[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





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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.''.
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    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:
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    \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.
---------------------------------------------------------------------------
    \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--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    Sec. 26.\19\ [Repealed--1998]
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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\
---------------------------------------------------------------------------
    \38\ Sec. 4 of Public Law 97-339 inserted the words ``and of all 
aspects of antisatellite activities''.
---------------------------------------------------------------------------
          (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;
---------------------------------------------------------------------------
    \39\ Sec. 719(c)(3) of Public Law 103-236 (108 Stat. 501) inserted 
``, nonproliferation,'' after ``arms control''.
---------------------------------------------------------------------------
          (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\
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
          (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--
---------------------------------------------------------------------------
    \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
---------------------------------------------------------------------------
    \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--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    Sec. 43.\92\ [Repealed--1998]
---------------------------------------------------------------------------
    \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\
---------------------------------------------------------------------------
    \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.''.
---------------------------------------------------------------------------
    Sec. 45.\98\ [Repealed--1998]
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    Sec. 46.\99\ [Repealed--1998]
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    Sec. 47.\100\ [Repealed--1998]
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    Sec. 48.\101\ [Repealed--1998]
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    Sec. 49.\102\ [Repealed--1998]
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    Sec. 50.\103\ [Repealed--1998]
---------------------------------------------------------------------------
    \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,
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    \129\ Sec. 401(d)(2) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2324) struck out ``Soviet'' at this point.
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                  (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;
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    \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.
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    \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)''.
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    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''.
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                              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.
---------------------------------------------------------------------------

              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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 2652c.
---------------------------------------------------------------------------
    (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
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
                  (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.
---------------------------------------------------------------------------
    \5\ 42 U.S.C. 7704 note.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 6723 note.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 2593a note.
    \8\ For chapter 2, see this section, under ``Nonproliferation of 
Weapons of Mass Destruction''.
---------------------------------------------------------------------------

  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.
---------------------------------------------------------------------------
    (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\
---------------------------------------------------------------------------
    \2\ The Arms Control and Disarmament Act (Public Law 87-297), as 
published in this volume, reflects all such amendments at the 
appropriate places.
---------------------------------------------------------------------------

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.-- * * *
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          * * * * * * *
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''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2551 note.
---------------------------------------------------------------------------

              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\

          * * * * * * *
---------------------------------------------------------------------------
    \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\ * * *
---------------------------------------------------------------------------
    \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\ * * *
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

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.
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          * * * * * * *
           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\
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    \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.''.
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          (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.
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    (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.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 5960.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 5961.
---------------------------------------------------------------------------
    (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:
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 5962.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
          (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.--
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
    \10\ 22 U.S.C. 5951 note.
---------------------------------------------------------------------------

   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\
---------------------------------------------------------------------------
    \1\ Title II of the Department of Defense Appropriations Act, 2003 
(Public Law 107-248; 116 Stat. 1526) 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, 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:
---------------------------------------------------------------------------

``(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;

  ``* * *''.

          (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).
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 5952 note.
---------------------------------------------------------------------------
    (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.
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    \3\ 22 U.S.C. 5952 note.
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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\
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    \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.''.
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          (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

    ``(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).''.
---------------------------------------------------------------------------

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).
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 5959.
---------------------------------------------------------------------------
    (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--
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
                  (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
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
                  (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \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)''.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \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).''.
---------------------------------------------------------------------------
    (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\
---------------------------------------------------------------------------
    \1\ 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;

   ``* * *''.

          (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).
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 5952 note.
---------------------------------------------------------------------------
    (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--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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\ --
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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.''.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

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''.
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 5951 note.
---------------------------------------------------------------------------

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:
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 5951.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \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:
---------------------------------------------------------------------------

  ``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.
---------------------------------------------------------------------------

    ``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.
---------------------------------------------------------------------------
    (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).
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 5953.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 5954.
---------------------------------------------------------------------------
    (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--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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);
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
          * * * * * * *

   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.
---------------------------------------------------------------------------
          (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.''.
---------------------------------------------------------------------------
          (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
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------

SEC. 506.\10\ SOVIET WEAPONS DESTRUCTION.

    (a) \11\ Additional Funding.--
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
          (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).
---------------------------------------------------------------------------
    \12\ 22 U.S.C. 5857.
---------------------------------------------------------------------------
    (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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
          (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);
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
                  (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
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    (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.
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          (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.
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    (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.
---------------------------------------------------------------------------

               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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    (b) \5\ Types of Programs.--The programs referred to in 
subsection (a) are limited to--
---------------------------------------------------------------------------
    \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--
---------------------------------------------------------------------------

  ``(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--
---------------------------------------------------------------------------
    \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).''.
---------------------------------------------------------------------------
          (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--
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 5911. Sec. 9110 of the Department of Defense 
Appropriations Act, 1993 (Public Law 102-396; 106 Stat. 1928), 
provided:
---------------------------------------------------------------------------

``(transfer of funds)
---------------------------------------------------------------------------

    ``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):
---------------------------------------------------------------------------

  ``(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.
---------------------------------------------------------------------------

    ``(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.''.
---------------------------------------------------------------------------
          (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\
---------------------------------------------------------------------------
    \8\ For text, see page 165 of this volume.
---------------------------------------------------------------------------
    (b) Technical Revisions to Public Law 102-229.--Public Law 
102-229 is amended-- * * * \9\
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2751 note.
---------------------------------------------------------------------------

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: * * *
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

                  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''.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 2551 note.
---------------------------------------------------------------------------

                 Part B--Findings and Program Authority

SEC. 211. * * * [REPEALED 2007] \4\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \13\ See sec. 108 of H.J. Res. 157 (Public Law 102-229), page 172 
of this volume.
---------------------------------------------------------------------------

                  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]
---------------------------------------------------------------------------

    \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--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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-- * * *
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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. * * *

     
---------------------------------------------------------------------------
    \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
---------------------------------------------------------------------------

    ``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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          * * * * * * *

                      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,
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

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''.
---------------------------------------------------------------------------
    \2\ 6 U.S.C. 101 note.
---------------------------------------------------------------------------
    (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:
---------------------------------------------------------------------------
    \3\ 50 U.S.C. 2901.
---------------------------------------------------------------------------
          (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:
---------------------------------------------------------------------------
    \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:
---------------------------------------------------------------------------
    \5\ 50 U.S.C. 2911.
---------------------------------------------------------------------------
          (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.--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \8\ 50 U.S.C. 2921.
---------------------------------------------------------------------------

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:
---------------------------------------------------------------------------
    \10\ 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.

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'').
---------------------------------------------------------------------------
    \11\ 50 U.S.C. 2931.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------

    \1\ 22 U.S.C. 8101 note.
---------------------------------------------------------------------------
    This title may be cited as the ``United States Additional 
Protocol Implementation Act''.

SEC. 202.\2\ FINDINGS.
---------------------------------------------------------------------------

    \2\ 22 U.S.C. 8101.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------

    \3\ 22 U.S.C. 8102.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------

    \4\ 22 U.S.C. 8103.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------

    \5\ 22 U.S.C. 8111.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------

    \7\ 22 U.S.C. 8121.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------

    \8\ 22 U.S.C. 8122.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------

    \9\ 22 U.S.C. 8123.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------

    \10\ 22 U.S.C. 8124.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \11\ 22 U.S.C. 8131.
---------------------------------------------------------------------------

                        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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------

    \13\ 22 U.S.C. 8142.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------

    \14\ 22 U.S.C. 8143.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------

    \15\ 22 U.S.C. 8151.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------

    \16\ 22 U.S.C. 8152.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------

    \17\ 22 U.S.C. 8154.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------

    \18\ 22 U.S.C. 8161.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------

    \19\ 22 U.S.C. 8162.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------

    \22\ 22 U.S.C. 8173.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------

    \24\ 22 U.S.C. 8175.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------

    \25\ 22 U.S.C. 8181.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------

  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.
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 5951 note.
---------------------------------------------------------------------------

   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.
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 5959 note.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 5951 note.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 1928 note.
---------------------------------------------------------------------------
    (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--
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 6321 note.
---------------------------------------------------------------------------
          (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\
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
    (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--
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2349bb note.
---------------------------------------------------------------------------
          (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.--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

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--
---------------------------------------------------------------------------
    \5\ 8 U.S.C. 1153 note.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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\
---------------------------------------------------------------------------
    \9\ 50 U.S.C. 1701 note.
---------------------------------------------------------------------------
                  (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\
---------------------------------------------------------------------------
    \10\ 22 U.S.C. 2656 note.
---------------------------------------------------------------------------
          (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''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 5952 note.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
          (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''.
---------------------------------------------------------------------------
    \1\ 50 U.S.C. 2301 note.
---------------------------------------------------------------------------

SEC. 1332.\2\ FINDINGS.

    Congress finds that--
---------------------------------------------------------------------------
    \2\ 50 U.S.C. 2357.
---------------------------------------------------------------------------
          (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).
---------------------------------------------------------------------------
    \3\ 50 U.S.C. 2357a.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \4\ 50 U.S.C. 2357b.
---------------------------------------------------------------------------
    (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--
---------------------------------------------------------------------------
    \5\ 50 U.S.C. 2357c.
---------------------------------------------------------------------------
                  (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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    \7\ 50 U.S.C. 2357e.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
          (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).
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    (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--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \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.''.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------
          (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).
---------------------------------------------------------------------------
          (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\
---------------------------------------------------------------------------
    \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.''.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    (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.
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          (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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

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)).
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \9\ 22 U.S.C. 6722.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \10\ 22 U.S.C. 6723.
---------------------------------------------------------------------------
    (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);
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \14\ 22 U.S.C. 6724.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \17\ 22 U.S.C. 6725.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \19\ 22 U.S.C. 6727.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \22\ 22 U.S.C. 6729.
---------------------------------------------------------------------------
    (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--
---------------------------------------------------------------------------
    \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--
---------------------------------------------------------------------------
    \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--
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    \28\ 22 U.S.C. 6745.
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          (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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    (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--
---------------------------------------------------------------------------
    \32\ 22 U.S.C. 6771.
---------------------------------------------------------------------------
          (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''.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

    ``(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.
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
    (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.
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          (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:
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    \3\ 50 U.S.C. 2302.
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          (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--
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    \4\ 50 U.S.C. 2311.
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          (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 section 
2332c the following new section: * * * \26\
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    \26\ Subsec. (c)(2)(A) added a new sec. 2332d to 18 U.S.C. relating 
to requests for military assistance to enforce prohibition in certain 
[domestic] emergencies involving a chemical weapon of mass destruction.
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