge of his responsibilities,''.
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(1) any employee who is appointed under this
subsection \81\ is not paid at a rate--
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\81\ Sec. 1223(13)(D)(ii) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-770) struck out ``exception'' and inserted in
lieu thereof ``subsection''.
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(A) in excess of the rate payable for
positions of equivalent difficulty or
responsibility, or
(B) exceeding the maximum rate payable for
grade 15 of the General Schedule; and
(2) the number of employees appointed under this
subsection \82\ shall not exceed 10 percent of the
Department of State's \76\ full-time-equivalent
positions allocated to carry out the purposes of this
Act.\83\
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\82\ Sec. 1223(13)(D)(iii)(I) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-771) struck out ``exception'' and inserted in
lieu thereof ``subsection''.
\83\ Sec. 1223(13)(D)(iii)(II) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-771) struck out ``ceiling'' and inserted in
lieu thereof ``positions allocated to carry out the purposes of this
Act''.
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(c) enter into agreements with other Government agencies,
including the military departments through the Secretary of
Defense, under which officers or employees of such agencies may
be detailed to the Department of State \76\ for the performance
of service pursuant to this Act without prejudice to the status
or advancement of such officers or employees within their own
agencies;
(d) procure services of experts and consultants or
organizations thereof, including stenographic reporting
services, as authorized by section 3109 of title 5 of the
United States Code,\84\ and to pay in connection therewith
travel expenses of individuals, including transportation and
per diem in lieu of subsistence while away from their homes or
regular places of business, as authorized by section 5703 of
such title: \85\ Provided, That no such individual shall be
employed for more than 130 days \86\ in any fiscal year unless
the President certifies that employment of such individual in
excess of such number of days is necessary in the national
interest: \87\ And provided further, That such contracts may be
renewed annually;
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\84\ Para. (a)(1) of Public Law 93-332 struck out the words ``at
rates not exceeding $100 per diem for individuals'', and also struck
out ``section 15 of the Act of August 2, 1946 (5 U.S.C. 55a)'' and
inserted in lieu thereof ``section 3109 of title 5 of the United States
Code''.
\85\ Para. (a)(2) of Public Law 93-332 struck out ``section 5 of
said Act, as amended (5 U.S.C. 73b-2)'' and inserted in lieu thereof
``section 5703 of such title''.
\86\ Para. (a)(3) of Public Law 93-332 struck out ``one hundred
days'' and inserted in lieu thereof ``130 days''.
\87\ In a memorandum of August 18, 1990, for the Director of the
United States Arms Control and Disarmament Agency, the President
delegated to such Director the authority set forth in this subsection
to certify that the employment of persons in excess of the number of
days set forth in this subsection is necessary in the national interest
(55 F.R. 37693; September 13, 1990). Sec. 1221 of the Foreign Affairs
Agencies Consolidation Act of 1998 (subdivision A of division G of
Public Law 105-277; 112 Stat. 2681-768) provides, ``Except as otherwise
provided in section 1223 or 1225, any reference in any statute,
reorganization plan, Executive order, regulation, agreement,
determination, or other official document or proceeding to--(1) the
Director of the United States Arms Control and Disarmament Agency, the
Director of the Arms Control and Disarmament Agency, or any other
officer or employee of the United States Arms Control and Disarmament
Agency or the Arms Control and Disarmament Agency shall be deemed to
refer to the Secretary of State * * * ''. Subsequently, the Secretary
of State delegated ``[t]he functions that were vested in the United
States Arms Control and Disarmament Agency before the effective date
described in section 1201 of the Foreign Affairs Reform and
Restructuring Act of 1998 (as contained in Pub. L. 105-277), including
any functions conferred on the Director or any officer or employee of
that agency, and that are now conferred on the Secretary pursuant to
the provisions of the Act (including amendments made by that Act)'' to
the Under Secretary for Arms Control and International Security
(Delegation of Authority 293 of June 2, 2006; 71 F.R. 38202; July 5,
2006).
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(e) employ individuals of outstanding ability without
compensation in accordance with the provisions of section
710(b) of the Defense Production Act of 1950, as amended (50
U.S.C. App. 2160), and regulations issued thereunder;
(f) \88\ establish a scientific and policy advisory board
to advise with and make recommendations to the Secretary of
State on United States arms control, nonproliferation, and
disarmament policy and activities. A majority of the board
shall be composed of individuals who have a demonstrated
knowledge and technical expertise with respect to arms control,
nonproliferation, and disarmament matters and who have
distinguished themselves in any of the fields of physics,
chemistry, mathematics, biology, or engineering, including
weapons engineering. The members of the board may receive the
compensation and reimbursement for expenses specified for
consultants by subsection (d) of this section;
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\88\ Sec. 1223(13)(G) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-771) amended and restated subsec. (f), which previously
read, as amended, as follows:
``(f) establish advisory boards to advise with and make
recommendations to the Director on United States arms control and
disarmament policy and activities. The members of such boards may
receive the compensation and reimbursement for expenses specified for
consultants by section 41(d) of this Act;''.
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(g) \89\ administer oaths and take sworn statements in the
course of an investigation made pursuant to the Secretary of
State's \76\ responsibilities under this Act;
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\89\ Sec. 401(b)(1) of the Conventional Forces in Europe Treaty
Implementation Act of 1991 (Public Law 102-228; 105 Stat. 1698)
redesignated subsecs. (h) and (i) as subsecs. (i) and (j). Sec.
401(b)(2) of that Act added a new subsec. (h).
Subsequently, sec. 1223(13)(E) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-771) struck out the original subsec. (g), which
sec. 5(b) of Public Law 95-108 (91 Stat. 873) had originally added.
Subsec. (g) had pertained to payment for work performed, and related
travel, in the form of advisory services. Sec. 1223(13)(F) of Public
Law 105-277 redesignated subsecs. (h), (i), and (j) of sec. 401 as
subsecs. (g), (h), and (i).
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(h) \89\ delegate, as appropriate, to the Under Secretary
for Arms Control and International Security \90\ or other
officers of the Department of State, any authority conferred
upon the Secretary of State \76\ by the provisions of this Act;
and
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\90\ Sec. 1223(13)(H) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-771) struck out ``Deputy Director'' and inserted in lieu
thereof ``Under Secretary for Arms Control and International
Security''.
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(i) \89\ make, promulgate, issue, rescind, and amend such
rules and regulations as may be necessary or desirable to the
exercise of any authority conferred upon the Secretary of State
\76\ by the provisions of this Act.
Sec. 42.\91\ [Repealed--1998]
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\91\ Formerly at 22 U.S.C. 2582. Sec. 1222 of the Foreign Affairs
Agencies Consolidation Act of 1998 (subdivision A of division G of
Public Law 105-277; 112 Stat. 2681-768) repealed this section, which
pertained to Foreign Service personnel.
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Sec. 43.\92\ [Repealed--1998]
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\92\ Formerly at 22 U.S.C. 2583. Sec. 1222 of the Foreign Affairs
Agencies Consolidation Act of 1998 (subdivision A of division G of
Public Law 105-277; 112 Stat. 2681-768) repealed this section, which
had pertained to contracts.
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dual compensation laws \93\
Sec. 402.\94\ Members of advisory boards and consultants
may serve as such without regard to any \95\ Federal law
limiting the reemployment of retired officers or employees or
governing the simultaneous receipt of compensation and retired
pay or annuities, subject to section 201 of the Dual
Compensation Act.\96\ This section shall apply only to
individuals carrying out activities related to arms control,
nonproliferation, and disarmament.\97\
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\93\ Sec. 1223(14)(A) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-771) struck out ``conflict-of-interest and'' preceding
``dual compensation laws'' in the section catchline.
\94\ 22 U.S.C. 2584. Sec. 1223(21) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-772) redesignated this section from sec. 44.
\95\ Sec. 1223(14)(B) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-771) struck out ``The members of the General Advisory
Committee created by section 26 of this Act, and the members of the
advisory boards, the consultants, and the individuals of outstanding
ability employed without compensation, all of which are provided in
section 41 of this Act, may serve as such without regard to the
provisions of section 281, 283, 284, or 1914 of title 18 of the United
States Code, or of section 190 of the Revised Statutes (5 U.S.C. 99),
or of any other Federal law imposing restrictions, requirements, or
penalties in relation to the employment of individuals, the performance
of services, or the payment or receipt of compensation in connection
with any claim, proceeding, or matter involving the United States
Government, except insofar as such provisions of law may prohibit any
such individual from receiving compensation from a source other than a
nonprofit educational institution in respect of any particular matter
in which the Agency is directly interested. Nor shall such service be
considered as employment or holding of office or position bringing such
individual within the provisions of section 13 of the Civil Service
Retirement Act (5 U.S.C. 2263), or any other'' and inserted in lieu
thereof ``Members of advisory boards and consultants may serve as such
without regard to any''.
\96\ Now codified as 5 U.S.C. 5532. Sec. 401(d)(2) of Public Law
88-448, the Dual Compensation Act, added the last nine words to this
sentence.
\97\ Sec. 1223(14)(C) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-771) added ``This section shall apply only to individuals
carrying out activities related to arms control, nonproliferation, and
disarmament.''.
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Sec. 45.\98\ [Repealed--1998]
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\98\ Formerly at 22 U.S.C. 2585. Sec. 1222 of the Foreign Affairs
Agencies Consolidation Act of 1998 (subdivision A of division G of
Public Law 105-277; 112 Stat. 2681-768) repealed this section, which
pertained to security requirements.
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Sec. 46.\99\ [Repealed--1998]
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\99\ Formerly at 22 U.S.C. 2586. Sec. 1222 of the Foreign Affairs
Agencies Consolidation Act of 1998 (subdivision A of division G of
Public Law 105-277; 112 Stat. 2681-768) repealed this section, which
pertained to the Comptroller General audit.
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Sec. 47.\100\ [Repealed--1998]
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\100\ Formerly at 22 U.S.C. 2587. Sec. 1222 of the Foreign Affairs
Agencies Consolidation Act of 1998 (subdivision A of division G of
Public Law 105-277; 112 Stat. 2681-768) repealed this section, which
pertained to the consolidation and transfer of activities to ACDA.
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Sec. 48.\101\ [Repealed--1998]
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\101\ Formerly at 22 U.S.C. 2588. Sec. 1222 of the Foreign Affairs
Agencies Consolidation Act of 1998 (subdivision A of division G of
Public Law 105-277; 112 Stat. 2681-768) repealed this section, which
pertained to the use of authorized and appropriated funds.
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Sec. 49.\102\ [Repealed--1998]
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\102\ Formerly at 22 U.S.C. 2591. Sec. 4 of Public Law 98-202
originally added this section. Sec. 1222 of the Foreign Affairs
Agencies Consolidation Act of 1998 (subdivision A of division G of
Public Law 105-277; 112 Stat. 2681-768) repealed this section, which
pertained to specialists fluent in Russian or other languages of the
independent states of the former Soviet Union.
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Sec. 50.\103\ [Repealed--1998]
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\103\ Formerly at 22 U.S.C. 2593. Sec. 6(a) of Public Law 100-213
originally added this section as sec. 53. Sec. 1222 of the Foreign
Affairs Agencies Consolidation Act of 1998 (subdivision A of division G
of Public Law 105-277; 112 Stat. 2681-768) repealed this section, which
pertained to the appointment and duties of the ACDA Inspector General.
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annual report to congress
Sec. 403.\104\ (a) In General.--Not later than April 15
\105\ of each year, the President \106\ shall submit to the
Speaker of the House of Representatives and to the chairman of
the Committee on Foreign Relations of the Senate a report
prepared by the Secretary of State with the concurrence of the
Director of Central Intelligence and in consultation with \107\
the Secretary of Defense, the Secretary of Energy, and the
Chairman of the Joint Chiefs of Staff,\108\ on the status of
United States policy and actions with respect to arms control,
nonproliferation, and disarmament. Such report shall include--
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\104\ 22 U.S.C. 2593a. Sec. 717(a)(3) of Public Law 103-236 (108
Stat. 498) added this section as sec. 51. Sec. 717(a)(2) of that Act
redesignated the former sec. 51, which pertained to foreign language
specialists, as sec. 49. Sec. 717(a)(1) of the Act struck out the
former sec. 50, which required an annual report concerning the
activities of ACDA, and sec. 704(3) repealed sec. 52, entitled
``reports on adherence to and compliance with agreements''. This new
sec. 51 incorporated the substance of the former sec. 52, which sec.
703 of Public Law 99-93 had originally added, and sec. 5 of Public Law
100-213 and sec. 401(c) of Public Law 103-199 had amended.
Sec. 717(b) of that Act further provided:
``(b) Report on Revitalization of ACDA.--Not later than December
31, 1995, the Director of the United States Arms Control and
Disarmament Agency shall submit to the Speaker of the House of
Representatives and the chairman of the Committee on Foreign Relations
of the Senate a detailed report describing the actions that have been
taken and that are underway to revitalize the United States Arms
Control and Disarmament Agency pursuant to the provisions of this part
and the amendments made by this part.''.
Sec. 828(b) of that Act further provided:
``(b) Reporting on Demarches.--(1) It is the sense of the Congress
that the Department of State should, in the course of implementing its
reporting responsibilities under section 602(c) of the Nuclear Non-
Proliferation Act of 1978, include a summary of demarches that the
United States has issued or received from foreign governments with
respect to activities which are of significance from the proliferation
standpoint.
``(2) For purposes of this section, the term `demarche' means any
official communication by one government to another, by written or oral
means, intended by the originating government to express--
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``(A) a concern over a past, present, or possible future action or
activity of the recipient government, or of a person within the
jurisdiction of that government, contributing to the global spread of
unsafeguarded special nuclear material or of nuclear explosive devices;
``(B) a request for the recipient government to counter such action or
activity; or
``(C) both the concern and request described in subparagraphs (A) and
(B).''.
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Sec. 1223(21) of the Foreign Affairs Agencies Consolidation Act of
1998 (subdivision A of division G of Public Law 105-277; 112 Stat.
2681-772) redesignated this section from sec. 51.
\105\ Sec. 1103 of the Security Assistance Act of 2002 (division B
of Public Law 107-228; 116 Stat. 1426) struck out ``January 31'' and
inserted in lieu thereof ``April 15''.
\106\ In sec. 1(a)(15) of Executive Order 13313 of July 31, 2003
(68 F.R. 46073; August 5, 2003), the President assigned the reporting
duties in subsec. (a) to the Secretary of State. Pursuant to Executive
Order 13313, the Secretary of State delegated the authority to submit a
report on the implementation of the Treaty Between the United States of
America and the Russian Federation on Strategic Offensive Reductions
(``Moscow Treaty''; 41 I.L.M. 499) pursuant to condition (2) of the
March 6, 2003 Resolution of Advice and Consent to Ratification of the
Moscow Treaty (Treaty Doc. 107-08; approved March 6, 2003) to the Under
Secretary of State for Arms Control and International Security
(Delegation of Authority 297 of October 25, 2006; 72 F.R. 14162).
\107\ Sec. 1223(15)(A)(ii) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-771) struck out ``Director, in consultation
with the Secretary of State,'' and inserted in lieu thereof ``Secretary
of State with the concurrence of the Director of Central Intelligence
and in consultation with''.
\108\ Sec. 1223(15)(A)(iii) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-771) struck out ``the Chairman of the Joint
Chiefs of Staff, and the Director of Central Intelligence'' and
inserted in lieu thereof ``and the Chairman of the Joint Chiefs of
Staff''.
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(1) a detailed statement concerning the arms control,
nonproliferation,\109\ and disarmament objectives of
the executive branch of Government for the forthcoming
year;
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\109\ Sec. 1223(15)(A)(i) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-771) inserted ``, nonproliferation,'' after
``arms control''.
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(2) \110\ a detailed assessment of the status of any
ongoing arms control, nonproliferation,\109\ or
disarmament negotiations, including a comprehensive
description of negotiations or other activities during
the preceding year and an appraisal of the status and
prospects for the forthcoming year;
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\110\ Sec. 1223(15)(A)(iv) and (v) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-771) struck out paras. (2) and (4), and
redesignated the remaining paras. (3), (5), (6), and (7) as paras. (2)
through (5), respectively. Former paras. (2) and (4) read as follows:
``(2) a detailed statement concerning the nonproliferation
objectives of the executive branch of Government for the forthcoming
year;''
and
``(4) a detailed assessment of the status of any ongoing
nonproliferation negotiations or other activities, including a
comprehensive description of the negotiations or other activities
during the preceding year and an appraisal of the status and prospects
for the forthcoming year;''.
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(3) \110\ a detailed assessment of adherence of the
United States to obligations undertaken in arms
control, nonproliferation, and disarmament agreements,
including information on the policies and organization
of each relevant agency or department of the United
States to ensure adherence to such obligations, a
description of national security programs with a direct
bearing on questions of adherence to such obligations
and of steps being taken to ensure adherence, and a
compilation of any substantive questions raised during
the preceding year and any corrective action taken;
\111\
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\111\ Sec. 828(a) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 520) first,
struck out ``and'' at the end of this paragraph; second, struck out a
period at the end of the next paragraph and inserted in lieu thereof
``; and''; and third, added a new para. (7). Sec. 1223(15)(A)(v) of the
Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A of
division G of Public Law 105-277; 112 Stat. 2681-771) redesignated
para. (7) of this section as para. (5) as reflected here.
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(4) \110\ a detailed assessment of the adherence of
other nations to obligations undertaken in all arms
control, nonproliferation, and disarmament agreements
or commitments, including the Missile Technology
Control Regime,\112\ to which the United States is a
participating state, including information on actions
taken by each nation with regard to the size,
structure, and disposition of its military forces in
order to comply with arms control, nonproliferation, or
disarmament agreements or commitments,\113\ and shall
include, in the case of each agreement or commitment
\114\ about which compliance questions exist--
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\112\ Sec. 1113(a)(1)(A) of the Admiral James W. Nance and Meg
Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001
(H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-
113; 113 Stat. 1536), inserted ``or commitments, including the Missile
Technology Control Regime,'' after ``agreements''.
\113\ Sec. 1113(a)(1)(B) of the Admiral James W. Nance and Meg
Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001
(H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-
113; 113 Stat. 1536), inserted ``or commitments'' after ``agreements''.
\114\ Sec. 1113(a)(1)(C) of the Admiral James W. Nance and Meg
Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001
(H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-
113; 113 Stat. 1536), inserted ``or commitment'' after ``agreement''.
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(A) a description of each significant issue
raised and efforts made and contemplated with
the other participating state to seek
resolution of the difficulty;
(B) an assessment of damage, if any, to the
United States security and other interests; and
(C) recommendations as to any steps that
should be considered to redress any damage to
United States national security and to reduce
compliance problems; \115\
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\115\ Sec. 1113(a)(1)(D) of the Admiral James W. Nance and Meg
Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001
(H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-
113; 113 Stat. 1536) struck out ``and'' at the end of subpara. (C).
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(5) \110\,}\111\ a discussion of any
material noncompliance by foreign governments with
their binding commitments to the United States with
respect to the prevention of the spread of nuclear
explosive devices (as defined in section 830(4) of the
Nuclear Proliferation Prevention Act of 1994) by non-
nuclear-weapon states (as defined in section 830(5) of
that Act) or the acquisition by such states of
unsafeguarded special nuclear material (as defined in
section 830(8) of that Act), including--
(A) a net assessment of the aggregate
military significance of all such violations;
(B) a statement of the compliance policy of
the United States with respect to violations of
those commitments; and
(C) what actions, if any, the President has
taken or proposes to take to bring any nation
committing such a violation into compliance
with those commitments; and \116\
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\116\ Sec. 1113(a)(2) and (3) of the Admiral James W. Nance and Meg
Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001
(H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-
113; 113 Stat. 1536), struck out a period at the end of para. (5);
inserted in lieu thereof ``; and''; and added a new para. (6).
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(6) \116\ a specific identification, to the maximum
extent practicable in unclassified form, of each and
every question that exists with respect to compliance
by other countries with arms control, nonproliferation,
and disarmament agreements with the United States.
(b) Classification of the Report.--The report required by
this section shall be submitted in unclassified form, with
classified annexes, as appropriate. The portions of this report
described in paragraphs (4) and (5) of subsection (a) shall
summarize in detail, at least in classified annexes, the
information, analysis, and conclusions relevant to possible
noncompliance by other nations that are provided by United
States intelligence agencies.\117\
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\117\ Sec. 1223(15)(B) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-771) added the second sentence to this
subsection.
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(c) \118\ Reporting Consecutive Noncompliance.--If the
President in consecutive reports submitted to the Congress
under this section reports that any designated nation is not in
full compliance with its binding nonproliferation commitments
to the United States, then the President shall include in the
second such report an assessment of what actions are necessary
to compensate for such violations.
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\118\ Sec. 828(a)(4) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 520), added
subsec. (c).
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(d) \119\ Each report required by this section shall
include a discussion of each significant issue described in
subsection (a)(6) that was contained in a previous report
issued under this section during 1995, or after December 31,
1995, until the question or concern has been resolved and such
resolution has been reported in detail to the appropriate
committees of Congress (as defined in section 1102(1) of the
Arms Control, Non-Proliferation, and Security Assistance Act of
1999).
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\119\ Sec. 1113(b) of the Admiral James W. Nance and Meg Donovan
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R.
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113;
113 Stat. 1536), added subsec. (d).
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public annual report on world military expenditures and arms transfers
Sec. 404.\120\ Not later than December 31 of each year, the
Secretary of State \121\ shall publish an unclassified report
on world military expenditures and arms transfers. Such report
shall provide detailed, comprehensive, and statistical
information regarding military expenditures, arms transfers,
armed forces, and related economic data for each country of the
world. In addition, such report shall include pertinent in-
depth analyses as well as highlights with respect to arms
transfers and proliferation trends and initiatives affecting
such developments.
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\120\ 22 U.S.C. 2593b. Sec. 717(a)(3) of Public Law 103-236 (108
Stat. 498) added this section as sec. 52. Sec. 704(3) of that Act
repealed the former sec. 52, entitled ``reports on adherence to an
compliance with agreements''. Sec. 717(a)(3) of that Act incorporated
the substance of the former sec. 52 into a new sec. 51. Sec. 1223(21)
of the Foreign Affairs Agencies Consolidation Act of 1998 (subdivision
A of division G of Public Law 105-277; 112 Stat. 2681-772) redesignated
this section from sec. 52.
\121\ Sec. 1223(16) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-772) struck out ``Director'' and inserted in lieu thereof
``Secretary of State''.
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Sec. 53.\122\ [Repealed--1998]
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\122\ Formerly at 22 U.S.C. 2593c. Sec. 718(a) of Public Law 103-
236 (108 Stat. 500) originally added this section. Sec. 1222 of the
Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A of
division G of Public Law 105-277; 112 Stat. 2681-768) repealed this
section, which pertained to the requirement to authorize
appropriations. For a comprehensive history of authorization and
appropriations levels, see footnotes relating to this section in
Legislation on Foreign Relations Through 1996, vol. II, beginning at
page 1252.
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Sec. 54.\123\ [Repealed--1998]
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\123\ Formerly at 22 U.S.C. 2593d. Sec. 718(a) of Public Law 103-
236 (108 Stat. 500) originally added this section. Sec. 1222 of the
Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A of
division G of Public Law 105-277; 112 Stat. 2681-768) repealed this
section, which pertained to transfer of funds, notification, and
reprogramming.
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TITLE V--ON-SITE INSPECTION ACTIVITIES \124\
findings
Sec. 501.\125\ The Congress finds that--
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\124\ For related legislation on United States program for on-site
inspections under arms control agreements, see sec. 1014 of the
National Defense Authorization Act for Fiscal Years 1990 and 1991
(Public Law 101-189; 103 Stat. 1547).
\125\ 22 U.S.C. 2595. Sec. 201 of Public Law 101-216 originally
added this section as sec. 61. Sec. 1223(21) of the Foreign Affairs
Agencies Consolidation Act of 1998 (subdivision A of division G of
Public Law 105-277; 112 Stat. 2681-772) redesignated this section from
sec. 61.
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(1) under this Act, the Department of State \126\ is
charged with the ``formulation and implementation of
United States arms control and disarmament policy in a
manner which will promote the national security'';
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\126\ Sec. 1223(17)(A) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-772) struck out ``United States Arms Control
and Disarmament Agency'' and inserted in lieu thereof ``Department of
State''.
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(2) \127\ the On-Site Inspection Agency was
established in 1988 pursuant to the INF Treaty to
implement, on behalf of the United States, the
inspection provisions of the INF Treaty;
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\127\ Sec. 1223(17)(B) and (C) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-772) struck out para. (2) and redesignated
paras. (3) through (7) as paras. (2) through (6). Former para. (2)
provided as follows:
``(2) as defined in this Act, the terms `arms control' and
`disarmament' means `the identification, verification, inspection,
limitation, control, reduction, or elimination, of armed forces and
armaments of all kinds under international agreement to establish an
effective system of international control';''.
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(3) \127\ on-site inspection activities under the INF
Treaty include--
(A) inspections in Russia, Ukraine,
Kazakhstan, Belarus, Turkmenistan, Uzbekistan,
the Czech Republic, and Germany,\128\
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\128\ Sec. 401(d)(1) of the FRIENDSHIP Act (Public Law 103-199; 107
Stat. 2324) struck out ``the Soviet Union, Czechoslovakia, and the
German Democratic Republic'', and inserted in lieu thereof ``Russia,
Ukraine, Kazakhstan, Belarus, Turkmenistan, Uzbekistan, the Czech
Republic, and Germany''.
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(B) escort duties for \129\ teams visiting
the United States and the Basing Countries,
---------------------------------------------------------------------------
\129\ Sec. 401(d)(2) of the FRIENDSHIP Act (Public Law 103-199; 107
Stat. 2324) struck out ``Soviet'' at this point.
---------------------------------------------------------------------------
(C) establishment and operation of the Portal
Monitoring Facility in Russia,\130\ and
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\130\ Sec. 401(d)(3) of the FRIENDSHIP Act (Public Law 103-199; 107
Stat. 2324) struck out ``the Soviet Union'' and inserted in lieu
thereof ``Russia''.
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(D) support for the \131\ inspectors at the
Portal Monitoring Facility in Utah;
---------------------------------------------------------------------------
\131\ Sec. 401(d)(4) of the FRIENDSHIP Act (Public Law 103-199; 107
Stat. 2324) struck out ``Soviet'' at this point.
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(4) \132\ the On-Site Inspection Agency has
additional responsibilities to those specified in
paragraph (3),\133\ including the monitoring of nuclear
tests pursuant to the Threshold Test Ban Treaty and the
Peaceful Nuclear Explosions Treaty and the monitoring
of the inspection provisions of such additional arms
control agreements as the President may direct;
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\132\ Sec. 402(a)(1) of Public Law 102-228 redesignated paras. (5)
and (6) as paras. (6) and (7), respectively, and added a new para. (5).
Sec. 1223(17)(C) of the Foreign Affairs Agencies Consolidation Act of
1998 (subdivision A of division G of Public Law 105-277; 112 Stat.
2681-772) subsequently redesignated paras. (3) through (7) as paras.
(2) through (6).
\133\ Sec. 1223(17)(D) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-772) struck out ``paragraph (4)'' and inserted
in lieu thereof ``paragraph (3)''.
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(5) \132\ the personnel of the On-Site Inspection
Agency include civilian technical experts, civilian
support personnel, and members of the Armed Forces; and
(6) \132\ the senior officials of the On-Site
Inspection Agency include representatives from the
\134\ Department of State.
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\134\ Sec. 1223(17)(E) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-772) struck out ``United States Arms Control
and Disarmament Agency and the'' at this point.
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policy coordination concerning implementation of on-site inspection
provisions
Sec. 502.\135\ (a) Interagency Coordination.--OSIA should
receive policy guidance which is formulated through an
interagency mechanism established by the President.
---------------------------------------------------------------------------
\135\ 22 U.S.C. 2595a. Sec. 201 of Public Law 101-216 originally
added this section. Sec. 1223(21) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-772) redesignated this section from sec. 62.
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(b) Role of the Secretary of Defense.--The Secretary of
Defense should provide to OSIA appropriate policy guidance
formulated through the interagency mechanism described in
subsection (a) and operational direction, consistent with
section 113(b) of title 10, United States Code.
(c) Role of the Secretary of State \136\.--The Secretary of
State \136\ should provide to the interagency mechanism
described in subsection (a) appropriate recommendations for
policy guidance to OSIA consistent with sections 102(3) and
304(b) \137\ of this Act.
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\136\ Sec. 1223(18)(A)(i) and (B) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-772) struck out ``Director'' and inserted in
lieu thereof ``Secretary of State'' in the subsection heading and in
the first sentence.
\137\ Sec. 1223(18)(A)(ii) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-772) struck out ``2(d), 22, and 34(c)'' and
inserted in lieu thereof ``102(3) and 304(b)''.
---------------------------------------------------------------------------
Sec. 63.\138\ [Repealed--1998]
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\138\ Formerly at 22 U.S.C. 2595b. Sec. 201 of Public Law 101-216
originally added this section. Sec. 1222 of the Foreign Affairs
Agencies Consolidation Act of 1998 (subdivision A of division G of
Public Law 105-277; 112 Stat. 2681-768) subsequently repealed this
section, which pertained to authorizations of appropriations for on-
site inspection.
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SEC. 503.\139\ REVIEW OF CERTAIN REPROGRAMMING NOTIFICATIONS.
Any \140\ notification submitted to the Congress with
respect to a proposed transfer, reprogramming, or reallocation
of funds from or within the budget of OSIA shall also be
submitted to the Committee on International Relations \141\ of
the House of Representatives and the Committee on Foreign
Relations of the Senate, and shall be subject to review by
those committees.
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\139\ 22 U.S.C. 2595b-1. Sec. 402(b)(2) of Public Law 102-228 added
this section as sec. 64. Sec. 1223(19)(A) and (B) of the Foreign
Affairs Agencies Consolidation Act of 1998 (subdivision A of division G
of Public Law 105-277; 112 Stat. 2681-772) redesignated the section as
sec. 503, restated the section catchline, and struck out subsec. (a),
which required the President to file a one-time report on On-Site
Inspection Activities. Sec. 1223(21) of that Act also redesignated the
section as sec. 503.
\140\ Sec. 1223(19)(C)(i) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-772) struck out ``(b) Review of Certain
Reprogramming Notifications.--'' at the beginning of the section.
\141\ Sec. 1223(19)(C)(ii) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-772) struck out ``Foreign Affairs'' and
inserted in lieu thereof ``International Relations''.
---------------------------------------------------------------------------
definitions
Sec. 504.\142\ As used in this title--
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\142\ 22 U.S.C. 2595c. Sec. 201 of Public Law 101-216 added this
section as sec. 64. Sec. 402(b)(1) of Public Law 102-228 redesignated
this section as sec. 65, and sec. 1223(21) of the Foreign Affairs
Agencies Consolidation Act of 1998 (subdivision A of division G of
Public Law 105-277; 112 Stat. 2681-772) further redesignated the
section from sec. 65.
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(1) the term ``INF Treaty'' means the Treaty Between
the United States of America \143\ and the Union of
Soviet Socialist Republics on the Elimination of Their
Intermediate-Range and Shorter-Range Missiles (signed
at Washington, December 8, 1987); \144\
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\143\ Sec. 1223(20) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-772) inserted ``of America'' after ``United States''.
\144\ Sec. 402(b)(2) of Public Law 102-228 struck out ``and'' at
the end of para. (1); struck out the period at the end of para. (2) and
inserted in lieu thereof a semicolon; and added new paras. (3) and (4).
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(2) the term ``OSIA'' means the On-Site Inspection
Agency established by the President, or such other
agency as may be designated by the President to carry
out the on-site inspection provisions of the INF
Treaty; \144\
(3) \144\ the term ``Peaceful Nuclear Explosions
Treaty means the Treaty Between the United States of
America and the Union of Soviet Socialist Republics on
Underground Nuclear Explosions for Peaceful Purposes
(signed at Washington and Moscow, May 28, 1976); and
(4) \144\ the term ``Threshold Test Ban Treaty''
means the Treaty Between the United States of America
and the Union of Soviet Socialist Republics on the
Limitation of Underground Nuclear Weapons Tests (signed
at Moscow, July 3, 1974).
2. Arms Control and Disarmament Authorization--Prior Years
a. Arms Control and Nonproliferation Authorization--Fiscal Year 2003
Partial text of Public Law 107-228 [Foreign Relations Authorization
Act, Fiscal Year 2003; H.R. 1646], 116 Stat. 1350, approved September
30, 2002
* * * * * * *
DIVISION B--SECURITY ASSISTANCE ACT OF 2002 \1\
TITLE X--GENERAL PROVISIONS
SEC. 1001. SHORT TITLE.
This division may be cited as the ``Security Assistance Act
of 2002.''
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\1\ Freestanding sections of the Security Assistance Act of 2002
may be found in Legislation on Foreign Relations Through 2008, vol. I-
B.
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* * * * * * *
TITLE XI--VERIFICATION OF ARMS CONTROL AND NONPROLIFERATION AGREEMENTS
SEC. 1101. VERIFICATION AND COMPLIANCE BUREAU PERSONNEL.
(a) In General.--Of the amount authorized to be
appropriated by section 111(a)(1)(A), $14,000,000 is authorized
to be available for the Bureau of Verification and Compliance
of the Department of State for Bureau-administered activities,
including the Key Verification Assets Fund and to upgrade
Bureau spaces for certification as a Sensitive Compartmented
Information Facility (SCIF).
(b) Additional Personnel.--In addition to the amount made
available under subsection (a), $1,800,000 is authorized to be
available for the fiscal year 2003 from the Department's
American Salaries Account, for the purpose of hiring new
personnel to carry out the Bureau's responsibilities, as set
forth in section 112 of the Arms Export Control and
Nonproliferation Act of 1999 (113 Stat. 1501A-486), as enacted
into law by section 1000(a)(7) of Public Law 106-113, including
the assignment of one full-time person to the Bureau to manage
the document control, tracking, and printing requirements of
the Bureau's operation in a SCIF.
SEC. 1102. KEY VERIFICATION ASSETS FUND.
Of the total amount made available to the Department for
fiscal year 2003, $7,000,000 is authorized to be available
within the Verification and Compliance Bureau's account to
carry out section 1111 of the Arms Control and Nonproliferation
Act of 1999 (113 Stat. 1501A-486), as enacted into law by
section 1000(a)(7) of Public Law 106-113.
SEC. 1103. REVISED VERIFICATION AND COMPLIANCE REPORTING REQUIREMENTS.
Section 403(a) of the Arms Control and Disarmament Act (22
U.S.C. 2593a(a)) is amended * * *
b. Arms Control and Nonproliferation Act of 1999
Partial text of Public Law 106-113 [Consolidated Appropriations Act,
2000; H.R. 3194, enacting by reference the Admiral James W. Nance and
Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and
2001; H.R. 3427], 113 Stat. 1501, approved November 29, 1999; as
amended by Public Law 109-401 [Henry J. Hyde United States-India
Peaceful Atomic Energy Cooperation Act of 2006; H.R. 5682], 120 Stat.
2726, approved December 18, 2006
AN ACT Making consolidated appropriations for the fiscal year ending
September 30, 2000, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the serveral
departments, agencies, corporations and other organizational
units of the Government for the fiscal year 2000, and for other
purposes, namely:
* * * * * * *
DIVISION B
Sec. 1000. (a) The provisions of the following bills are
hereby enacted into law:
(1)-(6) * * *
(7) H.R. 3427 of the 106th Congress, as introduced on
November 17, 1999, * * *
(8)-(9) * * *
* * * * * * *
APPENDIX G--H.R. 3427
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Admiral James W. Nance and
Meg Donovan Foreign Relations Authorization Act, Fiscal Years
2000 and 2001''.
* * * * * * *
DIVISION B--ARMS CONTROL, NONPROLIFERATION, AND SECURITY ASSISTANCE
PROVISIONS
SEC. 1001.\1\ SHORT TITLE.
This division may be cited as the ``Arms Control,
Nonproliferation, and Security Assistance Act of 1999''.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 2751 note.
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TITLE XI--ARMS CONTROL AND NONPROLIFERATION
SEC. 1101. SHORT TITLE.
This title may be cited as the ``Arms Control and
Nonproliferation Act of 1999''.
SEC. 1102.\2\ DEFINITIONS.
In this title:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the
Committee on International Relations and the Permanent
Select Committee on Intelligence of the House of
Representatives and the Committee on Foreign Relations
and the Select Committee on Intelligence of the Senate.
---------------------------------------------------------------------------
\2\ 22 U.S.C. 2652c note.
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(2) Assistant secretary.--The term ``Assistant
Secretary'' means the position of Assistant Secretary
of State for Verification and Compliance designated
under section 1112.
(3) Executive agency.--The term ``Executive agency''
has the meaning given the term in section 105 of title
5, United States Code.
(4) Intelligence community.--The term ``intelligence
community'' has the meaning given the term in section
3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)).
(5) START treaty or treaty.--The term ``START
Treaty'' or ``Treaty'' means the Treaty With the Union
of Soviet Socialist Republics on the Reduction and
Limitation of Strategic Offensive Arms, including all
agreed statements, annexes, protocols, and memoranda,
signed at Moscow on July 31, 1991.
(6) START ii treaty.--The term ``START II Treaty''
means the Treaty Between the United States of America
and the Russian Federation on Further Reduction and
Limitation of Strategic Offensive Arms, and related
protocols and memorandum of understanding, signed at
Moscow on January 3, 1993.
Subtitle A--Arms Control
CHAPTER 1--EFFECTIVE VERIFICATION OF COMPLIANCE WITH ARMS CONTROL
AGREEMENTS
SEC. 1111. KEY VERIFICATION ASSETS FUND.
(a) In General.--The Secretary of State is authorized to
transfer funds available to the Department of State under this
section to the Department of Defense, the Department of Energy,
or any agency, entity, or component of the intelligence
community, as needed, for retaining, researching, developing,
or acquiring technologies or programs relating to the
verification of arms control, nonproliferation, and disarmament
agreements or commitments.
(b) Prohibition on Reprogramming.--Notwithstanding any
other provision of law, funds made available to carry out this
section may not be used for any purpose other than the purposes
specified in subsection (a).
(c) Funding.--Of the total amount of funds authorized to be
appropriated to the Department of State by this Act for the
fiscal years 2000 and 2001, $5,000,000 is authorized to be
available for each such fiscal year to carry out subsection
(a).
(d) Designation of Fund.--Amounts made available under
subsection (c) may be referred to as the ``Key Verification
Assets Fund''.
SEC. 1112.\3\ ASSISTANT SECRETARY OF STATE FOR VERIFICATION AND
COMPLIANCE.
(a) Designation of Position.--The Secretary of State shall
designate one of the Assistant Secretaries of State authorized
by section 1(c)(1) of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2651a(c)(1)) as the Assistant Secretary
of State for Verification and Compliance. The Assistant
Secretary shall report to the Under Secretary of State for Arms
Control and International Security.
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\3\ 22 U.S.C. 2652c.
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(b) Directive Governing the Assistant Secretary of State.--
(1) In general.--Not later than 30 days after the
date of enactment of this Act, the Secretary of State
shall issue a directive governing the position of the
Assistant Secretary.
(2) Elements of the directive.--The directive issued
under paragraph (1) shall set forth, consistent with
this section--
(A) the duties of the Assistant Secretary;
(B) the relationships between the Assistant
Secretary and other officials of the Department
of State;
(C) any delegation of authority from the
Secretary of State to the Assistant Secretary;
and
(D) such matters as the Secretary considers
appropriate.
(c) Duties.--
(1) In general.--The Assistant Secretary shall have
as his principal responsibility the overall supervision
(including oversight of policy and resources) within
the Department of State of all matters relating to
verification and compliance with international arms
control, nonproliferation, and disarmament agreements
or commitments.
(2) Participation of the assistant secretary.--
(A) Primary role.--Except as provided in
subparagraphs (B) and (C), the Assistant
Secretary, or his designee, shall participate
in all interagency groups or organizations
within the executive branch of Government that
assess, analyze, or review United States
planned or ongoing policies, programs, or
actions that have a direct bearing on
verification or compliance matters, including
interagency intelligence committees concerned
with the development or exploitation of
measurement or signals intelligence or other
national technical means of verification.
(B) Requirement for designation.--
Subparagraph (A) shall not apply to groups or
organizations on which the Secretary of State
or the Undersecretary of State for Arms Control
and International Security sits, unless such
official designates the Assistant Secretary to
attend in his stead.
(C) National security limitation.--
(i) Waiver by president.--The
President may waive the provisions of
subparagraph (A) if inclusion of the
Assistant Secretary would not be in the
national security interests of the
United States.
(ii) Waiver by others.--With respect
to an interagency group or
organization, or meeting thereof,
working with exceptionally sensitive
information contained in compartments
under the control of the Director of
Central Intelligence, the Secretary of
Defense, or the Secretary of Energy,
such Director or Secretary, as the case
may be, may waive the provision of
subparagraph (A) if inclusion of the
Assistant Secretary would not be in the
national security interests of the
United States.
(iii) Transmission of waiver to
congress.--Any waiver of participation
under clause (i) or (ii) shall be
transmitted in writing to the
appropriate committees of Congress.
(3) Relationship to the intelligence community.--The
Assistant Secretary shall be the principal policy
community representative to the intelligence community
on verification and compliance matters.
(4) Reporting responsibilities.--The Assistant
Secretary shall have responsibility within the
Department of State for--
(A) all reports required pursuant to section
306 of the Arms Control and Disarmament Act (22
U.S.C. 2577);
(B) so much of the report required under
paragraphs (4) through (6) of section 403(a) of
the Arms Control and Disarmament Act (22 U.S.C.
2593a(a)(4) through (6)) as relates to
verification or compliance matters; \4\
(C) \4\ so much of the reports required under
section 104 of the Henry J. Hyde United States-
India Peaceful Atomic Energy Cooperation Act of
2006 as relates to verification or compliance
matters; and
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\4\ Sec. 108 of the Henry J. Hyde United States-India Peaceful
Atomic Energy Cooperation Act of 2006 (Public Law 109-401; 120 Stat.
2738) struck out ``and'' from the end of subpara. (B), redesignated
subpara. (C) as subpara. (D), and inserted a new subpara. (C).
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(D) \4\ other reports being prepared by the
Department of State as of the date of enactment
of this Act relating to arms control,
nonproliferation, or disarmament verification
or compliance matters.
SEC. 1113. ENHANCED ANNUAL (``PELL'') REPORT.
(a) Annual Report.--Section 403(a) of the Arms Control and
Disarmament Act (22 U.S.C. 2593a(a)) is amended-- * * *
(b) Additional Requirement.--Section 403 of the Arms
Control and Disarmament Act (22 U.S.C. 2593a) is amended by
adding at the end the following: * * *
SEC. 1114. REPORT ON START AND START II TREATIES MONITORING ISSUES.
(a) Report.--Not later than 180 days after the date of
enactment of this Act, the Director of Central Intelligence
shall submit to the appropriate committees of Congress a
detailed report in classified form. Such report shall include
the following:
(1) A comprehensive identification of all monitoring
activities associated with the START Treaty and the
START II Treaty.
(2) The specific intelligence community assets and
capabilities, including analytical capabilities, that
the Senate was informed, prior to the Senate giving its
advice and consent to ratification of the treaties,
would be necessary to accomplish those activities.
(3) An identification of the extent to which those
assets and capabilities have, or have not, been
attained or retained, and the corresponding effect this
has had upon United States monitoring confidence
levels.
(4) An assessment of any Russian activities relating
to the START Treaty which have had an impact upon the
ability of the United States to monitor Russian
adherence to the Treaty.
(b) Compartmented Annex.--Exceptionally sensitive,
compartmented information in the report required by this
section may be provided in a compartmented annex submitted to
the Select Committee on Intelligence of the Senate and the
Permanent Select Committee on Intelligence of the House of
Representatives.
SEC. 1115. STANDARDS FOR VERIFICATION.
(a) Verification of Compliance.--Section 306(a) of the Arms
Control and Disarmament Act (22 U.S.C. 2577(a)) is amended in
the matter preceding paragraph (1) by striking ``adequately''.
(b) Assessments Upon Request.--Section 306 of the Arms
Control and Disarmament Act (22 U.S.C. 2577) is amended-- * * *
SEC. 1116.\5\ CONTRIBUTION TO THE ADVANCEMENT OF SEISMOLOGY.
The United States Government shall, to the maximum extent
practicable, make available to the public in real time, or as
quickly as possible, all raw seismological data provided to the
United States Government by any international organization that
is directly responsible for seismological monitoring.
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\5\ 42 U.S.C. 7704 note.
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SEC. 1117.\6\ PROTECTION OF UNITED STATES COMPANIES.
(a) Reimbursement.--During the 2-year period beginning on
the date of the enactment of this Act, the United States
National Authority (as designated pursuant to section 101 of
the Chemical Weapons Convention Implementation Act of 1998 (as
contained in division I of Public Law 105-277)) shall, upon
request of the Director of the Federal Bureau of Investigation,
reimburse the Federal Bureau of Investigation for all costs
incurred by the Bureau for such period in connection with
implementation of section 303(b)(2)(A) of that Act, except that
such reimbursement may not exceed $2,000,000 for such 2-year
period.
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\6\ 22 U.S.C. 6723 note.
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(b) Report.--Not later than 180 days prior to the
expiration of the 2-year period described in subsection (a),
the Director of the Federal Bureau of Investigation shall
prepare and submit to the Committee on International Relations
of the House of Representatives and the Committee on Foreign
Relations of the Senate a report on how activities under
section 303(b)(2)(A) of the Chemical Weapons Convention
Implementation Act of 1998 will be fully funded and implemented
by the Federal Bureau of Investigation notwithstanding the
expiration of the 2-year period described in subsection (a).
SEC. 1118.\7\ REQUIREMENT FOR TRANSMITTAL OF SUMMARIES.
Whenever a United States delegation engaging in
negotiations on arms control, nonproliferation, or disarmament
submits to the Secretary of State a summary of the activities
of the delegation or the status of those negotiations, a copy
of each such summary shall be further transmitted by the
Secretary of State to the Committee on Foreign Relations of the
Senate and to the Committee on International Relations of the
House of Representatives promptly.
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\7\ 22 U.S.C. 2593a note.
\8\ For chapter 2, see this section, under ``Nonproliferation of
Weapons of Mass Destruction''.
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CHAPTER 2--MATTERS RELATING TO THE CONTROL OF BIOLOGICAL WEAPONS \8\
* * * * * * *
c. Arms Control and Disarmament Agency--Authorization, Fiscal Year 1999
Partial text of Public Law 105-277 [Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999; H.R. 4328], 112 Stat. 2681,
approved October 21, 1998
* * * * * * *
SUBDIVISION B--FOREIGN RELATIONS AUTHORIZATION
TITLE XX--GENERAL PROVISIONS
SEC. 2001. SHORT TITLE.
This subdivision may be cited as the ``Foreign Relations
Authorization Act, Fiscal Years 1998 and 1999''.
SEC. 2002. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.
In this subdivision, the term ``appropriate congressional
committees'' means the Committee on International Relations of
the House of Representatives and the Committee on Foreign
Relations of the Senate.
* * * * * * *
TITLE XXVI--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY
SEC. 2601. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out the
purposes of the Arms Control and Disarmament Act $41,500,000
for the fiscal year 1999.
SEC. 2602. STATUTORY CONSTRUCTION.
Section 303 of the Arms Control and Disarmament Act (22
U.S.C. 2573), as redesignated by section 2223 of this division,
is amended by adding at the end the following new subsection: *
* *
* * * * * * *
d. Arms Control and Nonproliferation Act of 1994
Partial text of part A, title VII, of Public Law 103-236 [Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995; H.R. 2333],
108 Stat. 382 at 491, approved April 30, 1994
TITLE VII--ARMS CONTROL
PART A--ARMS CONTROL AND NONPROLIFERATION ACT OF 1994
SEC. 701. SHORT TITLE; REFERENCES IN PART; TABLE OF CONTENTS.
(a) \1\ Short Title.--This part may be cited as the ``Arms
Control and Nonproliferation Act of 1994''.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 2551 note.
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(b) References in Part.--Except as specifically provided in
this part, whenever in this part an amendment or repeal is
expressed as an amendment to or repeal of a provision, the
reference shall be deemed to be made to the Arms Control and
Disarmament Act. \2\
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\2\ The Arms Control and Disarmament Act (Public Law 87-297), as
published in this volume, reflects all such amendments at the
appropriate places.
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SEC. 702. CONGRESSIONAL DECLARATIONS; PURPOSE.
(a) Congressional Declarations.--The Congress declares
that--
(1) a fundamental goal of the United States,
particularly in the wake of the highly turbulent and
uncertain international situation fostered by the end
of the Cold War, the disintegration of the Soviet Union
and the resulting emergence of fifteen new independent
states, and the revolutionary changes in Eastern
Europe, is to prevent the proliferation of nuclear
weapons and their means of delivery and of advanced
conventional armaments, to eliminate chemical and
biological weapons, and to reduce and limit the large
numbers of nuclear weapons in the former Soviet Union,
as well as to prevent regional conflicts and
conventional arms races; and
(2) an ultimate goal of the United States continues
to be a world in which the use of force is subordinated
to the rule of law and international change is achieved
peacefully without the danger and burden of
destabilizing and costly armaments.
(b) Purpose.--The purpose of this part is--
(1) to strengthen the United States Arms Control and
Disarmament Agency; and
(2) to improve congressional oversight of the arms
control, nonproliferation, and disarmament activities
of the United States Arms Control and Disarmament
Agency, and of the Agency's operating budget.
* * * * * * *
SEC. 711. REPORT ON MEASURES TO COORDINATE RESEARCH AND DEVELOPMENT.
Not later than December 31, 1994, the President shall
submit to the Congress a report prepared by the Director of the
United States Arms Control and Disarmament Agency, in
coordination with the Secretary of State, the Secretary of
Defense, the Secretary of Energy, the Chairman of the Joint
Chiefs of Staff, and the Director of Central Intelligence, with
respect to the procedures established pursuant to section 35 of
the Arms Control and Disarmament Act (22 U.S.C. 2575) for the
effective coordination of research and development on arms
control, nonproliferation, and disarmament among all
departments and agencies of the executive branch of Government.
* * * * * * *
SEC. 713. NEGOTIATING RECORDS.
(a) In General.--The Arms Control and Disarmament Act is
amended by inserting after section 37 the following: * * *
(b) Report Required.--Not later than January 31, 1995, the
Director of the United States Arms Control and Disarmament
Agency shall submit to the Speaker of the House of
Representatives and to the chairman of the Committee on Foreign
Relations of the Senate a detailed report describing the
actions he has undertaken to implement section 38 of the Arms
Control and Disarmament Act.
SEC. 714. AUTHORITIES WITH RESPECT TO NONPROLIFERATION MATTERS.
(a) \3\ Amendments to the Arms Export Control Act.-- * * *
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\3\ For text of the Arms Export Control Act, see Legislation on
Foreign Relations Through 2008, vol. I-A.
---------------------------------------------------------------------------
(b) Amendment to the Nuclear Non-Proliferation Act.--
Section 309(c) of the Nuclear Non-Proliferation Act of 1978 (42
U.S.C. 2139a(c)) is amended * * *
* * * * * * *
SEC. 717. REPORTS.
(a) In General.--Title IV of the Arms Control and
Disarmament Act is amended-- * * *
(b) \4\ Report on Revitalization of ACDA.--Not later than
December 31, 1995, the Director of the United States Arms
Control and Disarmament Agency shall submit to the Speaker of
the House of Representatives and the chairman of the Committee
on Foreign Relations of the Senate a detailed report describing
the actions that have been taken and that are underway to
revitalize the United States Arms Control and Disarmament
Agency pursuant to the provisions of this part and the
amendments made by this part.
---------------------------------------------------------------------------
\4\ 22 U.S.C. 2551 note.
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* * * * * * *
e. Arms Control and Disarmament Act Authorization for Fiscal Years 1990
and 1991
Partial text of Public Law 101-216 [H.R. 1495], 103 Stat. 1853,
approved December 11, 1989
Note.--Except for the provisions included below, this
Act consists of amendments to the Arms Control and
Disarmament Act. Those amendments have been
incorporated into that Act at the appropriate places.
AN ACT To amend the Arms Control and Disarmament Act to authorize
appropriations for the Arms Control and Disarmament Agency, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ SHORT TITLE.
This Act may be cited as the ``Arms Control and Disarmament
Amendments Act of 1989''.
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\1\ 22 U.S.C. 2551 note.
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TITLE I--ARMS CONTROL AND DISARMAMENT AGENCY
* * * * * * *
SEC. 104.\2\ ARMS CONTROL IMPLEMENTATION AND COMPLIANCE RESOLUTION.
The Director for the United States Arms Control and
Disarmament Agency should study, and report to the Congress on,
the advisability of establishing in the Agency an arms control
implementation and compliance resolution bureau, or other
organizational unit, that would be responsible for--
---------------------------------------------------------------------------
\2\ 22 U.S.C. 2565 note.
---------------------------------------------------------------------------
(1) managing the implementation of existing and
future arms control agreements;
(2) coordinating the activities of the Special
Verification Commission and the Standing Consultative
Commission; and
(3) preparing comprehensive analyses and policy
positions regarding the effective resolution of arms
control compliance questions.
SEC. 105.\3\ ARMS CONTROL VERIFICATION.
(a) Establishment of Working Group.--The President should
establish a working group--
---------------------------------------------------------------------------
\3\ 22 U.S.C. 2577a.
---------------------------------------------------------------------------
(1) to examine verification approaches to a strategic
arms reduction agreement and other arms control
agreements; and
(2) to assess the relevance for such agreements of
the verification provisions of the Treaty Between the
United States and the Union of Soviet Socialist
Republics on the Elimination of Their Intermediate-
Range and Shorter-Range Missiles (signed at Washington,
December 8, 1987).
(b) Information and Data Base.--(1) The Agency shall
allocate sufficient resources to develop and maintain a
comprehensive information and data base on verification
concepts, research, technologies, and systems. The Agency shall
collect, maintain, analyze, and disseminate information
pertaining to arms control verification and monitoring,
including information regarding--
(A) all current United States bilateral and
multilateral arms treaties; and
(B) proposed, prospective, and potential bilateral or
multilateral arms treaties in the areas of nuclear,
conventional, chemical, and space weapons.
(2) The Agency shall seek to improve United States
verification and monitoring activities through the monitoring
and support of relevant research and analysis.
(3) The Agency shall provide detailed information on the
activities pursuant to this section in its annual report to the
Congress.
SEC. 106. REPORTING REQUIREMENT ON PROSPECTS FOR CONVERSION OF UNITED
STATES DEFENSE INDUSTRIES.
The Director of the United States Arms Control and
Disarmament Agency, in consultation with the Secretary of
Defense and the Secretary of Commerce, shall study, and (not
later than 180 days after the date of enactment of this Act)
submit to the Congress a report, on concrete steps which could
be taken to improve prospects for conversion of portions of
United States defense industries to nondefense-related
activities as opportunities are presented through the
achievement of successful arms control agreements.
TITLE II--ON-SITE INSPECTION ACTIVITIES \4\
* * * * * * *
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\4\ Title II added a new title V to the Arms Control and
Disarmament Act. For related legislation on United States program for
on-site inspections under arms control agreements, see also sec. 1014
of the National Defense Authorization Act for Fiscal Years 1990 and
1991 (Public Law 101-189; 103 Stat. 1547).
f. Arms Control and Disarmament Act Authorization for Fiscal Years 1988
and 1989
Partial text of Public Law 100-213 [H.R. 2689], 101 Stat. 1444,
approved December 24, 1987
Note.--Except for the provisions included below, the
Act authorizing appropriations for ACDA for fiscal
years 1988 and 1989 consists of amendments to the Arms
Control and Disarmament Act. Those amendments have been
incorporated into that Act at the appropriate places.
AN ACT To amend the Arms Control and Disarmament Act to authorize
appropriations for the fiscal years 1988 and 1989 for the Arms Control
and Disarmament Agency, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arms Control and Disarmament
Amendments Act of 1987''.
* * * * * * *
SEC. 3. STANDING CONSULTATIVE COMMISSION.
(a) Findings.--The Congress finds that--
(1) the Standing Consultative Commission was
established by the United States and the Soviet Union
under Article XIII of the Treaty on the Limitation of
Anti-Ballistic Missile Systems as a framework for
considering and resolving questions concerning
compliance with arms control obligations; and
(2) the United States should raise and attempt to
resolve issues relating to compliance by the United
States and the Soviet Union with arms control
agreements in the Standing Consultative Commission.
(b) \1\ * * *
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\1\ Subsec. (b) amended title III of the Arms Control and
Disarmament Act by adding a new sec. 38 requiring the President to
submit to Congress an annual report on the activities of the Standing
Consultative Commission.
---------------------------------------------------------------------------
(c) Study and Report.--The Director of the United States Arms
Control and Disarmament Agency shall conduct a study to
determine how the Standing Consultative Commission could be
used more effectively to resolve arms control compliance
issues. The Director shall report the results of this study to
the Speaker of the House of Representatives and the chairman of
the Committee on Foreign Relations of the Senate within 6
months after the date of enactment of this Act.
* * * * * * *
SEC. 6. ACDA INSPECTOR GENERAL.
(a) \2\ * * *
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\2\ Subsec. (a) amended title IV of the Arms Control and
Disarmament Act by adding a new sec. 53 establishing an Office of the
Inspector General of the Arms Control and Disarmament Agency.
---------------------------------------------------------------------------
(b) Survey of ACDA Classified Information Security.--Not
later than 90 days after the date of enactment of this Act, the
Inspector General of the United States Arms Control and
Disarmament Agency--
(1) shall conduct a survey of physical, personnel,
document, and communications security programs,
procedures, and practices at the Agency for the
protection of classified information; and
(2) shall submit a report on the results of that
survey, together with such recommendations for
improvement of classified information security at the
Agency as the Inspector General considers appropriate,
to the Director of the Agency and to the Committee on
Foreign Affairs \3\ of the House of Representatives and
the Committee on Foreign Relations of the Senate.
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\3\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that
references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
g. Arms Control and Disarmament Act Authorization for Fiscal Years 1986
and 1987
Partial text of Public Law 99-93 [Foreign Relations Authorization Act,
Fiscal Years 1986 and 1987; H.R. 2068], 99 Stat. 405 at 444, approved
August 16, 1985
Note.--Except for the provisions included below, this
Act consists of amendments to the Arms Control and
Disarmament Act and title V, United States Code. Those
amendments have been incorporated at the appropriate
places.
AN ACT To authorize appropriations for fiscal years 1986 and 1987 for
the Department of State, the United States Information Agency, the
Board for International Broadcasting, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
SEC. 705. NEW BUILDING IN GENEVA FOR THE USE OF THE UNITED STATES ARMS
CONTROL NEGOTIATING TEAMS.
(a) Findings.--The Congress finds that--
(1) the United States is party to vital talks on arms
control in Geneva, Switzerland;
(2) these talks include negotiations on strategic
nuclear weapons, intermediate range nuclear weapons,
space and defense systems, a bilateral United States-
Soviet forum, called the Standing Consultative
Commission and a multilateral forum, called the
Conference on Disarmament;
(3) the United States delegations to these talks
occupy buildings and spaces insufficiently secure,
modernized, or large enough to permit those delegations
to conduct their work efficiently;
(4) the United States delegations to the strategic,
intermediate and space and defense talks in particular
occupy space in the Botanic Building that is also
occupied by offices of numerous other, non-United
States organizations, and shares common walls and
parking facilities with these delegations;
(5) arms control negotiations require sophisticated
security facilities, telecommunications equipment,
simultaneous translation capabilities and other
specialized services; and
(6) the Soviet Union, for its part, has made
available for its negotiating team a modern, secure,
well-equipped building dedicated for the use of its
arms control negotiating teams.
(b) Sense of Congress.--It is the sense of the Congress
that--
(1) in order to facilitate the effective work of the
United States arms control negotiating teams, and to
provide for them a dedicated structure capable of
supporting their vital tasks on a permanent basis, the
Secretary of State should submit to the Congress a
report on the feasibility, cost, location, and
requirements of a structure to house the United States
arms control negotiating teams in Geneva;
(2) this report should be submitted as soon as
possible; and
(3) this matter should be included in the
consideration of the 1985 supplemental appropriation
process.
SEC. 706. STUDY OF MEASURES TO ENHANCE CRISIS STABILITY AND CONTROL.
(a) Study.--The Secretary of State and the Director of the
Arms Control and Disarmament Agency shall conduct a detailed
and complete study and evaluation of additional measures which
both enhance the security of the United States and reduce the
likelihood of nuclear weapons use by contributing to crisis
stability or crisis control capabilities, including specific
consideration of the following measures:
(1) Increased redundancy of direct communications
link circuits, including the creation of new survivable
circuits and terminals, located outside the national
capital which have access to the command and control
system of the country in which they are located.
(2) Establishment of redundant, survivable direct
communications links between and among all nuclear-
armed states.
(3) Conclusion of an agreement creating ``non-
target'' sanctuaries only for certain direct
communications link circuits to enhance survivability
of communications.
(4) Creation in advance of standard operating
procedures for communicating, and possibly cooperating,
with the Soviet Union and other states in the event of
nuclear attacks by third parties on either the United
States or Soviet Union.
(5) Addition to the Incidents At Sea agreement of a
prohibition on the ``locking on'' of fire control
radars on ships and planes of the other side, an
agreement on the separation of naval forces during
specified periods of crisis, and other such measures
relevant to the Incidents At Sea agreement.
(6) Placement by the United States and the Soviet
Union of unmanned launch sensors in the land-based
missile fields of both countries.
(7) Establishment of anti-submarine operations free
zones designed to enhance the security of ballistic
missile submarines.
(8) Installation of permissive action links aboard
the ballistic missile submarines of the United States,
which might possibly be activated or deactivated at
various levels of alert, and encouragement of the
Soviet Union to do the same.
(9) Establishment of training programs for National
Command Authority officials to familiarize them with
alert procedures, communications capabilities, nuclear
weapons release authority procedures, and the crisis
control and stability implications thereof.
(10) Include in standard operating procedure the
relocation in a crisis of a National Command Authority
official outside Washington, D.C. to a secure location
with access to the strategic command and control
system, and announce the institution of this procedure
to relevant foreign governments.
(b) Report.--The Secretary of State and the Director of the
Arms Control and Disarmament Agency shall submit a report of
the study and evaluation under subsection (a) to the Committees
on Armed Services and Foreign Relations of the Senate and the
Committees on Armed Services and Foreign Affairs of the House
of Representatives \1\ by January 1, 1986. Such report should
be available in both a classified, if necessary, and
unclassified format.
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\1\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that
references to the Committee on Armed Services of the House of
Representatives shall be treated as referring to the Committee on
National Security of the House of Representatives. Sec. 1(a)(5) of that
Act provided that references to the Committee on Foreign Affairs shall
be treated as referring to the Committee on International Relations.
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SEC. 707. POLICY TOWARD BANNING CHEMICAL WEAPONS.
(a) Findings. --The Congress finds that--
(1) chemical weapons are among the most terrible
weapons in today's military arsenals;
(2) it is the objective of the United States to
eliminate the threat of chemical warfare through a
comprehensive and verifiable ban on chemical weapons;
(3) the United States is vigorously pursuing a
multilateral agreement to ban chemical weapons;
(4) the negotiation of a verifiable, bilateral
agreement between the United States and the Soviet
Union would be a significant step toward achieving a
worldwide ban on chemical weapons;
(5) bilateral discussions relating to a ban on
chemical weapons took place in July and August of 1984
between the United States and Soviet delegations to the
Conference on Disarmament; and
(6) such endeavors could serve the security interests
of humankind.
(b) Sense of Congress.--It is the sense of the Congress
that the President--
(1) should be commended for his efforts to negotiate
a multilateral agreement banning chemical weapons;
(2) should continue to pursue vigorously such an
agreement; and
(3) should seek the continuation and development of
bilateral discussions between the United States and the
Soviet Union to achieve a comprehensive and verifiable
ban on chemical weapons.
SEC. 708. POLICY REGARDING A JOINT STUDY BY THE UNITED STATES AND THE
SOVIET UNION OF THE CONSEQUENCES OF NUCLEAR WINTER.
It is the sense of the Congress that the President should
propose to the Government of the Soviet Union during any arms
control talks held with such Government that--
(1) the United States and the Soviet Union should
jointly study the atmospheric, climatic, environmental,
and biological consequences of nuclear explosions,
sometimes known as ``nuclear winter'', and the impact
that nuclear winter would have on the national security
of both nations;
(2) such a joint study should include the sharing and
exchange of information and findings on the nuclear
winter phenomena and make recommendations on possible
joint research projects that would benefit both
nations; and
(3) at an appropriate time the other nuclear weapons
states (the United Kingdom, France, and the People's
Republic of China) should be involved in the study.
3. Cooperative Threat Reduction
a. Cooperative Threat Reduction, Fiscal Year 2009
Partial text of Public Law 110-417 [Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009; S. 3001], 122 Stat. 4356,
approved October 14, 2008
AN ACT To authorize appropriations for fiscal year 2009 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS; SENSE OF CONGRESS.
(a) Short Title.--This Act may be cited as the ``Duncan
Hunter National Defense Authorization Act for Fiscal Year
2009''.
(b)-(c) * * *
* * * * * * *
TITLE III--OPERATION AND MAINTENANCE
* * * * * * *
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 2009 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for expenses, not
otherwise provided for, for operation and maintenance, in
amounts as follows:
(1)-(18) * * *
(19) For Cooperative Threat Reduction programs,
$434,135,000.
(20) * * *
* * * * * * *
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
FUNDS.
(a) Specification of Cooperative Threat Reduction
Programs.--For purposes of section 301 and other provisions of
this Act, Cooperative Threat Reduction programs are the
programs specified in section 1501 of the National Defense
Authorization Act for Fiscal Year 1997 (50 U.S.C. 2362 note).
(b) Fiscal Year 2009 Cooperative Threat Reduction Funds
Defined.--As used in this title, the term ``fiscal year 2009
Cooperative Threat Reduction funds'' means the funds
appropriated pursuant to the authorization of appropriations in
section 301 for Cooperative Threat Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to
the authorization of appropriations in section 301 for
Cooperative Threat Reduction programs shall be available for
obligation for fiscal years 2009, 2010, and 2011.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $434,135,000
authorized to be appropriated to the Department of Defense for
fiscal year 2009 in section 301(19) for Cooperative Threat
Reduction programs, the following amounts may be obligated for
the purposes specified:
(1) For strategic offensive arms elimination in
Russia, $79,985,000.
(2) For strategic nuclear arms elimination in
Ukraine, $6,400,000.
(3) For nuclear weapons storage security in Russia,
$24,101,000.
(4) For nuclear weapons transportation security in
Russia, $40,800,000.
(5) For weapons of mass destruction proliferation
prevention in the states of the former Soviet Union,
$59,286,000.
(6) For biological threat reduction in the former
Soviet Union, $184,463,000.
(7) For chemical weapons destruction, $1,000,000.
(8) For defense and military contacts, $8,000,000.
(9) For new Cooperative Threat Reduction initiatives,
$10,000,000.
(10) For activities designated as Other Assessments/
Administrative Costs, $20,100,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2009 Cooperative Threat Reduction
funds may be obligated or expended for a purpose other than a
purpose listed in paragraphs (1) through (10) of subsection (a)
until 15 days after the date that the Secretary of Defense
submits to Congress a report on the purpose for which the funds
will be obligated or expended and the amount of funds to be
obligated or expended. Nothing in the preceding sentence shall
be construed as authorizing the obligation or expenditure of
fiscal year 2009 Cooperative Threat Reduction funds for a
purpose for which the obligation or expenditure of such funds
is specifically prohibited under this title or any other
provision of law.
(c) Limited Authority to Vary Individual Amounts.--
(1) In general.--Subject to paragraph (2), in any
case in which the Secretary of Defense determines that
it is necessary to do so in the national interest, the
Secretary may obligate amounts appropriated for fiscal
year 2009 for a purpose listed in paragraphs (1)
through (10) of subsection (a) in excess of the
specific amount authorized for that purpose.
(2) Notice-and-wait required.--An obligation of funds
for a purpose stated in paragraphs (1) through (10) of
subsection (a) in excess of the specific amount
authorized for such purpose may be made using the
authority provided in paragraph (1) only after--
(A) the Secretary submits to Congress
notification of the intent to do so together
with a complete discussion of the justification
for doing so; and
(B) 15 days have elapsed following the date
of the notification.
b. Cooperative Threat Reduction Appropriations, 2009
Partial text of Public Law 110-329 [Consolidated Security, Disaster
Assistance, and Continuing Appropriations Act, 2009; H.R. 2638], 122
Stat. 3574, approved September 30, 2008
AN ACT Making appropriations for the Department of Homeland Security
for the fiscal year ending September 30, 2008, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Security,
Disaster Assistance, and Continuing Appropriations Act, 2009''.
* * * * * * *
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2009
That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2009, for military functions administered
by the Department of Defense and for other purposes, namely:
* * * * * * *
TITLE II--OPERATION AND MAINTENANCE
* * * * * * *
Cooperative Threat Reduction Account
For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure
transportation and storage of nuclear, chemical and other
weapons; for establishing programs to prevent the proliferation
of weapons, weapons components, and weapon-related technology
and expertise; for programs relating to the training and
support of defense and military personnel for demilitarization
and protection of weapons, weapons components and weapons
technology and expertise, and for defense and military
contacts, $434,135,000, to remain available until September 30,
2011: Provided, That of the amounts provided under this
heading, $12,000,000 shall be available only to support the
dismantling and disposal of nuclear submarines, submarine
reactor components, and security enhancements for transport and
storage of nuclear warheads in the Russian Far East.
* * * * * * *
c. Cooperative Threat Reduction, Fiscal Year 2008
Partial text of Public Law 110-181 [National Defense Authorization Act
for Fiscal Year 2008; H.R. 4986], 122 Stat. 3, approved January 28,
2008
AN ACT To provide for the enactment of the National Defense
Authorization Act for Fiscal Year 2008, as previously enrolled, with
certain modifications to address the foreign sovereign immunities
provisions of title 28, United States Code, with respect to the
attachment of property in certain judgments against Iraq, the lapse of
statutory authorities for the payment of bonuses, special pays, and
similar benefits for members of the uniformed services, and for other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TREATMENT OF EXPLANATORY STATEMENT.
(a) Short Title.--This Act may be cited as the ``National
Defense Authorization Act for Fiscal Year 2008''.
* * * * * * *
TITLE III--OPERATION AND MAINTENANCE
* * * * * * *
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 2008 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for expenses, not
otherwise provided for, for operation and maintenance, in
amounts as follows:
(1)-(18) * * *
(19) For Former Soviet Union Threat Reduction
programs, $428,048,000.\1\
---------------------------------------------------------------------------
\1\ Title II of the Department of Defense Appropriations Act, 2008
(Public Law 110-116; 121 Stat. 1303) provided the following:
---------------------------------------------------------------------------
``Former Soviet Union Threat Reduction Account
---------------------------------------------------------------------------
``For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure transportation and
storage of nuclear, chemical and other weapons; for establishing
programs to prevent the proliferation of weapons, weapons components,
and weapon-related technology and expertise; for programs relating to
the training and support of defense and military personnel for
demilitarization and protection of weapons, weapons components and
weapons technology and expertise, and for defense and military
contacts, $428,048,000, to remain available until September 30, 2010:
Provided, That of the amounts provided under this heading, $12,000,000
shall be available only to support the dismantling and disposal of
nuclear submarines, submarine reactor components, and security
enhancements for transport and storage of nuclear warheads in the
Russian Far East.''.
---------------------------------------------------------------------------
(20) * * *
* * * * * * *
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Specification of Cooperative Threat Reduction programs in
states outside the former Soviet Union.
Sec. 1304. Repeal of restrictions on assistance to states of the former
Soviet Union for Cooperative Threat Reduction.
Sec. 1305. Modification of authority to use Cooperative Threat Reduction
funds outside the former Soviet Union.
Sec. 1306. New initiatives for the Cooperative Threat Reduction Program.
Sec. 1307. Report relating to chemical weapons destruction at
Shchuch'ye, Russia.
Sec. 1308. National Academy of Sciences study of prevention of
proliferation of biological weapons.
SEC. 1301.\2\ SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS
AND FUNDS.
(a) \2\ Specification of Cooperative Threat Reduction
Programs.--For purposes of section 301 and other provisions of
this Act, Cooperative Threat Reduction programs are the
programs specified in section 1501(b) of the National Defense
Authorization Act for Fiscal Year 1997 (50 U.S.C. 2362 note),
as amended by section 1303 of this Act.
---------------------------------------------------------------------------
\2\ 22 U.S.C. 5852 note.
---------------------------------------------------------------------------
(b) Fiscal Year 2008 Cooperative Threat Reduction Funds
Defined.--As used in this title, the term ``fiscal year 2008
Cooperative Threat Reduction funds'' means the funds
appropriated pursuant to the authorization of appropriations in
section 301 for Cooperative Threat Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to
the authorization of appropriations in section 301 for
Cooperative Threat Reduction programs shall be available for
obligation for three fiscal years.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $428,048,000
authorized to be appropriated to the Department of Defense for
fiscal year 2008 in section 301(19) for Cooperative Threat
Reduction programs, the following amounts may be obligated for
the purposes specified:
(1) For strategic offensive arms elimination in
Russia, $92,885,000.
(2) For nuclear weapons storage security in Russia,
$47,640,000.
(3) For nuclear weapons transportation security in
Russia, $37,700,000.
(4) For weapons of mass destruction proliferation
prevention in the states of the former Soviet Union,
$47,986,000.
(5) For biological weapons proliferation prevention
in the former Soviet Union, $158,489,000.
(6) For chemical weapons destruction, $6,000,000.
(7) For defense and military contacts, $8,000,000.
(8) For new Cooperative Threat Reduction initiatives
that are outside the former Soviet Union, $10,000,000.
(9) For activities designated as Other Assessments/
Administrative Support, $19,348,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2008 Cooperative Threat Reduction
funds may be obligated or expended for a purpose other than a
purpose listed in paragraphs (1) through (9) of subsection (a)
until 30 days after the date that the Secretary of Defense
submits to Congress a report on the purpose for which the funds
will be obligated or expended and the amount of funds to be
obligated or expended. Nothing in the preceding sentence shall
be construed as authorizing the obligation or expenditure of
fiscal year 2008 Cooperative Threat Reduction funds for a
purpose for which the obligation or expenditure of such funds
is specifically prohibited under this title or any other
provision of law.
(c) Limited Authority To Vary Individual Amounts.--
(1) In general.--Subject to paragraph (2), in any
case in which the Secretary of Defense determines that
it is necessary to do so in the national interest, the
Secretary may obligate amounts appropriated for fiscal
year 2008 for a purpose listed in paragraphs (1)
through (9) of subsection (a) in excess of the specific
amount authorized for that purpose.
(2) Notice-and-wait required.--An obligation of funds
for a purpose stated in paragraphs (1) through (9) of
subsection (a) in excess of the specific amount
authorized for such purpose may be made using the
authority provided in paragraph (1) only after--
(A) the Secretary submits to Congress
notification of the intent to do so together
with a complete discussion of the justification
for doing so; and
(B) 15 days have elapsed following the date
of the notification.
SEC. 1303. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS IN
STATES OUTSIDE THE FORMER SOVIET UNION.
Section 1501 of the National Defense Authorization Act for
Fiscal Year 1997 (50 U.S.C. 2362 note) is amended-- * * *
SEC. 1304. REPEAL OF RESTRICTIONS ON ASSISTANCE TO STATES OF THE FORMER
SOVIET UNION FOR COOPERATIVE THREAT REDUCTION.
(a) In General.--
(1) Soviet nuclear threat reduction act of 1991.--The
Soviet Nuclear Threat Reduction Act of 1991 (title II
of Public Law 102-228; 22 U.S.C. 2551 note) is
amended-- * * *
(2) Cooperative threat reduction act of 1993.--
Section 1203 of the Cooperative Threat Reduction Act of
1993 (22 U.S.C. 5952) is amended * * *
(3) Russian chemical weapons destruction
facilities.--Section 1305 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-
65; 22 U.S.C. 5952 note) is repealed.
(4) Conforming repeal.--Section 1303 of the Ronald W.
Reagan National Defense Authorization Act for Fiscal
Year 2005 (Public Law 108-375; 22 U.S.C. 5952 note) is
repealed.
(b) \2\ Inapplicability of Other Restrictions.--Section 502
of the Freedom for Russia and Emerging Eurasian Democracies and
Open Markets Support Act of 1992 (22 U.S.C. 5852) shall not
apply to any Cooperative Threat Reduction program.
SEC. 1305. MODIFICATION OF AUTHORITY TO USE COOPERATIVE THREAT
REDUCTION FUNDS OUTSIDE THE FORMER SOVIET UNION.
Section 1308 of the National Defense Authorization Act for
Fiscal Year 2004 (22 U.S.C. 5963) is amended-- * * *
SEC. 1306. NEW INITIATIVES FOR THE COOPERATIVE THREAT REDUCTION
PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Department of Defense Cooperative Threat
Reduction (CTR) Program should be strengthened and
expanded, in part by developing new CTR initiatives;
(2) such new initiatives should--
(A) be well-coordinated with the Department
of Energy, the Department of State, and any
other relevant United States Government agency
or department;
(B) include appropriate transparency and
accountability mechanisms, and legal frameworks
and agreements between the United States and
CTR partner countries;
(C) reflect engagement with non-governmental
experts on possible new options for the CTR
Program;
(D) include work with the Russian Federation
and other countries to establish strong CTR
partnerships that, among other things--
(i) increase the role of scientists
and government officials of CTR partner
countries in designing CTR programs and
projects; and
(ii) increase financial contributions
and additional commitments to CTR
programs and projects from Russia and
other partner countries, as
appropriate, as evidence that the
programs and projects reflect national
priorities and will be sustainable;
(E) include broader international cooperation
and partnerships, and increased international
contributions;
(F) incorporate a strong focus on national
programs and sustainability, which includes
actions to address concerns raised and
recommendations made by the Government
Accountability Office, in its report of
February 2007 titled ``Progress Made in
Improving Security at Russian Nuclear Sites,
but the Long-Term Sustainability of U.S. Funded
Security Upgrades is Uncertain'', which pertain
to the Department of Defense;
(G) continue to focus on the development of
CTR programs and projects that secure nuclear
weapons; secure and eliminate chemical and
biological weapons and weapons-related
materials; and eliminate nuclear, chemical, and
biological weapons-related delivery vehicles
and infrastructure at the source; and
(H) include efforts to develop new CTR
programs and projects in Russia and the former
Soviet Union, and in countries and regions
outside the former Soviet Union, as appropriate
and in the interest of United States national
security; and
(3) such new initiatives could include--
(A) programs and projects in Asia and the
Middle East; and
(B) activities relating to the
denuclearization of the Democratic People's
Republic of Korea.
(b) National Academy of Sciences Study.--
(1) Study.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense
shall enter into an arrangement with the National
Academy of Sciences under which the Academy shall carry
out a study to analyze options for strengthening and
expanding the CTR Program.
(2) Matters to be included in study.--The Secretary
shall provide for the study under paragraph (1) to
include--
(A) an assessment of new CTR initiatives
described in subsection (a); and
(B) an identification of options and
recommendations for strengthening and expanding
the CTR Program.
(3) Submission of national academy of sciences
report.--The National Academy of Sciences shall submit
to Congress a report on the study under this subsection
at the same time that such report is submitted to the
Secretary of Defense pursuant to subsection (c).
(c) Secretary of Defense Report.--
(1) In general.--Not later than 90 days after receipt
of the report under subsection (b), the Secretary of
Defense shall submit to Congress a report on new CTR
initiatives. The report shall include--
(A) a summary of the results of the study
carried out under subsection (b);
(B) an assessment by the Secretary of the
study; and
(C) a statement of the actions, if any, to be
undertaken by the Secretary to implement any
recommendations in the study.
(2) Form.--The report shall be in unclassified form
but may include a classified annex if necessary.
(d) Funding.--Of the amounts appropriated pursuant to the
authorization of appropriations in section 301(19) or otherwise
made available for Cooperative Threat Reduction programs for
fiscal year 2008, not more than $1,000,000 shall be obligated
or expended to carry out this section.
SEC. 1307. REPORT RELATING TO CHEMICAL WEAPONS DESTRUCTION AT
SHCHUCH'YE, RUSSIA.
(a) Definition.--In this section, the terms ``Shchuch'ye
project'' and ``project'' mean the Cooperative Threat Reduction
Program chemical weapons destruction project located in the
area of Shchuch'ye in the Russian Federation.
(b) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on the
Shchuch'ye project. The report shall include--
(1) a current and detailed cost estimate for
completion of the project, to include costs that will
be borne by the United States and Russia, respectively;
and
(2) a specific strategic and operating plan for
completion of the project, which includes--
(A) the Department's plans to ensure robust
project management and oversight, including
management and oversight with respect to the
performance of any contractors;
(B) project quality assurance and
sustainability measures;
(C) metrics for measuring project progress
with a timetable for achieving goals, including
initial systems integration and start-up
testing; and
(D) a projected project completion date.
SEC. 1308. NATIONAL ACADEMY OF SCIENCES STUDY OF PREVENTION OF
PROLIFERATION OF BIOLOGICAL WEAPONS.
(a) Study Required.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of Defense shall
enter into an arrangement with the National Academy of Sciences
under which the Academy shall carry out a study to identify
areas for cooperation with states other than states of the
former Soviet Union under the Cooperative Threat Reduction
Program of the Department of Defense in the prevention of
proliferation of biological weapons.
(b) Matters To Be Included in Study.--The Secretary shall
provide for the study under subsection (a) to include the
following:
(1) An assessment of the capabilities and capacity of
governments of developing countries to control the
containment and use of dual-use technologies of
potential interest to terrorist organizations or
individuals with hostile intentions.
(2) An assessment of the approaches to cooperative
threat reduction used by the states of the former
Soviet Union that are of special relevance in
preventing the proliferation of biological weapons in
other areas of the world.
(3) A brief review of programs of the United States
Government and other governments, international
organizations, foundations, and other private sector
entities that may contribute to the prevention of the
proliferation of biological weapons.
(4) Recommendations on steps for integrating
activities of the Cooperative Threat Reduction Program
relating to biological weapons proliferation prevention
with activities of other departments and agencies of
the United States, as appropriate, in states outside of
the former Soviet Union.
(c) Submission of National Academy of Sciences Report.--The
National Academy of Sciences shall submit to Congress a report
on the study under subsection (a) at the same time that such
report is submitted to the Secretary of Defense pursuant to
subsection (d).
(d) Secretary of Defense Report.--
(1) In general.--Not later than 90 days after receipt
of the report required by subsection (a), the Secretary
shall submit to the Congress a report on the study
carried out under subsection (a).
(2) Matters to be included.--The report under
paragraph (1) shall include the following:
(A) A summary of the results of the study
carried out under subsection (a).
(B) An assessment by the Secretary of the
study.
(C) A statement of the actions, if any, to be
undertaken by the Secretary to implement any
recommendations in the study.
(3) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a
classified annex.
(e) Funding.--Of the amounts appropriated pursuant to the
authorization of appropriations in section 301(19) or otherwise
made available for Cooperative Threat Reduction programs for
fiscal year 2008, not more than $1,000,000 may be obligated or
expended to carry out this section.
* * * * * * *
d. Cooperative Threat Reduction Authorization in Response to 9/11
Commission Recommendations, Fiscal Year 2008
Partial text of Public Law 110-53 [Implementing Recommendations of the
9/11 Commission Act of 2007; H.R. 1], 121 Stat. 266, approved August 3,
2007
AN ACT To provide for the implementation of the recommendations of the
National Commission on Terrorist Attacks Upon the United States.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Implementing Recommendations of the 9/11 Commission Act of
2007''.
(b) * * *
* * * * * * *
TITLE XVIII--PREVENTING WEAPONS OF MASS DESTRUCTION PROLIFERATION AND
TERRORISM
SEC. 1801.\1\ FINDINGS.
The 9/11 Commission has made the following recommendations:
---------------------------------------------------------------------------
\1\ 50 U.S.C. 2901.
---------------------------------------------------------------------------
(1)-(2) * * *
(3) Support the cooperative threat reduction
program.--The United States should expand, improve,
increase resources for, and otherwise fully support the
Cooperative Threat Reduction program.
* * * * * * *
Subtitle A--Repeal and Modification of Limitations on Assistance for
Prevention of WMD Proliferation and Terrorism
SEC. 1811. REPEAL AND MODIFICATION OF LIMITATIONS ON ASSISTANCE FOR
PREVENTION OF WEAPONS OF MASS DESTRUCTION
PROLIFERATION AND TERRORISM.
Consistent with the recommendations of the 9/11 Commission,
Congress repeals or modifies the limitations on assistance for
prevention of weapons of mass destruction proliferation and
terrorism as follows:
(1) Soviet nuclear threat reduction act of 1991.--
Subsections (b) and (c) of section 211 of the Soviet
Nuclear Threat Reduction Act of 1991 (title II of
Public Law 102-228; 22 U.S.C. 2551 note) are repealed.
(2) Cooperative threat reduction act of 1993.--
Section 1203(d) of the Cooperative Threat Reduction Act
of 1993 (title XII of Public Law 103-160; 22 U.S.C.
5952(d)) is repealed.
(3) Russian chemical weapons destruction
facilities.--Section 1305 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-
65; 22 U.S.C. 5952 note) is repealed.
(4) Authority to use cooperative threat reduction
funds outside the former soviet union--modification of
certification requirement; congressional notice
requirement.--Section 1308 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-
136; 22 U.S.C. 5963) is amended-- * * *
* * * * * * *
Subtitle C--Assistance to Accelerate Programs to Prevent Weapons of
Mass Destruction Proliferation and Terrorism
SEC. 1831.\2\ STATEMENT OF POLICY.
It shall be the policy of the United States, consistent
with the 9/11 Commission's recommendations, to eliminate any
obstacles to timely obligating and executing the full amount of
any appropriated funds for threat reduction and
nonproliferation programs in order to accelerate and strengthen
progress on preventing weapons of mass destruction (WMD)
proliferation and terrorism. Such policy shall be implemented
with concrete measures, such as those described in this title,
including the removal and modification of statutory limits to
executing funds, the expansion and strengthening of the
Proliferation Security Initiative, the establishment of the
Office of the United States Coordinator for the Prevention of
Weapons of Mass Destruction Proliferation and Terrorism under
subtitle D, and the establishment of the Commission on the
Prevention of Weapons of Mass Destruction Proliferation and
Terrorism under subtitle E. As a result, Congress intends
thatany funds authorized to be appropriated to programs for
preventing WMD proliferation and terrorism under this subtitle
will be executed in a timely manner.
---------------------------------------------------------------------------
\2\ 50 U.S.C. 2921.
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SEC. 1832.\3\ AUTHORIZATION OF APPROPRIATIONS FOR THE DEPARTMENT OF
DEFENSE COOPERATIVE THREAT REDUCTION PROGRAM.
(a) Fiscal Year 2008.--
---------------------------------------------------------------------------
\3\ 50 U.S.C. 2922.
---------------------------------------------------------------------------
(1) In general.--Subject to paragraph (2), there are
authorized to be appropriated to the Department of
Defense Cooperative Threat Reduction Program such sums
as may be necessary for fiscal year 2008 for the
following purposes:
(A) Chemical weapons destruction at
Shchuch'ye, Russia.
(B) Biological weapons proliferation
prevention.
(C) Acceleration, expansion, and
strengthening of Cooperative Threat Reduction
Program activities.
(2) Limitation.--The sums appropriated pursuant to
paragraph (1) may not exceed the amounts authorized to
be appropriated by any national defense authorization
Act for fiscal year 2008 (whether enacted before or
after the date of the enactment of this Act) to the
Department of Defense Cooperative Threat Reduction
Program for such purposes.
(b) Future Years.--It is the sense of Congress that in
fiscal year 2008 and future fiscal years, the President should
accelerate and expand funding for Cooperative Threat Reduction
programs administered by the Department of Defense and such
efforts should include, beginning upon enactment of this Act,
encouraging additional commitments by the Russian Federation
and other partner nations, as recommended by the 9/11
Commission.
SEC. 1833.\4\ AUTHORIZATION OF APPROPRIATIONS FOR THE DEPARTMENT OF
ENERGY PROGRAMS TO PREVENT WEAPONS OF MASS
DESTRUCTION PROLIFERATION AND TERRORISM.
(a) In General.--Subject to subsection (b), there are
authorized to be appropriated to Department of Energy National
Nuclear Security Administration Defense Nuclear
Nonproliferation such sums as may be necessary for fiscal year
2008 to accelerate, expand, and strengthen the following
programs to prevent weapons of mass destruction (WMD)
proliferation and terrorism:
---------------------------------------------------------------------------
\4\ 50 U.S.C. 2923.
---------------------------------------------------------------------------
(1) The Global Threat Reduction Initiative.
(2) The Nonproliferation and International Security
program.
(3) The International Materials Protection, Control
and Accounting program.
(4) The Nonproliferation and Verification Research
and Development program.
(b) Limitation.--The sums appropriated pursuant to
subsection (a) may not exceed the amounts authorized to be
appropriated by any national defense authorization Act for
fiscal year 2008 (whether enacted before or after the date of
the enactment of this Act) to Department of Energy National
Nuclear Security Administration Defense Nuclear
Nonproliferation for such purposes.
* * * * * * *
e. Cooperative Threat Reduction, Fiscal Year 2007
Partial text of Public Law 109-364 [John Warner National Defense
Authorization Act for Fiscal Year 2007; H.R. 5122], 120 Stat. 2083,
approved October 17, 2006
AN ACT To authorize appropriations for fiscal year 2007 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``John
Warner National Defense Authorization Act for Fiscal Year
2007''.
(b) * * *
* * * * * * *
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
* * * * * * *
TITLE III--OPERATION AND MAINTENANCE
* * * * * * *
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 2007 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for expenses, not
otherwise provided for, for operation and maintenance, in
amounts as follows:
(1)-(17) * * *
(18) For Former Soviet Union Threat Reduction
programs, $372,128,000.
(19) * * *
* * * * * * *
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Extension of temporary authority to waive limitation on
funding for chemical weapons destruction facility in Russia.
Sec. 1304. National Academy of Sciences study of prevention of
proliferation of biological weapons.
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
FUNDS.
(a) Specification of CTR Programs.--For purposes of section
301 and other provisions of this Act, Cooperative Threat
Reduction programs are the programs specified in section
1501(b) of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362
note).
(b) Fiscal Year 2007 Cooperative Threat Reduction Funds
Defined.--As used in this title, the term ``fiscal year 2007
Cooperative Threat Reduction funds'' means the funds
appropriated pursuant to the authorization of appropriations in
section 301 for Cooperative Threat Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to
the authorization of appropriations in section 301 for
Cooperative Threat Reduction programs shall be available for
obligation for three fiscal years.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $372,128,000
authorized to be appropriated to the Department of Defense for
fiscal year 2007 in section 301(19) for Cooperative Threat
Reduction programs, the following amounts may be obligated for
the purposes specified:
(1) For strategic offensive arms elimination in
Russia, $76,985,000.
(2) For nuclear weapons storage security in Russia,
$87,100,000.
(3) For nuclear weapons transportation security in
Russia, $33,000,000.
(4) For weapons of mass destruction proliferation
prevention in the states of the former Soviet Union,
$37,486,000.
(5) For biological weapons proliferation prevention
in the former Soviet Union, $68,357,000.
(6) For chemical weapons destruction in Russia,
$42,700,000.
(7) For defense and military contacts, $8,000,000.
(8) For activities designated as Other Assessments/
Administrative Support, $18,500,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2007 Cooperative Threat Reduction
funds may be obligated or expended for a purpose other than a
purpose listed in paragraphs (1) through (8) of subsection (a)
until 30 days after the date that the Secretary of Defense
submits to Congress a report on the purpose for which the funds
will be obligated or expended and the amount of funds to be
obligated or expended. Nothing in the preceding sentence shall
be construed as authorizing the obligation or expenditure of
fiscal year 2007 Cooperative Threat Reduction funds for a
purpose for which the obligation or expenditure of such funds
is specifically prohibited under this title or any other
provision of law.
(c) Limited Authority to Vary Individual Amounts.--
(1) In general.--Subject to paragraphs (2) and (3),
in any case in which the Secretary of Defense
determines that it is necessary to do so in the
national interest, the Secretary may obligate amounts
appropriated for fiscal year 2007 for a purpose listed
in any of the paragraphs in subsection (a) in excess of
the specific amount authorized for that purpose.
(2) Notice-and-wait required.--An obligation of funds
for a purpose stated in any of the paragraphs in
subsection (a) in excess of the specific amount
authorized for such purpose may be made using the
authority provided in paragraph (1) only after--
(A) the Secretary submits to Congress
notification of the intent to do so together
with a complete discussion of the justification
for doing so; and
(B) 15 days have elapsed following the date
of the notification.
(3) Restriction.--The Secretary may not, under the
authority provided in paragraph (1), obligate amounts
for a purpose stated in any of paragraphs (6) through
(8) of subsection (a) in excess of 125 percent of the
specific amount authorized for such purpose.
SEC. 1303. EXTENSION OF TEMPORARY AUTHORITY TO WAIVE LIMITATION ON
FUNDING FOR CHEMICAL WEAPONS DESTRUCTION FACILITY
IN RUSSIA.
Section 1303 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118
Stat. 2094; 22 U.S.C. 5952 note) is amended-- * * *
SEC. 1304. NATIONAL ACADEMY OF SCIENCES STUDY OF PREVENTION OF
PROLIFERATION OF BIOLOGICAL WEAPONS.
(a) Study Required.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of Defense shall
enter into an arrangement with the National Academy of Sciences
under which the Academy shall carry out a study to identify
areas for further cooperation with Russia and other states of
the former Soviet Union under the Cooperative Threat Reduction
(CTR) program of the Department of Defense in the specific area
of prevention of proliferation biological weapons.
(b) Matters to Be Included in Study.--The Secretary shall
provide for the study under subsection (a) to include the
following:
(1) A brief review of any ongoing or previously
completed United States Government program (whether
conducted through the Cooperative Threat Reduction
program or otherwise) in the area of prevention of
proliferation of biological weapons.
(2) An identification of further cooperative work
between the United States Government and foreign
governments, including technical scientific
cooperation, that could effectively be pursued in the
area of prevention of proliferation of biological
weapons and the objectives that such work would be
designed to achieve.
(3) An identification of any obstacles to designing
and implementing a nonproliferation program (whether
conducted through the Cooperative Threat Reduction
program or otherwise) that could successfully
accomplish the objectives identified pursuant to
paragraph (2), together with recommendations for
overcoming such obstacles, including recommendations in
the area of coordination among relevant United States
Government departments and agencies.
(c) Report.--
(1) Secretary of defense report.--Not later than
December 31, 2007, the Secretary of Defense shall
submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives a report on the study carried out under
subsection (a).
(2) Matters to be incuded.\1\--The report under
paragraph (1) shall incude the following:
---------------------------------------------------------------------------
\1\ As enrolled.
---------------------------------------------------------------------------
(A) The results of the study carried out
under subsection (a), including any report
received from the National Academy of Sciences
on such study.
(B) An assessment of the study by the
Secretary.
(C) an action plan for implementing the
recommendations from the study, if any, that
the Secretary has decided to pursue.
(3) Form of submittal.--The report under paragraph
(1) shall be submitted in unclassified form, but may
include a classified annex.
(d) Funding.--Of the amounts made available pursuant to the
authorization of appropriations in section 301(19) \2\ for
Cooperative Threat Reduction programs, not more than $150,000
shall be available to carry out this section.
---------------------------------------------------------------------------
\2\ Sec. 301(18) of this Act authorizes $372,128,000 for Former
Soviet Union Threat Reduction programs. Sec. 301(19) authorizes
$63,204,000 for Overseas Humanitarian Disaster and Civic Aid.
---------------------------------------------------------------------------
* * * * * * *
f. Cooperative Threat Reduction, Fiscal Year 2006
Partial text of Public Law 109-163 [National Defense Authorization Act
for Fiscal Year 2006; H.R. 1815], 119 Stat. 3136, approved January 6,
2006
AN ACT To authorize appropriations for fiscal year 2006 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 2006''.
* * * * * * *
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 2006 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for expenses, not
otherwise provided for, for operation and maintenance, in
amounts as follows:
(1)-(18) * * *
(19) For Cooperative Threat Reduction programs,
$415,459,000.\1\
---------------------------------------------------------------------------
\1\ Title II of the Department of Defense Appropriations Act, 2006
(division A of Public Law 109-148; 119 Stat. 2687) provided the
following:
---------------------------------------------------------------------------
``Former Soviet Union Threat Reduction Account
---------------------------------------------------------------------------
``For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure transportation and
storage of nuclear, chemical and other weapons; for establishing
programs to prevent the proliferation of weapons, weapons components,
and weapon-related technology and expertise; for programs relating to
the training and support of defense and military personnel for
demilitarization and protection of weapons, weapons components and
weapons technology and expertise, and for defense and military
contacts, $415,549,000, to remain available until September 30, 2008:
Provided, That of the amounts provided under this heading, $15,000,000
shall be available only to support the dismantling and disposal of
nuclear submarines, submarine reactor components, and security
enhancements for transport and storage of nuclear warheads in the
Russian Far East.''.
Subsequently, chapter 2 of title I of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and Hurricane
Recovery, 2006 (Public Law 109-234; 120 Stat. 422) provided the
following:
---------------------------------------------------------------------------
``Former Soviet Union Threat Reduction Account
---------------------------------------------------------------------------
``For an additional amount for ``Former Soviet Union Threat
Reduction Account'', $44,500,000: Provided, That the amount provided
under this heading is designated as an emergency requirement pursuant
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.''.
---------------------------------------------------------------------------
(20) * * *
* * * * * * *
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Permanent waiver of restrictions on use of funds for threat
reduction in states of the former Soviet Union.
Sec. 1304. Report on elimination of impediments to threat-reduction and
nonproliferation programs in the former Soviet Union.
Sec. 1305. Repeal of requirement for annual Comptroller General
assessment of annual Department of Defense report on
activities and assistance under Cooperative Threat Reduction
programs.
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
FUNDS.
(a) Specification of CTR Programs.--For purposes of section
301 and other provisions of this Act, Cooperative Threat
Reduction programs are the programs specified in section
1501(b) of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362
note).
(b) Fiscal Year 2006 Cooperative Threat Reduction Funds
Defined.--As used in this title, the term ``fiscal year 2006
Cooperative Threat Reduction funds'' means the funds
appropriated pursuant to the authorization of appropriations in
section 301 for Cooperative Threat Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to
the authorization of appropriations in section 301 for
Cooperative Threat Reduction programs shall be available for
obligation for three fiscal years.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $415,549,000
authorized to be appropriated to the Department of Defense for
fiscal year 2006 in section 301(19) for Cooperative Threat
Reduction programs, the following amounts may be obligated for
the purposes specified:
(1) For strategic offensive arms elimination in
Russia, $78,900,000.
(2) For nuclear weapons storage security in Russia,
$74,100,000.
(3) For nuclear weapons transportation security in
Russia, $30,000,000.
(4) For weapons of mass destruction proliferation
prevention in the states of the former Soviet Union,
$40,600,000.
(5) For biological weapons proliferation prevention
in the former Soviet Union, $60,849,000.
(6) For chemical weapons destruction in Russia,
$108,500,000.
(7) For defense and military contacts, $8,000,000.
(8) For activities designated as Other Assessments/
Administrative Support, $14,600,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2006 Cooperative Threat Reduction
funds may be obligated or expended for a purpose other than a
purpose listed in paragraphs (1) through (8) of subsection (a)
until 30 days after the date that the Secretary of Defense
submits to Congress a report on the purpose for which the funds
will be obligated or expended and the amount of funds to be
obligated or expended. Nothing in the preceding sentence shall
be construed as authorizing the obligation or expenditure of
fiscal year 2006 Cooperative Threat Reduction funds for a
purpose for which the obligation or expenditure of such funds
is specifically prohibited under this title or any other
provision of law.
(c) Limited Authority to Vary Individual Amounts.--(1)
Subject to paragraphs (2) and (3), in any case in which the
Secretary of Defense determines that it is necessary to do so
in the national interest, the Secretary may obligate amounts
appropriated for fiscal year 2006 for a purpose listed in any
of the paragraphs in subsection (a) in excess of the specific
amount authorized for that purpose.
(2) An obligation of funds for a purpose stated in any of
the paragraphs in subsection (a) in excess of the specific
amount authorized for such purpose may be made using the
authority provided in paragraph (1) only after--
(A) the Secretary submits to Congress notification of
the intent to do so together with a complete discussion
of the justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
(3) The Secretary may not, under the authority provided in
paragraph (1), obligate amounts for a purpose stated in any of
paragraphs (6) through (8) of subsection (a) in excess of 125
percent of the specific amount authorized for such purpose.
SEC. 1303. PERMANENT WAIVER OF RESTRICTIONS ON USE OF FUNDS FOR THREAT
REDUCTION IN STATES OF THE FORMER SOVIET UNION.
Section 1306 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 22
U.S.C. 5952 note) is amended-- * * *
SEC. 1304.\2\ REPORT ON ELIMINATION OF IMPEDIMENTS TO THREAT REDUCTION
AND NONPROLIFERATION PROGRAMS IN THE FORMER SOVIET
UNION.
Not later than November 1, 2006, the President shall submit
to Congress a report on impediments to the effective conduct of
Cooperative Threat Reduction programs and related threat
reduction and nonproliferation programs and activities in the
states of the former Soviet Union. The report shall--
---------------------------------------------------------------------------
\2\ In a memorandum dated May 26, 2006 (71 F.R. 36435; June 26,
2006), the President delegated his functions under sec. 1304 to the
Secretary of State.
---------------------------------------------------------------------------
(1) identify the impediments to the rapid, efficient,
and effective conduct of programs and activities of the
Department of Defense, the Department of State, and the
Department of Energy, including issues relating to
access to sites, liability, and taxation; and
(2) describe the plans of the United States to
overcome or ameliorate such impediments, including an
identification and discussion of new models and
approaches that might be used to develop new
relationships with entities in the states of the former
Soviet Union capable of assisting in removing or
ameliorating those impediments, and any congressional
action that may be necessary for that purpose.
SEC. 1305. REPEAL OF REQUIREMENT FOR ANNUAL COMPTROLLER GENERAL
ASSESSMENT OF ANNUAL DEPARTMENT OF DEFENSE REPORT
ON ACTIVITIES AND ASSISTANCE UNDER COOPERATIVE
THREAT REDUCTION PROGRAMS.
Section 1308 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-398; 114 Stat. 1654A-341; 22 U.S.C. 5959) is
amended * * *
* * * * * * *
g. Cooperative Threat Reduction, Fiscal Year 2005
Partial text of Public Law 108-375 [Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005; H.R. 4200], 118 Stat. 1811,
approved October 28, 2004; as amended by Public Law 109-364 [John
Warner National Defense Authorization Act for Fiscal Year 2007; H.R.
5122], 120 Stat. 2083, approved October 17, 2006; and Public Law 110-
181 [National Defense Authorization Act for Fiscal Year 2008; H.R.
4986], 122 Stat. 3, approved January 28, 2008
AN ACT To authorize appropriations for fiscal year 2005 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.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005''.
* * * * * * *
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 2005 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for expenses, not
otherwise provided for, for operation and maintenance, in
amounts as follows:
(1)-(18) * * *
(19) For Cooperative Threat Reduction programs,
$409,200,000.\1\
---------------------------------------------------------------------------
\1\ Title II of the Department of Defense Appropriations Act, 2005
(Public Law 108-287; 118 Stat. 959) provided the following:
---------------------------------------------------------------------------
``Former Soviet Union Threat Reduction Account
---------------------------------------------------------------------------
``For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure transportation and
storage of nuclear, chemical and other weapons; for establishing
programs to prevent the proliferation of weapons, weapons components,
and weapon-related technology and expertise; for programs relating to
the training and support of defense and military personnel for
demilitarization and protection of weapons, weapons components and
weapons technology and expertise, and for defense and military
contacts, $409,200,000, to remain available until September 30, 2007:
Provided, That of the amounts provided under this heading, $15,000,000
shall be available only to support the dismantling and disposal of
nuclear submarines, submarine reactor components, and security
enhancements for transport and storage of nuclear warheads in the
Russian Far East.''.
Title VIII of Public Law 108-287 (118 Stat. 981) provided a partial
rescission of previous appropriations:
---------------------------------------------------------------------------
``(rescissions)
---------------------------------------------------------------------------
``Sec. 8049. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts:
---------------------------------------------------------------------------
``* * *
`` `Former Soviet Union Threat Reduction, 2003/2005', $50,000,000;
``* * *''.
(20) * * *
* * * * * * *
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
* * *
Sec. 1304. Inclusion of descriptive summaries in annual Cooperative
Threat Reduction reports and budget justification materials.
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
FUNDS.
(a) Specification of CTR Programs.--For purposes of section
301 and other provisions of this Act, Cooperative Threat
Reduction programs are the programs specified in section
1501(b) of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362
note).
(b) Fiscal Year 2005 Cooperative Threat Reduction Funds
Defined.--As used in this title, the term ``fiscal year 2005
Cooperative Threat Reduction funds'' means the funds
appropriated pursuant to the authorization of appropriations in
section 301 for Cooperative Threat Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to
the authorization of appropriations in section 301 for
Cooperative Threat Reduction programs shall be available for
obligation for three fiscal years.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $409,200,000
authorized to be appropriated to the Department of Defense for
fiscal year 2005 in section 301(19) for Cooperative Threat
Reduction programs, the following amounts may be obligated for
the purposes specified:
(1) For strategic offensive arms elimination in
Russia, $58,522,000.
(2) For nuclear weapons storage security in Russia,
$48,672,000.
(3) For nuclear weapons transportation security in
Russia, $26,300,000.
(4) For weapons of mass destruction proliferation
prevention in the states of the former Soviet Union,
$40,030,000.
(5) For chemical weapons destruction in Russia,
$158,400,000.
(6) For biological weapons proliferation prevention
in the former Soviet Union, $54,959,000.
(7) For defense and military contacts, $8,000,000.
(8) For activities designated as Other Assessments/
Administrative Support, $14,317,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2005 Cooperative Threat Reduction
funds may be obligated or expended for a purpose other than a
purpose listed in paragraphs (1) through (8) of subsection (a)
until 30 days after the date that the Secretary of Defense
submits to Congress a report on the purpose for which the funds
will be obligated or expended and the amount of funds to be
obligated or expended. Nothing in the preceding sentence shall
be construed as authorizing the obligation or expenditure of
fiscal year 2005 Cooperative Threat Reduction funds for a
purpose for which the obligation or expenditure of such funds
is specifically prohibited under this title or any other
provision of law.
(c) Limited Authority to Vary Individual Amounts.--(1)
Subject to paragraphs (2) and (3), in any case in which the
Secretary of Defense determines that it is necessary to do so
in the national interest, the Secretary may obligate amounts
appropriated for fiscal year 2005 for a purpose listed in any
of the paragraphs in subsection (a) in excess of the specific
amount authorized for that purpose.
(2) An obligation of funds for a purpose stated in any of
the paragraphs in subsection (a) in excess of the specific
amount authorized for such purpose may be made using the
authority provided in paragraph (1) only after--
(A) the Secretary submits to Congress notification of
the intent to do so together with a complete discussion
of the justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
(3) The Secretary may not, under the authority provided in
paragraph (1), obligate amounts for a purpose stated in any of
paragraphs (5) through (8) of subsection (a) in excess of 125
percent of the specific amount authorized for such purpose.
SEC. 1303.\2\ * * * [REPEALED--2008]
SEC. 1304. INCLUSION OF DESCRIPTIVE SUMMARIES IN ANNUAL COOPERATIVE
THREAT REDUCTION REPORTS AND BUDGET JUSTIFICATION
MATERIALS.
Section 1307 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112
Stat. 2165; 22 U.S.C. 5952 note) is amended-- * * *
---------------------------------------------------------------------------
\2\ Sec. 1304(a)(4) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 413) repealed sec.
1303. It provided temporary authority to waive a limitation on funding
for chemical weapons destruction contained in sec. 1305 of Public Law
106-65, which sec. 1304(a)(3) of Public 110-181 repealed.
Sec. 1303 of the John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2432) had made earlier
amendments to this section.
---------------------------------------------------------------------------
* * * * * * *
h. Cooperative Threat Reduction, Fiscal Year 2004
Partial text of Public Law 108-136 [National Defense Authorization Act
for Fiscal Year 2004; H.R. 1588], 117 Stat. 1392, approved November 23,
2003; as amended by Public Law 110-53 [Implementing Recommendations of
the 9/11 Commission Act of 2007; H.R. 1], 121 Stat. 266, approved
August 3, 2007; and Public Law 110-181 [National Defense Authorization
Act for Fiscal Year 2008; H.R. 4986], 122 Stat. 3, approved January 28,
2008
AN ACT To authorize appropriations for fiscal year 2004 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.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``National
Defense Authorization Act for Fiscal Year 2004''.
* * * * * * *
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 2004 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for expenses, not
otherwise provided for, for operation and maintenance, in
amounts as follows:
(1)-(18) * * *
(19) For Cooperative Threat Reduction programs,
$450,800,000.\1\
---------------------------------------------------------------------------
\1\ Title II of the Department of Defense Appropriations Act, 2004
(Public Law 108-87; 117 Stat. 1061) provides the following:
---------------------------------------------------------------------------
``Former Soviet Union Threat Reduction
---------------------------------------------------------------------------
``For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure transportation and
storage of nuclear, chemical and other weapons; for establishing
programs to prevent the proliferation of weapons, weapons components,
and weapon-related technology and expertise; for programs relating to
the training and support of defense and military personnel for
demilitarization and protection of weapons, weapons components and
weapons technology and expertise, and for defense and military
contacts, $450,800,000, to remain available until September 30, 2006:
Provided, That of the amounts provided under this heading, $10,000,000
shall be available only to support the dismantling and disposal of
nuclear submarines, submarine reactor components, and warheads in the
Russian Far East.''.
---------------------------------------------------------------------------
(20) * * *
* * * * * * *
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Limitation on use of funds until certain permits obtained.
Sec. 1304. Limitation on use of funds for biological research in the
former Soviet Union.
Sec. 1305. Requirement for on-site managers.
Sec. 1306. Temporary authority to waive limitation on funding for
chemical weapons destruction facility in Russia.
Sec. 1307. Annual certifications on use of facilities being constructed
for Cooperative Threat Reduction projects or activities.
Sec. 1308. Authority to use Cooperative Threat Reduction funds outside
the former Soviet Union.
SEC. 1301.\2\ SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS
AND FUNDS.
(a) Specification of CTR Programs.--For purposes of section
301 and other provisions of this Act, Cooperative Threat
Reduction programs are the programs specified in section
1501(b) of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362
note).
---------------------------------------------------------------------------
\2\ 22 U.S.C. 5960 note.
---------------------------------------------------------------------------
(b) Fiscal Year 2004 Cooperative Threat Reduction Funds
Defined.--As used in this title, the term ``fiscal year 2004
Cooperative Threat Reduction funds'' means the funds
appropriated pursuant to the authorization of appropriations in
section 301 for Cooperative Threat Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to
the authorization of appropriations in section 301 for
Cooperative Threat Reduction programs shall be available for
obligation for three fiscal years.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $450,800,000
authorized to be appropriated to the Department of Defense for
fiscal year 2004 in section 301(19) for Cooperative Threat
Reduction programs, the following amounts may be obligated for
the purposes specified:
(1) For strategic offensive arms elimination in
Russia, $57,600,000.
(2) For strategic nuclear arms elimination in
Ukraine, $3,900,000.
(3) For nuclear weapons transportation security in
Russia, $23,200,000.
(4) For nuclear weapons storage security in Russia,
$48,000,000.
(5) For activities designated as Other Assessments/
Administrative Support, $13,100,000.
(6) For defense and military contacts, $11,100,000.
(7) For chemical weapons destruction in Russia,
$200,300,000.
(8) For biological weapons proliferation prevention
in the former Soviet Union, $54,200,000.
(9) For weapons of mass destruction proliferation
prevention in the states of the former Soviet Union,
$39,400,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2004 Cooperative Threat Reduction
funds may be obligated or expended for a purpose other than a
purpose listed in paragraphs (1) through (9) of subsection (a)
until 30 days after the date that the Secretary of Defense
submits to Congress a report on the purpose for which the funds
will be obligated or expended and the amount of funds to be
obligated or expended. Nothing in the preceding sentence shall
be construed as authorizing the obligation or expenditure of
fiscal year 2004 Cooperative Threat Reduction funds for a
purpose for which the obligation or expenditure of such funds
is specifically prohibited under this title or any other
provision of law.
(c) Limited Authority to Vary Individual Amounts.--(1)
Subject to paragraphs (2) and (3), in any case in which the
Secretary of Defense determines that it is necessary to do so
in the national interest, the Secretary may obligate amounts
appropriated for fiscal year 2004 for a purpose listed in any
of the paragraphs in subsection (a) in excess of the specific
amount authorized for that purpose.
(2) An obligation of funds for a purpose stated in any of
the paragraphs in subsection (a) in excess of the specific
amount authorized for such purpose may be made using the
authority provided in paragraph (1) only after--
(A) the Secretary submits to Congress notification of
the intent to do so together with a complete discussion
of the justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
(3) The Secretary may not, under the authority provided in
paragraph (1), obligate amounts for a purpose stated in any of
paragraphs (5) through (8) of subsection (a) in excess of 125
percent of the specific amount authorized for such purpose.
SEC. 1303.\3\ LIMITATION ON USE OF FUNDS UNTIL CERTAIN PERMITS
OBTAINED.
(a) In General.--The Secretary of Defense shall seek to
obtain all the permits required to complete each phase of
construction of a project under Cooperative Threat Reduction
programs before obligating significant amounts of funding for
that phase of the project.
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\3\ 22 U.S.C. 5960.
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(b) Use of Funds for New Construction Projects.--Except as
provided in subsection (e), with respect to a new construction
project to be carried out by the Department of Defense under
Cooperative Threat Reduction programs, not more than 40 percent
of the total costs of the project may be obligated from
Cooperative Threat Reduction funds for any fiscal year until
the Secretary of Defense--
(1) determines the number and type of permits that
may be required for the lifetime of the project in the
proposed location or locations of the project; and
(2) obtains from the State in which the project is to
be located any permits that may be required to begin
construction.
(c) Identification of Required Permits for Ongoing
Incomplete Construction Projects.--With respect to an
incomplete construction project carried out by the Department
of Defense under Cooperative Threat Reduction programs, the
Secretary shall identify all the permits that are required for
the lifetime of the project not later than 120 days after the
date of the enactment of this Act.
(d) Use of Funds for Certain Incomplete Construction
Projects.--Except as provided in subsection (e), with respect
to an incomplete construction project carried out by the
Department of Defense under Cooperative Threat Reduction
programs for which construction has not yet commenced as of the
date of the enactment of this Act, not more than 40 percent of
the total costs of the project may be obligated from
Cooperative Threat Reduction funds for any fiscal year until
the Secretary obtains from the State in which the project is
located the permits required to commence construction on the
project.
(e) Exception to Limitations on Use of Funds.--The
limitation in subsection (b) or (d) on the obligation of funds
for a construction project otherwise covered by such subsection
shall not apply with respect to the obligation of funds for a
particular project if the Secretary--
(1) determines that it is necessary in the national
interest to obligate funds for such project; and
(2) submits to the congressional defense committees a
notification of the intent to obligate funds for such
project, together with a complete discussion of the
justification for doing so.
(f) Definitions.--In this section, with respect to a
project under Cooperative Threat Reduction programs:
(1) Incomplete construction project.--The term
``incomplete construction project'' means a
construction project for which funds have been
obligated or expended before the date of the enactment
of this Act and which is not completed as of such date.
(2) New construction project.--The term ``new
construction project'' means a construction project for
which no funds have been obligated or expended as of
the date of the enactment of this Act.
(3) Permit.--The term ``permit'' means any local or
national permit for development, general construction,
environmental, land use, or other purposes that is
required for purposes of major construction in a state
of the former Soviet Union in which the construction
project is being or is proposed to be carried out.
SEC. 1304. LIMITATION ON USE OF FUNDS FOR BIOLOGICAL RESEARCH IN THE
FORMER SOVIET UNION.
(a) Limitation on the Use of Funds.--Except as provided in
subsection (b), none of the funds authorized to be appropriated
pursuant to section 1302 for biological weapons proliferation
prevention may be obligated to begin any collaborative
biodefense research or bioattack early warning and preparedness
project under a Cooperative Threat Reduction program at a
facility in a state of the former Soviet Union until the
Secretary of Defense notifies Congress that the Secretary--
(1) has determined, through access to the facility,
that no offensive biological weapons research
prohibited by international law is being conducted at
the facility; and
(2) has determined that appropriate security measures
have begun to be, or will be, put in place at the
facility to prevent theft of dangerous pathogens from
the facility.
(b) Availability of Funds for Determinations.--Of the funds
referred to in subsection (a) that are available for projects
referred to in that subsection, up to 25 percent of such funds
may be obligated and expended for purposes of making
determinations referred to in that subsection.
(c) Facility Defined.--In this section, the term
``facility'' means the buildings and areas at a location in
which Cooperative Threat Reduction program work is actually
being conducted.
SEC. 1305.\4\ REQUIREMENT FOR ON-SITE MANAGERS.
(a) On-Site Manager Requirement.--Before obligating any
Cooperative Threat Reduction funds for a project described in
subsection (b), the Secretary of Defense shall appoint one on-
site manager for that project. The manager shall be appointed
from among employees of the Federal Government.
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\4\ 22 U.S.C. 5961.
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(b) Projects Covered.--Subsection (a) applies to a
project--
(1) to be located in a state of the former Soviet
Union;
(2) which involves dismantlement, destruction, or
storage facilities, or construction of a facility; and
(3) with respect to which the total contribution by
the Department of Defense is expected to exceed
$50,000,000.
(c) Duties of On-Site Manager.--The on-site manager
appointed under subsection (a) shall--
(1) develop, in cooperation with representatives from
governments of countries participating in the project,
a list of those steps or activities critical to
achieving the project's disarmament or nonproliferation
goals;
(2) establish a schedule for completing those steps
or activities;
(3) meet with all participants to seek assurances
that those steps or activities are being completed on
schedule; and
(4) suspend United States participation in a project
when a non-United States participant fails to complete
a scheduled step or activity on time, unless directed
by the Secretary of Defense to resume United States
participation.
(d) Authority to Manage More Than One Project.--(1) Subject
to paragraph (2), an employee of the Federal Government may
serve as on-site manager for more than one project, including
projects at different locations.
(2) If such an employee serves as on-site manager for more
than one project in a fiscal year, the total cost of the
projects for that fiscal year may not exceed $150,000,000.
(e) Steps or Activities.--Steps or activities referred to
in subsection (c)(1) are those activities that, if not
completed, will prevent a project from achieving its
disarmament or nonproliferation goals, including, at a minimum,
the following:
(1) Identification and acquisition of permits (as
defined in section 1303).
(2) Verification that the items, substances, or
capabilities to be dismantled, secured, or otherwise
modified are available for dismantlement, securing, or
modification.
(3) Timely provision of financial, personnel,
management, transportation, and other resources.
(f) Notification to Congress.--In any case in which the
Secretary of Defense directs an on-site manager to resume
United States participation in a project under subsection
(c)(4), the Secretary shall concurrently notify Congress of
such direction.
(g) Effective Date.--This section shall take effect six
months after the date of the enactment of this Act.
SEC. 1306. TEMPORARY AUTHORITY TO WAIVE LIMITATION ON FUNDING FOR
CHEMICAL WEAPONS DESTRUCTION FACILITY IN RUSSIA.
(a) Temporary Authority.--The conditions described in
section 1305 of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 22 U.S.C. 5952 note) shall
not apply to the obligation and expenditure of funds available
for obligation during fiscal year 2004 for the planning,
design, or construction of a chemical weapons destruction
facility in Russia if the President submits to Congress a
written certification that includes--
(1) a statement as to why the waiver of the
conditions is important to the national security
interests of the United States;
(2) a full and complete justification for the waiver
of the conditions; and
(3) a plan to promote a full and accurate disclosure
by Russia regarding the size, content, status, and
location of its chemical weapons stockpile.
(b) Expiration.--The authority in subsection (a) shall
expire on September 30, 2004.
SEC. 1307.\5\ ANNUAL CERTIFICATIONS ON USE OF FACILITIES BEING
CONSTRUCTED FOR COOPERATIVE THREAT REDUCTION
PROJECTS OR ACTIVITIES.
(a) Certification on Use of Facilities Being Constructed.--
Not later than the first Monday of February each year, the
Secretary of Defense shall submit to the congressional defense
committees a certification for each facility for a Cooperative
Threat Reduction project or activity for which construction
occurred during the preceding fiscal year on matters as
follows:
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\5\ 22 U.S.C. 5962.
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(1) Whether or not such facility will be used for its
intended purpose by the government of the state of the
former Soviet Union in which the facility is
constructed.
(2) Whether or not the government of such state
remains committed to the use of such facility for its
intended purpose.
(3) Whether those actions needed to ensure security
at the facility, including secure transportation of any
materials, substances, or weapons to, from, or within
the facility, have been taken.
(b) Applicability.--Subsection (a) shall apply to--
(1) any facility the construction of which commences
on or after the date of the enactment of this Act; and
(2) any facility the construction of which is ongoing
as of that date.
SEC. 1308.\6\ AUTHORITY TO USE COOPERATIVE THREAT REDUCTION FUNDS
OUTSIDE THE FORMER SOVIET UNION.
(a) \7\ Authority.--Subject to the provisions of this
section, the Secretary of Defense may \8\ obligate and expend
Cooperative Threat Reduction funds for a fiscal year, and any
Cooperative Threat Reduction funds for a fiscal year before
such fiscal year that remain available for obligation, for a
proliferation threat reduction project or activity outside the
states of the former Soviet Union if the Secretary of Defense,
with the concurrence of the Secretary of State,\8\ determines
each of the following:
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\6\ 22 U.S.C. 5963.
\7\ In a memorandum of October 20, 2004, for the Secretary of State
(69 F.R. 63917; November 3, 2004), the President certified under this
subsection that Albania was committed to the courses of action
enumerated in sec. 1203(d) of the Cooperative Threat Reduction Act of
2003, as sec. 1308(e) of this Act requires. This certification was made
in connection with a related memorandum of October 20, 2004, for the
Secretary of State (69 F.R. 63037; October 28, 2004), in which the
President made a determination under sec. 1308 of this Act that
justified the obligation and expenditure of Cooperative Threat
Reduction funds in Albania for fiscal year 2004.
\8\ Sec. 1811(4)(A)(i) of the Implementing Recommendations of the
9/11 Commission Act of 2007 (Public Law 110-53; 121 Stat. 493) struck
out ``the President may'' and inserted in lieu thereof ``the Secretary
of Defense may''. Sec. 1811(4)(A)(ii) of that Act struck out ``if the
President'' and inserted in lieu thereof ``if the Secretary of Defense,
with the concurrence of the Secretary of State,''. Subsequently, sec.
1305(1) of the National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 413) struck out ``Subject to'' and all
that followed through ``the following:'' from the text of subsec. (a),
and replaced it with exactly the same text.
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(1) That such project or activity will--
(A)(i) assist the United States in the
resolution of a critical emerging proliferation
threat; or
(ii) permit the United States to take
advantage of opportunities to achieve long-
standing nonproliferation goals; and
(B) be completed in a short period of time.
(2) That the Department of Defense is the entity of
the Federal Government that is most capable of carrying
out such project or activity.
(b) Scope of Authority.--The authority in subsection (a) to
obligate and expend funds for a project or activity includes
authority to provide equipment, goods, and services for such
project or activity utilizing such funds, but does not include
authority to provide cash directly to such project or activity.
(c) \9\ Limitation on Availability of Funds.--
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\9\ Sec. 1305(2) of Public Law 110-181 struck out the original
subsec. (c) and redesignated subsecs. (d) and (e) as subsecs. (c) and
(d), respectively. The former subsec. (c) read as follows:
``(c) Limitation on Total Amount of Obligation.--The amount that
may be obligated in a fiscal year under the authority in subsection (a)
may not exceed $50,000,000.''.
Sec. 1305(3) of Public Law 110-181 restated entirely the former
subsec. (d), newly redesignated as subsec. (c). Sec. 1811(4) of Public
Law 110-53 had previously made several changes to the former subsec.
(d). The former subsection, as amended, read as follows:
``(d) Limitation on Availability of Funds.--(1) The Secretary of
Defensejy not obligate funds for a project or activity under the
authority in subsection (a) until the Secretary of Defense, with the
concurrence of the Secretary of State, makes each determination
specified in that subsection with respect to such project or activity.
``(2) Not later than 15 days prior to obligating funds under the
authority in subsection (a) for a project or activity, the Secretary of
Defense shall notify the Committee on Armed Services and the Committee
on Foreign Affairs of the House of Representatives and the Committee on
Armed Services and the Committee on Foreign Relations of the Senate in
writing of the determinations made under paragraph (1) with respect to
such project or activity, together with--
---------------------------------------------------------------------------
``(A) a justification for such determinations; and
``(B) a description of the scope and duration of such project or
activity.''.
(1) The Secretary of Defense may not obligate funds
for a project or activity under the authority in
subsection (a) of this section until the Secretary of
Defense, with the concurrence of the Secretary of
State, makes each determination specified in that
subsection with respect to such project or activity.
(2) Not later than 10 days after obligating funds
under the authority in subsection (a) of this section
for a project or activity, the Secretary of Defense and
the Secretary of State shall notify Congress in writing
of the determinations made under paragraph (1) with
respect to such project or activity, together with--
(A) a justification for such determinations;
and
(B) a description of the scope and duration
of such project or activity.
(3) In the case of a situation that threatens human
life or safety or where a delay would severely
undermine the national security of the United States,
notification under paragraph (2) shall be made not
later than 10 days after obligating funds under the
authority in subsection (a) for a project or activity.
(d) \9\ Additional Limitations and Requirements.--Except as
otherwise provided in subsections (a) and (b), the exercise of
the authority in subsection (a) shall be subject to any
requirement or limitation under another provision of law as
follows:
(1) Any requirement for prior notice or other reports
to Congress on the use of Cooperative Threat Reduction
funds or on Cooperative Threat Reduction projects or
activities.
(2) Any limitation on the obligation or expenditure
of Cooperative Threat Reduction funds.
(3) Any limitation on Cooperative Threat Reduction
projects or activities.
* * * * * * *
TITLE XXXVI--NUCLEAR SECURITY INITIATIVE
* * * * * * *
SEC. 3601.\10\ SHORT TITLE.
This title may be cited as the ``Nuclear Security
Initiative Act of 2003''.
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\10\ 22 U.S.C. 5951 note.
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Subtitle A--Administration and Oversight of Threat Reduction and
Nonproliferation Programs
SEC. 3611. MANAGEMENT ASSESSMENT OF DEPARTMENT OF DEFENSE AND
DEPARTMENT OF ENERGY THREAT REDUCTION AND
NONPROLIFERATION PROGRAMS.
(a) GAO Assessment Required.--The Comptroller General shall
carry out an assessment of the management of the threat
reduction and nonproliferation programs of the Department of
Defense and the Department of Energy. The matters assessed
shall include--
(1) the effectiveness of the overall strategy used
for managing such programs;
(2) the basis used to allocate the missions of such
programs among the executive departments and agencies;
(3) the criteria used to assess the effectiveness of
such programs;
(4) the strategy and process used to establish
priorities for activities carried out under such
programs, including the analysis of risks and benefits
used in determining how best to allocate the funds made
available for such programs;
(5) the mechanisms used to coordinate the activities
carried out under such programs by the executive
departments and agencies so as to ensure efficient
execution and avoid duplication of effort; and
(6) the management controls used in carrying out such
programs and the effect of such controls on the
execution of such programs.
(b) Considerations.--In carrying out the assessment
required by subsection (a), the Comptroller General shall take
into account--
(1) the national security interests of the United
States; and
(2) the need for accountability in expenditure of
funds by the United States.
(c) Report--Not later than May 1, 2004, the Comptroller
General shall submit a report on the assessment required by
subsection (a) to the Committee on Armed Services of the House
of Representatives and the Committee on Armed Services of the
Senate.
(d) Definitions.--In this section:
(1) The term ``threat reduction and nonproliferation
programs of the Department of Defense and the
Department of Energy'' means--
(A) the programs specified in section 1501(b)
of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat.
2731; 50 U.S.C. 2362 note); and
(B) any programs for which funds are made
available under the defense nuclear
nonproliferation account of the Department of
Energy.
(2) The term ``management controls'' means any
accounting, oversight, or other measure intended to
ensure that programs are executed consistent with--
(A) programmatic objectives as stated in
budget justification materials submitted to
Congress (as submitted with the budget of the
President under section 1105(a) of title 31,
United States Code); and
(B) any restrictions related to such
objectives as are imposed by law.
* * * * * * *
i. Cooperative Threat Reduction, Fiscal Year 2003
Partial text of Public Law 107-314 [Bob Stump National Defense
Authorization Act for Fiscal Year 2003; H.R. 4546], 116 Stat. 2458,
approved December 2, 2002; as amended by Public Law 109-163 [National
Defense Authorization Act for Fiscal Year 2006; H.R. 1815], 119 Stat.
3136, approved January 6, 2006
AN ACT To authorize appropriations for fiscal year 2003 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.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Bob Stump
National Defense Authorization Act for Fiscal Year 2003''.
(b) Findings. * * *
* * * * * * *
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
* * * * * * *
TITLE III--OPERATION AND MAINTENANCE
* * * * * * *
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 2003 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for expenses, not
otherwise provided for, for operation and maintenance, in
amounts as follows:
(1)-(22) * * *
(23) For Cooperative Threat Reduction programs,
$416,700,000.\1\
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\1\ Title II of the Department of Defense Appropriations Act, 2003
(Public Law 107-248; 116 Stat. 1526) provided the following:
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``Former Soviet Union Threat Reduction
---------------------------------------------------------------------------
``For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure transportation and
storage of nuclear, chemical and other weapons; for establishing
programs to prevent the proliferation of weapons, weapons components,
and weapon-related technology and expertise; for programs relating to
the training and support of defense and military personnel for
demilitarization and protection of weapons, weapons components and
weapons technology and expertise, and for defense and military
contacts, $416,700,000, to remain available until September 30, 2005:
Provided, That of the amounts provided under this heading, $10,000,000
shall be available only to support the dismantling and disposal of
nuclear submarines and submarine reactor components in the Russian Far
East.''.
Title VIII of the Department of Defense Appropriations Act, 2005
(Public Law 108-287; 118 Stat. 981) provided a partial rescission of
previous appropriations:
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``(rescissions)
---------------------------------------------------------------------------
``Sec. 8049. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts:
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``* * *
`` `Former Soviet Union Threat Reduction, 2003/2005', $50,000,000;
``* * *''.
(24)-(25) * * *
* * * * * * *
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Prohibition against use of funds until submission of reports.
Sec. 1304. Report on use of revenue generated by activities carried out
under Cooperative Threat Reduction programs.
Sec. 1305. Prohibition against use of funds for second wing of fissile
material storage facility.
Sec. 1306. Limited waiver of restrictions on use of funds for threat
reduction in states of the former Soviet Union.
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
FUNDS.
(a) \2\ Specification of CTR Programs.--For purposes of
section 301 and other provisions of this Act, Cooperative
Threat Reduction programs are the programs specified in section
1501(b) of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362
note).
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\2\ 22 U.S.C. 5952 note.
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(b) Fiscal Year 2003 Cooperative Threat Reduction Funds
Defined.--As used in this title, the term ``fiscal year 2003
Cooperative Threat Reduction funds'' means the funds
appropriated pursuant to the authorization of appropriations in
section 301 for Cooperative Threat Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to
the authorization of appropriations in section 301 for
Cooperative Threat Reduction programs shall be available for
obligation for three fiscal years.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $416,700,000
authorized to be appropriated to the Department of Defense for
fiscal year 2003 in section 301(23) for Cooperative Threat
Reduction programs, the following amounts may be obligated for
the purposes specified:
(1) For strategic offensive arms elimination in
Russia, $70,500,000.
(2) For strategic nuclear arms elimination in
Ukraine, $6,500,000.
(3) For nuclear weapons transportation security in
Russia, $19,700,000.
(4) For nuclear weapons storage security in Russia,
$40,000,000.
(5) For activities designated as Other Assessments/
Administrative Support, $14,700,000.
(6) For defense and military contacts, $18,900,000.
(7) For weapons of mass destruction infrastructure
elimination activities in Kazakhstan, $9,000,000.
(8) For weapons of mass destruction infrastructure
elimination activities in Ukraine, $8,800,000.
(9) For chemical weapons destruction in Russia,
$50,000,000.
(10) For biological weapons proliferation prevention
in the former Soviet Union, $55,000,000.
(11) For weapons of mass destruction proliferation
prevention in the States of the former Soviet Union,
$40,000,000.
(b) Additional Funds Authorized for Certain Purposes.--Of
the funds authorized to be appropriated to the Department of
Defense for fiscal year 2003 in section 301(23) for Cooperative
Threat Reduction programs, $83,600,000 may be obligated for any
of the purposes specified in paragraphs (1) through (4) and (9)
of subsection (a) in addition to the amounts specifically
authorized in such paragraphs.
(c) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2003 Cooperative Threat Reduction
funds may be obligated or expended for a purpose other than a
purpose listed in paragraphs (1) through (11) of subsection (a)
until 30 days after the date that the Secretary of Defense
submits to Congress a report on the purpose for which the funds
will be obligated or expended and the amount of funds to be
obligated or expended. Nothing in the preceding sentence shall
be construed as authorizing the obligation or expenditure of
fiscal year 2003 Cooperative Threat Reduction funds for a
purpose for which the obligation or expenditure of such funds
is specifically prohibited under this title or any other
provision of law.
(d) Limited Authority to Vary Individual Amounts.--(1)
Subject to paragraphs (2) and (3), in any case in which the
Secretary of Defense determines that it is necessary to do so
in the national interest, the Secretary may obligate amounts
appropriated for fiscal year 2003 for a purpose listed in any
of the paragraphs in subsection (a) in excess of the specific
amount authorized for that purpose.
(2) An obligation of funds for a purpose stated in any of
the paragraphs in subsection (a) in excess of the specific
amount authorized for such purpose may be made using the
authority provided in paragraph (1) only after--
(A) the Secretary submits to Congress notification of
the intent to do so together with a complete discussion
of the justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
(3) The Secretary may not, under the authority provided in
paragraph (1), obligate amounts for a purpose stated in any of
paragraphs (5) through (10) of subsection (a) in excess of 125
percent of the specific amount authorized for such purpose.
(4) In this section, the term ``specific amount
authorized'' means, with respect to a purpose listed in any
paragraph in subsection (a)--
(A) the amount specifically authorized for that
purpose in subsection (a), plus
(B) in the case of a purpose listed in paragraph (1),
(2), (3), (4), or (9) of subsection (a), any amount
obligated under subsection (b) for that purpose.
SEC. 1303. PROHIBITION AGAINST USE OF FUNDS UNTIL SUBMISSION OF
REPORTS.
Not more than 50 percent of fiscal year 2003 Cooperative
Threat Reduction funds may be obligated or expended until 30
days after the date of the submission of--
(1) the report required to be submitted in fiscal
year 2002 under section 1308(a) of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001
(as enacted into law by Public Law 106-398; 114 Stat.
1654A-341); and
(2) the update for the multiyear plan required to be
submitted for fiscal year 2001 under section 1205 of
the National Defense Authorization Act for Fiscal Year
1995 (Public Law 103-337; 22 U.S.C. 5952 note).
SEC. 1304. REPORT ON USE OF REVENUE GENERATED BY ACTIVITIES CARRIED OUT
UNDER COOPERATIVE THREAT REDUCTION PROGRAMS.
(a) Additional Report Requirements.--Section 1308(c) of the
Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001 (as enacted into law by Public Law 106-398; 114 Stat.
1654A-341) is amended * * *
(b) * * *
SEC. 1305.\3\ PROHIBITION AGAINST USE OF FUNDS FOR SECOND WING OF
FISSILE MATERIAL STORAGE FACILITY.
No funds authorized to be appropriated for Cooperative
Threat Reduction programs for any fiscal year may be used for
the design, planning, or construction of a second wing for a
storage facility for Russian fissile material.
---------------------------------------------------------------------------
\3\ 22 U.S.C. 5952 note.
---------------------------------------------------------------------------
SEC. 1306.\3\,\4\ LIMITED WAIVER OF RESTRICTIONS ON USE OF
FUNDS FOR THREAT REDUCTION IN STATES OF THE FORMER
SOVIET UNION.
(a) \5\ Authority to Waive Restrictions and Eligibility
Requirements.--If the President submits the certification and
report described in subsection (b) with respect to an
independent state of the former Soviet Union for a fiscal
year--
---------------------------------------------------------------------------
\4\ In a memorandum for the Secretary of State dated December 15,
2005 (71 F.R. 1467; January 9, 2006), the President assigned the
functions granted to the President under sec. 1306 to the Secretary of
State.
\5\ In a memorandum dated May 26, 2006 (71 F.R. 36435; June 26,
2006), the President delegated to the Secretary of State the
President's functions under sec. 1306(a) and (b) as they relate to sec.
1308(d) of the National Defense Authorization Act for Fiscal Year 1994,
as amended (Public Law 103-160; 22 U.S.C. 5963(d)). Sec. 1308(d) deals
with certain limitations on the use of Cooperative Threat Reduction
funds outside the former Soviet Union.
---------------------------------------------------------------------------
(1) the restrictions in subsection (d) of section
1203 of the Cooperative Threat Reduction Act of 1993
(22 U.S.C. 5952) shall cease to apply, and funds may be
obligated and expended under that section for
assistance, to that state during that fiscal year; and
(2) funds may be obligated and expended during that
fiscal year under section 502 of the FREEDOM Support
Act (22 U.S.C. 5852) for assistance or other programs
and activitiesfor that state even if that state has not
met one or more of the requirements for eligibility
under paragraphs (1) through (4) of that section.
(b) \5\,\6\ Certification and Report.--(1) The
certification and report referred to in subsection (a) are a
written certification submitted by the President to Congress
that the waiver of the restrictions and requirements described
in paragraphs (1) and (2) of that subsection during such fiscal
year is important to the national security interests of the
United States, together with a report containing the following:
---------------------------------------------------------------------------
\6\ In memoranda dated January 10, 2003 (68 F.R. 2419; January 17,
2003), November 7, 2003 (68 F.R. 65383; November 20, 2003), and
December 6, 2004 (69 F.R. 74933; December 14, 2004) for the Secretary
of State, the President certified under sec. 1306 of this Act that a
waiver of the requirements of sec. 1203(d) of the Cooperative Threat
Reduction Act of 2003 (22 U.S.C. 5952(d)) and sec. 502 of the FREEDOM
Support Act (22 U.S.C. 5852) with regard to the Russian Federation for
fiscal years 2003, 2004, and 2005 was justified. In memoranda dated
December 30, 2003 (69 F.R. 2479; January 16, 2004), and December 14,
2004 (70 F.R. 1; January 3, 2005), for the Secretary of State, the
President made the same certification with regard to the Republic of
Uzbekistan for fiscal years 2004 and 2005.
---------------------------------------------------------------------------
(A) A description of the activity or activities that
prevent the President from certifying that the state is
committed to the matters set forth in the provisions of
law specified in paragraphs (1) and (2) of subsection
(a) in such fiscal year.
(B) An explanation of why the waiver is important to
the national security interests of the United States.
(C) A description of the strategy, plan, or policy of
the President for promoting the commitment of the state
to, and compliance by the state with, such matters,
notwithstanding the waiver.
(2) The matter included in the report under paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
(c) \7\ Administration of Restrictions on Assistance.--
Subsection (d) of section 1203 of the Cooperative Threat
Reduction Act of 1993 (title XII of Public Law 103-160; 107
Stat. 1778; 22 U.S.C. 5952) is amended-- * * *
---------------------------------------------------------------------------
\7\ Sec. 1303 of the National Defense Authorization Act for Fiscal
Year 2006 (Public Law 109-163; 119 Stat. 3136) struck out subsecs. (c)
and (d) of this section and redesignated subsec. (e) as subsec. (c).
Subsecs. (c) and (d) read as follows:
---------------------------------------------------------------------------
``(c) Fiscal Years Covered.--The authority under subsection (a) shall
apply only with respect to fiscal years 2003, 2004, and 2005.
``(d) Expiration of Authority.--The authority under subsection (a) shall
expire on September 30, 2005.''.
* * * * * * *
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
* * * * * * *
Subtitle C--Proliferation Matters
SEC. 3151.\4\ TRANSFER TO NATIONAL NUCLEAR SECURITY ADMINISTRATION OF
DEPARTMENT OF DEFENSE'S COOPERATIVE THREAT
REDUCTION PROGRAM RELATING TO ELIMINATION OF
WEAPONS GRADE PLUTONIUM PRODUCTION IN RUSSIA.
(a) Transfer of Program.--There are hereby transferred to
the Administrator for Nuclear Security the following:
(1) The program, within the Cooperative Threat
Reduction program of the Department of Defense,
relating to the elimination of weapons grade plutonium
production in Russia.
(2) All functions, powers, duties, and activities of
that program performed before the date of the enactment
of this Act by the Department of Defense.
(b) Transfer of Assets.--(1) Notwithstanding any
restriction or limitation in law on the availability of
Cooperative Threat Reduction funds specified in paragraph (2),
so much of the property, records, and unexpended balances of
appropriations, allocations, and other funds employed, used,
held, available, or to be made available in connection with the
program transferred by subsection (a) are transferred to the
Administrator for use in connection with the program
transferred.
(2) The Cooperative Threat Reduction funds specified in
this paragraph are the following:
(A) Fiscal year 2002 Cooperative Threat Reduction
funds, as specified in section 1301(b) of the National
Defense Authorization Act for Fiscal Year 2002 (Public
Law 107-107; 115 Stat. 1254; 22 U.S.C. 5952 note).
(B) Fiscal year 2001 Cooperative Threat Reduction
funds, as specified in section 1301(b) of the Floyd D.
Spence National Defense Authorization Act for Fiscal
Year 2001 (as enacted into law by Public Law 106-398;
114 Stat. 1654A-339; 22 U.S.C. 5959 note).
(C) Fiscal year 2000 Cooperative Threat Reduction
funds, as specified in section 1301(b) of the National
Defense Authorization Act for Fiscal Year 2000 (Public
Law 106-65; 113 Stat. 792; 22 U.S.C. 5952 note).
(c) Availability of Transferred Funds.--(1) Notwithstanding
any restriction or limitation in law on the availability of
Cooperative Threat Reduction funds specified in subsection
(b)(2), the Cooperative Threat Reduction funds transferred
under subsection (b) for the program referred to in subsection
(a) shall be available for activities as follows:
(A) To design and construct, refurbish, or both,
fossil fuel energy plants in Russia that provide
alternative sources of energy to the energy plants in
Russia that produce weapons grade plutonium.
(B) To carry out limited safety upgrades of not more
than three energy plants in Russia that produce weapons
grade plutonium, provided that such upgrades do not
extend the life of those plants.
(2) Amounts available under paragraph (1) for activities
referred to in that paragraph shall remain available for
obligation for three fiscal years.
(d) Limitation.--(1) Of the amounts authorized to be
appropriated by this title or any other Act for the program
referred to in subsection (a), the Administrator for Nuclear
Security may not obligate any funds for construction, or
obligate or expend more than $100,000,000 for that program,
until 30 days after the later of--
(A) the date on which the Administrator submits to
the congressional defense committees, the Committee on
International Relations of the House of
Representatives, and the Committee on Foreign Relations
of the Senate, a copy of an agreement or agreements
entered into between the United States Government and
the Government of the Russian Federation to shut down
the three plutonium-producing reactors in Russia as
specified under paragraph (2); and
(B) the date on which the Administrator submits to
the committees specified in subparagraph (A) a report
on a plan to achieve international participation in the
program referred to in subsection (a), including cost
sharing.
(2) The agreement (or agreements) under paragraph (1)(A)
shall contain--
(A) a commitment to shut down the three plutonium-
producing reactors;
(B) the date on which each such reactor will be shut
down;
(C) a schedule and milestones for each such reactor
to complete the shutdown of such reactor by the date
specified under subparagraph (B);
(D) a schedule and milestones for refurbishment or
construction of fossil fuel energy plants to be
undertaken by the Government of the Russian Federation
in support of the program;
(E) an arrangement for access to sites and facilities
necessary to meet such schedules and milestones;
(F) an arrangement for audit and examination
procedures in order to evaluate progress in meeting
such schedules and milestones; and
(G) any cost sharing arrangements between the United
States Government and the Government of the Russian
Federation in undertaking activities under such
agreement (or agreements).
(e) \8\ International Participation in Program.--(1) In
order to achieve international participation in the program
referred to in subsection (a), the Secretary of Energy may, in
consultation with the Secretary of State, enter into one or
more agreements with any person, foreign government, or other
international organization that the Secretary considers
appropriate for the contribution of funds by such person,
government, or organization for purposes of the program.
---------------------------------------------------------------------------
\8\ Sec. 3135 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
2170) added subsec. (e).
---------------------------------------------------------------------------
(2) Notwithstanding section 3302 of title 31, United States
Code, and subject to paragraphs (3) and (4), the Secretary may
retain and utilize any amounts contributed by a person,
government, or organization under an agreement under paragraph
(1) for purposes of the program without further appropriation
and without fiscal year limitation.
(3) The Secretary may not utilize under paragraph (2) any
amount contributed under an agreement under paragraph (1) until
30 days after the date on which the Secretary notifies the
congressional defense committees of the intent to utilize such
amount, including the source of such amount and the proposed
purpose for which such amount will be utilized.
(4) If any amount contributed under paragraph (1) has not
been utilized within five years of receipt under that
paragraph, the Secretary shall return such amount to the
person, government, or organization contributing such amount
under that paragraph.
(5) Not later than 30 days after the receipt of any amount
contributed under paragraph (1), the Secretary shall submit to
the congressional defense committees a notice of the receipt of
such amount.
(6) Not later than October 31 each year, the Secretary
shall submit to the congressional defense committees a report
on the receipt and utilization of amounts under this subsection
during the preceding fiscal year. Each report for a fiscal year
shall set forth--
(A) a statement of any amounts received under this
subsection, including the source of each such amount;
and
(B) a statement of any amounts utilized under this
subsection, including the purpose for which such
amounts were utilized.
(7) The authority of the Secretary to accept and utilize
amounts under this subsection shall expire on December 31,
2011.
* * * * * * *
j. Cooperative Threat Reduction, Fiscal Year 2002
Partial text of Public Law 107-107 [National Defense Authorization Act
for Fiscal Year 2002; S. 1438], 115 Stat. 1012, approved December 28,
2001
AN ACT To authorize appropriations for fiscal year 2002 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.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 2002''.
* * * * * * *
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
(a) Funds are hereby authorized to be appropriated for
fiscal year 2002 for the useof the Armed Forces and other
activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for operation and
maintenance, in amounts as follows:
(1)-(22) * * *
(23) For Cooperative Threat Reduction programs,
$403,000,000.\1\
---------------------------------------------------------------------------
\1\ Title IX of the Department of Defense Appropriations Act, 2002
(Division A of the Department of Defense and Emergency Supplemental
Appropriations for Recovery from and Response to Terrorist Attacks on
the United States Act, 2002; Public Law 107-117; 115 Stat. 2289)
provided:
---------------------------------------------------------------------------
``Former Soviet Union Threat Reduction
---------------------------------------------------------------------------
``For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure transportation and
storage of nuclear, chemical and other weapons; for establishing
programs to prevent the proliferation of weapons, weapons components,
and weapon-related technology and expertise; for programs relating to
the training and support of defense and military personnel for
demilitarization and protection of weapons, weapons components and
weapons technology and expertise, and for defense and military
contacts, $403,000,000, to remain available until September 30, 2004:
Provided, That of the amounts provided under this heading, $12,750,000
shall be available only to support the dismantling and disposal of
nuclear submarines and submarine reactor components in the Russian Far
East.
``* * *''.
Sec. 8054 of Division A of Public Law 107-117 (115 Stat. 2259)
provided a rescission as follows:
---------------------------------------------------------------------------
``(rescissions)
---------------------------------------------------------------------------
``Sec. 8054. Of the funds provided in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts:
---------------------------------------------------------------------------
`` `Former Soviet Union Threat Reduction, 2000/2002', $32,000,000;
``* * *''.
---------------------------------------------------------------------------
Chapter 3 of the Emergency Supplemental Act, 2002 (Division B of
Public Law 107-117; 115 Stat. 2299) further provided the following:
---------------------------------------------------------------------------
``Defense Emergency Response Fund
``(including transfer of funds)
---------------------------------------------------------------------------
``For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for `Defense Emergency Response
Fund', $3,395,600,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38, as follows:
---------------------------------------------------------------------------
``(1)-(6) * * *
``Provided further, That from unobligated balances under the heading
`Former Soviet Union Threat Reduction', $30,000,000 shall be transferred to
`Department of State, Nonproliferation, Anti-terrorism, Demining, and
Related Programs' only for the purpose of supporting expansion of the
Biological Weapons Redirect and International Science and Technology
Centers programs, to prevent former Soviet biological weapons experts from
emigrating to proliferant states and to reconfigure former Soviet
biological weapons production facilities for peaceful uses.''.
(24)-(25) * * *
* * * * * * *
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Limitation on use of funds until submission of reports.
Sec. 1304. Requirement to consider use of revenue generated by
activities carried out under Cooperative Threat Reduction
programs.
Sec. 1305. Prohibition against use of funds for second wing of fissile
material storage facility.
Sec. 1306. Prohibition against use of funds for certain construction
activities.
Sec. 1307. Reports on activities and assistance under Cooperative Threat
Reduction programs.
Sec. 1308. Chemical weapons destruction.
Sec. 1309. Additional matter in annual report on activities and
assistance under Cooperative Threat Reduction programs.
SEC. 1301.\2\ SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS
AND FUNDS.
(a) Specification of CTR Programs.--For purposes of section
301 and other provisions of this Act, Cooperative Threat
Reduction programs are the programs specified in section
1501(b) of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362
note).
---------------------------------------------------------------------------
\2\ 22 U.S.C. 5952 note.
---------------------------------------------------------------------------
(b) Fiscal Year 2002 Cooperative Threat Reduction Funds
Defined.--As used in this title, the term ``fiscal year 2002
Cooperative Threat Reduction funds'' means the funds
appropriated pursuant to the authorization of appropriations in
section 301 for Cooperative Threat Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to
the authorization of appropriations in section 301 for
Cooperative Threat Reduction programs shall be available for
obligation for three fiscal years.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $403,000,000
authorized to be appropriated to the Department of Defense for
fiscal year 2002 in section 301(23) for Cooperative Threat
Reduction programs, not more than the following amounts may be
obligated for the purposes specified:
(1) For strategic offensive arms elimination in
Russia, $133,405,000.
(2) For strategic nuclear arms elimination in
Ukraine, $51,500,000.
(3) For nuclear weapons transportation security in
Russia, $9,500,000.
(4) For nuclear weapons storage security in Russia,
$56,000,000.
(5) For biological weapons proliferation prevention
activities in the former Soviet Union, $17,000,000.
(6) For activities designated as Other Assessments/
Administrative Support, $13,221,000.
(7) For defense and military contacts, $18,650,000.
(8) For chemical weapons destruction in Russia,
$50,000,000.
(9) For weapons of mass destruction infrastructure
elimination activities in Kazakhstan, $6,000,000.
(10) For weapons of mass destruction infrastructure
elimination activities in Ukraine, $6,024,000.
(11) For activities to assist Russia in the
elimination of plutonium production reactors,
$41,700,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2002 Cooperative Threat Reduction
funds may be obligated or expended for a purpose other than a
purpose listed in paragraphs (1) through (11) of subsection (a)
until 30 days after the date that the Secretary of Defense
submits to Congress a report on the purpose for which the funds
will be obligated or expended and the amount of funds to be
obligated or expended. Nothing in the preceding sentence shall
be construed as authorizing the obligation or expenditure of
fiscal year 2002 Cooperative Threat Reduction funds for a
purpose for which the obligation or expenditure of such funds
is specifically prohibited under this title or any other
provision of law.
(c) Limited Authority To Vary Individual Amounts.--(1)
Subject to paragraphs (2) and (3), in any case in which the
Secretary of Defense determines that it is necessary to do so
in the national interest, the Secretary may obligate amounts
appropriated for fiscal year 2002 for a purpose listed in any
of the paragraphs in subsection (a) in excess of the amount
specifically authorized for such purpose.
(2) An obligation of funds for a purpose stated in any of
the paragraphs in subsection (a) in excess of the specific
amount authorized for such purpose may be made using the
authority provided in paragraph (1) only after--
(A) the Secretary submits to Congress notification of
the intent to do so together with a complete discussion
of the justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
(3) The Secretary may not, under the authority provided in
paragraph (1), obligate amounts for the purposes stated in
paragraph (6), (7), or (11) of subsection (a) in excess of 115
percent of the amount specifically authorized for such
purposes.
(d) Modification of Authority To Vary Individual Amounts of
FY 2001 Funds.--Section 1302(c)(3) of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106-398; 114 Stat. 1654A-340) is
amended by striking ``(4),''.
SEC. 1303. LIMITATION ON USE OF FUNDS UNTIL SUBMISSION OF REPORTS.
Not more than 50 percent of fiscal year 2002 Cooperative
Threat Reduction funds may be obligated or expended until 30
days after the date of the submission of--
(1) the report required to be submitted in fiscal
year 2001 under section 1308(a) of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001
(as enacted into law by Public Law 106-398; 114 Stat.
1654A-341); and
(2) the multiyear plan required to be submitted for
fiscal year 2001 under section 1308(h) of such Act.
SEC. 1304.\3\ REQUIREMENT TO CONSIDER USE OF REVENUE GENERATED BY
ACTIVITIES CARRIED OUT UNDER COOPERATIVE THREAT
REDUCTION PROGRAMS.
The Secretary of Defense shall consider the use of revenue
generated by activities carried out under Cooperative Threat
Reduction programs in negotiating and executing contracts with
Russia to carry out such programs.
---------------------------------------------------------------------------
\3\ 22 U.S.C. 5952 note.
---------------------------------------------------------------------------
SEC. 1305.\3\ PROHIBITION AGAINST USE OF FUNDS FOR SECOND WING OF
FISSILE MATERIAL STORAGE FACILITY.
(a) Prohibition.--No fiscal year 2002 Cooperative Threat
Reduction funds and no funds authorized to be appropriated for
Cooperative Threat Reduction programs for any prior fiscal year
may be used for the construction of a second wing for a storage
facility for Russian fissile material.
(b) Conforming Amendment.--Section 1304 of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year 2001
(as enacted into law by Public Law 106-398; 114 Stat. 1654A-
341) is amended to read as follows: * * *
SEC. 1306. PROHIBITION AGAINST USE OF FUNDS FOR CERTAIN CONSTRUCTION
ACTIVITIES.
No fiscal year 2002 Cooperative Threat Reduction funds may
be used for construction activities carried out under Russia's
program to eliminate the production of weapons grade plutonium.
SEC. 1307. REPORTS ON ACTIVITIES AND ASSISTANCE UNDER COOPERATIVE
THREAT REDUCTION PROGRAMS.
Section 1308(c)(4) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-398; 114 Stat. 1654A-342) is amended-- * * *
SEC. 1308. CHEMICAL WEAPONS DESTRUCTION.
Section 1305 of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 794; 22 U.S.C.
5952 note) is amended by inserting before the period at the end
the following: * * *
SEC. 1309. ADDITIONAL MATTER IN ANNUAL REPORT ON ACTIVITIES AND
ASSISTANCE UNDER COOPERATIVE THREAT REDUCTION
PROGRAMS.
Section 1308(c) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-398; 114 Stat. 1654A-341) (as amended by section
1308) is further amended by adding at the end of the following
new paragraph: * * *
k. Cooperative Threat Reduction, Fiscal Year 2001
Partial text of Public Law 106-398 [National Defense Authorization Act,
Fiscal Year 2001; H.R. 5408, enacted by reference in H.R. 4205], 114
Stat. 1654, approved October 30, 2000; as amended by Public Law 107-107
[National Defense Authorization Act for Fiscal Year 2002; S. 1438], 115
Stat. 1012, approved December 28, 2001; Public Law 107-314 [Bob Stump
National Defense Authorization Act for Fiscal Year 2003; H.R. 4546],
116 Stat. 2458, approved December 2, 2002; and Public Law 109-163
[National Defense Authorization Act for Fiscal Year 2006; H.R. 1815],
119 Stat. 3136, approved January 6, 2006
AN ACT To authorize appropriations for fiscal year 2001 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.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION
ACT.
The provisions of H.R. 5408 of the 106th Congress, as
introduced on October 6, 2000, are hereby enacted into law.
* * * * * * *
APPENDIX--H.R. 5408
* * * * * * *
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Floyd D.
Spence National Defense Authorization Act for Fiscal Year
2001''.
(b) * * *
* * * * * * *
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 2001 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for expenses, not
otherwise provided for, for operation and maintenance, in
amounts as follows:
(1)-(22) * * *
(23) For Cooperative Threat Reduction programs,
$443,400,000.\1\
---------------------------------------------------------------------------
\1\ Title II of the Department of Defense Appropriations Act, 2001
(Public Law 106-259; 114 Stat. 663) provided the following:
---------------------------------------------------------------------------
``Former Soviet Union Threat Reduction
---------------------------------------------------------------------------
``For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure transportation and
storage of nuclear, chemical and other weapons; for establishing
programs to prevent the proliferation of weapons, weapons components,
and weapon-related technology and expertise; for programs relating to
the training and support of defense and military personnel for
demilitarization and protection of weapons, weapons components and
weapons technology and expertise, $443,400,000, to remain available
until September 30, 2003: Provided, that of the amounts provided under
this heading, $25,000,000 shall be available only to support the
dismantling and disposal of nuclear submarines and submarine reactor
components in the Russian Far East.''.
---------------------------------------------------------------------------
(24)-(25) * * *
* * * * * * *
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Prohibition on use of funds for elimination of conventional
weapons.
Sec. 1304. Limitations on use of funds for fissile material storage
facility.
Sec. 1305. Limitation on use of funds to support warhead dismantlement
processing.
Sec. 1306. Agreement on nuclear weapons storage sites.
Sec. 1307. Limitation on use of funds for construction of fossil fuel
energy plants; report.
Sec. 1308. Reports on activities and assistance under Cooperative Threat
Reduction programs.
Sec. 1309. Russian chemical weapons elimination.
Sec. 1310. Limitation on use of funds for elimination of weapons grade
plutonium program.
Sec. 1311. Report on audits of Cooperative Threat Reduction programs.
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
FUNDS.
(a) Specification of CTR Programs.--For purposes of section
301 and other provisions of this Act, Cooperative Threat
Reduction programs are the programs specified in section
1501(b) of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362
note).
(b) Fiscal Year 2001 Cooperative Threat Reduction Funds
Defined.--As used in this title, the term ``fiscal year 2001
Cooperative Threat Reduction funds'' means the funds
appropriated pursuant to the authorization of appropriations in
section 301 for Cooperative Threat Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to
the authorization of appropriations in section 301 for
Cooperative Threat Reduction programs shall be available for
obligation for three fiscal years.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $443,400,000
authorized to be appropriated to the Department of Defense for
fiscal year 2001 in section 301(23) for Cooperative Threat
Reduction programs, not more than the following amounts may be
obligated for the purposes specified:
(1) For strategic offensive arms elimination in
Russia, $177,800,000.
(2) For strategic nuclear arms elimination in
Ukraine, $29,100,000.
(3) For activities to support warhead dismantlement
processing in Russia, $9,300,000.
(4) For weapons transportation security in Russia,
$14,000,000.
(5) For planning, design, and construction of a
storage facility for Russian fissile material,
$57,400,000.
(6) For weapons storage security in Russia,
$89,700,000.
(7) For development of a cooperative program with the
Government of Russia to eliminate the production of
weapons grade plutonium at Russian reactors,
$32,100,000.
(8) For biological weapons proliferation prevention
activities in the former Soviet Union, $12,000,000.
(9) For activities designated as Other Assessments/
Administrative Support, $13,000,000.
(10) For defense and military contacts, $9,000,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2001 Cooperative Threat Reduction
funds may be obligated or expended for a purpose other than a
purpose listed in paragraphs (1) through (10) of subsection (a)
until 30 days after the date that the Secretary of Defense
submits to Congress a report on the purpose for which the funds
will be obligated or expended and the amount of funds to be
obligated or expended. Nothing in the preceding sentence shall
be construed as authorizing the obligation or expenditure of
fiscal year 2001 Cooperative Threat Reduction funds for a
purpose for which the obligation or expenditure of such funds
is specifically prohibited under this title or any other
provision of law.
(c) Limited Authority To Vary Individual Amounts.--(1)
Subject to paragraphs (2) and (3), in any case in which the
Secretary of Defense determines that it is necessary to do so
in the national interest, the Secretary may obligate amounts
appropriated for fiscal year 2001 for a purpose listed in any
of the paragraphs in subsection (a) in excess of the amount
specifically authorized for such purpose.
(2) An obligation of funds for a purpose stated in any of
the paragraphs in subsection (a) in excess of the specific
amount authorized for such purpose may be made using the
authority provided in paragraph (1) only after--
(A) the Secretary submits to Congress notification of
the intent to do so together with a complete discussion
of the justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
(3) The Secretary may not, under the authority provided in
paragraph (1), obligate amounts for the purposes stated in any
of paragraphs \2\ (5), (7), (9), or (10) of subsection (a) in
excess of 115 percent of the amount specifically authorized for
such purposes.
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\2\ Sec. 1302(d) of the National Defense Authorization Act for
Fiscal Year 2002 (title XIII of division A of Public Law 107-107; 115
Stat. 1012) struck out ``(4),'' at this point.
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SEC. 1303. PROHIBITION ON USE OF FUNDS FOR ELIMINATION OF CONVENTIONAL
WEAPONS.
No fiscal year 2001 Cooperative Threat Reduction funds, and
no funds appropriated for Cooperative Threat Reduction programs
for any other fiscal year, may be obligated or expended for
elimination of conventional weapons or the delivery vehicles
primarily intended to deliver such weapons.
SEC. 1304.\3\ LIMITATION ON USE OF FUNDS FOR FISSILE MATERIAL STORAGE
FACILITY.
Out of funds authorized to be appropriated for Cooperative
Threat Reduction programs for fiscal year 2001 or any other
fiscal year, not more than $412,600,000 may be used for
planning, design, or construction of the first wing for the
storage facility for Russian fissile material referred to in
section 1302(a)(5) other than planning, design, or construction
to improve security at such first wing.
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\3\ 22 U.S.C. 5952 note. Sec. 1305(b) of the National Defense
Authorization Act for Fiscal Year 2002 (title XIII of division A of
Public Law 107-107; 115 Stat. 1012) replaced this section in its
entirety with a newly drafted section. The former sec. 1304 read as
follows:
---------------------------------------------------------------------------
``sec. 1304. limitations on use of funds for fissile material storage
facility.
---------------------------------------------------------------------------
``(a) Limitations.--No fiscal year 2001 Cooperative Threat
Reduction funds may be used--
---------------------------------------------------------------------------
``(1) for construction of a second wing for the storage facility for
Russian fissile material referred to in section 1302(a)(5); or
``(2) for design or planning with respect to such facility until 15 days
after the date that the Secretary of Defense submits to Congress
notification that Russia and the United States have signed a written
transparency agreement that provides for verification that material stored
at the facility is of weapons origin.
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``(b) Establishment of Funding Cap For First Wing of Storage
Facility.--Out of funds authorized to be appropriated for Cooperative
Threat Reduction programs for fiscal year 2001 or any other fiscal
year, not more than $412,600,000 may be used for planning, design, or
construction of the first wing for the storage facility for Russian
fissile material referred to in section 1302(a)(5).''.
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SEC. 1305. LIMITATION ON USE OF FUNDS TO SUPPORT WARHEAD DISMANTLEMENT
PROCESSING.
No fiscal year 2001 Cooperative Threat Reduction funds may
be used for activities to support warhead dismantlement
processing in Russia until 15 days after the date that the
Secretary of Defense submits to Congress notification that the
United States has reached an agreement with Russia, which shall
provide for appropriate transparency measures, regarding
assistance by the United States with respect to such
processing.
SEC. 1306. AGREEMENT ON NUCLEAR WEAPONS STORAGE SITES.
The Secretary of Defense shall seek to enter into an
agreement with Russia regarding procedures to allow the United
States appropriate access to nuclear weapons storage sites for
which assistance under Cooperative Threat Reduction programs is
provided.
SEC. 1307. LIMITATION ON USE OF FUNDS FOR CONSTRUCTION OF FOSSIL FUEL
ENERGY PLANTS; REPORT.
(a) In General.--No fiscal year 2001 Cooperative Threat
Reduction funds may be used for the construction of a fossil
fuel energy plant intended to provide power to local
communities that already receive power from nuclear energy
plants that produce plutonium.
(b) Report.--Not later than 60 days after the date of the
enactment of this Act, the President shall submit to Congress a
report detailing options for assisting Russia in the
development of alternative energy sources to the three
plutonium production reactors remaining in operation in Russia.
The report shall include--
(1) an assessment of the costs of building fossil
fuel plants in Russia to replace the existing plutonium
production reactors; and
(2) an identification of funding sources, other than
Cooperative Threat Reduction funds, that could possibly
be used for the construction of such plants in the
event that the option to use fossil fuel energy is
chosen as part of a plan to shut down Russia's nuclear
plutonium production reactors at Seversk and
Zelenogorsk.
SEC. 1308.\4\ REPORTS ON ACTIVITIES AND ASSISTANCE UNDER COOPERATIVE
THREAT REDUCTION PROGRAMS.
(a) Annual Report.--In any year in which the budget of the
President under section 1105 of title 31, United States Code,
for the fiscal year beginning in such year requests funds for
the Department of Defense for assistance or activities under
Cooperative Threat Reduction programs with the states of the
former Soviet Union, the Secretary of Defense shall submit to
Congress a report on activities and assistance during the
preceding fiscal year under Cooperative Threat Reduction
programs setting forth the matters in subsection (c).
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\4\ 22 U.S.C. 5959.
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(b) Deadline for Report.--The report under subsection (a)
shall be submitted not later than the first Monday in February
of a year.
(c) Matters To Be Included.--The report under subsection
(a) in a year shall set forth the following:
(1) An estimate of the total amount that will be
required to be expended by the United States in order
to achieve the objectives of the Cooperative Threat
Reduction programs.
(2) A five-year plan setting forth the amount of
funds and other resources proposed to be provided by
the United States for Cooperative Threat Reduction
programs over the term of the plan, including the
purpose for which such funds and resources will be
used, and to provide guidance for the preparation of
annual budget submissions with respect to Cooperative
Threat Reduction programs.
(3) A description of the Cooperative Threat Reduction
activities carried out during the fiscal year ending in
the year preceding the year of the report, including--
(A) the amounts notified, obligated, and
expended for such activities and the purposes
for which such amounts were notified,
obligated, and expended for such fiscal year
and cumulatively for Cooperative Threat
Reduction programs;
(B) a description of the participation, if
any, of each department and agency of the
United States Government in such activities;
(C) a description of such activities,
including the forms of assistance provided;
(D) a description of the United States
private sector participation in the portion of
such activities that were supported by the
obligation and expenditure of funds for
Cooperative Threat Reduction programs; and
(E) such other information as the Secretary
of Defense considers appropriate to inform
Congress fully of the operation of Cooperative
Threat Reduction programs and activities,
including with respect to proposed
demilitarization or conversion projects,
information on the progress toward
demilitarization of facilities and the
conversion of the demilitarized facilities to
civilian activities.
(4) A description of the means (including program
management, audits, examinations, and other means) used
\5\ by the United States during the fiscal year ending
in the year preceding the year of the report to ensure
that assistance provided under Cooperative Threat
Reduction programs is fully accounted for, that such
assistance is being used for its intended purpose, and
that such assistance is being used efficiently and
effectively \5\, including--
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\5\ Sec. 1307(1)(A) of the National Defense Authorization Act for
Fiscal Year 2002 (title XIII of division A of Public Law 107-107; 115
Stat. 1012) struck out ``audits, examinations, and other efforts, such
as on-site inspections, conducted'' and inserted in lieu thereof
``means (including program management, audits, examinations, and other
means) used'', and sec. 1307(1)(B) of that Act struck out ``and that
such assistance is being used for its intended purpose'' and inserted
in lieu thereof ``, that such assistance is being used for its intended
purpose, and that such assistance is being used efficiently and
effectively''.
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(A) if such assistance consisted of
equipment, a description of the current
location of such equipment and the current
condition of such equipment;
(B) if such assistance consisted of contracts
or other services, a description of the status
of such contracts or services and the methods
used to ensure that such contracts and services
are being used for their intended purpose;
(C) a determination whether the assistance
described in subparagraphs (A) and (B) has been
used for its intended purpose and an assessment
of whether the assistance being provided is
being used effectively and efficiently \6\; and
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\6\ Sec. 1307(2) of the National Defense Authorization Act for
Fiscal Year 2002 (title XIII of division A of Public Law 107-107; 115
Stat. 1012) inserted ``and an assessment of whether the assistance
being provided is being used effectively and efficiently''.
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(D) a description of the \7\ efforts planned
to be carried out during the fiscal year
beginning in the year of the report to ensure
that Cooperative Threat Reduction assistance
provided during such fiscal year is fully
accounted for and is used for its intended
purpose.
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\7\ Sec. 1307(3) of the National Defense Authorization Act for
Fiscal Year 2002 (title XIII of division A of Public Law 107-107; 115
Stat. 1012) struck out ``audits, examinations, and other'' at this
point.
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(5) A current description of the tactical nuclear
weapons arsenal of Russia, including--
(A) an estimate of the current types,
numbers, yields, viability, locations, and
deployment status of the nuclear warheads in
that arsenal;
(B) an assessment of the strategic relevance
of such warheads;
(C) an assessment of the current and
projected threat of theft, sale, or
unauthorized use of such warheads; and
(D) a summary of past, current, and planned
United States efforts to work cooperatively
with Russia to account for, secure, and reduce
Russia's stockpile of tactical nuclear warheads
and associated fissile materials.
(6) \8\ A description of the amount of the financial
commitment from the international community, and from
Russia, for the chemical weapons destruction facility
located at Shchuch'ye, Russia, for the fiscal year
beginning in the year in which the report is submitted.
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\8\ Sec. 1309 of the National Defense Authorization Act for Fiscal
Year 2002 (title XIII of division A of Public Law 107-107; 115 Stat.
1012) added para. (6).
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(6) \9\ To the maximum extent practicable, a
description of how revenue generated by activities
carried out under Cooperative Threat Reduction programs
in recipient States is being utilized, monitored, and
accounted for.
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\9\ Sec. 1304(a) of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (title XIII of division A of Public Law 107-
314; 116 Stat. 2458) added paras. (6) and (7). Sec. 1304(b) of that Act
(22 U.S.C. 5959 note) stated that new paras. (6) and (7) would apply
beginning with the report submitted under sec. 1308(a) in 2004.
Sec. 1309 of the National Defense Authorization Act for Fiscal Year
2002 (title XIII of division A of Public Law 107-107; 115 Stat. 1012)
had earlier added a para. (6), resulting in two paragraphs designated
``(6)''.
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(7) \9\ A description of the defense and military
activities carried out under Cooperative Threat
Reduction programs during the fiscal year ending in the
year preceding the year of the report, including--
(A) the amounts obligated or expended for
such activities;
(B) the purposes, goals, and objectives for
which such amounts were obligated and expended;
(C) a description of the activities carried
out, including the forms of assistance
provided, and the justification for each form
of assistance provided;
(D) the success of each activity, including
the goals and objectives achieved for each;
(E) a description of participation by private
sector entities in the United States in
carrying out such activities, and the
participation of any other Federal department
or agency in such activities; and
(F) any other information that the Secretary
considers relevant to provide a complete
description of the operation and success of
activities carried out under Cooperative Threat
Reduction programs.
(d) Input of DCI.--The Director of Central Intelligence
shall submit to the Secretary of Defense the views of the
Director on any matters covered by subsection (c)(5) in a
report under subsection (a). Such views shall be included in
such report as a classified annex to such report.
(f) \10\ First Report.--The first report submitted under
subsection (a) shall be submitted in 2001.
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\10\ Sec. 1305 of the National Defense Authorization Act for Fiscal
Year 2006 (Public Law 109-163; 119 Stat. 3136) struck out subsec. (e)
from this section. Subsec. (e) had read as follows:
``(e) Comptroller General Assessment.--Not later than 90 days after
the date on which a report is submitted to Congress under subsection
(a), the Comptroller General shall submit to Congress a report setting
forth the Comptroller General's assessment of the information described
in paragraphs (2) and (4) of subsection (c).''.
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(g) Repeal of Superseded Reporting Requirements.--(1) The
following provisions of law are repealed:
(A) Section 1207 of the Cooperative Threat Reduction
Act of 1994 (title XII of Public Law 103-160; 107 Stat.
1782; 22 U.S.C. 5956), relating to semiannual reports
on Cooperative Threat Reduction.
(B) Section 1203 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-
337; 108 Stat. 2882), relating to a report accounting
for United States assistance for Cooperative Threat
Reduction.
(C) Section 1206 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-
106; 22 U.S.C. 5955 note), relating to accounting for
United States assistance for Cooperative Threat
Reduction.
(D) Section 1307 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-
65; 113 Stat. 795), relating to a limitation on use of
funds for Cooperative Threat Reduction pending
submittal of a multiyear plan.
(2) Effective on the date the Secretary of Defense submits
to Congress an updated version of the multiyear plan for fiscal
year 2001 as described in subsection (h), section 1205 of the
National Defense Authorization Act for Fiscal Year 1995 (108
Stat. 2883; 10 U.S.C. 5952 note), relating to multiyear
planning and Allied support for Cooperative Threat Reduction,
is repealed.
(3) Section 1312 of the National Defense Authorization Act
for Fiscal Year 2000 (113 Stat. 796; 22 U.S.C. 5955 note),
relating to Russian nonstrategic nuclear arms, is amended--
(A) by striking ``(a) Sense of Congress.--''; and
(B) by striking subsections (b) and (c).
(h) Limitation on Use of Funds Until Submission of
Multiyear Plan.--Not more than 10 percent of fiscal year 2001
Cooperative Threat Reduction funds may be obligated or expended
until the Secretary of Defense submits to Congress an updated
version of the multiyear plan for fiscal year 2001 required to
be submitted under section 1205 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 22
U.S.C. 5952 note).
(i) Report on Russian Nonstrategic Nuclear Arms.--Not later
than 30 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to Congress a report on the
following regarding Russia's arsenal of tactical nuclear
warheads:
(1) Estimates regarding current types, numbers,
yields, viability, locations, and deployment status of
the warheads.
(2) An assessment of the strategic relevance of the
warheads.
(3) An assessment of the current and projected threat
of theft, sale, or unauthorized use of the warheads.
(4) A summary of past, current, and planned United
States efforts to work cooperatively with Russia to
account for, secure, and reduce Russia's stockpile of
tactical nuclear warheads and associated fissile
material.
SEC. 1309. RUSSIAN CHEMICAL WEAPONS ELIMINATION.
(a) Sense of Congress.--It is the sense of Congress that
the international community should, when practicable, assist
Russia in eliminating its chemical weapons stockpile in
accordance with Russia's obligations under the Chemical Weapons
Convention, and that the level of such assistance should be
based on--
(1) full and accurate disclosure by Russia of the
size of its existing chemical weapons stockpile;
(2) a demonstrated annual commitment by Russia to
allocate at least $25,000,000 to chemical weapons
elimination;
(3) development by Russia of a practical plan for
destroying its stockpile of nerve agents;
(4) enactment of a law by Russia that provides for
the elimination of all nerve agents at a single site;
and
(5) an agreement by Russia to destroy its chemical
weapons production facilities at Volgograd and
Novocheboksark.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report that identifies--
(1) the amount spent by Russia for chemical weapons
elimination during fiscal year 2000;
(2) the specific assistance being provided to Russia
by the international community for the safe storage and
elimination of Russia's stockpile of nerve agents,
including those nerve agents located at the Shchuch'ye
depot;
(3) the countries providing the assistance identified
in paragraph (2); and
(4) the value of the assistance that the
international community has already provided and has
committed to provide in future years for the purpose
described in paragraph (2).
(c) Chemical Weapons Convention Defined.--In this section,
the term ``Chemical Weapons Convention'' means the Convention
on the Prohibition of the Development, Production, Stockpiling
and Use of Chemical Weapons and on Their Destruction, opened
for signature on January 13, 1993.
SEC. 1310. LIMITATION ON USE OF FUNDS FOR ELIMINATION OF WEAPONS GRADE
PLUTONIUM PROGRAM.
Of the amounts authorized to be appropriated by this Act
for fiscal year 2001 for the Elimination of Weapons Grade
Plutonium Program, not more than 50 percent of such amounts may
be obligated or expended for the program in fiscal year 2001
until 30 days after the date on which the Secretary of Defense
submits to the Committees on Armed Services of the Senate and
House of Representatives a report on an agreement between the
United States Government and the Government of the Russian
Federation regarding a new option selected for the shut down or
conversion of the reactors of the Russian Federation that
produce weapons grade plutonium, including--
(1) the new date on which such reactors will cease
production of weapons grade plutonium under such
agreement by reason of the shut down or conversion of
such reactors; and
(2) any cost-sharing arrangements between the United
States Government and the Government of the Russian
Federation in undertaking activities under such
agreement.
SEC. 1311. REPORT ON AUDITS OF COOPERATIVE THREAT REDUCTION PROGRAMS.
Not later than March 31, 2001, the Comptroller General
shall submit to Congress a report examining the procedures and
mechanisms with respect to audits by the Department of Defense
of the use of funds for Cooperative Threat Reduction programs.
The report shall examine the following:
(1) Whether the audits being conducted by the
Department of Defense are producing necessary
information regarding whether assistance under such
programs, including equipment provided and services
furnished, is being used as intended.
(2) Whether the audit procedures of the Department of
Defense are adequate, including whether random
samplings are used.
* * * * * * *
l. Cooperative Threat Reduction, Fiscal Year 2000
Partial text of Public Law 106-65 [National Defense Authorization Act
for Fiscal Year 2000; S. 1059], 113 Stat. 512, approved October 5,
1999; as amended by Public Law 106-398 [Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2000; H.R. 4205], 114 Stat.
1654, approved October 30, 2000; Public Law 107-107 [National Defense
Authorization Act for Fiscal Year 2002; S. 1438], 115 Stat. 1012,
approved December 28, 2001; Public Law 110-53 [Implementing
Recommendations of the 9/11 Commission Act of 2007; H.R. 1], 121 Stat.
266, approved August 3, 2007; and Public Law 110-181 [National Defense
Authorization Act for Fiscal Year 2008; H.R. 4986], 122 Stat. 3,
approved January 28, 2008
AN ACT To authorize appropriations for fiscal year 2000 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.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 2000''.
* * * * * * *
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
* * * * * * *
TITLE III--OPERATION AND MAINTENANCE
* * * * * * *
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 2000 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for expenses, not
otherwise provided for, for operation and maintenance, in
amounts as follows:
(1)-(22) * * *
(23) For Cooperative Threat Reduction programs,
$475,500,000.\1\
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\1\ Sec. 8054 of Division A of Public Law 107-117 (115 Stat. 2259)
provided a rescission as follows:
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``(rescissions)
---------------------------------------------------------------------------
``Sec. 8054. Of the funds provided in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts:
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`` `Former Soviet Union Threat Reduction, 2000/2002', $32,000,000;
``* * *''.
(24)-(25) * * *
* * * * * * *
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Prohibition on use of funds for specified purposes.
Sec. 1304. Limitations on use of funds for fissile material storage
facility.
Sec. 1305. [Repealed--2008]
Sec. 1306. Limitation on use of funds until submission of report.
Sec. 1307. [Repealed--2000]
Sec. 1308. Requirement to submit report.
Sec. 1309. Report on Expanded Threat Reduction Initiative.
Sec. 1310. Limitation on use of funds until submission of certification.
Sec. 1311. Period covered by annual report on accounting for United
States assistance under Cooperative Threat Reduction programs.
Sec. 1312. Russian nonstrategic nuclear arms.
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
FUNDS.
(a) \2\ Specification of CTR Programs.--For purposes of
section 301 and other provisions of this Act, Cooperative
Threat Reduction programs are the programs specified in section
1501(b) of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362
note).
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\2\ 22 U.S.C. 5952 note.
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(b) \2\ Fiscal Year 2000 Cooperative Threat Reduction Funds
Defined.--As used in this title, the term ``fiscal year 2000
Cooperative Threat Reduction funds'' means the funds
appropriated pursuant to the authorization of appropriations in
section 301 for Cooperative Threat Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to
the authorization of appropriations in section 301 for
Cooperative Threat Reduction programs shall be available for
obligation for three fiscal years.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $475,500,000
authorized to be appropriated to the Department of Defense for
fiscal year 2000 in section 301(23) for Cooperative Threat
Reduction programs, not more than the following amounts may be
obligated for the purposes specified:
(1) For strategic offensive arms elimination in
Russia, $177,300,000.
(2) For strategic nuclear arms elimination in
Ukraine, $41,800,000.
(3) For activities to support warhead dismantlement
processing in Russia, $9,300,000.
(4) For security enhancements at chemical weapons
storage sites in Russia, $20,000,000.
(5) For weapons transportation security in Russia,
$15,200,000.
(6) For planning, design, and construction of a
storage facility for Russian fissile material,
$64,500,000.
(7) For weapons storage security in Russia,
$99,000,000.
(8) For development of a cooperative program with the
Government of Russia to eliminate the production of
weapons grade plutonium at Russian reactors,
$32,300,000.
(9) For biological weapons proliferation prevention
activities in Russia, $12,000,000.
(10) For activities designated as Other Assessments/
Administrative Support, $1,800,000.
(11) For defense and military contacts, $2,300,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2000 Cooperative Threat Reduction
funds may be obligated or expended for a purpose other than a
purpose listed in paragraphs (1) through (11) of subsection (a)
until 30 days after the date that the Secretary of Defense
submits to Congress a report on the purpose for which the funds
will be obligated or expended and the amount of funds to be
obligated or expended. Nothing in the preceding sentence shall
be construed as authorizing the obligation or expenditure of
fiscal year 2000 Cooperative Threat Reduction funds for a
purpose for which the obligation or expenditure of such funds
is specifically prohibited under this title.
(c) Limited Authority To Vary Individual Amounts.--(1)
Subject to paragraphs (2) and (3), in any case in which the
Secretary of Defense determines that it is necessary to do so
in the national interest, the Secretary may obligate amounts
appropriated for fiscal year 2000 for a purpose listed in any
of the paragraphs in subsection (a) in excess of the amount
specifically authorized for such purpose.
(2) An obligation of funds for a purpose stated in any of
the paragraphs in subsection (a) in excess of the specific
amount authorized for such purpose may be made using the
authority provided in paragraph (1) only after--
(A) the Secretary submits to Congress notification of
the intent to do so together with a complete discussion
of the justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
(3) The Secretary may not, under the authority provided in
paragraph (1), obligate amounts for the purposes stated in any
of paragraphs (4) through (6), (8), (10), or (11) of subsection
(a) in excess of 115 percent of the amount specifically
authorized for such purposes.
SEC. 1303.\2\ PROHIBITION ON USE OF FUNDS FOR SPECIFIED PURPOSES.
(a) In General.--No fiscal year 2000 Cooperative Threat
Reduction funds, and no funds appropriated for Cooperative
Threat Reduction programs after the date of the enactment of
this Act, may be obligated or expended for any of the following
purposes:
(1) Conducting with Russia any peacekeeping exercise
or other peacekeeping-related activity.
(2) Provision of housing.
(3) Provision of assistance to promote environmental
restoration.
(4) Provision of assistance to promote job
retraining.
(b) Limitation with Respect to Defense Conversion
Assistance.--None of the funds appropriated pursuant to the
authorization of appropriations in section 301 of this Act, and
no funds appropriated to the Department of Defense in any other
Act enacted after the date of the enactment of this 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.
(c) Limitation with Respect to Conventional Weapons.--No
fiscal year 2000 Cooperative Threat Reduction funds may be
obligated or expended for elimination of conventional weapons
or the delivery vehicles primarily intended to deliver such
weapons.
SEC. 1304.\2\ LIMITATIONS ON USE OF FUNDS FOR FISSILE MATERIAL STORAGE
FACILITY.
(a) Limitations on Use of Fiscal Year 2000 Funds.--No
fiscal year 2000 Cooperative Threat Reduction funds may be
used--
(1) for construction of a second wing for the storage
facility for Russian fissile material referred to in
section 1302(a)(6); or
(2) for design or planning with respect to such
facility until 15 days after the date that the
Secretary of Defense submits to Congress notification
that Russia and the United States have signed a
verifiable written transparency agreement that ensures
that material stored at the facility is of weapons
origin.
(b) Limitation on Construction.--No funds authorized to be
appropriated for Cooperative Threat Reduction programs may be
used for construction of the storage facility referred to in
subsection (a) until the Secretary of Defense submits to
Congress the following:
(1) A certification that additional capacity is
necessary at such facility for storage of Russian
weapons-origin fissile material.
(2) A detailed cost estimate for a second wing for
the facility.
(3) A certification that Russia and the United States
have signed a verifiable written transparency agreement
that ensures that material stored at the facility is of
weapons origin.
SEC. 1305.\3\ * * * [REPEALED--2008]
SEC. 1306. LIMITATION ON USE OF FUNDS UNTIL SUBMISSION OF REPORT.
Not more than 50 percent of the fiscal year 2000
Cooperative Threat Reduction funds may be obligated or expended
until the Secretary of Defense submits to Congress a report
describing--
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\3\ Sec. 1811(3) of the Implementing Recommendations of the 9/11
Commission Act of 2007 (Public Law 110-53; 121 Stat. 492) repealed this
section, which prohibited the use of funds for chemical weapons
destruction unless the Secretary of Defense certified that Russia had
met certain requirements. For the text of the former sec. 1305 and
accompanying notes, see Legislation on Foreign Relations Through 2005,
Vol. II-B, pp. 89-90. Subsequently, sec. 1304(a)(3) of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 412) contained an identical provision to repeal this section.
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(1) with respect to each purpose listed in section
1302, whether the Department of Defense is the
appropriate executive agency to carry out Cooperative
Threat Reduction programs for such purpose, and if so,
why; and
(2) for any purpose that the Secretary determines is
not appropriately carried out by the Department of
Defense, a plan for migrating responsibility for
carrying out such purpose to the appropriate agency.
SEC. 1307.\4\ * * * [REPEALED--2000]
SEC. 1308. REQUIREMENT TO SUBMIT REPORT.
Not later than December 31, 1999, the Secretary of Defense
shall submit to Congress a report including--
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\4\ Sec. 1307 limited the use of CTR funds pending submittal of a
multiyear plan. Sec. 1308(g)(1)(D) of Public Law 106-398 (114 Stat.
1654A-343) repealed this section. Sec. 1308 of that Act repealed
several CTR reporting requirements and established a new, consolidated,
report on activities and assistance under CTR programs.
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(1) an explanation of the strategy of the Department
of Defense for encouraging States of the former Soviet
Union that receive funds through Cooperative Threat
Reduction programs to contribute financially to the
threat reduction effort;
(2) a prioritization of the projects carried out by
the Department of Defense under Cooperative Threat
Reduction programs;
(3) an identification of any limitations that the
United States has imposed or will seek to impose,
either unilaterally or through negotiations with
recipient States, on the level of assistance provided
by the United States for each of such projects; and
(4) an identification of the amount of international
financial assistance provided for Cooperative Threat
Reduction programs by other States.
SEC. 1309. REPORT ON EXPANDED THREAT REDUCTION INITIATIVE.
Not later than March 31, 2000, the President shall submit
to Congress a report on the Expanded Threat Reduction
Initiative. Such report shall include a description of the
plans for ensuring effective coordination between executive
agencies in carrying out the Expanded Threat Reduction
Initiative to minimize duplication of efforts.
SEC. 1310. LIMITATION ON USE OF FUNDS UNTIL SUBMISSION OF
CERTIFICATION.
No funds appropriated for fiscal year 1999 for Cooperative
Threat Reduction programs and remaining available for
obligation or expenditure may be obligated or expended for
assistance for any country under a Cooperative Threat Reduction
Program until the President resubmits to Congress an updated
certification under section 1203(d) of the Cooperative Threat
Reduction Act of 1993 (title XII of Public Law 103-160; 22
U.S.C. 5952(d)), section 1412(d) of the Former Soviet Union
Demilitarization Act of 1992 (title XIV of Public Law 102-484;
22 U.S.C. 5902(d)), and section 502 of the Freedom for Russia
and Emerging Eurasian Democracies and Open Markets Support Act
of 1992 (Public Law 102-511; 22 U.S.C. 5852).
SEC. 1311. PERIOD COVERED BY ANNUAL REPORT ON ACCOUNTING FOR UNITED
STATES ASSISTANCE UNDER COOPERATIVE THREAT
REDUCTION PROGRAMS.
Section 1206(a)(2) of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 471; 22
U.S.C. 5955 note) is amended to read as follows: * * *
SEC. 1312.\5\ RUSSIAN NONSTRATEGIC NUCLEAR ARMS.
It \6\ is the sense of Congress that--
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\5\ 22 U.S.C. 5955 note.
\6\ Sec. 1308(g)(3) of Public Law 106-398 (114 Stat. 1654A-343)
struck out ``(a) Sense of Congress.--'' and further struck out subsecs.
(b) and (c), which had required inclusion of information on Russia's
arsenal of tactical nuclear warheads and related details in the CTR
annual report.
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(1) it is in the interest of Russia to fully
implement the Presidential Nuclear Initiatives
announced in 1991 and 1992 by then-President of the
Soviet Union Gorbachev and then-President of Russia
Yeltsin;
(2) the President of the United States should call on
Russia to match the unilateral reductions in the United
States inventory of tactical nuclear weapons, which
have reduced the inventory by nearly 90 percent; and
(3) if the re-certification under section 1310 is
made, the President should emphasize the continued
interest of the United States in working cooperatively
with Russia to reduce the dangers associated with
Russia's tactical nuclear arsenal.
* * * * * * *
m. Cooperative Threat Reduction, Fiscal Year 1999
Partial text of Public Law 105-261 [Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999; H.R. 3616], 112 Stat. 1920,
approved October 17, 1998; as amended by Public Law 108-375 [Ronald W.
Reagan National Defense Authorization Act for Fiscal Year 2005; H.R.
4200] 118 Stat. 1811, approved October 28, 2004
AN ACT To authorize appropriations for fiscal year 1999 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.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Strom
Thurmond National Defense Authorization Act for Fiscal Year
1999''.
(b) * * *
* * * * * * *
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
* * * * * * *
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 1999 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for expenses, not
otherwise provided for, for operation and maintenance, in
amounts as follows:
(1)-(22) * * *
(23) For Cooperative Threat Reduction programs,
$440,400,000.
(24) * * *
* * * * * * *
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Prohibition on use of funds for specified purposes.
Sec. 1304. Limitation on use of funds for chemical weapons destruction
activities in Russia.
Sec. 1305. Limitation on use of funds for biological weapons
proliferation prevention activities in Russia.
Sec. 1306. Cooperative counter-proliferation program.
Sec. 1307. Requirement to submit summary of amounts requested by project
category.
Sec. 1308. Report on biological weapons programs in Russia.
Sec. 1309. Report on individuals with expertise in former Soviet weapons
of mass destruction programs.
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
FUNDS.
(a) \1\ Specification of CTR Programs.--(1) For purposes of
section 301 and other provisions of this Act, Cooperative
Threat Reduction programs are the programs specified in section
1501(b) of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362
note) (as amended by paragraph (2)).
---------------------------------------------------------------------------
\1\ 22 U.S.C. 5952 note.
---------------------------------------------------------------------------
(2) Section 1501(b)(3) of such Act is amended by inserting
``materials,'' after ``components,''.
(b) Fiscal Year 1999 Cooperative Threat Reduction Funds
Defined.--As used in this title, the term ``fiscal year 1999
Cooperative Threat Reduction funds'' means the funds
appropriated pursuant to the authorization of appropriations in
section 301 for Cooperative Threat Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to
the authorization of appropriations in section 301 for
Cooperative Threat Reduction programs shall be available for
obligation for three fiscal years.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the amounts
authorized to be appropriated to the Department of Defense for
fiscal year 1999 in section 301(23), $440,400,000 shall be
available to carry out Cooperative Threat Reduction programs,
of which not more than the following amounts may be obligated
for the purposes specified:
(1) For strategic offensive arms elimination in
Russia, $142,400,000.
(2) For strategic nuclear arms elimination in
Ukraine, $47,500,000.
(3) For activities to support warhead dismantlement
processing in Russia, $9,400,000.
(4) For activities associated with chemical weapons
destruction in Russia, $88,400,000.
(5) For weapons transportation security in Russia,
$10,300,000.
(6) For planning, design, and construction of a
storage facility for Russian fissile material,
$60,900,000.
(7) For weapons storage security in Russia,
$41,700,000.
(8) For development of a cooperative program with the
Government of Russia to eliminate the production of
weapons grade plutonium at Russian reactors,
$29,800,000.
(9) For biological weapons proliferation prevention
activities in Russia, $2,000,000.
(10) For activities designated as Other Assessments/
Administrative Support, $8,000,000.
(b) Limited Authority To Vary Individual Amounts.--(1) If
the Secretary of Defense determines that it is necessary to do
so in the national interest, the Secretary may, subject to
paragraphs (2) and (3), obligate amounts for the purposes
stated in any of the paragraphs of subsection (a) in excess of
the amount specified for those purposes in that paragraph.
However, the total amount obligated for the purposes stated in
the paragraphs in subsection (a) may not by reason of the use
of the authority provided in the preceding sentence exceed the
sum of the amounts specified in those paragraphs.
(2) An obligation for the purposes stated in any of the
paragraphs in subsection (a) in excess of the amount specified
in that paragraph may be made using the authority provided in
paragraph (1) only after--
(A) the Secretary submits to Congress notification of
the intent to do so together with a complete discussion
of the justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
(3) The Secretary may not, under the authority provided in
paragraph (1), obligate amounts appropriated for the purposes
stated in any of paragraphs (3) through (10) of subsection (a)
in excess of 115 percent of the amount stated in those
paragraphs.
SEC. 1303. PROHIBITION ON USE OF FUNDS FOR SPECIFIED PURPOSES.
(a) In General.--No fiscal year 1999 Cooperative Threat
Reduction funds, and no funds appropriated for Cooperative
Threat Reduction programs for any prior fiscal year and
remaining available for obligation, may be obligated or
expended for any of the following purposes:
(1) Conducting with Russia any peacekeeping exercise
or other peacekeeping-related activity.
(2) Provision of housing.
(3) Provision of assistance to promote environmental
restoration.
(4) Provision of assistance to promote job
retraining.
(b) Limitation With Respect to Defense Conversion
Assistance.--None of the funds appropriated pursuant to this
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.
SEC. 1304.\1\ LIMITATION ON USE OF FUNDS FOR CHEMICAL WEAPONS
DESTRUCTION ACTIVITIES IN RUSSIA.
(a) Limitation.--Subject to the limitation in section
1405(b) of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 111 Stat. 1961), no funds
authorized to be appropriated for Cooperative Threat Reduction
programs under this Act or any other Act may be obligated or
expended for chemical weapons destruction activities in Russia
(including activities for the planning, design, or construction
of a chemical weapons destruction facility or for the
dismantlement of an existing chemical weapons production
facility) until the President submits to Congress a written
certification described in subsection (b).
(b) Presidential Certification.--A certification under this
subsection is either of the following certifications by the
President:
(1) A certification that--
(A) Russia is making reasonable progress
toward the implementation of the Bilateral
Destruction Agreement;
(B) the United States and Russia have made
substantial progress toward the resolution, to
the satisfaction of the United States, of
outstanding compliance issues under the Wyoming
Memorandum of Understanding and the Bilateral
Destruction Agreement; and
(C) Russia has fully and accurately declared
all information regarding its unitary and
binary chemical weapons, chemical weapons
facilities, and other facilities associated
with chemical weapons.
(2) \2\ A certification that the national security
interests of the United States could be undermined by a
policy of the United States not to carry out chemical
weapons destruction activities under Cooperative Threat
Reduction programs for which funds are authorized to be
appropriated under this Act or any other Act for fiscal
year 1999.
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\2\ In a memorandum of July 16, 1999 (64 F.R. 40503; July 26,
1999), the President delegated the authority in this paragraph to the
Secretary of Defense, further stating that such authority may be
redelegated not lower than the Under Secretary level.
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(c) Definitions.--In this section:
(1) The term ``Bilateral Destruction Agreement''
means the Agreement Between the United States of
America and the Union of Soviet Socialist Republics on
Destruction and Non-production of Chemical Weapons and
on Measures to Facilitate the Multilateral Convention
on Banning Chemical Weapons signed on June 1, 1990.
(2) The term ``Wyoming Memorandum of Understanding''
means the Memorandum of Understanding Between the
Government of the United States of America and the
Government of the Union of Soviet Socialist Republics
Regarding a Bilateral Verification Experiment and Data
Exchange Related to Prohibition on Chemical Weapons,
signed at Jackson Hole, Wyoming, on September 23, 1989.
SEC. 1305. LIMITATION ON USE OF FUNDS FOR BIOLOGICAL WEAPONS
PROLIFERATION PREVENTION ACTIVITIES IN RUSSIA.
No fiscal year 1999 Cooperative Threat Reduction funds may
be obligated or expended for biological weapons proliferation
prevention activities in Russia until 15 days after the date on
which the Secretary submits to the congressional defense
committees a report on--
(1) whether Cooperative Threat Reduction funds
provided for cooperative research activities at
biological research institutes in Russia have been
used--
(A) to support activities to develop new
strains of anthrax; or
(B) for any purpose inconsistent with the
objectives of providing such funds; and
(2) the new strains of anthrax alleged to have been
developed at a biological research institute in Russia
and any efforts by the United States to examine such
strains.
SEC. 1306. COOPERATIVE COUNTER PROLIFERATION PROGRAM.
(a) In General.--Of the amount authorized to be
appropriated in section 1302 (other than the amounts authorized
to be appropriated in subsections (a)(1) and (a)(2) of that
section) and subject to the limitations in that section and
subsection (b), the Secretary of Defense may provide a country
of the former Soviet Union with emergency assistance for
removing or obtaining from that country--
(1) weapons of mass destruction; or
(2) materials, equipment, or technology related to
the development or delivery of weapons of mass
destruction.
(b) Certification Required.--(1) The Secretary may not
provide assistance under subsection (a) until 15 days after the
date that the Secretary submits to the congressional defense
committees a certification in writing that the weapons,
materials, equipment, or technology described in that
subsection meet each of the following requirements:
(A) The weapons, materials, equipment, or technology
are at risk of being sold or otherwise transferred to a
restricted foreign state or entity.
(B) The transfer of the weapons, materials,
equipment, or technology would pose a significant near-
term threat to the national security interests of the
United States or would significantly advance a foreign
country's weapon program that threatens the national
security interests of the United States.
(C) Other options for securing or otherwise
preventing the transfer of the weapons, materials,
equipment, or technology have been considered and
rejected as ineffective or inadequate.
(2) The 15-day notice requirement in paragraph (1) may be
waived if the Secretary determines that compliance with the
requirement would compromise the national security interests of
the United States. In such case, the Secretary shall promptly
notify the congressional defense committees of the
circumstances regarding such determination in advance of
providing assistance under subsection (a) and shall submit the
certification required not later than 30 days after providing
such assistance.
(c) Content of Certifications.--Each certification required
under subsection (b) shall contain information on the following
with respect to the assistance being provided:
(1) The specific assistance provided and the purposes
for which the assistance is being provided.
(2) The sources of funds for the assistance.
(3) Whether any assistance is being provided by any
other Federal department or agency.
(4) The options considered and rejected for
preventing the transfer of the weapons, materials,
equipment, or technology, as described in subsection
(b)(1)(C).
(5) Whether funding was requested by the Secretary
from other Federal departments or agencies.
(6) Any additional information that the Secretary
determines is relevant to the assistance being
provided.
(d) Additional Sources of Funding.--The Secretary may
request assistance and accept funds from other Federal
departments or agencies in carrying out this section.
(e) Definitions.--In this section:
(1) The term ``restricted foreign state or entity'',
with respect to weapons, materials, equipment, or
technology covered by a certification or notification
of the Secretary of Defense under subsection (b),
means--
(A) any foreign country the government of
which has repeatedly provided support for acts
of international terrorism, as determined by
the Secretary of State under section 620A of
the Foreign Assistance Act of 1961 (22 U.S.C.
2371); or
(B) any foreign state or entity that the
Secretary of Defense determines would
constitute a military threat to the United
States, its allies, or interests, if that
foreign state or entity were to possess the
weapons, materials, equipment, or technology.
(2) The term ``weapons of mass destruction'' has the
meaning given that term in section 1403(1) of the
Defense Against Weapons of Mass Destruction Act of 1996
(title XIV of Public Law 104-201; 50 U.S.C. 2302(1)).
SEC. 1307.\1\ REQUIREMENT TO SUBMIT SUMMARY OF AMOUNTS REQUESTED BY
PROJECT CATEGORY.
(a) Summary Required.--The Secretary of Defense shall
submit to Congress in the materials and manner specified in
subsection (c) \3\ --
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\3\ Sec. 1304(1) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
1811) struck out ``as part of the Secretary's annual budget request to
Congress'' and inserted in lieu thereof ``in the materials and manner
specified in subsection (c)''. Sec. 1304(2) of that Act added subsec.
(c) to the end of this section.
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(1) a descriptive summary, with respect to the
appropriations requested for Cooperative Threat
Reduction programs for the fiscal year after the fiscal
year in which the summary is submitted, of the amounts
requested for each project category under each
Cooperative Threat Reduction program element; and
(2) a descriptive summary, with respect to
appropriations for Cooperative Threat Reduction
programs for the fiscal year in which the list is
submitted and the previous fiscal year, of the amounts
obligated or expended, or planned to be obligated or
expended, for each project category under each
Cooperative Threat Reduction program element.
(b) Description of Purpose and Intent.--The descriptive
summary required under subsection (a) shall include a narrative
description of each program and project category under each
Cooperative Threat Reduction program element that explains the
purpose and intent of the funds requested.
(c) \3\ Inclusion in Certain Materials Submitted to
Congress.--The summary required to be submitted to Congress in
a fiscal year under subsection (a) shall be set forth by
project category, and by amounts specified in paragraphs (1)
and (2) of that subsection in connection with such project
category, in each of the following:
(1) The annual report on activities and assistance
under Cooperative Threat Reduction programs required in
such fiscal year under section 1308 of the Floyd D.
Spence National Defense Authorization Act for Fiscal
Year 2001 (as enacted into law by Public Law 106-398).
(2) The budget justification materials submitted to
Congress in support of the Department of Defense budget
for the fiscal year succeeding such fiscal year (as
submitted with the budget of the President under
section 1105(a) of title 31, United States Code).
SEC. 1308. REPORT ON BIOLOGICAL WEAPONS PROGRAMS IN RUSSIA.
(a) Report.--Not later than March 1, 1999, the Secretary of
Defense shall submit to the congressional defense committees a
report, in classified and unclassified forms, containing--
(1) an assessment of the extent of compliance by
Russia with international agreements relating to the
control of biological weapons; and
(2) a detailed evaluation of the potential political
and military costs and benefits of collaborative
biological pathogen research efforts by the United
States and Russia.
(b) Content of Report.--The report required under
subsection (a) shall include the following:
(1) An evaluation of the extent of the control and
oversight by the Government of Russia over the military
and civilian-military biological warfare programs
formerly controlled or overseen by states of the former
Soviet Union.
(2) The extent and scope of continued biological
warfare research, development, testing, and production
in Russia, including the sites where such activity is
occurring and the types of activity being conducted.
(3) An assessment of compliance by Russia with the
terms of the Biological Weapons Convention.
(4) An identification and assessment of the measures
taken by Russia to comply with the obligations assumed
under the Joint Statement on Biological Weapons, agreed
to by the United States, the United Kingdom, and Russia
on September 14, 1992.
(5) A description of the extent to which Russia has
permitted individuals from the United States or other
countries to visit military and nonmilitary biological
research, development, testing, and production sites in
order to resolve ambiguities regarding activities at
such sites.
(6) A description of the information provided by
Russia about its biological weapons dismantlement
efforts to date.
(7) An assessment of the accuracy and
comprehensiveness of declarations by Russia regarding
its biological weapons activities.
(8) An identification of collaborative biological
research projects carried out by the United States and
Russia for which Cooperative Threat Reduction funds
have been used.
(9) An evaluation of the political and military
utility of prior, existing, and prospective cooperative
biological pathogen research programs carried out
between the United States and Russia, and an assessment
of the impact of such programs on increasing Russian
military transparency with respect to biological
weapons activities.
(10) An assessment of the political and military
utility of the long-term collaborative program
advocated by the National Academy of Sciences in its
October 27, 1997 report, ``Controlling Dangerous
Pathogens: A Blueprint for U.S.-Russian Cooperation''.
SEC. 1309. REPORT ON INDIVIDUALS WITH EXPERTISE IN FORMER SOVIET
WEAPONS OF MASS DESTRUCTION PROGRAMS.
Not later than January 31, 1999, the Secretary of Defense,
in consultation with the Secretary of State, the Secretary of
Energy, and any other appropriate officials, shall submit to
the congressional defense committees a report on the number of
individuals in the former Soviet Union who have significant
expertise in the research, development, production, testing,
and operational employment of ballistic missiles and weapons of
mass destruction. The report shall contain the following:
(1) A listing of the specific expertise of the
individuals, by category and discipline.
(2) An assessment of which categories of expertise
would pose the greatest risks to the security of the
United States if that expertise were transferred to
potentially hostile states.
(3) An estimate, by category, of the number of the
individuals in paragraph (1) who are fully or partly
employed at the time the report is submitted by the
military-industrial complex of the former Soviet Union,
the number of such individuals who are fully employed
at the time the report is submitted by commercial
ventures outside the military-industrial complex of the
former Soviet Union, and the number of such individuals
who are unemployed and underemployed at the time the
report is submitted.
(4) An identification of the nature, scope, and cost
of activities conducted by the United States and other
countries to assist in the employment in
nonproliferation and nonmilitary-related endeavors and
enterprises of individuals involved in the weapons
complex of the former Soviet Union, and which
categories of individuals are being targeted in these
efforts.
(5) An assessment of whether the activities
identified under paragraph (4) should be reduced,
maintained, or expanded.
* * * * * * *
n. Cooperative Threat Reduction, Fiscal Year 1998
Partial text of Public Law 105-85 [National Defense Authorization Act
for Fiscal Year 1998; H.R. 1119], 111 Stat. 1629, approved November 18,
1997
AN ACT To authorize appropriations for fiscal year 1998 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.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 1998''.
* * * * * * *
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
* * * * * * *
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 1998 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for expenses, not
otherwise provided for, for operation and maintenance, in
amounts as follows:
(1)-(22) * * *
(23) For Cooperative Threat Reduction programs,
$382,200,000.
(24) * * *
* * * * * * *
TITLE XIV--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
UNION
Sec. 1401. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1402. Funding allocations.
Sec. 1403. Prohibition on use of funds for specified purposes.
Sec. 1404. Limitation on use of funds for projects related to START II
Treaty until submission of certification.
Sec. 1405. Limitation on use of funds for chemical weapons destruction
facility.
Sec. 1406. Limitation on use of funds for destruction of chemical
weapons.
Sec. 1407. Limitation on use of funds for storage facility for Russian
fissile material.
Sec. 1408. Limitation on use of funds for weapons storage security.
Sec. 1409. Report on issues regarding payment of taxes, duties, and
other assessments on assistance provided to Russia under
Cooperative Threat Reduction programs.
Sec. 1410. Availability of funds.
SEC. 1401. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
FUNDS.
(a) Specification of CTR Programs.--For purposes of section
301 and other provisions of this Act, Cooperative Threat
Reduction programs are the programs specified in section
1501(b) of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362
note).
(b) Fiscal Year 1998 Cooperative Threat Reduction Funds
Defined.--As used in this title, the term ``fiscal year 1998
Cooperative Threat Reduction funds'' means the funds
appropriated pursuant to the authorization of appropriations in
section 301 for Cooperative Threat Reduction programs.
SEC. 1402. FUNDING ALLOCATIONS.
(a) In General.--Of the fiscal year 1998 Cooperative Threat
Reduction funds, not more than the following amounts may be
obligated for the purposes specified:
(1) For strategic offensive arms elimination in
Russia, $77,900,000.
(2) For strategic nuclear arms elimination in
Ukraine, $76,700,000.
(3) For fissile material containers in Russia,
$7,000,000.
(4) For planning and design of a chemical weapons
destruction facility in Russia, $35,400,000.
(5) For dismantlement of biological and chemical
weapons facilities in the former Soviet Union,
$20,000,000.
(6) For planning, design, and construction of a
storage facility for Russian fissile material,
$57,700,000.
(7) For weapons storage security in Russia,
$36,000,000.
(8) For development of a cooperative program with the
Government of Russia to eliminate the production of
weapons grade plutonium at Russian reactors,
$41,000,000.
(9) For activities designated as Defense and
Military-to-Military Contacts in Russia, Ukraine, and
Kazakhstan, $8,000,000.
(10) For military-to-military programs of the United
States that focus on countering the threat of
proliferation of weapons of mass destruction and that
include the security forces of the independent states
of the former Soviet Union other than Russia, Ukraine,
Belarus, and Kazakstan, $2,000,000.
(11) For activities designated as Other Assessments/
Administrative Support $20,500,000.
(b) Limited Authority To Vary Individual Amounts.--(1) If
the Secretary of Defense determines that it is necessary to do
so in the national interest, the Secretary may, subject to
paragraphs (2) and (3), obligate amounts for the purposes
stated in any of the paragraphs of subsection (a) in excess of
the amount specified for those purposes in that paragraph.
However, the total amount obligated for the purposes stated in
the paragraphs in subsection (a) may not by reason of the use
of the authority provided in the preceding sentence exceed the
sum of the amounts specified in those paragraphs.
(2) An obligation for the purposes stated in any of the
paragraphs in subsection (a) in excess of the amount specified
in that paragraph may be made using the authority provided in
paragraph (1) only after--
(A) the Secretary submits to Congress notification of
the intent to do so together with a complete discussion
of the justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
(3) The Secretary may not, under the authority provided in
paragraph (1), obligate amounts appropriated for the purposes
stated in any of paragraphs (3) through (11) of subsection (a)
in excess of 115 percent of the amount stated in those
paragraphs.
(c) Limited Waiver of 115 Percent Cap on Obligation in
Excess of Amounts Authorized for Fiscal Years 1996 and 1997.--
(1) The limitation in subsection (b)(1) of section 1202 of the
National Defense Authorization Act for Fiscal Year 1996 (Public
Law 104-106; 110 Stat. 469), that provides that the authority
provided in that sentence to obligate amounts specified for
Cooperative Threat Reduction purposes in excess of the amount
specified for each such purpose in subsection (a) of that
section may not exceed 115 percent of the amounts specified,
shall not apply with respect to subsection (a)(1) of such
section for purposes of strategic offensive weapons elimination
in Russia or the Ukraine.
(2) The limitation in subsection (b)(1) of section 1502 of
the National Defense Authorization Act for Fiscal Year 1997
(Public Law 104-201; 110 Stat. 2732), that provides that the
authority provided in that sentence to obligate amounts
specified for Cooperative Threat Reduction purposes in excess
of the amount specified for each such purpose in subsection (a)
of that section may not exceed 115 percent of the amounts
specified, shall not apply with respect to subsections (a)(2)
and (a)(3) of such section.
SEC. 1403. PROHIBITION ON USE OF FUNDS FOR SPECIFIED PURPOSES.
(a) In General.--No fiscal year 1998 Cooperative Threat
Reduction funds, and no funds appropriated for Cooperative
Threat Reduction programs for any prior fiscal year and
remaining available for obligation, may be obligated or
expended for any of the following purposes:
(1) Conducting with Russia any peacekeeping exercise
or other peacekeeping-related activity.
(2) Provision of housing.
(3) Provision of assistance to promote environmental
restoration.
(4) Provision of assistance to promote job
retraining.
(b) Limitation With Respect to Defense Conversion
Assistance.--None of the funds appropriated pursuant to this
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.
SEC. 1404. LIMITATION ON USE OF FUNDS FOR PROJECTS RELATED TO START II
TREATY UNTIL SUBMISSION OF CERTIFICATION.
No fiscal year 1998 Cooperative Threat Reduction funds may
be obligated or expended for strategic offensive arms
elimination projects in Russia related to the START II Treaty
(as defined in section 1302(f)) until 30 days after the date on
which the Secretary of Defense submits to Congress a
certification in writing that--
(1) implementation of the projects would benefit the
national security interest of the United States; and
(2) Russia has agreed in an implementing agreement to
share the cost for the projects.
SEC. 1405. LIMITATION ON USE OF FUNDS FOR CHEMICAL WEAPONS DESTRUCTION
FACILITY.
(a) Limitation on Use of Funds Until Submission of
Notifications to Congress.--No fiscal year 1998 Cooperative
Threat Reduction funds may be obligated or expended for
planning and design of a chemical weapons destruction facility
until 15 days after the date that is the later of the
following:
(1) The date on which the Secretary of Defense
submits to Congress notification of an agreement
between the United States and Russia with respect to
such chemical weapons destruction facility that
includes--
(A) an agreement providing for a limitation
on the financial contribution by the United
States for the facility;
(B) an agreement that the United States will
not pay the costs for infrastructure determined
by Russia to be necessary to support the
facility; and
(C) an agreement on the location of the
facility.
(2) The date on which the Secretary of Defense
submits to Congress notification that the Government of
Russia has formally approved a plan--
(A) that allows for the destruction of
chemical weapons in Russia; and
(B) that commits Russia to pay a portion of
the cost for the facility.
(b) Prohibition on Use of Funds for Facility
Construction.--No fiscal year 1998 Cooperative Threat Reduction
funds authorized to be obligated in section 1402(a)(4) for
planning and design of a chemical weapons destruction facility
in Russia may be used for construction of such facility.
SEC. 1406. LIMITATION ON USE OF FUNDS FOR DESTRUCTION OF CHEMICAL
WEAPONS.
(a) Limitation.--No funds authorized to be appropriated
under this or any other Act for fiscal year 1998 for
Cooperative Threat Reduction programs may be obligated or
expended for chemical weapons destruction activities (including
activities for the planning, design, or construction of a
chemical weapons destruction facility or for the dismantlement
of an existing chemical weapons production facility) until the
President submits to Congress a written certification under
subsection (b).
(b) Presidential Certification.--A certification under this
subsection is either of the following certifications by the
President:
(1) A certification that--
(A) Russia is making reasonable progress
toward the implementation of the Bilateral
Destruction Agreement;
(B) the United States and Russia have made
substantial progress toward the resolution, to
the satisfaction of the United States, of
outstanding compliance issues under the Wyoming
Memorandum of Understanding and the Bilateral
Destruction Agreement; and
(C) Russia has fully and accurately declared
all information regarding its unitary and
binary chemical weapons, chemical weapons
facilities, and other facilities associated
with chemical weapons.
(2) A certification that the national security
interests of the United States could be undermined by a
United States policy not to carry out chemical weapons
destruction activities under the Cooperative Threat
Reduction programs for which funds are authorized to be
appropriated under this or any other Act for fiscal
year 1998.
(c) Definitions.--For the purposes of this section:
(1) The term ``Bilateral Destruction Agreement''
means the Agreement Between the United States of
America and the Union of Soviet Socialist Republics on
Destruction and Nonproduction of Chemical Weapons and
on Measures to Facilitate the Multilateral Convention
on Banning Chemical Weapons, signed on June 1, 1990.
(2) The term ``Wyoming Memorandum of Understanding''
means the Memorandum of Understanding Between the
Government of the United States of America and the
Government of the Union of Soviet Socialist Republics
Regarding a Bilateral Verification Experiment and Data
Exchange Related to Prohibition on Chemical Weapons,
signed at Jackson Hole, Wyoming, on September 23, 1989.
SEC. 1407. LIMITATION ON USE OF FUNDS FOR STORAGE FACILITY FOR RUSSIAN
FISSILE MATERIAL.
No fiscal year 1998 Cooperative Threat Reduction funds may
be obligated or expended for planning, design, or construction
of a storage facility for Russian fissile material until 15
days after the date that is the later of the following:
(1) The date on which the Secretary of Defense
submits to Congress notification that an implementing
agreement between the United States and Russia has been
entered into that specifies the total cost to the
United States for the facility.
(2) The date on which the Secretary submits to
Congress notification that an agreement has been
entered into between the United States and Russia
incorporating the principle of transparency with
respect to the use of the facility.
SEC. 1408. LIMITATION ON USE OF FUNDS FOR WEAPONS STORAGE SECURITY.
No fiscal year 1998 Cooperative Threat Reduction funds
intended for weapons storage security activities in Russia may
be obligated or expended until--
(1) the Secretary of Defense submits to Congress a
report on the status of negotiations between the United
States and Russia on audits and examinations with
respect to weapons storage security; and
(2) 15 days have elapsed following the date that the
report is submitted.
SEC. 1409. REPORT ON ISSUES REGARDING PAYMENT OF TAXES, DUTIES, AND
OTHER ASSESSMENTS ON ASSISTANCE PROVIDED TO RUSSIA
UNDER COOPERATIVE THREAT REDUCTION PROGRAMS.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a
report on issues regarding payment of taxes, duties, and other
assessments on assistance provided to Russia under Cooperative
Threat Reduction programs. The report shall include the
following:
(1) A description of any disputes between the United
States and Russia with respect to payment by the United
States of taxes, duties and other assessments on
assistance provided to Russia under a Cooperative
Threat Reduction program, including a description of
the nature of each dispute, the amount of payment
disputed, whether the dispute was resolved, and if the
dispute was resolved, the means by which the dispute
was resolved.
(2) A description of the actions taken by the
Secretary to prevent disputes in the future between the
United States and Russia with respect to payment by the
United States of taxes, duties, and other assessments
on assistance provided to Russia under a Cooperative
Threat Reduction program.
(3) A description of any agreement between the United
States and Russia with respect to payment by the United
States of taxes, duties, or other assessments on
assistance provided to Russia under a Cooperative
Threat Reduction program.
(4) Any proposals of the Secretary for actions that
should be taken to prevent disputes between the United
States and Russia with respect to payment by the United
States of taxes, duties, or other assessments on
assistance provided to Russia under a Cooperative
Threat Reduction program.
SEC. 1410. AVAILABILITY OF FUNDS.
Funds appropriated pursuant to the authorization of
appropriations in section 301 for Cooperative Threat Reduction
programs shall be available for obligation for three fiscal
years.
* * * * * * *
o. Cooperative Threat Reduction, Fiscal Year 1997 \1\
Partial text of Public Law 104-201 [National Defense Authorization Act
for Fiscal Year 1997; H.R. 3230], 110 Stat. 2422, approved September
23, 1996; as amended by Public Law 105-261 [Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999; H.R. 3616], 112 Stat.
1920, approved October 17, 1998; and Public Law 110-181 [National
Defense Authorization Act for Fiscal Year 2008; H.R. 4986], 122 Stat.
3, approved January 28, 2008
AN ACT To authorize appropriations for fiscal year 1997 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.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
---------------------------------------------------------------------------
\1\ See also the Defense Against Weapons of Mass Destruction Act of
1996 (title XIV of Public Law 104-201; 110 Stat. 2714): sec. 1402--
Findings (50 U.S.C. 2301 note); sec. 1424--International Border
Security (50 U.S.C. 2333); sec. 1431--Coverage of Weapons-Usable
Fissile Materials in Cooperative Threat Reduction Programs on
Elimination or Transportation of Nuclear Weapons; sec. 1432--
Elimination of Plutonium Production (50 U.S.C. 2341); sec. 1452--
Transfers of Allocations Among Cooperative Threat Reduction Programs
(50 U.S.C. 2362); sec. 1453--Sense of Congress Concerning Assistance to
States of Former Soviet Union (50 U.S.C. 2363); sec. 1454--Purchase of
Low-Enriched Uranium Derived From Russian Highly-Enriched Uranium (50
U.S.C. 2364); and sec. 1455--Sense of Congress Concerning Purchase,
Packaging, and Transportation of Fissile Materials at Risk of Theft (50
U.S.C. 2365).
---------------------------------------------------------------------------
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 1997''.
* * * * * * *
TITLE III--OPERATION AND MAINTENANCE
* * * * * * *
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 1997 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for expenses, not
otherwise provided for, for operation and maintenance, in
amounts as follows:
(1)-(21) * * *
(22) For Cooperative Threat Reduction programs,
$364,900,000.\2\
---------------------------------------------------------------------------
\2\ Title II of the Department of Defense Appropriations Act, 1997
(sec. 101(b) of title I of Public Law 104-208; 110 Stat. 3009),
provided the following:
---------------------------------------------------------------------------
``Former Soviet Union Threat Reduction
---------------------------------------------------------------------------
``For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure transportation and
storage of nuclear, chemical and other weapons; for establishing
programs to prevent the proliferation of weapons, weapons components,
and weapon-related technology and expertise; for programs relating to
the training and support of defense and military personnel for
demilitarization and protection of weapons, weapons components and
weapons technology and expertise; $327,900,000, to remain available
until expended.''.
---------------------------------------------------------------------------
(23)-(24) * * *
* * * * * * *
TITLE XV--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
UNION
Sec. 1501. Specification of Cooperative Threat Reduction programs.
Sec. 1502. Fiscal year 1997 funding allocations.
Sec. 1503. Prohibition on use of funds for specified purposes.
Sec. 1504. Limitation on use of funds until specified reports are
submitted.
Sec. 1505. Availability of funds.
SEC. 1501.\3\ SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS.
(a) In General.--For purposes of section 301 and other
provisions of this Act, Cooperative Threat Reduction programs
are the programs specified in subsections (b) and (c).\4\
---------------------------------------------------------------------------
\3\ 50 U.S.C. 2362 note.
\4\ Sec. 1303(1) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 412) struck out
``subsection (b)'' at this point and inserted in lieu thereof
``subsections (b) and (c)'', and added a new subsec. (c) at the end of
this section.
---------------------------------------------------------------------------
(b) Specified Programs.--The programs referred to in
subsection (a) are the following programs with respect to
states of the former Soviet Union:
(1) Programs to facilitate the elimination, and the
safe and secure transportation and storage, of nuclear,
chemical, and other weapons and their delivery
vehicles.
(2) Programs to facilitate the safe and secure
storage of fissile materials derived from the
elimination of nuclear weapons.
(3) Programs to prevent the proliferation of weapons,
weapons components, materials,\5\ and weapons-related
technology and expertise.
---------------------------------------------------------------------------
\5\ Sec. 1301(a)(2) of Public Law 105-261 (112 Stat. 2161) inserted
``materials,'' after ``components,''.
---------------------------------------------------------------------------
(4) Programs to expand military-to-military and
defense contacts.
(c) \4\ Specified Programs With Respect to States Outside
the Former Soviet Union.--The programs referred to in
subsection (a) are the following programs with respect to
states that are not states of the former Soviet Union:
(1) Programs to facilitate the elimination, and the
safe and secure transportation and storage, of chemical
or biological weapons, weapons components, weapons-
related materials, and their delivery vehicles.
(2) Programs to facilitate safe and secure
transportation and storage of nuclear weapons, weapons
components, and their delivery vehicles.
(3) Programs to prevent the proliferation of nuclear
and chemical weapons, weapons components, and weapons-
related military technology and expertise.
(4) Programs to prevent the proliferation of
biological weapons, weapons components, and weapons-
related military technology and expertise, which may
include activities that facilitate detection and
reporting of highly pathogenic diseases or other
diseases that are associated with or that could be
utilized as an early warning mechanism for disease
outbreaks that could impact the Armed Forces of the
United States or allies of the United States.
(5) Programs to expand military-to-military and
defense contacts.
SEC. 1502. FISCAL YEAR 1997 FUNDING ALLOCATIONS.
(a) In General.--Of the amount appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative
Threat Reduction programs, not more than the following amounts
may be obligated for the purposes specified:
(1) For planning and design of a chemical weapons
destruction facility in Russia, $78,500,000.
(2) For elimination of strategic offensive arms in
Russia, $52,000,000.
(3) For strategic nuclear arms elimination in
Ukraine, $47,000,000.
(4) For planning and design of a storage facility for
Russian fissile material, $66,000,000.
(5) For fissile material containers in Russia,
$38,500,000.
(6) For weapons storage security in Russia,
$15,000,000.
(7) For activities designated as Defense and
Military-to-Military Contacts in Russia, Ukraine,
Belarus, and Kazakhstan, $10,000,000.
(8) For activities designated as Other Assessments/
Administrative Support, $20,900,000.
(9) For materials protection, control, and accounting
assistance or for destruction of nuclear, radiological,
biological, or chemical weapons or related materials at
any site within the former Soviet Union, $10,000,000.
(10) For transfer to the Secretary of Energy to
develop a cooperative program with the Government of
Russia to eliminate the production of weapons grade
plutonium at Russian reactors, $10,000,000.
(11) For dismantlement of biological and chemical
weapons facilities in the former Soviet Union,
$15,000,000.
(12) For expanding military-to-military programs of
the United States that focus on countering the threat
of proliferation of weapons of mass destruction to
include the security forces of the independent states
of the former Soviet Union, particularly states in the
Caucasus region and Central Asia, $2,000,000.
(b) Limited Authority To Vary Individual Amounts.--(1) \6\
If the Secretary of Defense determines that it is necessary to
do so in the national interest, the Secretary may, subject to
paragraph (2), obligate amounts for the purposes stated in any
of the paragraphs of subsection (a) in excess of the amount
specified for those purposes in that paragraph, but not in
excess of 115 percent of that amount. However, the total amount
obligated for the purposes stated in the paragraphs in
subsection (a) may not by reason of the use of the authority
provided in the preceding sentence exceed the sum of the
amounts specified in those paragraphs.
---------------------------------------------------------------------------
\6\ Sec. 1402(c) of Public Law 105-85 (111 Stat. 1959) provided the
following:
``(c) Limited Waiver of 115 Percent Cap on Obligation in Excess of
Amounts Authorized for Fiscal Years 1996 and 1997.--(1) The limitation
in subsection (b)(1) of section 1202 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat.
469), that provides that the authority provided in that sentence to
obligate amounts specified for Cooperative Threat Reduction purposes in
excess of the amount specified for each such purpose in subsection (a)
of that section may not exceed 115 percent of the amounts specified,
shall not apply with respect to subsection (a)(1) of such section for
purposes of strategic offensive weapons elimination in Russia or the
Ukraine.
``(2) The limitation in subsection (b)(1) of section 1502 of the
National Defense Authorization Act for Fiscal Year 1997 (Public Law
104-201; 110 Stat. 2732), that provides that the authority provided in
that sentence to obligate amounts specified for Cooperative Threat
Reduction purposes in excess of the amount specified for each such
purpose in subsection (a) of that section may not exceed 115 percent of
the amounts specified, shall not apply with respect to subsections
(a)(2) and (a)(3) of such section.''.
---------------------------------------------------------------------------
(2) An obligation for the purposes stated in any of the
paragraphs in subsection (a) in excess of the amount specified
in that paragraph may be made using the authority provided in
paragraph (1) only after--
(A) the Secretary submits to Congress a notification
of the intent to do so together with a complete
discussion of the justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
SEC. 1503. PROHIBITION ON USE OF FUNDS FOR SPECIFIED PURPOSES.
(a) In General.--None of the funds appropriated pursuant to
the authorization in section 301 for Cooperative Threat
Reduction programs, or appropriated for such programs for any
prior fiscal year and remaining available for obligation, may
be obligated or expended for any of the following purposes:
(1) Conducting with Russia any peacekeeping exercise
or other peacekeeping-related activity.
(2) Provision of housing.
(3) Provision of assistance to promote environmental
restoration.
(4) Provision of assistance to promote job
retraining.
(b) Limitation With Respect to Defense Conversion
Assistance.--None of the funds appropriated to the Department
of Defense for fiscal year 1997 may be obligated or expended
for defense conversion.
SEC. 1504. LIMITATION ON USE OF FUNDS UNTIL SPECIFIED REPORTS ARE
SUBMITTED.
None of the funds appropriated pursuant to the
authorization in section 301 for Cooperative Threat Reduction
programs may be obligated or expended until 15 days after the
date which is the latest of the following:
(1) The date on which the President submits to
Congress the determinations required under subsection
(c) of section 211 of Public Law 102-228 (22 U.S.C.
2551 note) with respect to any certification
transmitted to Congress under subsection (b) of that
section before the date of the enactment of this Act.
(2) The date on which the Secretary of Defense
submits to Congress the first report under section
1206(a) of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 471).
(3) The date on which the Secretary of Defense
submits to Congress the report for fiscal year 1996
required under section 1205(c) of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-
337; 108 Stat. 2883).
SEC. 1505. AVAILABILITY OF FUNDS.
Funds appropriated pursuant to the authorization of
appropriations in section 301 for Cooperative Threat Reduction
programs shall be available for obligation for three fiscal
years.
p. Cooperative Threat Reduction, Fiscal Year 1996
Partial text of Public Law 104-106 [National Defense Authorization Act
for Fiscal Year 1996; S. 1124], 110 Stat. 186, approved February 10,
1996; as amended by Public Law 104-201 [National Defense Authorization
Act for Fiscal Year 1997; H.R. 3230], 110 Stat. 2422, approved
September 23, 1996; Public Law 106-65 [National Defense Authorization
Act for Fiscal Year 2000; S. 1059], 113 Stat. 512, approved October 5,
1999; and Public Law 106-398 [Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2000; H.R. 4205], 114 Stat. 1654,
approved October 30, 2000
AN ACT 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, to
reform acquisition laws and information technology management of the
Federal Government, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 1996''.
* * * * * * *
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 1996 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for expenses, not
otherwise provided for, for operation and maintenance, in
amounts as follows:
(1)-(17) * * *
(18) For Cooperative Threat Reduction programs,
$300,000,000.\1\
---------------------------------------------------------------------------
\1\ Title II of the Department of Defense Appropriations Act
(Public Law 104-61; 109 Stat. 642, 674) provided the following:
---------------------------------------------------------------------------
``Former Soviet Union Threat Reduction
---------------------------------------------------------------------------
``For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure transportation and
storage of nuclear, chemical and other weapons; for establishing
programs to prevent the proliferation of weapons, weapons components,
and weapon-related technology and expertise; for programs relating to
the training and support of defense and military personnel for
demilitarization and protection of weapons, weapons components and
weapons technology and expertise; $300,000,000, to remain available
until expended.
---------------------------------------------------------------------------
* * * * * * *
``GENERAL PROVISIONS
* * * * * * *
---------------------------------------------------------------------------
``Sec. 8114. (a) Limitation.--Of the funds available under title II
under the heading `Former Soviet Union Threat Reduction' for
dismantlement and destruction of chemical weapons, not more than
$52,000,000 may be obligated or expended for that purpose until the
President certifies to Congress the following:
---------------------------------------------------------------------------
``(1) That the United States and Russia have completed a joint laboratory
study evaluating the proposal of Russia to neutralize its chemical weapons
and the United States agrees with the proposal.
``(2) That Russia is in the process of preparing, with the assistance of
the United States as necessary, a comprehensive plan to manage the
dismantlement and destruction of the Russia chemical weapons stockpile.
``(3) That the United States and Russia are committed to resolving
outstanding issues under the 1989 Wyoming Memorandum of Understanding and
the 1990 Bilateral Destruction Agreement.
---------------------------------------------------------------------------
``(b) Definitions.--In this section:
---------------------------------------------------------------------------
``(1) The term `1989 Wyoming Memorandum of Understanding' means the
Memorandum of Understanding between the Government of the United States of
America and the Government of the Union of Soviet Socialist Republics
Regarding a Bilateral Verification Experiment and Data Exchange Related to
Prohibition on Chemical Weapons, signed at Jackson Hole, Wyoming, on
September 23, 1989.
``(2) The term `1990 Bilateral Destruction Agreement' means the Agreement
between the United States of America and the Union of Soviet Socialist
Republics on destruction and non-production of chemical weapons and on
measures to facilitate the multilateral convention on banning chemical
weapons signed on June 1, 1990.''.
(19) * * *
* * * * * * *
TITLE XII--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
UNION
SEC. 1201.\2\ SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS.
(a) In General.--For purposes of section 301 and other
provisions of this Act, Cooperative Threat Reduction programs
are the programs specified in subsection (b).
---------------------------------------------------------------------------
\2\ 22 U.S.C. 5955 note.
---------------------------------------------------------------------------
(b) Specified Programs.--The programs referred to in
subsection (a) are the following programs with respect to
states of the former Soviet Union:
(1) Programs to facilitate the elimination, and the
safe and secure transportation and storage, of nuclear,
chemical, and other weapons, fissile material suitable
for use in nuclear weapons,\3\ and their delivery
vehicles.
---------------------------------------------------------------------------
\3\ Sec. 1431 of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 110 Stat. 2726) inserted ``, fissile
material suitable for use in nuclear weapons,'' after ``other
weapons''.
---------------------------------------------------------------------------
(2) Programs to facilitate the safe and secure
storage of fissile materials derived from the
elimination of nuclear weapons.
(3) Programs to prevent the proliferation of weapons,
weapons components, and weapons-related technology and
expertise.
(4) Programs to expand military-to-military and
defense contacts.
SEC. 1202. FISCAL YEAR 1996 FUNDING ALLOCATIONS.
(a) In General.--Of the amount appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative
Threat Reduction programs, not more than the following amounts
may be obligated for the purposes specified:
(1) For elimination of strategic offensive weapons in
Russia, Ukraine, Belarus, and Kazakhstan, $90,000,000.
(2) For weapons security in Russia, $42,500,000.
(3) For the Defense Enterprise Fund, $0.
(4) For nuclear infrastructure elimination in
Ukraine, Belarus, and Kazakhstan, $35,000,000.
(5) For planning and design of a storage facility for
Russian fissile material, $29,000,000.
(6) For planning and design of a chemical weapons
destruction facility in Russia, $73,000,000.
(7) For activities designated as Defense and Military
Contacts/General Support/Training in Russia, Ukraine,
Belarus, and Kazakhstan, $10,000,000.
(8) For activities designated as Other Assessments/
Support $20,500,000.
(b) Limited Authority To Vary Individual Amounts.--(1) \4\
If the Secretary of Defense determines that it is necessary to
do so in the national interest, the Secretary may, subject to
paragraph (2), obligate amounts for the purposes stated in any
of the paragraphs of subsection (a) in excess of the amount
specified for those purposes in that paragraph, but not in
excess of 115 percent of that amount. However, the total amount
obligated for the purposes stated in the paragraphs in
subsection (a) may not by reason of the use of the authority
provided in the preceding sentence exceed the sum of the
amounts specified in those paragraphs.
---------------------------------------------------------------------------
\4\ Sec. 1402(c) of Public Law 105-85 (111 Stat. 1959) provided the
following:
``(c) Limited Waiver of 115 Percent Cap on Obligation in Excess of
Amounts Authorized for Fiscal Years 1996 and 1997.--(1) The limitation
in subsection (b)(1) of section 1202 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat.
469), that provides that the authority provided in that sentence to
obligate amounts specified for Cooperative Threat Reduction purposes in
excess of the amount specified for each such purpose in subsection (a)
of that section may not exceed 115 percent of the amounts specified,
shall not apply with respect to subsection (a)(1) of such section for
purposes of strategic offensive weapons elimination in Russia or the
Ukraine.
``(2) The limitation in subsection (b)(1) of section 1502 of the
National Defense Authorization Act for Fiscal Year 1997 (Public Law
104-201; 110 Stat. 2732), that provides that the authority provided in
that sentence to obligate amounts specified for Cooperative Threat
Reduction purposes in excess of the amount specified for each such
purpose in subsection (a) of that section may not exceed 115 percent of
the amounts specified, shall not apply with respect to subsections
(a)(2) and (a)(3) of such section.''.
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(2) An obligation for the purposes stated in any of the
paragraphs in subsection (a) in excess of the amount specified
in that paragraph may be made using the authority provided in
paragraph (1) only after--
(A) the Secretary submits to Congress a notification
of the intent to do so together with a complete
discussion of the justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
(c) Reimbursement of Pay Accounts.--Funds appropriated
pursuant to the authorization of appropriations in section 301
for Cooperative Threat Reduction programs may be transferred to
military personnel accounts for reimbursement of those accounts
for the amount of pay and allowances paid to reserve component
personnel for service while engaged in any activity under a
Cooperative Threat Reduction program.
SEC. 1203. PROHIBITION ON USE OF FUNDS FOR PEACEKEEPING EXERCISES AND
RELATED ACTIVITIES WITH RUSSIA.
None of the funds appropriated pursuant to the
authorization in section 301 for Cooperative Threat Reduction
programs may be obligated or expended for the purpose of
conducting with Russia any peacekeeping exercise or other
peacekeeping-related activity.
SEC. 1204. REVISION TO AUTHORITY FOR ASSISTANCE FOR WEAPONS
DESTRUCTION.
Section 211 of Public Law 102-228 (22 U.S.C. 2551 note) is
amended by adding at the end the following new subsection:
``(c) As part of a transmission to Congress under
subsection (b) of a certification that a proposed recipient of
United States assistance under this title is committed to
carrying out the matters specified in each of paragraphs (1)
through (6) of that subsection, the President shall include a
statement setting forth, in unclassified form (together with a
classified annex if necessary), the determination of the
President, with respect to each such paragraph, as to whether
that proposed recipient is at that time in fact carrying out
the matter specified in that paragraph.''.
SEC. 1205.\5\ PRIOR NOTICE TO CONGRESS OF OBLIGATION OF FUNDS.
(a) Annual Requirement.--(1) Not less than 15 days before
any obligation of any funds appropriated for any fiscal year
for a program specified under section 1201 as a Cooperative
Threat Reduction program, the Secretary of Defense shall submit
to the congressional committees specified in paragraph (2) a
report on that proposed obligation for that program for that
fiscal year.
---------------------------------------------------------------------------
\5\ 22 U.S.C. 5955 note.
---------------------------------------------------------------------------
(2) The congressional committees referred to in paragraph
(1) are the following:
(A) The Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations
of the Senate.
(B) The Committee on National Security, \6\ the
Committee on International Relations, and the Committee
on Appropriations of the House of Representatives.
---------------------------------------------------------------------------
\6\ The House Committee on National Security reverted back to its
former name, Committee on Armed Services, in the 106th Congress.
Congress did not enact legislation, however, to universally amend
reference to that committee in Public Law. Sec. 1067 of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113
Stat. 774) did make such a change in specific pieces of legislation and
10 United States Code.
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(b) Matters To Be Specified in Reports.--Each such report
shall specify--
(1) the activities and forms of assistance for which
the Secretary of Defense plans to obligate funds;
(2) the amount of the proposed obligation; and
(3) the projected involvement (if any) of any
department or agency of the United States (in addition
to the Department of Defense) and of the private sector
of the United States in the activities and forms of
assistance for which the Secretary of Defense plans to
obligate such funds.
SEC. 1206.\7\ * * * [REPEALED--2000]
SEC. 1207. LIMITATION ON ASSISTANCE TO NUCLEAR WEAPONS SCIENTISTS OF
FORMER SOVIET UNION.
Amounts appropriated pursuant to the authorization of
appropriations in section 301 for Cooperative Threat Reduction
programs may not be obligated for any program established
primarily to assist nuclear weapons scientists in states of the
former Soviet Union until 30 days after the date on which the
Secretary of Defense certifies in writing to Congress that the
funds to be obligated will not be used (1) to contribute to the
modernization of the strategic nuclear forces of such states,
or (2) for research, development, or production of weapons of
mass destruction.
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\7\ Formerly at 22 U.S.C. 5955 note. Required a report on
accounting for U.S. assistance. Sec. 1308(g)(1)(C) of Public Law 106-
398 (114 Stat. 1654A-343) repealed this section. Sec. 1308 of that Act
repealed several CTR reporting requirements and established a new,
consolidated, report on activities and assistance under CTR programs.
---------------------------------------------------------------------------
SEC. 1208.\8\ LIMITATION RELATING TO OFFENSIVE BIOLOGICAL WARFARE
PROGRAM OF RUSSIA.
(a) Limitation.--Of the amount appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative
Threat Reduction programs that is available for the purpose
stated in section 1202(a)(6), $60,000,000 may not be obligated
or expended until the President submits to Congress either a
certification as provided in subsection (b) or a certification
as provided in subsection (c).
---------------------------------------------------------------------------
\8\ In a memorandum of April 1, 1996, the President delegated to
the Secretary of State the authorities and duties vested in the
President under this section, to be exercised in consultation with the
Secretary of Defense (61 F.R. 26017; May 23, 1996).
---------------------------------------------------------------------------
(b) Certification With Respect to Offensive Biological
Warfare Program of Russia.--A certification under this
subsection is a certification by the President of each of the
following:
(1) That Russia is in compliance with its obligations
under the Biological Weapons Convention.
(2) That Russia has agreed with the United States and
the United Kingdom on a common set of procedures to
govern visits by officials of the United States and
United Kingdom to military biological facilities of
Russia, as called for under the Joint Statement on
Biological Weapons issued by officials of the United
States, the United Kingdom, and Russia on September 14,
1992.
(3) That visits by officials of the United States and
United Kingdom to the four declared military biological
facilities of Russia have occurred.
(c) Alternative Certification.--A certification under this
subsection is a certification by the President that the
President is unable to make a certification under subsection
(b).
(d) Use of Funds Upon Alternative Certification.--If the
President makes a certification under subsection (c), the
$60,000,000 specified in subsection (a)--
(1) shall not be available for the purpose stated in
section 1202(a)(6); and
(2) shall be available for activities in Ukraine,
Kazakhstan, and Belarus--
(A) for the elimination of strategic
offensive weapons (in addition to the amount
specified in section 1202(a)(1)); and
(B) for nuclear infrastructure elimination
(in addition to the amount specified in section
1202(a)(4)).
SEC. 1209. LIMITATION ON USE OF FUNDS FOR CHEMICAL WEAPONS DESTRUCTION
FACILITY.
(a) Limitation.--Of the amount appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative
Threat Reduction programs that is available for planning and
design of a chemical weapons destruction facility, not more
than one-half of such amount may be obligated or expended until
the President certifies to Congress the following:
(1) That the United States and Russia have completed
a joint laboratory study to determine the feasibility
of an appropriate technology for destruction of
chemical weapons of Russia.
(2) That Russia is making reasonable progress, with
the assistance of the United States (if necessary),
toward the completion of a comprehensive implementation
plan for managing and funding the dismantlement and
destruction of Russia's chemical weapons stockpile.
(3) That the United States and Russia have made
substantial progress toward resolution, to the
satisfaction of the United States, of outstanding
compliance issues under the 1989 Wyoming Memorandum of
Understanding and the 1990 Bilateral Destruction
Agreement.
(b) Definitions.--In this section:
(1) The term ``1989 Wyoming Memorandum of
Understanding'' means the Memorandum of Understanding
between the Government of the United States of America
and the Government of the Union of Soviet Socialist
Republics Regarding a Bilateral Verification Experiment
and Data Exchange Related to Prohibition on Chemical
Weapons, signed at Jackson Hole, Wyoming, on September
23, 1989.
(2) The term ``1990 Bilateral Destruction Agreement''
means the Agreement between the United States of
America and the Union of Soviet Socialist Republics on
destruction and nonproduction of chemical weapons and
on measures to facilitate the multilateral convention
on banning chemical weapons signed on June 1, 1990.
* * * * * * *
q. Cooperative Threat Reduction, Fiscal Year 1995
Partial text of Public Law 103-337 [National Defense Authorization Act
for Fiscal Year 1995; S. 2182], 108 Stat. 2663, approved October 5,
1994; as amended by Public Law 104-106 [National Defense Authorization
Act for Fiscal Year 1996; S. 1124], 110 Stat. 186, approved February
10, 1996; and Public Law 106-398 [Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2000; H.R. 4205], 114 Stat. 1654,
approved October 30, 2000
AN ACT To authorize appropriations for fiscal year 1995 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.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 1995''.
* * * * * * *
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 1995 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for expenses, not
otherwise provided for, for operation and maintenance in
amounts as follows:
(1)-(18) * * *
(19) For Cooperative Threat Reduction programs,
$400,000,000.\1\
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\1\ Title II of the Department of Defense Appropriations Act, 1995
(Public Law 103-335; 108 Stat. 2606), provided the following:
---------------------------------------------------------------------------
``Former Soviet Union Threat Reduction
---------------------------------------------------------------------------
``For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure transportation and
storage of nuclear, chemical and other weapons; for providing
incentives for demilitarization; for establishing programs to prevent
the proliferation of weapons, weapons components, and weapon-related
technology and expertise; for programs relating to the training and
support of defense and military personnel for demilitarization and
protection of weapons, weapons components and weapons technology and
expertise; for supporting the demilitarization of military technologies
and production infrastructure; $400,000,000, to remain available until
expended: Provided, That of the funds appropriated under this heading,
$10,000,000 shall be made available only for the continuing study,
assessment, and identification of nuclear waste disposal by the former
Soviet Union in the Arctic and North Pacific regions.''.
---------------------------------------------------------------------------
(20) * * *
* * * * * * *
TITLE XII--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
UNION
* * * * * * *
SEC. 1201.\2\ COOPERATIVE THREAT REDUCTION PROGRAMS.
For purposes of section 301 and other provisions of this
Act, Cooperative Threat Reduction programs are the programs
described in section 1203(b) of the Cooperative Threat
Reduction Act of 1993 (title XII of Public Law 103-160; 107
Stat. 1778; 22 U.S.C. 5952(b)).
---------------------------------------------------------------------------
\2\ 22 U.S.C. 5952 note.
---------------------------------------------------------------------------
SEC. 1202. EXTENSION OF SEMIANNUAL REPORT ON COOPERATIVE THREAT
REDUCTION PROGRAMS.
Section 1207 of the Cooperative Threat Reduction Act of
1993 (title XII of Public Law 103-160 \3\; 107 Stat. 1782) is
amended--* * *
---------------------------------------------------------------------------
\3\ Originally read ``Public Law 103-60''. Sec. 1504(a)(7)(A) of
the National Defense Authorization Act for Fiscal Year 1996 (Public Law
104-106; 110 Stat. 513) corrected this section to read ``Public Law
103-160''.
\4\ Sec. 1203 required a report on accounting for U.S. assistance.
Sec. 1308(g)(1)(B) of Public Law 106-398 (114 Stat. 1654A-343) repealed
this section. Sec. 1308 of that Act repealed several CTR reporting
requirements and established a new, consolidated, report on activities
and assistance under CTR programs.
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SEC. 1203.\4\ * * * [REPEALED--2000]
SEC. 1204. REPORT ON CONTROL AND ACCOUNTABILITY OF MATERIAL RELATING TO
WEAPONS OF MASS DESTRUCTION.
The Secretary of Defense shall submit to Congress a report
on progress being made in each state of the former Soviet Union
that is a recipient of assistance under Cooperative Threat
Reduction programs toward the development of an effective
system of control and accountability for material related to
weapons of mass destruction in that country. Under such a
system, officials of the United States and of the recipient
country should have an accurate accounting of the weapons of
mass destruction in that country and the fissile and chemical
materials from those weapons. The report shall be submitted not
later than three months after the date of the enactment of this
Act.
---------------------------------------------------------------------------
\5\ Formerly at 22 U.S.C. 5952 note. Pertained to multiyear
planning, allied support; required a report on funding to Congress.
Sec. 1308(g)(2) of Public Law 106-398 (114 Stat. 1654) repealed this
section, ``effective on the date the Secretary of Defense submits to
Congress an updated version of the multiyear plans for fiscal year 2001
as described in subsection (h)'' of that Act.
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SEC. 1205.\5\ * * * [REPEALED--2000]
SEC. 1206. FUNDING LIMITATIONS ON COOPERATIVE THREAT REDUCTION PROGRAM
FOR FISCAL YEAR 1995.
(a) Program Amounts.--Of the amount authorized to be
appropriated in section 301 for Cooperative Threat Reduction
programs--
(1) not more than $60,000,000 may be obligated for
the demilitarization of defense industries and the
conversion of military technologies and capabilities
into civilian activities;
(2) not more than $200,000,000 may be obligated for
Weapons Dismantlement, Destruction, and
Denuclearization;
(3) not more than $60,000,000 may be obligated for
Safety and Security, Transportation, and Storage;
(4) not more than $40,000,000 may be obligated for
Nonproliferation;
(5) not more than $20,000,000 may be obligated for
Defense and Military-to-Military Contacts; and
(6) not more than $20,000,000 may be obligated for
other authorized programs and activities.
(b) Limited Authority To Exceed Individual Limitation
Amounts.--(1) If the Secretary of Defense determines that it is
necessary to do so in the national interest, the Secretary may,
subject to paragraph (2), obligate amounts for the purposes
stated in any of the paragraphs of subsection (a) in excess of
the amount specified for those purposes in that paragraph.
However, the total amount obligated for the purposes stated in
the paragraphs in subsection (a) may not by reason of the use
of the authority provided in the preceding sentence exceed the
sum of the amounts specified in those paragraphs.
(2) An obligation for the purposes stated in any of the
paragraphs in subsection (a) in excess of the amount specified
in that paragraph may be made using the authority provided in
paragraph (1) only after--
(A) the Secretary submits to Congress a notification
of the intent to do so together with a complete
discussion of the justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
SEC. 1207. REPORT ON OFFENSIVE BIOLOGICAL WARFARE PROGRAM OF THE STATES
OF THE FORMER SOVIET UNION.
(a) Findings.--Congress makes the following findings:
(1) The United States has identified nonproliferation
of weapons of mass destruction as a high priority in
the conduct of United States national security policy.
(2) The United States is seeking universal adherence
to global regimes that control nuclear, chemical, and
biological weapons and is promoting new measures that
provide increased transparency of biological weapons-
related activities and facilities in an effort to help
deter violations of and enhance compliance with the
Biological Weapons Convention.
(3) In early 1992, Russian President Boris Yeltsin
indicated to former United States President George Bush
that Russia still had an offensive biological weapons
program.
(4) A United States Government report dated January
19, 1993, on arms control noncompliance noted that
Russian declarations up to that date had dramatically
underestimated the size, scope, and maturity of the
former Soviet biological weapons program.
(5) Despite President Yeltsin's decree of April 11,
1993, stating that activities in violation of the
Biological Weapons Convention are illegal, questions
continue to arise regarding offensive biological
weapons research, development, testing, production, and
storage in Russia as well as in other countries.
(6) A United States Government report, dated June 23,
1994, states the following: ``The United States has
determined that the offensive biological warfare
program that Russia inherited from the Soviet Union
violated the Biological Weapons Convention through at
least March 1992. The Soviet offensive biological
weapons program was massive, and included production,
weaponization, and stockpiling. The status of the
program since that time remains unclear and the U.S.
remains concerned about the Russian biological warfare
program.''.
(7) The Joint Statement on Biological Weapons issued
by officials of the United States, the United Kingdom,
and Russia on September 14, 1992, confirmed the
commitment of the three governments to full compliance
with the Biological Weapons Convention and outlined
steps designed to increase confidence in that
commitment.
(8) The Presidents of Russia and the United States
are scheduled to hold a summit meeting in Washington
during the month of September 1994.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the President should continue to urge all
signatories to the Biological Weapons Convention to
comply fully with the terms of that convention and with
other international agreements relating to the control
of biological weapons;
(2) the President should keep the Congress fully and
currently informed regarding any Russian activities
related to offensive biological weapons;
(3) the President should continue to insist that the
Russian Government complete the steps noted and agreed
to in the Joint Statement on Biological Weapons issued
by officials of the United States, the United Kingdom,
and Russia on September 14, 1992;
(4) subsequent meetings of representatives of the
United States, the United Kingdom, and Russia on
biological weapons and the September 1994 summit
meeting in Washington provide opportunities for the
President to again emphasize the importance of
resolving the issues related to compliance with the
Biological Weapons Convention;
(5) in assessing the President's fiscal year 1996
budget request for foreign assistance funds for Russia,
and for other programs and activities to provide
assistance to Russia, including the Cooperative Threat
Reduction programs, Congress will consider United
States Government assessments of Russia's compliance
with its obligations under the Biological Weapons
Convention; and
(6) as the President encourages increased
transparency of biological weapons-related activities
and facilities to deter violations of, and enhance
compliance with, the Biological Weapons Convention, the
President should also take appropriate actions to
ensure that the United States is prepared to counter
the effects of use of biological weapons by others.
(c) \6\ Presidential Reports.--Not later than February 1,
1995, not later than June 1, 1995, and not later than October
1, 1995, the President shall submit to Congress a report, in
classified and unclassified forms, containing an assessment of
the extent of compliance of the independent states of the
former Soviet Union with the Biological Weapons Convention and
other international agreements relating to the control of
biological weapons.
---------------------------------------------------------------------------
\6\ In a memorandum of February 15, 1995, the President delegated
the authority and functions laid out in sec. 1207(c) to the Secretary
of State, in consultation with the Secretary of Defense (60 F.R. 10791;
February 28, 1995).
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(d) Content of Report.--The report shall include the
following:
(1) Matters related to compliance.--
(A) An evaluation of the extent of control
and oversight by the government of the Russian
Federation over the former Soviet military and
dual civilian-military biological warfare
programs.
(B) The extent, if any, of the biological
warfare agent stockpile in any of the
independent states of the former Soviet Union.
(C) The extent and scope, if any, of
continued biological warfare research,
development, testing, and production by such
states, including the sites and types of
activity at those sites.
(D) An evaluation of the effectiveness of
possible delivery systems of biological
weapons, including tube and rocket artillery,
aircraft, and ballistic missiles.
(E) An assessment of measures taken by the
Russian Government to complete the steps noted
and agreed to in the 1992 Joint Statement on
Biological Weapons referred to in subsection
(b)(3), including a determination of the extent
to which Russia has--
(i) agreed to permit visits to
military and nonmilitary biological
sites in order to attempt to resolve
ambiguities;
(ii) provided information about
biological weapons dismantlement
accomplished to date, and further
clarification of information provided
in its United Nations Declarations
regarding biological weapons;
(iii) been cooperative in exchanging
information on a confidential,
reciprocal basis concerning past
offensive biological weapons programs
not recorded in detail in its
declarations to the United Nations;
(iv) cooperated in reviewing
potential additional measures to
monitor compliance with the Biological
Weapons Convention and modalities for
testing such measures;
(v) agreed to an examination of the
physical infrastructure of its
biological facilities to determine
whether there is specific equipment or
excess capacity inconsistent with their
stated purpose;
(vi) helped identify ways to promote
cooperation and investment in the
conversion of biological weapons
facilities; and
(vii) agreed to exchanges of
scientists at biological facilities on
a long-term basis.
(2) Matters related to united states capabilities.--
(A) An evaluation of United States
capabilities to detect and monitor biological
warfare research, development, testing,
production, and storage.
(B) On the basis of the assessment and
evaluations referred to in other provisions of
the report, recommendations by the Secretary of
Defense and Chairman of the Joint Chiefs of
Staff for the improvement of United States
biological warfare defense and counter-
measures.
(e) Limitation.--Of the amount authorized to be
appropriated by section 301 for Cooperative Threat Reduction
programs, $25,000,000 may not be obligated until the President
submits to Congress the first report required under subsection
(c).
SEC. 1208. COORDINATION OF CERTAIN COOPERATIVE THREAT REDUCTION
PROGRAMS.
(a) Military-to-Military Contact Programs.--(1) None of the
funds authorized to be appropriated in section 301 for
Cooperative Threat Reduction programs may be obligated for
activities under a military-to-military contact program until
the Secretary of Defense and the Secretary of State submit to
Congress a joint report on the coordination of military-to-
military contact programs and comparable activities carried out
under their respective jurisdictions.
(2) The report shall cover the following programs and
activities:
(A) Defense and military-to-military contact programs
to be carried out using funds authorized to be
appropriated in section 301 for Cooperative Threat
Reduction programs.
(B) Military-to-military contacts and comparable
activities that are authorized by section 168 of title
10, United States Code, as added by section 1316.
(C) Programs authorized under chapter 5 of part II of
the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et
seq.).
(3) The report shall include a discussion of how the
programs and activities referred to in paragraph (2) are
carried out to maximize--
(A) the effect of such programs and activities in
enhancing United States foreign policy objectives; and
(B) cost-efficiency in the conduct of the programs
and activities.
(b) Report.--Section 1207 of the Cooperative Threat
Reduction Act of 1993 (title XII of Public Law 103-160; 107
Stat. 1777; 22 U.S.C. 5956), is amended by adding at the end
the following new paragraph: * * *
SEC. 1209. SENSE OF CONGRESS CONCERNING SAFE AND SECURE DISMANTLEMENT
OF SOVIET NUCLEAR ARSENAL.
(a) Findings.--Congress makes the following findings:
(1) It is a pressing national security challenge for
the United States to expedite the safe and secure
dismantlement of the nuclear arsenal of the former
Soviet Union.
(2) In particular, it is essential to expedite the
return of strategic nuclear warheads from Ukraine,
Belarus, and Kazakhstan and to expedite the safe and
secure dismantlement of the nuclear delivery vehicles
of Ukraine, Belarus, and Kazakhstan.
(3) Leakage of nuclear materials and technology, and
the continuing threat of emigration of scientists and
technicians from the former Soviet nuclear weapons
complex, pose a grave threat to United States national
security and to international stability.
(4) Congress has authorized so-called ``Nunn-Lugar''
funds to enable the Department of Defense to carry out
cooperative activities with states of the former Soviet
Union to address the threats described in paragraphs
(1), (2), and (3).
(b) Sense of Congress.--In light of the findings in
subsection (a), it is the sense of Congress that--
(1) the Secretary of Defense and the Secretary of
State should continue to give their serious attention
to carrying out a coordinated strategy for addressing
the urgent national security issues described in
subsection (a);
(2) the United States should expedite the
availability and effective application of so-called
``Nunn-Lugar'' funds;
(3) although activities conducted with those funds
should, to the extent feasible, draw upon United States
technology and expertise, the United States should work
with local contractors in Belarus, Kazakhstan, Russia,
and Ukraine when doing so would expedite more effective
use of those funds; and
(4) efforts should be made to make the Science and
Technology Centers in Moscow and Kiev, designed to slow
the emigration of scientists and technicians from the
former Soviet weapons complex, fully operational on an
expedited basis.
* * * * * * *
r. Cooperative Threat Reduction Act of 1993
Partial text of Public Law 103-160 [National Defense Authorization Act
for Fiscal Year 1994; H.R. 2401], 107 Stat. 1547 at 1777, approved
November 30, 1993; as amended by Public Law 103-337 [National Defense
Authorization Act for Fiscal Year 1995; S. 2182], 108 Stat. 2663,
approved October 5, 1994; Public Law 106-398 [Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2000; H.R. 4205], 114 Stat.
1654, approved October 30, 2000; Public Law 107-314 [Bob Stump National
Defense Authorization Act for Fiscal Year 2003; H.R. 4546], 116 Stat.
2458, approved December 2, 2002; Public Law 110-53 [Implementing
Recommendations of the 9/11 Commission Act of 2007; H.R. 1], 121 Stat.
266, approved August 3, 2007; and Public Law 110-181 [National Defense
Authorization Act for Fiscal Year 2008; H.R. 4986], 122 Stat. 3,
approved January 28, 2008
AN ACT To authorize appropriations for fiscal year 1994 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.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 1994 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for expenses, not
otherwise provided for, for operation and maintenance in
amounts as follows:
(1)-(20) * * *
(21) For Former Soviet Union Threat Reduction,
$400,000,000.\1\
---------------------------------------------------------------------------
\1\ Title II of the Department of Defense Appropriations Act, 1994
(Public Law 103-139; 107 Stat. 1426), provided the following:
---------------------------------------------------------------------------
``Former Soviet Union Threat Reduction
---------------------------------------------------------------------------
``For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure transportation and
storage of nuclear, chemical and other weapons; for providing
incentives for demilitarization; for establishing programs to prevent
the proliferation of weapons, weapons components, and weapon-related
technology and expertise; for expansion of military-to-military
contacts; for supporting the conversion of military technologies and
capabilities into civilian activities; and for retraining military
personnel of the former Soviet Union; $400,000,000, to remain available
until expended: Provided, That of the funds appropriated under this
heading, $10,000,000 shall be made available only for the continuing
study, assessment, and identification of nuclear waste disposal by the
former Soviet Union in the Arctic and North Pacific region: Provided
further, That the transfer authority provided in section 9110(a) of the
Department of Defense Appropriations Act, 1993, shall continued to be
in effect during fiscal year 1994: Provided further, That any transfer
made under the foregoing proviso in this paragraph shall be subject to
the limitations and the reporting requirements stipulated in section
8006 of this Act: Provided further, That the Director of Central
Intelligence shall report to the President and the Congressional
defense, foreign affairs, and intelligence committees on the current
status of intercontinental ballistic missile development and production
in states eligible for assistance under this heading: Provided further,
That none of the funds appropriated under this heading may be expended
or transferred to an otherwise eligible recipient state if the
President concludes, and notifies the Congressional defense, foreign
affairs, and intelligence committees in a written report, that the
potential recipient is currently engaged in the production of a new
road mobile or fixed-site land based intercontinental ballistic missile
armed with multiple nuclear re-entry vehicles.''.
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* * * * * * *
TITLE XII--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
UNION
SEC. 1201.\2\ SHORT TITLE.
This title may be cited as the ``Cooperative Threat
Reduction Act of 1993''.
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\2\ 22 U.S.C. 5951 note.
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SEC. 1202.\3\ FINDINGS ON COOPERATIVE THREAT REDUCTION.
The Congress finds that it is in the national security
interest of the United States for the United States to do the
following:
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\3\ 22 U.S.C. 5951.
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(1) Facilitate, on a priority basis, the
transportation, storage, safeguarding, and elimination
of nuclear and other weapons of the independent states
of the former Soviet Union, including--
(A) the safe and secure storage of fissile
materials derived from the elimination of
nuclear weapons;
(B) the dismantlement of (i) intercontinental
ballistic missiles and launchers for such
missiles, (ii) submarine-launched ballistic
missiles and launchers for such missiles, and
(iii) heavy bombers; and
(C) the elimination of chemical, biological
and other weapons capabilities.
(2) Facilitate, on a priority basis, the prevention
of proliferation of weapons (and components of weapons)
of mass destruction and destabilizing conventional
weapons of the independent states of the former Soviet
Union and the establishment of verifiable safeguards
against the proliferation of such weapons and
components.
(3) Facilitate, on a priority basis, the prevention
of diversion of weapons-related scientific expertise of
the independent states of the former Soviet Union to
terrorist groups or third world countries.
(4) Support (A) the demilitarization of the defense-
related industry and equipment of the independent
states of the former Soviet Union, and (B) the
conversion of such industry and equipment to civilian
purposes and uses.
(5) Expand military-to-military and defense contacts
between the United States and the independent states of
the former Soviet Union.
SEC. 1203.\4\ AUTHORITY FOR PROGRAMS TO FACILITATE COOPERATIVE THREAT
REDUCTION.
(a) In General.--Notwithstanding any other provision of
law, the President may conduct programs described in subsection
(b) to assist the independent states of the former Soviet Union
in the demilitarization of the former Soviet Union. Any such
program may be carried out only to the extent that the
President determines that the program will directly contribute
to the national security interests of the United States.
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\4\ 22 U.S.C. 5952. See also sec. 3131 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat.
617).
In a memorandum of January 29, 1994, the President delegated
authorities and duties in sections 1203 through 1207 as follows:
``* * * I hereby delegate:
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``1. to the Secretary of State the authority and duty vested in the
President under section 1203(d) of the Cooperative Threat Reduction Act of
1993, Title XII of the National Defense Authorization Act for Fiscal Year
1994 (Public Law 103-160);
``2. to the Secretary of Defense the authorities and duties vested in the
President under sections 1203(a), 1204, 1206, and 1207 of Public Law 103-
160.
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``The Secretary of Defense shall not exercise authority delegated
by number 2 hereof with respect to any former Soviet republic unless
the Secretary of State has exercised his authority and performed the
duty delegated by number 1 hereof, as applicable, with respect to that
former Soviet republic. The Secretary of Defense shall not obligated
funds in exercise of authority delegated by number 2 hereof unless the
Director of the Office of Management and Budget has made the
determination that expenditures are to be counted as discretionary
spending in the national defense budget (050), as applicable to the
funds to be transferred.'' (59 F.R. 5929; February 9, 1994).
Sec. 1811(2) of the Implementing Recommendations of the 9/11
Commission Act of 2007 (Public Law 110-53; 121 Stat. 492) repealed
subsec. (d) of this section, which prohibited assistance to former
states of the Soviet Union if the President did not certify that such
states were meeting requirements listed in the subsection. For the text
of former subsec. (d) and accompanying notes, see Legislation on
Foreign Relations Through 2005, Vol. II-B, pp. 125-26. Sec. 1304(a)(2)
of the National Defense Authorization Act for Fiscal Year 2008 (Public
Law 110-181; 122 Stat. 412) contains a provision to strike out this
already repealed subsection.
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(b) Authorized Programs.--The programs referred to in
subsection (a) are the following:
(1) Programs to facilitate the elimination, and the
safe and secure transportation and storage, of nuclear,
chemical, and other weapons and their delivery
vehicles.
(2) Programs to facilitate the safe and secure
storage of fissile materials derived from the
elimination of nuclear weapons.
(3) Programs to prevent the proliferation of weapons,
weapons components, and weapons-related technology and
expertise.
(4) Programs to expand military-to-military and
defense contacts.
(5) Programs to facilitate the demilitarization of
defense industries and the conversion of military
technologies and capabilities into civilian activities.
(6) Programs to assist in the environmental
restoration of former military sites and installations
when such restoration is necessary to the
demilitarization or conversion programs authorized in
paragraph (5).
(7) Programs to provide housing for former military
personnel of the former Soviet Union released from
military service in connection with the dismantlement
of strategic nuclear weapons, when provision of such
housing is necessary for dismantlement of strategic
nuclear weapons and when no other funds are available
for such housing.
(8) Other programs as described in section 212(b) of
the Soviet Nuclear Threat Reduction Act of 1991 (title
II of Public Law 102-228; 22 U.S.C. 2551 note) and
section 1412(b) of the Former Soviet Union
Demilitarization Act of 1992 (title XIV of Public Law
102-484; 22 U.S.C. 5901 et seq.).
(c) United States Participation.--The programs described in
subsection (b) should, to the extent feasible, draw upon United
States technology and expertise, especially from the private
sector of the United States.
SEC. 1204.\5\ DEMILITARIZATION ENTERPRISE FUND.
(a) Designation of Fund.--The President is authorized to
designate a Demilitarization Enterprise Fund for the purposes
of this section. The President may designate as the
Demilitarization Enterprise Fund any organization that
satisfies the requirements of subsection (e).
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\5\ 22 U.S.C. 5953.
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(b) Purpose of Fund.--The purpose of the Demilitarization
Enterprise Fund is to receive grants pursuant to this section
and to use the grant proceeds to provide financial support
under programs described in subsection (b)(5) for
demilitarization of industries and conversion of military
technologies and capabilities into civilian activities.
(c) Grant Authority.--The President may make one or more
grants to the Demilitarization Enterprise Fund.
(d) Risk Capital Funding of Demilitarization.--The
Demilitarization Enterprise Fund shall use the proceeds of
grants received under this section to provide financial support
in accordance with subsection (b) through transactions as
follows:
(1) Making loans.
(2) Making grants.
(3) Providing collateral for loan guaranties by the
Export-Import Bank of the United States.
(4) Taking equity positions.
(5) Providing venture capital in joint ventures with
United States industry.
(6) Providing risk capital through any other form of
transaction that the President considers appropriate
for supporting programs described in subsection (b)(5).
(e) Eligible Organization.--An organization is eligible for
designation as the Demilitarization Enterprise Fund if the
organization--
(1) is a private, nonprofit organization;
(2) is governed by a board of directors consisting of
private citizens of the United States; and
(3) provides assurances acceptable to the President
that it will use grants received under this section to
provide financial support in accordance with this
section.
(f) Operational Provisions.--The following provisions of
section 201 of the Support for East European Democracy (SEED)
Act of 1989 (Public Law 101-179; 22 U.S.C. 5421) shall apply
with respect to the Demilitarization Enterprise Fund in the
same manner as such provisions apply to Enterprise Funds
designated pursuant to subsection (d) of such section:
(1) Subsection (d)(5), relating to the private
character of Enterprise Funds.
(2) Subsection (h), relating to retention of interest
earned in interest bearing accounts.
(3) Subsection (i), relating to use of United States
private venture capital.
(4) Subsection (k), relating to support from
Executive agencies.
(5) Subsection (l), relating to limitation on
payments to Fund personnel.
(6) Subsections (m) and (n), relating to audits.
(7) Subsection (o), relating to record keeping
requirements.
(8) Subsection (p), relating to annual reports.
In addition, returns on investments of the Demilitarization
Enterprise Fund and other payments to the Fund may be
reinvested in projects of the Fund.
(g) Experience of Other Enterprise Funds.--To the maximum
extent practicable, the Board of Directors of the
Demilitarization Enterprise Fund should adopt for that Fund
practices and procedures that have been developed by Enterprise
Funds for which funding has been made available pursuant to
section 201 of the Support for East European Democracy (SEED)
Act of 1989 (Public Law 101-179; 22 U.S.C. 5421).
(h) Consultation Requirement.--In the implementation of
this section, the Secretary of State and the Administrator of
the Agency for International Development shall be consulted to
ensure that the Articles of Incorporation of the Fund
(including provisions specifying the responsibilities of the
Board of Directors of the Fund), the terms of United States
Government grant agreements with the Fund, and United States
Government oversight of the Fund are, to the maximum extent
practicable, consistent with the Articles of Incorporation of,
the terms of grant agreements with, and the oversight of the
Enterprise Funds established pursuant to section 201 of the
Support for East European Democracy (SEED) Act of 1989 (22
U.S.C. 5421) and comparable provisions of law.
(i) Initial Implementation.--The Board of Directors of the
Demilitarization Enterprise Fund shall publish the first annual
report of the Fund not later than January 31, 1995.
(j) Termination of Designation.--A designation of an
organization as the Demilitarization Enterprise Fund under
subsection (a) shall be temporary. When making the designation,
the President shall provide for the eventual termination of the
designation.
SEC. 1205.\6\ FUNDING FOR FISCAL YEAR 1994.
(a) Authorization of Appropriations.--Funds authorized to
be appropriated under section 301(21) shall be available for
cooperative threat reduction with states of the former Soviet
Union under this title.
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\6\ 22 U.S.C. 5954.
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(b) Limitations.--(1) Not more than $15,000,000 of the
funds referred to in subsection (a) may be made available for
programs authorized in subsection (b)(6) of section 1203.
(2) Not more than $20,000,000 of such funds may be made
available for programs authorized in subsection (b)(7) of
section 1203.
(3) Not more than $40,000,000 of such funds may be made
available for grants to the Demilitarization Enterprise Fund
designated pursuant to section 1204 and for related
administrative expenses.
(c) Authorization of Extension of Availability of Prior
Year Funds.--To the extent provided in appropriations Acts, the
authority to transfer funds of the Department of Defense
provided in section 9110(a) of the Department of Defense
Appropriations Act, 1993 (Public Law 102-396; 106 Stat. 1928),
and in section 108 of Public Law 102-229 (105 Stat. 1708) shall
continue to be in effect during fiscal year 1994.
SEC. 1206.\7\ PRIOR NOTICE TO CONGRESS OF OBLIGATION OF FUNDS.
(a) Notice of Proposed Obligation.--Not less than 15 days
before obligation of any funds for programs under section 1203,
the President shall transmit to the appropriate congressional
committees as defined in section 1208 a report on the proposed
obligation. Each such report shall specify--
---------------------------------------------------------------------------
\7\ 22 U.S.C. 5955.
---------------------------------------------------------------------------
(1) the activities and forms of assistance for which
the President plans to obligate such funds;
(2) the amount of the proposed obligation; and
(3) the projected involvement of the departments and
agencies of the United States Government and the
private sector of the United States.
(b) Reports on Demilitarization or Conversion Projects.--
Any report under subsection (a) that covers proposed
demilitarization or conversion projects under paragraph (5) or
(6) of section 1203(b) shall contain additional information to
assist the Congress in determining the merits of the proposed
projects. Such information shall include descriptions of--
(1) the facilities to be demilitarized;
(2) the types of activities conducted at those
facilities and of the types of nonmilitary activities
planned for those facilities;
(3) the forms of assistance to be provided by the
United States Government and by the private sector of
the United States;
(4) the extent to which military activities and
production capability will consequently be eliminated
at those facilities; and
(5) the mechanisms to be established for monitoring
progress on those projects.
SEC. 1207.\8\ * * * [REPEALED--2000]
SEC. 1208.\9\ APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this title, the term ``appropriate congressional
committees'' means--
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\8\ Formerly at 22 U.S.C. 5956. Required a semiannual report on
accounting for U.S. assistance. Sec. 1308(g)(1)(A) of Public Law 106-
398 (114 Stat. 1654A-343) repealed this section. Sec. 1308 of that Act
repealed several CTR reporting requirements and established a new,
consolidated, report on activities and assistance under CTR programs.
\9\ 22 U.S.C. 5957.
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(1) the Committee on Foreign Relations of the Senate,
the Committee on Foreign Affairs \10\ of the House of
Representatives, and the Committees on Appropriations
of the House and the Senate, wherever the account,
budget activity, or program is funded from
appropriations made under the international affairs
budget function (150);
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\10\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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(2) the Committees on Armed Services \11\ and the
Committees on Appropriations of the Senate and the
House of Representatives, wherever the account, budget
activity, or program is funded from appropriations made
under the national defense budget function (050); and
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\11\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Armed Services of the House of
Representatives shall be treated as referring to the Committee on
National Security of the House of Representatives.
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(3) the committee to which the specified activities
of section 1203, if the subject of separate
legislation, would be referred under the rules of the
respective House of Congress.
SEC. 1209.\12\ AUTHORIZATION FOR ADDITIONAL FISCAL YEAR 1993 ASSISTANCE
TO THE INDEPENDENT STATES OF THE FORMER SOVIET
UNION.
(a) Authorization of Appropriations.--There is hereby
authorized to be appropriated for fiscal year 1993 for
``Operation and Maintenance, Defense Agencies'' the additional
sum of $979,000,000, to be available for the purposes of
providing assistance to the independent states of the former
Soviet Union.
---------------------------------------------------------------------------
\12\ 22 U.S.C. 5958.
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(b) Authorization of Transfer of Funds.--The Secretary of
Defense may, to the extent provided in appropriations Acts,
transfer from the account ``Operation and Maintenance, Defense
Agencies'' for fiscal year 1993 a sum not to exceed the amount
appropriated pursuant to the authorization in subsection (a)
to--
(1) other accounts of the Department of Defense for
the purpose of providing assistance to the independent
states of the former Soviet Union; or
(2) appropriations available to the Department of
State and other agencies of the United States
Government for the purpose of providing assistance to
the independent states of the former Soviet Union for
programs that the President determines will increase
the national security of the United States.
(c) Administrative Provisions.--(1) Amounts transferred
under subsection (b) shall be available subject to the same
terms and conditions as the appropriations to which
transferred.
(2) The authority to make transfers pursuant to this
section is in addition to any other transfer authority of the
Department of Defense.
(d) Coordination of Programs.--The President shall
coordinate the programs described in subsection (b) with those
authorized in the other provisions of this title and in the
provisions of the Freedom for Russia and Emerging Eurasian
Democracies and Open Markets Support Act of 1992 (Public Law
102-511) so as to optimize the contribution such programs make
to the national interests of the United States.
s. Freedom for Russia and Emerging Eurasian Democracies and Open
Markets (FREEDOM) Support Act of 1992
Partial text of Public Law 102-511 [S. 2532], 106 Stat. 3320, approved
October 24, 1992; as amended by Public Law 105-277 [Omnibus
Consolidated and Emergency Supplemental Appropriations Act, 1999; H.R.
4328], 112 Stat. 2681, approved October 21, 1998
AN ACT To support freedom and open markets in the independent states of
the former Soviet Union, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ SHORT TITLES.
This Act may be cited as the ``Freedom for Russia and
Emerging Eurasian Democracies and Open Markets Support Act of
1992'' or the ``FREEDOM Support Act''.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 5801 note.
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* * * * * * *
TITLE V--NONPROLIFERATION AND DISARMAMENT PROGRAMS AND ACTIVITIES
SEC. 501.\2\ FINDINGS.
The Congress finds that it is in the national security
interest of the United States--
---------------------------------------------------------------------------
\2\ 22 U.S.C. 5851.
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(1) to facilitate, on a priority basis--
(A) the transportation, storage,
safeguarding, and destruction of nuclear and
other weapons of mass destruction of the
independent states of the former Soviet Union;
(B) the prevention of proliferation of
weapons of mass destruction and destabilizing
conventional weapons of the independent states,
and the establishment of verifiable safeguards
against the proliferation of such weapons;
(C) the prevention of diversion of weapons-
related scientific expertise of the former
Soviet Union to terrorist groups or third
countries; and
(D) other efforts designed to reduce the
military threat from the former Soviet Union;
(2) to support the conversion of the massive defense-
related industry and equipment of the independent
states of the former Soviet Union for civilian purposes
and uses; and
(3) to expand military-to-military contacts between
the United States and the independent states.
SEC. 502.\3\ ELIGIBILITY.
Funds may be obligated for a fiscal year for assistance or
other programs or activities for an independent state of the
former Soviet Union under sections 503 and 504 only if the
President has certified to the Congress,\4\ during that fiscal
year, that such independent state is committed to--
---------------------------------------------------------------------------
\3\ 22 U.S.C. 5852. Sec. 1310 of Public Law 106-65 (113 Stat. 795)
provided the following:
---------------------------------------------------------------------------
``sec. 1310. limitation on use of funds until submission of certification.
---------------------------------------------------------------------------
``No funds appropriated for fiscal year 1999 for Cooperative Threat
Reduction programs and remaining available for obligation or
expenditure may be obligated or expended for assistance for any country
under a Cooperative Threat Reduction Program until the President
resubmits to Congress an updated certification under section 1203(d) of
the Cooperative Threat Reduction Act of 1993 (title XII of Public Law
103-160; 22 U.S.C. 5952(d)), section 1412(d) of the Former Soviet Union
Demilitarization Act of 1992 (title XIV of Public Law 102-484; 22
U.S.C. 5902(d)), and section 502 of the Freedom for Russia and Emerging
Eurasian Democracies and Open Markets Support Act of 1992 (Public Law
102-511; 22 U.S.C. 5852).''.
In memoranda dated January 10, 2003 (68 F.R. 2419; January 17,
2003), November 7, 2003 (68 F.R. 65383; November 20, 2003), and
December 6, 2004 (69 F.R. 74933; December 14, 2004), for the Secretary
of State, the President certified under sec. 1306 of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003 (title XIII of
division A of Public Law 107-314; 116 Stat. 2458) that a waiver of the
requirements of sec. 1203(d) of the Cooperative Threat Reduction Act of
2003 (22 U.S.C. 5952(d)) and sec. 502 of this Act with regard to the
Russian Federation for fiscal years 2003, 2004, and 2005 was justified.
In memoranda dated December 30, 2003 (69 F.R. 2479; January 16, 2004),
and December 14, 2004 (70 F.R. 1; January 3, 2005), for the Secretary
of State, the President made the same certification with regard to the
Republic of Uzbekistan for fiscal years 2004 and 2005.
\4\ In a memorandum of December 30, 1992 (58 F.R. 3193; January 8,
1993), for the Secretaries of State and Defense, and the Director, OMB,
the President delegated authority established in sec. 502 of the
FREEDOM Support Act and in sec. 1412(d) of Public Law 102-484 to the
Secretary of State. The President further delegated authority in secs.
1412(a), 1431, and 1432 of Public Law 102-484, and in secs. 503 and 508
of the FREEDOM Support Act to the Secretary of Defense. That memorandum
further provided that: ``The Secretary of Defense shall not exercise
authority delegated * * * with respect to any former Soviet republic
unless the Secretary of State has exercised his authority and performed
the duty delegated * * * with respect to that former Soviet Republic.
The Secretary of Defense shall not obligated funds in the exercise of
authority delegated * * * unless the Director of the Office of
Management and Budget has determined that expenditures during fiscal
year 1993 pursuant to such obligation shall be counted against the
defense category of discretionary spending limits for that fiscal year
(as defined in section 601(a)(2) of the Congressional Budget Act of
1974) for purposes of Part C of the Balanced Budget and Emergency
Deficit Control Act of 1985.''.
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(1) making a substantial investment of its resources
for dismantling or destroying such weapons of mass
destruction, if that independent state has an
obligation under a treaty or other agreement to destroy
or dismantle any such weapons;
(2) forgoing any military modernization program that
exceeds legitimate defense requirements and forgoing
the replacement of destroyed weapons of mass
destruction;
(3) forgoing any use in new nuclear weapons of
fissionable or other components of destroyed nuclear
weapons; and
(4) facilitating United States verification of any
weapons destruction carried out under section 503(a) or
504(a) of this Act or section 212 of the Soviet Nuclear
Threat Reduction Act of 1991 (title II of Public Law
102-228; 22 U.S.C. 2551 note).
SEC. 503.\5\ NONPROLIFERATION AND DISARMAMENT ACTIVITIES IN THE
INDEPENDENT STATES.
(a) Authorization.--The President is authorized \4\ to
promote bilateral and multilateral nonproliferation and
disarmament activities--
---------------------------------------------------------------------------
\5\ 22 U.S.C. 5853.
---------------------------------------------------------------------------
(1) by supporting the dismantlement and destruction
of nuclear, biological, and chemical weapons, their
delivery systems, and conventional weapons of the
independent states of the former Soviet Union;
(2) by supporting bilateral and multilateral efforts
to halt the proliferation of nuclear, biological, and
chemical weapons, their delivery systems, related
technologies, and other weapons of the independent
states, including activities such as--
(A) the storage, transportation, and
safeguarding of such weapons, and
(B) the purchase, barter, or other
acquisition of such weapons or materials
derived from such weapons;
(3) by establishing programs for safeguarding against
the proliferation of nuclear, biological, chemical, and
other weapons of the independent states;
(4) by establishing programs for preventing diversion
of weapons-related scientific and technical expertise
of the independent states to terrorist groups or to
third countries;
(5) \6\ by establishing science and technology
centers in the independent states for the purpose of
engaging weapons scientists and engineers of the
independent states (in particular those who were
previously involved in the design and production of
nuclear, biological, and chemical weapons) in
productive, nonmilitary undertakings; and
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\6\ Sec. 1138 of the Arms Control and Nonproliferation Act of 1999
(title XI of division B of appendix G of Public Law 106-113; 113 Stat.
1501A-496) provided as follows:
``(a) Authorization.--For fiscal year 2001 and subsequent fiscal
years, funds made available under `Nonproliferation, Antiterrorism,
Demining, and Related Programs' accounts in annual foreign operations
appropriations Acts are authorized to be available for science and
technology centers in the independent states of the former Soviet Union
assisted under section 503(a)(5) of the FREEDOM Support Act (22 U.S.C.
5853(a)(5)) or section 1412(b)(5) of the Former Soviet Union
Demilitarization Act of 1992 (title XIV of Public Law 102-484; 22
U.S.C. 5901 et seq.), including the use of those and other funds by any
Federal agency having expertise and programs related to the activities
carried out by those centers, including the Departments of Agriculture,
Commerce, and Health and Human Services and the Environmental
Protection Agency.
``(b) Availability of Funds.--Amounts made available under any
provision of law for the activities described in subsection (a) shall
be available until expended and may be used notwithstanding any other
provision of law.''
Sec. 1139 of the Arms Control and Nonproliferation Act of 1999
further provided as follows:
``(a) In General.--Support for science and technology centers in
the independent states of the former Soviet Union, as authorized by
section 503(a)(5) of the FREEDOM Support Act (22 U.S.C. 5853(a)(5)) and
section 1412(b) of the Former Soviet Union Demilitarization Act of 1992
(title XIV of Public Law 102-484, 22 U.S.C. 5901 et seq.), is
authorized for activities described in subsection (b) to support the
redirection of former Soviet weapons scientists, especially those with
expertise in weapons of mass destruction (nuclear, radiological,
chemical, biological), missile and other delivery systems, and other
advanced technologies with military applications.
``(b) Activities Supported.--Activities supported under
subsection(a) include--
---------------------------------------------------------------------------
``(1) any research activity involving the participation of former Soviet
weapons scientists and civilian scientists and engineers, if the
participation of the weapons scientists predominates; and
``(2) any program of international exchanges that would provide former
Soviet weapons scientists exposure to, and the opportunity to develop
relations with, research and industry partners.''.
(6) by establishing programs for facilitating the
conversion of military technologies and capabilities
and defense industries of the former Soviet Union into
civilian activities.
(b) Funding Priorities.--Priority in carrying out this
section shall be given to the activities described in
paragraphs (1) through (5) of subsection (a).
(c) Use of Defense Funds.--
(1) Authorization.--In recognition of the direct
contributions to the national security interests of the
United States of the programs and activities authorized
by subsection (a), the President is authorized to make
available for use in carrying out those programs and
activities, in addition to amounts otherwise available
for such purposes, funds made available pursuant to
sections 108 and 109 of Public Law 102-229 or under the
amendments made by section 506(a) of this Act.
(2) Limitation.--Funds described in paragraph (1) may
not be obligated for programs and activities under
subsection (a) unless the Director of the Office of
Management and Budget has determined that expenditures
during fiscal year 1993 pursuant to such obligation
shall be counted against the defense category of the
discretionary spending limits for that fiscal year (as
defined in section 601(a)(2) of the Congressional
Budget Act of 1974) for purposes of part C of the
Balanced Budget and Emergency Deficit Control Act of
1985.
SEC. 504.\7\ NONPROLIFERATION AND DISARMAMENT FUND.
(a) Authorization.--The President is authorized to promote
bilateral and multilateral nonproliferation and disarmament
activities--
---------------------------------------------------------------------------
\7\ 22 U.S.C. 5854.
---------------------------------------------------------------------------
(1) by supporting the dismantlement and destruction
of nuclear, biological, and chemical weapons, their
delivery systems, and conventional weapons;
(2) by supporting bilateral and multilateral efforts
to halt the proliferation of nuclear, biological, and
chemical weapons, their delivery systems, related
technologies, and other weapons, including activities
such as--
(A) the storage, transportation, and
safeguarding of such weapons, and
(B) the purchase, barter, or other
acquisition of such weapons or materials
derived from such weapons;
(3) by establishing programs for safeguarding against
the proliferation of nuclear, biological, chemical, and
other weapons of the independent states of the former
Soviet Union;
(4) by establishing programs for preventing diversion
of weapons-related scientific and technical expertise
of the independent states to terrorist groups or to
third countries;
(5) by establishing science and technology centers in
the independent states for the purpose of engaging
weapons scientists and engineers of the independent
states (in particular those who were previously
involved in the design and production of nuclear,
biological, and chemical weapons) in productive,
nonmilitary undertakings; and
(6) by establishing programs for facilitating the
conversion of military technologies and capabilities
and defense industries of the former Soviet Union into
civilian activities.
(b) Funding Priorities.--Priority in carrying out this
section shall be given to the activities described in
paragraphs (1) through (5) of subsection (a).
(c) Use of Security Assistance Funds.--
(1) Authorization.--In recognition of the direct
contributions to the national security interests of the
United States of the programs and activities authorized
by subsection (a), the President is authorized to make
available for use in carrying out those programs and
activities, in addition to amounts otherwise available
for such purposes, up to $100,000,000 of security
assistance funds for fiscal year 1993.
(2) Definition.--As used in paragraph (1), the term
``security assistance funds'' means funds made
available for assistance under chapter 4 of part II of
the Foreign Assistance Act of 1961 (relating to the
Economic Support Fund) or assistance under section 23
of the Arms Export Control Act (relating to the
``Foreign Military Financing Program'').
(3) Exemption from certain restrictions.--Section
531(e) of the Foreign Assistance Act of 1961, and any
provision that corresponds to section 510 of the
Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1991 (relating to the
prohibition on financing exports of nuclear equipment,
fuel, and technology), shall not apply with respect to
funds used pursuant to this subsection.
SEC. 505.\8\ LIMITATIONS ON DEFENSE CONVERSION AUTHORITIES.
Notwithstanding any other provision of law (including any
other provision of this Act), funds may not be obligated in any
fiscal year for purposes of facilitating the conversion of
military technologies and capabilities and defense industries
of the former Soviet Union into civilian activities, as
authorized by sections 503(a)(6) and 504(a)(6) or any other
provision of law, unless the President has previously obligated
in the same fiscal year an amount equal to or greater than that
amount of funds for defense conversion and defense transition
activities in the United States. For purposes of this section,
the term ``defense conversion and defense transition activities
in the United States'' means those United States Government
funded programs whose primary purpose is to assist United
States private sector defense workers, United States companies
that manufacture or otherwise provide defense goods or
services, or United States communities adversely affected by
reductions in United States defense spending, such as programs
funded through the Office of Economic Adjustment in the
Department of Defense or through \9\ the Economic Development
Administration.
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\8\ 22 U.S.C. 5855.
\9\ Sec. 405(d)(20) of sec. 101(f) of Public Law 105-277 (112 Stat.
2681-422) struck out ``, through the Defense Conversion Adjustment
Program (as authorized by the Job Training Partnership Act), or
through'' and inserted in lieu thereof ``or through''.
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SEC. 506.\10\ SOVIET WEAPONS DESTRUCTION.
(a) \11\ Additional Funding.--
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\10\ 22 U.S.C. 5856.
\11\ Sec. 1421 of the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102-484; 106 Stat. 2565) made amendments
identical to those in subsecs. (a) and (b).
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(1) Authorization amount.--Section 221(a) of the
Soviet Nuclear Threat Reduction Act of 1991 (title II
of Public Law 102-228; 22 U.S.C. 2551 note) is amended
by striking out ``$400,000,000'' and inserting in lieu
thereof ``$800,000,000''.
(2) Authorization period.--Section 221(e) of such Act
is amended--
(A) by inserting ``for fiscal year 1992 or
fiscal year 1993'' after ``under part B'';
(B) by inserting ``for that fiscal year''
after ``for that program''; and
(C) by striking out ``for fiscal year 1992''
and inserting in lieu thereof ``for that fiscal
year''.
(b) \11\ Technical Revisions to Public Law 102-229.--Public
Law 102-229 is amended--
(1) in section 108 (105 Stat. 1708), by striking out
``contained in H.R. 3807, as passed the Senate on
November 25, 1991'' and inserting in lieu thereof
``(title II of Public Law 102-228)''; and
(2) in section 109 (105 Stat. 1708)--
(A) by striking out ``H.R. 3807, as passed
the Senate on November 25, 1991'' and inserting
in lieu thereof ``Public Law 102-228 (105 Stat.
1696)''; and
(B) by striking out ``of H.R. 3807''.
(c) Avoidance of Duplicative Amendments.--The amendments
made by this section shall not be effective if the National
Defense Authorization Act for Fiscal Year 1993 enacts an
amendment to section 221(a) of the Soviet Nuclear Threat
Reduction Act of 1991 that authorizes the transfer of an amount
that is the same or greater than the amount that is authorized
by the amendment made by subsection (a)(1) of this section and
enacts amendments identical to those in subsections (a)(2) and
(b) of this section.\11\ If that Act enacts such amendments,
sections 503 and 508 of this Act shall be deemed to apply with
respect to the funds made available under such amendments.
SEC. 507.\12\ WAIVER OF CERTAIN PROVISIONS.
(a) In General.--Funds made available for fiscal year 1993
under sections 503 and 504 to provide assistance or otherwise
carry out programs and activities with respect to the
independent states of the former Soviet Union under those
sections may be used notwithstanding any other provision of
law, other than the provisions cited in subsection (b).
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\12\ 22 U.S.C. 5857.
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(b) Exceptions.--Subsection (a) does not apply with respect
to--
(1) this title; and
(2) section 1341 of title 31, United States Code
(commonly referred to as the ``Anti-Deficiency Act''),
the Congressional Budget and Impoundment Control Act of
1974, the Balanced Budget and Emergency Deficit Control
Act of 1985, and the Budget Enforcement Act of
1990.\13\
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\13\ Public Law 97-258 (96 Stat. 877 at 923), Public Law 93-344 (88
Stat. 297), Public Law 99-177 (99 Stat. 1037), and title XIII of Public
Law 101-508 (104 Stat. 1388-573), respectively.
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SEC. 508.\14\ NOTICE AND REPORTS TO CONGRESS.
(a) Notice of Proposed Obligations.--Not less than 15 days
before obligating any funds under section 503 or 504 or the
amendments made by section 506(a), the President shall transmit
to the Speaker of the House of Representatives, the President
Pro Tempore of the Senate, and the appropriate congressional
committees a report on the proposed obligation.\4\ Each such
report shall specify--
---------------------------------------------------------------------------
\14\ 22 U.S.C. 5858.
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(1) the account, budget activity, and particular
program or programs from which the funds proposed to be
obligated are to be derived and the amount of the
proposed obligations; and
(2) the activities and forms of assistance for which
the President plans to obligate such funds.
(b) Semiannual Report.--Not later than April 30, 1993, and
not later than October 30, 1993, the President shall transmit
to the Speaker of the House of Representatives, the President
Pro Tempore of the Senate, and the appropriate congressional
committees a report on the activities carried out under
sections 503 and 504 and the amendments made by section 506(a).
Each such report shall set forth, for the preceding 6-month
period and cumulatively, the following:
(1) The amounts expended for such activities and the
purposes for which they were expended.
(2) The source of the funds obligated for such
activities, specified by program.
(3) A description of the participation of all United
States Government departments and agencies in such
activities.
(4) A description of the activities carried out and
the forms of assistance provided.
(5) Such other information as the President considers
appropriate to fully inform the Congress concerning the
operation of the programs and activities carried out
under sections 503 and 504 and the amendments made by
section 506(a).
(c) Appropriate Congressional Committees.--As used in this
section--
(1) the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Relations of the
Senate, the Committee on Foreign Affairs \15\
of the House of Representatives, and the
Committees on Appropriations of the House and
the Senate, wherever the account, budget
activity, or program is funded from
appropriations made under the international
affairs budget function (150);
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\15\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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(B) the Committees on Armed Services \16\ and
the Committees on Appropriations of the Senate
and the House of Representatives, wherever the
account, budget activity, or program is funded
from appropriations made under the national
defense budget function (050); and
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\16\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Armed Services of the House of
Representatives shall be treated as referring to the Committee on
National Security of the House of Representatives.
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(2) the committee to which the specified activities
of section 503(a) or 504(a) or subtitle B of the Soviet
Nuclear Threat Reduction Act of 1991 (as the case may
be), if the subject of separate legislation, would be
referred, under the rules of the respective House of
Congress.
SEC. 509.\17\ INTERNATIONAL NONPROLIFERATION INITIATIVE.
(a) Assistance for International Nonproliferation
Activities.--Subject to the limitations and requirements
provided in this section, during fiscal year 1993 the Secretary
of Defense, under the guidance of the President, may provide
assistance to support international nonproliferation
activities.
---------------------------------------------------------------------------
\17\ 22 U.S.C. 5859.
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(b) Activities For Which Assistance May Be Provided \18\.--
Activities for which assistance may be provided under this
section are activities such as the following:
---------------------------------------------------------------------------
\18\ Catchline transcribed with capitalization as enrolled.
---------------------------------------------------------------------------
(1) Activities carried out by the International
Atomic Energy Agency (IAEA) that are designed to ensure
more effective safeguards against nuclear proliferation
and more aggressive verification of compliance with the
Treaty on the Non-Proliferation of Nuclear Weapons,
done on July 1, 1968.
(2) Activities of the On-Site Inspection Agency in
support of the United Nations Special Commission on
Iraq.
(3) Collaborative international nuclear security and
nuclear safety projects to combat the threat of nuclear
theft, terrorism, or accidents, including joint
emergency response exercises, technical assistance, and
training.
(4) Efforts to improve international cooperative
monitoring of nuclear proliferation through joint
technical projects and improved intelligence sharing.
(c) Form of Assistance.--(1) Assistance under this section
may include funds and in-kind contributions of supplies,
equipment, personnel, training, and other forms of assistance.
(2) Assistance under this section may be provided to
international organizations in the form of funds only if the
amount in the ``Contributions to International Organizations''
account of the Department of State is insufficient or otherwise
unavailable to meet the United States fair share of assessments
for international nuclear nonproliferation activities.
(3) No amount may be obligated for an expenditure under
this section unless the Director of the Office of Management
and Budget determines that the expenditure will be counted
against the defense category of the discretionary spending
limits for fiscal year 1993 (as defined in section 601(a)(2) of
the Congressional Budget Act of 1974) for purposes of part C of
the Balanced Budget and Emergency Deficit Control Act of 1985.
(4) No assistance may be furnished under this section
unless the Secretary of Defense determines and certifies to the
Congress 30 days in advance that the provision of such
assistance--
(A) is in the national security interest of the
United States; and
(B) will not adversely affect the military
preparedness of the United States.
(5) The authority to provide assistance under this section
in the form of funds may be exercised only to the extent and in
the amounts provided in advance in appropriations Act.
(d) Sources of Assistance.--(1) Funds provided as
assistance under this section shall be derived from amounts
made available to the Department of Defense for fiscal year
1993 or from balances in working capital accounts of the
Department of Defense.
(2) Supplies and equipment provided as assistance under
this section may be provided, by loan or donation, from
existing stocks of the Department of Defense and the Department
of Energy.
(3) The total amount of the assistance provided in the form
of funds under this section may not exceed $40,000,000. Of such
amount, not more than $20,000,000 may be used for the
activities of the On-Site Inspection agency in support of the
United Nations Special Commission on Iraq.
(4) Not less than 30 days before obligating any funds to
provide assistance under this section, the Secretary of Defense
shall transmit to the committees of Congress named in
subsection (e)(2) a report on the proposed obligation. Each
such report shall specify--
(A) the account, budget activity, and particular
program or programs from which the funds proposed to be
obligated are to be derived and the amount of the
proposed obligation; and
(B) the activities and forms of assistance for which
the Secretary of Defense plans to obligate the funds.
(e) Quarterly Report.--(1) Not later than 30 days after the
end of each quarter of fiscal year 1993, the Secretary of
Defense shall transmit to the committees of Congress named in
paragraph (2) a report of the activities to reduce the
proliferation threat carried out under this section. Each
report shall set forth (for the preceding quarter and
cumulatively)--
(A) the amounts spent for such activities and the
purposes for which they were spent;
(B) a description of the participation of the
Department of Defense and the Department of Energy and
the participation of other Government agencies in those
activities; and
(C) a description of the activities for which the
funds were spent.
(2) The committees of Congress to which reports under
paragraph (1) and under subsection (d)(2) are to be transmitted
are--
(A) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations
of the Senate; and
(B) the Committee on Armed Services, the Committee on
Appropriations, the Committee on Foreign Affairs, and
the Committee on Energy and Commerce of the House of
Representatives.\19\
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\19\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Armed Services of the House of
Representatives shall be treated as referring to the Committee on
National Security of the House of Representatives. Sec. 1(a)(4) of that
Act provided that references to the Committee on Energy and Commerce
shall be treated as referring to the Committee on Commerce. Sec.
1(c)(1) of that Act (110 Stat. 187) further provided that any reference
to the House Committee on Energy and Commerce shall be treated as
referring to (1) the Committee on Agriculture in the case of a
provision relating to inspection of seafood or seafood products; (2)
the Committee on Banking and Financial Services in the case of a
provision relating to bank capital markets activities or depository
institution securities; or (3) the Committee on Transportation and
Infrastructure in the case of a provision relating to railroads and
railway labor issues. Finally, sec. 1(a)(5) of that Act (109 Stat. 186)
provided that references to the Committee on Foreign Affairs shall be
treated as referring to the Committee on International Relations.
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(f) Avoidance of Duplicative Authorizations.--This section
shall not apply if the National Defense Authorization Act for
Fiscal Year 1993 enacts the same authorities and requirements
as are contained in this section and authorizes the
appropriation of the same (or a greater) amount to carry out
such authorities.
SEC. 510.\20\ REPORT ON SPECIAL NUCLEAR MATERIALS.
Not later than 180 days after the date of enactment of this
Act, the Secretary of State shall prepare, in consultation with
the Secretary of Defense and the Secretary of Energy, and shall
transmit to the Congress a report on the possible alternatives
for the ultimate disposition of special nuclear materials of
the former Soviet Union. This report shall include--
---------------------------------------------------------------------------
\20\ 22 U.S.C. 5860.
---------------------------------------------------------------------------
(1) a cost-benefit analysis comparing (A) the
relative merits of the indefinite storage and
safeguarding of such materials in the independent
states of the former Soviet Union and (B) its
acquisition by the United States by purchase, barter,
or other means;
(2) a discussion of relevant issues such as the
protection of United States uranium producers from
dumping, the relative vulnerability of these stocks of
special nuclear materials to illegal proliferation, and
the potential electrical and other savings associated
with their being made available in the fuel cycle in
the United States; and
(3) a discussion of how highly enriched uranium
stocks could be diluted for reactor fuel.
SEC. 511.\21\ RESEARCH AND DEVELOPMENT FOUNDATION.
(a) Establishment.--The Director of the National Science
Foundation (hereinafter in this section referred to as the
``Director'') is authorized to establish an endowed,
nongovernmental, nonprofit foundation (hereinafter in this
section referred to as the ``Foundation'') in consultation with
the Director of the National Institute of Standards and
Technology.
---------------------------------------------------------------------------
\21\ 22 U.S.C. 5861.
---------------------------------------------------------------------------
(b) Purposes.--The purposes of the Foundation shall be the
following:
(1) To provide productive research and development
opportunities within the independent states of the
former Soviet Union that offer scientists and engineers
alternatives to emigration and help prevent the
dissolution of the technological infrastructure of the
independent states.
(2) To advance defense conversion by funding civilian
collaborative research and development projects between
scientists and engineers in the United States and in
the independent states of the former Soviet Union.
(3) To assist in the establishment of a market
economy in the independent states of the former Soviet
Union by promoting, identifying, and partially funding
joint research, development, and demonstration ventures
between United States businesses and scientists,
engineers, and entrepreneurs in those independent
states.
(4) To provide a mechanism for scientists, engineers,
and entrepreneurs in the independent states of the
former Soviet Union to develop an understanding of
commercial business practices by establishing linkages
to United States scientists, engineers, and businesses.
(5) To provide access for United States businesses to
sophisticated new technologies, talented researchers,
and potential new markets within the independent states
of the former Soviet Union.
(c) Functions.--In carrying out its purposes, the
Foundation shall--
(1) promote and support joint research and
development projects for peaceful purposes between
scientists and engineers in the United States and
independent states of the former Soviet Union on
subjects of mutual interest; and'
(2) seek to establish joint nondefense industrial
research, development, and demonstration activities
through private sector linkages which may involve
participation by scientists and engineers in the
university or academic sectors, and which shall include
some contribution from industrial participants.
(d) Funding.--
(1) Use of certain department of defense funds.--(A)
To the extent funds appropriated to carry out subtitle
E of title XIV of the National Defense Authorization
Act for Fiscal Year 1993 (relating to joint research
and development programs with the independent states of
the former Soviet Union) are otherwise available for
such purpose, such funds may be made available to the
Director for use by the Director in establishing the
endowment of the Foundation and otherwise carrying out
this section.
(B) For each fiscal year after fiscal year 1993, not
more than 50 percent of the funds made available to the
Foundation by the United States Government may be funds
appropriated in the national defense budget function
(function 050).
(2) Contribution to endowment by participating
independent states.--As a condition of participation in
the Foundation, an independent state of the former
Soviet Union must make a minimum contribution to the
endowment of the Foundation, as determined by the
Director, which shall reflect the ability of the
independent state to make a financial contribution and
its expected level of participation in the Foundation's
programs.
(3) Debt conversions.--To the extent provided in
advance by appropriations Acts, local currencies or
other assets resulting from government-to-government
debt conversions may be made available to the
Foundation. For purposes of this paragraph, the term
``debt conversion'' means an agreement whereby a
country's government-to-government or commercial
external debt burden is exchanged by the holder for
local currencies, policy commitments, other assets, or
other economic activities, or for an equity interest in
an enterprise theretofore owned by the debtor
government.
(4) Local currencies.--In addition to other uses
provided by law, and subject to agreement with the
foreign government, local currencies generated by
United States assistance programs may be made available
to the Foundation.
(5) Investment of government assistance.--The
Foundation may invest any revenue provided to it
through United States Government assistance, and any
interest earned on such investment may be used only for
the purpose for which the assistance was provided.
(6) Other funds from government and nongovernmental
sources.--The Foundation may accept such other funds as
may be provided to it by Government agencies or
nongovernmental entities.
* * * * * * *
t. Former Soviet Union Demilitarization Act of 1992
Partial text of Public Law 102-484 [National Defense Authorization Act
for Fiscal Year 1993; H.R. 5006], 106 Stat. 2315, approved October 23,
1992; as amended by Public Law 103-160 [National Defense Authorization
Act for Fiscal Year 1994; H.R. 2401], 107 Stat. 1547, approved November
30, 1993; and Public Law 103-337 [National Defense Authorization Act
for Fiscal Year 1995; S. 2182], 108 Stat. 2663, approved October 5,
1994
* * * * * * *
TITLE XIV--DEMILITARIZATION OF THE FORMER SOVIET UNION
Subtitle A--Short Title
SEC. 1401.\1\ SHORT TITLE.
This title may be cited as the ``Former Soviet Union
Demilitarization Act of 1992''.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 5901 note.
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Subtitle B--Findings and Program Authority
SEC. 1411.\2\ DEMILITARIZATION OF THE INDEPENDENT STATES OF THE FORMER
SOVIET UNION.
The Congress finds that it is in the national security
interest of the United States--
---------------------------------------------------------------------------
\2\ 22 U.S.C. 5901.
---------------------------------------------------------------------------
(1) to facilitate, on a priority basis--
(A) the transportation, storage,
safeguarding, and destruction of nuclear and
other weapons of the independent states of the
former Soviet Union, including the safe and
secure storage of fissile materials,
dismantlement of missiles and launchers, and
the elimination of chemical and biological
weapons capabilities;
(B) the prevention of proliferation of
weapons of mass destruction and their
components and destabilizing conventional
weapons of the independent states of the former
Soviet Union, and the establishment of
verifiable safeguards against the proliferation
of such weapons;
(C) the prevention of diversion of weapons-
related scientific expertise of the former
Soviet Union to terrorist groups or third
countries; and
(D) other efforts designed to reduce the
military threat from the former Soviet Union;
(2) to support the demilitarization of the massive
defense-related industry and equipment of the
independent states of the former Soviet Union and
conversion of such industry and equipment to civilian
purposes and uses; and
(3) to expand military-to-military contacts between
the United States and the independent states of the
former Soviet Union.
SEC. 1412.\3\ AUTHORITY FOR PROGRAMS TO FACILITATE DEMILITARIZATION.
(a) In General.--Notwithstanding any other provision of
law, the President is authorized,\4\ in accordance with this
title, to establish and conduct programs described in
subsection (b) to assist the demilitarization of the
independent states of the former Soviet Union.
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\3\ 22 U.S.C. 5902.
\4\ In a memorandum of December 30, 1992, for the Secretaries of
State and Defense and the Director of the Office of Management and
Budget, the President delegated authority established in sec. 502 of
the FREEDOM Support Act (Public Law 102-511; 106 Stat. 3338; 22 U.S.C.
5852) and in sec. 1412(d) of this Act to the Secretary of State. The
President further delegated authority in secs. 1412(a), 1431, and 1432
of this Act, and in secs. 503 and 508 of the FREEDOM Support Act to the
Secretary of Defense. The memorandum provided the following: ``The
Secretary of Defense shall not exercise authority delegated * * * with
respect to any former Soviet republic unless the Secretary of State has
exercised his authority and performed the duty delegated * * * with
respect to that former Soviet Republic. The Secretary of Defense shall
not obligate funds in the exercise of authority delegated * * * unless
the Director of the Office of Management and Budget has determined that
expenditures during fiscal year 1993 pursuant to such obligation shall
be counted against the defense category of discretionary spending
limits for that fiscal year (as defined in section 601(a)(2) of the
Congressional Budget Act of 1974) for purposes of Part C of the
Balanced Budget and Emergency Deficit Control Act of 1985.'' (58 F.R.
3193; January 8, 1993).
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(b) \5\ Types of Programs.--The programs referred to in
subsection (a) are limited to--
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\5\ Sec. 1138 of the Arms Control and Nonproliferation Act of 1999
(title XI of division B of appendix G of Public Law 106-113; 113 Stat.
1501A-496) provided as follows:
``(a) Authorization.--For fiscal year 2001 and subsequent fiscal
years, funds made available under `Nonproliferation, Antiterrorism,
Demining, and Related Programs' accounts in annual foreign operations
appropriations Acts are authorized to be available for science and
technology centers in the independent states of the former Soviet Union
assisted under section 503(a)(5) of the FREEDOM Support Act (22 U.S.C.
5853(a)(5)) or section 1412(b)(5) of the Former Soviet Union
Demilitarization Act of 1992 (title XIV of Public Law 102-484; 22
U.S.C. 5901 et seq.), including the use of those and other funds by any
Federal agency having expertise and programs related to the activities
carried out by those centers, including the Departments of Agriculture,
Commerce, and Health and Human Services and the Environmental
Protection Agency.
``(b) Availability of Funds.--Amounts made available under any
provision of law for the activities described in subsection (a) shall
be available until expended and may be used notwithstanding any other
provision of law.''.
Sec. 1139 of the Arms Control and Nonproliferation Act of 1999
further provided as follows:
``(a) In General.--Support for science and technology centers in
the independent states of the former Soviet Union, as authorized by
section 503(a)(5) of the FREEDOM Support Act (22 U.S.C. 5853(a)(5)) and
section 1412(b) of the Former Soviet Union Demilitarization Act of 1992
(title XIV of Public Law 102-484, 22 U.S.C. 5901 et seq.), is
authorized for activities described in subsection (b) to support the
redirection of former Soviet weapons scientists, especially those with
expertise in weapons of mass destruction (nuclear, radiological,
chemical, biological), missile and other delivery systems, and other
advanced technologies with military applications.
``(b) Activities Supported.--Activities supported under subsection
(a) include--
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``(1) any research activity involving the participation of former Soviet
weapons scientists and civilian scientists and engineers, if the
participation of the weapons scientists predominates; and
``(2) any program of international exchanges that would provide former
Soviet weapons scientists exposure to, and the opportunity to develop
relations with, research and industry partners.''.
(1) transporting, storing, safeguarding, and
destroying nuclear, chemical, and other weapons of the
independent states of the former Soviet Union, as
described in section 212(b) of the Soviet Nuclear
Threat Reduction Act of 1991 (title II of Public Law
102-228);
(2) establishing verifiable safeguards against the
proliferation of such weapons and their components;
(3) preventing diversion of weapons-related
scientific expertise of the former Soviet Union to
terrorist groups or third countries;
(4) facilitating the demilitarization of the defense
industries of the former Soviet Union and the
conversion of military technologies and capabilities
into civilian activities;
(5) \5\ establishing science and technology centers
in the independent states of the former Soviet Union
for the purpose of engaging weapons scientists,
engineers, and other experts previously involved with
nuclear, chemical, and other weapons in productive,
nonmilitary undertakings; and
(6) expanding military-to-military contacts between
the United States and the independent states of the
former Soviet Union.
(c) United States Participation.--The programs described in
subsection (b) should, to the extent feasible, draw upon United
States technology and expertise, especially from the United
States private sector.
(d) \6\ Restrictions.--United States assistance authorized
by subsection (a) may not be provided unless the President
certifies to the Congress, on an annual basis, that the
proposed recipient country is committed to--
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\6\ Sec. 1310 of Public Law 106-65 (113 Stat. 795) provided the
following:
---------------------------------------------------------------------------
``sec. 1310. limitation on use of funds until submission of certification.
---------------------------------------------------------------------------
``No funds appropriated for fiscal year 1999 for Cooperative Threat
Reduction programs and remaining available for obligation or
expenditure may be obligated or expended for assistance for any country
under a Cooperative Threat Reduction Program until the President
resubmits to Congress an updated certification under section 1203(d) of
the Cooperative Threat Reduction Act of 1993 (title XII of Public Law
103-160; 22 U.S.C. 5952(d)), section 1412(d) of the Former Soviet Union
Demilitarization Act of 1992 (title XIV of Public Law 102-484; 22
U.S.C. 5902(d)), and section 502 of the Freedom for Russia and Emerging
Eurasian Democracies and Open Markets Support Act of 1992 (Public Law
102-511; 22 U.S.C. 5852).''.
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(1) making a substantial investment of its resources
for dismantling or destroying such weapons of mass
destruction, if such recipient has an obligation under
a treaty or other agreement to destroy or dismantle any
such weapons;
(2) forgoing any military modernization program that
exceeds legitimate defense requirements and forgoing
the replacement of destroyed weapons of mass
destruction;
(3) forgoing any use in new nuclear weapons of
fissionable or other components of destroyed nuclear
weapons;
(4) facilitating United States verification of any
weapons destruction carried out under this title or
section 212 of the Soviet Nuclear Threat Reduction Act
of 1991 (title II of Public Law 102-228);
(5) complying with all relevant arms control
agreements; and
(6) observing internationally recognized human
rights, including the protection of minorities.
Subtitle C--Administrative and Funding Authorities
SEC. 1421.\7\ ADMINISTRATION OF DEMILITARIZATION PROGRAMS.
(a) Funding.--(1) In recognition of the direct
contributions to the national security interests of the United
States of the activities specified in section 1412, funds
transferred under sections 108 and 109 of Public Law 102-229
(105 Stat. 1708) are authorized to be made available to carry
out this title. Of the amount available to carry out this
title--
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\7\ 22 U.S.C. 5911. Sec. 9110 of the Department of Defense
Appropriations Act, 1993 (Public Law 102-396; 106 Stat. 1928),
provided:
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``(transfer of funds)
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``Sec. 9110. (a) The Secretary of Defense may transfer to
appropriate appropriation accounts for the Department of Defense, out
of funds appropriated to the Department of Defense for fiscal year
1993, up to $400,000,000 to be available for the purposes authorized in
the Former Soviet Union Demilitarization Act of 1992: Provided, That
amounts so transferred shall be in addition to amounts transferred
pursuant to the authority provided in section 108 of Public Law 102-229
(105 Stat. 1708).
``(b) Of the funds transferred pursuant to subsection (a):
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``(1) not less than $10,000,000 shall be available only for the study,
assessment, and identification of nuclear waste disposal by the former
Soviet Union in the Arctic region;
``(2) not less than $25,000,000 shall be available only for Project
PEACE;
``(3) not more than $50,000,000 may be made available for the
Multilateral Nuclear Safety Initiative announced in Lisbon, Portugal on May
23, 1992;
``(4) not more than $40,000,000 may be made available for
demilitarization of defense industries;
``(5) not more than $15,000,000 may be made available for military-to-
military contacts;
``(6) not more than $25,000,000 may be made available for joint research
and development programs; and
``(7) not more than $10,000,000 may be made available for the Volunteers
Investing in Peace and Security (VIPS) program.
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``(c) The Secretary of Defense may transfer from amounts
appropriated to the Department of Defense for fiscal year 1993 or from
balances in working capital funds not to exceed $15,000,000 to the
appropriate accounts within the Department of Defense for the purposes
authorized in section 109 of Public Law 102-229.
``(d) The authority provided in sections 108 and 109 of Public Law
102-229 (105 Stat. 1708) to transfer amounts appropriated for fiscal
year 1992 shall continue to be in effect during fiscal year 1993.
``(e) The Secretary of Defense may transfer to appropriate
appropriation accounts for the Department of Defense, out of funds
available to the Department of Defense for fiscal year 1993, up to
$40,000,000 to be available for international nonproliferation
activities authorized in the Weapons of Mass Destruction Control Act of
1992: Provided, That such transfer authority shall not be available for
payments either to the `Contributions to International Organizations'
account of the Department of State or to activities carried out by the
International Atomic Energy Agency which have traditionally been the
responsibilities of the Departments of State or Energy: Provided
further, That up to $20,000,000 of the transfer authority provided in
this section may be used for the activities of the On-Site Inspection
Agency in support of the United Nations Special Commission on Iraq.
``(f) The transfer authority provided in this section shall be in
addition to any other transfer authority contained in this Act.''.
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(A) not more than $40,000,000 may be made available
for programs referred to in section 1412(b)(4) relating
to demilitarization of defense industries;
(B) not more than $15,000,000 may be made available
for programs referred to in section 1412(b)(6) relating
to military-to-military contacts;
(C) not more than $25,000,000 may be made available
for joint research development programs pursuant to
section 1441;
(D) not more than $10,000,000 may be made available
for the study, assessment, and identification of
nuclear waste disposal activities by the former Soviet
Union in the Arctic region;
(E) not more than $25,000,000 may be made available
for Project PEACE; and
(F) not more than $10,000,000 may be made available
for the Volunteers Investing in Peace and Security
(VIPS) program under chapter 89 of title 10, United
States Code, as added by section 1322.
(2) Section 221(a) of the Soviet Nuclear Threat Reduction
Act of 1991 (title II of Public Law 102-228; 105 Stat. 1695) is
amended-- * * * \8\
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\8\ For text, see page 165 of this volume.
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(b) Technical Revisions to Public Law 102-229.--Public Law
102-229 is amended-- * * * \9\
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\9\ For text, see page 171 of this volume.
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* * * * * * *
u. Conventional Forces in Europe Treaty Implementation Act of 1991
Partial text of Public Law 102-228 [H.R. 3807], 105 Stat. 1691,
approved December 12, 1991; as amended by Public Law 102-484 [National
Defense Authorization Act for Fiscal Year 1993, H.R. 5006], 106 Stat.
2315, approved October 23, 1992; Public Law 102-511 [FREEDOM Support
Act, S. 2532], 106 Stat. 3320, approved October 24, 1992; Public Law
103-236 [Foreign Relations Authorization Act, Fiscal Years 1994 and
1995; H.R. 2333], 108 Stat. 382, approved April 30, 1994; Public Law
104-106 [National Defense Authorization Act for Fiscal Year 1996; S.
1124], 110 Stat. 186, approved February 10, 1996; Public Law 110-53
[Implementing Recommendations of the 9/11 Commission Act of 2007; H.R.
1], 121 Stat. 266, approved August 3, 2007; and Public Law 110-181
[National Defense Authorization Act for Fiscal Year 2008; H.R. 4986],
122 Stat. 3, approved January 28, 2008
AN ACT To amend the Arms Export Control Act to authorize the President
to transfer battle tanks, artillery pieces, and armored combat vehicles
to member countries of the North Atlantic Treaty Organization in
conjunction with implementation of the Treaty on Conventional Armed
Forces in Europe.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ SHORT TITLE.
This Act may be cited as the ``Conventional Forces in
Europe Treaty Implementation Act of 1991''.
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\1\ 22 U.S.C. 2751 note.
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SEC. 2.\2\ AUTHORITY TO TRANSFER CERTAIN CFE TREATY-LIMITED EQUIPMENT
TO NATO MEMBERS.
The Arms Export Control Act is amended by adding at the end
the following: * * *
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\2\ Sec. 2 added a new chapter 9 to the Arms Export Control Act (22
U.S.C. 2799). See Legislation on Foreign Relations Through 2008, vol.
I-A.
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TITLE II--SOVIET WEAPONS DESTRUCTION
Part A--Short Title
SEC. 201.\3\ SHORT TITLE.
This title may be cited as the ``Soviet Nuclear Threat
Reduction Act of 1991''.
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\3\ 22 U.S.C. 2551 note.
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Part B--Findings and Program Authority
SEC. 211. * * * [REPEALED 2007] \4\
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\4\ Sec. 1304(a)(1)(A) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 412) struck out
sec. 211 of this Act. For the full text of the former sec. 211 and
accompanying notes, see Legislation on Foreign Relations Through 2005,
vol. II-B, p. 148. Sec. 1811(1) of the Implementing Recommendations of
the 9/11 Commission Act of 2007 (Public Law 110-53; 121 Stat. 492) had
earlier repealed subsecs. (b) and (c) of sec. 211.
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SEC. 212.\3\,}\5\ AUTHORITY FOR PROGRAM TO FACILITATE SOVIET
WEAPONS DESTRUCTION.
(a) In General.--Notwithstanding any other provision of
law, the President \6\ may establish a program as authorized in
subsection (b) to assist Soviet weapons destruction. Funds for
carrying out this program shall be provided as specified in
part C.
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\5\ In a memorandum for the Secretary of State, the Secretary of
Defense and the Director of the Office of Management and Budget, the
President delegated ``to the Secretary of Defense the authorities and
duties vested in the President under sections 212, 221, 231, and 232 of
H.R. 3807 as passed the Senate on November 25, 1991, and referred to in
section 108 of the Act.''.
The memorandum further provided that the Secretary of Defense shall
not exercise such authority until the Secretary of State first
exercises the authority delegated to him in sec. 211(b). Furthermore,
any obligation of funds on the part of the Secretary of Defense shall
require a determination by the Director of OMB, in accordance with sec.
221(e) of H.R. 3807, as passed by the Senate on November 25, 1991, and
referred to in sec. 108 of Public Law 102-229.
Subsequent to these delegations, sec. 1421(b)(1) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106
Stat. 2565) amended sec. 108 of Public Law 102-229 to refer, instead,
to Public Law 102-228.
\6\ Sec. 1304(a)(1)(B) of Public Law 110-181 (122 Stat. 412) struck
out ``, consistent with the findings stated in section 211,'' at this
point.
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(b) Type of Program.--The program under this section shall
be limited to cooperation among the United States, the Soviet
Union, its republics, and any successor entities to (1) destroy
nuclear weapons, chemical weapons, and other weapons, (2)
transport, store, disable, and safeguard weapons in connection
with their destruction, and (3) establish verifiable safeguards
against the proliferation of such weapons. Such cooperation may
involve assistance in planning and in resolving technical
problems associated with weapons destruction and proliferation.
Such cooperation may also involve the funding of critical
short-term requirements related to weapons destruction and
should, to the extent feasible, draw upon United States
technology and United States technicians.
Part C--Administrative and Funding Authorities
SEC. 221.\3\,}\5\ ADMINISTRATION OF NUCLEAR THREAT REDUCTION
PROGRAMS.
(a) Funding.--
(1) Transfer authority.--The President may, to the
extent provided in an appropriations Act or joint
resolution, transfer to the appropriate defense
accounts from amounts appropriated to the Department of
Defense for fiscal years 1992 and 1993 \7\ for
operation and maintenance or from balances in working
capital accounts established under section 2208 of
title 10, United States Code, not to exceed
$800,000,000 \8\ for use in reducing the Soviet
military threat under part B.
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\7\ Sec. 1421(a)(2)(A) of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2565), struck out
``fiscal year 1992'' and inserted in lieu thereof ``fiscal years 1992
and 1993''.
\8\ Sec. 1421(a)(2)(B) of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2565), struck out
``$400,000,000'' and inserted in lieu thereof ``$800,000,000''. Sec.
506 of the FREEDOM Support Act (Public Law 102-511; 106 Stat. 3341)
made duplicate amendments. Sec. 506(c) of that Act, however, provided:
``(c) Avoidance of Duplicative Amendments.--The amendments made by
this section shall not be effective if the National Defense
Authorization Act for Fiscal Year 1993 enacts an amendment to section
221(a) of the Soviet Nuclear Threat Reduction Act of 1991 that
authorizes the transfer of an amount that is the same or greater than
the amount that is authorized by the amendment made by subsection
(a)(1) of this section and enacts amendments identical to those in
subsections (a)(2) and (b) of this section [subsec. (b) amended Public
Law 102-229]. If that Act enacts such amendments, sections 503 and 508
of this act shall be deemed to apply with respect to the funds made
available under such amendments.''.
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(2) Limitation.--Amounts for transfers under
paragraph (1) may not be derived from amounts
appropriated for any activity of the Department of
Defense that the Secretary of Defense determines
essential for the readiness of the Armed Forces,
including amounts for--
(A) training activities; and
(B) depot maintenance activities.
(b) Department of Defense.--The Department of Defense shall
serve as the executive agent for any program established under
part B.
(c) Reimbursement of Other Agencies.--The Secretary of
Defense may reimburse other United States Government
departments and agencies under this section for costs of
participation, as directed by the President,\9\ only in a
program established under part B.
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\9\ In a memorandum of May 10, 1996, for the Secretaries of State
and Defense, the President delegated this authority to the Secretary of
State (61 F.R. 26033; May 23, 1996).
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(d) Charges Against Funds.--The value of any material from
existing stocks and inventories of the Department of Defense,
or any other United States Government department or agency,
that is used in providing assistance under part B to reduce the
Soviet military threat may not be charged against funds
available pursuant to subsection (a) to the extent that the
material contributed is directed by the President to be
contributed without subsequent replacement.
(e) \5\ Determination by Director of OMB.--No amount may be
obligated for the program under part B for fiscal year 1992 or
fiscal year 1993 \8\, \10\ unless expenditures for
that program for that fiscal year \8\, \11\ have
been determined by the Director of the Office of Management and
Budget to be counted against the defense category of the
discretionary spending limits for that fiscal year
\8\, \12\ (as defined in section 601(a)(2) of the
Congressional Budget Act of 1974) for purposes of part C of the
Balanced Budget and Emergency Deficit Control Act of 1985.
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\10\ Sec. 1421(a)(3)(A) of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2565), inserted
``for fiscal year 1992 or fiscal year 1993'' after ``under part B''.
\11\ Sec. 1421(a)(3)(B) of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2565), inserted
``for that fiscal year'' after ``for that program''.
\12\ Sec. 1421(a)(3)(C) of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2565), struck out
``for fiscal year 1992'' and inserted in lieu thereof ``for that fiscal
year''.
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SEC. 222.\3\ REPAYMENT ARRANGEMENTS.
(a) Reimbursement Arrangements.--Assistance provided under
part B to the Soviet Union, any of its republics, or any
successor entity shall be conditioned, to the extent that the
President determines to be appropriate after consultation with
the recipient government, upon the agreement of the recipient
government to reimburse the United States Government for the
cost of such assistance from natural resources or other
materials available to the recipient government.
(b) Natural Resources, Etc.--The President shall encourage
the satisfaction of such reimbursement arrangements through the
provision of natural resources, such as oil and petroleum
products and critical and strategic materials, and industrial
goods. Materials received by the United States Government
pursuant to this section that are suitable for inclusion in the
Strategic Petroleum Reserve or the National Defense Stockpile
may be deposited in the reserve or stockpile without
reimbursement. Other material and services received may be sold
or traded on the domestic or international market with the
proceeds to be deposited in the General Fund of the Treasury.
SEC. 223.\3\ DIRE EMERGENCY SUPPLEMENTAL APPROPRIATIONS.
It is the sense of the Senate that the committee of
conference on House Joint Resolution 157 \13\ should consider
providing the necessary authority in the conference agreement
for the President to transfer funds pursuant to this title.
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\13\ See sec. 108 of H.J. Res. 157 (Public Law 102-229), page 172
of this volume.
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Part D--Reporting Requirements \14\
SEC. 231.\3\,}\5\ PRIOR NOTICE OF OBLIGATIONS TO CONGRESS.
Not less than 15 days before obligating any funds for a
program under part B, the President shall transmit to the
Congress a report on the proposed obligation. Each such report
shall specify--
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\14\ Under Condition 5(C) of the Senate resolution of advice and
consent to ratification of the Conventional Armed Forces in Europe
treaty (Treaty No. 102-8; November 25, 1991), the President must report
to Congress if a new state is formed in the geographical area covered
by the treaty. In sec. 2(a)(2) of Executive Order 13313 dated July 31,
2003 (68 F.R. 46075; August 5, 2003), the President delegated this
function to the Secretary of State.
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(1) the account, budget activity, and particular
program or programs from which the funds proposed to be
obligated are to be derived and the amount of the
proposed obligation; and
(2) the activities and forms of assistance under part
B for which the President plans to obligate such funds.
SEC. 232.\15\ * * * [REPEALED--1994]
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\15\ Sec. 139(17) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 398),
repealed sec. 232, which had required that the President report
quarterly on certain activities to reduce the Soviet military threat.
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TITLE III--EMERGENCY AIRLIFT AND OTHER SUPPORT
SEC. 301.\16\ AUTHORITY TO TRANSFER CERTAIN FUNDS TO PROVIDE EMERGENCY
AIRLIFT AND OTHER SUPPORT.
(a) Findings.--The Congress finds--
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\16\ In a memorandum dated January 21, 1992, for the Secretary of
Defense (57 F.R. 3111; January 28, 1992), the President, to meet
requirements on funds appropriated by sec. 109 of Public Law 102-229,
relating to the ``transport by military or commercial means, food,
medical supplies, and other types of humanitarian assistance to the
Soviet Union, or its Republics, or localities therein--with the consent
of the relevant Republic government or its independent successor--in
order to address emergency conditions which may arise therein, and for
the purposes set forth in section 301 of H.R. 3807 * * * '', designated
such funds ``as emergency requirements, pursuant to the terms of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended *
* * ''. The President further directed the Secretary of Defense to make
certain transfers, and delegated certain authorities and duties to the
Secretary as defined in sec. 301 of H.R. 3807 as passed by the Senate
on November 25, 1991.
Congress enacted H.R. 3807 as Public Law 102-228 (105 Stat. 1691)
on December 12, 1991. Sec. 1421(b) of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat.
2565) and sec. 506(b) of the FREEDOM Support Act (Public Law 102-511;
106 Stat. 3341) amended references in the corresponding appropriations
act, the Dire Emergency Supplemental Appropriations and Transfers for
Relief From the Effect of Natural Disasters, for Other Urgent Needs,
and for Incremental Cost of ``Operation Desert Shield/Desert Storm''
Act of 1992 (Public Law 102-229; 105 Stat. 1701), to H.R. 3807, as
passed by the Senate on November 25, 1991, to refer instead to the
enacted authorization in Public Law 102-228.
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(1) that political and economic conditions within the
Soviet Union and its republics are unstable and are
likely to remain so for the foreseeable future;
(2) that these conditions could lead to the return of
antidemocratic forces in the Soviet Union;
(3) that one of the most effective means of
preventing such a situation is likely to be the
immediate provision of humanitarian assistance; and
(4) that should this need arise, the United States
should have funds readily available to provide for the
transport of such assistance to the Soviet Union, its
republics, and any successor entities.
(b) Authority to Transfer Certain Funds.--
(1) In general.--Notwithstanding any other provision
of law, the Secretary of Defense, at the direction of
the President, may during fiscal year 1992, to the
extent provided in an appropriations Act or joint
resolution, transfer to the appropriate defense
accounts sufficient funds, not to exceed $100,000,000,
from funds described in paragraph (3) in order to
transport, by military or commercial means, food,
medical supplies, and other types of humanitarian
assistance to the Soviet Union, its republics, or any
successor entities--with the consent of the relevant
republic government or independent successor entity--in
order to address emergency conditions which may arise
in such republic or successor entity, as determined by
the President. As used in this subsection, the term
``humanitarian assistance'' does not include
construction equipment, including tractors, scrapers,
loaders, graders, bulldozers, dumptrucks, generators,
and compressors.
(2) Reports by the secretary of state.--The Secretary
of State shall promptly report to the President
regarding any emergency conditions which may require
such humanitarian assistance. The Secretary's report
shall include an estimate of the extent of need for
such assistance, discuss whether the consent of the
relevant republic government or independent successor
entity has been given for the delivery of such
assistance, describe steps other nations and
organizations are prepared to take in response to an
emergency, and discuss the foreign policy implications,
if any, of providing such assistance.
(3) Source of funds.--Any funds which are transferred
pursuant to this subsection shall be drawn from amounts
appropriated to the Department of Defense for fiscal
year 1992 or from balances in working capital accounts
established under section 2208 of title 10, United
States Code.
(4) Emergency requirements.--The Congress designates
all funds transferred pursuant to this section as
``emergency requirements'' for all purposes of the
Balanced Budget and Emergency Deficit Control Act of
1985. Notwithstanding any other provision of law, funds
shall be available for transfer pursuant to this
section only if, not later than the date of enactment
of the appropriations Act or joint resolution that
makes funds available for transfer pursuant to this
section, the President, in a single designation,
designates the entire amount of funds made available
for such transfer by that appropriations Act or joint
resolution to be ``emergency requirements'' for all
purposes of the Balanced Budget and Emergency Deficit
Control Act of 1985.
(c) Repayment Arrangements.--
(1) Reimbursement arrangements.--Assistance provided
under subsection (b) to the Soviet Union, any of its
republics, or any successor entity shall be
conditioned, to the extent that the President
determines to be appropriate after consultation with
the recipient government, upon the agreement of the
recipient government to reimburse the United States
Government for the cost of such assistance from natural
resources or other materials available to the recipient
government.
(2) Natural resources, etc.--The President shall
encourage the satisfaction of such reimbursement
arrangements through the provision of natural
resources, such as oil and petroleum products and
critical and strategic materials, and industrial goods.
Materials received by the United States Government
pursuant to this subsection that are suitable for
inclusion in the Strategic Petroleum Reserve or the
National Defense Stockpile may be deposited in the
reserve or stockpile without reimbursement. Other
material and services received may be sold or traded on
the domestic or international market with the proceeds
to be deposited in the General Fund of the Treasury.
(d) Dire Emergency Supplemental Appropriations.--It is the
sense of the Senate that the committee of conference on House
Joint Resolution 157 should consider providing the necessary
authority in the conference agreement for the Secretary of
Defense to transfer funds pursuant to this title.
SEC. 302. REPORTING REQUIREMENTS.
(a) Prior Notice.--Before any funds are transferred for the
purposes authorized in section 301(b), the President shall
notify the Committees on Armed Services \17\ and the Committees
on Appropriations of the Senate and the House of
Representatives of the account, budget activity, and particular
program or programs from which the transfer is planned to be
made and the amount of the transfer.
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\17\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Armed Services of the House of
Representatives shall be treated as referring to the Committee on
National Security of the House of Representatives.
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(b) Reports to the Congress.--Within ten days after
directing the Secretary of Defense to transfer funds pursuant
to section 301(b), the President shall provide a report to the
Committees on Armed Services \17\ of the Senate and House of
Representatives, the Committees on Appropriations of the Senate
and House of Representatives, and the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs
\18\ of the House of Representatives. This report shall at a
minimum, set forth--
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\18\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs shall be treated as
referring to the Committee on International Relations.
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(1) the amount of funds transferred under this title,
including the source of such funds;
(2) the conditions which prompted the use of this
authority;
(3) the form and number of lift assets planned to be
used to deliver assistance pursuant to this title;
(4) the types and purpose of the cargo planned to be
delivered pursuant to this title; and
(5) the locations, organizations, and political
institutions to which assistance is planned to be
delivered pursuant to this title.
TITLE IV--ARMS CONTROL AND DISARMAMENT ACT
SEC. 401.\19\ ARMS CONTROL AND DISARMAMENT AGENCY.
(a) Authorization of Appropriations.--Section 49(a) of the
Arms Control and Disarmament Act (22 U.S.C. 2589(a)) is
amended-- * * *
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\19\ Sec. 401(a) and (b) amended the Arms Control and Disarmament
Act at sec. 41 (22 U.S.C. 2581) and sec. 49 (22 U.S.C. 2589(a)).
Subsequently, sec. 1223(21) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-772) redesignated sec. 41 as sec. 401 (see page
17 of this volume), and sec. 1222 of that Act repealed sec. 49, which
pertained to specialists fluent in Russian or other languages of the
independent states of the former Soviet Union.Sec. 139(18) of the
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public
Law 103-236; 108 Stat. 398) repealed sec. 401(c), which had required
that the Inspector General of ACDA report to the President and to
Congress on ACDA's fulfillment of primary functions described in sec. 2
of the Arms Control and Disarmament Act.
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(b) Administrative Authorities Regarding Investigations.--
Section 41 of that Act (22 U.S.C. 2581) is amended-- * * *
(c) * * * [Repealed--1994]
SEC. 402.\20\ ON-SITE INSPECTION AGENCY. * * *
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\20\ Sec. 402(a) amended secs. 61 and 64 of the Arms Control and
Disarmament Act (22 U.S.C. 2595, 2595c). Sec. 402(b) redesignated sec.
64 of the Arms Control and Disarmament Act as sec. 65, and added a new
sec. 64 (22 U.S.C. 2595b-1).
v. Soviet Nuclear Threat Reduction--Appropriations, Fiscal Year 1992
Partial text of Public Law 102-229 [Dire Emergency Supplemental
Appropriations and Transfers for Relief From the Effects of Natural
Disasters, for Other Urgent Needs, and for Incremental Cost of
``Operation Desert Shield/Desert Storm'' Act of 1992; H.J. Res. 157],
105 Stat. 1701, approved December 12, 1991; as amended by Public Law
102-484 [National Defense Authorization Act for Fiscal Year 1993, H.R.
5006], 106 Stat. 2315, approved October 23, 1992; and Public Law 102-
511 [FREEDOM Support Act, S. 2532], 106 Stat. 3320, approved October
24, 1992
JOINT RESOLUTION Making dire emergency supplemental appropriations and
transfers for relief from the effects of natural disasters, for other
urgent needs, and for incremental costs of ``Operation Desert Shield/
Desert Storm'' for the fiscal year ending September 30, 1992, and for
other purposes.
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, to provide dire emergency
supplemental appropriations for the fiscal year ending
September 30, 1992, and for other purposes, namely:
* * * * * * *
TITLE I--EMERGENCY SUPPLEMENTAL APPROPRIATIONS
CHAPTER I
* * * * * * *
restriction on arms sales to saudi arabia and kuwait
Sec. 104. (a) No funds appropriated or otherwise made
available by this or any other Act may be used in any fiscal
year to conduct, support, or administer any sale of defense
articles or defense services to Saudi Arabia or Kuwait until
that country has paid in full, either in cash or in mutually
agreed in-kind contributions, the following commitments made to
the United States to support Operation Desert Shield/Desert
Storm:
(1) In the case of Saudi Arabia, $16,839,000,000.
(2) In the case of Kuwait, $16,006,000,000.
(b) For purposes of this section, the term ``any sale''
means any sale with respect to which the President is required
to submit a numbered certification to the Congress pursuant to
the Arms Export Control Act on or after the effective date of
this section.
(c) This section shall take effect 120 days after the date
of enactment of this joint resolution.
(d) Any military equipment of the United States, including
battle tanks, armored combat vehicles, and artillery, included
within the Conventional Forces in Europe Treaty definition of
``conventional armaments and equipment limited by the Treaty'',
which may be transferred to any other NATO country shall be
subject to the notification procedures stated in section 523 of
Public Law 101-513 and in section 634A of the Foreign
Assistance Act of 1961.
* * * * * * *
(transfer of funds)
Sec. 108.\1\ In addition to other transfer authority
available to the Department of Defense, the Secretary of
Defense may transfer from amounts appropriated to the
Department of Defense for fiscal year 1992 for operation and
maintenance or from balances in working capital accounts
established under section 2208 of title 10, United States Code,
not to exceed $400,000,000, to the appropriate accounts within
the Department of Defense for reducing the Soviet nuclear
threat and for the purposes set forth in the Soviet Nuclear
Threat Reduction Act of 1991 (title II of Public Law 102-
228),\2\, \3\ and under the terms and conditions of
such Act: \4\ Provided, That the readiness of the United States
Armed Forces shall not be diminished by such transfer of
funds.\5\
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\1\ Sec. 1205(c) of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1781), provided the
following:
``(c) Authorization of Extension of Availability of Prior Year
Funds.--To the extent provided in appropriations Acts, the authority to
transfer funds of the Department of Defense provided in section 9110(a)
of the Department of Defense Appropriations Act, 1993 (Public Law 102-
396; 106 Stat. 1928), and in section 108 of Public Law 102-229 (105
Stat. 1708) shall continue to be in effect during fiscal year 1994.''.
\2\ Sec. 1421(b)(1) of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2565), struck out
``contained in H.R. 3807, as passed the Senate on November 25, 1991'',
and inserted in lieu thereof ``(title II of Public Law 102-228)''.
\3\ Sec. 506 of the FREEDOM Support Act (Public Law 102-511; 106
Stat. 3341) made duplicate amendments. Sec. 506(c) of that Act,
however, provided:
``(c) Avoidance of Duplicative Amendments.--The amendments made by
this section shall not be effective if the National Defense
Authorization Act for Fiscal Year 1993 enacts an amendment to section
221(a) of the Soviet Nuclear Threat Reduction Act of 1991 that
authorizes the transfer of an amount that is the same or greater than
the amount that is authorized by the amendment made by subsection
(a)(1) of this section and enacts amendments identical to those in
subsections (a)(2) and (b) of this section [subsec. (b) amended Public
Law 102-229]. If that Act enacts such amendments, sections 503 and 508
of this act shall be deemed to apply with respect to the funds made
available under such amendments.''.
\4\ In a memorandum dated January 21, 1992 for the Secretary of
Defense (57 F.R. 3111; January 28, 1992), the President, to meet
requirements on funds appropriated by sec. 109 of Public Law 102-229,
relating to the ``transport by military or commercial means, food,
medical supplies, and other types of humanitarian assistance to the
Soviet Union, or its Republics, or localities therein--with the consent
of the relevant Republic government or its independent successor--in
order to address emergency conditions which may arise therein, and for
the purposes set forth in section 301 of H.R. 3807, as passed the
Senate on November 25, 1991, and under the terms and conditions of such
section 301 of H.R. 3807 * * * '', designated such funds ``as emergency
requirements, pursuant to the terms of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended * * * ''. The
President further directed the Secretary of Defense to make certain
transfers, and delegated certain authorities and duties to the
Secretary as defined by sec. 301 of H.R. 3807 as passed by the Senate
on November 25, 1991.
For the Soviet Nuclear Threat Reduction Act of 1991, as contained
in H.R. 3807, and passed by the Senate on November 25, 1991, see
Legislation on Foreign Relations Through 1991, vol. II, page 1042. For
the Soviet Nuclear Threat Reduction Act of 1991, as enacted into law
(Public Law 102-228; 105 Stat. 1693), see Legislation on Foreign
Relations Through 1991, vol. II, page 1028.
\5\ Sec. 9110(a) of the Department of Defense Appropriations Act,
1993 (Public Law 102-396; 106 Stat. 1928), authorized the Secretary of
Defense to transfer to appropriate appropriation accounts for the
Department of Defense, out of funds appropriated to the Department of
Defense for fiscal year 1993, up to $400,000,000 to be available for
the purposes authorized in the Former Soviet Union Demilitarization Act
of 1992, in addition to amounts transferred pursuant to the authority
provided in sec. 108 of Public Law 102-229 (105 Stat. 1708). Congress
earmarked the funds made available in sec. 9110(a) of Public Law 102-
396 for particular projects, see 106 Stat. 1928. Sec. 9110(c) of that
Act authorized the transfer of another $15,000,000 from the balances of
DOD working capital funds for the purposes authorized in sec. 109. Sec.
9110(e) of that Act authorized the transfer of another $40,000,000 for
international proliferation activities pursuant to the Weapons of Mass
Destruction Control Act of 1992 (title XV of Public Law 102-484).
Title II of the Department of Defense Appropriations Act, 1994
(Public Law 103-139; 107 Stat. 1426), provided $400,000,000 for former
Soviet Union threat reduction. Title II of the Department of Defense
Appropriations Act, 1995 (Public Law 103-335; 108 Stat. 2606), also
provided $400,000,000. Title I, chapter II, Department of Defense,
Operation and Maintenance, of Public Law 104-6 (109 Stat. 77), however,
rescinded $20,000,000 of that which was provided in Public Law 103-335.
Title II of the Department of Defense Appropriations Act, 1996 (Public
Law 104-61; 109 Stat. 642) provided $300,000,000. Title II of the
Department of Defense Appropriations Act, 1997 (as enacted by sec.
101(b) of title I of Public Law 104-208; 110 Stat. 3009-78), provided
$327,900,000. Title II of the Department of Defense Appropriations Act,
1998 (Public Law 105-56; 111 Stat. 1210) provided $382,200,000. Title
II of the Department of Defense Appropriations Act, 1999 (Public Law
105-262; 112 Stat. 2286) provided $440,400,000. Title II of the
Department of Defense Appropriations Act, 2000 (Public Law 106-79; 113
Stat. 1220) provided $460,500,000. Title II of the Department of
Defense Appropriations Act, 2001 (Public Law 106-259; 114 Stat. 663)
provided $443,400,000. Sec. 8054 of title VIII of division A of the
Department of Defense and Emergency Supplemental Appropriations for
Recovery from and Response to Terrorist Attacks on the United States
Act, 2002 (Public Law 107-117: 115 Stat. 2259), however, rescinded
$50,000,000 from Cooperative Threat Reduction appropriations for fiscal
years 2003-2005. Title II of the Department of Defense Appropriations
Act, 2003 (Public Law 107-248; 116 Stat. 1526) provided $416,700,000.
Title II of the Department of Defense Appropriations Act, 2004 (Public
Law 108-87; 117 Stat. 1061) provided $450,800,000. Title II of the
Department of Defense Appropriations Act, 2005 (Public Law 108-287; 118
Stat. 959) provided $409,200,000.
Most recently, title II of the Department of Defense, Emergency
Supplemental Appropriations to Address Hurricanes in the Gulf of
Mexico, and Pandemic Influenza Act, 2006 (Public Law 109-148; 119 Stat.
2687) provided the following:
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``Former Soviet Union Threat Reduction Account
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``For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure transportation and
storage of nuclear, chemical and other weapons; for establishing
programs to prevent the proliferation of weapons, weapons components,
and weapon-related technology and expertise; for programs relating to
the training and support of defense and military personnel for
demilitarization and protection of weapons, weapons components and
weapons technology and expertise, and for defense and military
contacts, $415,549,000, to remain available until September 30, 2008:
Provided, That of the amounts provided under this heading, $15,000,000
shall be available only to support the dismantling and disposal of
nuclear submarines, submarine reactor components, and security
enhancements for transport and storage of nuclear warheads in the
Russian Far East.''.
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(transfer of funds)
Sec. 109.\4\, \5\, \6\ In addition to
other transfer authority available to the Department of
Defense, the Secretary of Defense, upon the declaration of an
emergency by the President under the terms of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended,
may transfer from amounts appropriated to the Department of
Defense for fiscal year 1992 or from balances in working
capital accounts established under section 2208 of title 10,
United States Code, not to exceed $100,000,000, to the
appropriate accounts within the Department of Defense, in order
to transport by military or commercial means, food, medical
supplies, and other types of humanitarian assistance to the
Soviet Union, or its Republics, or localities therein--with the
consent of the relevant Republic government or its independent
successor--in order to address emergency conditions which may
arise therein, and for the purposes set forth in section 301 of
Public Law 102-228 (105 Stat. 1696),\3\, \7\ and
under the terms and conditions of such section 301:
\3\, \8\ Provided, That the readiness of the United
States Armed Forces shall not be diminished by such transfer of
funds: Provided further, That the Committees on Appropriations
be notified of transfers under this provision fifteen days in
advance.
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\6\ In a January 21, 1992, memorandum for the Secretary of Defense
(57 F.R. 3111; January 28, 1992), the President stated:
``1. I designate as emergency requirements, pursuant to the terms
of the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, the full amount for which section 109 provides.
``2. Effective upon satisfaction of applicable congressional
notification requirements, I direct the Secretary of Defense to
transfer funds under section 109 as it incorporates by reference
section 301(b) of H.R. 3807 as passed the Senate on November 25, 1991.
``3. The authorities and duties of the President under section 301
of H.R. 3807 as passed the Senate on November 25, 1991, and referred to
in section 109 (except the designation of emergency relating to funding
addressed in paragraph 1 and the direction addressed in paragraph 2)
are hereby delegated to the Secretary of Defense.''.
\7\ Sec. 1421(b)(2)(A) of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2565) struck out
``H.R. 3807, as passed the Senate on November 25, 1991'' and inserted
in lieu thereof ``Public Law 102-228 (105 Stat. 1696)''.
\8\ Sec. 1421(b)(2)(B) of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2565) struck out
``of H.R. 3807'' here.
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* * * * * * *
TITLE II--GENERAL PROVISIONS
* * * * * * *
Sec. 201. No part of any appropriation contained in this
joint resolution shall remain available for obligation beyond
the current fiscal year unless expressly so provided herein.
congressional designation of emergency
Sec. 202. Although the President has only designated
portions of the funds in this joint resolution pertaining to
the incremental costs of Desert Shield/Desert Storm and certain
Federal Emergency Management Agency costs as ``emergency
requirements'', the Congress believes that the same or higher
priority should be given to helping American people recover
from natural disasters and other emergency situations as has
been given to foreign aid ``emergency'' needs. The Congress
therefore designates all funds in Titles I and II of this joint
resolution as ``emergency requirements'' for all purposes of
the Balanced Budget and Emergency Deficit Control Act of 1985.
* * * * * * *
SEC. 204. SENSE OF THE SENATE REGARDING UNITED STATES RECOGNITION OF
UKRAINIAN INDEPENDENCE.
(a) Findings.--The Senate makes the following findings:
(1) On August 24, 1991, the democratically elected
Ukrainian parliament declared Ukrainian independence
and the creation of an independent, democratic state--
Ukraine.
(2) That declaration reflects the desire of the
people of Ukraine for freedom and independence
following long years of communist oppression,
collectivization, and centralization.
(3) On December 1, 1991, a republic-wide referendum
will be held in Ukraine to confirm the August 24, 1991,
declaration of independence.
(4) Ukraine is pursuing a peaceful and democratic
path to independence and has pledged to comply with the
Helsinki Final Act and other documents of the
Conference on Security and Cooperation in Europe.
(5) Ukraine and Russia signed an agreement on August
29, 1991, recognizing each other's rights to state
independence and affirming each other's territorial
integrity.
(6) Ukraine, a nation of 52,000,000 people, with its
own distinct linguistic, cultural, and religious
traditions, is determined to take its place among the
family of free and democratic nations of the world.
(7) The Congress has traditionally supported the
rights of people to peaceful and democratic self-
determination.
(8) As recognized in Article VIII of the Helsinki
Final Act of the Conference on Security and Cooperation
in Europe, ``all peoples always have the right, in full
freedom, to determine, when and as they wish, their
internal and external political status, without
external interference, and to pursue as they wish their
political, economic, social and cultural development''.
(b) Sense of the Senate.--It is the sense of the Senate
that the President--
(1) should recognize Ukraine's independence and
undertake steps toward the establishment of full
diplomatic relations with Ukraine should the December
1, 1991, referendum confirm Ukrainian parliament's
independence declaration; and
(2) should use United States assistance, trade, and
other programs to support the Government of Ukraine and
encourage the further development of democracy and a
free market in Ukraine.
* * * * * * *
This joint resolution may be cited as the ``Dire Emergency
Supplemental Appropriations and Transfers for Relief From the
Effects of Natural Disasters, for Other Urgent Needs, and for
Incremental Cost of `Operation Desert Shield/Desert Storm' Act
of 1992''.
4. Nonproliferation of Weapons of Mass Destruction \1\
a. Implementing Recommendations of the 9/11 Commission Concerning
Nonproliferation and Terrorism
Partial text of Public Law 110-53 [Title XVIII of the Implementing
Recommendations of the 9/11 Commission Act of 2007; H.R. 1], 121 Stat.
266, approved August 3, 2007
AN ACT To provide for the implementation of the recommendations of the
National Commission on Terrorist Attacks Upon the United States.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
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\1\ See also arms control provisions in annual National Defense
Authorization Acts, sec. 5 of this volume, beginning at page 528. See
also international terrorism provisions, this volume. See also in the
Arms Export Control Act (Legislation on Foreign Relations Through 2008,
vol. I-A): chapter 7--Control of Missiles and Missile Equipment
Technology, chapter 8--Chemical or Biological Weapons Proliferation,
and chapter 10--Nuclear Proliferation Controls. See also in the Export
Administration Act of 1979 (Legislation on Foreign Relations Through
2008, vol. III): sec. 5--National Security Controls, sec. 6--Foreign
Policy Controls, sec. 11A--Multilateral Export Control Violations, sec.
11B--Missile Proliferation Control Violations, sec. 11C--Chemical and
Biological Weapons Proliferation Sanctions.
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SECTION 1.\2\ SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Implementing Recommendations of the 9/11 Commission Act of
2007''.
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\2\ 6 U.S.C. 101 note.
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(b) * * *
* * * * * * *
TITLE XVIII--PREVENTING WEAPONS OF MASS DESTRUCTION PROLIFERATION AND
TERRORISM
Sec. 1801. Findings.
Sec. 1802. Definitions.
Subtitle A--Repeal and Modification of Limitations on Assistance for
Prevention of WMD Proliferation and Terrorism
Sec. 1811. Repeal and modification of limitations on assistance for
prevention of weapons of mass destruction proliferation and
terrorism.
Subtitle B--Proliferation Security Initiative
Sec. 1821. Proliferation Security Initiative improvements and
authorities.
Sec. 1822. Authority to provide assistance to cooperative countries.
Subtitle C--Assistance to Accelerate Programs to Prevent Weapons of Mass
Destruction Proliferation and Terrorism
Sec. 1831. Statement of policy.
Sec. 1832. Authorization of appropriations for the Department of Defense
Cooperative Threat Reduction Program.
Sec. 1833. Authorization of appropriations for the Department of Energy
programs to prevent weapons of mass destruction proliferation
and terrorism.
Subtitle D--Office of the United States Coordinator for the Prevention
of Weapons of Mass Destruction Proliferation and Terrorism
Sec. 1841. Office of the United States Coordinator for the Prevention of
Weapons of Mass Destruction Proliferation and Terrorism.
Sec. 1842. Sense of Congress on United States-Russia cooperation and
coordination on the prevention of weapons of mass destruction
proliferation and terrorism.
Subtitle E--Commission on the Prevention of Weapons of Mass Destruction
Proliferation and Terrorism
Sec. 1851. Establishment of Commission on the Prevention of Weapons of
Mass Destruction Proliferation and Terrorism.
Sec. 1852. Purposes of Commission.
Sec. 1853. Composition of Commission.
Sec. 1854. Responsibilities of Commission.
Sec. 1855. Powers of Commission.
Sec. 1856. Nonapplicability of Federal Advisory Committee Act.
Sec. 1857. Report.
Sec. 1858. Termination.
Sec. 1859. Funding.
* * * * * * *
TITLE XVIII--PREVENTING WEAPONS OF MASS DESTRUCTION PROLIFERATION AND
TERRORISM
SEC. 1801.\3\ FINDINGS.
The 9/11 Commission has made the following recommendations:
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\3\ 50 U.S.C. 2901.
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(1) Strengthen ``counter-proliferation'' efforts.--
The United States should work with the international
community to develop laws and an international legal
regime with universal jurisdiction to enable any state
in the world to capture, interdict, and prosecute
smugglers of nuclear material.
(2) Expand the proliferation security initiative.--In
carrying out the Proliferation Security Initiative, the
United States should--
(A) use intelligence and planning resources
of the North Atlantic Treaty Organization
(NATO) alliance;
(B) make participation open to non-NATO
countries; and
(C) encourage Russia and the People's
Republic of China to participate.
(3) Support the cooperative threat reduction
program.--The United States should expand, improve,
increase resources for, and otherwise fully support the
Cooperative Threat Reduction program.
SEC. 1802.\4\ DEFINITIONS.
In this title:
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\4\ 50 U.S.C. 2902.
---------------------------------------------------------------------------
(1) The terms ``prevention of weapons of mass
destruction proliferation and terrorism'' and
``prevention of WMD proliferation and terrorism''
include activities under--
(A) the programs specified in section 1501(b)
of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat.
2731; 50 U.S.C. 2362 note);
(B) the programs for which appropriations are
authorized by section 3101(a)(2) of the Bob
Stump National Defense Authorization Act for
Fiscal Year 2003 (Public Law 107-314; 116 Stat.
2729);
(C) programs authorized by section 504 of the
Freedom for Russia and Emerging Eurasian
Democracies and Open Markets Support Act of
1992 (the FREEDOM Support Act) (22 U.S.C. 5854)
and programs authorized by section 1412 of the
Former Soviet Union Demilitarization Act of
1992 (22 U.S.C. 5902); and
(D) a program of any agency of the Federal
Government having a purpose similar to that of
any of the programs identified in subparagraphs
(A) through (C), as designated by the United
States Coordinator for the Prevention of
Weapons of Mass Destruction Proliferation and
Terrorism and the head of the agency.
(2) The terms ``weapons of mass destruction'' and
``WMD'' mean chemical, biological, and nuclear weapons,
and chemical, biological, and nuclear materials used in
the manufacture of such weapons.
(3) The term ``items of proliferation concern''
means--
(A) equipment, materials, or technology
listed in--
(i) the Trigger List of the
Guidelines for Nuclear Transfers of the
Nuclear Suppliers Group;
(ii) the Annex of the Guidelines for
Transfers of Nuclear-Related Dual-Use
Equipment, Materials, Software, and
Related Technology of the Nuclear
Suppliers Group; or
(iii) any of the Common Control Lists
of the Australia Group; and
(B) any other sensitive items.
Subtitle A--Repeal and Modification of Limitations on Assistance for
Prevention of WMD Proliferation and Terrorism
SEC. 1811. REPEAL AND MODIFICATION OF LIMITATIONS ON ASSISTANCE FOR
PREVENTION OF WEAPONS OF MASS DESTRUCTION
PROLIFERATION AND TERRORISM.
Consistent with the recommendations of the 9/11 Commission,
Congress repeals or modifies the limitations on assistance for
prevention of weapons of mass destruction proliferation and
terrorism as follows: * * *
(1) Soviet nuclear threat reduction act of 1991.--
Subsections (b) and (c) of section 211 of the Soviet
Nuclear Threat Reduction Act of 1991 (title II of
Public Law 102-228; 22 U.S.C. 2551 note) are repealed.
(2) Cooperative threat reduction act of 1993.--
Section 1203(d) of the Cooperative Threat Reduction Act
of 1993 (title XII of Public Law 103-160; 22 U.S.C.
5952(d)) is repealed.
(3) Russian chemical weapons destruction
facilities.--Section 1305 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-
65; 22 U.S.C. 5952 note) is repealed.
(4) Authority to use cooperative threat reduction
funds outside the former soviet union--modification of
certification requirement; congressional notice
requirement.--Section 1308 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-
136; 22 U.S.C. 5963) is amended-- * * *
Subtitle B--Proliferation Security Initiative
SEC. 1821.\5\ PROLIFERATION SECURITY INITIATIVE IMPROVEMENTS AND
AUTHORITIES.
(a) Sense of Congress.--It is the sense of Congress,
consistent with the 9/11 Commission's recommendations, that the
President should strive to expand and strengthen the
Proliferation Security Initiative (in this subtitle referred to
as ``PSI'') announced by the President on May 31, 2003, with a
particular emphasis on the following:
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\5\ 50 U.S.C. 2911.
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(1) Issuing a presidential directive to the relevant
United States Government agencies and departments that
directs such agencies and departments to--
(A) establish clear PSI authorities,
responsibilities, and structures;
(B) include in the budget request for each
such agency or department for each fiscal year,
a request for funds necessary for United States
PSI-related activities; and
(C) provide other necessary resources to
achieve more efficient and effective
performance of United States PSI-related
activities.
(2) Increasing PSI cooperation with all countries.
(3) Implementing the recommendations of the
Government Accountability Office (GAO) in the September
2006 report titled ``Better Controls Needed to Plan and
Manage Proliferation Security Initiative Activities''
(GAO-06-937C) regarding the following:
(A) The Department of Defense and the
Department of State should establish clear PSI
roles and responsibilities, policies and
procedures, interagency communication
mechanisms, documentation requirements, and
indicators to measure program results.
(B) The Department of Defense and the
Department of State should develop a strategy
to work with PSI-participating countries to
resolve issues that are impediments to
conducting successful PSI interdictions.
(4) Establishing a multilateral mechanism to increase
coordination, cooperation, and compliance among PSI-
participating countries.
(b) \6\ Budget Submission.--
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\6\ In Delegation of Authority 314 dated June 30, 2008 (73 F.R.
39369; July 9, 2008), the Deputy Secretary of State delegated the
reporting function in this subsection to the Under Secretary of State
for Arms Control and International Security. The Deputy Secretary of
State is authorized to delegate such functions pursuant to Delegation
of Authority 245 dated April 23, 2001 (66 F.R. 22065; May 2, 2001), in
which the Secretary of State delegated all of his authorities to the
Deputy Secretary of State. The Secretary of State's authority for such
delegation is located in sec. 1(a)(4) of the State Department Basic
Authorities Act of 1956, as amended (Public Law 84-885; 22 U.S.C.
2651a(a)(4)). See Legislation on Foreign Relations Through 2008, vol.
II-A, p. xx.
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(1) In general.--Each fiscal year in which activities
are planned to be carried out under the PSI, the
President shall include in the budget request for each
participating United States Government agency or
department for that fiscal year, a description of the
funding and the activities for which the funding is
requested for each such agency or department.
(2) Report.--Not later than the first Monday in
February of each year in which the President submits a
budget request described in paragraph (1), the
Secretary of Defense and the Secretary of State shall
submit to Congress a comprehensive joint report setting
forth the following:
(A) A 3-year plan, beginning with the fiscal
year for the budget request, that specifies the
amount of funding and other resources to be
provided by the United States for PSI-related
activities over the term of the plan, including
the purposes for which such funding and
resources will be used.
(B) For the report submitted in 2008, a
description of the PSI-related activities
carried out during the 3 fiscal years preceding
the year of the report, and for the report
submitted in 2009 and each year thereafter, a
description of the PSI-related activities
carried out during the fiscal year preceding
the year of the report. The description shall
include, for each fiscal year covered by the
report--
(i) the amounts obligated and
expended for such activities and the
purposes for which such amounts were
obligated and expended;
(ii) a description of the
participation of each department or
agency of the United States Government
in such activities;
(iii) a description of the
participation of each foreign country
or entity in such activities;
(iv) a description of any assistance
provided to a foreign country or entity
participating in such activities in
order to secure such participation, in
response to such participation, or in
order to improve the quality of such
participation; and
(v) such other information as the
Secretary of Defense and the Secretary
of State determine should be included
to keep Congress fully informed of the
operation and activities of the PSI.
(3) Classification.--The report required by paragraph
(2) shall be in an unclassified form but may include a
classified annex as necessary.
(c) Implementation Report.--Not later than 180 days after
the date of the enactment of this Act, the President shall
transmit to the Committee on Armed Services and the Committee
on Foreign Affairs of the House of Representatives and the
Committee on Armed Services and the Committee on Foreign
Relations of the Senate a report on the implementation of this
section. The report shall include--
(1) the steps taken to implement the recommendations
described in paragraph (3) of subsection (a); and
(2) the progress made toward implementing the matters
described in paragraphs (1), (2), and (4) of subsection
(a).
(d) GAO Reports.--The Government Accountability Office
shall submit to Congress, for each of fiscal years 2007, 2009,
and 2011, a report with its assessment of the progress and
effectiveness of the PSI, which shall include an assessment of
the measures referred to in subsection (a).
SEC. 1822.\7\ AUTHORITY TO PROVIDE ASSISTANCE TO COOPERATIVE COUNTRIES.
(a) In General.--The President is authorized to provide
assistance under subsection (b) to any country that cooperates
with the United States and with other countries allied with the
United States to prevent the transport and transshipment of
items of proliferation concern in its national territory or
airspace or in vessels under its control or registry.
---------------------------------------------------------------------------
\7\ 50 U.S.C. 2912.
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(b) Types of Assistance.--The assistance authorized under
subsection (a) consists of the following:
(1) Assistance under section 23 of the Arms Export
Control Act (22 U.S.C. 2763).
(2) Assistance under chapters 4 (22 U.S.C. 2346 et
seq.) and 5 (22 U.S.C. 2347 et seq.) of part II of the
Foreign Assistance Act of 1961.
(3) Drawdown of defense excess defense articles and
services under section 516 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321j).
(c) Congressional Notification.--Assistance authorized
under this section may not be provided until at least 30 days
after the date on which the President has provided notice
thereof to the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives and the Committee on Armed Services,
the Committee on Foreign Relations, and the Committee on
Appropriations of the Senate, in accordance with the procedures
applicable to reprogramming notifications under section 634A(a)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1(a)),
and has certified to such committees that such assistance will
be used in accordance with the requirement of subsection (e) of
this section.
(d) Limitation.--Assistance may be provided to a country
under subsection (a) in no more than 3 fiscal years.
(e) Use of Assistance.--Assistance provided under this
section shall be used to enhance the capability of the
recipient country to prevent the transport and transshipment of
items of proliferation concern in its national territory or
airspace, or in vessels under its control or registry,
including through the development of a legal framework in that
country to enhance such capability by criminalizing
proliferation, enacting strict export controls, and securing
sensitive materials within its borders, and to enhance the
ability of the recipient country to cooperate in PSI
operations.
(f) Limitation on Ship or Aircraft Transfers.--
(1) Limitation.--Except as provided in paragraph (2),
the President may not transfer any excess defense
article that is a vessel or an aircraft to a country
that has not agreed, in connection with such transfer,
that it will support and assist efforts by the United
States, consistent with international law, to interdict
items of proliferation concern until 30 days after the
date on which the President has provided notice of the
proposed transfer to the committees described in
subsection (c) in accordance with the procedures
applicable to reprogramming notifications under section
634A(a) of the Foreign Assistance Act of 1961 (22
U.S.C. 2394-1(a)), in addition to any other requirement
of law.
(2) Exception.--The limitation in paragraph (1) shall
not apply to any transfer, not involving significant
military equipment, in which the primary use of the
aircraft or vessel will be for counternarcotics,
counterterrorism, or counterproliferation purposes.
Subtitle C--Assistance to Accelerate Programs to Prevent Weapons of
Mass Destruction Proliferation and Terrorism
SEC. 1831.\8\ STATEMENT OF POLICY.
It shall be the policy of the United States, consistent
with the 9/11 Commission's recommendations, to eliminate any
obstacles to timely obligating and executing the full amount of
any appropriated funds for threat reduction and
nonproliferation programs in order to accelerate and strengthen
progress on preventing weapons of mass destruction (WMD)
proliferation and terrorism. Such policy shall be implemented
with concrete measures, such as those described in this title,
including the removal and modification of statutory limits to
executing funds, the expansion and strengthening of the
Proliferation Security Initiative, the establishment of the
Office of the United States Coordinator for the Prevention of
Weapons of Mass Destruction Proliferation and Terrorism under
subtitle D, and the establishment of the Commission on the
Prevention of Weapons of Mass Destruction Proliferation and
Terrorism under subtitle E. As a result, Congress intends that
any funds authorized to be appropriated to programs for
preventing WMD proliferation and terrorism under this subtitle
will be executed in a timely manner.
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\8\ 50 U.S.C. 2921.
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SEC. 1832.\9\ AUTHORIZATION OF APPROPRIATIONS FOR THE DEPARTMENT OF
DEFENSE COOPERATIVE THREAT REDUCTION PROGRAM.
(a) Fiscal Year 2008.--
---------------------------------------------------------------------------
\9\ 50 U.S.C. 2922.
---------------------------------------------------------------------------
(1) In general.--Subject to paragraph (2), there are
authorized to be appropriated to the Department of
Defense Cooperative Threat Reduction Program such sums
as may be necessary for fiscal year 2008 for the
following purposes:
(A) Chemical weapons destruction at
Shchuch'ye, Russia.
(B) Biological weapons proliferation
prevention.
(C) Acceleration, expansion, and
strengthening of Cooperative Threat Reduction
Program activities.
(2) Limitation.--The sums appropriated pursuant to
paragraph (1) may not exceed the amounts authorized to
be appropriated by any national defense authorization
Act for fiscal year 2008 (whether enacted before or
after the date of the enactment of this Act) to the
Department of Defense Cooperative Threat Reduction
Program for such purposes.
(b) Future Years.--It is the sense of Congress that in
fiscal year 2008 and future fiscal years, the President should
accelerate and expand funding for Cooperative Threat Reduction
programs administered by the Department of Defense and such
efforts should include, beginning upon enactment of this Act,
encouraging additional commitments by the Russian Federation
and other partner nations, as recommended by the 9/11
Commission.
SEC. 1833.\10\ AUTHORIZATION OF APPROPRIATIONS FOR THE DEPARTMENT OF
ENERGY PROGRAMS TO PREVENT WEAPONS OF MASS
DESTRUCTION PROLIFERATION AND TERRORISM.
(a) In General.--Subject to subsection (b), there are
authorized to be appropriated to Department of Energy National
Nuclear Security Administration Defense Nuclear
Nonproliferation such sums as may be necessary for fiscal year
2008 to accelerate, expand, and strengthen the following
programs to prevent weapons of mass destruction (WMD)
proliferation and terrorism:
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\10\ 50 U.S.C. 2923.
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(1) The Global Threat Reduction Initiative.
(2) The Nonproliferation and International Security
program.
(3) The International Materials Protection, Control
and Accounting program.
(4) The Nonproliferation and Verification Research
and Development program.
(b) Limitation.--The sums appropriated pursuant to
subsection (a) may not exceed the amounts authorized to be
appropriated by any national defense authorization Act for
fiscal year 2008 (whether enacted before or after the date of
the enactment of this Act) to Department of Energy National
Nuclear Security Administration Defense Nuclear
Nonproliferation for such purposes.
Subtitle D--Office of the United States Coordinator for the Prevention
of Weapons of Mass Destruction Proliferation and Terrorism
SEC. 1841.\11\ OFFICE OF THE UNITED STATES COORDINATOR FOR THE
PREVENTION OF WEAPONS OF MASS DESTRUCTION
PROLIFERATION AND TERRORISM.
(a) Establishment.--There is established within the
Executive Office of the President an office to be known as the
``Office of the United States Coordinator for the Prevention of
Weapons of Mass Destruction Proliferation and Terrorism'' (in
this section referred to as the ``Office'').
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\11\ 50 U.S.C. 2931.
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(b) Officers.--
(1) United states coordinator.--The head of the
Office shall be the United States Coordinator for the
Prevention of Weapons of Mass Destruction Proliferation
and Terrorism (in this section referred to as the
``Coordinator'').
(2) Deputy united states coordinator.--There shall be
a Deputy United States Coordinator for the Prevention
of Weapons of Mass Destruction Proliferation and
Terrorism (in this section referred to as the ``Deputy
Coordinator''), who shall--
(A) assist the Coordinator in carrying out
the responsibilities of the Coordinator under
this subtitle; and
(B) serve as Acting Coordinator in the
absence of the Coordinator and during any
vacancy in the office of Coordinator.
(3) Appointment.--The Coordinator and Deputy
Coordinator shall be appointed by the President, by and
with the advice and consent of the Senate, and shall be
responsible on a full-time basis for the duties and
responsibilities described in this section.
(4) Limitation.--No person shall serve as Coordinator
or Deputy Coordinator while serving in any other
position in the Federal Government.
(5) Access by congress.--The establishment of the
Office of the Coordinator within the Executive Office
of the President shall not be construed as affecting
access by the Congress or committees of either House
to--
(A) information, documents, and studies in
the possession of, or conducted by or at the
direction of, the Coordinator; or
(B) personnel of the Office of the
Coordinator.
(c) Duties.--The responsibilities of the Coordinator shall
include the following:
(1) Serving as the principal advisor to the President
on all matters relating to the prevention of weapons of
mass destruction (WMD) proliferation and terrorism.
(2) Formulating a comprehensive and well-coordinated
United States strategy and policies for preventing WMD
proliferation and terrorism, including--
(A) measurable milestones and targets to
which departments and agencies can be held
accountable;
(B) identification of gaps, duplication, and
other inefficiencies in existing activities,
initiatives, and programs and the steps
necessary to overcome these obstacles;
(C) plans for preserving the nuclear security
investment the United States has made in
Russia, the former Soviet Union, and other
countries;
(D) prioritized plans to accelerate,
strengthen, and expand the scope of existing
initiatives and programs, which include
identification of vulnerable sites and material
and the corresponding actions necessary to
eliminate such vulnerabilities;
(E) new and innovative initiatives and
programs to address emerging challenges and
strengthen United States capabilities,
including programs to attract and retain top
scientists and engineers and strengthen the
capabilities of United States national
laboratories;
(F) plans to coordinate United States
activities, initiatives, and programs relating
to the prevention of WMD proliferation and
terrorism, including those of the Department of
Energy, the Department of Defense, the
Department of State, and the Department of
Homeland Security, and including the
Proliferation Security Initiative, the G-8
Global Partnership Against the Spread of
Weapons and Materials of Mass Destruction,
United Nations Security Council Resolution
1540, and the Global Initiative to Combat
Nuclear Terrorism;
(G) plans to strengthen United States
commitments to international regimes and
significantly improve cooperation with other
countries relating to the prevention of WMD
proliferation and terrorism, with particular
emphasis on work with the international
community to develop laws and an international
legal regime with universal jurisdiction to
enable any state in the world to interdict and
prosecute smugglers of WMD material, as
recommended by the 9/11 Commission; and
(H) identification of actions necessary to
implement the recommendations of the Commission
on the Prevention of Weapons of Mass
Destruction Proliferation and Terrorism
established under subtitle E of this title.
(3) Leading inter-agency coordination of United
States efforts to implement the strategy and policies
described in this section.
(4) Conducting oversight and evaluation of
accelerated and strengthened implementation of
initiatives and programs to prevent WMD proliferation
and terrorism by relevant government departments and
agencies.
(5) Overseeing the development of a comprehensive and
coordinated budget for programs and initiatives to
prevent WMD proliferation and terrorism, ensuring that
such budget adequately reflects the priority of the
challenges and is effectively executed, and carrying
out other appropriate budgetary authorities.
(d) Staff.--The Coordinator may--
(1) appoint, employ, fix compensation, and terminate
such personnel as may be necessary to enable the
Coordinator to perform his or her duties under this
title;
(2) direct, with the concurrence of the Secretary of
a department or head of an agency, the temporary
reassignment within the Federal Government of personnel
employed by such department or agency, in order to
implement United States policy with regard to the
prevention of WMD proliferation and terrorism;
(3) use for administrative purposes, on a
reimbursable basis, the available services, equipment,
personnel, and facilities of Federal, State, and local
agencies;
(4) procure the services of experts and consultants
in accordance with section 3109 of title 5, United
States Code, relating to appointments in the Federal
Service, at rates of compensation for individuals not
to exceed the daily equivalentof the rate of pay
payable for a position at level IV of the Executive
Schedule under section 5315 of title 5, United States
Code; and
(5) use the mails in the same manner as any other
department or agency of the executive branch.
(e) Consultation With Commission.--The Office and the
Coordinator shall regularly consult with and strive to
implement the recommendations of the Commission on the
Prevention of Weapons of Mass Destruction Proliferation and
Terrorism, established under subtitle E of this title.
(f) Annual Report on Strategic Plan.--For fiscal year 2009
and each fiscal year thereafter, the Coordinator shall submit
to Congress, at the same time as the submission of the budget
for that fiscal year under title 31, United States Code, a
report on the strategy and policies developed pursuant to
subsection (c)(2), together with any recommendations of the
Coordinator for legislative changes that the Coordinator
considers appropriate with respect to such strategy and
policies and their implementation or the Office of the
Coordinator.
(g) Participation in National Security Council and Homeland
Security Council.--Section 101 of the National Security Act of
1947 (50 U.S.C. 402) is amended-- * * *
SEC. 1842.\12\ SENSE OF CONGRESS ON UNITED STATES-RUSSIA COOPERATION
AND COORDINATION ON THE PREVENTION OF WEAPONS OF
MASS DESTRUCTION PROLIFERATION AND TERRORISM.
It is the sense of the Congress that, as soon as practical,
the President should engage the President of the Russian
Federation in a discussion of the purposes and goals for the
establishment of the Office of the United States Coordinator
for the Prevention of Weapons of Mass Destruction Proliferation
and Terrorism (in this section referred to as the ``Office''),
the authorities and responsibilities of the United States
Coordinator for the Prevention of Weapons of Mass Destruction
Proliferation and Terrorism (in this section referred to as the
``United States Coordinator''), and the importance of strong
cooperation between the United States Coordinator and a senior
official of the Russian Federation having authorities and
responsibilities for preventing weapons of mass destruction
proliferation and terrorism commensurate with those of the
United States Coordinator, and with whom the United States
Coordinator should coordinate planning and implementation of
activities within and outside of the Russian Federation having
the purpose of preventing weapons of mass destruction
proliferation and terrorism.
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\12\ 50 U.S.C. 2932.
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Subtitle E--Commission on the Prevention of Weapons of Mass Destruction
Proliferation and Terrorism
SEC. 1851. ESTABLISHMENT OF COMMISSION ON THE PREVENTION OF WEAPONS OF
MASS DESTRUCTION PROLIFERATION AND TERRORISM.
There is established the Commission on the Prevention of
Weapons of Mass Destruction Proliferation and Terrorism (in
this subtitle referred to as the ``Commission'').
SEC. 1852. PURPOSES OF COMMISSION.
(a) In General.--The purposes of the Commission are to--
(1) assess current activities, initiatives, and
programs to prevent weapons of mass destruction
proliferation and terrorism; and
(2) provide a clear and comprehensive strategy and
concrete recommendations for such activities,
initiatives, and programs.
(b) In Particular.--The Commission shall give particular
attention to activities, initiatives, and programs to secure
all nuclear weapons-usable material around the world and to
significantly accelerate, expand, and strengthen, on an urgent
basis, United States and international efforts to prevent,
stop, and counter the spread of nuclear weapons capabilities
and related equipment, material, and technology to terrorists
and states of concern.
SEC. 1853. COMPOSITION OF COMMISSION.
(a) Members.--The Commission shall be composed of 9
members, of whom--
(1) 1 member shall be appointed by the leader of the
Senate of the Democratic Party (majority or minority
leader, as the case may be), with the concurrence of
the leader of the House of Representatives of the
Democratic party (majority or minority leader as the
case may be), who shall serve as chairman of the
Commission;
(2) 2 members shall be appointed by the senior member
of the Senate leadership of the Democratic party;
(3) 2 members shall be appointed by the senior member
of the Senate leadership of the Republican party;
(4) 2 members shall be appointed by the senior member
of the leadership of the House of Representatives of
the Democratic party; and
(5) 2 members shall be appointed by the senior member
of the leadership of the House of Representatives of
the Republican party.
(b) Qualifications.--It is the sense of Congress that
individuals appointed to the Commission should be prominent
United States citizens, with significant depth of experience in
the nonproliferation or arms control fields.
(c) Deadline for Appointment.--All members of the
Commission shall be appointed within 90 days of the date of the
enactment of this Act.
(d) Initial Meeting.--The Commission shall meet and begin
the operations of the Commission as soon as practicable.
(e) Quorum; Vacancies.--After its initial meeting, the
Commission shall meet upon the call of the chairman or a
majority of its members. Six members of the Commission shall
constitute a quorum. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made.
SEC. 1854. RESPONSIBILITIES OF COMMISSION.
(a) In General.--The Commission shall address--
(1) the roles, missions, and structure of all
relevant government departments, agencies, and other
actors, including the Office of the United States
Coordinator for the Prevention of Weapons of Mass
Destruction Proliferation and Terrorism established
under subtitle D of this title;
(2) inter-agency coordination;
(3) United States commitments to international
regimes and cooperation with other countries; and
(4) the threat of weapons of mass destruction
proliferation and terrorism to the United States and
its interests and allies, including the threat posed by
black-market networks, and the effectiveness of the
responses by the United States and the international
community to such threats.
(b) Follow-on Baker-Cutler Report.--The Commission shall
also reassess, and where necessary update and expand on, the
conclusions and recommendations of the report titled ``A Report
Card on the Department of Energy's Nonproliferation Programs
with Russia'' of January 2001 (also known as the ``Baker-Cutler
Report'') and implementation of such recommendations.
SEC. 1855. POWERS OF COMMISSION.
(a) Hearings and Evidence.--The Commission or, on the
authority of the Commission, any subcommittee or member
thereof, may, for the purpose of carrying out this subtitle,
hold such hearings and sit and act at such times and places,
take such testimony, receive such evidence, and administer such
oaths as the Commission or such designated subcommittee or
designated member may determine advisable.
(b) Contracting.---The Commission may, to such extent and
in such amounts as are provided in appropriations Acts, enter
into contracts to enable the Commission to discharge its duties
under this subtitle.
(c) Staff of Commission.--
(1) Appointment and compensation.--The chairman of
the Commission, in accordance with rules agreed upon by
the Commission, may appoint and fix the compensation of
a staff director and such other personnel as may be
necessary to enable the Commission to carry out its
functions, without regard to the provisions of title 5,
United States Code, governing appointments in the
competitive service, and without regard to the
provisions of chapter 51 and subchapter III of chapter
53 of such title relating to classification and General
Schedule pay rates, except that no rate of pay fixed
under this subsection may exceed the equivalent of that
payable for a position at level V of the Executive
Schedule under section 5316 of title 5, United States
Code.
(2) Personnel as federal employees.--
(A) In general.--The executive director and
any employees of the Commission shall be
employees under section 2105 of title 5, United
States Code, for purposes of chapters 63, 81,
83, 84, 85, 87, 89, and 90 of that title.
(B) Members of commission.--Subparagraph (A)
shall not be construed to apply to members of
the Commission.
(3) Detailees.--Any Federal Government employee may
be detailed to the Commission without reimbursement
from the Commission, and such detailee shall retain the
rights, status, and privileges of his or her regular
employment without interruption.
(4) Consultant services.--The Commission may procure
the services of experts and consultants in accordance
with section 3109 of title 5, United States Code, but
at rates not to exceed the daily rate paid a person
occupying a position at level IV of the Executive
Schedule under section 5315 of title 5, United States
Code.
(5) Emphasis on security clearances.--Emphasis shall
be made to hire employees and retain contractors and
detailees with active security clearances.
(d) Information From Federal Agencies.--
(1) In general.--The Commission is authorized to
secure directly from any executive department, bureau,
agency, board, commission, office, independent
establishment, or instrumentality of the Government,
information, suggestions, estimates, and statistics for
the purposes of this subtitle. Each department, bureau,
agency, board, commission, office, independent
establishment, or instrumentality shall, to the extent
authorized by law, furnish such information,
suggestions, estimates, and statistics directly to the
Commission, upon request made by the chairman, the
chairman of any subcommittee created by a majority of
the Commission, or any member designated by a majority
of the Commission.
(2) Receipt, handling, storage, and dissemination.--
Information shall only be received, handled, stored,
and disseminated by members of the Commission and its
staff consistent with all applicable statutes,
regulations, and Executive orders.
(e) Assistance From Federal Agencies.--
(1) General services administration.--The
Administrator of General Services shall provide to the
Commission on a reimbursable basis administrative
support and other services for the performance of the
Commission's functions.
(2) Other departments and agencies.--In addition to
the assistance prescribed in paragraph (1), departments
and agencies of the United States may provide to the
Commission such services, funds, facilities, staff, and
other support services as they may determine advisable
and as may be authorized by law.
(f) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property.
(g) Postal Services.--The Commission may use the United
States mails in the same manner and under the same conditions
as departments and agencies of the United States.
SEC. 1856. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.
(a) In General.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Commission.
(b) Public Meetings and Release of Public Versions of
Reports.--The Commission shall--
(1) hold public hearings and meetings to the extent
appropriate; and
(2) release public versions of the report required
under section 1857.
(c) Public Hearings.--Any public hearings of the Commission
shall be conducted in a manner consistent with the protection
of information provided to or developed for or by the
Commission as required by any applicable statute, regulation,
or Executive order.
SEC. 1857. REPORT.
Not later than 180 days after the appointment of the
Commission, the Commission shall submit to the President and
Congress a final report containing such findings, conclusions,
and recommendations for corrective measures as have been agreed
to by a majority of Commission members.
SEC. 1858. TERMINATION.
(a) In General.--The Commission, and all the authorities of
this subtitle, shall terminate 60 days after the date on which
the final report is submitted under section 1857.
(b) Administrative Activities Before Termination.--The
Commission may use the 60-day period referred to in subsection
(a) for the purpose of concluding its activities, including
providing testimony to committees of Congress concerning its
report and disseminating the final report.
SEC. 1859. FUNDING.
(a) In General.--There are authorized to be appropriated
such sums as may be necessary for the purposes of the
activities of the Commission under this title.
(b) Duration of Availability.--Amounts made available to
the Commission under subsection (a) shall remain available
until the termination of the Commission.
b. United States Additional Protocol Implementation Act
Partial text of Public Law 109-401 [Title II of the Henry J. Hyde
United States-India Peaceful Atomic Energy Cooperation Act of 2006;
H.R. 5682], 120 Stat. 2741, approved December 18, 2006
AN ACT To exempt from certain requirements of the Atomic Energy Act of
1954 a proposed nuclear agreement for cooperation with India.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
TITLE II--UNITED STATES ADDITIONAL PROTOCOL IMPLEMENTATION
SEC. 201.\1\ SHORT TITLE.
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\1\ 22 U.S.C. 8101 note.
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This title may be cited as the ``United States Additional
Protocol Implementation Act''.
SEC. 202.\2\ FINDINGS.
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\2\ 22 U.S.C. 8101.
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Congress makes the following findings:
(1) The proliferation of nuclear weapons and other
nuclear explosive devices poses a grave threat to the
national security of the United States and its vital
national interests.
(2) The Nuclear Non-Proliferation Treaty has proven
critical to limiting such proliferation.
(3) For the Nuclear Non-Proliferation Treaty to be
effective, each of the non-nuclear-weapon State Parties
must conclude a comprehensive safeguards agreement with
the IAEA, and such agreements must be honored and
enforced.
(4) Recent events emphasize the urgency of
strengthening the effectiveness and improving the
efficiency of the safeguards system. This can best be
accomplished by providing IAEA inspectors with more
information about, and broader access to, nuclear
activities within the territory of non-nuclear-weapon
State Parties.
(5) The proposed scope of such expanded information
and access has been negotiated by the member states of
the IAEA in the form of a Model Additional Protocol to
its existing safeguards agreements, and universal
acceptance of Additional Protocols by non-nuclear
weapons states is essential to enhancing the
effectiveness of the Nuclear Non-Proliferation Treaty.
(6) On June 12, 1998, the United States, as a
nuclear-weapon State Party, signed an Additional
Protocol that is based on the Model Additional
Protocol, but which also contains measures, consistent
with its existing safeguards agreements with its
members, that protect the right of the United States to
exclude the application of IAEA safeguards to locations
and activities with direct national security
significance or to locations or information associated
with such activities.
(7) Implementation of the Additional Protocol in the
United States in a manner consistent with United States
obligations under the Nuclear Non-Proliferation Treaty
may encourage other parties to the Nuclear Non-
Proliferation Treaty, especially non-nuclear-weapon
State Parties, to conclude Additional Protocols and
thereby strengthen the Nuclear Non-Proliferation Treaty
safeguards system and help reduce the threat of nuclear
proliferation, which is of direct and substantial
benefit to the United States.
(8) Implementation of the Additional Protocol by the
United States is not required and is completely
voluntary given its status as a nuclear-weapon State
Party, but the United States has acceded to the
Additional Protocol to demonstrate its commitment to
the nuclear nonproliferation regime and to make United
States civil nuclear activities available to the same
IAEA inspections as are applied in the case of non-
nuclear-weapon State Parties.
(9) In accordance with the national security
exclusion contained in Article 1.b of its Additional
Protocol, the United States will not allow any
inspection activities, nor make any declaration of any
information with respect to, locations, information,
and activities of direct national security significance
to the United States.
(10) Implementation of the Additional Protocol will
conform to the principles set forth in the letter of
April 30, 2002, from the United States Permanent
Representative to the International Atomic Energy
Agency and the Vienna Office of the United Nations to
the Director General of the International Atomic Energy
Agency.
SEC. 203.\3\ DEFINITIONS.
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\3\ 22 U.S.C. 8102.
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In this title:
(1) Additional protocol.--The term ``Additional
Protocol'', when used in the singular form, means the
Protocol Additional to the Agreement between the United
States of America and the International Atomic Energy
Agency for the Application of Safeguards in the United
States of America, with Annexes, signed at Vienna June
12, 1998 (T. Doc. 107-7).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
Committee on Armed Services, the Committee on Foreign
Relations, and the Committee on Appropriations of the
Senate and the Committee on Armed Services, the
Committee on International Relations, the Committee on
Science, and the Committee on Appropriations of the
House of Representatives.
(3) Complementary access.--The term ``complementary
access'' means the exercise of the IAEA's access rights
as set forth in Articles 4 to 6 of the Additional
Protocol.
(4) Executive agency.--The term ``executive agency''
has the meaning given such term in section 105 of title
5, United States Code.
(5) Facility.---The term ``facility'' has the meaning
set forth in Article 18i. of the Additional Protocol.
(6) IAEA.--The term ``IAEA'' means the International
Atomic Energy Agency.
(7) Judge of the united states.--The term ``judge of
the United States'' means a United States district
judge, or a United States magistrate judge appointed
under the authority of chapter 43 of title 28, United
States Code.
(8) Location.--The term ``location'' means any
geographic point or area declared or identified by the
United States or specified by the International Atomic
Energy Agency.
(9) Nuclear non-proliferation treaty.--The term
``Nuclear Non-Proliferation Treaty'' means the Treaty
on the Non-Proliferation of Nuclear Weapons, done at
Washington, London, and Moscow July 1, 1968, and
entered into force March 5, 1970 (21 UST 483).
(10) Nuclear-weapon state party and non-nuclear-
weapon state party.--The terms ``nuclear-weapon State
Party'' and ``non-nuclear-weapon State Party'' have the
meanings given such terms in the Nuclear Non-
Proliferation Treaty.
(11) Person.--The term ``person'', except as
otherwise provided, means any individual, corporation,
partnership, firm, association, trust, estate, public
or private institution, any State or any political
subdivision thereof, or any political entity within a
State, any foreign government or nation or any agency,
instrumentality, or political subdivision of any such
government or nation, or other entity located in the
United States.
(12) Site.--The term ``site'' has the meaning set
forth in Article 18b. of the Additional Protocol.
(13) United states.--The term ``United States'', when
used as a geographic reference, means the several
States of the United States, the District of Columbia,
and the commonwealths, territories, and possessions of
the United States and includes all places under the
jurisdiction or control of the United States,
including--
(A) the territorial sea and the overlying
airspace;
(B) any civil aircraft of the United States
or public aircraft, as such terms are defined
in paragraphs (17) and (41), respectively, of
section 40102(a) of title 49, United States
Code; and
(C) any vessel of the United States, as such
term is defined in section 3(b) of the Maritime
Drug Law Enforcement Act (46 U.S.C. App.
1903(b)).
(14) Wide-area environmental sampling.--The term
``wide-area environmental sampling'' has the meaning
set forth in Article 18g. of the Additional Protocol.
SEC. 204.\4\ SEVERABILITY.
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\4\ 22 U.S.C. 8103.
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If any provision of this title, or the application of such
provision to any person or circumstance, is held invalid, the
remainder of this title, or the application of such provision
to persons or circumstances other than those as to which it is
held invalid, shall not be affected thereby.
Subtitle A--General Provisions
SEC. 211.\5\ AUTHORITY.
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\5\ 22 U.S.C. 8111.
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(a) \6\ In General.--The President is authorized to
implement and carry out the provisions of this title and the
Additional Protocol and shall designate through Executive order
which executive agency or agencies of the United States, which
may include but are not limited to the Department of State, the
Department of Defense, the Department of Justice, the
Department of Commerce, the Department of Energy, and the
Nuclear Regulatory Commission, shall issue or amend and enforce
regulations in order to implement this title and the provisions
of the Additional Protocol.
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\6\ The President made executive agency designations of authority
in Executive Order 13458. See ``Executive Orders Concerning
Nonproliferation of Weapons of Mass Destruction'', this volume, for the
full text of Executive Order 13458.
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(b) Included Authority.--For any executive agency
designated under subsection (a) that does not currently possess
the authority to conduct site vulnerability assessments and
related activities, the authority provided in subsection (a)
includes such authority.
(c) Exception.--The authority described in subsection (b)
does not supersede or otherwise modify any existing authority
of any Federal department or agency already having such
authority.
Subtitle B--Complementary Access
SEC. 221.\7\ REQUIREMENT FOR AUTHORITY TO CONDUCT COMPLEMENTARY ACCESS.
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\7\ 22 U.S.C. 8121.
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(a) Prohibition.--No complementary access to any location
in the United States shall take place pursuant to the
Additional Protocol without the authorization of the United
States Government in accordance with the requirements of this
title.
(b) Authority.--
(1) In general.--Complementary access to any location
in the United States subject to access under the
Additional Protocol is authorized in accordance with
this title.
(2) United states representatives.--
(A) Restrictions.--In the event of
complementary access to a privately owned or
operated location, no employee of the
Environmental Protection Agency or of the Mine
Safety and Health Administration or the
Occupational Safety and Health Administration
of the Department of Labor may participate in
the access.
(B) Number.--The number of designated United
States representatives accompanying IAEA
inspectors shall be kept to the minimum
necessary.
SEC. 222.\8\ PROCEDURES FOR COMPLEMENTARY ACCESS.
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\8\ 22 U.S.C. 8122.
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(a) In General.--Each instance of complementary access to a
location in the United States under the Additional Protocol
shall be conducted in accordance with this subtitle.
(b) Notice.--
(1) In general.--Complementary access referred to in
subsection (a) may occur only upon the issuance of an
actual written notice by the United States Government
to the owner, operator, occupant, or agent in charge of
the location to be subject to complementary access.
(2) Time of notification.--The notice under paragraph
(1) shall be submitted to such owner, operator,
occupant, or agent as soon as possible after the United
States Government has received notification that the
IAEA seeks complementary access. Notices may be posted
prominently at the location if the United States
Government is unable to provide actual written notice
to such owner, operator, occupant, or agent.
(3) Content of notice.--
(A) In general.--The notice required by
paragraph (1) shall specify--
(i) the purpose for the complementary
access;
(ii) the basis for the selection of
the facility, site, or other location
for the complementary access sought;
(iii) the activities that will be
carried out during the complementary
access;
(iv) the time and date that the
complementary access is expected to
begin, and the anticipated period
covered by the complementary access;
and
(v) the names and titles of the
inspectors.
(4) Separate notices required.--A separate notice
shall be provided each time that complementary access
is sought by the IAEA.
(c) Credentials.--The complementary access team of the IAEA
and representatives or designees of the United States
Government shall display appropriate identifying credentials to
the owner, operator, occupant, or agent in charge of the
location before gaining entry in connection with complementary
access.
(d) Scope.--
(1) In general.--Except as provided in a warrant
issued under section 223, and subject to the rights of
the United States Government under the Additional
Protocol to limit complementary access, complementary
access to a location pursuant to this title may extend
to all activities specifically permitted for such
locations under Article 6 of the Additional Protocol.
(2) Exception.--Unless required by the Additional
Protocol, no inspection under this title shall extend
to--
(A) financial data (other than production
data);
(B) sales and marketing data (other than
shipment data);
(C) pricing data;
(D) personnel data;
(E) patent data;
(F) data maintained for compliance with
environmental or occupational health and safety
regulations; or
(G) research data.
(e) Environment, Health, Safety, and Security.--In carrying
out their activities, members of the IAEA complementary access
team and representatives or designees of the United States
Government shall observe applicable environmental, health,
safety, and security regulations established at the location
subject to complementary access, including those for protection
of controlled environments within a facility and for personal
safety.
SEC. 223.\9\ CONSENTS, WARRANTS, AND COMPLEMENTARY ACCESS.
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\9\ 22 U.S.C. 8123.
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(a) In General.--
(1) Procedure.--
(A) Consent.--Except as provided in paragraph
(2), an appropriate official of the United
States Government shall seek or have the
consent of the owner, operator, occupant, or
agent in charge of a location prior to entering
that location in connection with complementary
access pursuant to sections 221 and 222. The
owner, operator, occupant, or agent in charge
of the location may withhold consent for any
reason or no reason.
(B) Administrative search warrant.--In the
absence of consent, the United States
Government may seek an administrative search
warrant from a judge of the United States under
subsection (b). Proceedings regarding the
issuance of an administrative search warrant
shall be conducted ex parte, unless otherwise
requested by the United States Government.
(2) Expedited access.--For purposes of obtaining
access to a location pursuant to Article 4b.(ii) of the
Additional Protocol in order to satisfy United States
obligations under the Additional Protocol when notice
of two hours or less is required, the United States
Government may gain entry to such location in
connection with complementary access, to the extent
such access is consistent with the Fourth Amendment to
the United States Constitution, without obtaining
either a warrant or consent.
(b) Administrative Search Warrants for Complementary
Access.--
(1) Obtaining administrative search warrants.--For
complementary access conducted in the United States
pursuant to the Additional Protocol, and for which the
acquisition of a warrant is required, the United States
Government shall first obtain an administrative search
warrant from a judge of the United States. The United
States Government shall provide to such judge all
appropriate information regarding the basis for the
selection of the facility, site, or other location to
which complementary access is sought.
(2) Content of affidavits for administrative search
warrants.--A judge of the United States shall promptly
issue an administrative search warrant authorizing the
requested complementary access upon an affidavit
submitted by the United States Government--
(A) stating that the Additional Protocol is
in force;
(B) stating that the designated facility,
site, or other location is subject to
complementary access under the Additional
Protocol;
(C) stating that the purpose of the
complementary access is consistent with Article
4 of the Additional Protocol;
(D) stating that the requested complementary
access is in accordance with Article 4 of the
Additional Protocol;
(E) containing assurances that the scope of
the IAEA's complementary access, as well as
what it may collect, shall be limited to the
access provided for in Article 6 of the
Additional Protocol;
(F) listing the items, documents, and areas
to be searched and seized;
(G) stating the earliest commencement and the
anticipated duration of the complementary
access period, as well as the expected times of
day during which such complementary access will
take place; and
(H) stating that the location to which entry
in connection with complementary access is
sought was selected either--
(i) because there is probable cause,
on the basis of specific evidence, to
believe that information required to be
reported regarding a location pursuant
to regulations promulgated under this
title is incorrect or incomplete, and
that the location to be accessed
contains evidence regarding that
violation; or
(ii) pursuant to a reasonable general
administrative plan based upon specific
neutral criteria.
(3) Content of warrants.--A warrant issued under
paragraph (2) shall specify the same matters required
of an affidavit under that paragraph. In addition, each
warrant shall contain the identities of the
representatives of the IAEA on the complementary access
team and the identities of the representatives or
designees of the United States Government required to
display identifying credentials under section 222(c).
SEC. 224.\10\ PROHIBITED ACTS RELATING TO COMPLEMENTARY ACCESS.
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\10\ 22 U.S.C. 8124.
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It shall be unlawful for any person willfully to fail or
refuse to permit, or to disrupt, delay, or otherwise impede, a
complementary access authorized by this subtitle or an entry in
connection with such access.
Subtitle C--Confidentiality of Information
SEC. 231.\11\ PROTECTION OF CONFIDENTIALITY OF INFORMATION.
Information reported to, or otherwise acquired by, the
United States Government under this title or under the
Additional Protocol shall be exempt from disclosure under
section 552 of title 5, United States Code.
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\11\ 22 U.S.C. 8131.
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Subtitle D--Enforcement
SEC. 241.\12\ RECORDKEEPING VIOLATIONS.
It shall be unlawful for any person willfully to fail or
refuse--
---------------------------------------------------------------------------
\12\ 22 U.S.C. 8141.
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(1) to establish or maintain any record required by
any regulation prescribed under this title;
(2) to submit any report, notice, or other
information to the United States Government in
accordance with any regulation prescribed under this
title; or
(3) to permit access to or copying of any record by
the United States Government in accordance with any
regulation prescribed under this title.
SEC. 242.\13\ PENALTIES.
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\13\ 22 U.S.C. 8142.
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(a) Civil.--
(1) Penalty amounts.--Any person that is determined,
in accordance with paragraph (2), to have violated
section 224 or section 241 shall be required by order
to pay a civil penalty in an amount not to exceed
$25,000 for each violation. For the purposes of this
paragraph, each day during which a violation of section
224 continues shall constitute a separate violation of
that section.
(2) Notice and hearing.--
(A) In general.--Before imposing a penalty
against a person under paragraph (1), the head
of an executive agency designated under section
211(a) shall provide the person with notice of
the order. If, within 15 days after receiving
the notice, the person requests a hearing, the
head of the designated executive agency shall
initiate a hearing on the violation.
(B) Conduct of hearing.--Any hearing so
requested shall be conducted before an
administrative judge. The hearing shall be
conducted in accordance with the requirements
of section 554 of title 5, United States Code.
If no hearing is so requested, the order
imposed by the head of the designated agency
shall constitute a final agency action.
(C) Issuance of orders.--If the
administrative judge determines, upon the
preponderance of the evidence received, that a
person named in the complaint has violated
section 224 or section 241, the administrative
judge shall state the findings of fact and
conclusions of law, and issue and serve on such
person an order described in paragraph (1).
(D) Factors for determination of penalty
amounts.--In determining the amount of any
civil penalty, the administrative judge or the
head of the designated agency shall take into
account the nature, circumstances, extent, and
gravity of the violation or violations and,
with respect to the violator, the ability to
pay, effect on ability to continue to do
business, any history of such violations, the
degree of culpability, the existence of an
internal compliance program, and such other
matters as justice may require.
(E) Content of notice.--For the purposes of
this paragraph, notice shall be in writing and
shall be verifiably served upon the person or
persons subject to an order described in
paragraph (1). In addition, the notice shall--
(i) set forth the time, date, and
specific nature of the alleged
violation or violations; and
(ii) specify the administrative and
judicial remedies available to the
person or persons subject to the order,
including the availability of a hearing
and subsequent appeal.
(3) Administrative appellate review.--The decision
and order of an administrative judge shall be the
recommended decision and order and shall be referred to
the head of the designated executive agency for final
decision and order. If, within 60 days, the head of the
designated executive agency does not modify or vacate
the decision and order, it shall become a final agency
action under this subsection.
(4) Judicial review.--A person adversely affected by
a final order may, within 30 days after the date the
final order is issued, file a petition in the Court of
Appeals for the District of Columbia Circuit or in the
Court of Appeals for the district in which the
violation occurred.
(5) Enforcement of final orders.--
(A) In general.--If a person fails to comply
with a final order issued against such person
under this subsection and--
(i) the person has not filed a
petition for judicial review of the
order in accordance with paragraph (4),
or
(ii) a court in an action brought
under paragraph (4) has entered a final
judgment in favor of the designated
executive agency,
the head of the designated executive agency
shall commence a civil action to seek
compliance with the final order in any
appropriate district court of the United
States.
(B) No review.--In any such civil action, the
validity and appropriateness of the final order
shall not be subject to review.
(C) Interest.--Payment of penalties assessed
in a final order under this section shall
include interest at currently prevailing rates
calculated from the date of expiration of the
60-day period referred to in paragraph (3) or
the date of such final order, as the case may
be.
(b) Criminal.--Any person who violates section 224 or
section 241 may, in addition to or in lieu of any civil penalty
which may be imposed under subsection (a) for such violation,
be fined under title 18, United States Code, imprisoned for not
more than five years, or both.
SEC. 243.\14\ SPECIFIC ENFORCEMENT.
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\14\ 22 U.S.C. 8143.
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(a) Jurisdiction.--The district courts of the United States
shall have jurisdiction over civil actions brought by the head
of an executive agency designated under section 211(a)--
(1) to restrain any conduct in violation of section
224 or section 241; or
(2) to compel the taking of any action required by or
under this title or the Additional Protocol.
(b) Civil Actions.--
(1) In general.--A civil action described in
subsection (a) may be brought--
(A) in the case of a civil action described
in paragraph (1) of such subsection, in the
United States district court for the judicial
district in which any act, omission, or
transaction constituting a violation of section
224 or section 241 occurred or in which the
defendant is found or transacts business; or
(B) in the case of a civil action described
in paragraph (2) of such subsection, in the
United States district court for the judicial
district in which the defendant is found or
transacts business.
(2) Service of process.--In any such civil action,
process shall be served on a defendant wherever the
defendant may reside or may be found.
Subtitle E--Environmental Sampling
SEC. 251.\15\ NOTIFICATION TO CONGRESS OF IAEA BOARD APPROVAL OF WIDE-
AREA ENVIRONMENTAL SAMPLING.
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\15\ 22 U.S.C. 8151.
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(a) In General.--Not later than 30 days after the date on
which the Board of Governors of the IAEA approves wide-area
environmental sampling for use as a safeguards verification
tool, the President shall notify the appropriate congressional
committees.
(b) Content.--The notification under subsection (a) shall
contain--
(1) a description of the specific methods and
sampling techniques approved by the Board of Governors
that are to be employed for purposes of wide-area
sampling;
(2) a statement as to whether or not such sampling
may be conducted in the United States under the
Additional Protocol; and
(3) an assessment of the ability of the approved
methods and sampling techniques to detect, identify,
and determine the conduct, type, and nature of nuclear
activities.
SEC. 252.\16\ APPLICATION OF NATIONAL SECURITY EXCLUSION TO WIDE-AREA
ENVIRONMENTAL SAMPLING.
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\16\ 22 U.S.C. 8152.
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In accordance with Article 1(b) of the Additional Protocol,
the United States shall not permit any wide-area environmental
sampling proposed by the IAEA to be conducted at a specified
location in the United States under Article 9 of the Additional
Protocol unless the President has determined and reported to
the appropriate congressional committees with respect to that
proposed use of environmental sampling that--
(1) the proposed use of wide-area environmental
sampling is necessary to increase the capability of the
IAEA to detect undeclared nuclear activities in the
territory of a non-nuclear-weapon State Party;
(2) the proposed use of wide-area environmental
sampling will not result in access by the IAEA to
locations, activities, or information of direct
national security significance; and
(3) the United States--
(A) has been provided sufficient opportunity
for consultation with the IAEA if the IAEA has
requested complementary access involving wide-
area environmental sampling; or
(B) has requested under Article 8 of the
Additional Protocol that the IAEA engage in
complementary access in the United States that
involves the use of wide-area environmental
sampling.
SEC. 254.\17\ RULE OF CONSTRUCTION.
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\17\ 22 U.S.C. 8154.
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As used in this subtitle, the term ``necessary to increase
the capability of the IAEA to detect undeclared nuclear
activities in the territory of a non-nuclear-weapon State
Party'' shall not be construed to encompass proposed uses of
environmental sampling that might assist the IAEA in detecting
undeclared nuclear activities in the territory of a non-
nuclear-weapon State Party by--
(1) setting a good example of cooperation in the
conduct of such sampling; or
(2) facilitating the formation of a political
consensus or political support for such sampling in the
territory of a non-nuclear-weapon State Party.
Subtitle F--Protection of National Security Information and Activities
SEC. 261.\18\ PROTECTION OF CERTAIN INFORMATION.
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\18\ 22 U.S.C. 8161.
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(a) Locations and Facilities of Direct National Security
Significance.--No current or former Department of Defense or
Department of Energy location, site, or facility of direct
national security significance shall be declared or be subject
to IAEA inspection under the Additional Protocol.
(b) Information of Direct National Security Significance.--
No information of direct national security significance
regarding any location, site, or facility associated with
activities of the Department of Defense or the Department of
Energy shall be provided under the Additional Protocol.
(c) Restricted Data.--Nothing in this title shall be
construed to permit the communication or disclosure to the IAEA
or IAEA employees of restricted data controlled by the
provisions of the Atomic Energy Act of 1954 (42 U.S.C. 2011 et
seq.), including in particular ``Restricted Data'' as defined
under paragraph (1) of section 11 y. of such Act (42 U.S.C.
2014(y)).
(d) Classified Information.--Nothing in this Act shall be
construed to permit the communication or disclosure to the IAEA
or IAEA employees of national security information and other
classified information.
SEC. 262.\19\ IAEA INSPECTIONS AND VISITS.
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\19\ 22 U.S.C. 8162.
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(a) Certain Individuals Prohibited From Obtaining Access.--
No national of a country designated by the Secretary of State
under section 620A of the Foreign Assistance Act of 1961 (22
U.S.C. 2371) as a government supporting acts of international
terrorism shall be permitted access to the United States to
carry out an inspection activity under the Additional Protocol
or a related safeguards agreement.
(b) Presence of United States Government Personnel.--IAEA
inspectors shall be accompanied at all times by United States
Government personnel when inspecting sites, locations,
facilities, or activities in the United States under the
Additional Protocol.
(c) Vulnerability and Related Assessments.--The President
shall conduct vulnerability, counterintelligence, and related
assessments not less than every 5 years to ensure that
information of direct national security significance remains
protected at all sites, locations, facilities, and activities
in the United States that are subject to IAEA inspection under
the Additional Protocol.
Subtitle G--Reports
SEC. 271.\20\ REPORT ON INITIAL UNITED STATES DECLARATION.
---------------------------------------------------------------------------
\20\ 22 U.S.C. 8171.
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Not later than 60 days before submitting the initial United
States declaration to the IAEA under the Additional Protocol,
the President shall submit to Congress a list of the sites,
locations, facilities, and activities in the United States that
the President intends to declare to the IAEA, and a report
thereon.
SEC. 272.\21\ REPORT ON REVISIONS TO INITIAL UNITED STATES DECLARATION.
---------------------------------------------------------------------------
\21\ 22 U.S.C. 8172.
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Not later than 60 days before submitting to the IAEA any
revisions to the United States declaration submitted under the
Additional Protocol, the President shall submit to Congress a
list of any sites, locations, facilities, or activities in the
United States that the President intends to add to or remove
from the declaration, and a report thereon.
SEC. 273.\22\ CONTENT OF REPORTS ON UNITED STATES DECLARATIONS.
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\22\ 22 U.S.C. 8173.
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The reports required under section 271 and section 272
shall present the reasons for each site, location, facility,
and activity being declared or being removed from the
declaration list and shall certify that--
(1) each site, location, facility, and activity
included in the list has been examined by each agency
with national security equities with respect to such
site, location, facility, or activity; and
(2) appropriate measures have been taken to ensure
that information of direct national security
significance will not be compromised at any such site,
location, facility, or activity in connection with an
IAEA inspection.
SEC. 274.\23\ REPORT ON EFFORTS TO PROMOTE THE IMPLEMENTATION OF
ADDITIONAL PROTOCOLS.
Not later than 180 days after the entry into force of the
Additional Protocol, the President shall submit to the
appropriate congressional committees a report on--
---------------------------------------------------------------------------
\23\ 22 U.S.C. 8174.
---------------------------------------------------------------------------
(1) measures that have been or should be taken to
achieve the adoption of additional protocols to
existing safeguards agreements signed by non-nuclear-
weapon State Parties; and
(2) assistance that has been or should be provided by
the United States to the IAEA in order to promote the
effective implementation of additional protocols to
existing safeguards agreements signed by non-nuclear-
weapon State Parties and the verification of the
compliance of such parties with IAEA obligations, with
a plan for providing any needed additional funding.
SEC. 275.\24\ NOTICE OF IAEA NOTIFICATIONS.
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\24\ 22 U.S.C. 8175.
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The President shall notify Congress of any notifications
issued by the IAEA to the United States under Article 10 of the
Additional Protocol.
Subtitle H--Authorization of Appropriations
SEC. 281.\25\ AUTHORIZATION OF APPROPRIATIONS.
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\25\ 22 U.S.C. 8181.
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There are authorized to be appropriated such sums as may be
necessary to carry out this title.
c. Iran Nonproliferation Amendments Act of 2005 \1\
Partial text of Public Law 109-112 [S. 1713], 119 Stat. 2366, approved
November 22, 2005
---------------------------------------------------------------------------
\1\ 50 U.S.C. 1701 note.
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AN ACT To make amendments to the Iran Nonproliferation Act of 2000
related to International Space Station payments, and for other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iran Nonproliferation
Amendments Act of 2005''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Director of Central Intelligence's most
recent Unclassified Report to Congress on the
Acquisition of Technology Relating to Weapons of Mass
Destruction and Advanced Conventional Munitions, 1 July
Through 31 December 2003, states ``Russian entities
during the reporting period continued to supply a
variety of ballistic missile-related goods and
technical know-how to countries such as Iran, India,
and China. Iran's earlier success in gaining technology
and materials from Russian entities helped accelerate
Iranian development of the Shahab-3 MRBM, and
continuing Russian entity assistance has supported
Iranian efforts to develop new missiles and increase
Tehran's self-sufficiency in missile production.''
(2) Vice Admiral Lowell E. Jacoby, the Director of
the Defense Intelligence Agency, stated in testimony
before the Select Committee on Intelligence of the
Senate on February 16, 2005, that ``Tehran probably
will have the ability to produce nuclear weapons early
in the next decade''.
(3) Iran has--
(A) failed to act in accordance with the
Agreement Between Iran and the International
Atomic Energy Agency for the Application of
Safeguards in Connection with the Treaty on the
Non-Proliferation of Nuclear Weapons, done at
Vienna June 19, 1973 (commonly referred to as
the ``Safeguards Agreement'');
(B) acted in a manner inconsistent with the
Protocol Additional to the Agreement Between
Iran and the International Atomic Energy Agency
for the Application of Safeguards, signed at
Vienna December 18, 2003 (commonly referred to
as the ``Additional Protocol'');
(C) acted in a manner inconsistent with its
obligations under the Treaty on the Non-
Proliferation of Nuclear Weapons, done at
Washington, London, and Moscow July 1, 1968,
and entered into force March 5, 1970 (commonly
referred to as the ``Nuclear Non-Proliferation
Treaty''); and (D) resumed uranium conversion
activities, thus ending the confidence building
measures it adopted in its November 2003
agreement with the foreign ministers of the
United Kingdom, France, and Germany.
(4) On September 24, 2005, the Board of Governors of
the International Atomic Energy Agency (IAEA) formally
declared that Iranian actions constituted noncompliance
with its nuclear safeguards obligations, and that
Iran's history of concealment of its nuclear activities
has given rise to questions that are within the purview
of the United Nations Security Council.
(5) The executive branch has on multiple occasions
used the authority provided under section 3 of the Iran
Nonproliferation Act of 2000 (Public Law 106-178; 50
U.S.C. 1701 note) to impose sanctions on entities that
have engaged in activities in violation of restrictions
in the Act relating to--
(A) the export of equipment and technology
controlled under multilateral export control
lists, including under the Australia Group,
Chemical Weapons Convention, Missile Technology
Control Regime, Nuclear Suppliers Group, and
the Wassenaar Arrangement or otherwise having
the potential to make a material contribution
to the development of weapons of mass
destruction or cruise or ballistic missile
systems to Iran; and
(B) the export of other items to Iran with
the potential of making a material contribution
to Iran's weapons of mass destruction programs
or on United States national control lists for
reasons related to the proliferation of weapons
of mass destruction or missiles.
(6) The executive branch has never made a
determination pursuant to section 6(b) of the Iran
Nonproliferation Act of 2000 that--
(A) it is the policy of the Government of the
Russian Federation to oppose the proliferation
to Iran of weapons of mass destruction and
missile systems capable of delivering such
weapons;
(B) the Government of the Russian Federation
(including the law enforcement, export
promotion, export control, and intelligence
agencies of such government) has demonstrated
and continues to demonstrate a sustained
commitment to seek out and prevent the transfer
to Iran of goods, services, and technology that
could make a material contribution to the
development of nuclear, biological, or chemical
weapons, or of ballistic or cruise missile
systems; and
(C) no entity under the jurisdiction or
control of the Government of the Russian
Federation, has, during the 1-year period prior
to the date of the determination pursuant to
section 6(b) of such Act, made transfers to
Iran reportable under section 2(a) of the Act.
(7) On June 29, 2005, President George W. Bush issued
Executive Order 13382 blocking property of weapons of
mass destruction proliferators and their supporters,
and used the authority of such order against 4 Iranian
entities, Aerospace Industries Organization, Shahid
Hemmat Industrial Group, Shahid Bakeri Industrial
Group, and the Atomic Energy Organization of Iran, that
have engaged, or attempted to engage, in activities or
transactions that have materially contributed to, or
pose a risk of materially contributing to, the
proliferation of weapons of mass destruction or their
means of delivery (including missiles capable of
delivering such weapons), including efforts to
manufacture, acquire, possess, develop, transport,
transfer, or use such items.
SEC. 3. AMENDMENTS TO IRAN NONPROLIFERATION ACT OF 2000 RELATED TO
INTERNATIONAL SPACE STATION PAYMENTS.
(a) Treatment of Certain Payments.--Section 7(1)(B) of the
Iran Nonproliferation Act of 2000 (Public Law 106-178; 50
U.S.C. 1701 note) is amended-- * * *
SEC. 4. AMENDMENTS TO THE IRAN NONPROLIFERATION ACT OF 2000 TO MAKE
SUCH ACT APPLICABLE TO IRAN AND SYRIA.
(a) Reports on Proliferation Relating to Iran or Syria.--
Section 2 of the Iran Nonproliferation Act of 2000 (Public Law
106-178; 50 U.S.C. 1701 note) is amended-- * * *
(b)-(d) * * *
(e) Short Title.--
(1) Amendment.--Section 1 of the Iran
Nonproliferation Act of 2000 (Public Law 106-178; 50
U.S.C. 1701 note) is amended * * *
(2) \2\ References.--Any reference in a law,
regulation, document, or other record of the United
States to the Iran Nonproliferation Act of 2000 shall
be deemed to be a reference to the Iran and Syria
Nonproliferation Act.
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\2\ 22 U.S.C. 2797b note; 50 U.S.C. 1701 note.
d. Nuclear Security Initiative Act of 2003
Partial text of Public Law 108-136 [title XXXVI of division C of the
National Defense Authorization Act for Fiscal Year 2004; H.R. 1588],
117 Stat. 1392, approved November 24, 2003
* * * * * * *
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
* * * * * * *
TITLE XXXVI--NUCLEAR SECURITY INITIATIVE
Sec. 3601. Short title.
Subtitle A--Administration and Oversight of Threat Reduction and
Nonproliferation Programs
Sec. 3611. Management assessment of Department of Defense and Department
of Energy threat reduction and nonproliferation programs.
Subtitle B--Relations Between the United States and Russia
Sec. 3621. Comprehensive inventory of Russian tactical nuclear weapons.
Sec. 3622. Establishment of interparliamentary Threat Reduction Working
Group.
Sec. 3623. Sense of Congress on cooperation by United States and NATO
with Russia on ballistic missile defenses.
Sec. 3624. Sense of Congress on enhanced collaboration to achieve more
reliable Russian early warning systems.
Subtitle C--Other Matters
Sec. 3631. Promotion of discussions on nuclear and radiological security
and safety between the International Atomic Energy Agency and
the Organization for Economic Cooperation and Development.
SEC. 3601.\1\ SHORT TITLE.
This title may be cited as the ``Nuclear Security
Initiative Act of 2003''.
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\1\ 22 U.S.C. 5951 note.
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Subtitle A--Administration and Oversight of Threat Reduction and
Nonproliferation Programs
SEC. 3611. MANAGEMENT ASSESSMENT OF DEPARTMENT OF DEFENSE AND
DEPARTMENT OF ENERGY THREAT REDUCTION AND
NONPROLIFERATION PROGRAMS.
(a) GAO Assessment Required.--The Comptroller General shall
carry out an assessment of the management of the threat
reduction and nonproliferation programs of the Department of
Defense and the Department of Energy. The matters assessed
shall include--
(1) the effectiveness of the overall strategy used
for managing such programs;
(2) the basis used to allocate the missions of such
programs among the executive departments and agencies;
(3) the criteria used to assess the effectiveness of
such programs;
(4) the strategy and process used to establish
priorities for activities carried out under such
programs, including the analysis of risks and benefits
used in determining how best to allocate the funds made
available for such programs;
(5) the mechanisms used to coordinate the activities
carried out under such programs by the executive
departments and agencies so as to ensure efficient
execution and avoid duplication of effort; and
(6) the management controls used in carrying out such
programs and the effect of such controls on the
execution of such programs.
(b) Considerations.--In carrying out the assessment
required by subsection (a), the Comptroller General shall take
into account--
(1) the national security interests of the United
States; and
(2) the need for accountability in expenditure of
funds by the United States.
(c) Report.--Not later than May 1, 2004, the Comptroller
General shall submit a report on the assessment required by
subsection (a) to the Committee on Armed Services of the House
of Representatives and the Committee on Armed Services of the
Senate.
(d) Definitions.--In this section:
(1) The term ``threat reduction and nonproliferation
programs of the Department of Defense and the
Department of Energy'' means--
(A) the programs specified in section 1501(b)
of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat.
2731; 50 U.S.C. 2362 note); and
(B) any programs for which funds are made
available under the defense nuclear
nonproliferation account of the Department of
Energy.
(2) The term ``management controls'' means any
accounting, oversight, or other measure intended to
ensure that programs are executed consistent with--
(A) programmatic objectives as stated in
budget justification materials submitted to
Congress (as submitted with the budget of the
President under section 1105(a) of title 31,
United States Code); and
(B) any restrictions related to such
objectives as are imposed by law.
Subtitle B--Relations Between the United States and Russia
SEC. 3621.\2\ COMPREHENSIVE INVENTORY OF RUSSIAN TACTICAL NUCLEAR
WEAPONS.
(a) Sense of Congress.--It is the sense of Congress that
the United States should, to the extent the President considers
prudent, seek to work with the Russian Federation to develop a
comprehensive inventory of Russian tactical nuclear weapons.
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\2\ 22 U.S.C. 5959 note.
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(b) Report.--Not later than 12 months after the date of the
enactment of this Act, the President shall submit to Congress a
report, in both classified and unclassified form as necessary,
describing the progress that has been made toward creating such
an inventory.
SEC. 3622.\3\ ESTABLISHMENT OF INTERPARLIAMENTARY THREAT REDUCTION
WORKING GROUP.
(a) Establishment of Working Group.--There is hereby
established a working group to be known as the ``Threat
Reduction Working Group'' as an interparliamentary group of the
Congress of the United States and the legislature of the
Russian Federation.
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\3\ 22 U.S.C. 5951 note.
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(b) Purpose of Working Group.--The purpose of the working
group established by subsection (a) shall be to explore means
to enhance cooperation between the United States and the
Russian Federation with respect to nuclear nonproliferation and
security and such other issues related to reducing the dangers
of weapons of mass destruction as the members of the working
group consider appropriate.
(c) Membership.--(1) The majority leader of the Senate,
after consultation with the minority leader of the Senate,
shall appoint not more than 10 Senators to the working group
established by subsection (a).
(2) The Speaker of the House of Representatives, after
consultation with the minority leader of the House of
Representatives, shall appoint not more than 30 Members of the
House to the working group.
SEC. 3623.\4\ SENSE OF CONGRESS ON COOPERATION BY UNITED STATES AND
NATO WITH RUSSIA ON BALLISTIC MISSILE DEFENSES.
(a) Sense of Congress.--It is the sense of Congress that
the President should, in conjunction with the North Atlantic
Treaty Organization, encourage appropriate cooperative
relationships between the Russian Federation and the United
States and North Atlantic Treaty Organization with respect to
the development and deployment of ballistic missile defenses.
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\4\ 22 U.S.C. 1928 note.
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(b) Report to Congress.--Not later than one year after the
date of the enactment of this Act, the Secretary of Defense
shall transmit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives a report (in unclassified or classified form as
necessary) on the feasibility of increasing cooperation between
the Russian Federation and the United States and the North
Atlantic Treaty Organization on the subject of ballistic
missile defense. The report shall include--
(1) the recommendations of the Secretary;
(2) a description of the threat such cooperation is
intended to address; and
(3) an assessment of possible benefits to ballistic
missile defense programs of the United States.
SEC. 3624. SENSE OF CONGRESS ON ENHANCED COLLABORATION TO ACHIEVE MORE
RELIABLE RUSSIAN EARLY WARNING SYSTEMS.
It is the sense of Congress that the President, to the
extent consistent with the national security interests of the
United States, should--
(1) encourage joint efforts by the United States and
the Russian Federation to reduce the probability of
accidental nuclear attack as a result of misinformation
or miscalculation by developing the capabilities and
increasing the reliability of Russian ballistic missile
early-warning systems;
(2) encourage the development of joint programs by
the United States and the Russian Federation to ensure
that the Russian Federation has reliable information
regarding launches of ballistic missiles anywhere in
the world; and
(3) pending the execution of a new agreement between
the United States and the Russian Federation providing
for the conduct of the Russian-American Observation
Satellite (RAMOS) program, ensure that funds
appropriated for that program for fiscal year 2004 are
obligated and expended in a manner that provides for
the satisfactory continuation of that program.
Subtitle C--Other Matters
SEC. 3631.\5\ PROMOTION OF DISCUSSIONS ON NUCLEAR AND RADIOLOGICAL
SECURITY AND SAFETY BETWEEN THE INTERNATIONAL
ATOMIC ENERGY AGENCY AND THE ORGANIZATION FOR
ECONOMIC COOPERATION AND DEVELOPMENT.
(a) Sense of Congress Regarding Initiation of Dialogue
Between the IAEA and the OECD.--It is the sense of Congress
that--
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\5\ 22 U.S.C. 6321 note.
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(1) the United States should seek to initiate
discussions between the International Atomic Energy
Agency and the Organization for Economic Cooperation
and Development for the purpose of exploring issues of
nuclear and radiological security and safety, including
the creation of new sources of revenue (including debt
reduction) for states to provide nuclear security; and
(2) the discussions referred to in paragraph (1)
should also provide a forum to explore possible sources
of funds in support of the G-8 Global Partnership
Against the Spread of Weapons and Materials of Mass
Destruction.
(b) Contingent Report.--(1) Except as provided in paragraph
(2), the President shall, not later than 12 months after the
date of the enactment of this Act, submit to Congress a report
on--
(A) the efforts made by the United States to initiate
the discussions described in subsection (a);
(B) the results of those efforts; and
(C) any plans for further discussions and the
purposes of such discussions.
(2) Paragraph (1) shall not apply if no efforts referred to
in paragraph (1)(A) have been made.
e. Nonproliferation and Export Control Assistance, 2003
Partial text of Public Law 107-228 [Foreign Relations Authorization
Act, Fiscal Year 2003; H.R. 1646], 116 Stat. 1350, approved September
30, 2002
* * * * * * *
TITLE XIII--NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE
Subtitle A--General Provisions
SEC. 1301. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--Section 585 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2349bb-4) is amended-- * * * \1\
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\1\ The Foreign Assistance Act of 1961 is located in Legislation on
Foreign Relations Through 2008, vol. I-A. Sec. 1303 of Public Law 107-
228 redesignated sec. 585 as sec. 586. As redesignated, sec. 586 of the
Foreign Assistance Act concerns the authorization of appropriations for
chapter 9 of Part II of that Act, entitled ``Nonproliferation and
Export Control Assistance''.
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(b) Suballocations.--Of the amount authorized to be
appropriated to the President for fiscal year 2003 by section
585 of the Foreign Assistance Act of 1961 (22 U.S.C. 2349bb-
4)--
(1) $2,000,000 is authorized to be available for such
fiscal year for the purpose of carrying out section 584
of the Foreign Assistance Act of 1961, as added by
section 1303 of this Act; and
(2) $65,000,000 for fiscal year 2003 are authorized
to be available for science and technology centers in
the independent states of the former Soviet Union.
(c) Conforming Amendment.--Section 302 of the Security
Assistance Act of 2000 (Public Law 106-280; 114 Stat. 853) is
repealed.
(d) Further Authorization.--There is authorized to be
appropriated under ``Nonproliferation, Anti-terrorism,
Demining, and Related Programs'' $382,400,000 for fiscal year
2003.
SEC. 1302.\2\ NONPROLIFERATION TECHNOLOGY ACQUISITION PROGRAMS FOR
FRIENDLY FOREIGN COUNTRIES.
(a) In General.--For the purpose of enhancing the
nonproliferation and export control capabilities of friendly
countries, of the amount authorized to be appropriated for
fiscal year 2003 by section 585 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2349bb et seq.), the Secretary is authorized
to make available--
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\2\ 22 U.S.C. 2349bb note.
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(1) $5,000,000 for the procurement and provision of
nuclear, chemical, and biological detection systems,
including spectroscopic and pulse echo technologies;
and
(2) $10,000,000 for the procurement and provision of
x-ray systems capable of imaging sea-cargo containers.
(b) \3\ Reports on Training Program.--
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\3\ In Delegation of Authority 291, dated April 7, 2006 (71 F.R.
20432; April 20, 2006), the Secretary of State delegated the authority
to approve the submission of reports under this subsection to the Under
Secretary of State for Arms Control and International Security.
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(1) Initial report.--Not later than March 31, 2003,
the Secretary shall submit a report to the appropriate
congressional committees setting forth his plans and
budget for a multiyear training program to train
foreign personnel in the utilization of the systems
described in subsection (a).
(2) Subsequent reports.--Not later than March 31,
2004, and annually thereafter for the next three years,
the Secretary shall submit a report to the appropriate
congressional committees describing the progress,
current status, and budget of that training program and
of the provision of those systems.
SEC. 1303. INTERNATIONAL NONPROLIFERATION AND EXPORT CONTROL TRAINING.
Chapter 9 of part II of the Foreign Assistance Act of 1961
(22 U.S.C. 2349bb et seq.) is amended-- * * * \4\
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\4\ Sec. 1303 redesignated secs. 584 and 585 of the Foreign
Assistance Act of 1961 as secs. 585 and 586, and added a new sec. 584,
which deals with nonproliferation and export control training to
military and civilian personnel of foreign countries. See Legislation
on Foreign Relations Through 2008, vol. I-A.
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SEC. 1304. RELOCATION OF SCIENTISTS.
(a) Reinstatement of Classification Authority.--Section 4
of the Soviet Scientists Immigration Act of 1992 (Public Law
102-509; 106 Stat. 3316; 8 U.S.C. 1153 note) is amended * * *
(b) * * *
(c) Limitation on Eligibility.--Section 4(a) of that Act (8
U.S.C. 1153 note) is amended * * *
(d) \5\ Consultation Requirement.--The Attorney General
shall consult with the Secretary, the Secretary of Defense, the
Secretary of Energy, and the heads of other appropriate
agencies of the United States regarding--
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\5\ 8 U.S.C. 1153 note.
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(1) previous experience in implementing the Soviet
Scientists Immigration Act of 1992; and
(2) any changes that those officials would recommend
in the regulations prescribed under that Act.
SEC. 1305. INTERNATIONAL ATOMIC ENERGY AGENCY REGULAR BUDGET
ASSESSMENTS AND VOLUNTARY CONTRIBUTIONS.
(a) Findings.--Congress makes the following findings:
(1) The Department has concluded that the
International Atomic Energy Agency (in this section
referred to as the ``IAEA'') is a critical and
effective instrument for verifying compliance with
international nuclear nonproliferation agreements, and
that it serves as an essential barrier to the spread of
nuclear weapons.
(2) The IAEA furthers United States national security
objectives by helping to prevent the proliferation of
nuclear weapons material, especially through its work
on effective verification and safeguards measures.
(3) The IAEA can also perform a critical role in
monitoring and verifying aspects of nuclear weapons
reduction agreements between nuclear weapons states.
(4) The IAEA has adopted a multifaceted action plan,
to be funded by voluntary contributions, to address the
threats posed by radioactive sources that could be used
in a radiological weapon and will be the leading
international agency in this effort.
(5) As the IAEA has negotiated and developed more
effective verification and safeguards measures, it has
experienced significant real growth in its mission,
especially in the vital area of nuclear safeguards
inspections.
(6) Nearly two decades of zero budget growth have
affected the ability of the IAEA to carry out its
mission and to hire and retain the most qualified
inspectors and managers, as evidenced in the decreasing
proportion of such personnel who hold doctorate
degrees.
(7) Increased voluntary contributions by the United
States will be needed if the IAEA is to increase its
safeguards activities and also to implement its action
plan to address the worldwide risks posed by lost or
poorly secured radioactive sources.
(8) Although voluntary contributions by the United
States lessen the IAEA's budgetary constraints, they
cannot readily be used for the long-term capital
investments or permanent staff increases necessary to
an effective IAEA safeguards regime.
(9) The recent United States decision to accept a 25
percent IAEA regular budget assessment was based upon a
correct interpretation of existing law. It was not the
intent of Congress that the United States contributions
to all United Nations-related organizations and
activities be reduced pursuant to the Admiral James W.
Nance and Meg Donovan Foreign Relations Authorization
Act, Fiscal Years 2000 and 2001 (as enacted into law by
section 1000(a)(7) of Public Law 106-113; 113 Stat.
1501A-405 et seq.), which sets 22 percent assessment
rates as benchmarks for the general United Nations
budget, the Food and Agricultural Organization, the
World Health Organization, and the International Labor
Organization. Rather, contributions for an important
and effective agency such as the IAEA should be
maintained at levels commensurate with the criticality
of its mission.
(10) The Secretary should negotiate a gradual and
sustained increase in the regular budget of the
International Atomic Energy Agency, which should begin
with the 2004 budget.
(b) Authorization of Appropriations.--Of the funds
authorized to be appropriated for Nonproliferation, Anti-
terrorism, Demining, and Related Programs there is authorized
to be appropriated $60,000,000 for fiscal year 2003 for a
United States voluntary contribution to the International
Atomic Energy Agency, including for the purpose of implementing
the Protection Against Nuclear Terrorism program adopted by the
International Atomic Energy Agency Board of Governors in March
2002.
SEC. 1306. AMENDMENTS TO THE IRAN NONPROLIFERATION ACT OF 2000.
(a) Reports on Proliferation to Iran.--Section 2 of the
Iran Nonproliferation Act of 2000 (Public Law 106-178; 114
Stat. 39; 50 U.S.C. 1701 note) is amended * * *
(b) * * *
SEC. 1307. AMENDMENTS TO THE NORTH KOREA THREAT REDUCTION ACT OF 1999.
(a) Restrictions.--Section 822(a) of the North Korea Threat
Reduction Act of 1999 (subtitle B of title VIII of division A
of H.R. 3427, as enacted into law by section 1000(a)(7) of
Public Law 106-113; appendix G; 113 Stat. 1501A-472) is amended
* * *
(b) * * *
SEC. 1308.\6\,\7\ ANNUAL REPORTS ON THE PROLIFERATION OF
MISSILES AND ESSENTIAL COMPONENTS OF NUCLEAR,
BIOLOGICAL, CHEMICAL, AND RADIOLOGICAL WEAPONS.
(a) Report.--Not later than March 1, 2003, and annually
thereafter, the President \8\ shall transmit to the designated
congressional committees an annual report on the transfer by
any country of weapons, technology, components, or materials
that can be used to deliver, manufacture (including research
and experimentation), or weaponize nuclear, biological,
chemical or radiological weapons (in this section referred to
as ``NBC weapons'') to any country other than a country
referred to in subsection (d) that is seeking to possess or
otherwise acquire such weapons, technology, or materials, or
other system that the Secretary or the Secretary of Defense has
reason to believe could be used to develop, acquire, or deliver
NBC weapons.
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\6\ 50 U.S.C. 2368.
\7\ In Delegation of Authority 304 dated February 16, 2006 (73 F.R.
25822; May 7, 2008), the Secretary of State delegated to the Under
Secretary of State for Arms Control and International Security the
authority to approve submission of the report to Congress required in
sec. 1308.
\8\ In sec. 1(a)(13) of Executive Order 13313 of July 31, 2003 (68
F.R. 46073; August 5, 2003), the President assigned the reporting
duties in subsec. (a) to the Secretary of State.
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(b) Matters To Be Included.--Each such report shall
include--
(1) the transfer of all aircraft, cruise missiles,
artillery weapons, unguided rockets and multiple rocket
systems, and related bombs, shells, warheads and other
weaponization technology and materials that the
Secretary or the Secretary of Defense has reason to
believe may be intended for the delivery of NBC
weapons;
(2) international transfers of MTCR equipment or
technology to any country that is seeking to acquire
such equipment or any other system that the Secretary
or the Secretary of Defense has reason to believe may
be used to deliver NBC weapons; and
(3) the transfer of technology, test equipment,
radioactive materials, feedstocks and cultures, and all
other specialized materials that the Secretary or the
Secretary of Defense has reason to believe could be
used to manufacture NBC weapons.
(c) Content of Report.--Each such report shall include the
following with respect to preceding calendar year:
(1) The status of missile, aircraft, and other NBC
weapons delivery and weaponization programs in any such
country, including efforts by such country or by any
subnational group to acquire MTCR-controlled equipment,
NBC-capable aircraft, or any other weapon or major
weapon component which may be utilized in the delivery
of NBC weapons, whose primary use is the delivery of
NBC weapons, or that the Secretary or the Secretary of
Defense has reason to believe could be used to deliver
NBC weapons.
(2) The status of NBC weapons development,
acquisition, manufacture, stockpiling, and deployment
programs in any such country, including efforts by such
country or by any subnational group to acquire
essential test equipment, manufacturing equipment and
technology, weaponization equipment and technology, and
radioactive material, feedstocks or components of
feedstocks, and biological cultures and toxins.
(3) A description of assistance provided by any
person or government, after the date of the enactment
of this Act, to any such country or subnational group
in the acquisition or development of--
(A) NBC weapons;
(B) missile systems, as defined in the MTCR
or that the Secretary or the Secretary of
Defense has reason to believe may be used to
deliver NBC weapons; and
(C) aircraft and other delivery systems and
weapons that the Secretary or the Secretary of
Defense has reason to believe could be used to
deliver NBC weapons.
(4) A listing of those persons and countries that
continue to provide such equipment or technology
described in paragraph (3) to any country or
subnational group as of the date of submission of the
report, including the extent to which foreign persons
and countries were found to have knowingly and
materiallyassisted such programs.
(5) A description of the use of, or substantial
preparations to use, the equipment of technology
described in paragraph (3) by any foreign country or
subnational group.
(6) A description of the diplomatic measures that the
United States, and that other adherents to the MTCR and
other arrangements affecting the acquisition and
delivery of NBC weapons, have made with respect to
activities and private persons and governments
suspected of violating the MTCR and such other
arrangements.
(7) An analysis of the effectiveness of the
regulatory and enforcement regimes of the United States
and other countries that adhere to the MTCR and other
arrangements affecting the acquisition and delivery of
NBC weapons in controlling the export of MTCR and other
NBC weapons and delivery system equipment or
technology.
(8) A summary of advisory opinions issued under
section 11B(b)(4) of the Export Administration Act of
1979 (50 U.S.C. App. 2401b(b)(4)) and under section
73(d) of the Arms Export Control Act (22 U.S.C.
2797b(d)).
(9) An explanation of United States policy regarding
the transfer of MTCR equipment or technology to foreign
missile programs, including programs involving launches
of space vehicles.
(10) A description of each transfer by any person or
government during the preceding 12-month period which
is subject to sanctions under the Iran-Iraq Arms Non-
Proliferation Act of 1992 (title XVI of Public Law 102-
484).
(d) Exclusions.--The countries excluded under subsection
(a) are Australia, Belgium, Canada, the Czech Republic,
Denmark, France, Germany, Greece, Hungary, Iceland, Italy,
Japan, Luxembourg, the Netherlands, New Zealand, Norway,
Poland, Portugal, Spain, Turkey, the United Kingdom, and the
United States.
(e) Classification of Report.--The Secretary shall make
every effort to submit all of the information required by this
section in unclassified form. Whenever the Secretary submits
any such information in classified form, the Secretary shall
submit such classified information in an addendum and shall
also submit concurrently a detailed summary, in unclassified
form, of that classified information.
(f) Definitions.--In this section:
(1) Designated congressional committees.--The term
``designated congressional committees'' means--
(A) the Committee on Appropriations, the
Committee on Armed Services, and the Committee
on International Relations of the House of
Representatives; and
(B) the Committee on Appropriations, the
Committee on Armed Services, and the Committee
on Foreign Relations of the Senate.
(2) Missile; mtcr; mtcr equipment or technology.--The
terms ``missile'', ``MTCR'', and ``MTCR equipment or
technology'' have the meanings given those terms in
section 74 of the Arms Export Control Act (22 U.S.C.
2797c).
(3) Person.--The term ``person'' means any United
States or foreign individual, partnership, corporation,
or other form of association, or any of its successor
entities, parents, or subsidiaries.
(4) Weaponize; weaponization.--The term ``weaponize''
or ``weaponization'' means to incorporate into, or the
incorporation into, usable ordnance or other militarily
useful means of delivery.
(g) Repeals.--
(1) In general.--The following provisions of law are
repealed:
(A) Section 1097 of the National Defense
Authorization Act for Fiscal Years 1992 and
1993 (22 U.S.C. 2751 note).
(B) Section 308 of the Chemical and
Biological Weapons Control and Warfare
Elimination Act of 1991 (22 U.S.C. 5606).
(C) Section 1607(a) of the Iran-Iraq Arms
Non-Proliferation Act of 1992 (Public Law 102-
484).\9\
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\9\ 50 U.S.C. 1701 note.
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(D) Paragraph (d) of section 585 of the
Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1997 (as
contained in section 101(c) of title I of
division A of Public Law 104-208; 110 Stat.
3009-171).\10\
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\10\ 22 U.S.C. 2656 note.
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(2) Conforming amendments.--Section 585 of the
Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1997,\10\ is amended-- * *
*
SEC. 1309. THREE-YEAR INTERNATIONAL ARMS CONTROL AND NONPROLIFERATION
STRATEGY.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of State shall prepare and submit to
the appropriate congressional committees a 3-year international
arms control and nonproliferation strategy. The strategy shall
contain the following:
(1) A 3-year plan for the reduction of existing
nuclear, chemical, and biological weapons and ballistic
missiles and for controlling the proliferation of these
weapons.
(2) Identification of the goals and objectives of the
United States with respect to arms control and
nonproliferation of weapons of mass destruction and
their delivery systems.
(3) A description of the programs, projects, and
activities of the Department of State intended to
accomplish goals and objectives described in paragraph
(2).
f. Russian Federation Debt Reduction for Nonproliferation Act of 2002
Partial text of Public Law 107-228 [Foreign Relations Authorization
Act, Fiscal Year 2003; H.R. 1646], 116 Stat. 1350, approved September
30, 2002
* * * * * * *
TITLE XIII--NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE
* * * * * * *
Subtitle B--Russian Federation Debt Reduction for Nonproliferation
SEC. 1311.\1\ SHORT TITLE.
This subtitle may be cited as the ``Russian Federation Debt
for Nonproliferation Act of 2002''.
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\1\ 22 U.S.C. 5952 note.
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SEC. 1312.\1\ FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) It is in the vital security interests of the
United States to prevent the spread of weapons of mass
destruction to additional states or to terrorist
organizations, and to ensure that other nations'
obligations to modify their stockpiles of such arms in
accordance with treaties, executive agreements, or
political commitments are fulfilled.
(2) In particular, it is in the vital national
security interests of the United States to ensure
that--
(A) all stocks of nuclear weapons and
weapons-usable nuclear material in the Russian
Federation are secure and accounted for;
(B) stocks of nuclear weapons and weapons-
usable nuclear material that are excess to
military needs in the Russian Federation are
monitored and reduced;
(C) any chemical or biological weapons,
related materials, and facilities in the
Russian Federation are destroyed;
(D) the Russian Federation's nuclear weapons
complex is reduced to a size appropriate to its
post-Cold War missions, and its experts in
weapons of mass destruction technologies are
shifted to gainful and sustainable civilian
employment;
(E) the Russian Federation's export control
system blocks any proliferation of weapons of
mass destruction, the means of delivering such
weapons, and materials, equipment, know-how, or
technology that would be used to develop,
produce, or deliver such weapons; and
(F) these objectives are accomplished with
sufficient monitoring and transparency to
provide confidence that they have in fact been
accomplished and that the funds provided to
accomplish these objectives have been spent
efficiently and effectively.
(3) United States programs should be designed to
accomplish these vital objectives in the Russian
Federation as rapidly as possible, and the President
should develop and present to Congress a plan for doing
so.
(4) Substantial progress has been made in United
States-Russian Federation cooperative programs to
achieve these objectives, but much more remains to be
done to reduce the urgent risks to United States
national security posed by the current state of the
Russian Federation's weapons of mass destruction
stockpiles and complexes.
(5) The threats posed by inadequate management of
weapons of mass destruction stockpiles and complexes in
the Russian Federation remain urgent. Incidents in
years immediately preceding 2001, which have been cited
by the Russia Task Force of the Secretary of Energy
Advisory Board, include--
(A) a conspiracy at one of the Russian
Federation's largest nuclear weapons facilities
to steal nearly enough highly enriched uranium
for a nuclear bomb;
(B) an attempt by an employee of the Russian
Federation's premier nuclear weapons facility
to sell nuclear weapons designs to agents of
Iraq and Afghanistan; and
(C) the theft of radioactive material from a
Russian Federation submarine base.
(6) Addressing these threats to United States and
world security will ultimately consume billions of
dollars, a burden that will have to be shared by the
Russian Federation, the United States, and other
governments, if these threats are to be neutralized.
(7) The creation of new funding streams could
accelerate progress in reducing these threats to United
States security and help the government of the Russian
Federation to fulfill its responsibility for secure
management of its weapons stockpiles and complexes as
United States assistance phases out.
(8) The Russian Federation has a significant foreign
debt, a substantial proportion of which it inherited
from the Soviet Union.
(9) Past debt-for-environment exchanges, in which a
portion of a country's foreign debt is canceled in
return for certain environmental commitments or
payments by that country, suggest that a debt-for-
nonproliferation exchange with the Russian Federation
could be designed to provide additional funding for
nonproliferation and arms reduction initiatives.
(10) Most of the Russian Federation's official
bilateral debt is held by United States allies that are
advanced industrial democracies. Since the issues
described pose threats to United States allies as well,
United States leadership that results in a larger
contribution from United States allies to cooperative
threat reduction activities will be needed.
(11) At the June 2002 meeting of the G-8 countries,
agreement was achieved on a G-8 Global Partnership
against the Spread of Weapons and Materials of Mass
Destruction, under which the advanced industrial
democracies committed to contribute $20,000,000,000 to
nonproliferation programs in the Russian Federation
during a 10-year period, with each contributing country
having the option to fund some or all of its
contribution through reduction in the Russian
Federation's official debt to that country.
(12) The Russian Federation's Soviet-era official
debt to the United States is estimated to be
$480,000,000 in Lend-Lease debt and $2,250,000,000 in
debt as a result of credits extended under title I of
the Agricultural Trade Development and Assistance Act
of 1954 (7 U.S.C. 1701 et seq.).
(b) Purposes.--The purposes of this subtitle are--
(1) to facilitate the accomplishment of the United
States objectives described in the findings set forth
in subsection (a) by providing for the use of a portion
of the Russian Federation's foreign debt to fund
nonproliferation programs, thus allowing the use of
additional resources for these purposes; and
(2) to help ensure that the resources made available
to the Russian Federation are targeted to the
accomplishment of the United States objectives
described in the findings set forth in subsection (a).
SEC. 1313.\1\ DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on International Relations
and the Committee on Appropriations of the
House of Representatives; and
(B) the Committee on Foreign Relations and
the Committee on Appropriations of the Senate.
(2) Cost.--The term ``cost'' has the meaning given
that term in section 502(5) of the Federal Credit
Reform Act of 1990 (2 U.S.C. 661a(5)).
(3) Russian federation nonproliferation investment
agreement or agreement.--The term ``Russian Federation
Nonproliferation Investment Agreement'' or
``Agreement'' means the agreement between the United
States and the Russian Federation entered into under
section 1315(a).
(4) Soviet-era debt.--The term ``Soviet-era debt''
means debt owed as a result of loans or credits
provided by the United States (or any agency of the
United States) to the Union of Soviet Socialist
Republics under the Lend Lease Act of 1941 or the
Commodity Credit Corporation Charter Act.
(5) State sponsor of international terrorism.--The
term ``state sponsor of international terrorism'' means
those countries that have been determined by the
Secretary of State, for the purposes of section 40 of
the Arms Export Control Act, section 620A of the
Foreign Assistance Act of 1961, or section 6(j) of the
Export Administration Act of 1979, to have repeatedly
provided support for acts of international terrorism.
SEC. 1314.\1\ AUTHORITY TO REDUCE THE RUSSIAN FEDERATION'S SOVIET-ERA
DEBT OBLIGATIONS TO THE UNITED STATES.
(a) Authority To Reduce Debt.--
(1) In general.--Upon the entry into force of a
Russian Federation Nonproliferation Investment
Agreement, the President may reduce amounts of Soviet-
era debt owed by the Russian Federation to the United
States (or any agency or instrumentality of the United
States) that are outstanding as of the last day of the
fiscal year preceding the fiscal year for which
appropriations are available for the reduction of debt,
in accordance with this subtitle.
(2) Limitation.--The authority provided by paragraph
(1) shall be available only to the extent that
appropriations for the cost (as defined in section
502(5) of the Federal Credit Reform Act of 1990) of
reducing any debt pursuant to such subsection are made
in advance.
(3) Supersedes existing law.--The authority provided
by paragraph (1) may be exercised notwithstanding
section 620(r) of the Foreign Assistance Act of 1961
(22 U.S.C. 2370(r)) or section 321 of the International
Development and Food Assistance Act of 1975.
(b) Implementation.--
(1) Delegation of authority.--The President may
delegate any authority conferred upon the President in
this subtitle to the Secretary of State.
(2) Establishment of terms and conditions.--
Consistent with this subtitle, the President shall
establish the terms and conditions under which loans
and credits may be reduced pursuant to subsection (a).
(3) Implementation.--In exercising the authority of
subsection (a), the President--
(A) shall notify--
(i) the Department of State, with
respect to obligations of the former
Soviet Union under the Lend Lease Act
of 1941; and
(ii) the Commodity Credit
Corporation, with respect to
obligations of the former Soviet Union
under the Commodity Credit Corporation
Act;
(B) shall direct the cancellation of old
obligations and the substitution of new
obligations consistent with the Russian
Federation Nonproliferation Investment
Agreement; and
(C) shall direct the appropriate agency to
make an adjustment in the relevant accounts to
reflect the new debt treatment.
(4) Deposit of repayments.--All repayments of
outstanding loan amounts under subsection (a) that are
not designated under a Russian Federation
Nonproliferation Investment Agreement shall be
deposited in the United States Government accounts
established for repayments of the original obligations.
(5) Not treated as foreign assistance.--Any reduction
of Soviet-era debt pursuant to this subtitle shall not
be considered assistance for the purposes of any
provision of law limiting assistance to a country.
(c) Authorization of Appropriation.--
(1) In general.--For the cost (as defined in section
502(5) of the Federal Credit Reform Act of 1990) of
modifying any Soviet-era debt obligation pursuant to
subsection (a), there are authorized to be appropriated
to the President such sums as may be necessary.
(2) Availability of funds.--Amounts appropriated
pursuant to paragraph (1) are authorized to remain
available until expended.
SEC. 1315.\1\ RUSSIAN FEDERATION NONPROLIFERATION INVESTMENT AGREEMENT.
(a) In General.--
(1) In general.--The President is authorized to enter
into an agreement with the Russian Federation under
which an amount equal to the value of the debt reduced
pursuant to section 1314 will be used to promote the
nonproliferation ofweapons of mass destruction and the
means of delivering such weapons. An agreement entered
into under this section may be referred to as the
``Russian Federation Nonproliferation Investment
Agreement''.
(2) Congressional notification.--The President shall
notify the appropriate congressional committees at
least 15 days in advance of the United States entering
into a Russian Federation Nonproliferation Investment
Agreement.
(b) Content of the Agreement.--The Russian Federation
Nonproliferation Investment Agreement shall ensure that--
(1) an amount equal to the value of the debt reduced
pursuant to this subtitle will be made available by the
Russian Federation for agreed nonproliferation programs
and projects;
(2) each program or project funded pursuant to the
Agreement will be approved by the President;
(3) the administration and oversight of
nonproliferation programs and projects will incorporate
best practices from established threat reduction and
nonproliferation assistance programs;
(4) each program or project funded pursuant to the
Agreement will be subject to monitoring and audits
conducted by or for the United States Government to
confirm that agreed funds are expended on agreed
projects and meet agreed targets and benchmarks;
(5) unobligated funds for investments pursuant to the
Agreement will not be diverted to other purposes;
(6) funds allocated to programs and projects pursuant
to the Agreement will not be subject to any taxation by
the Russian Federation;
(7) all matters relating to the intellectual property
rights and legal liabilities of United States firms in
any project will be agreed upon before the expenditure
of funds would be authorized for that project; and
(8) not less than 75 percent of the funds made
available for each nonproliferation program or project
under the Agreement will be spent in the Russian
Federation.
(c) Use of Existing Mechanisms.--It is the sense of
Congress that, to the extent practicable, the boards and
administrative mechanisms of existing threat reduction and
nonproliferation programs should be used in the administration
and oversight of programs and projects under the Agreement.
(d) Joint Auditing.--It is the sense of Congress that the
United States and the Russian Federation should consider
commissioning the United States General Accounting Office and
the Russian Chamber of Accounts to conduct joint audits to
ensure that the funds saved by the Russian Federation as a
result of any debt reduction are used exclusively, efficiently,
and effectively to implement agreed programs or projects
pursuant to the Agreement.
(e) Structure of the Agreement.--It is the sense of
Congress that the Agreement should provide for significant
penalties--
(1) if funds obligated for approved programs or
projects are determined to have been misappropriated;
and
(2) if the President is unable to make the
certification required by section 1317(a) for two
consecutive years.
SEC. 1316.\1\ INDEPENDENT MEDIA AND THE RULE OF LAW.
Notwithstanding section 1315 (a)(1) and (b)(1), up to 10
percent of the amount equal to the value of the debt reduced
pursuant to this subtitle may be used to promote a vibrant,
independent media sector and the rule of law in the Russian
Federation through an endowment to support the establishment of
a ``Center for an Independent Press and the Rule of Law'' in
the Russian Federation, which shall be directed by a joint
United States-Russian Board of Directors in which the majority
of members, including the chairman, shall be United States
personnel, and which shall be responsible for management of the
endowment, its funds, and the Center's programs.
SEC. 1317.\1\ RESTRICTION ON DEBT REDUCTION AUTHORITY.
(a) Proliferation to State Sponsors of Terrorism.--Subject
to the provisions of subsection (c), the debt reduction
authority provided by section 1314 may not be exercised unless
and until the President certifies to the appropriate
congressional committees that the Russian Federation has made
material progress in stemming the flow of sensitive goods,
technologies, material, and know-how related to the design,
development, and production of weapons of mass destruction and
the means to deliver them to state sponsors of international
terrorism.
(b) Annual Determination.--If, in any annual report to
Congress submitted pursuant to section 1321, the President
cannot certify that the Russian Federation continues to meet
the condition required in subsection (a), then, subject to the
provisions of subsection (c), the debt reduction authority
provided by section 1314 may not be exercised unless and until
such certification is made to the appropriate congressional
committees.
(c) Presidential Waiver.--The President may waive the
requirements of subsection (a) or (b) for a fiscal year if the
President--
(1) determines that application of the subsection for
a fiscal year would be counter to the national interest
of the United States; and
(2) so reports to the appropriate congressional
committees.
SEC. 1318.\1\ DISCUSSION OF RUSSIAN FEDERATION DEBT REDUCTION FOR
NONPROLIFERATION WITH OTHER CREDITOR STATES.
It is the sense of Congress that the President and such
other appropriate officials as the President may designate
should pursue discussions with other creditor states with the
objectives of--
(1) ensuring that other advanced industrial
democracies, especially the largest holders of Soviet-
era Russian debt, dedicate significant proportions of
their bilateral official debt with the Russian
Federation or equivalent amounts of direct assistance
to the G-8 Global Partnership against the Spread of
Weapons and Materials of Mass Destruction, as agreed
upon in the Statement by G-8 Leaders on June 27, 2002;
and
(2) reaching agreement, as appropriate, to establish
a unified Russian Federation official debt reduction
fund to manage and provide financial transparency for
the resources provided by creditor states through debt
reductions.
SEC. 1319.\1\ IMPLEMENTATION OF UNITED STATES POLICY.
It is the sense of Congress that implementation of debt-
for-nonproliferation programs with the Russian Federation
should be overseen by the coordinating mechanism established
pursuant to section 1334 of this Act.
SEC. 1320.\1\ CONSULTATIONS WITH CONGRESS.
The President shall consult with the appropriate
congressional committees on a periodic basis to review the
implementation of this subtitle and the Russian Federation's
eligibility for debt reduction pursuant to this subtitle.
SEC. 1321.\1\,\2\ ANNUAL REPORTS TO CONGRESS.
Not later than December 31, 2003, and not later than
December 31 of each year thereafter, the President shall
prepare and transmit to Congress a report concerning actions
taken to implement this subtitle during the fiscal year
preceding the fiscal year in which the report is transmitted.
The report on a fiscal year shall include--
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\2\ In a memorandum to the Secretary of State dated July 18, 2006
(71 F.R. 42747; July 28, 2006), the President assigned the functions of
the President under sec. 1321 to the Secretary of State.
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(1) a description of the activities undertaken
pursuant to this subtitle during the fiscal year;
(2) a description of the nature and amounts of the
loans reduced pursuant to this subtitle during the
fiscal year;
(3) a description of any agreement entered into under
this subtitle;
(4) a description of the progress during the fiscal
year of any projects funded pursuant to this subtitle;
(5) a summary of the results of relevant audits
performed in the fiscal year; and
(6) a certification, if appropriate, that the Russian
Federation continued to meet the condition required by
section 1317(a), and an explanation of why the
certification was or was not made.
g. Nonproliferation Assistance Coordination Act of 2002
Partial text of Public Law 107-228 [Foreign Relations Authorization
Act, Fiscal Year 2003; H.R. 1646], 116 Stat. 1350, approved September
30, 2002
* * * * * * *
TITLE XIII--NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE
* * * * * * *
Subtitle C--Nonproliferation Assistance Coordination
SEC. 1331.\1\ SHORT TITLE.
This subtitle may be cited as the ``Nonproliferation
Assistance Coordination Act of 2002''.
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\1\ 50 U.S.C. 2301 note.
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SEC. 1332.\2\ FINDINGS.
Congress finds that--
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\2\ 50 U.S.C. 2357.
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(1) United States nonproliferation efforts in the
independent states of the former Soviet Union have
achieved important results in ensuring that weapons of
mass destruction, weapons-usable material and
technology, and weapons-related knowledge remain beyond
the reach of terrorists and weapons-proliferating
states;
(2) although these efforts are in the United States
national security interest, the effectiveness of these
efforts has suffered from a lack of coordination within
and among United States Government agencies;
(3) increased spending and investment by the United
States private sector on nonproliferation efforts in
the independent states of the former Soviet Union,
specifically, spending and investment by the United
States private sector in job creation initiatives and
proposals for unemployed Russian Federation weapons
scientists and technicians, are making an important
contribution in ensuring that knowledge related to
weapons of mass destruction remains beyond the reach of
terrorists and weapons-proliferating states; and
(4) increased spending and investment by the United
States private sector on nonproliferation efforts in
the independent states of the former Soviet Union make
advisable the establishment of a coordinating body to
ensure that United States public and private efforts
are not in conflict, and to ensure that public spending
on efforts by the independent states of the former
Soviet Union is maximized to ensure efficiency and
further United States national security interests.
SEC. 1333.\3\ DEFINITIONS.
(a) Independent States of the Former Soviet Union.--In this
subtitle, the term ``independent states of the former Soviet
Union'' has the meaning given the term in section 3 of the
FREEDOM Support Act (22 U.S.C. 5801).
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\3\ 50 U.S.C. 2357a.
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(b) Appropriate Committees of Congress.--In this subtitle,
the term ``the appropriate committees of Congress'' means the
Committees on Foreign Relations, Armed Services, and
Appropriations of the Senate and the Committees on
International Relations, Armed Services, and Appropriations of
the House of Representatives.
SEC. 1334.\4\ ESTABLISHMENT OF COMMITTEE ON NONPROLIFERATION
ASSISTANCE.
(a) In General.--The President shall establish a mechanism
to coordinate, with the maximum possible effectiveness and
efficiency, the efforts of United States Government departments
and agencies engaged in formulating policy and carrying out
programs for achieving nonproliferation and threat reduction.
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\4\ 50 U.S.C. 2357b.
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(b) Membership.--The coordination mechanism established
pursuant to subsection (a) shall include--
(1) representatives designated by--
(A) the Secretary of State;
(B) the Secretary of Defense;
(C) the Secretary of Energy;
(D) the Secretary of Commerce;
(E) the Attorney General; and
(F) the Director of the Office of Homeland
Security, or the head of a successor department
or agency; and
(2) such other executive branch officials as the
President may select.
(c) Level of Representation.--To the maximum extent
possible, each department or agency's representative designated
pursuant to subsection (b)(1) shall be an official of that
department or agency who has been appointed by the President
with the advice and consent of the Senate.
(d) Chair.--The President shall designate an official to
direct the coordination mechanism established pursuant to
subsection (a). The official so designated may invite the head
of any other department or agency of the United States to
designate a representative of that department or agency to
participate from time to time in the activities of the
Committee.
SEC. 1335.\5\ PURPOSES AND AUTHORITY.
(a) Purposes.--
(1) In general.--The primary purpose of the
coordination mechanism established pursuant to section
1334 of this Act should be--
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\5\ 50 U.S.C. 2357c.
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(A) to exercise continuing responsibility for
coordinating worldwide United States
nonproliferation and threat reduction efforts
to ensure that they effectively implement
United States policy; and
(B) to enhance the ability of participating
departments and agencies to anticipate growing
nonproliferation areas of concern.
(2) Program monitoring and coordination.--The
coordination mechanism established pursuant to section
1334 of this Act should have primary continuing
responsibility within the executive branch of the
Government for--
(A) United States nonproliferation and threat
reduction efforts, and particularly such
efforts in the independent states of the former
Soviet Union; and
(B) coordinating the implementation of United
States policy with respect to such efforts.
(b) Authority.--In carrying out the responsibilities
described in subsection (a), the coordination mechanism
established pursuant to section 1334 of this Act should have,
at a minimum, the authority to--
(1) establish such subcommittees and working groups
as it deems necessary;
(2) direct the preparation of analyses on issues and
problems relating to coordination within and among
United States departments and agencies on
nonproliferation and threat reduction efforts;
(3) direct the preparation of analyses on issues and
problems relating to coordination between the United
States public and private sectors on nonproliferation
and threat reduction efforts, including coordination
between public and private spending on nonproliferation
and threat reduction programs and coordination between
public spending and private investment in defense
conversion activities of the independent states of the
former Soviet Union;
(4) provide guidance on arrangements that will
coordinate, deconflict, and maximize the utility of
United States public spending on nonproliferation and
threat reduction programs, and particularly such
efforts in the independent states of the former Soviet
Union;
(5) encourage companies and nongovernmental
organizations involved in nonproliferation efforts of
the independent states of the former Soviet Union or
other countries of concern to voluntarily report these
efforts to it;
(6) direct the preparation of analyses on issues and
problems relating to the coordination between the
United States and other countries with respect to
nonproliferation efforts, and particularly such efforts
in the independent states of the former Soviet Union;
and
(7) consider, and make recommendations to the
President with respect to, proposals for such new
legislation or regulations relating to United States
nonproliferation efforts as may be necessary.
SEC. 1336.\6\ ADMINISTRATIVE SUPPORT.
All United States departments and agencies shall provide,
to the extent permitted by law, such information and assistance
as may be requested by the coordination mechanism established
pursuant to section 1334 of this Act, in carrying out its
functions and activities under this subtitle.
---------------------------------------------------------------------------
\6\ 50 U.S.C. 2357d.
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SEC. 1337.\7\ CONFIDENTIALITY OF INFORMATION.
Information which has been submitted to or received by the
coordination mechanism established pursuant to section 1334 of
this Act in confidence shall not be publicly disclosed, except
to the extent required by law, and such information shall be
used by it only for the purpose of carrying out the functions
set forth in this subtitle.
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\7\ 50 U.S.C. 2357e.
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SEC. 1338.\8\ STATUTORY CONSTRUCTION.
Nothing in this subtitle--
---------------------------------------------------------------------------
\8\ 50 U.S.C. 2357f.
---------------------------------------------------------------------------
(1) applies to the data-gathering, regulatory, or
enforcement authority of any existing United States
department or agency over nonproliferation efforts in
the independent states of the former Soviet Union, and
the review of those efforts undertaken by the
coordination mechanism established pursuant to section
1334 of this Act shall not in any way supersede or
prejudice any other process provided by law; or
(2) applies to any activity that is reportable
pursuant to title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.).
SEC. 1339.\9\ REPORTING AND CONSULTATION.
(a) Presidential Report.--Not later than 120 days after
each inauguration of a President, the President shall submit a
report to the Congress on his general and specific
nonproliferation and threat reduction objectives and how the
efforts of executive branch agencies will be coordinated most
effectively, pursuant to section 1334 of this Act, to achieve
those objectives.
---------------------------------------------------------------------------
\9\ 50 U.S.C. 2357g.
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(b) Consultation.--The President should consult with and
brief, from time to time, the appropriate committees of
Congress regarding the efficacy of the coordination mechanism
established pursuant to section 1334 of this Act in achieving
its stated objectives.
h. Iran Nuclear Proliferation Prevention Act of 2002
Partial text of Public Law 107-228 [Foreign Relations Authorization
Act, Fiscal Year 2003; H.R. 1646], 116 Stat. 1350, approved September
30, 2002
* * * * * * *
TITLE XIII--NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE
* * * * * * *
Subtitle D--Iran Nuclear Proliferation Prevention Act of 2002
SEC. 1341.\1\ SHORT TITLE.
This subtitle may be cited as the ``Iran Nuclear
Proliferation Prevention Act of 2002''.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 2021 note.
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SEC. 1342. WITHHOLDING OF VOLUNTARY CONTRIBUTIONS TO THE INTERNATIONAL
ATOMIC ENERGY AGENCY FOR PROGRAMS AND PROJECTS IN
IRAN.
Section 307 of the Foreign Assistance Act of 1961 (22
U.S.C. 2227) is amended * * *
SEC. 1343.\2\ ANNUAL REVIEW BY SECRETARY OF STATE OF PROGRAMS AND
PROJECTS OF THE INTERNATIONAL ATOMIC ENERGY AGENCY;
UNITED STATES OPPOSITION TO CERTAIN PROGRAMS AND
PROJECTS OF THE AGENCY.
(a) Annual Review.--
(1) In general.--The Secretary shall undertake a
comprehensive annual review of all programs and
projects of the International Atomic Energy Agency
(IAEA) in the countries described in section 307(a) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2227(a))
and shall determine if such programs and projects are
consistent with United States nuclear nonproliferation
and safety goals.
---------------------------------------------------------------------------
\2\ 22 U.S.C. 2027.
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(2) \3\ Report.--Not later than one year after the
date of enactment of this Act, and on an annual basis
thereafter for five years, the Secretary shall submit
to Congress a report containing the results of the
review under paragraph (1).
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\3\ In Delegation of Authority 304 dated February 16, 2006 (73 F.R.
25822; May 7, 2008), the Secretary of State delegated to the Under
Secretary of State for Arms Control and International Security the
authority to approve submission of the report to Congress required in
sec. 1343(a)(2).
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(b) Opposition to Certain Programs and Projects of
International Atomic Energy Agency.--The Secretary shall direct
the United States representative to the International Atomic
Energy Agency to oppose programs of the Agency that are
determined by the Secretary under the review conducted under
subsection (a)(1) to be inconsistent with nuclear
nonproliferation and safety goals of the United States.
SEC. 1344.\1\,\4\ REPORTING REQUIREMENTS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, and on an annual basis thereafter for
five years, the Secretary, in consultation with the United
States representative to the International Atomic Energy
Agency, shall prepare and submit to Congress a report that
contains--
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\4\ In Delegation of Authority 304 dated February 16, 2006 (73 F.R.
25822; May 7, 2008), the Secretary of State delegated to the Under
Secretary of State for Arms Control and International Security the
authority to approve submission of the report to Congress required in
sec. 1344.
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(1) a description of the total amount of annual
assistance to Iran from the International Atomic Energy
Agency;
(2) a list of Iranian officials in leadership
positions at the Agency;
(3) the expected timeframe for the completion of the
nuclear power reactors at the Bushehr nuclear power
plant;
(4) a summary of the nuclear materials and technology
transferred to Iran from the Agency in the preceding
year that could assist in the development of Iran's
nuclear weapons program; and
(5) a description of all programs and projects of the
International Atomic Energy Agency in each country
described in section 307(a) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2227(a)) and any inconsistencies
between the technical cooperation and assistance
programs and projects of the Agency and United States
nuclear nonproliferation and safety goals in those
countries.
(b) Additional Requirement.--The report required to be
submitted under subsection (a) shall be submitted in an
unclassified form, to the extent appropriate, but may include a
classified annex.
SEC. 1345. SENSE OF CONGRESS.
It is the sense of Congress that the President should
pursue internal reforms at the International Atomic Energy
Agency that will ensure that all programs and projects funded
under the Technical Cooperation and Assistance Fund of the
Agency are compatible with United States nuclear
nonproliferation policy and international nuclear
nonproliferation norms.
i. Miscellaneous Nonproliferation Provisions in Foreign Relations
Authorization Act, Fiscal Year 2003
Partial text of Public Law 107-228 [Foreign Relations Authorization
Act, Fiscal Year 2003; H.R. 1646], 116 Stat. 1350, approved September
30, 2002
AN ACT To authorize appropriations for the Department of State for
fiscal year 2003, to authorize appropriations under the Arms Export
Control Act and the Foreign Assistance Act of 1961 for security
assistance for fiscal year 2003, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Relations
Authorization Act, Fiscal Year 2003''.
* * * * * * *
TITLE XVI--MISCELLANEOUS PROVISIONS
SEC. 1601. NUCLEAR AND MISSILE NONPROLIFERATION IN SOUTH ASIA.
(a) United States Policy.--It shall be the policy of the
United States, consistent with its obligations under the Treaty
on the Non-Proliferation of Nuclear Weapons (21 U.S.T. 483), to
encourage and work with the governments of India and Pakistan
to achieve the following objectives by September 30, 2003:
(1) Continuation of a nuclear testing moratorium.
(2) Commitment not to deploy nuclear weapons.
(3) Commitment not to deploy ballistic missiles that
can carry nuclear weapons and to restrain the ranges
and types of missiles developed or deployed.
(4) Agreement by both governments to bring their
export controls in accord with the guidelines and
requirements of the Nuclear Suppliers Group.
(5) Agreement by both governments to bring their
export controls in accord with the guidelines and
requirements of the Zangger Committee.
(6) Agreement by both governments to bring their
export controls in accord with the guidelines,
requirements, and annexes of the Missile Technology
Control Regime.
(7) Establishment of a modern, effective system to
control the export of sensitive dual-use items,
technology, technical information, and materiel that
can be used in the design, development, or production
of weapons of mass destruction and ballistic missiles.
(8) Conduct of bilateral meetings between Indian and
Pakistani senior officials to discuss security issues
and establish confidence-building measures with respect
to nuclear policies and programs.
(b) Further United States Policy.--It shall also be the
policy of the United States, consistent with its obligations
under the Treaty on the Nonproliferation of Nuclear Weapons (21
U.S.T. 483), to encourage, and, where appropriate, to work
with, the Governments of India and Pakistan to achieve not
later than September 30, 2003, the establishment by those
governments of modern, effective systems to protect and secure
their nuclear devices and materiel from unauthorized use,
accidental employment, or theft. Any such dialogue with India
or Pakistan would not be represented or considered, nor would
it be intended, as granting any recognition to India or
Pakistan, as appropriate, as a nuclear weapon state (as defined
in the Treaty on the Non-Proliferation of Nuclear Weapons).
(c) Report.--Not later than March 1, 2003, the President
shall submit to the appropriate congressional committees a
report describing United States efforts to achieve the
objectives listed in subsections (a) and (b), the progress made
toward the achievement of those objectives, and the likelihood
that each objective will be achieved by September 30, 2003.
SEC. 1602.\1\ REAL-TIME PUBLIC AVAILABILITY OF RAW SEISMOLOGICAL DATA.
The head of the Air Force Technical Applications Center
shall make available to the public, immediately upon receipt or
as soon after receipt as is practicable, all raw seismological
data provided to the United States Government by any
international monitoring organization that is directly
responsible for seismological monitoring.
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\1\ 42 U.S.C. 7704 note.
---------------------------------------------------------------------------
SEC. 1603. DETAILING UNITED STATES GOVERNMENTAL PERSONNEL TO
INTERNATIONAL ARMS CONTROL AND NONPROLIFERATION
ORGANIZATIONS.
(a) In General.--The Secretary, in consultation with the
Secretaries of Defense and Energy and the heads of other
relevant United States departments and agencies, as
appropriate, should develop measures to improve the process by
which United States Government personnel may be detailed to
international arms control and nonproliferation organizations
without adversely affecting the pay or career advancement of
such personnel.
(b) Report Required.--Not later than May 1, 2003, the
Secretary shall submit a report to the Committee on Foreign
Relations of the Senate and the Committee on International
Relations of the House of Representatives setting forth the
measures taken under subsection (a).
SEC. 1604.\2\ DIPLOMATIC PRESENCE OVERSEAS.
(a) Purpose.--The purpose of this section is to--
---------------------------------------------------------------------------
\2\ 22 U.S.C. 2655b.
---------------------------------------------------------------------------
(1) elevate the stature given United States
diplomatic initiatives relating to nonproliferation and
political-military issues; and
(2) develop a group of highly specialized, technical
experts with country expertise capable of administering
the nonproliferation and political-military affairs
functions of the Department.
(b) Authority.--To carry out the purposes of subsection
(a), the Secretary is authorized to establish the position of
Counselor for Nonproliferation and Political Military Affairs
in United States diplomatic missions overseas, to be filled by
individuals who are career Civil Service officers or Foreign
Service officers committed to follow-on assignments in the
Nonproliferation Bureau or the Political Military Affairs
Bureau of the Department.
(c) Training.--After being selected to serve as Counselor,
any person so selected shall spend not less than 10 months in
language training courses at the Foreign Service Institute, or
in technical courses administered by the Department of Defense,
the Department of Energy, or other appropriate departments and
agencies of the United States, except that such requirement for
training may be waived by the Secretary.
SEC. 1605. COMPLIANCE WITH THE CHEMICAL WEAPONS CONVENTION.
(a) Findings.--Congress makes the following findings:
(1) On April 24, 1997, the Senate provided its advice
and consent to ratification of the Chemical Weapons
Convention subject to the condition, among others, that
the President certify that no sample collected in the
United States pursuant to the Convention will be
transferred for analysis to any laboratory outside the
territory of the United States.
(2) Congress enacted the same condition into law as
section 304(f)(1) of the Chemical Weapons Convention
Implementation Act of 1998 (22 U.S.C. 6724(f)(1)).
(3) Part II, paragraph 57, of the Verification Annex
of the Convention requires that all samples requiring
off-site analysis under the Convention shall be
analyzed by at least two laboratories that have been
designated as capable of conducting such testing by the
OPCW.
(4) The only United States laboratory currently
designated by the OPCW is the United States Army
Edgewood Forensic Science Laboratory.
(5) In order to comply with the Chemical Weapons
Convention, the certification submitted pursuant to
condition (18) of the resolution of ratification of the
Chemical Weapons Convention, and the requirements of
section 304(f)(1) of the Chemical Weapons Convention
Implementation Act of 1998 (22 U.S.C. 6724(f)(1)), the
United States must possess, at a minimum, a second
OPCW-designated laboratory.
(6) The possession of a second OPCW-designated
laboratory is necessary in view of the potential for a
challenge inspection to be initiated against the United
States by a foreign nation.
(7) The possession of a third OPCW-designated
laboratory would enable the OPCW to implement its
normal sample analysis procedures, which randomly
assign real and manufactured samples so that no
laboratory knows the origin of a given sample.
(8) To qualify as a designated laboratory, a
laboratory must be certified under ISO Guide 25 or a
higher standard and complete three proficiency tests.
The laboratory must have the full capability to handle
substances listed on Schedule 1 of the Annex on
Schedules of Chemicals of the Chemical Weapons
Convention. In order to handle such substances in the
United States, a laboratory also must operate under a
bailment agreement with the United States Army.
(9) Several existing United States commercial
laboratories have approved quality control systems,
already possess bailment agreements with the United
States Army, and have the capabilities necessary to
obtain OPCW designation.
(10) In order to bolster the legitimacy of United
States analysis of samples taken on its national
territory, it is preferable that one designated
laboratory not be a United States Government facility.
(b) Establishment of Non-Governmental Designated
Laboratory.--
(1) Report.--Not later than March 1, 2003, the United
States National Authority, as designated under section
101 of the Chemical Weapons Convention Implementation
Act of 1998 (22 U.S.C. 6711) (referred to in this
section as the ``National Authority''), shall submit to
the appropriate congressional committees a report
detailing a plan for securing OPCW designation of a
nongovernmental United States laboratory by December 1,
2004.
(2) Directive.--Not later than June 1, 2003, the
National Authority shall select, through competitive
procedures, a nongovernmental laboratory within the
United States to pursue designation by the OPCW.
(3) Delegation.--The National Authority may delegate
the authority and administrative responsibility for
carrying out paragraph (2) to one or more of the heads
of the agencies described in section 101(b)(2) of the
Chemical Weapons Convention Implementation Act of 1998
(22 U.S.C. 6711(b)(2)).
(c) Definitions.--In this section:
(1) Chemical weapons convention or convention.--The
term ``Chemical Weapons Convention'' or ``Convention''
means the Convention on the Prohibition of Development,
Production, Stockpiling and Use of Chemical Weapons and
on Their Destruction, Opened for Signature and Signed
by the United States at Paris on January 13, 1993,
including the following protocols and memorandum of
understanding:
(A) The Annex on Chemicals.
(B) The Annex on Implementation and
Verification.
(C) The Annex on the Protection of
Confidential Information.
(D) The Resolution Establishing the
Preparatory Commission for the Organization for
the Prohibition of Chemical Weapons.
(E) The Text on the Establishment of a
Preparatory Commission.
(2) OPCW.--The term ``OPCW'' means the Organization
for the Prohibition of Chemical Weapons established
under the Convention.
j. Iran, North Korea, and Syria Nonproliferation Act
Public Law 106-178 [Iran Nonproliferation Act of 2000; H.R. 1883], 114
Stat. 38, approved March 14, 2000; as amended by Public Law 107-228
[Foreign Relations Authorization Act, Fiscal Year 2003; H.R. 1646], 116
Stat. 1350, approved September 30, 2002; Public Law 109-112 [Iran
Nonproliferation Amendments Act of 2005; S. 1713], 119 Stat. 2366,
approved November 22, 2005; and Public Law 109-353 [North Korea
Nonproliferation Act of 2006; S. 3728], 120 Stat. 2015, approved
October 13, 2006
AN ACT To provide for the application of measures to foreign persons
who transfer to Iran certain goods, services, or technology, and for
other purposes.
SECTION 1.\1\ SHORT TITLE.
This Act may be cited as the ``Iran, North Korea, and Syria
Nonproliferation Act''.\2\
---------------------------------------------------------------------------
\1\ 50 U.S.C. 1701 note.
\2\ Sec. 4(e) of the Iran Nonproliferation Amendments Act of 2005
(Public Law 109-112; 119 Stat. 2369) struck out ``Iran Nonproliferation
Act of 2000'' and inserted in lieu thereof ``Iran and Syria
Nonproliferation Act''. Subsequently, sec. 3(b)(1) of the North Korea
Nonproliferation Act of 2006 (Public Law 109-353; 120 Stat. 2016)
inserted ``, North Korea,'' after ``Iran''.
Sec. 2 of the North Korea Nonproliferation Act of 2006 (Public Law
109-353; 120 Stat. 2015) states as follows:
---------------------------------------------------------------------------
``sec. 2. statement of policy.
---------------------------------------------------------------------------
``(a) In view of--
---------------------------------------------------------------------------
``(1) North Korea's manifest determination to produce missiles, nuclear
weapons, and other weapons of mass destruction and to proliferate missiles,
in violation of international norms and expectations; and
``(2) United Nations Security Council Resolution 1695, adopted on July
15, 2006, which requires all Member States, in accordance with their
national legal authorities and consistent with international law, to
exercise vigilance and prevent--
``(A) missile and missile-related items, materials, goods, and technology
from being transferred to North Korea's missile or weapons of mass
destruction programs; and
``(B) the procurement of missiles or missile-related items, materials,
goods, and technology from North Korea, and the transfer of any financial
resources in relation to North Korea's missile or weapons of mass
destruction programs,
``it should be the policy of the United States to impose sanctions on
persons who transfer such weapons, and goods and technology related to such
weapons, to and from North Korea in the same manner as persons who transfer
such items to and from Iran and Syria currently are sanctioned under United
States law.''.
---------------------------------------------------------------------------
Sec. 4 of the Act (120 Stat. 2016) states the following:
---------------------------------------------------------------------------
``sec. 4. sense of congress on international cooperation.
---------------------------------------------------------------------------
``Congress urges all governments to comply promptly with United
Nations Security Council Resolution 1695 and to impose measures on
persons involved in such proliferation that are similar to those
imposed by the United States Government pursuant to the Iran, North
Korea, and Syria Nonproliferation Act (Public Law 106-178; 50 U.S.C.
1701 note), as amended by this Act.''.
---------------------------------------------------------------------------
SEC. 2.\3\ REPORTS ON PROLIFERATION RELATING TO IRAN, NORTH KOREA, AND
SYRIA. \4\
(a) Reports.--The President shall, at the times specified
in subsection (b), submit to the Committee on International
Relations of the House of Representatives and the Committee on
Foreign Relations of the Senate a report identifying every
foreign person with respect to whom there is credible
information indicating that that person, on or after January 1,
1999, transferred to or acquired from \4\ Iran,\5\ on or after
January 1, 2005, transferred to or acquired from Syria \4\, or
on or after January 1, 2006, transferred to or acquired from
North Korea \6\--
---------------------------------------------------------------------------
\3\ Sec. 708 of the Security Assistance Act of 2000 (Public Law
106-280; 116 Stat. 862) reads in part:
---------------------------------------------------------------------------
``sec. 708. space cooperation with russian persons.
---------------------------------------------------------------------------
``(a) Annual Certification.--
---------------------------------------------------------------------------
``(1) Requirement.--The President shall submit each year to the
appropriate committees of Congress, with respect to each Russian person
described in paragraph (2), a certification that the reports required to be
submitted to Congress during the preceding calendar year under section 2 of
the Iran Nonproliferation Act of 2000 (Public Law 106-178) do not identify
that person on account of a transfer to Iran of goods, services, or
technology described in section 2(a)(1)(B) of such Act.
``(2) * * *
``(3) Exemption.--No activity or transfer which specifically has been the
subject of a Presidential determination pursuant to section 5(a)(1), (2),
or (3) of the Iran Nonproliferation Act of 2000 (Public Law 106-178) shall
cause a Russian person to be considered as having been identified in the
reports submitted during the preceding calendar year under section 2 of
that Act for the purposes of the certification required under paragraph
(1).''.
---------------------------------------------------------------------------
\4\ Sec. 4(a) of Public Law 109-112 (119 Stat. 2369) struck out
``to iran'' and inserted in lieu thereof ``relating to iran and syria''
in the heading of sec. 2; inserted ``or acquired from'' after
``transferred to'' and ``, or on or after January 1, 2005, transferred
to or acquired from Syria'' in sec. 2(a); and inserted ``or Syria, as
the case may be,'' after ``Iran'' in sec. 2(a)(2). Sec. 3(a)(1) of
Public Law 109-353 (120 Stat. 2015) subsequently inserted ``, north
korea,'' after ``iran'' in the heading of sec. 2.
\5\ Sec. 3(a)(2)(A)(i) of Public Law 109-353 (120 Stat. 2015)
struck out ``Iran, or'' and inserted in lieu thereof ``Iran,''.
\6\ Sec. 3(a)(2)(A)(ii) of Public Law 109-353 (120 Stat. 2016)
inserted ``, or on or after January 1, 2006, transferred to or acquired
from North Korea''. The direction in sec. 3(a)(2)(A)(ii) states first
that the new language should be inserted after ``Syria'', but then in
the same clause states this language would be inserted after ``Iran''.
In this volume the new language appears after ``Syria'', in accordance
with the first direction.
---------------------------------------------------------------------------
(1) goods, services, or technology listed on--
(A) the Nuclear Suppliers Group Guidelines
for the Export of Nuclear Material, Equipment
and Technology (published by the International
Atomic Energy Agency as Information Circular
INFCIRC/254/Rev.3/Part 1, and subsequent
revisions) and Guidelines for Transfers of
Nuclear-Related Dual-Use Equipment, Material,
and Related Technology (published by the
International Atomic Energy Agency as
Information Circular INFCIRC/254/Rev.3/Part 2,
and subsequent revisions);
(B) the Missile Technology Control Regime
Equipment and Technology Annex of June 11,
1996, and subsequent revisions;
(C) the lists of items and substances
relating to biological and chemical weapons the
export of which is controlled by the Australia
Group;
(D) the Schedule One or Schedule Two list of
toxic chemicals and precursors the export of
which is controlled pursuant to the Convention
on the Prohibition of the Development,
Production, Stockpiling and Use of Chemical
Weapons and on Their Destruction; or
(E) the Wassenaar Arrangement list of Dual
Use Goods and Technologies and Munitions list
of July 12, 1996, and subsequent revisions; or
(2) goods, services, or technology not listed on any
list identified in paragraph (1) but which nevertheless
would be, if they were United States goods, services,
or technology, prohibited for export to Iran, North
Korea,\7\ or Syria, as the case may be,\4\ because of
their potential to make a material contribution to the
development of nuclear, biological, or chemical
weapons, or of ballistic or cruise missile systems.
---------------------------------------------------------------------------
\7\ Sec. 3(a)(2)(B) of Public Law 109-353 (120 Stat. 2016) inserted
``, North Korea,'' after ``Iran''.
---------------------------------------------------------------------------
(b) Timing of Reports.--The reports under subsection (a)
shall be submitted not later than 90 days after the date of the
enactment of this Act, not later than 6 months after such date
of enactment, and not later than the end of each 6-month period
thereafter.
(c) Exceptions.--Any foreign person who--
(1) was identified in a previous report submitted
under subsection (a) on account of a particular
transfer; or
(2) has engaged in a transfer on behalf of, or in
concert with, the Government of the United States, is
not required to be identified on account of that same
transfer in any report submitted thereafter under this
section, except to the degree that new information has
emerged indicating that the particular transfer may
have continued, or been larger, more significant, or
different in nature than previously reported under this
section.
(d) Submission in Classified Form.--When the President
considers it appropriate, reports submitted under subsection
(a), or appropriate parts thereof, may be submitted in
classified form.
(e) \8\ Content of Reports.--Each report under subsection
(a) shall contain, with respect to each foreign person
identified in such report, a brief description of the type and
quantity of the goods, services, or technology transferred by
that person to Iran, the circumstances surrounding the
transfer, the usefulness of the transfer to Iranian weapons
programs, and the probable awareness or lack thereof of the
transfer on the part of the government with primary
jurisdiction over the person.
---------------------------------------------------------------------------
\8\ Sec. 1306(a) of the Foreign Relations Authorization Act, Fiscal
Year 2003 (division B of Public Law 107-228; 116 Stat. 1438) added
subsec. (e).
---------------------------------------------------------------------------
SEC. 3. APPLICATION OF MEASURES TO CERTAIN FOREIGN PERSONS.
(a) Application of Measures.--Subject to sections 4 and 5,
the President is authorized to apply with respect to each
foreign person identified in a report submitted pursuant to
section 2(a), for such period of time as he may determine, any
or all of the measures described in subsection (b).
(b) Description of Measures.--The measures referred to in
subsection (a) are the following:
(1) Executive order no. 12938 prohibitions.--The
measures set forth in subsections (b) and (c) of
section 4 of Executive Order No. 12938.
(2) Arms export prohibition.--Prohibition on United
States Government sales to that foreign person of any
item on the United States Munitions List as in effect
on August 8, 1995, and termination of sales to that
person of any defense articles, defense services, or
design and construction services under the Arms Export
Control Act.
(3) Dual use export prohibition.--Denial of licenses
and suspension of existing licenses for the transfer to
that person of items the export of which is controlled
under the Export Administration Act of 1979 or the
Export Administration Regulations.
(c) Effective Date of Measures.--Measures applied pursuant
to subsection (a) shall be effective with respect to a foreign
person no later than--
(1) 90 days after the report identifying the foreign
person is submitted, if the report is submitted on or
before the date required by section 2(b);
(2) 90 days after the date required by section 2(b)
for submitting the report, if the report identifying
the foreign person is submitted within 60 days after
that date; or
(3) on the date that the report identifying the
foreign person is submitted, if that report is
submitted more than 60 days after the date required by
section 2(b).
(d) Publication in Federal Register.--The application of
measures to a foreign person pursuant to subsection (a) shall
be announced by notice published in the Federal Register.\9\
---------------------------------------------------------------------------
\9\ In Public Notice 5483 dated July 31, 2006 (71 F.R. 44345;
August 4, 2006), the Department of State's Bureau of International
Security and Nonproliferation published a determination to apply
measures to seven foreign persons under sec. 3, effective July 28,
2006:
---------------------------------------------------------------------------
Korean Mining and Industrial Development Corporation (KOMID) (North
Korea)
Korea Pugang Trading Corporation (North Korea)
Center for Genetic Engineering and Biotechnology (Cuba)
Balaji Amines (India)
Prachi Poly Products (India)
Rosoboronexport (Russia)
Sukhoy (Russia)
The measures apply to any successor, sub-unit, or subsidiary of any of
these persons. The Bureau ended the measures against Sukhoy in Public
Notice 5632 dated November 22, 2006 (71 F.R. 69220; November 30, 2006),
with an effective date of November 21, 2006.
---------------------------------------------------------------------------
In Public Notice 5660 dated December 28, 2006 (72 F.R. 606; January
5, 2007), the Bureau published a determination to apply measures to 24
foreign persons, and any successor, sub-unit, or subsidiary of any of
these persons, under sec. 3, effective December 28, 2006:
---------------------------------------------------------------------------
China National Electronic Import-Export Company (CEIEC) (China)
China National Aero-Technology Import and Export Company (CATIC) (China)
Zibo Chemet Equipment Company (China)
Defense Industries Organization (DIO) (Iran)
Iran Electronics Industries (IEI) (Iran)
Sanam Industrial Group (SIG) (Iran)
NAB Export Company (Iran)
Abu Hamadi (Iraq)
Kal Al-Zuhiry (Iraq)
Korea Mining Development Corporation (KOMID) (North Korea)
Target Airfreight (Malaysia)
Aerospace Logistics Services (Mexico)
Arif Durrani (Pakistan)
Rosoboronexport (Russia)
Kolomna Design Bureau of Machine-Building (KBM) (Russia)
Tula Design Bureau of Instrument Building (KBP) (Russia)
Alexey Safonov (Russia)
Al Zarga Optical and Electronics Co. (Sudan)
Giad Industrial Complex (Sudan)
Yarmouk Industrial Complex (Sudan)
Army Supply Bureau (Syria)
Industrial Establishment of Defense (IED) (Syria)
Ministry of Defense (Syria)
Scientific Studies and Research Center (SSRC) (Syria)
---------------------------------------------------------------------------
In Public Notice 5781 dated April 17, 2007 (72 F.R. 20158; April
23, 2007), the Bureau published a determination to apply measures to 14
foreign persons, and any successor, sub-unit, or subsidiary of any of
these persons, under sec. 3, effective April 17, 2007:
---------------------------------------------------------------------------
China National Precision Machinery Import/Export Corporation (CPMIEC)
(China)
Shanghai Non-Ferrous Metals Pudong Development Trade Co. Ltd. (China)
Zibo Chemet Equipment Company (China)
Defense Industries Organization (DIO) (Iran)
Hizballah
Sokkia Singapore PTE Ltd. (Singapore)
Army Supply Bureau (Syria)
Syrian Air Force (Syria)
Syrian Navy (Syria)
Industrial Establishment of Defense (Syria)
Challenger Corporation (Malaysia)
Target Airfreight (Malaysia)
Aerospace Logistics Services (Mexico)
Arif Durrani (Pakistan)
---------------------------------------------------------------------------
In Public Notice 6414 dated October 16, 2008 (73 F.R. 63226;
October 23, 2008), the Bureau published a determination to apply
measures to 13 foreign persons, and any successor, sub-unit, or
subsidiary of any of these persons, under sec. 3, effective October 23,
2008:
---------------------------------------------------------------------------
China Xinshidai Company (China)
China Shipbuilding and Offshore International Corporation, LTD (China)
Huazhong CNC (China)
Islamic Revolutionary Guard Corps (IRGC) (Iran)
Korea Mining Development Corporation (North Korea)
Korea Taesong Trading Company (North Korea)
Yolin/Yullin Tech, Inc., Ltd. (South Korea)
Rosoboronexport (ROE) (Russia)
Sudan Master Technology (Sudan)
Sudan Technical Center Company (STC) (Sudan)
Army Supply Bureau (Syria)
R and M International FZCO (United Arab Emirates)
Venezuelan Military Industries Company (CAVIM) (Venezuela)
SEC. 4. PROCEDURES IF MEASURES ARE NOT APPLIED.
(a) Requirement To Notify Congress.--Should the President
not exercise the authority of section 3(a) to apply any or all
of the measures described in section 3(b) with respect to a
foreign person identified in a report submitted pursuant to
section 2(a), he shall so notify the Committee on International
Relations of the House of Representatives and the Committee on
Foreign Relations of the Senate no later than the effective
date under section 3(c) for measures with respect to that
person.
(b) Written Justification.--Any notification submitted by
the President under subsection (a) shall include a written
justification describing in detail the facts and circumstances
relating specifically to the foreign person identified in a
report submitted pursuant to section 2(a) that support the
President's decision not to exercise the authority of section
3(a) with respect to that person.
(c) Submission in Classified Form.--When the President
considers it appropriate, the notification of the President
under subsection (a), and the written justification under
subsection (b), or appropriate parts thereof, may be submitted
in classified form.
SEC. 5. DETERMINATION EXEMPTING FOREIGN PERSON FROM SECTIONS 3 AND 4.
(a) In General.--Sections 3 and 4 shall not apply to a
foreign person 15 days after the President reports to the
Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate that the President has determined, on the basis of
information provided by that person, or otherwise obtained by
the President, that--
(1) the person did not, on or after January 1, 1999,
knowingly transfer to or acquire from Iran, North
Korea,\10\ or Syria, as the case may be,\11\ the goods,
services, or technology the apparent transfer of which
caused that person to be identified in a report
submitted pursuant to section 2(a);
---------------------------------------------------------------------------
\10\ Sec. 3(b)(2) of Public Law 109-353 (120 Stat. 2016) inserted
``, North Korea,'' after ``Iran'' in paras. (1) and (2) of sec. 5(a).
\11\ Sec. 4(b)(1) of the Iran Nonproliferation Amendments Act of
2005 (Public Law 109-112; 119 Stat. 2369) struck out ``transfer to
Iran'' and inserted in lieu thereof ``transfer to or acquire from Iran
or Syria, as the case may be''.
---------------------------------------------------------------------------
(2) the goods, services, or technology the transfer
of which caused that person to be identified in a
report submitted pursuant to section 2(a) did not
materially contribute to the efforts of Iran, North
Korea,\10\ or Syria, as the case may be,\12\ to develop
nuclear, biological, or chemical weapons, or ballistic
or cruise missile systems, or weapons listed on the
Wassenaar Arrangement Munitions List of July 12, 1996,
or any subsequent revision of that list \13\;
---------------------------------------------------------------------------
\12\ Sec. 4(b)(2) of the Iran Nonproliferation Amendments Act of
2005 (Public Law 109-112; 119 Stat. 2369) struck out ``Iran's efforts''
and inserted in lieu thereof ``the efforts of Iran or Syria, as the
case may be,''.
\13\ Sec. 1306(b) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (division B of Public Law 107-228; 116 Stat. 1438)
struck out ``systems'' in this subsection and inserted in lieu thereof
``systems, or weapons listed on the Wassenaar Arrangement Munitions
List of July 12, 1996, or any subsequent revision of that list''.
---------------------------------------------------------------------------
(3) the person is subject to the primary jurisdiction
of a government that is an adherent to one or more
relevant nonproliferation regimes, the person was
identified in a report submitted pursuant to section
2(a) with respect to a transfer of goods, services, or
technology described in section 2(a)(1), and such
transfer was made consistent with the guidelines and
parameters of all such relevant regimes of which such
government is an adherent; or
(4) the government with primary jurisdiction over the
person has imposed meaningful penalties on that person
on account of the transfer of the goods, services, or
technology which caused that person to be identified in
a report submitted pursuant to section 2(a).
(b) Opportunity To Provide Information.--Congress urges the
President--
(1) in every appropriate case, to contact in a timely
fashion each foreign person identified in each report
submitted pursuant to section 2(a), or the government
with primary jurisdiction over such person, in order to
afford such person, or governments, the opportunity to
provide explanatory, exculpatory, or other additional
information with respect to the transfer that caused
such person to be identified in a report submitted
pursuant to section 2(a); and
(2) to exercise the authority in subsection (a) in
all cases where information obtained from a foreign
person identified in a report submitted pursuant to
section 2(a), or from the government with primary
jurisdiction over such person, establishes that the
exercise of such authority is warranted.
(c) Submission in Classified Form.--When the President
considers it appropriate, the determination and report of the
President under subsection (a), or appropriate parts thereof,
may be submitted in classified form.
SEC. 6. RESTRICTION ON EXTRAORDINARY PAYMENTS IN CONNECTION WITH THE
INTERNATIONAL SPACE STATION.
(a) Restriction on Extraordinary Payments in Connection
With the International Space Station.--Notwithstanding any
other provision of law, no agency of the United States
Government may make extraordinary payments in connection with
the International Space Station to the Russian Aviation and
Space Agency, any organization or entity under the jurisdiction
or control of the Russian Aviation and Space Agency, or any
other organization, entity, or element of the Government of the
Russian Federation, unless, during the fiscal year in which the
extraordinary payments in connection with the International
Space Station are to be made, the President has made the
determination described in subsection (b), and reported such
determination to the Committee on International Relations and
the Committee on Science of the House of Representatives and
the Committee on Foreign Relations and the Committee on
Commerce, Science, and Transportation of the Senate.
(b) Determination Regarding Russian Cooperation in
Preventing Proliferation Relating to Iran,\14\ North Korea, and
Syria.\15\--The determination referred to in subsection (a) is
a determination by the President that--
---------------------------------------------------------------------------
\14\ Sec. 401 of the Iran Freedom Support Act (P.L. 109-293; 120
Stat. 1349) states the following regarding preventing Iranian
proliferation:
---------------------------------------------------------------------------
``sec. 401. sense of congress.
---------------------------------------------------------------------------
``(a) Sense of Congress.--It should be the policy of the United
States not to bring into force an agreement for cooperation with the
government of any country that is assisting the nuclear program of Iran
or transferring advanced conventional weapons or missiles to Iran
unless the President has determined that--
---------------------------------------------------------------------------
``(1) Iran has suspended all enrichment-related and reprocessing-related
activity (including uranium conversion and research and development,
manufacturing, testing, and assembly relating to enrichment and
reprocessing), has committed to verifiably refrain permanently from such
activity in the future (except potentially the conversion of uranium
exclusively for export to foreign nuclear fuel production facilities
pursuant to internationally agreed arrangements and subject to strict
international safeguards), and is abiding by that commitment; or
``(2) the government of that country--
``(A) has, either on its own initiative or pursuant to a binding decision
of the United Nations Security Council, suspended all nuclear assistance to
Iran and all transfers of advanced conventional weapons and missiles to
Iran, pending a decision by Iran to implement measures that would permit
the President to make the determination described in paragraph (1); and
``(B) is committed to maintaining that suspension until Iran has
implemented measures that would permit the President to make such
determination.
---------------------------------------------------------------------------
``(b) Definitions.--In this section:
---------------------------------------------------------------------------
``(1) Agreement for cooperation.--The term `agreement for cooperation'
has the meaning given that term in section 11 b. of the Atomic Energy Act
of 1954 (42 U.S.C. 2014(b)).
``(2) Assisting the nuclear program of iran.--The term `assisting the
nuclear program of Iran' means the intentional transfer to Iran by a
government, or by a person subject to the jurisdiction of a government,
with the knowledge and acquiescence of that government, of goods, services,
or technology listed on the Nuclear Suppliers Group Guidelines for the
Export of Nuclear Material, Equipment and Technology (published by the
International Atomic Energy Agency as Information Circular INFCIRC/254/Rev.
3/Part 1, and subsequent revisions) or Guidelines for Transfers of Nuclear-
Related Dual-Use Equipment, Material and Related Technology (published by
the International Atomic Energy Agency as Information Circular INFCIRC/254/
Rev. 3/Part 2 and subsequent revisions).
``(3) Transferring advanced conventional weapons or missiles to iran.--
The term `transferring advanced conventional weapons or missiles to Iran'
means the intentional transfer to Iran by a government, or by a person
subject to the jurisdiction of a government, with the knowledge and
acquiescence of that government, of--
``(A) advanced conventional weapons; or
``(B) goods, services, or technology listed on the Missile Technology
Control Regime Equipment and Technology Annex of June 11, 1996, and
subsequent revisions.''.
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\15\ Sec. 4(c)(1) of the Iran Nonproliferation Amendments Act of
2005 (Public Law 109-112; 119 Stat. 2369) struck out ``to Iran'' and
inserted in lieu thereof ``Relating to Iran and Syria''. Subsequently
sec. 3(b)(3)(A) of Public Law 109-353 (120 Stat. 2016) inserted ``,
North Korea,'' after ``Iran'' in the heading.
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(1) it is the policy of the Government of the Russian
Federation to oppose the proliferation to or from Iran,
North Korea, and Syria \16\ of weapons of mass
destruction and missile systems capable of delivering
such weapons;
---------------------------------------------------------------------------
\16\ Sec. 4(c)(2) of the Iran Nonproliferation Amendments Act of
2005 (Public Law 109-112; 119 Stat. 2369) struck out ``to Iran'' in
each place it appeared in sec. 6(b)(1) and (2) and inserted in lieu
thereof ``to or from Iran and Syria''. Sec. 4(c)(3) of that Act struck
out ``to Iran'' in sec. 6(b)(3) and inserted in lieu thereof ``to or
from Iran or Syria''. Subsequently sec. 3(b)(3)(B) inserted ``, North
Korea,'' after ``Iran'' each place it appears in sec. 6(b).
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(2) the Government of the Russian Federation
(including the law enforcement, export promotion,
export control, and intelligence agencies of such
government) has demonstrated and continues to
demonstrate a sustained commitment to seek out and
prevent the transfer to or from Iran, North Korea, and
Syria \16\ of goods, services, and technology that
could make a material contribution to the development
of nuclear, biological, or chemical weapons, or of
ballistic or cruise missile systems; and
(3) neither the Russian Aviation and Space Agency,
nor any organization or entity under the jurisdiction
or control of the Russian Aviation and Space Agency,
has, during the 1-year period prior to the date of the
determination pursuant to this subsection, made
transfers to or from Iran, North Korea, or Syria \16\
reportable under section 2(a) of this Act (other than
transfers with respect to which a determination
pursuant to section 5 has been or will be made).
(c) Prior Notification.--Not less than 5 days before making
a determination under subsection (b), the President shall
notify the Committee on International Relations and the
Committee on Science of the House of Representatives and the
Committee on Foreign Relations and the Committee on Commerce,
Science, and Transportation of the Senate of his intention to
make such determination.
(d) Written Justification.--A determination of the
President under subsection (b) shall include a written
justification describing in detail the facts and circumstances
supporting the President's conclusion.
(e) Submission in Classified Form.--When the President
considers it appropriate, a determination of the President
under subsection (b), a prior notification under subsection
(c), and a written justification under subsection (d), or
appropriate parts thereof, may be submitted in classified form.
(f) Exception for Crew Safety.--
(1) Exception.--The National Aeronautics and Space
Administration may make extraordinary payments that
would otherwise be prohibited under this section to the
Russian Aviation and Space Agency or any organization
or entity under the jurisdiction or control of the
Russian Aviation and Space Agency if the President has
notified the Congress in writing that such payments are
necessary to prevent the imminent loss of life by or
grievous injury to individuals aboard the International
Space Station.
(2) Report.--Not later than 30 days after notifying
Congress that the National Aeronautics and Space
Administration will make extraordinary payments under
paragraph (1), the President shall submit to Congress a
report describing--
(A) the extent to which the provisions of
subsection (b) had been met as of the date of
notification; and
(B) the measures that the National
Aeronautics and Space Administration is taking
to ensure that--
(i) the conditions posing a threat of
imminent loss of life by or grievous
injury to individuals aboard the
International Space Station
necessitating the extraordinary
payments are not repeated; and
(ii) it is no longer necessary to
make extraordinary payments in order to
prevent imminent loss of life by or
grievous injury to individuals aboard
the International Space Station.
(g) Service Module Exception.--(1) The National Aeronautics
and Space Administration may make extraordinary payments that
would otherwise be prohibited under this section to the Russian
Aviation and Space Agency, any organization or entity under the
jurisdiction or control of the Russian Aviation and Space
Agency, or any subcontractor thereof for the construction,
testing, preparation, delivery, launch, or maintenance of the
Service Module, and for the purchase (at a total cost not to
exceed $14,000,000) of the pressure dome for the Interim
Control Module and the Androgynous Peripheral Docking Adapter
and related hardware for the United States propulsion module,
if--
(A) the President has notified Congress at least 5
days before making such payments;
(B) no report has been made under section 2 with
respect to an activity of the entity to receive such
payment, and the President has no credible information
of any activity that would require such a report; and
(C) the United States will receive goods or services
of value to the United States commensurate with the
value of the extraordinary payments made.
(2) For purposes of this subsection, the term
``maintenance'' means activities which cannot be performed by
the National Aeronautics and Space Administration and which
must be performed in order for the Service Module to provide
environmental control, life support, and orbital maintenance
functions which cannot be performed by an alternative means at
the time of payment.
(3) This subsection shall cease to be effective 60 days
after a United States propulsion module is in place at the
International Space Station.
(h) Exception.--Notwithstanding subsections (a) and (b), no
agency of the United States Government may make extraordinary
payments in connection with the International Space Station, or
any other payments in connection with the International Space
Station,\17\ to any foreign person subject to measures applied
pursuant to--
---------------------------------------------------------------------------
\17\ Sec. 3(b) of the Iran Nonproliferation Amendments Act of 2005
(Public Law 109-112; 119 Stat. 2368) inserted ``, or any other payments
in connection with the International Space Station,''.
---------------------------------------------------------------------------
(1) section 3 of this Act; or
(2) section 4 of Executive Order No. 12938 (November
14, 1994), as amended by Executive Order No. 13094
(July 28, 1998).
Such payments shall also not be made to any other entity if the
agency of the United States Government anticipates that such
payments will be passed on to such a foreign person.
(i) \18\ Report on Certain Payments Related to
International Space Station.--
---------------------------------------------------------------------------
\18\ Sec. 3(c) of the Iran Nonproliferation Amendments Act of 2005
(Public Law 109-112; 119 Stat. 2368) added subsec. (i).
---------------------------------------------------------------------------
(1) In general.--The President shall, together with
each report submitted under section 2(a), submit to the
Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of
Representatives a report that identifies each Russian
entity or person to whom the United States Government
has, since the date of the enactment of the Iran
Nonproliferation Amendments Act of 2005, made a payment
in cash or in kind for work to be performed or services
to be rendered under the Agreement Concerning
Cooperation on the Civil International Space Station,
with annex, signed at Washington January 29, 1998, and
entered into force March 27, 2001, or any protocol,
agreement, memorandum of understanding, or contract
related thereto.
(2) Content.--Each report submitted under paragraph
(1) shall include--
(A) the specific purpose of each payment made
to each entity or person identified in the
report; and
(B) with respect to each such payment, the
assessment of the President that the payment
was not prejudicial to the achievement of the
objectives of the United States Government to
prevent the proliferation of ballistic or
cruise missile systems in Iran and other
countries that have repeatedly provided support
for acts of international terrorism, as
determined by the Secretary of State under
section 620A(a) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2371(a)), section 6(j) of
the Export Administration Act of 1979 (50
U.S.C. App. 2405(j)), or section 40(d) of the
Arms Export Control Act (22 U.S.C. 2780(d)).
SEC. 7. DEFINITIONS.
For purposes of this Act, the following terms have the
following meanings:
(1) Extraordinary payments in connection with the
international space station.--The term ``extraordinary
payments in connection with the International Space
Station'' means payments in cash or in kind made or to
be made by the United States Government--
(A) for work on the International Space
Station which the Russian Government pledged at
any time to provide at its expense; or
(B) for work on the International Space
Station, or for the purchase of goods or
services relating to human space flight, that
are not required to be made under the terms of
a contract or other agreement that was in
effect on January 1, 1999, as those terms were
in effect on such date, except that such term
does not mean payments in cash or in kind made
or to be made by the United States Government
prior to July 1, 2016,\19\ for work to be
performed or services to be rendered prior to
that date necessary to meet United States
obligations under the Agreement Concerning
Cooperation on the Civil International Space
Station, with annex, signed at Washington
January 29, 1998, and entered into force March
27, 2001, or any protocol, agreement,
memorandum of understanding, or contract
related thereto.\20\
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\19\ Sec. 125 of the Continuing Appropriations Resolution, 2009
(division A of Public Law 110-329; 122 Stat. 3577) struck out ``January
1, 2012'', and inserted in lieu thereof ``July 1, 2016''.
\20\ Sec. 3(a) of the Iran Nonproliferation Amendments Act of 2005
(Public Law 109-112; 119 Stat. 2368) struck out the period at the end
of this subsection and inserted a comma in lieu thereof, and after the
comma added the following: ``except that such term does not mean
payments in cash or in kind made or to be made by the United States
Government prior to January 1, 2012, for work to be performed or
services to be rendered prior to that date necessary to meet United
States obligations under the Agreement Concerning Cooperation on the
Civil International Space Station, with annex, signed at Washington
January 29, 1998, and entered into force March 27, 2001, or any
protocol, agreement, memorandum of understanding, or contract related
thereto.''.
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(2) Foreign person; person.--The terms ``foreign
person'' and ``person'' mean--
(A) a natural person that is an alien;
(B) a corporation, business association,
partnership, society, trust, or any other
nongovernmental entity, organization, or group,
that is organized under the laws of a foreign
country or has its principal place of business
in a foreign country;
(C) any foreign government, including any
foreign governmental entity; and \21\
---------------------------------------------------------------------------
\21\ Sec. 4(d)(1) of the Iran Nonproliferation Amendments Act of
2005 (Public Law 109-112; 119 Stat. 2369) restated sec. 7(2)(C). This
subparagraph read previously, ``(C) any foreign governmental entity
operating as a business enterprise; and''. Sec. 4(d)(2) of that Act
struck ``subparagraph (B) or (C)'' from sec. 7(2)(D) and inserted in
lieu thereof ``subparagraph (A), (B), or (C), including any entity in
which any entity described in any such subparagraph owns a controlling
interest''.
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(D) any successor, subunit, or subsidiary of
any entity described in subparagraph (A), (B),
or (C), including any entity in which any
entity described in any such subparagraph owns
a controlling interest.\21\
(3) Executive order no. 12938.--The term ``Executive
Order No. 12938'' means Executive Order No. 12938 as in
effect on January 1, 1999.
(4) Adherent to relevant nonproliferation regime.--A
government is an ``adherent'' to a ``relevant
nonproliferation regime'' if that government--
(A) is a member of the Nuclear Suppliers
Group with respect to a transfer of goods,
services, or technology described in section
2(a)(1)(A);
(B) is a member of the Missile Technology
Control Regime with respect to a transfer of
goods, services, or technology described in
section 2(a)(1)(B), or is a party to a binding
international agreement with the United States
that was in effect on January 1, 1999, to
control the transfer of such goods, services,
or technology in accordance with the criteria
and standards set forth in the Missile
Technology Control Regime;
(C) is a member of the Australia Group with
respect to a transfer of goods, services, or
technology described in section 2(a)(1)(C);
(D) is a party to the Convention on the
Prohibition of the Development, Production,
Stockpiling and Use of Chemical Weapons and on
Their Destruction with respect to a transfer of
goods, services, or technology described in
section 2(a)(1)(D); or
(E) is a member of the Wassenaar Arrangement
with respect to a transfer of goods, services,
or technology described in section 2(a)(1)(E).
(5) Organization or entity under the jurisdiction or
control of the russian aviation and space agency.--(A)
The term ``organization or entity under the
jurisdiction or control of the Russian Aviation and
Space Agency'' means an organization or entity that--
(i) was made part of the Russian Space Agency
upon its establishment on February 25, 1992;
(ii) was transferred to the Russian Space
Agency by decree of the Russian Government on
July 25, 1994, or May 12, 1998;
(iii) was or is transferred to the Russian
Aviation and Space Agency or Russian Space
Agency by decree of the Russian Government at
any other time before, on, or after the date of
the enactment of this Act; or
(iv) is a joint stock company in which the
Russian Aviation and Space Agency or Russian
Space Agency has at any time held controlling
interest.
(B) Any organization or entity described in
subparagraph (A) shall be deemed to be under the
jurisdiction or control of the Russian Aviation and
Space Agency regardless of whether--
(i) such organization or entity, after being
part of or transferred to the Russian Aviation
and Space Agency or Russian Space Agency, is
removed from or transferred out of the Russian
Aviation and Space Agency or Russian Space
Agency; or
(ii) the Russian Aviation and Space Agency or
Russian Space Agency, after holding a
controlling interest in such organization or
entity, divests its controlling interest.
k. National Security and Corporate Fairness Under the Biological
Weapons Convention Act
Partial text of Public Law 106-113 [H.R. 3194], 113 Stat. 1501 at 1536,
approved November 29, 1999
* * * * * * *
Sec. 1000. (a) The provisions of the following bills are
hereby enacted into law:
(1)-(6) * * *
(7) H.R. 3427 of the 106th Congress, as introduced on
November 17, 1999;
(8)-(9) * * *
* * * * * * *
A BILL To authorize appropriations for the Department of State for
fiscal years 2000 and 2001; to provide for enhanced security at United
States diplomatic facilities; to provide for certain arms control,
nonproliferation, and other national security measures; to provide for
reform of the United Nations; and for other purposes
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Admiral James W. Nance and
Meg Donovan Foreign Relations Authorization Act, Fiscal Years
2000 and 2001''.
* * * * * * *
DIVISION B--ARMS CONTROL, NONPROLIFERATION, AND SECURITY ASSISTANCE
PROVISIONS
SEC. 1001. SHORT TITLE.
This division may be cited as the ``Arms Control,
Nonproliferation, and Security Assistance Act of 1999''.
* * * * * * *
TITLE XI--ARMS CONTROL AND NONPROLIFERATION
SEC. 1101. SHORT TITLE.
This title may be cited as the ``Arms Control and
Nonproliferation Act of 1999''.
* * * * * * *
Subtitle A--Arms Control
* * * * * * *
CHAPTER 2--MATTERS RELATING TO THE CONTROL OF BIOLOGICAL WEAPONS \1\
SEC. 1121. SHORT TITLE.
This chapter may be cited as the ``National Security and
Corporate Fairness under the Biological Weapons Convention
Act''.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 5601 note.
---------------------------------------------------------------------------
SEC. 1122. DEFINITIONS.
In this chapter:
(1) Biological weapons convention.--The term
``Biological Weapons Convention'' means the 1972
Convention on the Prohibition of the Development,
Production and Stockpiling of Bacteriological
(Biological) and Toxin Weapons and on their
Destruction.
(2) Compliance protocol.--The term ``compliance
protocol'' means that segment of a bilateral or
multilateral agreement that enables investigation of
questions of compliance entailing written data or
visits to facilities to monitor compliance.
(3) Industry.--The term ``industry'' means any
corporate or private sector entity engaged in the
research, development, production, import, and export
of peaceful pharmaceuticals and bio-technological and
related products.
SEC. 1123. FINDINGS.
Congress makes the following findings:
(1) The threat of biological weapons and their
proliferation is one of the greatest national security
threats facing the United States.
(2) The threat of biological weapons and materials
represents a serious and increasing danger to people
around the world.
(3) Biological weapons are relatively inexpensive to
produce, can be made with readily available expertise
and equipment, do not require much space to make and
can therefore be readily concealed, do not require
unusual raw materials or materials not readily
available for legitimate purposes, do not require the
maintenance of stockpiles, or can be delivered with
low-technology mechanisms, and can effect widespread
casualties even in small quantities.
(4) Unlike other weapons of mass destruction,
biological materials capable of use as weapons can
occur naturally in the environment and are also used
for medicinal or other beneficial purposes.
(5) Biological weapons are morally reprehensible,
prompting the United States Government to halt its
offensive biological weapons program in 1969,
subsequently destroy its entire biological weapons
arsenal, and maintain henceforth only a robust
defensive capacity.
(6) The Senate gave its advice and consent to
ratification of the Biological Weapons Convention in
1974.
(7) The Director of the Arms Control and Disarmament
Agency explained, at the time of the Senate's
consideration of the Biological Weapons Convention,
that the treaty contained no verification provisions
because verification would be ``difficult''.
(8) A compliance protocol has now been proposed to
strengthen the 1972 Biological Weapons Convention.
(9) The resources needed to produce, stockpile, and
store biological weapons are the same as those used in
peaceful industry facilities to discover, develop, and
produce medicines.
(10) The raw materials of biological agents are
difficult to use as an indicator of an offensive
military program because the same materials occur in
nature or can be used to produce a wide variety of
products.
(11) Some biological products are genetically
manipulated to develop new commercial products,
optimizing production and ensuring the integrity of the
product, making it difficult to distinguish between
legitimate commercial activities and offensive military
activities.
(12) Only a small culture of a biological agent and
some growth medium are needed to produce a large amount
of biological agents with the potential for offensive
purposes.
(13) The United States pharmaceutical and
biotechnology industries are a national asset and
resource that contribute to the health and well-being
of the American public as well as citizens around the
world.
(14) One bacterium strain can represent a large
proportion of a company's investment in a
pharmaceutical product and thus its potential loss
during an arms control monitoring activity could
conceivably be worth billions of dollars.
(15) Biological products contain proprietary genetic
information.
(16) The proposed compliance regime for the
Biological Weapons Convention entails new data
reporting and investigation requirements for industry.
(17) A compliance regime which contributes to the
control of biological weapons and materials must have a
reasonable chance of success in reducing the risk of
production, stockpiling, or use of biological weapons
while protecting the reputations, intellectual
property, and confidential business information of
legitimate companies.
SEC. 1124. TRIAL INVESTIGATIONS AND TRIAL VISITS.
(a) National Security Trial Investigations and Trial
Visits.--The President shall conduct a series of national
security trial investigations and trial visits, both during and
following negotiations to develop a compliance protocol to the
Biological Weapons Convention, with the objective of ensuring
that the compliance procedures of the protocol are effective
and adequately protect the national security of the United
States. These trial investigations and trial visits shall be
conducted at such sites as United States Government facilities,
installations, and national laboratories.
(b) United States Industry Trial Investigations and Trial
Visits.--The President shall take all appropriate steps to
conduct or sponsor a series of United States industry trial
investigations and trial visits, both during and following
negotiations to develop a compliance protocol to the Biological
Weapons Convention, with the objective of ensuring that the
compliance procedures of the protocol are effective and
adequately protect the national security and the concerns of
affected United States industries and research institutions.
These trial investigations and trial visits shall be conducted
at such sites as academic institutions, vaccine production
facilities, and pharmaceutical and biotechnology firms in the
United States.
(c) Participation by Defense Department and Other
Appropriate Personnel.--The Secretary of Defense and, as
appropriate, the Director of the Federal Bureau of
Investigation shall make available specialized personnel to
participate--
(1) in each trial investigation or trial visit
conducted pursuant to subsection (a); and
(2) in each trial investigation or trial visit
conducted pursuant to subsection (b), except for any
investigation or visit in which the host facility
requests that such personnel not participate,
for the purpose of assessing the information security
implications of such investigation or visit. The Secretary of
Defense, in coordination with the Director of the Federal
Bureau of Investigation, shall add to the report required by
subsection (d)(2) a classified annex containing an assessment
of the risk to proprietary and classified information posed by
any investigation or visit procedures in the compliance
protocol.
(d) Study.--
(1) In general.--The President shall conduct a study
on the need for investigations and visits under the
compliance protocol to the Biological Weapons
Convention, including--
(A) an assessment of risks to national
security and United States industry and
research institutions of such on-site
activities; and
(B) an assessment of the monitoring results
that can be expected from such investigations
and visits.
(2) Report.--Not later than the date on which a
compliance protocol to the Biological Weapons
Convention is submitted to the Senate for its advice
and consent to ratification, the President shall submit
to the Committee on Foreign Relations of the Senate a
report, in both unclassified and classified form,
setting forth--
(A) the findings of the study conducted
pursuant to paragraph (1); and
(B) the results of trial investigations and
trial visits conducted pursuant to subsections
(a) and (b).
Subtitle B--Nuclear Nonproliferation, Safety, and Related Matters
SEC. 1131. CONGRESSIONAL NOTIFICATION OF NONPROLIFERATION ACTIVITIES.
Section 602(c) of the Nuclear Non-Proliferation Act of 1978
(22 U.S.C. 3282(c)) is amended to read as follows: * * *
SEC. 1132.\2\ EFFECTIVE USE OF RESOURCES FOR NONPROLIFERATION PROGRAMS.
(a) Prohibition.--Except as provided in subsection (b), no
assistance may be provided by the United States Government to
any person who is involved in the research, development,
design, testing, or evaluation of chemical or biological
weapons for offensive purposes.
---------------------------------------------------------------------------
\2\ 50 U.S.C. 1526.
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(b) Exception.--The prohibition contained in subsection (a)
shall not apply to any activity conducted pursuant to title V
of the National Security Act of 1947 (50 U.S.C. 413 et seq.).
SEC. 1133. DISPOSITION OF WEAPONS-GRADE MATERIAL.
(a) Report on Reduction of the Stockpile.--Not later than
120 days after signing an agreement between the United States
and Russia for the disposition of excess weapons plutonium, the
Secretary of Energy, with the concurrence of the Secretary of
Defense, shall submit to the Committee on Foreign Relations and
the Committee on Armed Services of the Senate and to the
Committee on International Relations and the Committee on Armed
Services of the House of Representatives a report--
(1) detailing plans for United States implementation
of such agreement;
(2) identifying, in classified form, the number of
United States warhead ``pits'' of each type deemed
``excess'' for the purpose of dismantlement or
disposition; and
(3) describing any implications this may have for the
Stockpile Stewardship and Management Program.
(b) Submission of the Fabrication Facility Agreement
Pursuant to Law.--Whenever the President submits to Congress
the agreement to establish a mixed oxide fuel fabrication or
production facility in Russia pursuant to section 123 of the
Atomic Energy Act of 1954 (42 U.S.C. 2153), it is the sense of
the Congress that the Secretary of State should be prepared to
certify to the Committee on Foreign Relations of the Senate and
the Committee on International Relations of the House
Representatives that--
(1) arrangements for the establishment of that
facility will further United States nuclear
nonproliferation objectives and will outweigh the
proliferation risks inherent in the use of mixed oxide
fuel elements;
(2) a guaranty has been given by Russia that no fuel
elements produced, fabricated, reprocessed, or
assembled at such facility, and no sensitive nuclear
technology related to such facility, will be exported
or supplied by Russia to any country in the event that
the United States objects to such export or supply; and
(3) a guaranty has been given by Russia that the
facility and all nuclear materials and equipment
therein, and any fuel elements or special nuclear
material produced, fabricated, reprocessed, or
assembled at that facility, including fuel elements
exported or supplied by Russia to a third party, will
be subject to international monitoring and transparency
sufficient to ensure that special nuclear material is
not diverted.
(c) Definitions.--
(1) Produced.--The terms ``produce'' and ``produced''
have the same meaning that such terms are given under
section 11 u. of the Atomic Energy Act of 1954.
(2) Production facility.--The term ``production
facility'' has the same meaning that such term is given
under section 11 v. of the Atomic Energy Act of 1954.
(3) Special nuclear material.--The term ``special
nuclear material'' has the meaning that such term is
given under section 11 aa. of the Atomic Energy Act of
1954.
SEC. 1134.\3\ PROVISION OF CERTAIN INFORMATION TO CONGRESS.
(a) Requirement to Provide Information.--The head of each
department and agency described in section 602(c) of the
Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3282(c)) shall
promptly provide information to the chairman and ranking
minority member of the Committee on Foreign Relations of the
Senate and the Committee on International Relations of the
House of Representatives in meeting the requirements of
subsection (c) or (d) of section 602 of such Act.
---------------------------------------------------------------------------
\3\ 22 U.S.C. 3282 note.
---------------------------------------------------------------------------
(b) Issuance of Directives.--Not later than February 1,
2000, the Secretary of State, the Secretary of Defense, the
Secretary of Commerce, the Secretary of Energy, the Director of
Central Intelligence, and the Chairman of the Nuclear
Regulatory Commission shall issue directives, which shall
provide access to information, including information contained
in special access programs, to implement their responsibilities
under subsections (c) and (d) of section 602 of the Nuclear
Non-Proliferation Act of 1978 (22 U.S.C. 3282(c) and (d)).
Copies of such directives shall be forwarded promptly to the
Committee on Foreign Relations of the Senate and the Committee
on International Relations of the House of Representatives upon
the issuance of the directives.
SEC. 1135. AMENDED NUCLEAR EXPORT REPORTING REQUIREMENT.
Section 1523 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112
Stat. 2180; 42 U.S.C. 2155 note) is amended-- * * *
SEC. 1136. ADHERENCE TO THE MISSILE TECHNOLOGY CONTROL REGIME.
(a) Clarification of Requirement for Control.--Section 74
of the Arms Export Control Act (22 U.S.C. 2797c) is amended-- *
* *
(b) Clarification of Applicability.--Section 73(b) of the
Arms Export Control Act (22 U.S.C. 2797b(b)) is amended-- * * *
(c) Enforcement Actions.--Section 73(c) of the Arms Export
Control Act (22 U.S.C. 2797b(c)) is amended * * *
(d) Policy Report.--Section 73A of the Arms Export Control
Act (22 U.S.C. 2797b-1) is amended-- * * *
(e) MTCR Defined.--The term ``MTCR'' means the Missile
Technology Control Regime, as defined in section 74(a)(2) of
the Arms Export Control Act (22 U.S.C. 2797c(a)(2)).
SEC. 1137. AUTHORITY RELATING TO MTCR ADHERENTS.
Chapter 7 of the Arms Export Control Act (22 U.S.C. 2797 et
seq.) is amended by inserting after section 73A the following
new section: * * *
SEC. 1138.\4\ TRANSFER OF FUNDING FOR SCIENCE AND TECHNOLOGY CENTERS IN
THE FORMER SOVIET UNION.
(a) Authorization.--For fiscal year 2001 and subsequent
fiscal years, funds made available under ``Nonproliferation,
Antiterrorism, Demining, and Related Programs'' accounts in
annual foreign operations appropriations Acts are authorized to
be available for science and technology centers in the
independent states of the former Soviet Union assisted under
section 503(a)(5) of the FREEDOM Support Act (22 U.S.C.
5853(a)(5)) or section 1412(b)(5) of the Former Soviet Union
Demilitarization Act of 1992 (title XIV of Public Law 102-484;
22 U.S.C. 5901 et seq.), including the use of those and other
funds by any Federal agency having expertise and programs
related to the activities carried out by those centers,
including the Departments of Agriculture, Commerce, and Health
and Human Services and the Environmental Protection Agency.
---------------------------------------------------------------------------
\4\ 22 U.S.C. 5853 note.
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(b) Availability of Funds.--Amounts made available under
any provision of law for the activities described in subsection
(a) shall be available until expended and may be used
notwithstanding any other provision of law.
SEC. 1139.\4\ RESEARCH AND EXCHANGE ACTIVITIES BY SCIENCE AND
TECHNOLOGY CENTERS.
(a) In General.--Support for science and technology centers
in the independent states of the former Soviet Union, as
authorized by section 503(a)(5) of the FREEDOM Support Act (22
U.S.C. 5853(a)(5)) and section 1412(b) of the Former Soviet
Union Demilitarization Act of 1992 (title XIV of Public Law
102-484, 22 U.S.C. 5901 et seq.), is authorized for activities
described in subsection (b) to support the redirection of
former Soviet weapons scientists, especially those with
expertise in weapons of mass destruction (nuclear,
radiological, chemical, biological), missile and other delivery
systems, and other advanced technologies with military
applications.
(b) Activities Supported.--Activities supported under
subsection (a) include--
(1) any research activity involving the
participation of former Soviet weapons scientists and
civilian scientists and engineers, if the participation
of the weapons scientists predominates; and
(2) any program of international exchanges that would
provide former Soviet weapons scientists exposure to,
and the opportunity to develop relations with, research
and industry partners.
* * * * * * *
l. Proliferation Prevention Enhancement Act of 1999
Partial text of Public Law 106-113 [H.R. 3194], 113 Stat. 1501 at 1536,
approved November 29, 1999
* * * * * * *
Sec. 1000. (a) The provisions of the following bills are
hereby enacted into law:
(1)-(6) * * *
(7) H.R. 3427 of the 106th Congress, as introduced on
November 17, 1999;
(8)-(9) * * *
* * * * * * *
A BILL To authorize appropriations for the Department of State for
fiscal years 2000 and 2001; to provide for enhanced security at United
States diplomatic facilities; to provide for certain arms control,
nonproliferation, and other national security measures; to provide for
reform of the United Nations; and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Admiral James W. Nance and
Meg Donovan Foreign Relations Authorization Act, Fiscal Years
2000 and 2001''.
* * * * * * *
DIVISION B--ARMS CONTROL, NONPROLIFERATION, AND SECURITY ASSISTANCE
PROVISIONS
SEC. 1001. SHORT TITLE.
This division may be cited as the ``Arms Control,
Nonproliferation, and Security Assistance Act of 1999''.
* * * * * * *
TITLE XII--SECURITY ASSISTANCE
SEC. 1201.\1\ SHORT TITLE.
This title may be cited as the ``Security Assistance Act of
1999''.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 2151 note.
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* * * * * * *
Subtitle E--Automated Export System Relating to Export Information
SEC. 1251.\2\ SHORT TITLE.
This subtitle may be cited as the Proliferation Prevention
Enhancement Act of 1999.
---------------------------------------------------------------------------
\2\ 13 U.S.C. 1 note.
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SEC. 1252. MANDATORY USE OF THE AUTOMATED EXPORT SYSTEM FOR FILING
CERTAIN SHIPPERS' EXPORT DECLARATIONS.
(a) Authority.--Section 301 of title 13, United States
Code, is amended by adding at the end the following new
subsection: * * *
(b) \3\ Implementing Regulations.--
---------------------------------------------------------------------------
\3\ 13 U.S.C. 301 note.
---------------------------------------------------------------------------
(1) In general.--The Secretary of Commerce, with the
concurrence of the Secretary of State, shall publish
regulations in the Federal Register to require that,
upon the effective date of those regulations, exporters
(or their agents) who are required to file Shippers'
Export Declarations under chapter 9 of title 13, United
States Code, file such Declarations through the
Automated Export System with respect to exports of
items on the United States Munitions List or the
Commerce Control List.
(2) Elements of the regulations.--The regulations
referred to in paragraph (1) shall include at a
minimum--
(A) provision by the Department of Commerce
for the establishment of on-line assistance
services to be available for those individuals
who must use the Automated Export System;
(B) provision by the Department of Commerce
for ensuring that an individual who is required
to use the Automated Export System is able to
print out from the System a validated record of
the individual's submission, including the date
of the submission and a serial number or other
unique identifier, where appropriate, for the
export transaction; and
(C) a requirement that the Department of
Commerce print out and maintain on file a paper
copy or other acceptable back-up record of the
individual's submission at a location selected
by the Secretary of Commerce.
(c) \3\ Effective Date.--The amendment made by subsection
(a) shall take effect 270 days after the Secretary of Commerce,
the Secretary of the Treasury, and the Director of the National
Institute of Standards and Technology jointly provide a
certification to the Committee on Foreign Relations of the
Senate and the Committee on International Relations of the
House of Representatives that a secure Automated Export System
available through the Internet that is capable of handling the
expected volume of information required to be filed under
subsection (b), plus the anticipated volume from voluntary use
of the Automated Export System, has been successfully
implemented and tested and is fully functional with respect to
reporting all items on the United States Munitions List,
including their quantities and destinations.
SEC. 1253. VOLUNTARY USE OF THE AUTOMATED EXPORT SYSTEM.
It is the sense of Congress that exporters (or their
agents) who are required to file Shippers' Export Declarations
under chapter 9 of title 13, United States Code, but who are
not required under section 1252(b) to file such Declarations
using the Automated Export System, should do so.
SEC. 1254. REPORT TO APPROPRIATE COMMITTEES OF CONGRESS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Commerce, in
consultation with the Secretary of State, the Secretary of
Defense, the Secretary of the Treasury, the Secretary of
Energy, and the Director of Central Intelligence, shall submit
a report to the appropriate committees of Congress setting
forth--
(1) the advisability and feasibility of mandating
electronic filing through the Automated Export System
for all Shippers' Export Declarations;
(2) the manner in which data gathered through the
Automated Export System can most effectively be used,
consistent with the need to ensure the confidentiality
of business information, by other automated licensing
systems administered by Federal agencies, including--
(A) the Defense Trade Application System of
the Department of State;
(B) the Export Control Automated Support
System of the Department of Commerce;
(C) the Foreign Disclosure and Technology
Information System of the Department of
Defense;
(D) the Proliferation Information Network
System of the Department of Energy;
(E) the Enforcement Communication System of
the Department of the Treasury; and
(F) the Export Control System of the Central
Intelligence Agency; and
(3) a proposed timetable for any expansion of
information required to be filed through the Automated
Export System.
(b) Definition.--In this section, the term ``appropriate
committees of Congress'' means the Committee on Foreign
Relations of the Senate and the Committee on International
Relations of the House of Representatives.
SEC. 1255. ACCELERATION OF DEPARTMENT OF STATE LICENSING PROCEDURES.
Notwithstanding any other provision of law, the Secretary
of State may use funds appropriated or otherwise made available
to the Department of State to employ--
(1) up to 40 percent of the individuals who are
performing services within the Office of Defense Trade
Controls of the Department of State in positions
classified at GS-14 and GS-15 on the General Schedule
under section 5332 of title 5, United States Code; and
(2) other individuals within the Office at a rate of
basic pay that may exceed the maximum rate payable for
positions classified at GS-15 on the General Schedule
under section 5332 of that title.
SEC. 1256.\4\ DEFINITIONS.
In this subtitle:
---------------------------------------------------------------------------
\4\ 13 U.S.C. 301 note.
---------------------------------------------------------------------------
(1) Automated export system.--The term ``Automated
Export System'' means the automated and electronic
system for filing export information established under
chapter 9 of title 13, United States Code, on June 19,
1995 (60 Federal Register 32040).
(2) Commerce control list.--The term ``Commerce
Control List'' has the meaning given the term in
section 774.1 of title 15, Code of Federal Regulations.
(3) Shippers' export declaration.--The term
``Shippers' Export Declaration'' means the export
information filed under chapter 9 of title 13, United
States Code, as described in part 30 of title 15, Code
of Federal Regulations.
(4) United states munitions list.--The term ``United
States Munitions List'' means the list of items
controlled under section 38 of the Arms Export Control
Act (22 U.S.C. 2778).
* * * * * * *
m. National Missile Defense Act of 1999
Public Law 106-38 [H.R. 4], 113 Stat. 205, approved July 22, 1999
AN ACT To declare it to be the policy of the United States to deploy a
national missile defense.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ SHORT TITLE.
This Act may be cited as the ``National Missile Defense Act
of 1999''.
---------------------------------------------------------------------------
\1\ 10 U.S.C. 101 note.
---------------------------------------------------------------------------
SEC. 2.\2\ NATIONAL MISSILE DEFENSE POLICY.
It is the policy of the United States to deploy as soon as
it it technologically possible an effective National Missile
Defense system capable of defending the territory of the United
States against limited ballistic missile attack (whether
accidential, unauthorized, or deliberate) with funding subject
to the annual authorization of appropriations and the annual
appropriation of funds for National Missile Defense.
---------------------------------------------------------------------------
\2\ 10 U.S.C. 2431 note.
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SEC. 3.\3\ POLICY ON REDUCTION OF RUSSIAN NUCLEAR FORCES.
It is the policy of the United States to seek continued
negotiated reductions in Russian nuclear forces.
---------------------------------------------------------------------------
\3\ 22 U.S.C. 5901 note.
n. Chemical Weapons Convention Implementation Act of 1998
Partial text of Public Law 105-277 [Division I of the Omnibus
Consolidated and Emergency Supplemental Appropriations Act, 1999; H.R.
4328], 112 Stat. 2681-856, approved October 21, 1998; as amended by
Public Law 106-280 [Security Assistance Act of 2000; H.R. 4919], 114
Stat. 845, approved October 6, 2000; and Public Law 107-107 [National
Defense Authorization Act for Fiscal Year 2002; S. 1438], 115 Stat.
1012, approved December 28, 2001
AN ACT Making omnibus consolidated and emergency appropriations for the
fiscal year ending September 30, 1999, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
DIVISION I--CHEMICAL WEAPONS CONVENTION
SECTION 1.\1\ SHORT TITLE.
This Division may be cited as the ``Chemical Weapons
Convention Implementation Act of 1998''.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 6701 note.
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SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
TITLE I--GENERAL PROVISIONS
Sec. 101. Designation of United States National Authority.
Sec. 102. No abridgement of constitutional rights.
Sec. 103. Civil liability of the United States.
TITLE II--PENALTIES FOR UNLAWFUL ACTIVITIES SUBJECT TO THE JURISDICTION
OF THE UNITED STATES
Subtitle A--Criminal and Civil Penalties
Sec. 201. Criminal and civil provisions.
Subtitle B--Revocations of Export Privileges
Sec. 211. Revocations of export privileges.
TITLE III--INSPECTIONS
Sec. 301. Definitions in the title.
Sec. 302. Facility agreements.
Sec. 303. Authority to conduct inspections.
Sec. 304. Procedures for inspections.
Sec. 305. Warrants.
Sec. 306. Prohibited acts relating to inspections.
Sec. 307. National security exception.
Sec. 308. Protection of constitutional rights of contractors.
Sec. 309. Annual report on inspections.
Sec. 310. United States assistance in inspections at private facilities.
TITLE IV--REPORTS
Sec. 401. Reports required by the United States National Authority.
Sec. 402. Prohibition relating to low concentrations of schedule 2 and 3
chemicals.
Sec. 403. Prohibition relating to unscheduled discrete organic chemicals
and coincidental byproducts in waste streams.
Sec. 404. Confidentiality of information.
Sec. 405. Recordkeeping violations.
TITLE V--ENFORCEMENT
Sec. 501. Penalties.
Sec. 502. Specific enforcement.
Sec. 503. Expedited judicial review.
TITLE VI--MISCELLANEOUS PROVISIONS
Sec. 601. Repeal.
Sec. 602. Prohibition.
Sec. 603. Bankruptcy actions.
SEC. 3.\2\ DEFINITIONS.
In this Act:
---------------------------------------------------------------------------
\2\ 22 U.S.C. 6701.
---------------------------------------------------------------------------
(1) Chemical weapon.--The term ``chemical weapon''
means the following, together or separately:
(A) A toxic chemical and its precursors,
except where intended for a purpose not
prohibited under this Act as long as the type
and quantity is consistent with such a purpose.
(B) A munition or device, specifically
designed to cause death or other harm through
toxic properties of those toxic chemicals
specified in subparagraph (A), which would be
released as a result of the employment of such
munition or device.
(C) Any equipment specifically designed for
use directly in connection with the employment
of munitions or devices specified in
subparagraph (B).
(2) Chemical weapons convention; convention.--The
terms ``Chemical Weapons Convention'' and
``Convention'' mean the Convention on the Prohibition
of the Development, Production, Stockpiling and Use of
Chemical Weapons and on Their Destruction, opened for
signature on January 13, 1993.
(3) Key component of a binary or multicomponent
chemical system.--The term ``key component of a binary
or multicomponent chemical system'' means the precursor
which plays the most important role in determining the
toxic properties of the final product and reacts
rapidly with other chemicals in the binary or
multicomponent system.
(4) National of the united states.--The term
``national of the United States'' has the same meaning
given such term in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).
(5) Organization.--The term ``Organization'' means
the Organization for the Prohibition of Chemical
Weapons.
(6) Person.--The term ``person'', except as otherwise
provided, means any individual, corporation,
partnership, firm, association, trust, estate, public
or private institution, any State or any political
subdivision thereof, or any political entity within a
State, any foreign government or nation or any agency,
instrumentality or political subdivision of any such
government or nation, or other entity located in the
United States.
(7) Precursor.--
(A) In general.--The term ``precursor'' means
any chemical reactant which takes part at any
stage in the production by whatever method of a
toxic chemical. The term includes any key
component of a binary or multicomponent
chemical system.
(B) List of precursors.--Precursors which
have been identified for the application of
verification measures under Article VI of the
Convention are listed in schedules contained in
the Annex on Chemicals of the Chemical Weapons
Convention.
(8) Purposes not prohibited by this act.--The term
``purposes not prohibited by this Act'' means the
following:
(A) Peaceful purposes.--Any peaceful purpose
related to an industrial, agricultural,
research, medical, or pharmaceutical activity
or other activity.
(B) Protective purposes.--Any purpose
directly related to protection against toxic
chemicals and to protection against chemical
weapons.
(C) Unrelated military purposes.--Any
military purpose of the United States that is
not connected with the use of a chemical weapon
and that is not dependent on the use of the
toxic or poisonous properties of the chemical
weapon to cause death or other harm.
(D) Law enforcement purposes.--Any law
enforcement purpose, including any domestic
riot control purpose and including imposition
of capital punishment.
(9) Technical secretariat.--The term ``Technical
Secretariat'' means the Technical Secretariat of the
Organization for the Prohibition of Chemical Weapons
established by the Chemical Weapons Convention.
(10) Schedule 1 chemical agent.--The term ``Schedule
1 chemical agent'' means any of the following, together
or separately:
(A) O-Alkyl (C10, incl.
cycloalkyl) alkyl
(Me, Et, n-Pr or i-Pr)-
phosphonofluoridates
(e.g. Sarin: O-Isopropyl
methylphosphonofluoridate Soman: O-
Pinacolyl methylphosphonofluoridate).
(B) O-Alkyl (C10, incl.
cycloalkyl) N,N-dialkyl
(Me, Et, n-Pr or i-Pr)-
phosphoramidocyanidates
(e.g. Tabun: O-Ethyl N,N-dimethyl
phosphoramidocyanidate).
(C) O-Alkyl (H or C10, incl.
cycloalkyl) S-2-dialkyl
(Me, Et, n-Pr or i-Pr)-aminoethyl
alkyl
(Me, Et, n-Pr or i-Pr)
phosphonothiolates and corresponding
alkylated or protonated salts
(e.g. VX: O-Ethyl S-2-
diisopropylaminoethyl methyl
phosphonothiolate).
(D) Sulfur mustards:
2-Chloroethylchloromethylsulfide
Mustard gas: (Bis(2-
chloroethyl)sulfide
Bis(2-chloroethylthio)methane
Sesquimustard: 1,2-Bis(2-
chloroethylthio)ethane
1,3-Bis(2-chloroethylthio)-n-propane
1,4-Bis(2-chloroethylthio)-n-butane
1,5-Bis(2-chloroethylthio)-n-pentane
Bis(2-chloroethylthiomethyl)ether
O-Mustard: Bis(2-
chloroethylthioethyl)ether.
(E) Lewisites:
Lewisite 1: 2-
Chlorovinyldichloroarsine
Lewisite 2: Bis(2-
chlorovinyl)chloroarsine
Lewisite 3: Tris (2-
clorovinyl)arsine.
(F) Nitrogen mustards:
HN1: Bis(2-chloroethyl)ethylamine
HN2: Bis(2-chloroethyl)methylamine
HN3: Tris(2-chloroethyl)amine.
(G) Saxitoxin.
(H) Ricin.
(I) Alkyl (Me, Et, n-Pr or i-Pr)
phosphonyldifluorides
e.g. DF: Methylphosphonyldifluoride.
(J) O-Alkyl (H or >C10, incl.
cycloalkyl)O-2-dialkyl
(Me, Et, n-Pr or i-Pr)-aminoethyl
alkyl
(Me, Et, n-Pr or i-Pr) phosphonites
and corresponding alkylated or
protonated salts
e.g. QL: O-Ethyl O-2-diisopropylaminoethyl
methylphosphonite.
(K) Chlorosarin: O-Isopropyl methylphosphonochloridate.
(L) Chlorosoman: O-Pinacolyl methylphosphonochloridate.
(11) Schedule 2 chemical agent.--The term `Schedule 2
chemical agent' means the following, together or separately:
(A) Amiton: O,O-Diethyl S-[2-(diethylamino)ethyl]
phosphorothiolate and corresponding alkylated or protonated
salts.
(B) PFIB: 1,1,3,3,3-Pentafluoro-2-(trifluoromethyl)-1-
propene.
(C) BZ: 3-Quinuclidinyl benzilate
(D) Chemicals, except for those listed in Schedule 1,
containing a phosphorus atom to which is bonded one methyl,
ethyl or propyl (normal or iso) group but not further carbon
atoms,
e.g. Methylphosphonyl dichloride Dimethyl methylphosphonate
Exemption: Fonofos: O-Ethyl S-phenyl
ethylphosphonothiolothionate.
(E) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) phosphoramidic
dihalides.
(F) Dialkyl (Me, Et, n-Pr or i-Pr) N,N-dialkyl (Me, Et, n-
Pr or i-Pr)-phosphoramidates.
(G) arsenic trichloride.
(H) 2,2-Diphenyl-2-hydroxyacetic acid.
(I) Quinuclidine-3-ol.
(J) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethyl-2-
chlorides and corresponding protonated salts.
(K) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-ols
and corresponding protonated salts
Exemptions: N,N-Dimethylaminoethanol and corresponding
protonated salts N,N-Diethylaminoethanol and corresponding
protonated salts.
(L) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-thiols
and corresponding protonated salts.
(M) Thiodiglycol: Bis(2-hydroxyethyl)sulfide.
(N) Pinacolyl alcohol: 3,3-Dimethylbutane-2-ol.
(12) Schedule 3 chemical agent.--The term `Schedule 3
chemical agent' means any of the following, together or
separately:
(A) Phosgene: carbonyl dichloride.
(B) Cyanogen chloride.
(C) Hydrogen cyanide.
(D) Chloropicrin: trichloronitromethane.
(E) Phosphorous oxychloride.
(F) Phosphorous trichloride.
(G) Phosphorous pentachloride.
(H) Trimethyl phosphite.
(I) Triethyl phosphite.
(J) Dimethyl phosphite.
(K) Diethyl phosphite.
(L) Sulfur monochloride.
(M) Sulfur dichloride.
(N) Thionyl chloride.
(O) Ethyldiethanolamine.
(P) Methyldiethanolamine.
(Q) Triethanolamine.
(13) Toxic chemical.--
(A) In general.--The term ``toxic chemical'' means any
chemical which through its chemical action on life processes
can cause death, temporary incapacitation or permanent harm to
humans or animals. The term includes all such chemicals,
regardless of their origin or of their method of production,
and regardless of whether they are produced in facilities, in
munitions or elsewhere.
(B) List of toxic chemicals.--Toxic chemicals
which have been identified for the application
of verification measures under Article VI of
the Convention are listed in schedules
contained in the Annex on Chemicals of the
Chemical Weapons Convention.
(14) United states.--The term ``United States'' means
the several States of the United States, the District
of Columbia, and the commonwealths, territories, and
possessions of the United States and includes all
places under the jurisdiction or control of the United
States, including--
(A) any of the places within the provisions
of paragraph (41) of section 40102 of title 49,
United States Code;
(B) any civil aircraft of the United States
or public aircraft, as such terms are defined
in paragraphs (17) and (37), respectively, of
section 40102 of title 49, United States Code;
and
(C) any vessel of the United States, as such
term is defined in section 3(b) of the Maritime
Drug Enforcement Act, as amended (46 U.S.C.,
App. sec. 1903(b)).
(15) Unscheduled discrete organic chemical.--The term
``unscheduled discrete organic chemical'' means any
chemical not listed on any schedule contained in the
Annex on Chemicals of the Convention that belongs to
the class of chemical compounds consisting of all
compounds of carbon, except for its oxides, sulfides,
and metal carbonates.
TITLE I--GENERAL PROVISIONS
SEC. 101.\3\ DESIGNATION OF UNITED STATES NATIONAL AUTHORITY.
(a) Designation.--Pursuant to paragraph 4 of Article VII of
the Chemical Weapons Convention, the President shall designate
the Department of State to be the United States National
Authority.
---------------------------------------------------------------------------
\3\ 22 U.S.C. 6711.
---------------------------------------------------------------------------
(b) Purposes.--The United States National Authority shall--
(1) serve as the national focal point for effective
liaison with the Organization for the Prohibition of
Chemical Weapons and other States Parties to the
Convention; and
(2) implement the provisions of this Act in
coordination with an interagency group designated by
the President consisting of the Secretary of Commerce,
Secretary of Defense, Secretary of Energy, the Attorney
General, and the heads of agencies considered necessary
or advisable by the President.
(c) Director.--The Secretary of State shall serve as the
Director of the United States National Authority.
(d) Powers.--The Director may utilize the administrative
authorities otherwise available to the Secretary of State in
carrying out the responsibilities of the Director set forth in
this Act.
(e) Implementation.--The President is authorized to
implement and carry out the provisions of this Act and the
Convention \4\ and shall designate through Executive order
which agencies of the United States shall issue, amend, or
revise the regulations in order to implement this Act and the
provisions of the Convention. The Director of the United States
National Authority shall report to the Congress on the
regulations that have been issued, implemented, or revised
pursuant to this section.
---------------------------------------------------------------------------
\4\ The Senate tasked the President with further duties pursuant to
its resolution ratifying the Chemical Weapons Convention. Sec. 2(10)(C)
of the Senate resolution ``To advise and consent to the ratification of
the Chemical Weapons Convention, subject to certain conditions'' (S.
Res. 75; April 24, 1997) required the Secretary of State to provide an
annual report certifying the compliance of other states parties to the
Chemical Weapons Convention and the measures undertaken to bring any
states parties not so certified into compliance. In sec. 2(a)(3) of
Executive Order 13313 of July 31, 2003 (68 F.R. 46073; August 5, 2003),
the President assigned these reporting duties to the Secretary of
State.
In sec. 2(a) of Executive Order 13346 of July 8, 2004 (69 F.R.
41905; July 13, 2004), the President further assigned to the Secretary
of State the certification requirements of sec. 2(7)(C)(i) of S. Res.
75 (105th Congress), concerning the effectiveness and viability of the
Australia Group. In sec. 2(b) of Executive Order 13346, the President
assigned to the Secretary of Commerce the certification requirements of
sec. 2(9) of S. Res. 75 (105th Congress), concerning the interests of
certain firms in the United States.
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SEC. 102.\5\ NO ABRIDGEMENT OF CONSTITUTIONAL RIGHTS.
No person may be required, as a condition for entering into
a contract with the United States or as a condition for
receiving any benefit from the United States, to waive any
right under the Constitution for any purpose related to this
Act or the Convention.
---------------------------------------------------------------------------
\5\ 22 U.S.C. 6712.
---------------------------------------------------------------------------
SEC. 103.\6\ CIVIL LIABILITY OF THE UNITED STATES.
(a) Claims for Taking of Property.--
---------------------------------------------------------------------------
\6\ 22 U.S.C. 6713.
---------------------------------------------------------------------------
(1) Jurisdiction of courts of the united states.--
(A) United states court of federal claims.--
The United States Court of Federal Claims
shall, subject to subparagraph (B), have
jurisdiction of any civil action or claim
against the United States for any taking of
property without just compensation that occurs
by reason of the action of any officer or
employee of the Organization for the
Prohibition of Chemical Weapons, including any
member of an inspection team of the Technical
Secretariat, or by reason of the action of any
officer or employee of the United States
pursuant to this Act or the Convention. For
purposes of this subsection, action taken
pursuant to or under the color of this Act or
the Convention shall be deemed to be action
taken by the United States for a public
purpose.
(B) District courts.--The district courts of
the United States shall have original
jurisdiction, concurrent with the United States
Court of Federal Claims, of any civil action or
claim described in subparagraph (A) that does
not exceed $10,000.
(2) Notification.--Any person intending to bring a
civil action pursuant to paragraph (1) shall notify the
United States National Authority of that intent at
least one year before filing the claim in the United
States Court of Federal Claims. Action on any claim
filed during that one-year period shall be stayed. The
one-year period following the notification shall not be
counted for purposes of any law limiting the period
within which the civil action may be commenced.
(3) Initial steps by united states government to seek
remedies.--During the period between a notification
pursuant to paragraph (2) and the filing of a claim
covered by the notification in the United States Court
of Federal Claims, the United States National Authority
shall pursue all diplomatic and other remedies that the
United States National Authority considers necessary
and appropriate to seek redress for the claim
including, but not limited to, the remedies provided
for in the Convention and under this Act.
(4) Burden of proof.--In any civil action under
paragraph (1), the plaintiff shall have the burden to
establish a prima facie case that, due to acts or
omissions of any official of the Organization or any
member of an inspection team of the Technical
Secretariat taken under the color of the Convention,
proprietary information of the plaintiff has been
divulged or taken without authorization. If the United
States Court of Federal Claims finds that the plaintiff
has demonstrated such a prima facie case, the burden
shall shift to the United States to disprove the
plaintiff's claim. In deciding whether the plaintiff
has carried its burden, the United States Court of
Federal Claims shall consider, among other things--
(A) the value of proprietary information;
(B) the availability of the proprietary
information;
(C) the extent to which the proprietary
information is based on patents, trade secrets,
or other protected intellectual property;
(D) the significance of proprietary
information; and
(E) the emergence of technology elsewhere a
reasonable time after the inspection.
(b) Tort Liability.--The district courts of the United
States shall have exclusive jurisdiction of civil actions for
money damages for any tort under the Constitution or any
Federal or State law arising from the acts or omissions of any
officer or employee of the United States or the Organization,
including any member of an inspection team of the Technical
Secretariat, taken pursuant to or under color of the Convention
or this Act.
(c) Waiver of Sovereign Immunity of the United States.--In
any action under subsection (a) or (b), the United States may
not raise sovereign immunity as a defense.
(d) Authority for Cause of Action.--
(1) United states actions in united states district
court.--Notwithstanding any other law, the Attorney
General of the United States is authorized to bring an
action in the United States District Court for the
District of Columbia against any foreign nation for
money damages resulting from that nation's refusal to
provide indemnification to the United States for any
liability imposed on the United States by virtue of the
actions of an inspector of the Technical Secretariat
who is a national of that foreign nation acting at the
direction or the behest of that foreign nation.
(2) United states actions in courts outside the
united states.--The Attorney General is authorized to
seek any and all available redress in any international
tribunal for indemnification to the United States for
any liability imposed on the United States by virtue of
the actions of an inspector of the Technical
Secretariat, and to seek such redress in the courts of
the foreign nation from which the inspector is a
national.
(3) Actions brought by individuals and businesses.--
Notwithstanding any other law, any national of the
United States, or any business entity organized and
operating under the laws of the United States, may
bring a civil action in a United States District Court
for money damages against any foreign national or any
business entity organized and operating under the laws
of a foreign nation for an unauthorized or unlawful
acquisition, receipt, transmission, or use of property
by or on behalf of such foreign national or business
entity as a result of any tort under the Constitution
or any Federal or State law arising from acts or
omissions by any officer or employee of the United
States or any member of an inspection team of the
Technical Secretariat taken pursuant to or under the
color of the Convention or this Act.
(e) Recoupment.--
(1) Policy.--It is the policy of the United States to
recoup all funds withdrawn from the Treasury of the
United States in payment for any tort under Federal or
State law or taking under the Constitution arising from
the acts or omissions of any foreign person, officer,
or employee of the Organization, including any member
of an inspection team of the Technical Secretariat,
taken under color of the Chemical Weapons Convention or
this Act.
(2) Sanctions on foreign companies.--
(A) Imposition of sanctions.--The sanctions
provided in subparagraph (B) shall be imposed
for a period of not less than ten years upon--
(i) any foreign person, officer, or
employee of the Organization, including
any member of an inspection team of the
Technical Secretariat, for whose
actions or omissions the United States
has been held liable for a tort or
taking pursuant to this Act; and
(ii) any foreign person or business
entity organized and operating under
the laws of a foreign nation which
knowingly assisted, encouraged or
induced, in any way, a foreign person
described in clause (i) to publish,
divulge, disclose, or make known in any
manner or to any extent not authorized
by the Convention any United States
confidential business information.
(B) Sanctions.--
(i) Arms export transactions.--The
United States Government shall not sell
to a person described in subparagraph
(A) any item on the United States
Munitions List and shall terminate
sales of any defense articles, defense
services, or design and construction
services to a person described in
subparagraph (A) under the Arms Export
Control Act.
(ii) Sanctions under export
administration act of 1979.--The
authorities under section 6 of the
Export Administration Act of 1979 shall
be used to prohibit the export of any
goods or technology on the control list
established pursuant to section 5(c)(1)
of that Act to a person described in
subparagraph (A).
(iii) International financial
assistance.--The United States shall
oppose any loan or financial or
technical assistance by international
financial institutions in accordance
with section 701 of the International
Financial Institutions Act to a person
described in subparagraph (A).
(iv) Export-import bank
transactions.--The United States shall
not give approval to guarantee, insure,
or extend credit, or to participate in
the extension of credit to a person
described in subparagraph (A) through
the Export-Import Bank of the United
States.
(v) Private bank transactions.--
Regulations shall be issued to prohibit
any United States bank from making any
loan or providing any credit to a
person described in subparagraph (A).
(vi) Blocking of assets.--The
President shall take all steps
necessary to block any transactions in
any property subject to the
jurisdiction of the United States in
which a person described in
subparagraph (A) has any interest
whatsoever, for the purpose of
recouping funds in accordance with the
policy in paragraph (1).
(vii) Denial of landing rights.--
Landing rights in the United States
shall be denied to any private aircraft
or air carrier owned by a person
described in subparagraph (A) except as
necessary to provide for emergencies in
which the safety of the aircraft or its
crew or passengers is threatened.
(3) Sanctions on foreign governments.--
(A) Imposition of sanctions.--Whenever the
President determines that persuasive
information is available indicating that a
foreign country has knowingly assisted,
encouraged or induced, in any way, a person
described in paragraph (2)(A) to publish,
divulge, disclose, or make known in any manner
or to any extent not authorized by the
Convention any United States confidential
business information, the President shall,
within 30 days after the receipt of such
information by the executive branch of
Government, notify the Congress in writing of
such determination and, subject to the
requirements of paragraphs (4) and (5), impose
the sanctions provided under subparagraph (B)
for a period of not less than five years.
(B) Sanctions.--
(i) Arms export transactions.--The
United States Government shall not sell
a country described in subparagraph (A)
any item on the United States Munitions
List, shall terminate sales of any
defense articles, defense services, or
design and construction services to
that country under the Arms Export
Control Act, and shall terminate all
foreign military financing for that
country under the Arms Export Control
Act.
(ii) Denial of certain licenses.--
Licenses shall not be issued for the
export to the sanctioned country of any
item on the United States Munitions
List or commercial satellites.
(iii) Denial of assistance.--No
appropriated funds may be used for the
purpose of providing economic
assistance, providing military
assistance or grant military education
and training, or extending military
credits or making guarantees to a
country described in subparagraph (A).
(iv) Sanctions under export
administration act of 1979.--The
authorities of section 6 of the Export
Administration Act of 1979 shall be
used to prohibit the export of any
goods or technology on the control list
established pursuant to section 5(c)(1)
of that Act to a country described in
subparagraph (A).
(v) International financial
assistance.--The United States shall
oppose any loan or financial or
technical assistance by international
financial institutions in accordance
with section 701 of the International
Financial Institutions Act to a country
described in subparagraph (A).
(vi) Termination of assistance under
foreign assistance act of 1961.--The
United States shall terminate all
assistance to a country described in
subparagraph (A) under the Foreign
Assistance Act of 1961, except for
urgent humanitarian assistance.
(vii) Private bank transactions.--The
United States shall not give approval
to guarantee, insure, or extend credit,
or participate in the extension of
credit through the Export-Import Bank
of the United States to a country
described in subparagraph (A).
(viii) Private bank transactions.--
Regulations shall be issued to prohibit
any United States bank from making any
loan or providing any credit to a
country described in subparagraph (A).
(ix) Denial of landing rights.--
Landing rights in the United States
shall be denied to any air carrier
owned by a country described in
subparagraph (A), except as necessary
to provide for emergencies in which the
safety of the aircraft or its crew or
passengers is threatened.
(4) Suspension of sanctions upon recoupment by
payment.--Sanctions imposed under paragraph (2) or (3)
may be suspended if the sanctioned person, business
entity, or country, within the period specified in that
paragraph, provides full and complete compensation to
the United States Government, in convertible foreign
exchange or other mutually acceptable compensation
equivalent to the full value thereof, in satisfaction
of a tort or taking for which the United States has
been held liable pursuant to this Act.
(5) Waiver of sanctions on foreign countries.--The
President may waive some or all of the sanctions
provided under paragraph (3) in a particular case if he
determines and certifies in writing to the Speaker of
the House of Representatives and the Committee on
Foreign Relations of the Senate that such waiver is
necessary to protect the national security interests of
the United States. The certification shall set forth
the reasons supporting the determination and shall take
effect on the date on which the certification is
received by the Congress.
(6) Notification to congress.--Not later than five
days after sanctions become effective against a foreign
person pursuant to this Act, the President shall
transmit written notification of the imposition of
sanctions against that foreign person to the chairmen
and ranking members of the Committee on International
Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(f) Sanctions for Unauthorized Disclosure of United States
Confidential Business Information.--The Secretary of State
shall deny a visa to, and the Attorney General shall exclude
from the United States any alien who, after the date of
enactment of this Act--
(1) is, or previously served as, an officer or
employee of the Organization and who has willfully
published, divulged, disclosed, or made known in any
manner or to any extent not authorized by the
Convention any United States confidential business
information coming to him in the course of his
employment or official duties, or by reason of any
examination or investigation of any return, report, or
record made to or filed with the Organization, or any
officer or employee thereof, such practice or
disclosure having resulted in financial losses or
damages to a United States person and for which actions
or omissions the United States has been found liable of
a tort or taking pursuant to this Act;
(2) traffics in United States confidential business
information, a proven claim to which is owned by a
United States national;
(3) is a corporate officer, principal, shareholder
with a controlling interest of an entity which has been
involved in the unauthorized disclosure of United
States confidential business information, a proven
claim to which is owned by a United States national; or
(4) is a spouse, minor child, or agent of a person
excludable under paragraph (1), (2), or (3).
(g) United States Confidential Business Information
Defined.--In this section, the term ``United States
confidential business information'' means any trade secrets or
commercial or financial information that is privileged and
confidential--
(1) including--
(A) data described in section 304(e)(2) of
this Act,
(B) any chemical structure,
(C) any plant design process, technology, or
operating method,
(D) any operating requirement, input, or
result that identifies any type or quantity of
chemicals used, processed, or produced, or
(E) any commercial sale, shipment, or use of
a chemical, or
(2) as described in section 552(b)(4) of title 5,
United States Code,
and that is obtained--
(i) from a United States person; or
(ii) through the United States Government or the conduct of
an inspection on United States territory under the Convention.
TITLE II--PENALTIES FOR UNLAWFUL ACTIVITIES SUBJECT TO THE JURISDICTION
OF THE UNITED STATES
Subtitle A--Criminal and Civil Penalties
SEC. 201. CRIMINAL AND CIVIL PROVISIONS.
(a) In General.--Part I of title 18, United States Code, is
amended by inserting after chapter 11A the following new
chapter:
``CHAPTER 11B--CHEMICAL WEAPONS
``Sec.
``229. Prohibited activities.
``229A. Penalties.
``229B. Criminal forfeitures; destruction of weapons.
``229C. Individual self-defense devices.
``229D. Injunctions.
``229E. Requests for military assistance to enforce prohibition in
certain emergencies.
``229F. Definitions.
``Sec. 229. Prohibited activities
``(a) Unlawful Conduct.--Except as provided in subsection
(b), it shall be unlawful for any person knowingly--
``(1) to develop, produce, otherwise acquire,
transfer directly or indirectly, receive, stockpile,
retain, own, possess, or use, or threaten to use, any
chemical weapon; or
``(2) to assist or induce, in any way, any person to
violate paragraph (1), or to attempt or conspire to
violate paragraph (1).
``(b) Exempted Agencies and Persons.--
``(1) In general.--Subsection (a) does not apply to
the retention, ownership, possession, transfer, or
receipt of a chemical weapon by a department, agency,
or other entity of the United States, or by a person
described in paragraph (2), pending destruction of the
weapon.
``(2) Exempted persons.--A person referred to in
paragraph (1) is--
``(A) any person, including a member of the
Armed Forces of the United States, who is
authorized by law or by an appropriate officer
of the United States to retain, own, possess,
transfer, or receive the chemical weapon; or
``(B) in an emergency situation, any
otherwise nonculpable person if the person is
attempting to destroy or seize the weapon.
``(c) Jurisdiction.--Conduct prohibited by subsection (a)
is within the jurisdiction of the United States if the
prohibited conduct--
``(1) takes place in the United States;
``(2) takes place outside of the United States and is
committed by a national of the United States;
``(3) is committed against a national of the United
States while the national is outside the United States;
or
``(4) is committed against any property that is
owned, leased, or used by the United States or by any
department or agency of the United States, whether the
property is within or outside the United States.
``Sec. 229A. Penalties
``(a) Criminal Penalties.--
``(1) In general.--Any person who violates section
229 of this title shall be fined under this title, or
imprisoned for any term of years, or both.
``(2) Death penalty.--Any person who violates section
229 of this title and by whose action the death of
another person is the result shall be punished by death
or imprisoned for life.
``(b) Civil Penalties.--
``(1) In general.--The Attorney General may bring a
civil action in the appropriate United States district
court against any person who violates section 229 of
this title and, upon proof of such violation by a
preponderance of the evidence, such person shall be
subject to pay a civil penalty in an amount not to
exceed $100,000 for each such violation.
``(2) Relation to other proceedings.--The imposition
of a civil penalty under this subsection does not
preclude any other criminal or civil statutory, common
law, or administrative remedy, which is available by
law to the United States or any other person.
``(c) Reimbursement of Costs.--The court shall order any
person convicted of an offense under subsection (a) to
reimburse the United States for any expenses incurred by the
United States incident to the seizure, storage, handling,
transportation, and destruction or other disposition of any
property that was seized in connection with an investigation of
the commission of the offense by that person. A person ordered
to reimburse the United States for expenses under this
subsection shall be jointly and severally liable for such
expenses with each other person, if any, who is ordered under
this subsection to reimburse the United States for the same
expenses.
``Sec. 229B. Criminal forfeitures; destruction of weapons
``(a) Property Subject to Criminal Forfeiture.--Any person
convicted under section 229A(a) shall forfeit to the United
States irrespective of any provision of State law--
``(1) any property, real or personal, owned,
possessed, or used by a person involved in the offense;
``(2) any property constituting, or derived from, and
proceeds the person obtained, directly or indirectly,
as the result of such violation; and
``(3) any of the property used in any manner or part,
to commit, or to facilitate the commission of, such
violation.
The court, in imposing sentence on such person, shall order, in
addition to any other sentence imposed pursuant to section
229A(a), that the person forfeit to the United States all
property described in this subsection. In lieu of a fine
otherwise authorized by section 229A(a), a defendant who
derived profits or other proceeds from an offense may be fined
not more than twice the gross profits or other proceeds.
``(b) Procedures.--
``(1) General.--Property subject to forfeiture under
this section, any seizure and disposition thereof, and
any administrative or judicial proceeding in relation
thereto, shall be governed by subsections (b) through
(p) of section 413 of the Comprehensive Drug Abuse
Prevention and Control Act of 1970 (21 U.S.C. 853),
except that any reference under those subsections to--
``(A) `this subchapter or subchapter II'
shall be deemed to be a reference to section
229A(a); and
``(B) `subsection (a)' shall be deemed to be
a reference to subsection (a) of this section.
``(2) Temporary restraining orders.--
``(A) In general.--For the purposes of
forfeiture proceedings under this section, a
temporary restraining order may be entered upon
application of the United States without notice
or opportunity for a hearing when an
information or indictment has not yet been
filed with respect to the property, if, in
addition to the circumstances described in
section 413(e)(2) of the Comprehensive Drug
Abuse Prevention and Control Act of 1970 (21
U.S.C. 853(e)(2)), the United States
demonstrates that there is probable cause to
believe that the property with respect to which
the order is sought would, in the event of
conviction, be subject to forfeiture under this
section and exigent circumstances exist that
place the life or health of any person in
danger.
``(B) Warrant of seizure.--If the court
enters a temporary restraining order under this
paragraph, it shall also issue a warrant
authorizing the seizure of such property.
``(C) Applicable procedures.--The procedures
and time limits applicable to temporary
restraining orders under section 413(e) (2) and
(3) of the Comprehensive Drug Abuse Prevention
and Control Act of 1970 (21 U.S.C. 853(e) (2)
and (3)) shall apply to temporary restraining
orders under this paragraph.
``(c) Affirmative Defense.--It is an affirmative defense
against a forfeiture under subsection (b) that the property--
``(1) is for a purpose not prohibited under the
Chemical Weapons Convention; and
``(2) is of a type and quantity that under the
circumstances is consistent with that purpose.
``(d) Destruction or Other Disposition.--The Attorney
General shall provide for the destruction or other appropriate
disposition of any chemical weapon seized and forfeited
pursuant to this section.
``(e) Assistance.--The Attorney General may request the
head of any agency of the United States to assist in the
handling, storage, transportation, or destruction of property
seized under this section.
``(f) Owner Liability.--The owner or possessor of any
property seized under this section shall be liable to the
United States for any expenses incurred incident to the
seizure, including any expenses relating to the handling,
storage, transportation, and destruction or other disposition
of the seized property.
``Sec. 229C. Individual self-defense devices
``Nothing in this chapter shall be construed to prohibit
any individual self-defense device, including those using a
pepper spray or chemical mace.
``Sec. 229D. Injunctions
``The United States may obtain in a civil action an
injunction against--
``(1) the conduct prohibited under section 229 or
229C of this title; or
``(2) the preparation or solicitation to engage in
conduct prohibited under section 229 or 229D of this
title.
``Sec. 229E. Requests for military assistance to enforce prohibition in
certain emergencies
``The Attorney General may request the Secretary of Defense
to provide assistance under section 382 of title 10 in support
of Department of Justice activities relating to the enforcement
of section 229 of this title in an emergency situation
involving a chemical weapon. The authority to make such a
request may be exercised by another official of the Department
of Justice in accordance with section 382(f)(2) of title 10.
``Sec. 229F. Definitions
``In this chapter:
``(1) Chemical weapon.--The term `chemical weapon'
means the following, together or separately:
``(A) A toxic chemical and its precursors,
except where intended for a purpose not
prohibited under this chapter as long as the
type and quantity is consistent with such a
purpose.
``(B) A munition or device, specifically
designed to cause death or other harm through
toxic properties of those toxic chemicals
specified in subparagraph (A), which would be
released as a result of the employment of such
munition or device.
``(C) Any equipment specifically designed for
use directly in connection with the employment
of munitions or devices specified in
subparagraph (B).
``(2) Chemical weapons convention; convention.--The
terms `Chemical Weapons Convention' and `Convention'
mean the Convention on the Prohibition of the
Development, Production, Stockpiling and Use of
Chemical Weapons and on Their Destruction, opened for
signature on January 13, 1993.
``(3) Key component of a binary or multicomponent
chemical system.--The term `key component of a binary
or multicomponent chemical system' means the precursor
which plays the most important role in determining the
toxic properties of the final product and reacts
rapidly with other chemicals in the binary or
multicomponent system.
``(4) National of the united states.--The term
`national of the United States' has the same meaning
given such term in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).
``(5) Person.--The term `person', except as otherwise
provided, means any individual, corporation,
partnership, firm, association, trust, estate, public
or private institution, any State or any political
subdivision thereof, or any political entity within a
State, any foreign government or nation or any agency,
instrumentality or political subdivision of any such
government or nation, or other entity located in the
United States.
``(6) Precursor.--
``(A) In general.--The term `precursor' means
any chemical reactant which takes part at any
stage in the production by whatever method of a
toxic chemical. The term includes any key
component of a binary or multicomponent
chemical system.
``(B) List of precursors.--Precursors which
have been identified for the application of
verification measures under Article VI of the
Convention are listed in schedules contained in
the Annex on Chemicals of the Chemical Weapons
Convention.
``(7) Purposes not prohibited by this chapter.--The
term `purposes not prohibited by this chapter' means
the following:
``(A) Peaceful purposes.--Any peaceful
purpose related to an industrial, agricultural,
research, medical, or pharmaceutical activity
or other activity.
``(B) Protective purposes.--Any purpose
directly related to protection against toxic
chemicals and to protection against chemical
weapons.
``(C) Unrelated military purposes.--Any
military purpose of the United States that is
not connected with the use of a chemical weapon
or that is not dependent on the use of the
toxic or poisonous properties of the chemical
weapon to cause death or other harm.
``(D) Law enforcement purposes.--Any law
enforcement purpose, including any domestic
riot control purpose and including imposition
of capital punishment.
``(8) Toxic chemical.--
``(A) In general.--The term `toxic chemical'
means any chemical which through its chemical
action on life processes can cause death,
temporary incapacitation or permanent harm to
humans or animals. The term includes all such
chemicals, regardless of their origin or of
their method of production, and regardless of
whether they are produced in facilities, in
munitions or elsewhere.
``(B) List of toxic chemicals.--Toxic
chemicals which have been identified for the
application of verification measures under
Article VI of the Convention are listed in
schedules contained in the Annex on Chemicals
of the Chemical Weapons Convention.
``(9) United states.--The term `United States' means
the several States of the United States, the District
of Columbia, and the commonwealths, territories, and
possessions of the United States and includes all
places under the jurisdiction or control of the United
States, including--
``(A) any of the places within the provisions
of paragraph (41) of section 40102 of title 49,
United States Code;
``(B) any civil aircraft of the United States
or public aircraft, as such terms are defined
in paragraphs (17) and (37), respectively, of
section 40102 of title 49, United States Code;
and
``(C) any vessel of the United States, as
such term is defined in section 3(b) of the
Maritime Drug Enforcement Act, as amended (46
U.S.C., App. sec. 1903(b)).''.
(b) Conforming Amendments.--
(1) Weapons of mass destruction.--Section 2332a of
title 18, United States Code, is amended-- * * *
(2) Table of chapters.--The table of chapters for
part I of title 18, United States Code, is amended by
inserting after the item for chapter 11A the following
new item: * * *
(c) Repeals.--The following provisions of law are repealed:
(1) Section 2332c of title 18, United States Code,
relating to chemical weapons.
(2) In the table of sections for chapter 113B of
title 18, United States Code, the item relating to
section 2332c.
Subtitle B--Revocations of Export Privileges
SEC. 211.\7\ REVOCATIONS OF EXPORT PRIVILEGES.
If the President determines, after notice and an
opportunity for a hearing in accordance with section 554 of
title 5, United States Code, that any person within the United
States, or any national of the United States located outside
the United States, has committed any violation of section 229
of title 18, United States Code, the President may issue an
order for the suspension or revocation of the authority of the
person to export from the United States any goods or technology
(as such terms are defined in section 16 of the Export
Administration Act of 1979 (50 U.S.C. App. 2415)).
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\7\ 18 U.S.C. 229 note.
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TITLE III--INSPECTIONS
SEC. 301.\8\ DEFINITIONS IN THE TITLE.
(a) In General.--In this title, the terms ``challenge
inspection'', ``plant site'', ``plant'', ``facility
agreement'', ``inspection team'', and ``requesting state
party'' have the meanings given those terms in Part I of the
Annex on Implementation and Verification of the Chemical
Weapons Convention. The term ``routine inspection'' means an
inspection, other than an ``initial inspection'', undertaken
pursuant to Article VI of the Convention.
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\8\ 22 U.S.C. 6721.
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(b) Definition of Judge of the United States.--In this
title, the term ``judge of the United States'' means a judge or
magistrate judge of a district court of the United States.
SEC. 302.\9\ FACILITY AGREEMENTS.
(a) Authorization of Inspections.--Inspections by the
Technical Secretariat of plants, plant sites, or other
facilities or locations for which the United States has a
facility agreement with the Organization shall be conducted in
accordance with the facility agreement. Any such facility
agreement may not in any way limit the right of the owner or
operator of the facility to withhold consent to an inspection
request.
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\9\ 22 U.S.C. 6722.
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(b) Types of Facility Agreements.--
(1) Schedule two facilities.--The United States
National Authority shall ensure that facility
agreements for plants, plant sites, or other facilities
or locations that are subject to inspection pursuant to
paragraph 4 of Article VI of the Convention are
concluded unless the owner, operator, occupant, or
agent in charge of the facility and the Technical
Secretariat agree that such an agreement is not
necessary.
(2) Schedule three facilities.--The United States
National Authority shall ensure that facility
agreements are concluded for plants, plant sites, or
other facilities or locations that are subject to
inspection pursuant to paragraph 5 or 6 of Article VI
of the Convention if so requested by the owner,
operator, occupant, or agent in charge of the facility.
(c) Notification Requirements.--The United States National
Authority shall ensure that the owner, operator, occupant, or
agent in charge of a facility prior to the development of the
agreement relating to that facility is notified and, if the
person notified so requests, the person may participate in the
preparations for the negotiation of such an agreement. To the
maximum extent practicable consistent with the Convention, the
owner and the operator, occupant or agent in charge of a
facility may observe negotiations of the agreement between the
United States and the Organization concerning that facility.
(d) Content of Facility Agreements.--Facility agreements
shall--
(1) identify the areas, equipment, computers,
records, data, and samples subject to inspection;
(2) describe the procedures for providing notice of
an inspection to the owner, occupant, operator, or
agent in charge of a facility;
(3) describe the timeframes for inspections; and
(4) detail the areas, equipment, computers, records,
data, and samples that are not subject to inspection.
SEC. 303.\10\ AUTHORITY TO CONDUCT INSPECTIONS.
(a) Prohibition.--No inspection of a plant, plant site, or
other facility or location in the United States shall take
place under the Convention without the authorization of the
United States National Authority in accordance with the
requirements of this title.
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\10\ 22 U.S.C. 6723.
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(b) Authority.--
(1) Technical secretariat inspection teams.--Any duly
designated member of an inspection team of the
Technical Secretariat may inspect any plant, plant
site, or other facility or location in the United
States subject to inspection pursuant to the
Convention.
(2) United states government representatives.--The
United States National Authority shall coordinate the
designation of employees of the Federal Government
(and, in the case of an inspection of a United States
Government facility, the designation of contractor
personnel who shall be led by an employee of the
Federal Government) \11\ to accompany members of an
inspection team of the Technical Secretariat and, in
doing so, shall ensure that--
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\11\ Sec. 1204(a) of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1247) inserted ``(and,
in the case of an inspection of a United States Government facility,
the designation of contractor personnel who shall be led by an employee
of the Federal Government)''.
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(A) \12\ a special agent of the Federal
Bureau of Investigation, as designated by the
Federal Bureau of Investigation, accompanies
each inspection team visit pursuant to
paragraph (1);
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\12\ Sec. 1117 of the Arms Control and Nonproliferation Act of 1999
(title XI of division B of H.R. 3427; 113 Stat. 1501A-489; as enacted
by sec. 1000(7) of Public Law 106-113) provided the following:
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``sec. 1117. protection of united states companies.
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``(a) Reimbursement.--During the 2-year period beginning on the
date of the enactment of this Act, the United States National Authority
(as designated pursuant to section 101 of the Chemical Weapons
Convention Implementation Act of 1998 (as contained in division I of
Public Law 105-277)) shall, upon request of the Director of the Federal
Bureau of Investigation, reimburse the Federal Bureau of Investigation
for all costs incurred by the Bureau for such period in connection with
implementation of section 303(b)(2)(A) of that Act, except that such
reimbursement may not exceed $2,000,000 for such 2-year period.
``(b) Report.--Not later than 180 days prior to the expiration of
the 2-year period described in subsection (a), the Director of the
Federal Bureau of Investigation shall prepare and submit to the
Committee on International Relations of the House of Representatives
and the Committee on Foreign Relations of the Senate a report on how
activities under section 303(b)(2)(A) of the Chemical Weapons
Convention Implementation Act of 1998 will be fully funded and
implemented by the Federal Bureau of Investigation notwithstanding the
expiration of the 2-year period described in subsection (a).''.
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(B) no employee of the Environmental
Protection Agency or the Occupational Safety
and Health Administration accompanies any
inspection team visit conducted pursuant to
paragraph (1); and
(C) the number of duly designated
representatives shall be kept to the minimum
necessary.
(3) Objections to individuals serving as
inspectors.--
(A) In general.--In deciding whether to
exercise the right of the United States under
the Convention to object to an individual
serving as an inspector, the President shall
give great weight to his reasonable belief
that--
(i) such individual is or has been a
member of, or a participant in, any
group or organization that has engaged
in, or attempted or conspired to engage
in, or aided or abetted in the
commission of, any terrorist act or
activity;
(ii) such individual has committed
any act or activity which would be a
felony under the laws of the United
States; or
(iii) the participation of such
individual as a member of an inspection
team would pose a risk to the national
security or economic well-being of the
United States.
(B) Not subject to judicial review.--Any
objection by the President to an individual
serving as an inspector, whether made pursuant
to this section or otherwise, shall not be
reviewable in any court.
(c) \13\ Exception.--The requirement under subsection
(b)(2)(A) shall not apply to inspections of United States
chemical weapons destruction facilities (as used within the
meaning of part IV(C)(13) of the Verification Annex to the
Convention).
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\13\ Sec. 305 of the Security Assistance Act of 2000 (Public Law
106-280; 114 Stat. 854) added subsec. (c).
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SEC. 304.\14\ PROCEDURES FOR INSPECTIONS.
(a) Types of Inspections.--Each inspection of a plant,
plant site, or other facility or location in the United States
under the Convention shall be conducted in accordance with this
section and section 305, except where other procedures are
provided in a facility agreement entered into under section
302.
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\14\ 22 U.S.C. 6724.
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(b) Notice.--
(1) In general.--An inspection referred to in
subsection (a) may be made only upon issuance of an
actual written notice by the United States National
Authority to the owner and to the operator, occupant,
or agent in charge of the premises to be inspected.
(2) Time of Notification \15\.--The notice for a
routine inspection shall be submitted to the owner and
to the operator, occupant, or agent in charge within
six hours of receiving the notification of the
inspection from the Technical Secretariat or as soon as
possible thereafter. Notice for a challenge inspection
shall be provided at any appropriate time determined by
the United States National Authority. Notices may be
posted prominently at the plant, plant site, or other
facility or location if the United States is unable to
provide actual written notice to the owner, operator,
or agent in charge of the premises.
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\15\ As enrolled.
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(3) Content of notice.--
(A) In general.--The notice under paragraph
(1) shall include all appropriate information
supplied by the Technical Secretariat to the
United States National Authority concerning--
(i) the type of inspection;
(ii) the basis for the selection of
the plant, plant site, or other
facility or location for the type of
inspection sought;
(iii) the time and date that the
inspection will begin and the period
covered by the inspection; and
(iv) the names and titles of the
inspectors.
(B) Special rule for challenge inspections.--
In the case of a challenge inspection pursuant
to Article IX of the Convention, the notice
shall also include all appropriate evidence or
reasons provided by the requesting state party
to the Convention for seeking the inspection.
(4) Separate notices required.--A separate notice
shall be provided for each inspection, except that a
notice shall not be required for each entry made during
the period covered by the inspection.
(c) Credentials.--The head of the inspection team of the
Technical Secretariat and the accompanying employees of the
Federal Government (and, in the case of an inspection of a
United States Government facility, any accompanying contractor
personnel) \16\ shall display appropriate identifying
credentials to the owner, operator, occupant, or agent in
charge of the premises before the inspection is commenced.
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\16\ Sec. 1204(b) of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1247) struck out
``Federal government'' and inserted in lieu thereof ``Federal
Government (and, in the case of an inspection of a United States
Government facility, any accompanying contractor personnel)''.
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(d) Timeframe for Inspections.--Consistent with the
provisions of the Convention, each inspection shall be
commenced and completed with reasonable promptness and shall be
conducted at reasonable times, within reasonable limits, and in
a reasonable manner.
(e) Scope.--
(1) In general.--Except as provided in a warrant
issued under section 305 or a facility agreement
entered into under section 302, an inspection conducted
under this title may extend to all things within the
premises inspected (including records, files, papers,
processes, controls, structures and vehicles) related
to whether the requirements of the Convention
applicable to such premises have been complied with.
(2) Exception.--Unless required by the Convention, no
inspection under this title shall extend to--
(A) financial data;
(B) sales and marketing data (other than
shipment data);
(C) pricing data;
(D) personnel data;
(E) research data;
(F) patent data;
(G) data maintained for compliance with
environmental or occupational health and safety
regulations; or
(H) personnel and vehicles entering and
personnel and personal passenger vehicles
exiting the facility.
(f) Sampling and Safety.--
(1) In general.--The Director of the United States
National Authority is authorized to require the
provision of samples to a member of the inspection team
of the Technical Secretariat in accordance with the
provisions of the Convention. The owner or the
operator, occupant or agent in charge of the premises
to be inspected shall determine whether the sample
shall be taken by representatives of the premises or
the inspection team or other individuals present. No
sample collected in the United States pursuant to an
inspection permitted by this Act may be transferred for
analysis to any laboratory outside the territory of the
United States.
(2) Compliance with regulations.--In carrying out
their activities, members of the inspection team of the
Technical Secretariat and representatives of agencies
or departments accompanying the inspection team shall
observe safety regulations established at the premises
to be inspected, including those for protection of
controlled environments within a facility and for
personal safety.
(g) Coordination.--The appropriate representatives of the
United States, as designated, if present, shall assist the
owner and the operator, occupant or agent in charge of the
premises to be inspected in interacting with the members of the
inspection team of the Technical Secretariat.
SEC. 305.\17\ WARRANTS.
(a) In General.--The United States Government shall seek
the consent of the owner or the operator, occupant, or agent in
charge of the premises to be inspected prior to any inspection
referred to in section 304(a). If consent is obtained, a
warrant is not required for the inspection. The owner or the
operator, occupant, or agent in charge of the premises to be
inspected may withhold consent for any reason or no reason.
After providing notification pursuant to subsection (b), the
United States Government may seek a search warrant from a
United States magistrate judge. Proceedings regarding the
issuance of a search warrant shall be conducted ex parte,
unless otherwise requested by the United States Government.
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\17\ 22 U.S.C. 6725.
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(b) Routine Inspections.--
(1) Obtaining administrative search warrants.--For
any routine inspection conducted on the territory of
the United States pursuant to Article VI of the
Convention, where consent has been withheld, the United
States Government shall first obtain an administrative
search warrant from a judge of the United States. The
United States Government shall provide to the judge of
the United States all appropriate information supplied
by the Technical Secretariat to the United States
National Authority regarding the basis for the
selection of the plant site, plant, or other facility
or location for the type of inspection sought. The
United States Government shall also provide any other
appropriate information available to it relating to the
reasonableness of the selection of the plant, plant
site, or other facility or location for the inspection.
(2) Content of affidavits for administrative search
warrants.--The judge of the United States shall
promptly issue a warrant authorizing the requested
inspection upon an affidavit submitted by the United
States Government showing that--
(A) the Chemical Weapons Convention is in
force for the United States;
(B) the plant site, plant, or other facility
or location sought to be inspected is required
to report data under title IV of this Act and
is subject to routine inspection under the
Convention;
(C) the purpose of the inspection is--
(i) in the case of any facility owned
or operated by a non-Government entity
related to Schedule 1 chemical agents,
to verify that the facility is not used
to produce any Schedule 1 chemical
agent except for declared chemicals;
quantities of Schedule 1 chemicals
produced, processed, or consumed are
correctly declared and consistent with
needs for the declared purpose; and
Schedule 1 chemicals are not diverted
or used for other purposes;
(ii) in the case of any facility
related to Schedule 2 chemical agents,
to verify that activities are in
accordance with obligations under the
Convention and consistent with the
information provided in data
declarations; and
(iii) in the case of any facility
related to Schedule 3 chemical agents
and any other chemical production
facility, to verify that the activities
of the facility are consistent with the
information provided in data
declarations;
(D) the items, documents, and areas to be
searched and seized;
(E) in the case of a facility related to
Schedule 2 or Schedule 3 chemical agents or
unscheduled discrete organic chemicals, the
plant site has not been subject to more than 1
routine inspection in the current calendar
year, and, in the case of facilities related to
Schedule 3 chemical agents or unscheduled
discrete organic chemicals, the inspection will
not cause the number of routine inspections in
the United States to exceed 20 in a calendar
year;
(F) the selection of the site was made in
accordance with procedures established under
the Convention and, in particular--
(i) in the case of any facility owned
or operated by a non-Government entity
related to Schedule 1 chemical agents,
the intensity, duration, timing, and
mode of the requested inspection is
based on the risk to the object and
purpose of the Convention by the
quantities of chemical produced, the
characteristics of the facility and the
nature of activities carried out at the
facility, and the requested inspection,
when considered with previous such
inspections of the facility undertaken
in the current calendar year, shall not
exceed the number reasonably required
based on the risk to the object and
purpose of the Convention as described
above;
(ii) in the case of any facility
related to Schedule 2 chemical agents,
the Technical Secretariat gave due
consideration to the risk to the object
and purpose of the Convention posed by
the relevant chemical, the
characteristics of the plant site and
the nature of activities carried out
there, taking into account the
respective facility agreement as well
as the results of the initial
inspections and subsequent inspections;
and
(iii) in the case of any facility
related to Schedule 3 chemical agents
or unscheduled discrete organic
chemicals, the facility was selected
randomly by the Technical Secretariat
using appropriate mechanisms, such as
specifically designed computer
software, on the basis of two weighting
factors: (I) equitable geographical
distribution of inspections; and (II)
the information on the declared sites
available to the Technical Secretariat,
related to the relevant chemical, the
characteristics of the plant site, and
the nature of activities carried out
there;
(G) the earliest commencement and latest
closing dates and times of the inspection; and
(H) the duration of inspection will not
exceed time limits specified in the Convention
unless agreed by the owner, operator, or agent
in charge of the plant.
(3) Content of warrants.--A warrant issued under
paragraph (2) shall specify the same matters required
of an affidavit under that paragraph. In addition to
the requirements for a warrant issued under this
paragraph, each warrant shall contain, if known, the
identities of the representatives of the Technical
Secretariat conducting the inspection and the observers
of the inspection and, if applicable, the identities of
the representatives of agencies or departments of the
United States accompanying those representatives.
(4) Challenge inspections.--
(A) Criminal search warrant.--For any
challenge inspection conducted on the territory
of the United States pursuant to Article IX of
the Chemical Weapons Convention, where consent
has been withheld, the United States Government
shall first obtain from a judge of the United
States a criminal search warrant based upon
probable cause, supported by oath or
affirmation, and describing with particularity
the place to be searched and the person or
things to be seized.
(B) Information provided.--The United States
Government shall provide to the judge of the
United States--
(i) all appropriate information
supplied by the Technical Secretariat
to the United States National Authority
regarding the basis for the selection
of the plant site, plant, or other
facility or location for the type of
inspection sought;
(ii) any other appropriate
information relating to the
reasonableness of the selection of the
plant, plant site, or other facility or
location for the inspection;
(iii) information concerning--
(I) the duration and scope of
the inspection;
(II) areas to be inspected;
(III) records and data to be
reviewed; and
(IV) samples to be taken;
(iv) appropriate evidence or reasons
provided by the requesting state party
for the inspection;
(v) any other evidence showing
probable cause to believe that a
violation of this Act has occurred or
is occurring; and
(vi) the identities of the
representatives of the Technical
Secretariat on the inspection team and
the Federal Government employees
accompanying the inspection team.
(C) Content of warrant.--The warrant shall
specify--
(i) the type of inspection
authorized;
(ii) the purpose of the inspection;
(iii) the type of plant site, plant,
or other facility or location to be
inspected;
(iv) the areas of the plant site,
plant, or other facility or location to
be inspected;
(v) the items, documents, data,
equipment, and computers that may be
inspected or seized;
(vi) samples that may be taken;
(vii) the earliest commencement and
latest concluding dates and times of
the inspection; and
(viii) the identities of the
representatives of the Technical
Secretariat on the inspection teams and
the Federal Government employees
accompanying the inspection team.
SEC. 306.\18\ PROHIBITED ACTS RELATING TO INSPECTIONS.
It shall be unlawful for any person willfully to fail or
refuse to permit entry or inspection, or to disrupt, delay, or
otherwise impede an inspection, authorized by this Act.
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\18\ 22 U.S.C. 6726.
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SEC. 307.\19\ NATIONAL SECURITY EXCEPTION.
Consistent with the objective of eliminating chemical
weapons, the President may deny a request to inspect any
facility in the United States in cases where the President
determines that the inspection may pose a threat to the
national security interests of the United States.
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\19\ 22 U.S.C. 6727.
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SEC. 308. PROTECTION OF CONSTITUTIONAL RIGHTS OF CONTRACTORS.
(a) The Office of Federal Procurement Policy Act (41 U.S.C.
403 et seq.) is amended by adding at the end the following: * *
*
(b) The table of contents in section 1(b) of such Act is
amended by adding at the end the following: * * *
SEC. 309.\20\ ANNUAL REPORT ON INSPECTIONS.
(a) In General.--Not later than one year after the date of
enactment of this Act, and annually thereafter, the President
\21\ shall submit a report in classified and unclassified form
to the appropriate congressional committees on inspections made
under the Convention during the preceding year.
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\20\ 22 U.S.C. 6728.
\21\ In sec. 1(a)(16) of Executive Order 13313 of July 31, 2003 (68
F.R. 46073; August 5, 2003), the President assigned the reporting
duties in subsec. (a) to the Secretary of State.
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(b) Content of Reports.--Each report shall contain the
following information for the reporting period:
(1) The name of each company or entity subject to the
jurisdiction of the United States reporting data
pursuant to title IV of this Act.
(2) The number of inspections under the Convention
conducted on the territory of the United States.
(3) The number and identity of inspectors conducting
any inspection described in paragraph (2) and the
number of inspectors barred from inspection by the
United States.
(4) The cost to the United States for each inspection
described in paragraph (2).
(5) The total costs borne by United States business
firms in the course of inspections described in
paragraph (2).
(6) A description of the circumstances surrounding
inspections described in paragraph (2), including
instances of possible industrial espionage and
misconduct of inspectors.
(7) The identity of parties claiming loss of trade
secrets, the circumstances surrounding those losses,
and the efforts taken by the United States Government
to redress those losses.
(8) A description of instances where inspections
under the Convention outside the United States have
been disrupted or delayed.
(c) Definition.--The term ``appropriate congressional
committees'' means the Committee on the Judiciary, the
Committee on Foreign Relations, and the Select Committee on
Intelligence of the Senate and the Committee on the Judiciary,
the Committee on International Relations, and the Permanent
Select Committee on Intelligence of the House of
Representatives.
SEC. 310.\22\ UNITED STATES ASSISTANCE IN INSPECTIONS AT PRIVATE
FACILITIES.
(a) Assistance in Preparation for Inspections.--At the
request of an owner of a facility not owned or operated by the
United States Government, or contracted for use by or for the
United States Government, the Secretary of Defense may assist
the facility to prepare the facility for possible inspections
pursuant to the Convention.
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\22\ 22 U.S.C. 6729.
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(b) Reimbursement Requirement.--
(1) In general.--Except as provided in paragraph (2),
the owner of a facility provided assistance under
subsection (a) shall reimburse the Secretary for the
costs incurred by the Secretary in providing the
assistance.
(2) Exception.--In the case of assistance provided
under subsection (a) to a facility owned by a person
described in subsection (c), the United States National
Authority shall reimburse the Secretary for the costs
incurred by the Secretary in providing the assistance.
(c) Owners Covered by United States National Authority
Reimbursements.--Subsection (b)(2) applies in the case of
assistance provided to the following:
(1) Small business concerns.--A small business
concern as defined in section 3 of the Small Business
Act.
(2) Domestic producers of schedule 3 or unscheduled
discrete organic chemicals.--Any person located in the
United States that--
(A) does not possess, produce, process,
consume, import, or export any Schedule 1 or
Schedule 2 chemical; and
(B) in the calendar year preceding the year
in which the assistance is to be provided,
produced--
(i) more than 30 metric tons of
Schedule 3 or unscheduled discrete
organic chemicals that contain
phosphorous, sulfur, or fluorine; or
(ii) more than 200 metric tons of
unscheduled discrete organic chemicals.
TITLE IV--REPORTS \23\
SEC. 401.\24\ REPORTS REQUIRED BY THE UNITED STATES NATIONAL AUTHORITY.
(a) Regulations on Recordkeeping.--
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\23\ Condition 10(C) of the Senate resolution of advice and consent
to ratification of the Chemical Weapons Convention (Treaty No. 103-21;
April 24, 1997) requires the President to submit annual reports on
parties' compliance under the treaty. Sec. 2(a)(3) of Executive Order
13313 dated July 31, 2003 (68 F.R. 46076; August 5, 2003) assigned this
requirement to the Secretary of State.
\24\ 22 U.S.C. 6741.
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(1) Requirements.--The United States National
Authority shall ensure that regulations are prescribed
that require each person located in the United States
who produces, processes, consumes, exports, or imports,
or proposes to produce, process, consume, export, or
import, a chemical substance that is subject to the
Convention to--
(A) maintain and permit access to records
related to that production, processing,
consumption, export, or import of such
substance; and
(B) submit to the Director of the United
States National Authority such reports as the
United States National Authority may reasonably
require to provide to the Organization,
pursuant to subparagraph 1(a) of the Annex on
Confidentiality of the Convention, the minimum
amount of information and data necessary for
the timely and efficient conduct by the
Organization of its responsibilities under the
Convention.
(2) Rulemaking.--The Director of the United States
National Authority shall ensure that regulations
pursuant to this section are prescribed expeditiously.
(b) Coordination.--
(1) Avoidance of duplication.--To the extent
feasible, the United States Government shall not
require the submission of any report that is
unnecessary or duplicative of any report required by or
under any other law. The head of each Federal agency
shall coordinate the actions of that agency with the
heads of the other Federal agencies in order to avoid
the imposition of duplicative reporting requirements
under this Act or any other law.
(2) Definition.--As used in paragraph (1), the term
``Federal agency'' has the meaning given the term
``agency'' in section 551(1) of title 5, United States
Code.
SEC. 402.\25\ PROHIBITION RELATING TO LOW CONCENTRATIONS OF SCHEDULE 2
AND 3 CHEMICALS.
(a) Prohibition.--Notwithstanding any other provision of
this Act, no person located in the United States shall be
required to report on, or to submit to, any routine inspection
conducted for the purpose of verifying the production,
possession, consumption, exportation, importation, or proposed
production, possession, consumption, exportation, or
importation of any substance that contains less than--
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\25\ 22 U.S.C. 6742.
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(1) 10 percent concentration of a Schedule 2
chemical; or
(2) 80 percent concentration of a Schedule 3
chemical.
(b) Standard for Measurement of Concentration.--The percent
concentration of a chemical in a substance shall be measured on
the basis of volume or total weight, which measurement yields
the lesser percent.
SEC. 403.\26\ PROHIBITION RELATING TO UNSCHEDULED DISCRETE ORGANIC
CHEMICALS AND COINCIDENTAL BYPRODUCTS IN WASTE
STREAMS.
(a) Prohibition.--Notwithstanding any other provision of
this Act, no person located in the United States shall be
required to report on, or to submit to, any routine inspection
conducted for the purpose of verifying the production,
possession, consumption, exportation, importation, or proposed
production, possession, consumption, exportation, or
importation of any substance that is--
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\26\ 22 U.S.C. 6743.
---------------------------------------------------------------------------
(1) an unscheduled discrete organic chemical; and
(2) a coincidental byproduct of a manufacturing or
production process that is not isolated or captured for
use or sale during the process and is routed to, or
escapes, from the waste stream of a stack, incinerator,
or wastewater treatment system or any other waste
stream.
SEC. 404.\27\ CONFIDENTIALITY OF INFORMATION.
(a) Freedom of Information Act Exemption for Certain
Convention Information.--Except as provided in subsection (b)
or (c), any confidential business information, as defined in
section 103(g), reported to, or otherwise acquired by, the
United States Government under this Act or under the Convention
shall not be disclosed under section 552(a) of title 5, United
States Code.
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\27\ 22 U.S.C. 6744.
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(b) Exceptions.--
(1) Information for the technical secretariat.--
Information shall be disclosed or otherwise provided to
the Technical Secretariat or other states parties to
the Chemical Weapons Convention in accordance with the
Convention, in particular, the provisions of the Annex
on the Protection of Confidential Information.
(2) Information for congress.--Information shall be
made available to any committee or subcommittee of
Congress with appropriate jurisdiction upon the written
request of the chairman or ranking minority member of
such committee or subcommittee, except that no such
committee or subcommittee, and no member and no staff
member of such committee or subcommittee, shall
disclose such information or material except as
otherwise required or authorized by law.
(3) Information for enforcement actions.--Information
shall be disclosed to other Federal agencies for
enforcement of this Act or any other law, and shall be
disclosed or otherwise provided when relevant in any
proceeding under this Act or any other law, except that
disclosure or provision in such a proceeding shall be
made in such manner as to preserve confidentiality to
the extent practicable without impairing the
proceeding.
(c) Information Disclosed in the National Interest.--
(1) Authority.--The United States Government shall
disclose any information reported to, or otherwise
required by the United States Government under this Act
or the Convention, including categories of such
information, that it determines is in the national
interest to disclose and may specify the form in which
such information is to be disclosed.
(2) Notice of disclosure.--
(A) Requirement.--If any Department or agency
of the United States Government proposes
pursuant to paragraph (1) to publish or
disclose or otherwise provide information
exempt from disclosure under subsection (a),
the United States National Authority shall,
unless contrary to national security or law
enforcement needs, provide notice of intent to
disclose the information--
(i) to the person that submitted such
information; and
(ii) in the case of information about
a person received from another source,
to the person to whom that information
pertains.
The information may not be disclosed until the
expiration of 30 days after notice under this
paragraph has been provided.
(B) Proceedings on objections.--In the event
that the person to which the information
pertains objects to the disclosure, the agency
shall promptly review the grounds for each
objection of the person and shall afford the
objecting person a hearing for the purpose of
presenting the objections to the disclosure.
Not later than 10 days before the scheduled or
rescheduled date for the disclosure, the United
States National Authority shall notify such
person regarding whether such disclosure will
occur notwithstanding the objections.
(d) Criminal Penalty for Wrongful Disclosure.--Any officer
or employee of the United States, and any former officer or
employee of the United States, who by reason of such employment
or official position has obtained possession of, or has access
to, information the disclosure or other provision of which is
prohibited by subsection (a), and who, knowing that disclosure
or provision of such information is prohibited by such
subsection, willfully discloses or otherwise provides the
information in any manner to any person (including any person
located outside the territory of the United States) not
authorized to receive it, shall be fined under title 18, United
States Code, or imprisoned for not more than five years, or
both.
(e) Criminal Forfeiture.--The property of any person who
violates subsection (d) shall be subject to forfeiture to the
United States in the same manner and to the same extent as is
provided in section 229C of title 18, United States Code, as
added by this Act.
(f) International Inspectors.--The provisions of this
section shall also apply to employees of the Technical
Secretariat.
SEC. 405.\28\ RECORDKEEPING VIOLATIONS.
It shall be unlawful for any person willfully to fail or
refuse--
---------------------------------------------------------------------------
\28\ 22 U.S.C. 6745.
---------------------------------------------------------------------------
(1) to establish or maintain any record required by
this Act or any regulation prescribed under this Act;
(2) to submit any report, notice, or other
information to the United States Government in
accordance with this Act or any regulation prescribed
under this Act; or
(3) to permit access to or copying of any record that
is exempt from disclosure under this Act or any
regulation prescribed under this Act.
TITLE V--ENFORCEMENT
SEC. 501.\29\ PENALTIES.
(a) Civil.--
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\29\ 22 U.S.C. 6761.
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(1) Penalty amounts.--
(A) Prohibited acts relating to
inspections.--Any person that is determined, in
accordance with paragraph (2), to have violated
section 306 of this Act shall be required by
order to pay a civil penalty in an amount not
to exceed $25,000 for each such violation. For
purposes of this paragraph, each day such a
violation of section 306 continues shall
constitute a separate violation of that
section.
(B) Recordkeeping violations.--Any person
that is determined, in accordance with
paragraph (2), to have violated section 405 of
this Act shall be required by order to pay a
civil penalty in an amount not to exceed $5,000
for each such violation.
(2) Hearing.--
(A) In general.--Before imposing an order
described in paragraph (1) against a person
under this subsection for a violation of
section 306 or 405, the Secretary of State
shall provide the person or entity with notice
and, upon request made within 15 days of the
date of the notice, a hearing respecting the
violation.
(B) Conduct of hearing.--Any hearing so
requested shall be conducted before an
administrative law judge. The hearing shall be
conducted in accordance with the requirements
of section 554 of title 5, United States Code.
If no hearing is so requested, the Secretary of
State's imposition of the order shall
constitute a final and unappealable order.
(C) Issuance of orders.--If the
administrative law judge determines, upon the
preponderance of the evidence received, that a
person or entity named in the complaint has
violated section 306 or 405, the administrative
law judge shall state his findings of fact and
issue and cause to be served on such person or
entity an order described in paragraph (1).
(D) Factors for determination of penalty
amounts.--In determining the amount of any
civil penalty, the administrative law judge
shall take into account the nature,
circumstances, extent, and gravity of the
violation or violations and, with respect to
the violator, the ability to pay, effect on
ability to continue to do business, any history
of prior such violations, the degree of
culpability, the existence of an internal
compliance program, and such other matters as
justice may require.
(3) Administrative appellate review.--The decision
and order of an administrative law judge shall become
the final agency decision and order of the head of the
United States National Authority unless, within 30
days, the head of the United States National Authority
modifies or vacates the decision and order, with or
without conditions, in which case the decision and
order of the head of the United States National
Authority shall become a final order under this
subsection.
(4) Offsets.--The amount of the civil penalty under a
final order of the United States National Authority may
be deducted from any sums owed by the United States to
the person.
(5) Judicial review.--A person adversely affected by
a final order respecting an assessment may, within 30
days after the date the final order is issued, file a
petition in the Court of Appeals for the District of
Columbia Circuit or for any other circuit in which the
person resides or transacts business.
(6) Enforcement of orders.--If a person fails to
comply with a final order issued under this subsection
against the person or entity--
(A) after the order making the assessment has
become a final order and if such person does
not file a petition for judicial review of the
order in accordance with paragraph (5), or
(B) after a court in an action brought under
paragraph (5) has entered a final judgment in
favor of the United States National Authority,
the Secretary of State shall file a suit to seek compliance
with the order in any appropriate district court of the United
States, plus interest at currently prevailing rates calculated
from the date of expiration of the 30-day period referred to in
paragraph (5) or the date of such final judgment, as the case
may be. In any such suit, the validity and appropriateness of
the final order shall not be subject to review.
(b) Criminal.--Any person who knowingly violates any
provision of section 306 or 405 of this Act, shall, in addition
to or in lieu of any civil penalty which may be imposed under
subsection (a) for such violation, be fined under title 18,
United States Code, imprisoned for not more than one year, or
both.
SEC. 502.\30\ SPECIFIC ENFORCEMENT.
(a) Jurisdiction.--The district courts of the United States
shall have jurisdiction over civil actions to--
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\30\ 22 U.S.C. 6762.
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(1) restrain any violation of section 306 or 405 of
this Act; and
(2) compel the taking of any action required by or
under this Act or the Convention.
(b) Civil Actions.--
(1) In general.--A civil action described in
subsection (a) may be brought--
(A) in the case of a civil action described
in subsection (a)(1), in the United States
district court for the judicial district in
which any act, omission, or transaction
constituting a violation of section 306 or 405
occurred or in which the defendant is found or
transacts business; or
(B) in the case of a civil action described
in subsection (a)(2), in the United States
district court for the judicial district in
which the defendant is found or transacts
business.
(2) Service of process.--In any such civil action
process may be served on a defendant wherever the
defendant may reside or may be found, whether the
defendant resides or may be found within the United
States or elsewhere.
SEC. 503.\31\ EXPEDITED JUDICIAL REVIEW.
(a) Civil Action.--Any person or entity subject to a search
under this Act may file a civil action challenging the
constitutionality of any provision of this Act. Notwithstanding
any other provision of law, during the full calendar year of,
and the two full calendar years following, the enactment of
this Act, the district court shall accord such a case a
priority in its disposition ahead of all other civil actions
except for actions challenging the legality and conditions of
confinement.
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\31\ 22 U.S.C. 6763.
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(b) En Banc Review.--Notwithstanding any other provision of
law, during the full calendar year of, and the two full
calendar years following, the enactment of this Act, any appeal
from a final order entered by a district court in an action
brought under subsection (a) shall be heard promptly by the
full Court of Appeals sitting en banc.
TITLE VI--MISCELLANEOUS PROVISIONS
SEC. 601. REPEAL.
Section 808 of the Department of Defense Appropriation
Authorization Act, 1978 (50 U.S.C. 1520; relating to the use of
human subjects for the testing of chemical or biological
agents) is repealed.
SEC. 602.\32\ PROHIBITION.
(a) In General.--Neither the Secretary of Defense nor any
other officer or employee of the United States may, directly or
by contract--
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\32\ 22 U.S.C. 6771.
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(1) conduct any test or experiment involving the use
of any chemical or biological agent on a civilian
population; or
(2) use human subjects for the testing of chemical or
biological agents.
(b) Construction.--Nothing in subsection (a) may be
construed to prohibit actions carried out for purposes not
prohibited by this Act (as defined in section 3(8)).
(c) Biological Agent Defined.--In this section, the term
``biological agent'' means any micro-organism (including
bacteria, viruses, fungi, rickettsiae or protozoa), pathogen,
or infectious substance, or any naturally occurring, bio-
engineered or synthesized component of any such micro-organism,
pathogen, or infectious substance, whatever its origin or
method of production, capable of causing--
(1) death, disease, or other biological malfunction
in a human, an animal, a plant, or another living
organism;
(2) deterioration of food, water, equipment,
supplies, or materials of any kind; or
(3) deleterious alteration of the environment.
SEC. 603. BANKRUPTCY ACTIONS.
Section 362(b) of title 11, United States Code, is
amended-- * * *
o. Defense Against Weapons of Mass Destruction Act of 1998
Partial text of Public Law 105-261 [Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999; H.R. 3616], 112 Stat. 1920,
approved October 17, 1998; as amended by Public Law 106-65 [National
Defense Authorization Act for Fiscal Year 2000; S. 1059], 113 Stat.
512, approved October 5, 1999; Public Law 106-398 [National Defense
Authorization Act, Fiscal Year 2001; H.R. 4205], 114 Stat. 1654,
approved October 30, 2000; Public Law 107-107 [National Defense
Authorization Act for Fiscal Year 2002; S. 1438], 115 Stat. 1012,
approved December 28, 2001; and Public Law 107-296 [Homeland Security
Act of 2002; H.R. 5005], 116 Stat. 2135, approved November 25, 2002
AN ACT To authorize appropriations for fiscal year 1999 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.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
TITLE XIV--DOMESTIC PREPAREDNESS FOR DEFENSE AGAINST WEAPONS OF MASS
DESTRUCTION \1\
Sec. 1401. Short title.
Sec. 1402. Domestic preparedness for response to threats of terrorist
use of weapons of mass destruction.
Sec. 1403. Report on domestic emergency preparedness.
Sec. 1404. Threat and risk assessments.
Sec. 1405. Advisory panel to assess domestic response capabilities for
terrorism
involving weapons of mass destruction.
SEC. 1401. SHORT TITLE.
This title may be cited as the ``Defense Against Weapons of
Mass Destruction Act of 1998''.
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\1\ 50 U.S.C. 2301 note.
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SEC. 1402. DOMESTIC PREPAREDNESS FOR RESPONSE TO THREATS OF TERRORIST
USE OF WEAPONS OF MASS DESTRUCTION.
(a) Enhanced Response Capability.--In light of the
continuing potential for terrorist use of weapons of mass
destruction against the United States and the need to develop a
more fully coordinated response to that threat on the part of
Federal, State, and local agencies, the President shall act to
increase the effectiveness at the Federal, State, and local
level of the domestic emergency preparedness program for
response to terrorist incidents involving weapons of mass
destruction by utilizing the President's existing authorities
to develop an integrated program that builds upon the program
established under the Defense Against Weapons of Mass
Destruction Act of 1996 (title XIV of Public Law 104-201; 110
Stat. 2714; 50 U.S.C. 2301 et seq.).
(b) Report.--Not later than January 31, 1999, the President
shall submit to Congress a report containing information on the
actions taken at the Federal, State, and local level to develop
an integrated program to prevent and respond to terrorist
incidents involving weapons of mass destruction.
SEC. 1403.\2\ * * * [REPEALED--2002]
SEC. 1404.\3\ THREAT AND RISK ASSESSMENTS.
(a) Threat and Risk Assessments.--Assistance to Federal,
State, and local agencies provided under the program under
section 1402 shall include the performance of assessments of
the threat and risk of terrorist employment of weapons of mass
destruction against cities and other local areas. Such
assessments shall be used by Federal, State, and local agencies
to determine the training and equipment requirements under this
program and shall be performed as a collaborative effort with
State and local agencies.
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\2\ Formerly at 50 U.S.C. 2301 note. Sec. 889(b)(2) of the Homeland
Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) repealed this
section. The section amended sec. 1051 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat.
1889; 31 U.S.C. 1113 note) by adding subsec. (c), which required that
the President submit an annex, attached to the annual report required
in subsec. (b) of sec. 1051, containing information on the domestic
emergency preparedness program for response to terrorist incidents
involving weapons of mass destruction.
\3\ Sec. 1064 of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106-65; 113 Stat. 769) replaced the former sec.
1404 with this section. The former sec. 1404 read as follows:
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``sec. 1404. threat and risk assessments.
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``(a) Requirement To Develop Methodologies.--The Attorney General,
in consultation with the Director of the Federal Bureau of
Investigation and representatives of appropriate Federal, State, and
local agencies, shall develop and test methodologies for assessing the
threat and risk of terrorist employment of weapons of mass destruction
against cities and other local areas. The results of the tests may be
used to determine the training and equipment requirements under the
program developed under section 1402. The methodologies required by
this subsection shall be developed using cities or local areas selected
by the Attorney General, acting in consultation with the Director of
the Federal Bureau of Investigation and appropriate representatives of
Federal, State, and local agencies.
``(b) Required Completion Date.--The requirements in subsection (a)
shall be completed not later than 1 year after the date of the
enactment of this Act.''.
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(b) Conduct of Assessments.--The Department of Justice, as
lead Federal agency for domestic crisis management in response
to terrorism involving weapons of mass destruction, shall--
(1) conduct any threat and risk assessment performed
under subsection (a) in coordination with appropriate
Federal, State, and local agencies; and
(2) develop procedures and guidance for conduct of
the threat and risk assessment in consultation with
officials from the intelligence community.
SEC. 1405. ADVISORY PANEL TO ASSESS DOMESTIC RESPONSE CAPABILITIES FOR
TERRORISM INVOLVING WEAPONS OF MASS DESTRUCTION.
(a) Requirement for Panel.--The Secretary of Defense, in
consultation with the Attorney General, the Secretary of
Energy, the Secretary of Health and Human Services, and the
Director of the Federal Emergency Management Agency, shall
enter into a contract with a federally funded research and
development center to establish a panel to assess the
capabilities for domestic response to terrorism involving
weapons of mass destruction.
(b) Composition of Panel; Selection.--(1) The panel shall
be composed of members who shall be private citizens of the
United States with knowledge and expertise in emergency
response matters.
(2) Members of the panel shall be selected by the federally
funded research and development center in accordance with the
terms of the contract established pursuant to subsection (a).
(c) Procedures for Panel.--The federally funded research
and development center shall be responsible for establishing
appropriate procedures for the panel, including procedures for
selection of a panel chairman.
(d) Duties of Panel.--The panel shall--
(1) assess Federal agency efforts to enhance domestic
preparedness for incidents involving weapons of mass
destruction;
(2) assess the progress of Federal training programs
for local emergency responses to incidents involving
weapons of mass destruction;
(3) assess deficiencies in programs for response to
incidents involving weapons of mass destruction,
including a review of unfunded communications,
equipment, and planning requirements, and the needs of
maritime regions;
(4) recommend strategies for ensuring effective
coordination with respect to Federal agency weapons of
mass destruction response efforts, and for ensuring
fully effective local response capabilities for weapons
of mass destruction incidents; and
(5) assess the appropriate roles of State and local
government in funding effective local response
capabilities.
(e) Deadline To Enter Into Contract.--The Secretary of
Defense shall enter into the contract required under subsection
(a) not later than 60 days after the date of the enactment of
this Act.
(f) Deadline for Selection of Panel Members.--Selection of
panel members shall be made not later than 30 days after the
date on which the Secretary enters into the contract required
by subsection (a).
(g) Initial Meeting of the Panel.--The panel shall conduct
its first meeting not later than 30 days after the date that
all the selections to the panel have been made.
(h) Reports.--(1) Not later than 6 months after the date of
the first meeting of the panel, the panel shall submit to the
President and to Congress an initial report setting forth its
findings, conclusions, and recommendations for improving
Federal, State, and local domestic emergency preparedness to
respond to incidents involving weapons of mass destruction.
(2) Not later than December 15 of each year, beginning in
1999 and ending in 2003,\4\ the panel shall submit to the
President and to the Congress a report setting forth its
findings, conclusions, and recommendations for improving
Federal, State, and local domestic emergency preparedness to
respond to incidents involving weapons of mass destruction.
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\4\ Sec. 1514(a)(1) of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1273) struck out
``2001'' and inserted in lieu thereof ``2003''.
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(i) Cooperation of Other Agencies.--(1) The panel may
secure directly from the Department of Defense, the Department
of Energy, the Department of Health and Human Services, the
Department of Justice, and the Federal Emergency Management
Agency, or any other Federal department or agency information
that the panel considers necessary for the panel to carry out
its duties.
(2) The Attorney General, the Secretary of Defense, the
Secretary of Energy, the Secretary of Health and Human
Services, the Director of the Federal Emergency Management
Agency, and any other official of the United States shall
provide the panel with full and timely cooperation in carrying
out its duties under this section.
(j) Funding.--The Secretary of Defense shall provide the
funds necessary for the panel to carry out its duties from the
funds available to the Department of Defense for weapons of
mass destruction preparedness initiatives.
(k) \5\ Compensation of Panel Members.--The provisions of
paragraph (4) of section 591(c) of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1999
(as contained in section 101(d) of division A of the Omnibus
Consolidated and Emergency Supplemental Appropriations Act,
1999 (Public Law 105-277; 112 Stat. 2681-212)), shall apply to
members of the panel in the same manner as to members of the
National Commission on Terrorism under that paragraph.
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\5\ Sec. 1514(b)(1) of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1012) amended and
restated the former subsec. (k). Sec. 1514(b)(2) stated that this
amendment ``shall apply with respect to periods of service on the
advisory panel under section 1405 of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 on or after the date of
the enactment of this Act.'' Subsec. (k) previously read as follows:
``(k) Compensation of Panel Members.--(1) Members of the panel
shall serve without pay by reason of their work on the panel.
``(2) Members of the panel shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates authorized for
employees of agencies under chapter 57 of title 5, United States Code,
while away from their homes or regular place of business in performance
of services for the panel.''.
Sec. 1087(d)(7) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (Public Law 106-398; 114 Stat.
1654) had earlier struck out ``subchapter'' where it appeared in the
former subsec. (k)(2) and inserted in lieu thereof ``chapter'' so that
it read ``chapter 57''.
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(l) Termination of the Panel.--The panel shall terminate
five years \6\ after the date of the appointment of the member
selected as chairman of the panel.
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\6\ Sec. 1514(a)(2) of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1012) struck out
``three years'' and inserted in lieu thereof ``five years''.
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(m) Definition.--In this section, the term ``weapon of mass
destruction'' has the meaning given that term in section
1403(1) of the Defense Against Weapons of Mass Destruction Act
of 1996 (50 U.S.C. 2302(1)).
* * * * * * *
p. Combatting \1\ Proliferation of Weapons of Mass Destruction Act of
1996
Partial text of Public Law 104-293 [Intelligence Authorization Act for
Fiscal Year 1997; H.R. 3259], 110 Stat. 3461, approved October 11,
1996; as amended by Public Law 105-277 [Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999; H.R. 4328], 112 Stat.
2681, approved October 21, 1998; Public Law 107-306 [Intelligence
Authorization Act for Fiscal Year 2003; H.R. 4628], 116 Stat. 2383,
approved November 27, 2002; Public Law 107-314 [Bob Stump National
Defense Authorization Act for Fiscal Year 2003; H.R. 4546], 116 Stat.
2458, approved December 2, 2002; and Public Law 108-177 [Intelligence
Authorization Act for Fiscal Year 2004; H.R. 2417], 117 Stat. 2599,
approved December 13, 2003
AN ACT To authorize appropriations for fiscal year 1997 for
intelligence and intelligence-related activities of the United States
Government, the Community Management Account, and the Central
Intelligence Agency Retirement and Disability System, and for other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Intelligence Authorization Act for Fiscal Year 1997''.
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\1\ As enrolled.
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(b) Table of Contents.-- * * *
* * * * * * *
TITLE VII--COMBATTING PROLIFERATION
SEC. 701.\2\ SHORT TITLE.
This title may be cited as the ``Combatting Proliferation
of Weapons of Mass Destruction Act of 1996''.
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\2\ 50 U.S.C. 2301 note.
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Subtitle A--Assessment of Organization and Structure of Government for
Combatting Proliferation
SEC. 711.\3\ ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be
known as the Commission to Assess the Organization of the
Federal Government to Combat the Proliferation of Weapons of
Mass Destruction (in this subtitle referred to as the
``Commission'').
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\3\ 50 U.S.C. 2351 note.
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(b) Membership.--The Commission shall be composed of twelve
members, none of whom may, during the period of their service
on the Commission, be an officer or employee of any department,
agency, or other establishment of the Executive Branch (other
than the Commission), and \4\ of whom--
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\4\ Sec. 708(b)(1) of the Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations Act, 1999
(sec. 101(f) of Public Law 105-277; 112 Stat. 2681-390), struck out
``eight members'' and inserted in lieu thereof ``twelve members, none
of whom may, during the period of their service on the Commission, be
an officer or employee of any department, agency, or other
establishment of the Executive Branch (other than the Commission),
and''.
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(1) four shall be appointed by the President;
(2) three \5\ shall be appointed by the Majority
Leader of the Senate;
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\5\ Sec. 708(b)(2) of the Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations Act, 1999
(sec. 101(f) of Public Law 105-277; 112 Stat. 2681-390), struck out
``one'' and inserted in lieu thereof ``three''.
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(3) one shall be appointed by the Minority Leader of
the Senate;
(4) three \6\ shall be appointed by the Speaker of
the House of Representatives; and
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\6\ Sec. 708(b)(3) of the Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations Act, 1999
(sec. 101(f) of Public Law 105-277; 112 Stat. 2681-390), struck out
``one'' and inserted in lieu thereof ``three''.
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(5) one shall be appointed by the Minority Leader of
the House of Representatives.
(c) Qualifications of Members.--(1) To the maximum extent
practicable, the individuals appointed as members of the
Commission shall be individuals who are nationally recognized
for expertise regarding--
(A) the nonproliferation of weapons of mass
destruction;
(B) the efficient and effective implementation of
United States nonproliferation policy; or
(C) the implementation, funding, or oversight of the
national security policies of the United States.
(2) An official who appoints members of the Commission may
not appoint an individual as a member if, in the judgment of
the official, the individual possesses any personal or
financial interest in the discharge of any of the duties of the
Commission.
(d) Period of Appointment; Vacancies.--Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall not affect its powers, but shall be filled in
the same manner as the original appointment.
(e) Initial Meeting.--Not later than 30 days after the date
of enactment of an Act making appropriations for the
Departments of Labor, Health and Human Services, and Education,
and related agencies, for the fiscal year ending September 30,
1999, regardless of whether all the members of the Commission
have been appointed as of that date,,\7\ the Commission shall
hold its first meeting.
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\7\ Sec. 708(b)(4) of the Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations Act, 1999
(sec. 101(f) of Public Law 105-277; 112 Stat. 2681-390), struck out
``the date on which all members of the Commission have been appointed''
and inserted in lieu thereof ``the date of enactment of an Act making
appropriations for the Departments of Labor, Health and Human Services,
and Education, and related agencies, for the fiscal year ending
September 30, 1999, regardless of whether all the members of the
Commission have been appointed as of that date,'' [resulting in a
double comma].
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(f) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(g) Chairman and Vice Chairman.--The Commission shall
select a Chairman and Vice Chairman from among its members.
(h) Meetings.--The Commission shall meet at the call of the
Chairman.
SEC. 712.\3\ DUTIES OF COMMISSION.
(a) Study.--
(1) In general.--The Commission shall carry out a
thorough study of the organization of the Federal
Government, including the elements of the intelligence
community, with respect to combatting the proliferation
of weapons of mass destruction.
(2) Specific requirements.--In carrying out the
study, the Commission shall--
(A) assess the current structure and
organization of the departments and agencies of
the Federal Government having responsibilities
for combatting the proliferation of weapons of
mass destruction; and
(B) assess the effectiveness of United States
cooperation with foreign governments with
respect to nonproliferation activities,
including cooperation--
(i) between elements of the
intelligence community and elements of
the intelligence-gathering services of
foreign governments;
(ii) between other departments and
agencies of the Federal Government and
the counterparts to such departments
and agencies in foreign governments;
and
(iii) between the Federal Government
and international organizations.
(3) Assessments.--In making the assessments under
paragraph (2), the Commission should address--
(A) the organization of the export control
activities (including licensing and enforcement
activities) of the Federal Government relating
to the proliferation of weapons of mass
destruction;
(B) arrangements for coordinating the funding
of United States nonproliferation activities;
(C) existing arrangements governing the flow
of information among departments and agencies
of the Federal Government responsible for
nonproliferation activities;
(D) the effectiveness of the organization and
function of interagency groups in ensuring
implementation of United States treaty
obligations, laws, and policies with respect to
nonproliferation;
(E) the administration of sanctions for
purposes of nonproliferation, including the
measures taken by departments and agencies of
the Federal Government to implement, assess,
and enhance the effectiveness of such
sanctions;
(F) the organization, management, and
oversight of United States counterproliferation
activities;
(G) the recruitment, training, morale,
expertise, retention, and advancement of
Federal Government personnel responsible for
the nonproliferation functions of the Federal
Government, including any problems in such
activities;
(H) the role in United States
nonproliferation activities of the National
Security Council, the Office of Management and
Budget, the Office of Science and Technology
Policy, and other offices in the Executive
Office of the President having responsibilities
for such activities;
(I) the organization of the activities of the
Federal Government to verify government-to-
government assurances and commitments with
respect to nonproliferation, including
assurances regarding the future use of
commodities exported from the United States;
and
(J) the costs and benefits to the United
States of increased centralization and of
decreased centralization in the administration
of the nonproliferation activities of the
Federal Government.
(4) \8\ Restrictions.--In carrying out the study
under paragraph (1), making the assessments under
paragraph (2), and addressing the matters identified in
paragraph (3), the Commission shall not review,
evaluate, or report on--
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\8\ Sec. 708(c) of the Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations Act, 1999
(sec. 101(f) of Public Law 105-277; 112 Stat. 2681-390), added para.
(4).
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(A) United States domestic response
capabilities with respect to weapons of mass
destruction; or
(B) the adequacy or usefulness of United
States laws that provide for the imposition of
sanctions on countries or entities that engage
in the proliferation of weapons of mass
destruction.
(b) Recommendations.--In conducting the study, the
Commission shall develop recommendations on means of improving
the effectiveness of the organization of the departments and
agencies of the Federal Government in meeting the national
security interests of the United States with respect to the
proliferation of weapons of mass destruction. Such
recommendations shall include specific recommendations to
eliminate duplications of effort, and other inefficiencies, in
and among such departments and agencies.
(c) Report.--(1) Not later than 18 months after January 18,
1998,\9\ the Commission shall submit to Congress a report
containing a detailed statement of the findings and conclusions
of the Commission, together with its recommendations for such
legislation and administrative actions as it considers
appropriate.
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\9\ Sec. 708(a) of the Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations Act, 1999
(sec. 101(f) of Public Law 105-277; 112 Stat. 2681-390), struck out
``the date of the enactment of this Act'' and inserted in lieu thereof
``January 18, 1998''.
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(2) The report shall be submitted in unclassified form, but
may include a classified annex.
SEC. 713.\3\ POWERS OF COMMISSION.
(a) Hearings.--The Commission may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Commission considers advisable to
carry out the purposes of this subtitle.
(b) Information From Federal Agencies.--
(1) In general.--The Commission may secure directly
from any Federal department or agency such information
as the Commission considers necessary to carry out the
provisions of this subtitle. Upon request of the
Chairman of the Commission, the head of such department
or agency shall furnish such information to the
Commission.
(2) Classified information.--A department or agency
may furnish the Commission classified information under
this subsection. The Commission shall take appropriate
actions to safeguard classified information furnished
to the Commission under this paragraph.
(c) Postal Services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
(d) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property.
SEC. 714.\3\ COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission
who is not an officer or employee of the Federal Government
shall be compensated at a rate equal to the daily equivalent of
the annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which such
member is engaged in the performance of the duties of the
Commission. All members of the Commission who are officers or
employees of the United States shall serve without compensation
in addition to that received for their services as officers or
employees of the United States.
(b) Travel Expenses.--The members of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Commission.
(c) Staff.--
(1) In general.--The Chairman of the Commission may,
without regard to the civil service laws and
regulations, appoint and terminate an executive
director and such other additional personnel as may be
necessary to enable the Commission to perform its
duties. The employment of an executive director shall
be subject to confirmation by the Commission.
(2) Compensation.--The Chairman of the Commission may
fix the compensation of the executive director and
other personnel without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification of
positions and General Schedule pay rates, except that
the rate of pay for the executive director and other
personnel may not exceed the rate payable for level V
of the Executive Schedule under section 5316 of such
title.
(d) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without
reimbursement, and such detail shall be without interruption or
loss of civil service status or privilege.
(e) Procurement of Temporary and Intermittent Services.--
The Chairman of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals which do not exceed the
daily equivalent of the annual rate of basic pay prescribed for
level V of the Executive Schedule under section 5316 of such
title.
SEC. 715.\3\ TERMINATION OF COMMISSION.
The Commission shall terminate 60 days after the date on
which the Commission submits its report under section 712(c).
SEC. 716.\3\ DEFINITION.
For purposes of this subtitle, the term ``intelligence
community'' shall have the meaning given such term in section
3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).
SEC. 717.\3\ PAYMENT OF COMMISSION EXPENSES.
The compensation, travel expenses, per diem allowances of
members and employees of the Commission, and other expenses of
the Commission shall not exceed $1,000,000, and shall be paid
\10\ out of funds available to the Director of Central
Intelligence for the payment of compensation, travel
allowances, and per diem allowances, respectively, of employees
of the Central Intelligence Agency.
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\10\ Sec. 708(d) of the Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations Act, 1999
(sec. 101(f) of Public Law 105-277; 112 Stat. 2681-391), struck out
``shall be paid'' and inserted in lieu thereof ``shall not exceed
$1,000,000, and shall be paid''.
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Subtitle B--Other Matters
SEC. 721.\11\ REPORTS ON ACQUISITION OF TECHNOLOGY RELATING TO WEAPONS
OF MASS DESTRUCTION AND ADVANCED CONVENTIONAL
MUNITIONS.
(a) Reports.--The Director \12\ of Central Intelligence
shall submit to Congress a report on--
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\11\ 50 U.S.C. 2366.
\12\ Sec. 811(b)(5)(C)(i) of the Intelligence Authorization Act for
Fiscal Year 2003 (Public Law 107-306; 116 Stat. 2383) struck out ``Not
later than 6 months after the date of the enactment of this Act, and
every 6 months thereafter, the Director'' and inserted in lieu thereof
``The Director''.
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(1) the acquisition by foreign countries during the
preceding 6 months of dual-use and other technology
useful for the development or production of weapons of
mass destruction (including nuclear weapons, chemical
weapons, and biological weapons) and advanced
conventional munitions; and
(2) trends in the acquisition of such technology by
such countries.
(b) \13\ Submittal Dates.--(1) The report required by
subsection (a) shall be submitted each year to the
congressional intelligence committees and the congressional
leadership on an annual \14\ basis on the dates provided in
section 507 of the National Security Act of 1947.
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\13\ Sec. 811(b)(5)(C)(ii) of the Intelligence Authorization Act
for Fiscal Year 2003 (Public Law 107-306; 116 Stat. 2383) inserted a
new subsec. (b) in this section, and sec. 811(b)(5)(C)(iii) of that Act
redesignated the former subsec. (b) as subsec. (c).
\14\ Sec. 361(k) of the Intelligence Authorization Act for Fiscal
Year 2004 (Public Law 108-177; 117 Stat. 2599) struck out ``a
semiannual'' and inserted in lieu thereof ``an annual''.
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(2) In this subsection:
(A) The term ``congressional intelligence
committees'' has the meaning given that term in section
3 of the National Security Act of 1947 (50 U.S.C.
401a).
(B) The term ``congressional leadership'' means the
Speaker and the minority leader of the House of
Representatives and the majority leader and the
minority leader of the Senate.
(c) \13\ Form of Reports.--Each report \15\ submitted under
subsection (a) shall be submitted in unclassified form, but may
include a classified annex.
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\15\ Sec. 811(b)(5)(C)(iv) of the Intelligence Authorization Act
for Fiscal Year 2003 (Public Law 107-306; 116 Stat. 2383) struck out
``The reports'' and inserted in lieu thereof ``Each report''.
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SEC. 722.\16\ SEMIANNUAL REPORT ON CONTRIBUTIONS OF FOREIGN PERSONS TO
WEAPONS OF MASS DESTRUCTION AND DELIVERY SYSTEMS
EFFORTS OF COUNTRIES OF PROLIFERATION CONCERN.
(a) Reports.--The Director of Central Intelligence shall
submit to Congress a semiannual report identifying each foreign
person that, during the period covered by the report, made a
material contribution to the research, development, production,
or acquisition by a country of proliferation concern of--
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\16\ 50 U.S.C. 2369. Sec. 1209(a) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat.
2668) added sec. 722.
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(1) weapons of mass destruction (including nuclear
weapons, chemical weapons, or biological weapons); or
(2) ballistic or cruise missile systems.
(b) Period of Semiannual Reports.--Semiannual reports under
subsection (a) shall be submitted as follows:
(1) One semiannual report shall cover the first six
months of the calendar year and shall be submitted not
later than January 1 of the following year.
(2) The other semiannual report shall cover the
second six months of the calendar year and shall be
submitted not later than July 1 of the following year.
(c) Form of Reports.--(1) A report under subsection (a) may
be submitted in classified form, in whole or in part, if the
Director of Central Intelligence determines that submittal in
that form is advisable.
(2) Any portion of a report under subsection (a) that is
submitted in classified form shall be accompanied by an
unclassified summary of such portion.
(d) Definitions.--In this section:
(1) The term ``foreign person'' means any of the
following:
(A) A natural person who is not a citizen of
the United States.
(B) A corporation, business association,
partnership, society, trust, or other
nongovernmental entity, organization, or group
that is organized under the laws of a foreign
country or has its principal place of business
in a foreign country.
(C) Any foreign government or foreign
governmental entity operating as a business
enterprise or in any other capacity.
(D) Any successor, subunit, or subsidiary of
any entity described in subparagraph (B) or
(C).
(2) The term ``country of proliferation concern''
means any country identified by the Director of Central
Intelligence as having engaged in the acquisition of
dual-use and other technology useful for the
development or production of weaponsof mass destruction
(including nuclear weapons, chemical weapons, and
biological weapons) or advanced conventional
munitions--
(A) in the most recent report under section
721; or
(B) in any successor report on the
acquisition by foreign countries of dual-use
and other technology useful for the development
or production of weapons of mass destruction.
q. Defense Against Weapons of Mass Destruction Act of 1996
Partial text of Public Law 104-201 [National Defense Authorization Act
for Fiscal Year 1997; H.R. 3230], 110 Stat. 2422 at 2714, approved
September 23, 1996; as amended by Public Law 105-261 [Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999; H.R. 3616],
112 Stat. 1920, approved October 17, 1998; Public Law 107-314 [Bob
Stump National Defense Authorization Act for Fiscal Year 2003; H.R.
4546], 116 Stat. 2458, approved December 2, 2002; Public Law 108-375
[Ronald W. Reagan National Defense Authorization Act for Fiscal Year
2005; H.R. 4200], 118 Stat. 1811, approved October 28, 2004; and Public
Law 109-163 [National Defense Authorization Act for Fiscal Year 2006;
H.R. 1815], 119 Stat. 3136, approved January 6, 2006
AN ACT To authorize appropriations for fiscal year 1997 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.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
TITLE XIV--DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION
Sec. 1401. Short title.
Sec. 1402. Findings.
Sec. 1403. Definitions.
Subtitle A--Domestic Preparedness
Sec. 1411. Response to threats of terrorist use of weapons of mass
destruction.
Sec. 1412. Emergency response assistance program. [Repealed--2006]
Sec. 1413. Nuclear, chemical, and biological emergency response.
Sec. 1414. Chemical-biological emergency response team.
Sec. 1415. Testing of preparedness for emergencies involving nuclear,
radiological, chemical, and biological weapons.
Sec. 1416. Military assistance to civilian law enforcement officials in
emergency situations involving biological or chemical weapons.
Sec. 1417. Rapid response information system.
Subtitle B--Interdiction of Weapons of Mass Destruction and Related
Materials
Sec. 1421. Procurement of detection equipment United States border
security.
Sec. 1422. Extension of coverage of International Emergency Economic
Powers Act.
Sec. 1423. Sense of Congress concerning criminal penalties.
Sec. 1424. International border security.
Subtitle C--Control and Disposition of Weapons of Mass Destruction and
Related Materials Threatening the United States
Sec. 1431. Coverage of weapons-usable fissile materials in Cooperative
Threat Reduction programs on elimination or transportation of
nuclear weapons.
Sec. 1432. Elimination of plutonium production.
Subtitle D--Coordination of Policy and Countermeasures Against
Proliferation of Weapons of Mass Destruction
Sec. 1441. National Coordinator on Nonproliferation.
Sec. 1442. National Security Council Committee on Nonproliferation.
Sec. 1443. Comprehensive preparedness program.
Sec. 1444. Termination.
Subtitle E--Miscellaneous
Sec. 1451. Sense of Congress concerning contracting policy.
Sec. 1452. Transfers of allocations among Cooperative Threat Reduction
programs.
Sec. 1453. Sense of Congress concerning assistance to states of former
Soviet Union.
Sec. 1454. Purchase of low-enriched uranium derived from Russian highly
enriched uranium.
Sec. 1455. Sense of Congress concerning purchase, packaging, and
transportation of fissile materials at risk of theft.
SEC. 1401.\1\ SHORT TITLE.
This title may be cited as the ``Defense Against Weapons of
Mass Destruction Act of 1996''.
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\1\ 50 U.S.C. 2301 note.
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SEC. 1402.\2\ FINDINGS.
Congress makes the following findings:
---------------------------------------------------------------------------
\2\ 50 U.S.C. 2301 note. See also section on Cooperative Threat
Reduction programs, sec. 3 of this volume, beginning at page 45.
---------------------------------------------------------------------------
(1) Weapons of mass destruction and related materials
and technologies are increasingly available from
worldwide sources. Technical information relating to
such weapons is readily available on the Internet, and
raw materials for chemical, biological, and
radiological weapons are widely available for
legitimate commercial purposes.
(2) The former Soviet Union produced and maintained a
vast array of nuclear, biological, and chemical weapons
of mass destruction.
(3) Many of the states of the former Soviet Union
retain the facilities, materials, and technologies
capable of producing additional quantities of weapons
of mass destruction.
(4) The disintegration of the former Soviet Union was
accompanied by disruptions of command and control
systems, deficiencies in accountability for weapons,
weapons-related materials and technologies, economic
hardships, and significant gaps in border control among
the states of the former Soviet Union. The problems of
organized crime and corruption in the states of the
former Soviet Union increase the potential for
proliferation of nuclear, radiological, biological, and
chemical weapons and related materials.
(5) The conditions described in paragraph (4) have
substantially increased the ability of potentially
hostile nations, terrorist groups, and individuals to
acquire weapons of mass destruction and related
materials and technologies from within the states of
the former Soviet Union and from unemployed scientists
who worked on those programs.
(6) As a result of such conditions, the capability of
potentially hostile nations and terrorist groups to
acquire nuclear, radiological, biological, and chemical
weapons is greater than at any time in history.
(7) The President has identified North Korea, Iraq,
Iran, and Libya as hostile states which already possess
some weapons of mass destruction and are developing
others.
(8) The acquisition or the development and use of
weapons of mass destruction is well within the
capability of many extremist and terrorist movements,
acting independently or as proxies for foreign states.
(9) Foreign states can transfer weapons to or
otherwise aid extremist and terrorist movements
indirectly and with plausible deniability.
(10) Terrorist groups have already conducted chemical
attacks against civilian targets in the United States
and Japan, and a radiological attack in Russia.
(11) The potential for the national security of the
United States to be threatened by nuclear,
radiological, chemical, or biological terrorism must be
taken seriously.
(12) There is a significant and growing threat of
attack by weapons of mass destruction on targets that
are not military targets in the usual sense of the
term.
(13) Concomitantly, the threat posed to the citizens
of the United States by nuclear, radiological,
biological, and chemical weapons delivered by
unconventional means is significant and growing.
(14) Mass terror may result from terrorist incidents
involving nuclear, radiological, biological, or
chemical materials.
(15) Facilities required for production of
radiological, biological, and chemical weapons are much
smaller and harder to detect than nuclear weapons
facilities, and biological and chemical weapons can be
deployed by alternative delivery means other than long-
range ballistic missiles.
(16) Covert or unconventional means of delivery of
nuclear, radiological, biological, and chemical weapons
include cargo ships, passenger aircraft, commercial and
private vehicles and vessels, and commercial cargo
shipments routed through multiple destinations.
(17) Traditional arms control efforts assume large
state efforts with detectable manufacturing programs
and weapons production programs, but are ineffective in
monitoring and controlling smaller, though potentially
more dangerous, unconventional proliferation efforts.
(18) Conventional counterproliferation efforts would
do little to detect or prevent the rapid development of
a capability to suddenly manufacture several hundred
chemical or biological weapons with nothing but
commercial supplies and equipment.
(19) The United States lacks adequate planning and
countermeasures to address the threat of nuclear,
radiological, biological, and chemical terrorism.
(20) The Department of Energy has established a
Nuclear Emergency Response Team which is available in
case of nuclear or radiological emergencies, but no
comparable units exist to deal with emergencies
involving biological or chemical weapons or related
materials.
(21) State and local emergency response personnel are
not adequately prepared or trained for incidents
involving nuclear, radiological, biological, or
chemical materials.
(22) Exercises of the Federal, State, and local
response to nuclear, radiological, biological, or
chemical terrorism have revealed serious deficiencies
in preparedness and severe problems of coordination.
(23) The development of, and allocation of
responsibilities for, effective countermeasures to
nuclear, radiological, biological, or chemical
terrorism in the United States requires well-
coordinated participation of many Federal agencies, and
careful planning by the Federal Government and State
and local governments.
(24) Training and exercises can significantly improve
the preparedness of State and local emergency response
personnel for emergencies involving nuclear,
radiological, biological, or chemical weapons or
related materials.
(25) Sharing of the expertise and capabilities of the
Department of Defense, which traditionally has provided
assistance to Federal, State, and local officials in
neutralizing, dismantling, and disposing of explosive
ordnance, as well as radiological, biological, and
chemical materials, can be a vital contribution to the
development and deployment of countermeasures against
nuclear, biological, and chemical weapons of mass
destruction.
(26) The United States lacks effective policy
coordination regarding the threat posed by the
proliferation of weapons of mass destruction.
SEC. 1403.\3\ DEFINITIONS.
In this title:
---------------------------------------------------------------------------
\3\ 50 U.S.C. 2302.
---------------------------------------------------------------------------
(1) The term ``weapon of mass destruction'' means any
weapon or device that is intended, or has the
capability, to cause death or serious bodily injury to
a significant number of people through the release,
dissemination, or impact of--
(A) toxic or poisonous chemicals or their
precursors;
(B) a disease organism; or
(C) radiation or radioactivity.
(2) The term ``independent states of the former
Soviet Union'' has the meaning given that term in
section 3 of the FREEDOM Support Act (22 U.S.C. 5801).
(3) The term ``highly enriched uranium'' means
uranium enriched to 20 percent or more in the isotope
U-235.
Subtitle A--Domestic Preparedness
SEC. 1411.\4\ RESPONSE TO THREATS OF TERRORIST USE OF WEAPONS OF MASS
DESTRUCTION.
(a) Enhanced Response Capability.--In light of the
potential for terrorist use of weapons of mass destruction
against the United States, the President shall take immediate
action--
---------------------------------------------------------------------------
\4\ 50 U.S.C. 2311.
---------------------------------------------------------------------------
(1) to enhance the capability of the Federal
Government to prevent and respond to terrorist
incidents involving weapons of mass destruction; and
(2) to provide enhanced support to improve the
capabilities of State and local emergency response
agencies to prevent and respond to such incidents at
both the national and the local level.
(b) Report Required.--Not later than January 31, 1997, the
President shall transmit to Congress a report containing--
(1) an assessment of the capabilities of the Federal
Government to prevent and respond to terrorist
incidents involving weapons of mass destruction and to
support State and local prevention and response
efforts;
(2) requirements for improvements in those
capabilities; and
(3) the measures that should be taken to achieve such
improvements, including additional resources and
legislative authorities that would be required.
SEC. 1412.\5\ * * * [REPEALED--2006]
SEC. 1413.\6\ NUCLEAR, CHEMICAL, AND BIOLOGICAL EMERGENCY RESPONSE.
(a) \7\ Department of Defense.--The Assistant Secretary of
Defense for Homeland Defense is responsible for the
coordination of Department of Defense assistance to Federal,
State, and local officials in responding to threats involving
nuclear, radiological, biological, chemical weapons, or high-
yield explosives or related materials or technologies,
including assistance in identifying, neutralizing, dismantling,
and disposing of nuclear, radiological, biological, chemical
weapons, and high-yield explosives and related materials and
technologies.
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\5\ Formerly at 50 U.S.C. 2312. Sec. 1034 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat.
3429) repealed sec. 1412, which had required the Secretary of Defense
to ``carry out a program to provide civilian personnel of Federal,
State, and local agencies with training and expert advice regarding
emergency responses to a use or threatened use of a weapon of mass
destruction or related materials.''.
Previously, sec. 1513 of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1273) had amended this
section by adding a new subsec. (e)(5).
\6\ 50 U.S.C. 2313.
\7\ Sec. 1031 of the National Defense Authorization Act for Fiscal
Year 2006 (Public Law 109-163; 119 Stat. 3428) amended and restated
subsec. (a). It previously read as follows:
``(a) Department of Defense.--The Secretary of Defense shall
designate an official within the Department of Defense as the executive
agent for--
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``(1) the coordination of Department of Defense assistance to Federal,
State, and local officials in responding to threats involving biological or
chemical weapons or related materials or technologies, including assistance
in identifying, neutralizing, dismantling, and disposing of biological and
chemical weapons and related materials and technologies; and
``(2) the coordination of Department of Defense assistance to the
Department of Energy in carrying out that department's responsibilities
under subsection (b).''.
(b) Department of Energy.--The Secretary of Energy shall
designate an official within the Department of Energy as the
executive agent for--
(1) the coordination of Department of Energy
assistance to Federal, State, and local officials in
responding to threats involving nuclear, chemical, and
biological weapons or related materials or
technologies, including assistance in identifying,
neutralizing, dismantling, and disposing of nuclear
weapons and related materials and technologies; and
(2) the coordination of Department of Energy
assistance to the Department of Defense in carrying out
that department's responsibilities under subsection
(a).
(c) Funding.--Of the total amount authorized to be
appropriated under section 301, $15,000,000 is available for
providing assistance described in subsection (a).
SEC. 1414.\8\ CHEMICAL, BIOLOGICAL, RADIOLOGICAL, NUCLEAR, AND HIGH-
YIELD EXPLOSIVES RESPONSE TEAM.
(a) Department of Defense Rapid Response Team.--The
Secretary of Defense shall develop and maintain at least one
domestic terrorism rapid response team composed of members of
the Armed Forces and employees of the Department of Defense who
are capable of aiding Federal, State, and local officials in
the detection, neutralization, containment, dismantlement, and
disposal of weapons of mass destruction containing chemical,
biological, radiological, nuclear, and high-yield
explosives.\9\
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\8\ 50 U.S.C. 2314. Sec. 1033(1) of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat.
3429) struck out ``chemical-biological emergency response team.'' and
inserted in lieu thereof ``chemical, biological, radiological, nuclear,
and high-yield explosives response team.'' in the section catchline.
\9\ Sec. 1033(2) of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3429) struck out ``or
related materials'' and inserted in lieu thereof ``radiological,
nuclear, and high-yield explosives''.
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(b) Addition to Federal Response Plans \10\.--The Secretary
of Homeland Security shall incorporate into the National
Response Plan prepared pursuant to section 502(6) of the
Homeland Security Act of 2002 (6 U.S.C. 312(6)), other existing
Federal emergency response plans, and \11\ programs prepared
under section 611(b) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5196(b)) guidance on
the use and deployment of the rapid response teams established
under this section to respond to emergencies involving weapons
of mass destruction. The Secretary of Homeland Security \12\
shall carry out this subsection in coordination \13\ with the
Secretary of Defense and the heads of other Federal agencies
involved with the emergency response plans.
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\10\ Sec. 1033(3)(A) of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3429) struck out
``Plan'' and inserted in lieu thereof ``Plans'' in the subsec.
catchline.
\11\ Sec. 1033(3)(B) of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3429) struck out ``Not
later than December 31, 1997, the Director of the Federal Emergency
Management Agency shall develop and incorporate into existing Federal
emergency response plans and'' and inserted in lieu thereof ``The
Secretary of Homeland Security shall incorporate into the National
Response Plan prepared pursuant to section 502(6) of the Homeland
Security Act of 2002 (6 U.S.C. 312(6)), other existing Federal
emergency response plans, and''.
\12\ Sec. 1033(3)(C)(i) of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3429) struck out
``Director'' and inserted in lieu thereof ``Secretary of Homeland
Security''.
\13\ Sec. 1033(3)(C)(ii) of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3429) struck out
``consultation'' and inserted in lieu thereof ``coordination''.
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SEC. 1415.\14\ TESTING OF PREPAREDNESS FOR EMERGENCIES INVOLVING
NUCLEAR, RADIOLOGICAL, CHEMICAL, AND BIOLOGICAL
WEAPONS.
(a) Emergencies Involving Nuclear, Radiological, Chemical,
Or \15\ Biological Weapons.--(1) The Secretary of Homeland
Security \16\ shall develop and carry out a program for testing
and improving the responses of Federal, State, and local
agencies to emergencies involving nuclear, radiological,
biological, and \17\ chemical weapons and related materials.
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\14\ 50 U.S.C. 2315.
\15\ Sec. 1032(a)(1) of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3428) struck out
``Chemical Or'' (``Chemical or'' as actually enrolled) and inserted in
lieu thereof ``Nuclear, Radiological, Chemical, Or''.
\16\ Sec. 1032(a)(2)(A) of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3428) struck out
``Secretary of Defense'' and inserted in lieu thereof ``Secretary of
Homeland Security''.
\17\ Sec. 1032(a)(2)(B) of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3428) struck out
``biological weapons and related materials and emergencies involving''
and inserted in lieu thereof ``nuclear, radiological, biological,
and''.
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(2) The program shall include exercises to be carried out
in accordance with sections 102(c) and 430(c)(1) of the
Homeland Security Act of 2002 (6 U.S.C. 112(c), 238(c)(1)).\18\
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\18\ Sec. 1032(a)(3) of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3428) struck out
``during each of fiscal years 1997 through 2013'' and inserted in lieu
thereof ``in accordance with sections 102(c) and 430(c)(1) of the
Homeland Security Act of 2002 (6 U.S.C. 112(c), 238(c)(1))''.
Previously, sec. 3154(a)(1) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat.
2738) struck out ``of five successive fiscal years beginning with
fiscal year 1997'' and inserted in lieu thereof ``of fiscal years 1997
through 2013''. Sec. 3154(b) of that Act (50 U.S.C. 2315 note) provided
the following:
``(b) Construction of Extension With Designation of Attorney
General as Lead Official.--The amendments made by subsection (a) may
not be construed as modifying the designation of the President titled
`Designation of the Attorney General as the Lead Official for the
Emergency Response Assistance Program Under Sections 1412 and 1415 of
the National Defense Authorization Act for Fiscal Year 1997', dated
April 6, 2000, designating the Attorney General to assume programmatic
and funding responsibilities for the Emergency Response Assistance
Program under sections 1412 and 1415 of the Defense Against Weapons of
Mass Destruction Act of 1996 (title XIV of the National Defense
Authorization Act for Fiscal Year 1997).''.
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(3) In developing and carrying out the program, the
Secretary shall coordinate with the Secretary of Defense,\19\
the Director of the Federal Bureau of Investigation,\19\ the
Secretary of Energy, and the heads of any other Federal, State,
and local government agencies that have an expertise or
responsibilities relevant to emergencies described in paragraph
(1).
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\19\ Sec. 1032(a)(4)(A) of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3428) inserted
``the Secretary of Defense,'' before ``the Director of the Federal
Bureau of Investigation''. Sec. 1032(a)(4)(B) of that Act struck out
``the Director of the Federal Emergency Management Agency,'' after
``the Director of the Federal Bureau of Investigation''.
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(b) \20\ Annual Revisions of Programs.--The Secretary of
Homeland Security shall revise the program developed under
subsection (a) \21\ not later than June 1 in each fiscal year
covered by the program. The revisions shall include adjustments
that the Secretary \22\ determines necessary or appropriate on
the basis of the lessons learned from the exercise or exercises
carried out under the program in the fiscal year, including
lessons learned regarding coordination problems and equipment
deficiencies.
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\20\ Sec. 1032(b) and (c)(1) of the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3428) struck
out former subsec. (b) and redesignated subsec. (c) as subsec. (b).
Former subsec. (b), as amended, had read as follows:
``(b) Emergencies Involving Nuclear and Radiological Weapons.--(1)
The Secretary of Energy shall develop and carry out a program for
testing and improving the responses of Federal, State, and local
agencies to emergencies involving nuclear and radiological weapons and
related materials.
``(2) The program shall include exercises to be carried out during
each of fiscal years 1997 through 2013.
``(3) In developing and carrying out the program, the Secretary
shall coordinate with the Director of the Federal Bureau of
Investigation, the Director of the Federal Emergency Management Agency,
the Secretary of Defense, and the heads of any other Federal, State,
and local government agencies that have an expertise or
responsibilities relevant to emergencies described in paragraph (1).''.
Sec. 1032(d) of that Act struck out subsecs. (d) and (e), which had
read as follows:
``(d) Option To Transfer Responsibility.--(1) The President may
designate the head of an agency outside the Department of Defense to
assume the responsibility for carrying out the program developed under
subsection (a) beginning on or after October 1, 1999, and relieve the
Secretary of Defense of that responsibility upon the assumption of the
responsibility by the designated official.
``(2) The President may designate the head of an agency outside the
Department of Energy to assume the responsibility for carrying out the
program developed under subsection (b) beginning on or after October 1,
1999, and relieve the Secretary of Energy of that responsibility upon
the assumption of the responsibility by the designated official.
``(e) Funding.--Of the total amount authorized to be appropriated
under section 301, $15,000,000 is available for the development and
execution of the programs required by this section, including the
participation of State and local agencies in exercises carried out
under the programs.''.
\21\ Sec. 1032(c)(2)(A) of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3428) struck out
``The official responsible for carrying out a program developed under
subsection (a) or (b) shall revise the program'' and inserted in lieu
thereof ``The Secretary of Homeland Security shall revise the program
developed under subsection (a)''.
\22\ Sec. 1032(c)(2)(B) of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3428) struck out
``the official'' and inserted in lieu thereof ``the Secretary''.
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SEC. 1416. MILITARY ASSISTANCE TO CIVILIAN LAW ENFORCEMENT OFFICIALS IN
EMERGENCY SITUATIONS INVOLVING BIOLOGICAL OR
CHEMICAL WEAPONS.
(a) Assistance Authorized.--(1) Chapter 18 of title 10,
United States Code, is amended by adding at the end the
following new section: * * * \23\
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\23\ Sec. 1416 added a new sec. 382 to 18 U.S.C., relating to
[domestic] emergency situations involving chemical or biological
weapons of mass destruction. For text, see Legislation on Foreign
Relations Through 2005, vol. I-B.
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(b) Conforming Amendment to Condition for Providing
Equipment and Facilities.--Section 372(b)(1) of title 10,
United States Code, is amended by adding at the end the
following new sentence: * * * \24\
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\24\ For text, see Legislation on Foreign Relations Through 2005,
vol. I-B.
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(c) Conforming Amendments Relating to Authority To Request
Assistance.--(1)(A) Chapter 10 of title 18, United States Code,
is amended by inserting after section 175 the following new
section: * * * \25\
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\25\ Subsec. (c)(1)(A) added a new sec. 175a to 10 U.S.C., relating
to requests for military assistance to enforce prohibition in certain
[domestic] emergencies involving a biological weapon of mass
destruction.
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(2)(A) The chapter 133B of title 18, United States Code,
that relates to terrorism is amended by inserting after s