[JPRT, 111th Congress]
[From the U.S. Government Publishing Office]
COMMITTEE ON FOREIGN RELATIONS
COMMITTEE ON FOREIGN AFFAIRS
=======================================================================
Legislation on Foreign Relations Through 2008
JOINT COMMITTEE PRINT
JULY 2010
VOLUME II-B
OF VOLUMES II-A AND II-B
CURRENT LEGISLATION AND
RELATED EXECUTIVE ORDERS
U.S. Senate
U.S. House of Representatives
COMMITTEE ON FOREIGN RELATIONS
COMMITTEE ON FOREIGN AFFAIRS
=======================================================================
Legislation on
Foreign Relations
Through 2008
JULY 2010
VOLUME II-B
OF VOLUMES II-A AND II-B
CURRENT LEGISLATION AND
RELATED EXECUTIVE ORDERS
U.S. Senate
U.S. House of Representatives
Printed for the use of the Committees on Foreign Relations and Foreign
Affairs of the Senate and the House of Representatives respectively
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 2010
54-608 PS
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COMMITTEE ON FOREIGN RELATIONS
JOHN F. KERRY, Massachusetts, Chairman
CHRISTOPHER J. DODD, Connecticut RICHARD G. LUGAR, Indiana
RUSSELL D. FEINGOLD, Wisconsin BOB CORKER, Tennessee
BARBARA BOXER, California JOHNNY ISAKSON, Georgia
ROBERT MENENDEZ, New Jersey JAMES E. RISCH, Idaho
BENJAMIN L. CARDIN, Maryland JIM DeMINT, South Carolina
ROBERT P. CASEY, Jr., Pennsylvania JOHN BARRASSO, Wyoming
JIM WEBB, Virginia ROGER F. WICKER, Mississippi
JEANNE SHAHEEN, New Hampshire JAMES M. INHOFE, Oklahoma
EDWARD E. KAUFMAN, Delaware
KIRSTEN E. GILLIBRAND, New York
Frank G. Lowenstein, Staff Director
Kenneth A. Myers, Jr., Republican Staff Director
______
COMMITTEE ON FOREIGN AFFAIRS
HOWARD L. BERMAN, California, Chairman
GARY L. ACKERMAN, New York ILEANA ROS-LEHTINEN, Florida
ENI F.H. FALEOMAVAEGA, American CHRISTOPHER H. SMITH, New Jersey
Samoa DAN BURTON, Indiana
DONALD M. PAYNE, New Jersey ELTON GALLEGLY, California
BRAD SHERMAN, California DANA ROHRABACHER, California
ELIOT L. ENGEL, New York DONALD A. MANZULLO, Illinois
BILL DELAHUNT, Massachusetts EDWARD R. ROYCE, California
GREGORY W. MEEKS, New York RON PAUL, Texas
DIANE E. WATSON, California JEFF FLAKE, Arizona
RUSS CARNAHAN, Missouri MIKE PENCE, Indiana
ALBIO SIRES, New Jersey JOE WILSON, South Carolina
GERALD E. CONNOLLY, Virginia JOHN BOOZMAN, Arkansas
MICHAEL E. McMAHON, New York J. GRESHAM BARRETT, South Carolina
THEODORE E. DEUTCH, Florida CONNIE MACK, Florida
JOHN S. TANNER, Tennessee JEFF FORTENBERRY, Nebraska
GENE GREEN, Texas MICHAEL T. McCAUL, Texas
LYNN WOOLSEY, California TED POE, Texas
SHEILA JACKSON LEE, Texas BOB INGLIS, South Carolina
BARBARA LEE, California GUS BILIRAKIS, Florida
SHELLEY BERKLEY, Nevada
JOSEPH CROWLEY, New York
MIKE ROSS, Arkansas
BRAD MILLER, North Carolina
DAVID SCOTT, Georgia
JIM COSTA, California
KEITH ELLISON, Minnesota
GABRIELLE GIFFORDS, Arizona
RON KLEIN, Florida
Richard J. Kessler, Staff Director
Yleem Poblete, Republican Staff Director
(ii)
FOREWORD
----------
This volume of legislation and related material is part of
a five volume set of laws and related material frequently
referred to by the Committees on Foreign Relations of the
Senate and Foreign Affairs of the House of Representatives,
amended to date and annotated to show pertinent history or
cross references.
Volumes I (A and B), II (A and B), III and IV contain
legislation and related material and are republished with
amendments and additions on a regular basis. Volume V, which
contains treaties and related material, was last updated
through 2005.
We wish to express our appreciation to Matthew C. Weed of
the Foreign Affairs, Defense, and Trade Division of the
Congressional Research Service of the Library of Congress and
Suzanne Kayne of the U.S. Government Printing Office who
prepared volume II-B of this year's compilation.
John F. Kerry,
Chairman, Committee on Foreign Relations.
Howard L. Berman,
Chairman, Committee on Foreign Affairs.
July 23, 2010.
(iii)
?
EXPLANATORY NOTE
----------
The body of statutory law set out in this volume was in
force, as amended, at the end of 2008.
This volume sets out ``session law'' as originally enacted
by Congress and published by the Archivist of the United States
as ``slip law'' and later in the series United States Statutes
at Large (as subsequently amended, if applicable). Amendments
are incorporated into the text and distinguished by a footnote.
Session law is organized in this series by subject matter in a
manner designed to meet the needs of the Congress.
Although laws enacted by Congress in the area of foreign
relations are also codified by the Law Revision Counsel of the
House of Representatives, typically in title 22 United States
Code, those codifications are not positive law and are not, in
most instances, the basis of further amendment by the Congress.
Cross references to the United States Code are included as
footnotes for the convenience of the reader.
All Executive orders and State Department delegations of
authority are codified and in force as of December 30, 2008.
Corrections may be sent to Matthew C. Weed at Library of
Congress, Congressional Research Service, Washington D.C.,
20540-7460, or by e-mail at [email protected].
(v)
ABBREVIATIONS
----------
Bevans...................................... Treaties and Other
International Agreements
of the United States of
America, 1776-1949,
compiled under the
direction of Charles I.
Bevans.
CFR......................................... Code of Federal
Regulations.
EAS......................................... Executive Agreement
Series.
F.R......................................... Federal Register.
LNTS........................................ League of Nations Treaty
Series.
I Malloy, II Malloy......................... Treaties, Conventions,
International Acts,
Protocols, and Agreements
Between the United States
of America and Other
Powers, 1776-1909,
compiled under the
direction of the United
States Senate by William
M. Malloy.
Stat........................................ United States Statutes at
Large.
TIAS........................................ Treaties and Other
International Acts
Series.
TS.......................................... Treaty Series.
UNTS........................................ United Nations Treaty
Series.
U.S.C....................................... United States Code.
UST......................................... United States Treaties and
Other International
Agreements.
(vi)
C O N T E N T S
----------
Page
FOREWORD......................................................... iii
EXPLANATORY NOTE................................................. v
ABBREVIATIONS.................................................... vi
F. ARMS CONTROL AND DISARMAMENT.................................. 1
1. Arms Control and Disarmament Act, as amended (Public Law 87-
297)......................................................... 5
2. Arms Control and Disarmament Authorization--Prior Years...... 28
3. Cooperative Threat Reduction................................. 47
4. Nonproliferation of Weapons of Mass Destruction.............. 178
5. Arms Control and Nonproliferation Provisions in National
Defense Authorization Acts................................... 530
G. WAR POWERS, COLLECTIVE SECURITY, AND RELATED MATERIAL......... 725
1. War Powers................................................... 727
2. American Servicemembers' Protection Act of 2002 (Public Law
107-206)..................................................... 783
3. Cuban Resolution (Public Law 87-733)......................... 795
4. Middle East Resolutions and Related Material................. 796
5. Tonkin Gulf Resolution (Public Law 88-408) (repealed)........ 806
6. National Commitment (Senate Resolution 85, 91st Congress).... 808
7. North Atlantic Alliance...................................... 809
8. Taiwan Relations............................................. 837
9. Panama Canal................................................. 855
H. UNITED NATIONS AND OTHER INTERNATIONAL ORGANIZATIONS.......... 925
1. United Nations Participation Act of 1945, as amended (Public
Law 79-264).................................................. 927
2. Department of State Authorization Act, Fiscal Year 2003
(Public Law 107-228 (partial text)........................... 945
3. United Nations Reform Act of 1999 (Public Law 106-113)
(partial text)............................................... 949
4. United Nations Headquarters Agreement Act (Public Law 80-357)
(partial text)............................................... 961
5. U.S. Participation in Certain International Organizations
(Public Law 81-806) (partial text)........................... 965
6. Appropriations Limitation on Contributions to International
Organizations (Public Law 92-544) (partial text)............. 966
7. U.N. Provisions in Foreign Relations Authorization Acts...... 968
8. United Nations Peacekeeping Forces in the Middle East (Public
Law 94-37)................................................... 969
9. Response to United Nations Resolution on Zionism............. 970
10. United Nations Environment Program Participation Act of 1973
(Public Law 93-188).......................................... 971
11. Support of Peaceful Settlement of Disputes (Executive Order
10206)....................................................... 972
12. Privileges and Immunities.................................... 973
13. Relating to International Agreements on Children............. 1017
APPENDICES....................................................... 1049
INDEX............................................................ 1097
(vii)
=======================================================================
F. ARMS CONTROL AND DISARMAMENT
CONTENTS
Page
1. Arms Control and Disarmament Act, as amended (Public Law 87-2975
2. Arms Control and Disarmament Authorization--Prior Years.......28
a. Arms Control and Nonproliferation Authorization--Fiscal
Year 2003 (Public Law 107-228) (partial text).......... 28
b. Arms Control and Nonproliferation Act of 1999 (Public
Law 106-113) (partial text)............................ 30
c. Arms Control and Disarmament Agency Authorization,
Fiscal Year 1999 (Public Law 105-277) (partial text)... 36
d. Arms Control and Nonproliferation Act of 1994 (Public
Law 103-236) (partial text)............................ 37
e. Arms Control and Disarmament Act Authorization for
Fiscal Years 1990 and 1991 (Public Law 101-216)
(partial text)......................................... 39
f. Arms Control and Disarmament Act Authorization for
Fiscal Years 1988 and 1989 (Public Law 100-213)
(partial text)......................................... 41
g. Arms Control and Disarmament Act Authorization for
Fiscal Years 1986 and 1987 (Public Law 99-93) (partial
text).................................................. 43
3. Cooperative Threat Reduction..................................47
a. Cooperative Threat Reduction, Fiscal Year 2009 (Public
Law 110-417) (partial text)............................ 47
b. Cooperative Threat Reduction Appropriations, 2009
(Public Law 110-329) (partial text).................... 50
c. Cooperative Threat Reduction, Fiscal Year 2008 (Public
Law 110-181) (partial text)............................ 51
d. Cooperative Threat Reduction Authorization in Response
to 9/11 Commission Recommendations, Fiscal Year 2008
(Public Law 110-53) (partial text)..................... 58
e. Cooperative Threat Reduction, Fiscal Year 2007 (Public
Law 109-364) (partial text)............................ 61
f. Cooperative Threat Reduction, Fiscal Year 2006 (Public
Law 109-163) (partial text)............................ 65
g. Cooperative Threat Reduction, Fiscal Year 2005 (Public
Law 108-375) (partial text)............................ 69
h. Cooperative Threat Reduction, Fiscal Year 2004 (Public
Law 108-136) (partial text)............................ 72
i. Cooperative Threat Reduction, Fiscal Year 2003 (Public
Law 107-314) (partial text)............................ 81
j. Cooperative Threat Reduction, Fiscal Year 2002 (Public
Law 107-107) (partial text)............................ 89
k. Cooperative Threat Reduction, Fiscal Year 2001 (Public
Law 106-398) (partial text)............................ 94
l. Cooperative Threat Reduction, Fiscal Year 2000 (Public
Law 106-65) (partial text)............................. 104
m. Cooperative Threat Reduction, Fiscal Year 1999 (Public
Law 105-261) (partial text)............................ 110
n. Cooperative Threat Reduction, Fiscal Year 1998 (Public
Law 105-85) (partial text)............................. 118
o. Cooperative Threat Reduction, Fiscal Year 1997 (Public
Law 104-201) (partial text)............................ 124
p. Cooperative Threat Reduction, Fiscal Year 1996 (Public
Law 104-106) (partial text)............................ 129
q. Cooperative Threat Reduction, Fiscal Year 1995 (Public
Law 103-337) (partial text)............................ 135
r. Cooperative Threat Reduction Act of 1993 (Public Law
103-160) (partial text)................................ 142
s. Freedom for Russia and Emerging Eurasian Democracies and
Open Markets Support Act of 1992 (FREEDOM Support Act)
(Public Law 102-511) (partial text).................... 149
t. Former Soviet Union Demilitarization Act of 1992 (Public
Law 102-484) (partial text)............................ 161
u. Conventional Forces in Europe Treaty Implementation Act
of 1991 (Public Law 102-228) (partial text)............ 166
v. Soviet Nuclear Threat Reduction--Appropriations, Fiscal
Year 1992 (Public Law 102-229) (partial text).......... 173
4. Nonproliferation of Weapons of Mass Destruction..............178
a. Implementing Recommendations of the 9/11 Commission
Concerning Nonproliferation and Terrorism (Public Law
110-53) (partial text)................................. 178
b. United States Additional Protocol Implementation Act
(Public Law 109-401) (partial text).................... 193
c. Iran Nonproliferation Amendments Act of 2005 (Public Law
109-112) (partial text)................................ 206
d. Nuclear Security Initiative Act of 2003 (Public Law 108-
136) (partial text).................................... 209
e. Nonproliferation and Export Control Assistance, 2003
(Public Law 107-228) (partial text).................... 214
f. Russian Federation Debt Reduction for Nonproliferation
Act of 2002 (Public Law 107-228) (partial text)........ 221
g. Nonproliferation Assistance Coordination Act of 2002
(Public Law 107-228) (partial text).................... 228
h. Iran Nuclear Proliferation Prevention Act of 2002
(Public Law 107-228) (partial text).................... 232
i. Miscellaneous Nonproliferation Provisions in Foreign
Relations Authorization Act, Fiscal Year 2003 (Public
Law 107-228) (partial text)............................ 234
j. Iran, North Korea, and Syria Nonproliferation Act
(Public Law 106-178)................................... 238
k. National Security and Corporate Fairness Under the
Biological Weapons Convention Act (Public Law 106-113)
(partial text)......................................... 250
l. Proliferation Prevention Enhancement Act of 1999 (Public
Law 106-113) (partial text)............................ 257
m. National Missile Defense Act of 1999 (Public Law 106-38) 261
n. Chemical Weapons Convention Implementation Act of 1998
(Public Law 105-277) (partial text).................... 262
o. Defense Against Weapons of Mass Destruction Act of 1998
(Public Law 105-261) (partial text).................... 296
p. Combatting Proliferation of Weapons of Mass Destruction
Act of 1996 (Public Law 104-293) (partial text)........ 300
q. Defense Against Weapons of Mass Destruction Act of 1996
(Public Law 104-201) (partial text).................... 308
r. Nuclear Proliferation Prevention Act of 1994 (Public Law
103-236) (partial text)................................ 324
s. Weapons of Mass Destruction Control Act of 1992 (Public
Law 102-484) (partial text)............................ 337
t. Iran-Iraq Arms Non-Proliferation Act of 1992 (Public Law
102-484) (partial text)................................ 344
u. Chemical and Biological Weapons Control and Warfare
Elimination Act of 1991 (Public Law 102-182) (partial
text).................................................. 349
v. Executive Orders Concerning Nonproliferation of Weapons
of Mass Destruction.................................... 359
(1) Renunciation of Certain Uses in War of Chemical
Herbicides and Riot Control Agents (Executive
Order 11850)..................................... 359
(2) Administration of Proliferation Sanctions, Middle
East Arms Control, and Related Congressional
Reporting Responsibilities (Executive Order
12851)........................................... 361
(3) Proliferation of Weapons of Mass Destruction
(Executive Order 12938).......................... 365
(4) Implementation of the Chemical Weapons Convention
and the Chemical Weapons Convention
Implementation Act (Executive Order 13128)....... 371
(5) Blocking Property of the Government of the
Russian Federation Relating to the Disposition of
Highly Enriched Uranium Extracted From Nuclear
Weapons (Executive Order 13159).................. 373
(6) Blocking Property of Weapons of Mass Destruction
Proliferators and Their Supporters (Executive
Order 13382)..................................... 376
(7) Implementation of the Protocol Additional to the
Agreement Between the United States and the
International Atomic Energy Agency for the
Application of Safeguards in the United States of
America (Executive Order 13458).................. 379
w. Nuclear Non-Proliferation Act of 1978 and Related
Materials.............................................. 380
(1) Nuclear Non-Proliferation Act of 1978 (Public Law
95-242) (partial text)........................... 380
(2) Functions Relating to Nuclear Non-Proliferation
(Executive Order 12058).......................... 398
(3) Export of Nuclear Material....................... 400
(A) U.S. Exports of Low-Enriched Uranium Fuel
(Public Law 96-280).......................... 400
(B) Export of Special Nuclear Material and
Components to India (Executive Order 12218).. 401
(C) Export of Special Nuclear Material to India
(Executive Order 12055)...................... 402
(4) Department of Energy Act of 1978--Civilian
Applications (Public Law 95-238) (partial text).. 403
x. Atomic Energy Act and Related Materials................. 405
(1) Atomic Energy Act of 1954, as amended (Public Law
83-703) (partial text)........................... 405
(2) United States-India Nuclear Cooperation Approval
and Nonproliferation Enhancement Act (Public Law
110-369) (partial text).......................... 477
(3) United States and India Nuclear Cooperation
(Public Law 109-401) (partial text).............. 482
(4) North Korea Threat Reduction Act of 1999 (Public
Law 106-113) (partial text)...................... 500
(5) USEC Privatization Act (Public Law 104-134)
(partial text)................................... 502
(6) Establishment of the Enrichment Oversight
Committee (Executive Order 13085)................ 510
(7) EURATOM Cooperation Act of 1958, as amended
(Public Law 85-846).............................. 514
(8) Agreement for Nuclear Cooperation Between the
United States and China (Public Law 99-183)...... 519
(9) International Atomic Energy Agency Participation
Act of 1957, as amended (Public Law 85-177)
(partial text)................................... 521
y. Executive Orders Concerning International Atomic Energy
Cooperation............................................ 526
(1) Authorization for the Communication of Restricted
Data by the Department of State (Executive Order
11057)........................................... 526
(2) Authorization for the Communication of Restricted
Data by the Central Intelligence Agency
(Executive Order 10899).......................... 527
(3) Providing for the Carrying Out of Certain
Provisions of the Atomic Energy Act of 1954, as
amended, Relating to International Cooperation
(Executive Order 10841).......................... 528
5. Arms Control and Nonproliferation Provisions in National Defense
Authorization Acts..............................................530
a. Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (Public Law 110-417) (partial text)... 530
b. National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181) (partial text).................... 538
c. John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-364) (partial text)... 544
d. National Defense Authorization Act for Fiscal Year 2006
(Public Law 109-163) (partial text).................... 550
e. Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005 (Public Law 108-375) (partial text)... 553
f. National Defense Authorization Act for Fiscal Year 2004
(Public Law 108-136) (partial text).................... 562
g. Bob Stump National Defense Authorization Act for Fiscal
Year 2003 (Public Law 107-314) (partial text).......... 568
h. National Defense Authorization Act for Fiscal Year 2002
(Public Law 107-107) (partial text).................... 574
i. Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (Public Law 106-398) (partial text)... 580
j. National Defense Authorization Act for Fiscal Year 2000
(Public Law 106-65) (partial text)..................... 587
k. Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (Public Law 105-261) (partial text)... 599
l. National Defense Authorization Act for Fiscal Year 1998
(Public Law 105-85) (partial text)..................... 612
m. National Defense Authorization Act for Fiscal Year 1997
(Public Law 104-201) (partial text).................... 625
n. National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106) (partial text).................... 637
o. National Defense Authorization Act for Fiscal Year 1995
(Public Law 103-337) (partial text).................... 644
p. National Defense Authorization Act for Fiscal Year 1994
(Public Law 103-160) (partial text).................... 651
q. National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484) (partial text).................... 666
r. National Defense Authorization Act for Fiscal Years 1992
and 1993 (Public Law 102-190) (partial text)........... 674
s. National Defense Authorization Act for Fiscal Year 1991
(Public Law 101-510) (partial text).................... 677
t. National Defense Authorization Act for Fiscal Years 1990
and 1991 (Public Law 101-189) (partial text)........... 682
u. National Defense Authorization Act, Fiscal Year 1989
(Public Law 100-456) (partial text).................... 694
v. National Defense Authorization Act for Fiscal Years 1988
and 1989 (Public Law 100-180) (partial text)........... 701
w. Department of Defense Authorization Act, 1987 (Public
Law 99-661) (partial text)............................. 707
x. Department of Defense Authorization Act, 1986 (Public
Law 99-145) (partial text)............................. 711
y. Department of Defense Authorization Act, 1985 (Public
Law 98-525) (partial text)............................. 716
=======================================================================
1. Arms Control and Disarmament Act, as amended
CONTENTS
Page
Title I--Short Title, Purpose, and Definitions................... 6
Section 101--Short Title..................................... 6
Section 102--Purpose......................................... 6
Section 103--Definitions..................................... 8
Title II--Special Representatives and Visiting Scholars.......... 8
Section 201--Presidential Special Representatives............ 9
Section 202--Program for Visiting Scholars................... 9
Title III--Functions............................................. 10
Section 301--Research........................................ 10
Section 302--Patents......................................... 12
Section 303--Policy Formulation.............................. 12
Section 304--Negotiation Management.......................... 13
Section 305--Arms Control Information........................ 14
Section 306--Verification of Compliance...................... 14
Section 307--Negotiating Records............................. 16
Section 308--Comprehensive Compilation of Arms Control and
Disarmament Studies........................................ 16
Title IV--General Provisions..................................... 17
Section 401--General Authority............................... 17
Section 402--Dual Compensation Laws.......................... 20
Section 403--Annual Report to Congress....................... 21
Section 404--Public Annual Report on World Military
Expenditures and Arms Transfers............................ 24
Title V--On-Site Inspection Activities........................... 24
Section 501--Findings........................................ 24
Section 502--Policy Coordination Concerning Implementation of
On-Site Inspection Provisions.............................. 25
Section 503--Review of Certain Reprogramming Notifications... 26
Section 504--Definitions..................................... 26
1. Arms Control and Disarmament Act, as amended
Public Law 87-297 [H.R. 9118], 75 Stat. 631, approved September 26,
1961; as amended by Public Law 88-186 [S. 777], 77 Stat. 341, approved
November 26, 1963; Public Law 88-426 [H.R. 11049], 78 Stat. 400,
approved August 14, 1964; Public Law 88-448 [H.R. 7381], 78 Stat. 484,
approved August 19, 1964; Public Law 89-27 [H.R. 2998], 79 Stat. 118,
approved May 27, 1965; Public Law 90-314 [H.R. 14940], 82 Stat. 129,
approved May 23, 1968; Public Law 91-246 [S. 3544], 84 Stat. 270,
approved May 12, 1970; Public Law 92-352 [H.R. 14734], 86 Stat. 489,
approved July 13, 1972; Public Law 93-332 [H.R. 12799], 88 Stat. 289,
approved July 8, 1974; Public Law 94-141 [S. 1517], 89 Stat. 756,
approved November 29, 1975; Public Law 95-108 [H.R. 6179], 91 Stat.
871, approved August 17, 1977; Public Law 95-338 [H.R. 11832], 92 Stat.
458, approved August 8, 1978; Public Law 96-66 [H.R. 2774], 93 Stat.
414, approved September 21, 1979; Public Law 96-465 [H.R. 6790], 94
Stat. 2071 at 2159, approved October 17, 1980; Public Law 97-339 [H.R.
3467], 96 Stat. 1635, approved October 15, 1982; Public Law 98-202
[H.R. 2906], 97 Stat. 1381, approved December 2, 1983; Public Law 99-93
[H.R. 2068], 99 Stat. 405, approved August 16, 1985; Public Law 99-550
[H.R. 3641], 100 Stat. 3067, approved October 27, 1986; Public Law 100-
213 [H.R. 2689], 101 Stat. 1444, approved December 24, 1987; Public Law
101-216 [H.R. 1495], 103 Stat. 1853, approved December 11, 1989; Public
Law 102-228 [H.R. 3807], 105 Stat. 1691, approved December 12, 1991;
Public Law 103-199 [H.R. 3000], 107 Stat. 2317, approved December 17,
1993; Public Law 103-236 [H.R. 2333], 108 Stat. 382, approved April 30,
1994; Public Law 105-277 [H.R. 4328], 112 Stat. 2681, approved October
21, 1998; Public Law 106-113 [H.R. 3194], 113 Stat. 1501, approved
November 29, 1999; and Public Law 107-228 [H.R. 1646], 116 Stat. 1350,
approved September 30, 2002
AN ACT To establish a United States Arms Control and Disarmament
Agency.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
TITLE I--SHORT TITLE, PURPOSE, AND DEFINITIONS
short title
Section 101.\1\ This Act may be cited as the ``Arms Control
and Disarmament Act''.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 2551 note. Redesignated from sec. 1 by sec. 1223(21)
of the Foreign Affairs Agencies Consolidation Act of 1998 (subdivision
A of division G of Public Law 105-277; 112 Stat. 2681-772).
---------------------------------------------------------------------------
purpose
Sec. 102.\2\ An ultimate goal of the United States is a
world which is free from the scourge of war and the dangers and
burdens of armaments; in which the use of force has been
subordinated to the rule of law; and in which international
adjustments to a changing world are achieved peacefully. It is
the purpose of this Act to provide impetus toward this goal by
addressing \3\ the problem of reduction and control of
armaments looking toward ultimate world disarmament.\4\
---------------------------------------------------------------------------
\2\ 22 U.S.C. 2551. Redesignated from sec. 2 by sec. 1223(21) of
the Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A
of division G of Public Law 105-277; 112 Stat. 2681-772).
\3\ Sec. 1223(1)(A) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-768) struck out ``creating a new agency of peace to deal
with'' and inserted in lieu thereof ``addressing''.
\4\ Sec. 1223(1)(B) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-768) struck out an undesignated paragraph following this
paragraph, which read as follows:
``Arms control, nonproliferation, and disarmament policy, being an
important aspect of foreign policy, must be consistent with national
security policy as a whole. The formulation and implementation of
United States arms control, nonproliferation, and disarmament policy in
a manner which will promote the national security can best be insured
by a central organization charged by statute with primary
responsibility for this field. This organization must have such a
position within the Government that it can provide the President, the
Secretary of State, other officials of the executive branch, and the
Congress with recommendations concerning United States arms control,
nonproliferation, and disarmament policy, and can assess the effect of
these recommendations upon our foreign policies, our national security
policies, and our economy.''.
---------------------------------------------------------------------------
The Secretary of State \5\ must have the capacity to
provide the essential scientific, economic, political,
military, psychological, and technological information upon
which realistic arms control, nonproliferation, \6\ and
disarmament policy must be based. The Secretary shall have the
authority, under the direction of the President, \7\ to carry
out the following primary functions:
---------------------------------------------------------------------------
\5\ Sec. 1223(1)(C)(i) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-768) struck out ``This organization'' and
inserted in lieu thereof ``The Secretary of State''.
\6\ Sec. 719(a)(2) of Public Law 103-236 (108 Stat. 501) inserted
``, nonproliferation'' after ``arms control''.
\7\ Sec. 144 of Public Law 94-141 struck out ``It must be able''
and inserted ``It shall have the authority, under the direction of the
President and the Secretary of State,''. Sec. 1223(1)(C)(ii) of the
Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A of
division G of Public Law 105-277; 112 Stat. 2681-768) subsequently
struck out ``It shall have'' and inserted in lieu thereof ``The
Secretary shall have'', and struck out ``and the Secretary of State''
following ``under the direction of the President,''.
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(1) \8\ The preparation for and management of United
States participation in international negotiations and
implementation fora in the arms control,
nonproliferation,\9\ and disarmament field.
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\8\ Sec. 703 of Public Law 103-236 (108 Stat. 491) struck out
subsecs. (a) through (d) and inserted in lieu thereof paras. (1)
through (5). Paras. (a) through (d) had read as follows:
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``(a) The conduct, support, and coordination of research for arms control
and disarmament policy formulation;
``(b) The preparation for and management of United States participation
in international negotiations in the arms control and disarmament field;
``(c) The dissemination and coordination of public information concerning
arms control and disarmament; and
``(d) The preparation for, operation of, or as appropriate, direction of
United States participation in such control systems as may become part of
United States arms control and disarmament activities.''.
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\9\ Sec. 1223(1)(C)(iv) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-768) inserted ``, nonproliferation,'' after
``arms control''.
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(2) \8\,\10\ The conduct, support, and
coordination of research for arms control,
nonproliferation, and disarmament policy formulation.
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\10\ Sec. 1223(1)(C)(v) and (vi) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-768, 769) struck out para. (2) and redesignated
paras. (3) through (5) as paras. (2) through (4). Former para. (2) read
as follows:
``(2) When directed by the President, the preparation for, and
management of, United States participation in international
negotiations and implementation fora in the nonproliferation field.''.
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(3) \8\,\10\ The preparation for,
operation of, or \11\ direction of, United States
participation in such control systems as may become
part of United States arms control, nonproliferation,
and disarmament activities.
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\11\ Sec. 1223(1)(C)(vii) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-769) struck out ``, as appropriate,'' following
``operation of, or''.
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(4) \8\,\10\ The dissemination and
coordination of public information concerning arms
control, nonproliferation, and disarmament.
definitions
Sec. 103.\12\ As used in this Act--
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\12\ 22 U.S.C. 2552. Sec. 1223(21) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-772) redesignated this section from sec. 3.
Sec. 1223(2) of that Act (112 Stat. 2681-769) struck out subsec. (c) to
this section, which had provided the following:
``(c) The term `Agency' means the United States Arms Control and
Disarmament Agency.''.
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(a) The terms ``arms control'' and ``disarmament''
mean the identification, verification, inspection,
limitation, control, reduction, or elimination, of
armed forces and armaments of all kinds under
international agreement including the necessary steps
taken under such an agreement to establish an effective
system of international control, or to create and
strengthen international organizations for the
maintenance of peace.
(b) The term ``Government agency'' means any
executive department, commission, agency, independent
establishment, corporation wholly or partly owned by
the United States which is an instrumentality of the
United States, or any board, bureau, division, service,
office, officer, authority, administration, or other
establishment in the executive branch of Government.
TITLE II--SPECIAL REPRESENTATIVES AND VISITING SCHOLARS \13\
Sec. 21.\14\ [Repealed--1998]
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\13\ Sec. 1223(3) of the Foreign Affairs Agencies Consolidation Act
of 1998 (subdivision A of division G of Public Law 105-277; 112 Stat.
2681-769) struck out ``ORGANIZATION'' and inserted in lieu thereof
``SPECIAL REPRESENTATIVES AND VISITING SCHOLARS''.
\14\ Formerly at 22 U.S.C. 2561. Sec. 1222 of the Foreign Affairs
Agencies Consolidation Act of 1998 (subdivision A of division G of
Public Law 105-277; 112 Stat. 2681-768) repealed this section, which
pertained to the establishment of the Arms Control and Disarmament
Agency.
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Sec. 22.\15\ [Repealed--1998]
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\15\ Formerly at 22 U.S.C. 2562. Sec. 1222 of the Foreign Affairs
Agencies Consolidation Act of 1998 (subdivision A of division G of
Public Law 105-277; 112 Stat. 2681-768) repealed this section, which
pertained to the appointment and duties of the Director.
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Sec. 23.\16\ [Repealed--1998]
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\16\ Formerly at 22 U.S.C. 2563. Sec. 1222 of the Foreign Affairs
Agencies Consolidation Act of 1998 (subdivision A of division G of
Public Law 105-277; 112 Stat. 2681-768) repealed this section, which
pertained to the appointment and duties of the Deputy Director.
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Sec. 24.\17\ [Repealed--1998]
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\17\ Formerly at 22 U.S.C. 2564. Sec. 1222 of the Foreign Affairs
Agencies Consolidation Act of 1998 (subdivision A of division G of
Public Law 105-277; 112 Stat. 2681-768) repealed this section, which
pertained to the appointment and duties of four Assistant Directors.
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Sec. 25.\18\ [Repealed--1998]
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\18\ Formerly at 22 U.S.C. 2565. Sec. 1222 of the Foreign Affairs
Agencies Consolidation Act of 1998 (subdivision A of division G of
Public Law 105-277; 112 Stat. 2681-768) repealed this section, which
pertained to bureaus, offices, and divisions within ACDA.
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Sec. 26.\19\ [Repealed--1998]
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\19\ Formerly at 22 U.S.C. 2566. Sec. 1222 of the Foreign Affairs
Agencies Consolidation Act of 1998 (subdivision A of division G of
Public Law 105-277; 112 Stat. 2681-768) repealed this section, which,
as amended, pertained to establishment of a Scientific and Policy
Advisory Committee.
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presidential special representatives
Sec. 201.\20\ The President may appoint, by and with the
advice and consent of the Senate, Special Representatives of
the President for arms control, nonproliferation, and
disarmament matters. Each Presidential Special Representative
shall hold the rank of ambassador.\21\ Presidential Special
Representatives appointed under this section shall perform
their duties and exercise their powers under the direction of
the President and the Secretary of State.\22\ The Department of
State \23\ shall be the Government agency responsible for
providing administrative support, including funding, staff, and
office space, to all Presidential Special Representatives.
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\20\ 22 U.S.C. 2567. Sec. 1223(21) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-772) redesignated this section from sec. 27.
Sec. 2(a) of Public Law 95-108 originally added this section, and sec.
103(a) of Public Law 101-216 amended it. Sec. 708(a) of Public Law 103-
236 (108 Stat. 493) amended and restated the section. Sec. 708(b) of
that Act amended 5 U.S.C. 5315, which established the compensation of
Special Representatives at level IV of the Executive Schedule, to
remove the limitation of two on the number of such representatives. The
rate of compensation for level IV is set at $143,000 per annum by
Schedule 5 of Executive Order 13393 (70 F.R. 76655; December 22, 2005).
\21\ Sec. 1223(4)(A) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-769) struck out a third sentence at this point that had read
as follows:
``One such Representative may serve in the Agency as Chief Science
Advisor.''.
\22\ Sec. 1223(4)(B) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-769) struck out ``, acting through the Director'' at this
point.
\23\ Sec. 1223(4(C) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-769) struck out ``Agency'' and inserted in lieu thereof
``Department of State''.
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program for visiting scholars
Sec. 202.\24\ A program for visiting scholars in the fields
of arms control, nonproliferation, and disarmament \25\ shall
be established by the Secretary of State \26\ in order to
obtain the services of scholars from the faculties of
recognized institutes of higher learning. The purpose of the
program will be to give specialists in the physical sciences
and other disciplines relevant to the Department of State's
\27\ activities an opportunity for active participation in the
arms control, nonproliferation,\28\ and disarmament activities
of the Department of State \27\ and to gain for the Department
of State \27\ the perspective and expertise such persons can
offer. Each fellow in the program shall be appointed for a term
of one year, except that such term may be extended for a 1-year
period. Fellows shall be chosen by a board consisting of the
Secretary of State,\26\ who shall be the chairperson, and all
former Directors of the Agency.
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\24\ 22 U.S.C. 2568. Sec. 3 of Public Law 98-202 added this
section. Sec. 1223(21) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-772) redesignated this section from sec. 28.
\25\ Sec. 719(b)(1) of Public Law 103-236 (108 Stat. 501) struck
out ``field of arms control and disarmament'', and inserted in lieu
thereof ``fields of arms control, nonproliferation, and disarmament''.
\26\ Sec. 1223(5)(A) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-769) struck out ``Director'' and inserted in lieu thereof
``Secretary of State''.
\27\ Sec. 1223(5)(B) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-769) struck out ``Agency'' and inserted in lieu thereof
``Department of State''; and struck out ``Agency's'' and inserted in
lieu thereof ``Department of State's'' in this sentence.
\28\ Sec. 719(b)(2) of Public Law 103-236 (108 Stat. 501) inserted
``, nonproliferation,'' after ``arms control''.
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TITLE III--FUNCTIONS
research
Sec. 301.\29\ The Secretary of State \30\ is authorized and
directed to exercise his powers in this title in \31\ such
manner as to ensure \32\ the acquisition of a fund of
theoretical and practical knowledge concerning disarmament and
nonproliferation.\33\ To this end, the Secretary of State \30\
is authorized and directed, under the direction of the
President, (1) to ensure \32\ the conduct of research,
development, and other studies in the fields of arms control,
nonproliferation, and disarmament; \34\ (2) to make
arrangements (including contracts, agreements, and grants) for
the conduct of research, development, and other studies in the
fields of arms control, nonproliferation, and disarmament \34\
by \35\ private or public institutions or persons; and (3) to
coordinate the research, development, and other studies
conducted in the fields of arms control, nonproliferation, and
disarmament \34\ by or for other Government agencies.\36\ In
carrying out his responsibilities under this Act, the Secretary
of State \30\ shall, to the maximum extent feasible, make full
use of available facilities, Government and private. The
authority of the Secretary under this Act, with respect to
research, development, and other studies concerning arms
control, nonproliferation, and disarmament shall be limited to
participation in the following: \37\
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\29\ 22 U.S.C. 2571. Sec. 1223(21) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-772) redesignated this section from sec. 31.
\30\ Sec. 1223(6)(B) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-769) struck out ``Director'' and inserted in lieu thereof
``Secretary of State'' throughout this section.
\31\ Sec. 1223(6)(A) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-769) inserted ``this title in'' after ``powers in''.
\32\ Sec. 1223(6)(C) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-769) struck out ``insure'' and inserted in lieu thereof
``ensure''.
\33\ Sec. 719(c)(2) of Public Law 103-236 (108 Stat. 501) inserted
``and nonproliferation'' after ``disarmament''.
\34\ Sec. 719(c)(1) of Public Law 103-236 (108 Stat. 501) struck
out ``field of arms control and disarmament'' and inserted in lieu
thereof ``fields of arms control, nonproliferation, and disarmament''.
\35\ Sec. 5 of Public Law 88-186 inserted the words ``United
States'' between the words ``by'' and ``private''. Sec. 3 of Public Law
95-108 subsequently struck out the words ``United States''.
\36\ Sec. 1223(6)(D) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-769) struck out ``in accordance with procedures established
under section 35 of this Act'' at this point.
\37\ Sec. 1223(6)(E) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-769) struck out ``The authority of the Secretary of State
with respect to research, development, and other studies shall be
limited to participation in the following insofar as they relate to
arms control, nonproliferation, and disarmament:'' and inserted in lieu
thereof ``The authority of the Secretary under this Act, with respect
to research, development, and other studies concerning arms control,
nonproliferation, and disarmament shall be limited to participation in
the following:''.
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(a) the detection, identification, inspection,
monitoring, limitation, reduction, control, and
elimination of armed forces and armaments, including
thermonuclear, nuclear, missile, conventional,
bacteriological, chemical, and radiological weapons;
(b) the techniques and systems of detecting,
identifying, inspecting, and monitoring of tests of
nuclear, thermonuclear, and other weapons;
(c) the analysis of national budgets, levels of
industrial production, and economic indicators to
determine the amounts spent by various countries for
armaments and of all aspects of antisatellite
activities; \38\
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\38\ Sec. 4 of Public Law 97-339 inserted the words ``and of all
aspects of antisatellite activities''.
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(d) the control, reduction, and elimination of armed
forces and armaments in space, in areas on and beneath
the earth's surface, and in underwater regions;
(e) the structure and operation of international
control and other organizations useful for arms
control, nonproliferation,\39\ and disarmament;
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\39\ Sec. 719(c)(3) of Public Law 103-236 (108 Stat. 501) inserted
``, nonproliferation,'' after ``arms control''.
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(f) the training of scientists, technicians, and
other personnel for manning the control systems which
may be created by international arms control,
nonproliferation,\39\ and disarmament agreements;
(g) the reduction and elimination of the danger of
war resulting from accident, miscalculation, or
possible surprise attack, including (but not limited
to) improvements in the methods of communications
between nations;
(h) the economic and political consequences of arms
control, nonproliferation,\39\ and disarmament,
including the problems of readjustment arising in
industry and the reallocation of national resources;
(i) the arms control, nonproliferation,\39\ and
disarmament implications of foreign and national
security policies of the United States with a view to a
better understanding of the significance of such
policies for the achievement of arms control,
nonproliferation,\39\ and disarmament;
(j) the national security and foreign policy
implications of arms control, nonproliferation,\39\ and
disarmament proposals with a view to a better
understanding of the effect of such proposals upon
national security and foreign policy;
(k) methods for the maintenance of peace and security
during different stages of arms control,
nonproliferation,\39\ and disarmament;
(l) the scientific, economic, political, legal,
social, psychological, military, and technological
factors related to the prevention of war with a view to
a better understanding of how the basic structure of a
lasting peace may be established; and \40\
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\40\ Sec. 1223(6)(F) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-769) inserted ``and''.
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(m) such related problems as the Secretary of State
\30\ may determine to be in need of research,
development, or study in order to carry out the
provisions of this Act.
patents
Sec. 302.\41\ All research within the United States
contracted for, sponsored, cosponsored, or authorized under
authority of this Act, shall be provided for in such manner
that all information as to uses, products, processes, patents,
and other developments resulting from such research developed
by Government expenditure will (with such exceptions and
limitations, if any, as the Secretary of State \42\ may find to
be necessary in the public interest) be available to the
general public. This section \43\ shall not be so construed as
to deprive the owner of any background patent relating thereto
of such rights as he may have thereunder.
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\41\ 22 U.S.C. 2572. Sec. 1223(21) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-772) redesignated this section from sec. 32.
\42\ Sec. 1223(7)(A) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-769) struck out ``Director'' and inserted in lieu thereof
``Secretary of State''.
\43\ Sec. 1223(7)(B) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-769) struck out ``subsection'' and inserted in lieu thereof
``section''.
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policy formulation
Sec. 303.\44\ (a) Formulation.--The Secretary of State \45\
shall prepare for the President,\46\ and the heads of such
other Government agencies as the President may determine,
recommendations and advice concerning United States arms
control, nonproliferation, and disarmament policy.
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\44\ 22 U.S.C. 2573. Sec. 1223(21) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-772) redesignated this section from sec. 33.
Sec. 709 of Public Law 103-236 (108 Stat. 494) restated this section
and amended it by adding the words, ``in a militarily significant
manner'' in para. (b), and by deleting a final sentence which sec. 3 of
Public Law 88-186 had added that read, ``Nothing contained in this Act
shall be construed to authorize any policy or action by any Government
agency which would interfere with, restrict, or prohibit the
acquisition, possession, or use of firearms by an individual for the
lawful purpose of personal defense, sport, recreation, education, or
training.''.
\45\ Sec. 1223(8)(B) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-769) struck out ``Director'' and inserted in lieu thereof
``Secretary of State''.
\46\ Sec. 1223(8)(A) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-769) struck out ``the Secretary of State,'' at this point.
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(b) Prohibition.--No action shall be taken pursuant to this
or any other Act that would obligate the United States to
reduce or limit the Armed Forces or armaments of the United
States in a militarily significant manner \44\, except pursuant
to the treaty-making power of the President set forth in
Article II, Section 2, Clause 2 of the Constitution or unless
authorized by the enactment of further affirmative legislation
by the Congress of the United States.
(c) \47\ Statutory Construction.--Nothing contained in this
chapter shall be construed to authorize any policy or action by
any Government agency which would interfere with, restrict, or
prohibit the acquisition, possession, or use of firearms by an
individual for the lawful purpose of personal defense, sport,
recreation, education, or training.
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\47\ Sec. 2602 of the Foreign Relations Authorization Act, Fiscal
Years 1998 and 1999 (subdivision B of division G of Public Law 105-277;
112 Stat. 2681-839) added subsec. (c).
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negotiation management
Sec. 304.\48\ (a) Responsibilities.--The Secretary of
State,\49\ under the direction of the President,\50\ shall have
primary responsibility for the preparation, conduct, and
management of United States participation in all international
negotiations and implementation fora in the fields of arms
control, nonproliferation,\51\ and disarmament.\52\ In
furtherance of these responsibilities, Special Representatives
of the President appointed pursuant to section 201,\53\ shall,
as directed by the President, serve as \54\ United States
Government representatives to international organizations,
conferences, and activities relating to the field of
nonproliferation,\55\ such as the preparations for and conduct
of the review relating to the Treaty on the Non-Proliferation
of Nuclear Weapons.
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\48\ 22 U.S.C. 2574. Redesignated from sec. 34 by sec. 1223(21) of
the Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A
of division G of Public Law 105-277; 112 Stat. 2681-772). Sec. 710 of
Public Law 103-236 (108 Stat. 494) restated this section and its
heading, and amended it by adding para. (a) and the provisions relating
to nonproliferation.
\49\ Sec. 1223(9)(A)(i) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-769) struck out ``Director'' and inserted in
lieu thereof ``Secretary of State''.
\50\ Sec. 1223(9)(A)(ii) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-769) struck out ``and the Secretary of State''.
\51\ Sec. 1223(9)(A)(iii) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-769) inserted ``, nonproliferation,'' after
``in the fields of arms control''.
\52\ Sec. 1223(9)(A)(iv) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-769) struck out ``and shall have primary
responsibility, whenever directed by the President, for the
preparation, conduct, and management of United States participation in
international negotiations and implementation fora in the field of
nonproliferation'' after ``disarmament''.
\53\ Sec. 1223(9)(A)(v) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-770) struck out ``section 27'' and inserted in
lieu thereof ``section 201''.
\54\ Sec. 1223(9)(A)(vi) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-770) struck out ``the'' following ``serve as''.
\55\ For additional statutory requirements relating to persons
representing the United States ``in such organs, commissions or other
bodies as may be created by the United Nations with respect to nuclear
energy or disarmament (control and limitation of armament)'', see sec.
2(b) of the United Nations Participation Act of 1945, as amended (22
U.S.C. 287(b)), page 926 of this volume.
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(b) \56\ Authority.--The Secretary of State \57\ is
authorized--
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\56\ Sec. 1223(9)(B) and (C) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-770) struck out subsec. (b) and redesignated
subsec. (c) as subsec. (b). Former subsec. (b) required the ACDA
Director to provide relevant information to USIA.
\57\ Sec. 1223(9)(D)(i) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-770) struck out ``Director'' and inserted in
lieu thereof ``Secretary of State''.
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(1) \58\ to formulate plans and make preparations for
the establishment, operation, and funding of
inspections and control systems which may become part
of the United States arms control, nonproliferation,
and disarmament activities; and
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\58\ Sec. 1223(9)(D) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-770) struck out para. (1) and redesignated paras. (2) and
(3) as paras. (1) and (2). Former para. (1) pertained to international
negotiations and the ACDA Director's authority.
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(2) \58\ as authorized by law, to put into effect,
direct, or otherwise assume United States
responsibility for such systems.
Sec. 35.\59\ [Repealed--1998]
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\59\ Formerly at 22 U.S.C. 2575. Sec. 1222 of the Foreign Affairs
Agencies Consolidation Act of 1998 (subdivision A of division G of
Public Law 105-277; 112 Stat. 2681-768) repealed this section, which
provided for coordination among Executive agencies on all significant
aspects of arms control, nonproliferation, disarmament and related
matters.
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arms control information \60\
Sec. 305.\61\ In order to assist the Secretary of State
\62\ in the performance of his duties with respect to arms
control, nonproliferation,\63\ and disarmament policy and
negotiations, any Government agency preparing any legislative
or budgetary proposal for--
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\60\ Sec. 719(e)(1) of Public Law 103-236 (108 Stat. 501) restated
the section heading, which formerly read ``arms control impact
information and analysis''.
\61\ 22 U.S.C. 2576. Sec. 1223(21) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-772) redesignated this section from sec. 36.
Sec. 146 of Public Law 94-141 added this section, and sec. 1(1) and
sec. 1(2) of Public Law 95-338 amended the section. Sec. 146 of Public
Law 94-141 added this section, and sec. 1(1) and sec. 1(2) of Public
Law 95-338 amended the section. Sec. 704(1) of Public Law 103-236 (108
Stat. 492) repealed subsecs. (b) and (c) of this section, which related
to arms control impact information and analysis. Sec. 719(e)(2) of that
Act struck out subsection designation ``(a)''.
\62\ Sec. 1223(10)(A) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-770) struck out ``Director'' and inserted in lieu thereof
``Secretary of State''.
\63\ Sec. 719(e)(3) of Public Law 103-236 (108 Stat. 501) inserted
``, nonproliferation,'' after ``arms control''.
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(1) any program of research, development, testing,
engineering, construction, deployment, or modernization
with respect to nuclear armaments, nuclear implements
of war, military facilities or military vehicles
designed or intended primarily for the delivery of
nuclear weapons,
(2) any program of research, development, testing,
engineering, construction, deployment, or modernization
with respect to armaments, ammunition, implements of
war, or military facilities, having--
(A) an estimated total program cost in excess
of $250,000,000, or
(B) an estimated annual program cost in
excess of $50,000,000, or
(3) any other program involving technology with
potential military application or weapons systems \64\
which such Government agency or the Secretary of State
\62\ believes may have a significant impact on arms
control, nonproliferation,\63\ and disarmament policy
or negotiations,
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\64\ Sec. 1(l) of Public Law 95-338 struck out the words ``weapons
systems or technology'' and inserted in lieu thereof ``technology with
potential military application or weapons systems''. Senate Report No.
95-843, May 15, 1978, states at page 3 that this change was made ``so
that there would be no question that technology with potential military
application, rather than, simply, weapons technology, could be reviewed
and reported upon under the legislation.''.
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shall, on a continuing basis, provide the Secretary of State
\62\ with full and timely access to detailed information \65\
with respect to the nature, scope, and purpose of such
proposal.
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\65\ Sec. 1223(10)(B) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-770) struck out ``, in accordance with the procedures
established pursuant to section 35 of this Act,'' at this point.
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verification of compliance
Sec. 306.\66\ (a) In General.--In order to ensure that arms
control, nonproliferation, and disarmament agreements can be
verified,\67\ the Secretary of State \68\ shall report to
Congress, on a timely basis, or upon request by an appropriate
committee of the Congress--
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\66\ 22 U.S.C. 2577. Sec. 1223(21) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-772) redesignated this section from sec. 37.
Sec. 4 of Public Law 95-108 originally added this section. Sec. 712 of
Public Law 103-236 (108 Stat. 495) restated the section and its
heading, and amended it by adding subsec. (d) and the provisions
relating to nonproliferation. Sec. 1223(11)(B) of the Foreign Affairs
Agencies Consolidation Act of 1998 (subdivision A of division G of
Public Law 105-277; 112 Stat. 2681-770) struck out subsec. (d), which
pertained to international participation and negotiations.
\67\ Sec. 1115(a) of the Admiral James W. Nance and Meg Donovan
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R.
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113;
113 Stat. 1536), struck out ``adequately'' preceding ``verified''.
\68\ Sec. 1223(11)(A) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-770) struck out ``Director'' or ``Agency'' and inserted in
lieu thereof ``Secretary of State'' or ``Department of State'',
respectively, throughout the section.
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(1) in the case of any arms control,
nonproliferation, or disarmament agreement that has
been concluded by the United States, the determination
of the Secretary of State \68\ as to the degree to
which the components of such agreement can be verified;
(2) in the case of any arms control,
nonproliferation, or disarmament agreement that has
entered into force, any significant degradation or
alteration in the capacity of the United States to
verify compliance of the components of such agreement;
(3) the amount and percentage of research funds
expended by the Department of State \68\ for the
purpose of analyzing issues relating to arms control,
nonproliferation, and disarmament verification; and
(4) the number of professional personnel assigned to
arms control verification on a full-time basis by each
Government agency.
(b) \69\ Assessments Upon Request.--Upon the request of the
chairman or ranking minority member of the Committee on Foreign
Relations of the Senate or the Committee on International
Relations of the House of Representatives, in case of an arms
control, nonproliferation, or disarmament proposal presented to
a foreign country, the Secretary of State shall submit a report
to the Committee on the degree to which elements of the
proposal are capable of being verified.
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\69\ Sec. 1115(b) of the Admiral James W. Nance and Meg Donovan
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R.
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113;
113 Stat. 1536), redesignated subsecs. (b) and (c) as subsecs. (c) and
(d), and added a new subsec. (b). The amendment also stated a
redesignation of subsec. (d) as subsec. (e); the amendments executed by
the Foreign Affairs Agencies Consolidation Act of 1998 struck out this
subsection.
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(c) \69\ Standard for Verification of Compliance.--In
making determinations under paragraphs (1) and (2) of
subsection (a), the Secretary of State \68\ shall assume that
all measures of concealment not expressly prohibited could be
employed and that standard practices could be altered so as to
impede verification.
(d) \69\ Rule of Construction.--Except as otherwise
provided for by law, nothing in this section may be construed
as requiring the disclosure of sensitive information relating
to intelligence sources or methods or persons employed in the
verification of compliance with arms control, nonproliferation,
and disarmament agreements.
negotiating records
Sec. 307.\70\ (a) Preparation of Records.--The Secretary of
State \71\ shall establish and maintain records for each arms
control, nonproliferation, and disarmament agreement to which
the United States is a party and which was under negotiation or
in force on or after January 1, 1990, which shall include
classified and unclassified materials such as instructions and
guidance, position papers, reporting cables and memoranda of
conversation, working papers, draft texts of the agreement,
diplomatic notes, notes verbal, and other internal and external
correspondence.
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\70\ 22 U.S.C. 2578. Sec. 713(a) of Public Law 103-236 (108 Stat.
496) added this section. Sec. 1223(21) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-772) redesignated this section from sec. 38.
Sec. 713(b) of that Act required the following:
``(b) Report Required.--Not later than January 31, 1995, the
Director of the United States Arms Control and Disarmament Agency shall
submit to the Speaker of the House of Representatives and to the
chairman of the Committee on Foreign Relations of the Senate a detailed
report describing the actions he has undertaken to implement section 38
of the Arms Control and Disarmament Act.''.
Previously, sec. 38 had required that the President submit an
annual report to Congress on the activities of the Standing
Consultative Commission established under Article XIII of the Treaty on
the Limitation of Anti-Ballistic Missile Systems. That sec. 38,
originally added by sec. 3(b) of Public Law 100-213, and amended by
sec. 401(a) of Public Law 103-199, was repealed by sec. 704(2) of
Public Law 103-236 (108 Stat. 492).
Sec. 1223(12)(B) of the Foreign Affairs Agencies Consolidation Act
of 1998 (subdivision A of division G of Public Law 105-277; 112 Stat.
2681-770) struck out subsec. (c), relating to international
negotiations.
\71\ Sec. 1223(12)(A) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-770) struck out ``Director'' and inserted in lieu thereof
``Secretary of State'' throughout the section.
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(b) Negotiating and Implementation Records.--In particular,
the Secretary of State \71\ shall establish and maintain a
negotiating and implementation record for each such agreement,
which shall be comprehensive and detailed, and shall document
all communications between the parties with respect to such
agreement. Such records shall be maintained both in hard copy
and magnetic media.
comprehensive compilation of arms control and disarmament studies
Sec. 308.\72\ Pursuant to his responsibilities under
section 31 of this Act, and in order to enhance Congressional
and public understanding of arms control, nonproliferation,\73\
and disarmament issues, the Director shall provide to the
Congress not later than June 30 of each year a report setting
forth--
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\72\ 22 U.S.C. 2579. Sec. 4 of Public Law 100-213 added this
section. Sec. 1223(21) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-772) redesignated this section from sec. 39.
\73\ Sec. 719(f) of Public Law 103-236 (108 Stat. 502) inserted ``,
nonproliferation,'' after ``arms control''.
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(1) a comprehensive list of studies relating to arms
control, nonproliferation,\73\ and disarmament issues
concluded during the previous calendar year by
government agencies or for government agencies by
private or public institutions or persons; and
(2) a brief description of each such study.
This report shall be unclassified, with a classified addendum
if necessary.
TITLE IV--GENERAL PROVISIONS
general authority
Sec. 401.\74\ In addition to any authorities otherwise
available, the Secretary of State in the performance of
functions under this Act \75\ is authorized to--
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\74\ 22 U.S.C. 2581. Sec. 1223(21) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-772) redesignated this section from sec. 41.
\75\ Sec. 1223(13)(A) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-770) struck out ``In the performance of his functions, the
Director'' and inserted in lieu thereof ``In addition to any
authorities otherwise available, the Secretary of State in the
performance of functions under this Act''.
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(a) utilize or employ the services, personnel, equipment,
or facilities of any other Government agency, with the consent
of the agency concerned, to perform such functions on behalf of
the Department of State \76\ as may appear desirable.\77\ Any
Government agency is authorized, notwithstanding any other
provision of law, to transfer to or to receive from the
Secretary of State,\76\ without reimbursement, supplies and
equipment other than administrative supplies or equipment.
Transfer or receipt of excess property shall be in accordance
with the provisions of the Federal Property and Administrative
Services Act of 1949, as amended; \78\
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\76\ Sec. 1223(13)(B) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-770) struck out references through the section to the
Director or the Agency and replaced such references with an appropriate
reference to the Secretary of State or the Department of State.
\77\ Sec. 1223(13)(C) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-770) struck out ``It is the intent of this section that the
Director rely upon the Department of State for general administrative
services in the United States and abroad to the extent agreed upon
between the Secretary of State and the Director.''.
\78\ See e.g., 40 U.S.C. 483(a) and 484.
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(b) \79\, \80\ appoint and fix the compensation
of employees possessing specialized technical expertise without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service and the
provisions of chapter 51 and subchapter III of chapter 53 of
such title relating to classification and General Schedule pay
rates, if the Secretary of State \76\ ensures that--
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\79\ Sec. 5(a) of Public Law 95-108 amended and restated subsec.
(b) which formerly read as follows: ``(b) appoint officers and
employees, including attorneys, for the Agency in accordance with the
civil service laws and fix their compensation in accordance with the
Classification Act of 1949, as amended;''.
\80\ Sec. 1223(13)(D)(i) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-770) struck out ``appoint officers and
employees, including attorneys, for the Agency in accordance with the
provisions of title 5, United States Code, governing appointment in the
competitive service, and fix their compensation in accordance with
chapter 51 and with subchapter III of chapter 53 of such title,
relating to classification and General Schedule pay rates, except that
the Director may, to the extent the Director determines necessary to
the discharge of his responsibilities,''.
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(1) any employee who is appointed under this
subsection \81\ is not paid at a rate--
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\81\ Sec. 1223(13)(D)(ii) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-770) struck out ``exception'' and inserted in
lieu thereof ``subsection''.
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(A) in excess of the rate payable for
positions of equivalent difficulty or
responsibility, or
(B) exceeding the maximum rate payable for
grade 15 of the General Schedule; and
(2) the number of employees appointed under this
subsection \82\ shall not exceed 10 percent of the
Department of State's \76\ full-time-equivalent
positions allocated to carry out the purposes of this
Act.\83\
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\82\ Sec. 1223(13)(D)(iii)(I) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-771) struck out ``exception'' and inserted in
lieu thereof ``subsection''.
\83\ Sec. 1223(13)(D)(iii)(II) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-771) struck out ``ceiling'' and inserted in
lieu thereof ``positions allocated to carry out the purposes of this
Act''.
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(c) enter into agreements with other Government agencies,
including the military departments through the Secretary of
Defense, under which officers or employees of such agencies may
be detailed to the Department of State \76\ for the performance
of service pursuant to this Act without prejudice to the status
or advancement of such officers or employees within their own
agencies;
(d) procure services of experts and consultants or
organizations thereof, including stenographic reporting
services, as authorized by section 3109 of title 5 of the
United States Code,\84\ and to pay in connection therewith
travel expenses of individuals, including transportation and
per diem in lieu of subsistence while away from their homes or
regular places of business, as authorized by section 5703 of
such title: \85\ Provided, That no such individual shall be
employed for more than 130 days \86\ in any fiscal year unless
the President certifies that employment of such individual in
excess of such number of days is necessary in the national
interest: \87\ And provided further, That such contracts may be
renewed annually;
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\84\ Para. (a)(1) of Public Law 93-332 struck out the words ``at
rates not exceeding $100 per diem for individuals'', and also struck
out ``section 15 of the Act of August 2, 1946 (5 U.S.C. 55a)'' and
inserted in lieu thereof ``section 3109 of title 5 of the United States
Code''.
\85\ Para. (a)(2) of Public Law 93-332 struck out ``section 5 of
said Act, as amended (5 U.S.C. 73b-2)'' and inserted in lieu thereof
``section 5703 of such title''.
\86\ Para. (a)(3) of Public Law 93-332 struck out ``one hundred
days'' and inserted in lieu thereof ``130 days''.
\87\ In a memorandum of August 18, 1990, for the Director of the
United States Arms Control and Disarmament Agency, the President
delegated to such Director the authority set forth in this subsection
to certify that the employment of persons in excess of the number of
days set forth in this subsection is necessary in the national interest
(55 F.R. 37693; September 13, 1990). Sec. 1221 of the Foreign Affairs
Agencies Consolidation Act of 1998 (subdivision A of division G of
Public Law 105-277; 112 Stat. 2681-768) provides, ``Except as otherwise
provided in section 1223 or 1225, any reference in any statute,
reorganization plan, Executive order, regulation, agreement,
determination, or other official document or proceeding to--(1) the
Director of the United States Arms Control and Disarmament Agency, the
Director of the Arms Control and Disarmament Agency, or any other
officer or employee of the United States Arms Control and Disarmament
Agency or the Arms Control and Disarmament Agency shall be deemed to
refer to the Secretary of State * * * ''. Subsequently, the Secretary
of State delegated ``[t]he functions that were vested in the United
States Arms Control and Disarmament Agency before the effective date
described in section 1201 of the Foreign Affairs Reform and
Restructuring Act of 1998 (as contained in Pub. L. 105-277), including
any functions conferred on the Director or any officer or employee of
that agency, and that are now conferred on the Secretary pursuant to
the provisions of the Act (including amendments made by that Act)'' to
the Under Secretary for Arms Control and International Security
(Delegation of Authority 293 of June 2, 2006; 71 F.R. 38202; July 5,
2006).
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(e) employ individuals of outstanding ability without
compensation in accordance with the provisions of section
710(b) of the Defense Production Act of 1950, as amended (50
U.S.C. App. 2160), and regulations issued thereunder;
(f) \88\ establish a scientific and policy advisory board
to advise with and make recommendations to the Secretary of
State on United States arms control, nonproliferation, and
disarmament policy and activities. A majority of the board
shall be composed of individuals who have a demonstrated
knowledge and technical expertise with respect to arms control,
nonproliferation, and disarmament matters and who have
distinguished themselves in any of the fields of physics,
chemistry, mathematics, biology, or engineering, including
weapons engineering. The members of the board may receive the
compensation and reimbursement for expenses specified for
consultants by subsection (d) of this section;
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\88\ Sec. 1223(13)(G) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-771) amended and restated subsec. (f), which previously
read, as amended, as follows:
``(f) establish advisory boards to advise with and make
recommendations to the Director on United States arms control and
disarmament policy and activities. The members of such boards may
receive the compensation and reimbursement for expenses specified for
consultants by section 41(d) of this Act;''.
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(g) \89\ administer oaths and take sworn statements in the
course of an investigation made pursuant to the Secretary of
State's \76\ responsibilities under this Act;
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\89\ Sec. 401(b)(1) of the Conventional Forces in Europe Treaty
Implementation Act of 1991 (Public Law 102-228; 105 Stat. 1698)
redesignated subsecs. (h) and (i) as subsecs. (i) and (j). Sec.
401(b)(2) of that Act added a new subsec. (h).
Subsequently, sec. 1223(13)(E) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-771) struck out the original subsec. (g), which
sec. 5(b) of Public Law 95-108 (91 Stat. 873) had originally added.
Subsec. (g) had pertained to payment for work performed, and related
travel, in the form of advisory services. Sec. 1223(13)(F) of Public
Law 105-277 redesignated subsecs. (h), (i), and (j) of sec. 401 as
subsecs. (g), (h), and (i).
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(h) \89\ delegate, as appropriate, to the Under Secretary
for Arms Control and International Security \90\ or other
officers of the Department of State, any authority conferred
upon the Secretary of State \76\ by the provisions of this Act;
and
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\90\ Sec. 1223(13)(H) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-771) struck out ``Deputy Director'' and inserted in lieu
thereof ``Under Secretary for Arms Control and International
Security''.
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(i) \89\ make, promulgate, issue, rescind, and amend such
rules and regulations as may be necessary or desirable to the
exercise of any authority conferred upon the Secretary of State
\76\ by the provisions of this Act.
Sec. 42.\91\ [Repealed--1998]
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\91\ Formerly at 22 U.S.C. 2582. Sec. 1222 of the Foreign Affairs
Agencies Consolidation Act of 1998 (subdivision A of division G of
Public Law 105-277; 112 Stat. 2681-768) repealed this section, which
pertained to Foreign Service personnel.
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Sec. 43.\92\ [Repealed--1998]
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\92\ Formerly at 22 U.S.C. 2583. Sec. 1222 of the Foreign Affairs
Agencies Consolidation Act of 1998 (subdivision A of division G of
Public Law 105-277; 112 Stat. 2681-768) repealed this section, which
had pertained to contracts.
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dual compensation laws \93\
Sec. 402.\94\ Members of advisory boards and consultants
may serve as such without regard to any \95\ Federal law
limiting the reemployment of retired officers or employees or
governing the simultaneous receipt of compensation and retired
pay or annuities, subject to section 201 of the Dual
Compensation Act.\96\ This section shall apply only to
individuals carrying out activities related to arms control,
nonproliferation, and disarmament.\97\
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\93\ Sec. 1223(14)(A) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-771) struck out ``conflict-of-interest and'' preceding
``dual compensation laws'' in the section catchline.
\94\ 22 U.S.C. 2584. Sec. 1223(21) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-772) redesignated this section from sec. 44.
\95\ Sec. 1223(14)(B) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-771) struck out ``The members of the General Advisory
Committee created by section 26 of this Act, and the members of the
advisory boards, the consultants, and the individuals of outstanding
ability employed without compensation, all of which are provided in
section 41 of this Act, may serve as such without regard to the
provisions of section 281, 283, 284, or 1914 of title 18 of the United
States Code, or of section 190 of the Revised Statutes (5 U.S.C. 99),
or of any other Federal law imposing restrictions, requirements, or
penalties in relation to the employment of individuals, the performance
of services, or the payment or receipt of compensation in connection
with any claim, proceeding, or matter involving the United States
Government, except insofar as such provisions of law may prohibit any
such individual from receiving compensation from a source other than a
nonprofit educational institution in respect of any particular matter
in which the Agency is directly interested. Nor shall such service be
considered as employment or holding of office or position bringing such
individual within the provisions of section 13 of the Civil Service
Retirement Act (5 U.S.C. 2263), or any other'' and inserted in lieu
thereof ``Members of advisory boards and consultants may serve as such
without regard to any''.
\96\ Now codified as 5 U.S.C. 5532. Sec. 401(d)(2) of Public Law
88-448, the Dual Compensation Act, added the last nine words to this
sentence.
\97\ Sec. 1223(14)(C) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-771) added ``This section shall apply only to individuals
carrying out activities related to arms control, nonproliferation, and
disarmament.''.
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Sec. 45.\98\ [Repealed--1998]
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\98\ Formerly at 22 U.S.C. 2585. Sec. 1222 of the Foreign Affairs
Agencies Consolidation Act of 1998 (subdivision A of division G of
Public Law 105-277; 112 Stat. 2681-768) repealed this section, which
pertained to security requirements.
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Sec. 46.\99\ [Repealed--1998]
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\99\ Formerly at 22 U.S.C. 2586. Sec. 1222 of the Foreign Affairs
Agencies Consolidation Act of 1998 (subdivision A of division G of
Public Law 105-277; 112 Stat. 2681-768) repealed this section, which
pertained to the Comptroller General audit.
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Sec. 47.\100\ [Repealed--1998]
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\100\ Formerly at 22 U.S.C. 2587. Sec. 1222 of the Foreign Affairs
Agencies Consolidation Act of 1998 (subdivision A of division G of
Public Law 105-277; 112 Stat. 2681-768) repealed this section, which
pertained to the consolidation and transfer of activities to ACDA.
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Sec. 48.\101\ [Repealed--1998]
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\101\ Formerly at 22 U.S.C. 2588. Sec. 1222 of the Foreign Affairs
Agencies Consolidation Act of 1998 (subdivision A of division G of
Public Law 105-277; 112 Stat. 2681-768) repealed this section, which
pertained to the use of authorized and appropriated funds.
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Sec. 49.\102\ [Repealed--1998]
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\102\ Formerly at 22 U.S.C. 2591. Sec. 4 of Public Law 98-202
originally added this section. Sec. 1222 of the Foreign Affairs
Agencies Consolidation Act of 1998 (subdivision A of division G of
Public Law 105-277; 112 Stat. 2681-768) repealed this section, which
pertained to specialists fluent in Russian or other languages of the
independent states of the former Soviet Union.
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Sec. 50.\103\ [Repealed--1998]
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\103\ Formerly at 22 U.S.C. 2593. Sec. 6(a) of Public Law 100-213
originally added this section as sec. 53. Sec. 1222 of the Foreign
Affairs Agencies Consolidation Act of 1998 (subdivision A of division G
of Public Law 105-277; 112 Stat. 2681-768) repealed this section, which
pertained to the appointment and duties of the ACDA Inspector General.
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annual report to congress
Sec. 403.\104\ (a) In General.--Not later than April 15
\105\ of each year, the President \106\ shall submit to the
Speaker of the House of Representatives and to the chairman of
the Committee on Foreign Relations of the Senate a report
prepared by the Secretary of State with the concurrence of the
Director of Central Intelligence and in consultation with \107\
the Secretary of Defense, the Secretary of Energy, and the
Chairman of the Joint Chiefs of Staff,\108\ on the status of
United States policy and actions with respect to arms control,
nonproliferation, and disarmament. Such report shall include--
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\104\ 22 U.S.C. 2593a. Sec. 717(a)(3) of Public Law 103-236 (108
Stat. 498) added this section as sec. 51. Sec. 717(a)(2) of that Act
redesignated the former sec. 51, which pertained to foreign language
specialists, as sec. 49. Sec. 717(a)(1) of the Act struck out the
former sec. 50, which required an annual report concerning the
activities of ACDA, and sec. 704(3) repealed sec. 52, entitled
``reports on adherence to and compliance with agreements''. This new
sec. 51 incorporated the substance of the former sec. 52, which sec.
703 of Public Law 99-93 had originally added, and sec. 5 of Public Law
100-213 and sec. 401(c) of Public Law 103-199 had amended.
Sec. 717(b) of that Act further provided:
``(b) Report on Revitalization of ACDA.--Not later than December
31, 1995, the Director of the United States Arms Control and
Disarmament Agency shall submit to the Speaker of the House of
Representatives and the chairman of the Committee on Foreign Relations
of the Senate a detailed report describing the actions that have been
taken and that are underway to revitalize the United States Arms
Control and Disarmament Agency pursuant to the provisions of this part
and the amendments made by this part.''.
Sec. 828(b) of that Act further provided:
``(b) Reporting on Demarches.--(1) It is the sense of the Congress
that the Department of State should, in the course of implementing its
reporting responsibilities under section 602(c) of the Nuclear Non-
Proliferation Act of 1978, include a summary of demarches that the
United States has issued or received from foreign governments with
respect to activities which are of significance from the proliferation
standpoint.
``(2) For purposes of this section, the term `demarche' means any
official communication by one government to another, by written or oral
means, intended by the originating government to express--
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``(A) a concern over a past, present, or possible future action or
activity of the recipient government, or of a person within the
jurisdiction of that government, contributing to the global spread of
unsafeguarded special nuclear material or of nuclear explosive devices;
``(B) a request for the recipient government to counter such action or
activity; or
``(C) both the concern and request described in subparagraphs (A) and
(B).''.
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Sec. 1223(21) of the Foreign Affairs Agencies Consolidation Act of
1998 (subdivision A of division G of Public Law 105-277; 112 Stat.
2681-772) redesignated this section from sec. 51.
\105\ Sec. 1103 of the Security Assistance Act of 2002 (division B
of Public Law 107-228; 116 Stat. 1426) struck out ``January 31'' and
inserted in lieu thereof ``April 15''.
\106\ In sec. 1(a)(15) of Executive Order 13313 of July 31, 2003
(68 F.R. 46073; August 5, 2003), the President assigned the reporting
duties in subsec. (a) to the Secretary of State. Pursuant to Executive
Order 13313, the Secretary of State delegated the authority to submit a
report on the implementation of the Treaty Between the United States of
America and the Russian Federation on Strategic Offensive Reductions
(``Moscow Treaty''; 41 I.L.M. 499) pursuant to condition (2) of the
March 6, 2003 Resolution of Advice and Consent to Ratification of the
Moscow Treaty (Treaty Doc. 107-08; approved March 6, 2003) to the Under
Secretary of State for Arms Control and International Security
(Delegation of Authority 297 of October 25, 2006; 72 F.R. 14162).
\107\ Sec. 1223(15)(A)(ii) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-771) struck out ``Director, in consultation
with the Secretary of State,'' and inserted in lieu thereof ``Secretary
of State with the concurrence of the Director of Central Intelligence
and in consultation with''.
\108\ Sec. 1223(15)(A)(iii) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-771) struck out ``the Chairman of the Joint
Chiefs of Staff, and the Director of Central Intelligence'' and
inserted in lieu thereof ``and the Chairman of the Joint Chiefs of
Staff''.
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(1) a detailed statement concerning the arms control,
nonproliferation,\109\ and disarmament objectives of
the executive branch of Government for the forthcoming
year;
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\109\ Sec. 1223(15)(A)(i) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-771) inserted ``, nonproliferation,'' after
``arms control''.
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(2) \110\ a detailed assessment of the status of any
ongoing arms control, nonproliferation,\109\ or
disarmament negotiations, including a comprehensive
description of negotiations or other activities during
the preceding year and an appraisal of the status and
prospects for the forthcoming year;
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\110\ Sec. 1223(15)(A)(iv) and (v) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-771) struck out paras. (2) and (4), and
redesignated the remaining paras. (3), (5), (6), and (7) as paras. (2)
through (5), respectively. Former paras. (2) and (4) read as follows:
``(2) a detailed statement concerning the nonproliferation
objectives of the executive branch of Government for the forthcoming
year;''
and
``(4) a detailed assessment of the status of any ongoing
nonproliferation negotiations or other activities, including a
comprehensive description of the negotiations or other activities
during the preceding year and an appraisal of the status and prospects
for the forthcoming year;''.
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(3) \110\ a detailed assessment of adherence of the
United States to obligations undertaken in arms
control, nonproliferation, and disarmament agreements,
including information on the policies and organization
of each relevant agency or department of the United
States to ensure adherence to such obligations, a
description of national security programs with a direct
bearing on questions of adherence to such obligations
and of steps being taken to ensure adherence, and a
compilation of any substantive questions raised during
the preceding year and any corrective action taken;
\111\
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\111\ Sec. 828(a) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 520) first,
struck out ``and'' at the end of this paragraph; second, struck out a
period at the end of the next paragraph and inserted in lieu thereof
``; and''; and third, added a new para. (7). Sec. 1223(15)(A)(v) of the
Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A of
division G of Public Law 105-277; 112 Stat. 2681-771) redesignated
para. (7) of this section as para. (5) as reflected here.
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(4) \110\ a detailed assessment of the adherence of
other nations to obligations undertaken in all arms
control, nonproliferation, and disarmament agreements
or commitments, including the Missile Technology
Control Regime,\112\ to which the United States is a
participating state, including information on actions
taken by each nation with regard to the size,
structure, and disposition of its military forces in
order to comply with arms control, nonproliferation, or
disarmament agreements or commitments,\113\ and shall
include, in the case of each agreement or commitment
\114\ about which compliance questions exist--
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\112\ Sec. 1113(a)(1)(A) of the Admiral James W. Nance and Meg
Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001
(H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-
113; 113 Stat. 1536), inserted ``or commitments, including the Missile
Technology Control Regime,'' after ``agreements''.
\113\ Sec. 1113(a)(1)(B) of the Admiral James W. Nance and Meg
Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001
(H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-
113; 113 Stat. 1536), inserted ``or commitments'' after ``agreements''.
\114\ Sec. 1113(a)(1)(C) of the Admiral James W. Nance and Meg
Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001
(H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-
113; 113 Stat. 1536), inserted ``or commitment'' after ``agreement''.
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(A) a description of each significant issue
raised and efforts made and contemplated with
the other participating state to seek
resolution of the difficulty;
(B) an assessment of damage, if any, to the
United States security and other interests; and
(C) recommendations as to any steps that
should be considered to redress any damage to
United States national security and to reduce
compliance problems; \115\
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\115\ Sec. 1113(a)(1)(D) of the Admiral James W. Nance and Meg
Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001
(H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-
113; 113 Stat. 1536) struck out ``and'' at the end of subpara. (C).
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(5) \110\,}\111\ a discussion of any
material noncompliance by foreign governments with
their binding commitments to the United States with
respect to the prevention of the spread of nuclear
explosive devices (as defined in section 830(4) of the
Nuclear Proliferation Prevention Act of 1994) by non-
nuclear-weapon states (as defined in section 830(5) of
that Act) or the acquisition by such states of
unsafeguarded special nuclear material (as defined in
section 830(8) of that Act), including--
(A) a net assessment of the aggregate
military significance of all such violations;
(B) a statement of the compliance policy of
the United States with respect to violations of
those commitments; and
(C) what actions, if any, the President has
taken or proposes to take to bring any nation
committing such a violation into compliance
with those commitments; and \116\
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\116\ Sec. 1113(a)(2) and (3) of the Admiral James W. Nance and Meg
Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001
(H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-
113; 113 Stat. 1536), struck out a period at the end of para. (5);
inserted in lieu thereof ``; and''; and added a new para. (6).
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(6) \116\ a specific identification, to the maximum
extent practicable in unclassified form, of each and
every question that exists with respect to compliance
by other countries with arms control, nonproliferation,
and disarmament agreements with the United States.
(b) Classification of the Report.--The report required by
this section shall be submitted in unclassified form, with
classified annexes, as appropriate. The portions of this report
described in paragraphs (4) and (5) of subsection (a) shall
summarize in detail, at least in classified annexes, the
information, analysis, and conclusions relevant to possible
noncompliance by other nations that are provided by United
States intelligence agencies.\117\
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\117\ Sec. 1223(15)(B) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-771) added the second sentence to this
subsection.
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(c) \118\ Reporting Consecutive Noncompliance.--If the
President in consecutive reports submitted to the Congress
under this section reports that any designated nation is not in
full compliance with its binding nonproliferation commitments
to the United States, then the President shall include in the
second such report an assessment of what actions are necessary
to compensate for such violations.
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\118\ Sec. 828(a)(4) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 520), added
subsec. (c).
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(d) \119\ Each report required by this section shall
include a discussion of each significant issue described in
subsection (a)(6) that was contained in a previous report
issued under this section during 1995, or after December 31,
1995, until the question or concern has been resolved and such
resolution has been reported in detail to the appropriate
committees of Congress (as defined in section 1102(1) of the
Arms Control, Non-Proliferation, and Security Assistance Act of
1999).
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\119\ Sec. 1113(b) of the Admiral James W. Nance and Meg Donovan
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R.
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113;
113 Stat. 1536), added subsec. (d).
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public annual report on world military expenditures and arms transfers
Sec. 404.\120\ Not later than December 31 of each year, the
Secretary of State \121\ shall publish an unclassified report
on world military expenditures and arms transfers. Such report
shall provide detailed, comprehensive, and statistical
information regarding military expenditures, arms transfers,
armed forces, and related economic data for each country of the
world. In addition, such report shall include pertinent in-
depth analyses as well as highlights with respect to arms
transfers and proliferation trends and initiatives affecting
such developments.
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\120\ 22 U.S.C. 2593b. Sec. 717(a)(3) of Public Law 103-236 (108
Stat. 498) added this section as sec. 52. Sec. 704(3) of that Act
repealed the former sec. 52, entitled ``reports on adherence to an
compliance with agreements''. Sec. 717(a)(3) of that Act incorporated
the substance of the former sec. 52 into a new sec. 51. Sec. 1223(21)
of the Foreign Affairs Agencies Consolidation Act of 1998 (subdivision
A of division G of Public Law 105-277; 112 Stat. 2681-772) redesignated
this section from sec. 52.
\121\ Sec. 1223(16) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-772) struck out ``Director'' and inserted in lieu thereof
``Secretary of State''.
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Sec. 53.\122\ [Repealed--1998]
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\122\ Formerly at 22 U.S.C. 2593c. Sec. 718(a) of Public Law 103-
236 (108 Stat. 500) originally added this section. Sec. 1222 of the
Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A of
division G of Public Law 105-277; 112 Stat. 2681-768) repealed this
section, which pertained to the requirement to authorize
appropriations. For a comprehensive history of authorization and
appropriations levels, see footnotes relating to this section in
Legislation on Foreign Relations Through 1996, vol. II, beginning at
page 1252.
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Sec. 54.\123\ [Repealed--1998]
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\123\ Formerly at 22 U.S.C. 2593d. Sec. 718(a) of Public Law 103-
236 (108 Stat. 500) originally added this section. Sec. 1222 of the
Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A of
division G of Public Law 105-277; 112 Stat. 2681-768) repealed this
section, which pertained to transfer of funds, notification, and
reprogramming.
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TITLE V--ON-SITE INSPECTION ACTIVITIES \124\
findings
Sec. 501.\125\ The Congress finds that--
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\124\ For related legislation on United States program for on-site
inspections under arms control agreements, see sec. 1014 of the
National Defense Authorization Act for Fiscal Years 1990 and 1991
(Public Law 101-189; 103 Stat. 1547).
\125\ 22 U.S.C. 2595. Sec. 201 of Public Law 101-216 originally
added this section as sec. 61. Sec. 1223(21) of the Foreign Affairs
Agencies Consolidation Act of 1998 (subdivision A of division G of
Public Law 105-277; 112 Stat. 2681-772) redesignated this section from
sec. 61.
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(1) under this Act, the Department of State \126\ is
charged with the ``formulation and implementation of
United States arms control and disarmament policy in a
manner which will promote the national security'';
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\126\ Sec. 1223(17)(A) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-772) struck out ``United States Arms Control
and Disarmament Agency'' and inserted in lieu thereof ``Department of
State''.
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(2) \127\ the On-Site Inspection Agency was
established in 1988 pursuant to the INF Treaty to
implement, on behalf of the United States, the
inspection provisions of the INF Treaty;
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\127\ Sec. 1223(17)(B) and (C) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-772) struck out para. (2) and redesignated
paras. (3) through (7) as paras. (2) through (6). Former para. (2)
provided as follows:
``(2) as defined in this Act, the terms `arms control' and
`disarmament' means `the identification, verification, inspection,
limitation, control, reduction, or elimination, of armed forces and
armaments of all kinds under international agreement to establish an
effective system of international control';''.
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(3) \127\ on-site inspection activities under the INF
Treaty include--
(A) inspections in Russia, Ukraine,
Kazakhstan, Belarus, Turkmenistan, Uzbekistan,
the Czech Republic, and Germany,\128\
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\128\ Sec. 401(d)(1) of the FRIENDSHIP Act (Public Law 103-199; 107
Stat. 2324) struck out ``the Soviet Union, Czechoslovakia, and the
German Democratic Republic'', and inserted in lieu thereof ``Russia,
Ukraine, Kazakhstan, Belarus, Turkmenistan, Uzbekistan, the Czech
Republic, and Germany''.
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(B) escort duties for \129\ teams visiting
the United States and the Basing Countries,
---------------------------------------------------------------------------
\129\ Sec. 401(d)(2) of the FRIENDSHIP Act (Public Law 103-199; 107
Stat. 2324) struck out ``Soviet'' at this point.
---------------------------------------------------------------------------
(C) establishment and operation of the Portal
Monitoring Facility in Russia,\130\ and
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\130\ Sec. 401(d)(3) of the FRIENDSHIP Act (Public Law 103-199; 107
Stat. 2324) struck out ``the Soviet Union'' and inserted in lieu
thereof ``Russia''.
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(D) support for the \131\ inspectors at the
Portal Monitoring Facility in Utah;
---------------------------------------------------------------------------
\131\ Sec. 401(d)(4) of the FRIENDSHIP Act (Public Law 103-199; 107
Stat. 2324) struck out ``Soviet'' at this point.
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(4) \132\ the On-Site Inspection Agency has
additional responsibilities to those specified in
paragraph (3),\133\ including the monitoring of nuclear
tests pursuant to the Threshold Test Ban Treaty and the
Peaceful Nuclear Explosions Treaty and the monitoring
of the inspection provisions of such additional arms
control agreements as the President may direct;
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\132\ Sec. 402(a)(1) of Public Law 102-228 redesignated paras. (5)
and (6) as paras. (6) and (7), respectively, and added a new para. (5).
Sec. 1223(17)(C) of the Foreign Affairs Agencies Consolidation Act of
1998 (subdivision A of division G of Public Law 105-277; 112 Stat.
2681-772) subsequently redesignated paras. (3) through (7) as paras.
(2) through (6).
\133\ Sec. 1223(17)(D) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-772) struck out ``paragraph (4)'' and inserted
in lieu thereof ``paragraph (3)''.
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(5) \132\ the personnel of the On-Site Inspection
Agency include civilian technical experts, civilian
support personnel, and members of the Armed Forces; and
(6) \132\ the senior officials of the On-Site
Inspection Agency include representatives from the
\134\ Department of State.
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\134\ Sec. 1223(17)(E) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-772) struck out ``United States Arms Control
and Disarmament Agency and the'' at this point.
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policy coordination concerning implementation of on-site inspection
provisions
Sec. 502.\135\ (a) Interagency Coordination.--OSIA should
receive policy guidance which is formulated through an
interagency mechanism established by the President.
---------------------------------------------------------------------------
\135\ 22 U.S.C. 2595a. Sec. 201 of Public Law 101-216 originally
added this section. Sec. 1223(21) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-772) redesignated this section from sec. 62.
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(b) Role of the Secretary of Defense.--The Secretary of
Defense should provide to OSIA appropriate policy guidance
formulated through the interagency mechanism described in
subsection (a) and operational direction, consistent with
section 113(b) of title 10, United States Code.
(c) Role of the Secretary of State \136\.--The Secretary of
State \136\ should provide to the interagency mechanism
described in subsection (a) appropriate recommendations for
policy guidance to OSIA consistent with sections 102(3) and
304(b) \137\ of this Act.
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\136\ Sec. 1223(18)(A)(i) and (B) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-772) struck out ``Director'' and inserted in
lieu thereof ``Secretary of State'' in the subsection heading and in
the first sentence.
\137\ Sec. 1223(18)(A)(ii) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-772) struck out ``2(d), 22, and 34(c)'' and
inserted in lieu thereof ``102(3) and 304(b)''.
---------------------------------------------------------------------------
Sec. 63.\138\ [Repealed--1998]
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\138\ Formerly at 22 U.S.C. 2595b. Sec. 201 of Public Law 101-216
originally added this section. Sec. 1222 of the Foreign Affairs
Agencies Consolidation Act of 1998 (subdivision A of division G of
Public Law 105-277; 112 Stat. 2681-768) subsequently repealed this
section, which pertained to authorizations of appropriations for on-
site inspection.
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SEC. 503.\139\ REVIEW OF CERTAIN REPROGRAMMING NOTIFICATIONS.
Any \140\ notification submitted to the Congress with
respect to a proposed transfer, reprogramming, or reallocation
of funds from or within the budget of OSIA shall also be
submitted to the Committee on International Relations \141\ of
the House of Representatives and the Committee on Foreign
Relations of the Senate, and shall be subject to review by
those committees.
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\139\ 22 U.S.C. 2595b-1. Sec. 402(b)(2) of Public Law 102-228 added
this section as sec. 64. Sec. 1223(19)(A) and (B) of the Foreign
Affairs Agencies Consolidation Act of 1998 (subdivision A of division G
of Public Law 105-277; 112 Stat. 2681-772) redesignated the section as
sec. 503, restated the section catchline, and struck out subsec. (a),
which required the President to file a one-time report on On-Site
Inspection Activities. Sec. 1223(21) of that Act also redesignated the
section as sec. 503.
\140\ Sec. 1223(19)(C)(i) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-772) struck out ``(b) Review of Certain
Reprogramming Notifications.--'' at the beginning of the section.
\141\ Sec. 1223(19)(C)(ii) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-772) struck out ``Foreign Affairs'' and
inserted in lieu thereof ``International Relations''.
---------------------------------------------------------------------------
definitions
Sec. 504.\142\ As used in this title--
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\142\ 22 U.S.C. 2595c. Sec. 201 of Public Law 101-216 added this
section as sec. 64. Sec. 402(b)(1) of Public Law 102-228 redesignated
this section as sec. 65, and sec. 1223(21) of the Foreign Affairs
Agencies Consolidation Act of 1998 (subdivision A of division G of
Public Law 105-277; 112 Stat. 2681-772) further redesignated the
section from sec. 65.
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(1) the term ``INF Treaty'' means the Treaty Between
the United States of America \143\ and the Union of
Soviet Socialist Republics on the Elimination of Their
Intermediate-Range and Shorter-Range Missiles (signed
at Washington, December 8, 1987); \144\
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\143\ Sec. 1223(20) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-772) inserted ``of America'' after ``United States''.
\144\ Sec. 402(b)(2) of Public Law 102-228 struck out ``and'' at
the end of para. (1); struck out the period at the end of para. (2) and
inserted in lieu thereof a semicolon; and added new paras. (3) and (4).
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(2) the term ``OSIA'' means the On-Site Inspection
Agency established by the President, or such other
agency as may be designated by the President to carry
out the on-site inspection provisions of the INF
Treaty; \144\
(3) \144\ the term ``Peaceful Nuclear Explosions
Treaty means the Treaty Between the United States of
America and the Union of Soviet Socialist Republics on
Underground Nuclear Explosions for Peaceful Purposes
(signed at Washington and Moscow, May 28, 1976); and
(4) \144\ the term ``Threshold Test Ban Treaty''
means the Treaty Between the United States of America
and the Union of Soviet Socialist Republics on the
Limitation of Underground Nuclear Weapons Tests (signed
at Moscow, July 3, 1974).
2. Arms Control and Disarmament Authorization--Prior Years
a. Arms Control and Nonproliferation Authorization--Fiscal Year 2003
Partial text of Public Law 107-228 [Foreign Relations Authorization
Act, Fiscal Year 2003; H.R. 1646], 116 Stat. 1350, approved September
30, 2002
* * * * * * *
DIVISION B--SECURITY ASSISTANCE ACT OF 2002 \1\
TITLE X--GENERAL PROVISIONS
SEC. 1001. SHORT TITLE.
This division may be cited as the ``Security Assistance Act
of 2002.''
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\1\ Freestanding sections of the Security Assistance Act of 2002
may be found in Legislation on Foreign Relations Through 2008, vol. I-
B.
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* * * * * * *
TITLE XI--VERIFICATION OF ARMS CONTROL AND NONPROLIFERATION AGREEMENTS
SEC. 1101. VERIFICATION AND COMPLIANCE BUREAU PERSONNEL.
(a) In General.--Of the amount authorized to be
appropriated by section 111(a)(1)(A), $14,000,000 is authorized
to be available for the Bureau of Verification and Compliance
of the Department of State for Bureau-administered activities,
including the Key Verification Assets Fund and to upgrade
Bureau spaces for certification as a Sensitive Compartmented
Information Facility (SCIF).
(b) Additional Personnel.--In addition to the amount made
available under subsection (a), $1,800,000 is authorized to be
available for the fiscal year 2003 from the Department's
American Salaries Account, for the purpose of hiring new
personnel to carry out the Bureau's responsibilities, as set
forth in section 112 of the Arms Export Control and
Nonproliferation Act of 1999 (113 Stat. 1501A-486), as enacted
into law by section 1000(a)(7) of Public Law 106-113, including
the assignment of one full-time person to the Bureau to manage
the document control, tracking, and printing requirements of
the Bureau's operation in a SCIF.
SEC. 1102. KEY VERIFICATION ASSETS FUND.
Of the total amount made available to the Department for
fiscal year 2003, $7,000,000 is authorized to be available
within the Verification and Compliance Bureau's account to
carry out section 1111 of the Arms Control and Nonproliferation
Act of 1999 (113 Stat. 1501A-486), as enacted into law by
section 1000(a)(7) of Public Law 106-113.
SEC. 1103. REVISED VERIFICATION AND COMPLIANCE REPORTING REQUIREMENTS.
Section 403(a) of the Arms Control and Disarmament Act (22
U.S.C. 2593a(a)) is amended * * *
b. Arms Control and Nonproliferation Act of 1999
Partial text of Public Law 106-113 [Consolidated Appropriations Act,
2000; H.R. 3194, enacting by reference the Admiral James W. Nance and
Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and
2001; H.R. 3427], 113 Stat. 1501, approved November 29, 1999; as
amended by Public Law 109-401 [Henry J. Hyde United States-India
Peaceful Atomic Energy Cooperation Act of 2006; H.R. 5682], 120 Stat.
2726, approved December 18, 2006
AN ACT Making consolidated appropriations for the fiscal year ending
September 30, 2000, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the serveral
departments, agencies, corporations and other organizational
units of the Government for the fiscal year 2000, and for other
purposes, namely:
* * * * * * *
DIVISION B
Sec. 1000. (a) The provisions of the following bills are
hereby enacted into law:
(1)-(6) * * *
(7) H.R. 3427 of the 106th Congress, as introduced on
November 17, 1999, * * *
(8)-(9) * * *
* * * * * * *
APPENDIX G--H.R. 3427
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Admiral James W. Nance and
Meg Donovan Foreign Relations Authorization Act, Fiscal Years
2000 and 2001''.
* * * * * * *
DIVISION B--ARMS CONTROL, NONPROLIFERATION, AND SECURITY ASSISTANCE
PROVISIONS
SEC. 1001.\1\ SHORT TITLE.
This division may be cited as the ``Arms Control,
Nonproliferation, and Security Assistance Act of 1999''.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 2751 note.
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TITLE XI--ARMS CONTROL AND NONPROLIFERATION
SEC. 1101. SHORT TITLE.
This title may be cited as the ``Arms Control and
Nonproliferation Act of 1999''.
SEC. 1102.\2\ DEFINITIONS.
In this title:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the
Committee on International Relations and the Permanent
Select Committee on Intelligence of the House of
Representatives and the Committee on Foreign Relations
and the Select Committee on Intelligence of the Senate.
---------------------------------------------------------------------------
\2\ 22 U.S.C. 2652c note.
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(2) Assistant secretary.--The term ``Assistant
Secretary'' means the position of Assistant Secretary
of State for Verification and Compliance designated
under section 1112.
(3) Executive agency.--The term ``Executive agency''
has the meaning given the term in section 105 of title
5, United States Code.
(4) Intelligence community.--The term ``intelligence
community'' has the meaning given the term in section
3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)).
(5) START treaty or treaty.--The term ``START
Treaty'' or ``Treaty'' means the Treaty With the Union
of Soviet Socialist Republics on the Reduction and
Limitation of Strategic Offensive Arms, including all
agreed statements, annexes, protocols, and memoranda,
signed at Moscow on July 31, 1991.
(6) START ii treaty.--The term ``START II Treaty''
means the Treaty Between the United States of America
and the Russian Federation on Further Reduction and
Limitation of Strategic Offensive Arms, and related
protocols and memorandum of understanding, signed at
Moscow on January 3, 1993.
Subtitle A--Arms Control
CHAPTER 1--EFFECTIVE VERIFICATION OF COMPLIANCE WITH ARMS CONTROL
AGREEMENTS
SEC. 1111. KEY VERIFICATION ASSETS FUND.
(a) In General.--The Secretary of State is authorized to
transfer funds available to the Department of State under this
section to the Department of Defense, the Department of Energy,
or any agency, entity, or component of the intelligence
community, as needed, for retaining, researching, developing,
or acquiring technologies or programs relating to the
verification of arms control, nonproliferation, and disarmament
agreements or commitments.
(b) Prohibition on Reprogramming.--Notwithstanding any
other provision of law, funds made available to carry out this
section may not be used for any purpose other than the purposes
specified in subsection (a).
(c) Funding.--Of the total amount of funds authorized to be
appropriated to the Department of State by this Act for the
fiscal years 2000 and 2001, $5,000,000 is authorized to be
available for each such fiscal year to carry out subsection
(a).
(d) Designation of Fund.--Amounts made available under
subsection (c) may be referred to as the ``Key Verification
Assets Fund''.
SEC. 1112.\3\ ASSISTANT SECRETARY OF STATE FOR VERIFICATION AND
COMPLIANCE.
(a) Designation of Position.--The Secretary of State shall
designate one of the Assistant Secretaries of State authorized
by section 1(c)(1) of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2651a(c)(1)) as the Assistant Secretary
of State for Verification and Compliance. The Assistant
Secretary shall report to the Under Secretary of State for Arms
Control and International Security.
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\3\ 22 U.S.C. 2652c.
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(b) Directive Governing the Assistant Secretary of State.--
(1) In general.--Not later than 30 days after the
date of enactment of this Act, the Secretary of State
shall issue a directive governing the position of the
Assistant Secretary.
(2) Elements of the directive.--The directive issued
under paragraph (1) shall set forth, consistent with
this section--
(A) the duties of the Assistant Secretary;
(B) the relationships between the Assistant
Secretary and other officials of the Department
of State;
(C) any delegation of authority from the
Secretary of State to the Assistant Secretary;
and
(D) such matters as the Secretary considers
appropriate.
(c) Duties.--
(1) In general.--The Assistant Secretary shall have
as his principal responsibility the overall supervision
(including oversight of policy and resources) within
the Department of State of all matters relating to
verification and compliance with international arms
control, nonproliferation, and disarmament agreements
or commitments.
(2) Participation of the assistant secretary.--
(A) Primary role.--Except as provided in
subparagraphs (B) and (C), the Assistant
Secretary, or his designee, shall participate
in all interagency groups or organizations
within the executive branch of Government that
assess, analyze, or review United States
planned or ongoing policies, programs, or
actions that have a direct bearing on
verification or compliance matters, including
interagency intelligence committees concerned
with the development or exploitation of
measurement or signals intelligence or other
national technical means of verification.
(B) Requirement for designation.--
Subparagraph (A) shall not apply to groups or
organizations on which the Secretary of State
or the Undersecretary of State for Arms Control
and International Security sits, unless such
official designates the Assistant Secretary to
attend in his stead.
(C) National security limitation.--
(i) Waiver by president.--The
President may waive the provisions of
subparagraph (A) if inclusion of the
Assistant Secretary would not be in the
national security interests of the
United States.
(ii) Waiver by others.--With respect
to an interagency group or
organization, or meeting thereof,
working with exceptionally sensitive
information contained in compartments
under the control of the Director of
Central Intelligence, the Secretary of
Defense, or the Secretary of Energy,
such Director or Secretary, as the case
may be, may waive the provision of
subparagraph (A) if inclusion of the
Assistant Secretary would not be in the
national security interests of the
United States.
(iii) Transmission of waiver to
congress.--Any waiver of participation
under clause (i) or (ii) shall be
transmitted in writing to the
appropriate committees of Congress.
(3) Relationship to the intelligence community.--The
Assistant Secretary shall be the principal policy
community representative to the intelligence community
on verification and compliance matters.
(4) Reporting responsibilities.--The Assistant
Secretary shall have responsibility within the
Department of State for--
(A) all reports required pursuant to section
306 of the Arms Control and Disarmament Act (22
U.S.C. 2577);
(B) so much of the report required under
paragraphs (4) through (6) of section 403(a) of
the Arms Control and Disarmament Act (22 U.S.C.
2593a(a)(4) through (6)) as relates to
verification or compliance matters; \4\
(C) \4\ so much of the reports required under
section 104 of the Henry J. Hyde United States-
India Peaceful Atomic Energy Cooperation Act of
2006 as relates to verification or compliance
matters; and
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\4\ Sec. 108 of the Henry J. Hyde United States-India Peaceful
Atomic Energy Cooperation Act of 2006 (Public Law 109-401; 120 Stat.
2738) struck out ``and'' from the end of subpara. (B), redesignated
subpara. (C) as subpara. (D), and inserted a new subpara. (C).
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(D) \4\ other reports being prepared by the
Department of State as of the date of enactment
of this Act relating to arms control,
nonproliferation, or disarmament verification
or compliance matters.
SEC. 1113. ENHANCED ANNUAL (``PELL'') REPORT.
(a) Annual Report.--Section 403(a) of the Arms Control and
Disarmament Act (22 U.S.C. 2593a(a)) is amended-- * * *
(b) Additional Requirement.--Section 403 of the Arms
Control and Disarmament Act (22 U.S.C. 2593a) is amended by
adding at the end the following: * * *
SEC. 1114. REPORT ON START AND START II TREATIES MONITORING ISSUES.
(a) Report.--Not later than 180 days after the date of
enactment of this Act, the Director of Central Intelligence
shall submit to the appropriate committees of Congress a
detailed report in classified form. Such report shall include
the following:
(1) A comprehensive identification of all monitoring
activities associated with the START Treaty and the
START II Treaty.
(2) The specific intelligence community assets and
capabilities, including analytical capabilities, that
the Senate was informed, prior to the Senate giving its
advice and consent to ratification of the treaties,
would be necessary to accomplish those activities.
(3) An identification of the extent to which those
assets and capabilities have, or have not, been
attained or retained, and the corresponding effect this
has had upon United States monitoring confidence
levels.
(4) An assessment of any Russian activities relating
to the START Treaty which have had an impact upon the
ability of the United States to monitor Russian
adherence to the Treaty.
(b) Compartmented Annex.--Exceptionally sensitive,
compartmented information in the report required by this
section may be provided in a compartmented annex submitted to
the Select Committee on Intelligence of the Senate and the
Permanent Select Committee on Intelligence of the House of
Representatives.
SEC. 1115. STANDARDS FOR VERIFICATION.
(a) Verification of Compliance.--Section 306(a) of the Arms
Control and Disarmament Act (22 U.S.C. 2577(a)) is amended in
the matter preceding paragraph (1) by striking ``adequately''.
(b) Assessments Upon Request.--Section 306 of the Arms
Control and Disarmament Act (22 U.S.C. 2577) is amended-- * * *
SEC. 1116.\5\ CONTRIBUTION TO THE ADVANCEMENT OF SEISMOLOGY.
The United States Government shall, to the maximum extent
practicable, make available to the public in real time, or as
quickly as possible, all raw seismological data provided to the
United States Government by any international organization that
is directly responsible for seismological monitoring.
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\5\ 42 U.S.C. 7704 note.
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SEC. 1117.\6\ PROTECTION OF UNITED STATES COMPANIES.
(a) Reimbursement.--During the 2-year period beginning on
the date of the enactment of this Act, the United States
National Authority (as designated pursuant to section 101 of
the Chemical Weapons Convention Implementation Act of 1998 (as
contained in division I of Public Law 105-277)) shall, upon
request of the Director of the Federal Bureau of Investigation,
reimburse the Federal Bureau of Investigation for all costs
incurred by the Bureau for such period in connection with
implementation of section 303(b)(2)(A) of that Act, except that
such reimbursement may not exceed $2,000,000 for such 2-year
period.
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\6\ 22 U.S.C. 6723 note.
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(b) Report.--Not later than 180 days prior to the
expiration of the 2-year period described in subsection (a),
the Director of the Federal Bureau of Investigation shall
prepare and submit to the Committee on International Relations
of the House of Representatives and the Committee on Foreign
Relations of the Senate a report on how activities under
section 303(b)(2)(A) of the Chemical Weapons Convention
Implementation Act of 1998 will be fully funded and implemented
by the Federal Bureau of Investigation notwithstanding the
expiration of the 2-year period described in subsection (a).
SEC. 1118.\7\ REQUIREMENT FOR TRANSMITTAL OF SUMMARIES.
Whenever a United States delegation engaging in
negotiations on arms control, nonproliferation, or disarmament
submits to the Secretary of State a summary of the activities
of the delegation or the status of those negotiations, a copy
of each such summary shall be further transmitted by the
Secretary of State to the Committee on Foreign Relations of the
Senate and to the Committee on International Relations of the
House of Representatives promptly.
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\7\ 22 U.S.C. 2593a note.
\8\ For chapter 2, see this section, under ``Nonproliferation of
Weapons of Mass Destruction''.
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CHAPTER 2--MATTERS RELATING TO THE CONTROL OF BIOLOGICAL WEAPONS \8\
* * * * * * *
c. Arms Control and Disarmament Agency--Authorization, Fiscal Year 1999
Partial text of Public Law 105-277 [Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999; H.R. 4328], 112 Stat. 2681,
approved October 21, 1998
* * * * * * *
SUBDIVISION B--FOREIGN RELATIONS AUTHORIZATION
TITLE XX--GENERAL PROVISIONS
SEC. 2001. SHORT TITLE.
This subdivision may be cited as the ``Foreign Relations
Authorization Act, Fiscal Years 1998 and 1999''.
SEC. 2002. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.
In this subdivision, the term ``appropriate congressional
committees'' means the Committee on International Relations of
the House of Representatives and the Committee on Foreign
Relations of the Senate.
* * * * * * *
TITLE XXVI--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY
SEC. 2601. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out the
purposes of the Arms Control and Disarmament Act $41,500,000
for the fiscal year 1999.
SEC. 2602. STATUTORY CONSTRUCTION.
Section 303 of the Arms Control and Disarmament Act (22
U.S.C. 2573), as redesignated by section 2223 of this division,
is amended by adding at the end the following new subsection: *
* *
* * * * * * *
d. Arms Control and Nonproliferation Act of 1994
Partial text of part A, title VII, of Public Law 103-236 [Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995; H.R. 2333],
108 Stat. 382 at 491, approved April 30, 1994
TITLE VII--ARMS CONTROL
PART A--ARMS CONTROL AND NONPROLIFERATION ACT OF 1994
SEC. 701. SHORT TITLE; REFERENCES IN PART; TABLE OF CONTENTS.
(a) \1\ Short Title.--This part may be cited as the ``Arms
Control and Nonproliferation Act of 1994''.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 2551 note.
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(b) References in Part.--Except as specifically provided in
this part, whenever in this part an amendment or repeal is
expressed as an amendment to or repeal of a provision, the
reference shall be deemed to be made to the Arms Control and
Disarmament Act. \2\
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\2\ The Arms Control and Disarmament Act (Public Law 87-297), as
published in this volume, reflects all such amendments at the
appropriate places.
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SEC. 702. CONGRESSIONAL DECLARATIONS; PURPOSE.
(a) Congressional Declarations.--The Congress declares
that--
(1) a fundamental goal of the United States,
particularly in the wake of the highly turbulent and
uncertain international situation fostered by the end
of the Cold War, the disintegration of the Soviet Union
and the resulting emergence of fifteen new independent
states, and the revolutionary changes in Eastern
Europe, is to prevent the proliferation of nuclear
weapons and their means of delivery and of advanced
conventional armaments, to eliminate chemical and
biological weapons, and to reduce and limit the large
numbers of nuclear weapons in the former Soviet Union,
as well as to prevent regional conflicts and
conventional arms races; and
(2) an ultimate goal of the United States continues
to be a world in which the use of force is subordinated
to the rule of law and international change is achieved
peacefully without the danger and burden of
destabilizing and costly armaments.
(b) Purpose.--The purpose of this part is--
(1) to strengthen the United States Arms Control and
Disarmament Agency; and
(2) to improve congressional oversight of the arms
control, nonproliferation, and disarmament activities
of the United States Arms Control and Disarmament
Agency, and of the Agency's operating budget.
* * * * * * *
SEC. 711. REPORT ON MEASURES TO COORDINATE RESEARCH AND DEVELOPMENT.
Not later than December 31, 1994, the President shall
submit to the Congress a report prepared by the Director of the
United States Arms Control and Disarmament Agency, in
coordination with the Secretary of State, the Secretary of
Defense, the Secretary of Energy, the Chairman of the Joint
Chiefs of Staff, and the Director of Central Intelligence, with
respect to the procedures established pursuant to section 35 of
the Arms Control and Disarmament Act (22 U.S.C. 2575) for the
effective coordination of research and development on arms
control, nonproliferation, and disarmament among all
departments and agencies of the executive branch of Government.
* * * * * * *
SEC. 713. NEGOTIATING RECORDS.
(a) In General.--The Arms Control and Disarmament Act is
amended by inserting after section 37 the following: * * *
(b) Report Required.--Not later than January 31, 1995, the
Director of the United States Arms Control and Disarmament
Agency shall submit to the Speaker of the House of
Representatives and to the chairman of the Committee on Foreign
Relations of the Senate a detailed report describing the
actions he has undertaken to implement section 38 of the Arms
Control and Disarmament Act.
SEC. 714. AUTHORITIES WITH RESPECT TO NONPROLIFERATION MATTERS.
(a) \3\ Amendments to the Arms Export Control Act.-- * * *
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\3\ For text of the Arms Export Control Act, see Legislation on
Foreign Relations Through 2008, vol. I-A.
---------------------------------------------------------------------------
(b) Amendment to the Nuclear Non-Proliferation Act.--
Section 309(c) of the Nuclear Non-Proliferation Act of 1978 (42
U.S.C. 2139a(c)) is amended * * *
* * * * * * *
SEC. 717. REPORTS.
(a) In General.--Title IV of the Arms Control and
Disarmament Act is amended-- * * *
(b) \4\ Report on Revitalization of ACDA.--Not later than
December 31, 1995, the Director of the United States Arms
Control and Disarmament Agency shall submit to the Speaker of
the House of Representatives and the chairman of the Committee
on Foreign Relations of the Senate a detailed report describing
the actions that have been taken and that are underway to
revitalize the United States Arms Control and Disarmament
Agency pursuant to the provisions of this part and the
amendments made by this part.
---------------------------------------------------------------------------
\4\ 22 U.S.C. 2551 note.
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* * * * * * *
e. Arms Control and Disarmament Act Authorization for Fiscal Years 1990
and 1991
Partial text of Public Law 101-216 [H.R. 1495], 103 Stat. 1853,
approved December 11, 1989
Note.--Except for the provisions included below, this
Act consists of amendments to the Arms Control and
Disarmament Act. Those amendments have been
incorporated into that Act at the appropriate places.
AN ACT To amend the Arms Control and Disarmament Act to authorize
appropriations for the Arms Control and Disarmament Agency, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ SHORT TITLE.
This Act may be cited as the ``Arms Control and Disarmament
Amendments Act of 1989''.
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\1\ 22 U.S.C. 2551 note.
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TITLE I--ARMS CONTROL AND DISARMAMENT AGENCY
* * * * * * *
SEC. 104.\2\ ARMS CONTROL IMPLEMENTATION AND COMPLIANCE RESOLUTION.
The Director for the United States Arms Control and
Disarmament Agency should study, and report to the Congress on,
the advisability of establishing in the Agency an arms control
implementation and compliance resolution bureau, or other
organizational unit, that would be responsible for--
---------------------------------------------------------------------------
\2\ 22 U.S.C. 2565 note.
---------------------------------------------------------------------------
(1) managing the implementation of existing and
future arms control agreements;
(2) coordinating the activities of the Special
Verification Commission and the Standing Consultative
Commission; and
(3) preparing comprehensive analyses and policy
positions regarding the effective resolution of arms
control compliance questions.
SEC. 105.\3\ ARMS CONTROL VERIFICATION.
(a) Establishment of Working Group.--The President should
establish a working group--
---------------------------------------------------------------------------
\3\ 22 U.S.C. 2577a.
---------------------------------------------------------------------------
(1) to examine verification approaches to a strategic
arms reduction agreement and other arms control
agreements; and
(2) to assess the relevance for such agreements of
the verification provisions of the Treaty Between the
United States and the Union of Soviet Socialist
Republics on the Elimination of Their Intermediate-
Range and Shorter-Range Missiles (signed at Washington,
December 8, 1987).
(b) Information and Data Base.--(1) The Agency shall
allocate sufficient resources to develop and maintain a
comprehensive information and data base on verification
concepts, research, technologies, and systems. The Agency shall
collect, maintain, analyze, and disseminate information
pertaining to arms control verification and monitoring,
including information regarding--
(A) all current United States bilateral and
multilateral arms treaties; and
(B) proposed, prospective, and potential bilateral or
multilateral arms treaties in the areas of nuclear,
conventional, chemical, and space weapons.
(2) The Agency shall seek to improve United States
verification and monitoring activities through the monitoring
and support of relevant research and analysis.
(3) The Agency shall provide detailed information on the
activities pursuant to this section in its annual report to the
Congress.
SEC. 106. REPORTING REQUIREMENT ON PROSPECTS FOR CONVERSION OF UNITED
STATES DEFENSE INDUSTRIES.
The Director of the United States Arms Control and
Disarmament Agency, in consultation with the Secretary of
Defense and the Secretary of Commerce, shall study, and (not
later than 180 days after the date of enactment of this Act)
submit to the Congress a report, on concrete steps which could
be taken to improve prospects for conversion of portions of
United States defense industries to nondefense-related
activities as opportunities are presented through the
achievement of successful arms control agreements.
TITLE II--ON-SITE INSPECTION ACTIVITIES \4\
* * * * * * *
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\4\ Title II added a new title V to the Arms Control and
Disarmament Act. For related legislation on United States program for
on-site inspections under arms control agreements, see also sec. 1014
of the National Defense Authorization Act for Fiscal Years 1990 and
1991 (Public Law 101-189; 103 Stat. 1547).
f. Arms Control and Disarmament Act Authorization for Fiscal Years 1988
and 1989
Partial text of Public Law 100-213 [H.R. 2689], 101 Stat. 1444,
approved December 24, 1987
Note.--Except for the provisions included below, the
Act authorizing appropriations for ACDA for fiscal
years 1988 and 1989 consists of amendments to the Arms
Control and Disarmament Act. Those amendments have been
incorporated into that Act at the appropriate places.
AN ACT To amend the Arms Control and Disarmament Act to authorize
appropriations for the fiscal years 1988 and 1989 for the Arms Control
and Disarmament Agency, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arms Control and Disarmament
Amendments Act of 1987''.
* * * * * * *
SEC. 3. STANDING CONSULTATIVE COMMISSION.
(a) Findings.--The Congress finds that--
(1) the Standing Consultative Commission was
established by the United States and the Soviet Union
under Article XIII of the Treaty on the Limitation of
Anti-Ballistic Missile Systems as a framework for
considering and resolving questions concerning
compliance with arms control obligations; and
(2) the United States should raise and attempt to
resolve issues relating to compliance by the United
States and the Soviet Union with arms control
agreements in the Standing Consultative Commission.
(b) \1\ * * *
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\1\ Subsec. (b) amended title III of the Arms Control and
Disarmament Act by adding a new sec. 38 requiring the President to
submit to Congress an annual report on the activities of the Standing
Consultative Commission.
---------------------------------------------------------------------------
(c) Study and Report.--The Director of the United States Arms
Control and Disarmament Agency shall conduct a study to
determine how the Standing Consultative Commission could be
used more effectively to resolve arms control compliance
issues. The Director shall report the results of this study to
the Speaker of the House of Representatives and the chairman of
the Committee on Foreign Relations of the Senate within 6
months after the date of enactment of this Act.
* * * * * * *
SEC. 6. ACDA INSPECTOR GENERAL.
(a) \2\ * * *
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\2\ Subsec. (a) amended title IV of the Arms Control and
Disarmament Act by adding a new sec. 53 establishing an Office of the
Inspector General of the Arms Control and Disarmament Agency.
---------------------------------------------------------------------------
(b) Survey of ACDA Classified Information Security.--Not
later than 90 days after the date of enactment of this Act, the
Inspector General of the United States Arms Control and
Disarmament Agency--
(1) shall conduct a survey of physical, personnel,
document, and communications security programs,
procedures, and practices at the Agency for the
protection of classified information; and
(2) shall submit a report on the results of that
survey, together with such recommendations for
improvement of classified information security at the
Agency as the Inspector General considers appropriate,
to the Director of the Agency and to the Committee on
Foreign Affairs \3\ of the House of Representatives and
the Committee on Foreign Relations of the Senate.
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\3\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that
references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
g. Arms Control and Disarmament Act Authorization for Fiscal Years 1986
and 1987
Partial text of Public Law 99-93 [Foreign Relations Authorization Act,
Fiscal Years 1986 and 1987; H.R. 2068], 99 Stat. 405 at 444, approved
August 16, 1985
Note.--Except for the provisions included below, this
Act consists of amendments to the Arms Control and
Disarmament Act and title V, United States Code. Those
amendments have been incorporated at the appropriate
places.
AN ACT To authorize appropriations for fiscal years 1986 and 1987 for
the Department of State, the United States Information Agency, the
Board for International Broadcasting, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
SEC. 705. NEW BUILDING IN GENEVA FOR THE USE OF THE UNITED STATES ARMS
CONTROL NEGOTIATING TEAMS.
(a) Findings.--The Congress finds that--
(1) the United States is party to vital talks on arms
control in Geneva, Switzerland;
(2) these talks include negotiations on strategic
nuclear weapons, intermediate range nuclear weapons,
space and defense systems, a bilateral United States-
Soviet forum, called the Standing Consultative
Commission and a multilateral forum, called the
Conference on Disarmament;
(3) the United States delegations to these talks
occupy buildings and spaces insufficiently secure,
modernized, or large enough to permit those delegations
to conduct their work efficiently;
(4) the United States delegations to the strategic,
intermediate and space and defense talks in particular
occupy space in the Botanic Building that is also
occupied by offices of numerous other, non-United
States organizations, and shares common walls and
parking facilities with these delegations;
(5) arms control negotiations require sophisticated
security facilities, telecommunications equipment,
simultaneous translation capabilities and other
specialized services; and
(6) the Soviet Union, for its part, has made
available for its negotiating team a modern, secure,
well-equipped building dedicated for the use of its
arms control negotiating teams.
(b) Sense of Congress.--It is the sense of the Congress
that--
(1) in order to facilitate the effective work of the
United States arms control negotiating teams, and to
provide for them a dedicated structure capable of
supporting their vital tasks on a permanent basis, the
Secretary of State should submit to the Congress a
report on the feasibility, cost, location, and
requirements of a structure to house the United States
arms control negotiating teams in Geneva;
(2) this report should be submitted as soon as
possible; and
(3) this matter should be included in the
consideration of the 1985 supplemental appropriation
process.
SEC. 706. STUDY OF MEASURES TO ENHANCE CRISIS STABILITY AND CONTROL.
(a) Study.--The Secretary of State and the Director of the
Arms Control and Disarmament Agency shall conduct a detailed
and complete study and evaluation of additional measures which
both enhance the security of the United States and reduce the
likelihood of nuclear weapons use by contributing to crisis
stability or crisis control capabilities, including specific
consideration of the following measures:
(1) Increased redundancy of direct communications
link circuits, including the creation of new survivable
circuits and terminals, located outside the national
capital which have access to the command and control
system of the country in which they are located.
(2) Establishment of redundant, survivable direct
communications links between and among all nuclear-
armed states.
(3) Conclusion of an agreement creating ``non-
target'' sanctuaries only for certain direct
communications link circuits to enhance survivability
of communications.
(4) Creation in advance of standard operating
procedures for communicating, and possibly cooperating,
with the Soviet Union and other states in the event of
nuclear attacks by third parties on either the United
States or Soviet Union.
(5) Addition to the Incidents At Sea agreement of a
prohibition on the ``locking on'' of fire control
radars on ships and planes of the other side, an
agreement on the separation of naval forces during
specified periods of crisis, and other such measures
relevant to the Incidents At Sea agreement.
(6) Placement by the United States and the Soviet
Union of unmanned launch sensors in the land-based
missile fields of both countries.
(7) Establishment of anti-submarine operations free
zones designed to enhance the security of ballistic
missile submarines.
(8) Installation of permissive action links aboard
the ballistic missile submarines of the United States,
which might possibly be activated or deactivated at
various levels of alert, and encouragement of the
Soviet Union to do the same.
(9) Establishment of training programs for National
Command Authority officials to familiarize them with
alert procedures, communications capabilities, nuclear
weapons release authority procedures, and the crisis
control and stability implications thereof.
(10) Include in standard operating procedure the
relocation in a crisis of a National Command Authority
official outside Washington, D.C. to a secure location
with access to the strategic command and control
system, and announce the institution of this procedure
to relevant foreign governments.
(b) Report.--The Secretary of State and the Director of the
Arms Control and Disarmament Agency shall submit a report of
the study and evaluation under subsection (a) to the Committees
on Armed Services and Foreign Relations of the Senate and the
Committees on Armed Services and Foreign Affairs of the House
of Representatives \1\ by January 1, 1986. Such report should
be available in both a classified, if necessary, and
unclassified format.
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\1\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that
references to the Committee on Armed Services of the House of
Representatives shall be treated as referring to the Committee on
National Security of the House of Representatives. Sec. 1(a)(5) of that
Act provided that references to the Committee on Foreign Affairs shall
be treated as referring to the Committee on International Relations.
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SEC. 707. POLICY TOWARD BANNING CHEMICAL WEAPONS.
(a) Findings. --The Congress finds that--
(1) chemical weapons are among the most terrible
weapons in today's military arsenals;
(2) it is the objective of the United States to
eliminate the threat of chemical warfare through a
comprehensive and verifiable ban on chemical weapons;
(3) the United States is vigorously pursuing a
multilateral agreement to ban chemical weapons;
(4) the negotiation of a verifiable, bilateral
agreement between the United States and the Soviet
Union would be a significant step toward achieving a
worldwide ban on chemical weapons;
(5) bilateral discussions relating to a ban on
chemical weapons took place in July and August of 1984
between the United States and Soviet delegations to the
Conference on Disarmament; and
(6) such endeavors could serve the security interests
of humankind.
(b) Sense of Congress.--It is the sense of the Congress
that the President--
(1) should be commended for his efforts to negotiate
a multilateral agreement banning chemical weapons;
(2) should continue to pursue vigorously such an
agreement; and
(3) should seek the continuation and development of
bilateral discussions between the United States and the
Soviet Union to achieve a comprehensive and verifiable
ban on chemical weapons.
SEC. 708. POLICY REGARDING A JOINT STUDY BY THE UNITED STATES AND THE
SOVIET UNION OF THE CONSEQUENCES OF NUCLEAR WINTER.
It is the sense of the Congress that the President should
propose to the Government of the Soviet Union during any arms
control talks held with such Government that--
(1) the United States and the Soviet Union should
jointly study the atmospheric, climatic, environmental,
and biological consequences of nuclear explosions,
sometimes known as ``nuclear winter'', and the impact
that nuclear winter would have on the national security
of both nations;
(2) such a joint study should include the sharing and
exchange of information and findings on the nuclear
winter phenomena and make recommendations on possible
joint research projects that would benefit both
nations; and
(3) at an appropriate time the other nuclear weapons
states (the United Kingdom, France, and the People's
Republic of China) should be involved in the study.
3. Cooperative Threat Reduction
a. Cooperative Threat Reduction, Fiscal Year 2009
Partial text of Public Law 110-417 [Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009; S. 3001], 122 Stat. 4356,
approved October 14, 2008
AN ACT To authorize appropriations for fiscal year 2009 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS; SENSE OF CONGRESS.
(a) Short Title.--This Act may be cited as the ``Duncan
Hunter National Defense Authorization Act for Fiscal Year
2009''.
(b)-(c) * * *
* * * * * * *
TITLE III--OPERATION AND MAINTENANCE
* * * * * * *
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 2009 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for expenses, not
otherwise provided for, for operation and maintenance, in
amounts as follows:
(1)-(18) * * *
(19) For Cooperative Threat Reduction programs,
$434,135,000.
(20) * * *
* * * * * * *
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
FUNDS.
(a) Specification of Cooperative Threat Reduction
Programs.--For purposes of section 301 and other provisions of
this Act, Cooperative Threat Reduction programs are the
programs specified in section 1501 of the National Defense
Authorization Act for Fiscal Year 1997 (50 U.S.C. 2362 note).
(b) Fiscal Year 2009 Cooperative Threat Reduction Funds
Defined.--As used in this title, the term ``fiscal year 2009
Cooperative Threat Reduction funds'' means the funds
appropriated pursuant to the authorization of appropriations in
section 301 for Cooperative Threat Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to
the authorization of appropriations in section 301 for
Cooperative Threat Reduction programs shall be available for
obligation for fiscal years 2009, 2010, and 2011.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $434,135,000
authorized to be appropriated to the Department of Defense for
fiscal year 2009 in section 301(19) for Cooperative Threat
Reduction programs, the following amounts may be obligated for
the purposes specified:
(1) For strategic offensive arms elimination in
Russia, $79,985,000.
(2) For strategic nuclear arms elimination in
Ukraine, $6,400,000.
(3) For nuclear weapons storage security in Russia,
$24,101,000.
(4) For nuclear weapons transportation security in
Russia, $40,800,000.
(5) For weapons of mass destruction proliferation
prevention in the states of the former Soviet Union,
$59,286,000.
(6) For biological threat reduction in the former
Soviet Union, $184,463,000.
(7) For chemical weapons destruction, $1,000,000.
(8) For defense and military contacts, $8,000,000.
(9) For new Cooperative Threat Reduction initiatives,
$10,000,000.
(10) For activities designated as Other Assessments/
Administrative Costs, $20,100,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2009 Cooperative Threat Reduction
funds may be obligated or expended for a purpose other than a
purpose listed in paragraphs (1) through (10) of subsection (a)
until 15 days after the date that the Secretary of Defense
submits to Congress a report on the purpose for which the funds
will be obligated or expended and the amount of funds to be
obligated or expended. Nothing in the preceding sentence shall
be construed as authorizing the obligation or expenditure of
fiscal year 2009 Cooperative Threat Reduction funds for a
purpose for which the obligation or expenditure of such funds
is specifically prohibited under this title or any other
provision of law.
(c) Limited Authority to Vary Individual Amounts.--
(1) In general.--Subject to paragraph (2), in any
case in which the Secretary of Defense determines that
it is necessary to do so in the national interest, the
Secretary may obligate amounts appropriated for fiscal
year 2009 for a purpose listed in paragraphs (1)
through (10) of subsection (a) in excess of the
specific amount authorized for that purpose.
(2) Notice-and-wait required.--An obligation of funds
for a purpose stated in paragraphs (1) through (10) of
subsection (a) in excess of the specific amount
authorized for such purpose may be made using the
authority provided in paragraph (1) only after--
(A) the Secretary submits to Congress
notification of the intent to do so together
with a complete discussion of the justification
for doing so; and
(B) 15 days have elapsed following the date
of the notification.
b. Cooperative Threat Reduction Appropriations, 2009
Partial text of Public Law 110-329 [Consolidated Security, Disaster
Assistance, and Continuing Appropriations Act, 2009; H.R. 2638], 122
Stat. 3574, approved September 30, 2008
AN ACT Making appropriations for the Department of Homeland Security
for the fiscal year ending September 30, 2008, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Security,
Disaster Assistance, and Continuing Appropriations Act, 2009''.
* * * * * * *
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2009
That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2009, for military functions administered
by the Department of Defense and for other purposes, namely:
* * * * * * *
TITLE II--OPERATION AND MAINTENANCE
* * * * * * *
Cooperative Threat Reduction Account
For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure
transportation and storage of nuclear, chemical and other
weapons; for establishing programs to prevent the proliferation
of weapons, weapons components, and weapon-related technology
and expertise; for programs relating to the training and
support of defense and military personnel for demilitarization
and protection of weapons, weapons components and weapons
technology and expertise, and for defense and military
contacts, $434,135,000, to remain available until September 30,
2011: Provided, That of the amounts provided under this
heading, $12,000,000 shall be available only to support the
dismantling and disposal of nuclear submarines, submarine
reactor components, and security enhancements for transport and
storage of nuclear warheads in the Russian Far East.
* * * * * * *
c. Cooperative Threat Reduction, Fiscal Year 2008
Partial text of Public Law 110-181 [National Defense Authorization Act
for Fiscal Year 2008; H.R. 4986], 122 Stat. 3, approved January 28,
2008
AN ACT To provide for the enactment of the National Defense
Authorization Act for Fiscal Year 2008, as previously enrolled, with
certain modifications to address the foreign sovereign immunities
provisions of title 28, United States Code, with respect to the
attachment of property in certain judgments against Iraq, the lapse of
statutory authorities for the payment of bonuses, special pays, and
similar benefits for members of the uniformed services, and for other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TREATMENT OF EXPLANATORY STATEMENT.
(a) Short Title.--This Act may be cited as the ``National
Defense Authorization Act for Fiscal Year 2008''.
* * * * * * *
TITLE III--OPERATION AND MAINTENANCE
* * * * * * *
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 2008 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for expenses, not
otherwise provided for, for operation and maintenance, in
amounts as follows:
(1)-(18) * * *
(19) For Former Soviet Union Threat Reduction
programs, $428,048,000.\1\
---------------------------------------------------------------------------
\1\ Title II of the Department of Defense Appropriations Act, 2008
(Public Law 110-116; 121 Stat. 1303) provided the following:
---------------------------------------------------------------------------
``Former Soviet Union Threat Reduction Account
---------------------------------------------------------------------------
``For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure transportation and
storage of nuclear, chemical and other weapons; for establishing
programs to prevent the proliferation of weapons, weapons components,
and weapon-related technology and expertise; for programs relating to
the training and support of defense and military personnel for
demilitarization and protection of weapons, weapons components and
weapons technology and expertise, and for defense and military
contacts, $428,048,000, to remain available until September 30, 2010:
Provided, That of the amounts provided under this heading, $12,000,000
shall be available only to support the dismantling and disposal of
nuclear submarines, submarine reactor components, and security
enhancements for transport and storage of nuclear warheads in the
Russian Far East.''.
---------------------------------------------------------------------------
(20) * * *
* * * * * * *
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Specification of Cooperative Threat Reduction programs in
states outside the former Soviet Union.
Sec. 1304. Repeal of restrictions on assistance to states of the former
Soviet Union for Cooperative Threat Reduction.
Sec. 1305. Modification of authority to use Cooperative Threat Reduction
funds outside the former Soviet Union.
Sec. 1306. New initiatives for the Cooperative Threat Reduction Program.
Sec. 1307. Report relating to chemical weapons destruction at
Shchuch'ye, Russia.
Sec. 1308. National Academy of Sciences study of prevention of
proliferation of biological weapons.
SEC. 1301.\2\ SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS
AND FUNDS.
(a) \2\ Specification of Cooperative Threat Reduction
Programs.--For purposes of section 301 and other provisions of
this Act, Cooperative Threat Reduction programs are the
programs specified in section 1501(b) of the National Defense
Authorization Act for Fiscal Year 1997 (50 U.S.C. 2362 note),
as amended by section 1303 of this Act.
---------------------------------------------------------------------------
\2\ 22 U.S.C. 5852 note.
---------------------------------------------------------------------------
(b) Fiscal Year 2008 Cooperative Threat Reduction Funds
Defined.--As used in this title, the term ``fiscal year 2008
Cooperative Threat Reduction funds'' means the funds
appropriated pursuant to the authorization of appropriations in
section 301 for Cooperative Threat Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to
the authorization of appropriations in section 301 for
Cooperative Threat Reduction programs shall be available for
obligation for three fiscal years.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $428,048,000
authorized to be appropriated to the Department of Defense for
fiscal year 2008 in section 301(19) for Cooperative Threat
Reduction programs, the following amounts may be obligated for
the purposes specified:
(1) For strategic offensive arms elimination in
Russia, $92,885,000.
(2) For nuclear weapons storage security in Russia,
$47,640,000.
(3) For nuclear weapons transportation security in
Russia, $37,700,000.
(4) For weapons of mass destruction proliferation
prevention in the states of the former Soviet Union,
$47,986,000.
(5) For biological weapons proliferation prevention
in the former Soviet Union, $158,489,000.
(6) For chemical weapons destruction, $6,000,000.
(7) For defense and military contacts, $8,000,000.
(8) For new Cooperative Threat Reduction initiatives
that are outside the former Soviet Union, $10,000,000.
(9) For activities designated as Other Assessments/
Administrative Support, $19,348,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2008 Cooperative Threat Reduction
funds may be obligated or expended for a purpose other than a
purpose listed in paragraphs (1) through (9) of subsection (a)
until 30 days after the date that the Secretary of Defense
submits to Congress a report on the purpose for which the funds
will be obligated or expended and the amount of funds to be
obligated or expended. Nothing in the preceding sentence shall
be construed as authorizing the obligation or expenditure of
fiscal year 2008 Cooperative Threat Reduction funds for a
purpose for which the obligation or expenditure of such funds
is specifically prohibited under this title or any other
provision of law.
(c) Limited Authority To Vary Individual Amounts.--
(1) In general.--Subject to paragraph (2), in any
case in which the Secretary of Defense determines that
it is necessary to do so in the national interest, the
Secretary may obligate amounts appropriated for fiscal
year 2008 for a purpose listed in paragraphs (1)
through (9) of subsection (a) in excess of the specific
amount authorized for that purpose.
(2) Notice-and-wait required.--An obligation of funds
for a purpose stated in paragraphs (1) through (9) of
subsection (a) in excess of the specific amount
authorized for such purpose may be made using the
authority provided in paragraph (1) only after--
(A) the Secretary submits to Congress
notification of the intent to do so together
with a complete discussion of the justification
for doing so; and
(B) 15 days have elapsed following the date
of the notification.
SEC. 1303. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS IN
STATES OUTSIDE THE FORMER SOVIET UNION.
Section 1501 of the National Defense Authorization Act for
Fiscal Year 1997 (50 U.S.C. 2362 note) is amended-- * * *
SEC. 1304. REPEAL OF RESTRICTIONS ON ASSISTANCE TO STATES OF THE FORMER
SOVIET UNION FOR COOPERATIVE THREAT REDUCTION.
(a) In General.--
(1) Soviet nuclear threat reduction act of 1991.--The
Soviet Nuclear Threat Reduction Act of 1991 (title II
of Public Law 102-228; 22 U.S.C. 2551 note) is
amended-- * * *
(2) Cooperative threat reduction act of 1993.--
Section 1203 of the Cooperative Threat Reduction Act of
1993 (22 U.S.C. 5952) is amended * * *
(3) Russian chemical weapons destruction
facilities.--Section 1305 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-
65; 22 U.S.C. 5952 note) is repealed.
(4) Conforming repeal.--Section 1303 of the Ronald W.
Reagan National Defense Authorization Act for Fiscal
Year 2005 (Public Law 108-375; 22 U.S.C. 5952 note) is
repealed.
(b) \2\ Inapplicability of Other Restrictions.--Section 502
of the Freedom for Russia and Emerging Eurasian Democracies and
Open Markets Support Act of 1992 (22 U.S.C. 5852) shall not
apply to any Cooperative Threat Reduction program.
SEC. 1305. MODIFICATION OF AUTHORITY TO USE COOPERATIVE THREAT
REDUCTION FUNDS OUTSIDE THE FORMER SOVIET UNION.
Section 1308 of the National Defense Authorization Act for
Fiscal Year 2004 (22 U.S.C. 5963) is amended-- * * *
SEC. 1306. NEW INITIATIVES FOR THE COOPERATIVE THREAT REDUCTION
PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Department of Defense Cooperative Threat
Reduction (CTR) Program should be strengthened and
expanded, in part by developing new CTR initiatives;
(2) such new initiatives should--
(A) be well-coordinated with the Department
of Energy, the Department of State, and any
other relevant United States Government agency
or department;
(B) include appropriate transparency and
accountability mechanisms, and legal frameworks
and agreements between the United States and
CTR partner countries;
(C) reflect engagement with non-governmental
experts on possible new options for the CTR
Program;
(D) include work with the Russian Federation
and other countries to establish strong CTR
partnerships that, among other things--
(i) increase the role of scientists
and government officials of CTR partner
countries in designing CTR programs and
projects; and
(ii) increase financial contributions
and additional commitments to CTR
programs and projects from Russia and
other partner countries, as
appropriate, as evidence that the
programs and projects reflect national
priorities and will be sustainable;
(E) include broader international cooperation
and partnerships, and increased international
contributions;
(F) incorporate a strong focus on national
programs and sustainability, which includes
actions to address concerns raised and
recommendations made by the Government
Accountability Office, in its report of
February 2007 titled ``Progress Made in
Improving Security at Russian Nuclear Sites,
but the Long-Term Sustainability of U.S. Funded
Security Upgrades is Uncertain'', which pertain
to the Department of Defense;
(G) continue to focus on the development of
CTR programs and projects that secure nuclear
weapons; secure and eliminate chemical and
biological weapons and weapons-related
materials; and eliminate nuclear, chemical, and
biological weapons-related delivery vehicles
and infrastructure at the source; and
(H) include efforts to develop new CTR
programs and projects in Russia and the former
Soviet Union, and in countries and regions
outside the former Soviet Union, as appropriate
and in the interest of United States national
security; and
(3) such new initiatives could include--
(A) programs and projects in Asia and the
Middle East; and
(B) activities relating to the
denuclearization of the Democratic People's
Republic of Korea.
(b) National Academy of Sciences Study.--
(1) Study.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense
shall enter into an arrangement with the National
Academy of Sciences under which the Academy shall carry
out a study to analyze options for strengthening and
expanding the CTR Program.
(2) Matters to be included in study.--The Secretary
shall provide for the study under paragraph (1) to
include--
(A) an assessment of new CTR initiatives
described in subsection (a); and
(B) an identification of options and
recommendations for strengthening and expanding
the CTR Program.
(3) Submission of national academy of sciences
report.--The National Academy of Sciences shall submit
to Congress a report on the study under this subsection
at the same time that such report is submitted to the
Secretary of Defense pursuant to subsection (c).
(c) Secretary of Defense Report.--
(1) In general.--Not later than 90 days after receipt
of the report under subsection (b), the Secretary of
Defense shall submit to Congress a report on new CTR
initiatives. The report shall include--
(A) a summary of the results of the study
carried out under subsection (b);
(B) an assessment by the Secretary of the
study; and
(C) a statement of the actions, if any, to be
undertaken by the Secretary to implement any
recommendations in the study.
(2) Form.--The report shall be in unclassified form
but may include a classified annex if necessary.
(d) Funding.--Of the amounts appropriated pursuant to the
authorization of appropriations in section 301(19) or otherwise
made available for Cooperative Threat Reduction programs for
fiscal year 2008, not more than $1,000,000 shall be obligated
or expended to carry out this section.
SEC. 1307. REPORT RELATING TO CHEMICAL WEAPONS DESTRUCTION AT
SHCHUCH'YE, RUSSIA.
(a) Definition.--In this section, the terms ``Shchuch'ye
project'' and ``project'' mean the Cooperative Threat Reduction
Program chemical weapons destruction project located in the
area of Shchuch'ye in the Russian Federation.
(b) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on the
Shchuch'ye project. The report shall include--
(1) a current and detailed cost estimate for
completion of the project, to include costs that will
be borne by the United States and Russia, respectively;
and
(2) a specific strategic and operating plan for
completion of the project, which includes--
(A) the Department's plans to ensure robust
project management and oversight, including
management and oversight with respect to the
performance of any contractors;
(B) project quality assurance and
sustainability measures;
(C) metrics for measuring project progress
with a timetable for achieving goals, including
initial systems integration and start-up
testing; and
(D) a projected project completion date.
SEC. 1308. NATIONAL ACADEMY OF SCIENCES STUDY OF PREVENTION OF
PROLIFERATION OF BIOLOGICAL WEAPONS.
(a) Study Required.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of Defense shall
enter into an arrangement with the National Academy of Sciences
under which the Academy shall carry out a study to identify
areas for cooperation with states other than states of the
former Soviet Union under the Cooperative Threat Reduction
Program of the Department of Defense in the prevention of
proliferation of biological weapons.
(b) Matters To Be Included in Study.--The Secretary shall
provide for the study under subsection (a) to include the
following:
(1) An assessment of the capabilities and capacity of
governments of developing countries to control the
containment and use of dual-use technologies of
potential interest to terrorist organizations or
individuals with hostile intentions.
(2) An assessment of the approaches to cooperative
threat reduction used by the states of the former
Soviet Union that are of special relevance in
preventing the proliferation of biological weapons in
other areas of the world.
(3) A brief review of programs of the United States
Government and other governments, international
organizations, foundations, and other private sector
entities that may contribute to the prevention of the
proliferation of biological weapons.
(4) Recommendations on steps for integrating
activities of the Cooperative Threat Reduction Program
relating to biological weapons proliferation prevention
with activities of other departments and agencies of
the United States, as appropriate, in states outside of
the former Soviet Union.
(c) Submission of National Academy of Sciences Report.--The
National Academy of Sciences shall submit to Congress a report
on the study under subsection (a) at the same time that such
report is submitted to the Secretary of Defense pursuant to
subsection (d).
(d) Secretary of Defense Report.--
(1) In general.--Not later than 90 days after receipt
of the report required by subsection (a), the Secretary
shall submit to the Congress a report on the study
carried out under subsection (a).
(2) Matters to be included.--The report under
paragraph (1) shall include the following:
(A) A summary of the results of the study
carried out under subsection (a).
(B) An assessment by the Secretary of the
study.
(C) A statement of the actions, if any, to be
undertaken by the Secretary to implement any
recommendations in the study.
(3) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a
classified annex.
(e) Funding.--Of the amounts appropriated pursuant to the
authorization of appropriations in section 301(19) or otherwise
made available for Cooperative Threat Reduction programs for
fiscal year 2008, not more than $1,000,000 may be obligated or
expended to carry out this section.
* * * * * * *
d. Cooperative Threat Reduction Authorization in Response to 9/11
Commission Recommendations, Fiscal Year 2008
Partial text of Public Law 110-53 [Implementing Recommendations of the
9/11 Commission Act of 2007; H.R. 1], 121 Stat. 266, approved August 3,
2007
AN ACT To provide for the implementation of the recommendations of the
National Commission on Terrorist Attacks Upon the United States.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Implementing Recommendations of the 9/11 Commission Act of
2007''.
(b) * * *
* * * * * * *
TITLE XVIII--PREVENTING WEAPONS OF MASS DESTRUCTION PROLIFERATION AND
TERRORISM
SEC. 1801.\1\ FINDINGS.
The 9/11 Commission has made the following recommendations:
---------------------------------------------------------------------------
\1\ 50 U.S.C. 2901.
---------------------------------------------------------------------------
(1)-(2) * * *
(3) Support the cooperative threat reduction
program.--The United States should expand, improve,
increase resources for, and otherwise fully support the
Cooperative Threat Reduction program.
* * * * * * *
Subtitle A--Repeal and Modification of Limitations on Assistance for
Prevention of WMD Proliferation and Terrorism
SEC. 1811. REPEAL AND MODIFICATION OF LIMITATIONS ON ASSISTANCE FOR
PREVENTION OF WEAPONS OF MASS DESTRUCTION
PROLIFERATION AND TERRORISM.
Consistent with the recommendations of the 9/11 Commission,
Congress repeals or modifies the limitations on assistance for
prevention of weapons of mass destruction proliferation and
terrorism as follows:
(1) Soviet nuclear threat reduction act of 1991.--
Subsections (b) and (c) of section 211 of the Soviet
Nuclear Threat Reduction Act of 1991 (title II of
Public Law 102-228; 22 U.S.C. 2551 note) are repealed.
(2) Cooperative threat reduction act of 1993.--
Section 1203(d) of the Cooperative Threat Reduction Act
of 1993 (title XII of Public Law 103-160; 22 U.S.C.
5952(d)) is repealed.
(3) Russian chemical weapons destruction
facilities.--Section 1305 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-
65; 22 U.S.C. 5952 note) is repealed.
(4) Authority to use cooperative threat reduction
funds outside the former soviet union--modification of
certification requirement; congressional notice
requirement.--Section 1308 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-
136; 22 U.S.C. 5963) is amended-- * * *
* * * * * * *
Subtitle C--Assistance to Accelerate Programs to Prevent Weapons of
Mass Destruction Proliferation and Terrorism
SEC. 1831.\2\ STATEMENT OF POLICY.
It shall be the policy of the United States, consistent
with the 9/11 Commission's recommendations, to eliminate any
obstacles to timely obligating and executing the full amount of
any appropriated funds for threat reduction and
nonproliferation programs in order to accelerate and strengthen
progress on preventing weapons of mass destruction (WMD)
proliferation and terrorism. Such policy shall be implemented
with concrete measures, such as those described in this title,
including the removal and modification of statutory limits to
executing funds, the expansion and strengthening of the
Proliferation Security Initiative, the establishment of the
Office of the United States Coordinator for the Prevention of
Weapons of Mass Destruction Proliferation and Terrorism under
subtitle D, and the establishment of the Commission on the
Prevention of Weapons of Mass Destruction Proliferation and
Terrorism under subtitle E. As a result, Congress intends
thatany funds authorized to be appropriated to programs for
preventing WMD proliferation and terrorism under this subtitle
will be executed in a timely manner.
---------------------------------------------------------------------------
\2\ 50 U.S.C. 2921.
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SEC. 1832.\3\ AUTHORIZATION OF APPROPRIATIONS FOR THE DEPARTMENT OF
DEFENSE COOPERATIVE THREAT REDUCTION PROGRAM.
(a) Fiscal Year 2008.--
---------------------------------------------------------------------------
\3\ 50 U.S.C. 2922.
---------------------------------------------------------------------------
(1) In general.--Subject to paragraph (2), there are
authorized to be appropriated to the Department of
Defense Cooperative Threat Reduction Program such sums
as may be necessary for fiscal year 2008 for the
following purposes:
(A) Chemical weapons destruction at
Shchuch'ye, Russia.
(B) Biological weapons proliferation
prevention.
(C) Acceleration, expansion, and
strengthening of Cooperative Threat Reduction
Program activities.
(2) Limitation.--The sums appropriated pursuant to
paragraph (1) may not exceed the amounts authorized to
be appropriated by any national defense authorization
Act for fiscal year 2008 (whether enacted before or
after the date of the enactment of this Act) to the
Department of Defense Cooperative Threat Reduction
Program for such purposes.
(b) Future Years.--It is the sense of Congress that in
fiscal year 2008 and future fiscal years, the President should
accelerate and expand funding for Cooperative Threat Reduction
programs administered by the Department of Defense and such
efforts should include, beginning upon enactment of this Act,
encouraging additional commitments by the Russian Federation
and other partner nations, as recommended by the 9/11
Commission.
SEC. 1833.\4\ AUTHORIZATION OF APPROPRIATIONS FOR THE DEPARTMENT OF
ENERGY PROGRAMS TO PREVENT WEAPONS OF MASS
DESTRUCTION PROLIFERATION AND TERRORISM.
(a) In General.--Subject to subsection (b), there are
authorized to be appropriated to Department of Energy National
Nuclear Security Administration Defense Nuclear
Nonproliferation such sums as may be necessary for fiscal year
2008 to accelerate, expand, and strengthen the following
programs to prevent weapons of mass destruction (WMD)
proliferation and terrorism:
---------------------------------------------------------------------------
\4\ 50 U.S.C. 2923.
---------------------------------------------------------------------------
(1) The Global Threat Reduction Initiative.
(2) The Nonproliferation and International Security
program.
(3) The International Materials Protection, Control
and Accounting program.
(4) The Nonproliferation and Verification Research
and Development program.
(b) Limitation.--The sums appropriated pursuant to
subsection (a) may not exceed the amounts authorized to be
appropriated by any national defense authorization Act for
fiscal year 2008 (whether enacted before or after the date of
the enactment of this Act) to Department of Energy National
Nuclear Security Administration Defense Nuclear
Nonproliferation for such purposes.
* * * * * * *
e. Cooperative Threat Reduction, Fiscal Year 2007
Partial text of Public Law 109-364 [John Warner National Defense
Authorization Act for Fiscal Year 2007; H.R. 5122], 120 Stat. 2083,
approved October 17, 2006
AN ACT To authorize appropriations for fiscal year 2007 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``John
Warner National Defense Authorization Act for Fiscal Year
2007''.
(b) * * *
* * * * * * *
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
* * * * * * *
TITLE III--OPERATION AND MAINTENANCE
* * * * * * *
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 2007 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for expenses, not
otherwise provided for, for operation and maintenance, in
amounts as follows:
(1)-(17) * * *
(18) For Former Soviet Union Threat Reduction
programs, $372,128,000.
(19) * * *
* * * * * * *
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Extension of temporary authority to waive limitation on
funding for chemical weapons destruction facility in Russia.
Sec. 1304. National Academy of Sciences study of prevention of
proliferation of biological weapons.
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
FUNDS.
(a) Specification of CTR Programs.--For purposes of section
301 and other provisions of this Act, Cooperative Threat
Reduction programs are the programs specified in section
1501(b) of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362
note).
(b) Fiscal Year 2007 Cooperative Threat Reduction Funds
Defined.--As used in this title, the term ``fiscal year 2007
Cooperative Threat Reduction funds'' means the funds
appropriated pursuant to the authorization of appropriations in
section 301 for Cooperative Threat Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to
the authorization of appropriations in section 301 for
Cooperative Threat Reduction programs shall be available for
obligation for three fiscal years.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $372,128,000
authorized to be appropriated to the Department of Defense for
fiscal year 2007 in section 301(19) for Cooperative Threat
Reduction programs, the following amounts may be obligated for
the purposes specified:
(1) For strategic offensive arms elimination in
Russia, $76,985,000.
(2) For nuclear weapons storage security in Russia,
$87,100,000.
(3) For nuclear weapons transportation security in
Russia, $33,000,000.
(4) For weapons of mass destruction proliferation
prevention in the states of the former Soviet Union,
$37,486,000.
(5) For biological weapons proliferation prevention
in the former Soviet Union, $68,357,000.
(6) For chemical weapons destruction in Russia,
$42,700,000.
(7) For defense and military contacts, $8,000,000.
(8) For activities designated as Other Assessments/
Administrative Support, $18,500,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2007 Cooperative Threat Reduction
funds may be obligated or expended for a purpose other than a
purpose listed in paragraphs (1) through (8) of subsection (a)
until 30 days after the date that the Secretary of Defense
submits to Congress a report on the purpose for which the funds
will be obligated or expended and the amount of funds to be
obligated or expended. Nothing in the preceding sentence shall
be construed as authorizing the obligation or expenditure of
fiscal year 2007 Cooperative Threat Reduction funds for a
purpose for which the obligation or expenditure of such funds
is specifically prohibited under this title or any other
provision of law.
(c) Limited Authority to Vary Individual Amounts.--
(1) In general.--Subject to paragraphs (2) and (3),
in any case in which the Secretary of Defense
determines that it is necessary to do so in the
national interest, the Secretary may obligate amounts
appropriated for fiscal year 2007 for a purpose listed
in any of the paragraphs in subsection (a) in excess of
the specific amount authorized for that purpose.
(2) Notice-and-wait required.--An obligation of funds
for a purpose stated in any of the paragraphs in
subsection (a) in excess of the specific amount
authorized for such purpose may be made using the
authority provided in paragraph (1) only after--
(A) the Secretary submits to Congress
notification of the intent to do so together
with a complete discussion of the justification
for doing so; and
(B) 15 days have elapsed following the date
of the notification.
(3) Restriction.--The Secretary may not, under the
authority provided in paragraph (1), obligate amounts
for a purpose stated in any of paragraphs (6) through
(8) of subsection (a) in excess of 125 percent of the
specific amount authorized for such purpose.
SEC. 1303. EXTENSION OF TEMPORARY AUTHORITY TO WAIVE LIMITATION ON
FUNDING FOR CHEMICAL WEAPONS DESTRUCTION FACILITY
IN RUSSIA.
Section 1303 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118
Stat. 2094; 22 U.S.C. 5952 note) is amended-- * * *
SEC. 1304. NATIONAL ACADEMY OF SCIENCES STUDY OF PREVENTION OF
PROLIFERATION OF BIOLOGICAL WEAPONS.
(a) Study Required.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of Defense shall
enter into an arrangement with the National Academy of Sciences
under which the Academy shall carry out a study to identify
areas for further cooperation with Russia and other states of
the former Soviet Union under the Cooperative Threat Reduction
(CTR) program of the Department of Defense in the specific area
of prevention of proliferation biological weapons.
(b) Matters to Be Included in Study.--The Secretary shall
provide for the study under subsection (a) to include the
following:
(1) A brief review of any ongoing or previously
completed United States Government program (whether
conducted through the Cooperative Threat Reduction
program or otherwise) in the area of prevention of
proliferation of biological weapons.
(2) An identification of further cooperative work
between the United States Government and foreign
governments, including technical scientific
cooperation, that could effectively be pursued in the
area of prevention of proliferation of biological
weapons and the objectives that such work would be
designed to achieve.
(3) An identification of any obstacles to designing
and implementing a nonproliferation program (whether
conducted through the Cooperative Threat Reduction
program or otherwise) that could successfully
accomplish the objectives identified pursuant to
paragraph (2), together with recommendations for
overcoming such obstacles, including recommendations in
the area of coordination among relevant United States
Government departments and agencies.
(c) Report.--
(1) Secretary of defense report.--Not later than
December 31, 2007, the Secretary of Defense shall
submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives a report on the study carried out under
subsection (a).
(2) Matters to be incuded.\1\--The report under
paragraph (1) shall incude the following:
---------------------------------------------------------------------------
\1\ As enrolled.
---------------------------------------------------------------------------
(A) The results of the study carried out
under subsection (a), including any report
received from the National Academy of Sciences
on such study.
(B) An assessment of the study by the
Secretary.
(C) an action plan for implementing the
recommendations from the study, if any, that
the Secretary has decided to pursue.
(3) Form of submittal.--The report under paragraph
(1) shall be submitted in unclassified form, but may
include a classified annex.
(d) Funding.--Of the amounts made available pursuant to the
authorization of appropriations in section 301(19) \2\ for
Cooperative Threat Reduction programs, not more than $150,000
shall be available to carry out this section.
---------------------------------------------------------------------------
\2\ Sec. 301(18) of this Act authorizes $372,128,000 for Former
Soviet Union Threat Reduction programs. Sec. 301(19) authorizes
$63,204,000 for Overseas Humanitarian Disaster and Civic Aid.
---------------------------------------------------------------------------
* * * * * * *
f. Cooperative Threat Reduction, Fiscal Year 2006
Partial text of Public Law 109-163 [National Defense Authorization Act
for Fiscal Year 2006; H.R. 1815], 119 Stat. 3136, approved January 6,
2006
AN ACT To authorize appropriations for fiscal year 2006 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 2006''.
* * * * * * *
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 2006 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for expenses, not
otherwise provided for, for operation and maintenance, in
amounts as follows:
(1)-(18) * * *
(19) For Cooperative Threat Reduction programs,
$415,459,000.\1\
---------------------------------------------------------------------------
\1\ Title II of the Department of Defense Appropriations Act, 2006
(division A of Public Law 109-148; 119 Stat. 2687) provided the
following:
---------------------------------------------------------------------------
``Former Soviet Union Threat Reduction Account
---------------------------------------------------------------------------
``For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure transportation and
storage of nuclear, chemical and other weapons; for establishing
programs to prevent the proliferation of weapons, weapons components,
and weapon-related technology and expertise; for programs relating to
the training and support of defense and military personnel for
demilitarization and protection of weapons, weapons components and
weapons technology and expertise, and for defense and military
contacts, $415,549,000, to remain available until September 30, 2008:
Provided, That of the amounts provided under this heading, $15,000,000
shall be available only to support the dismantling and disposal of
nuclear submarines, submarine reactor components, and security
enhancements for transport and storage of nuclear warheads in the
Russian Far East.''.
Subsequently, chapter 2 of title I of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and Hurricane
Recovery, 2006 (Public Law 109-234; 120 Stat. 422) provided the
following:
---------------------------------------------------------------------------
``Former Soviet Union Threat Reduction Account
---------------------------------------------------------------------------
``For an additional amount for ``Former Soviet Union Threat
Reduction Account'', $44,500,000: Provided, That the amount provided
under this heading is designated as an emergency requirement pursuant
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.''.
---------------------------------------------------------------------------
(20) * * *
* * * * * * *
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Permanent waiver of restrictions on use of funds for threat
reduction in states of the former Soviet Union.
Sec. 1304. Report on elimination of impediments to threat-reduction and
nonproliferation programs in the former Soviet Union.
Sec. 1305. Repeal of requirement for annual Comptroller General
assessment of annual Department of Defense report on
activities and assistance under Cooperative Threat Reduction
programs.
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
FUNDS.
(a) Specification of CTR Programs.--For purposes of section
301 and other provisions of this Act, Cooperative Threat
Reduction programs are the programs specified in section
1501(b) of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362
note).
(b) Fiscal Year 2006 Cooperative Threat Reduction Funds
Defined.--As used in this title, the term ``fiscal year 2006
Cooperative Threat Reduction funds'' means the funds
appropriated pursuant to the authorization of appropriations in
section 301 for Cooperative Threat Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to
the authorization of appropriations in section 301 for
Cooperative Threat Reduction programs shall be available for
obligation for three fiscal years.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $415,549,000
authorized to be appropriated to the Department of Defense for
fiscal year 2006 in section 301(19) for Cooperative Threat
Reduction programs, the following amounts may be obligated for
the purposes specified:
(1) For strategic offensive arms elimination in
Russia, $78,900,000.
(2) For nuclear weapons storage security in Russia,
$74,100,000.
(3) For nuclear weapons transportation security in
Russia, $30,000,000.
(4) For weapons of mass destruction proliferation
prevention in the states of the former Soviet Union,
$40,600,000.
(5) For biological weapons proliferation prevention
in the former Soviet Union, $60,849,000.
(6) For chemical weapons destruction in Russia,
$108,500,000.
(7) For defense and military contacts, $8,000,000.
(8) For activities designated as Other Assessments/
Administrative Support, $14,600,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2006 Cooperative Threat Reduction
funds may be obligated or expended for a purpose other than a
purpose listed in paragraphs (1) through (8) of subsection (a)
until 30 days after the date that the Secretary of Defense
submits to Congress a report on the purpose for which the funds
will be obligated or expended and the amount of funds to be
obligated or expended. Nothing in the preceding sentence shall
be construed as authorizing the obligation or expenditure of
fiscal year 2006 Cooperative Threat Reduction funds for a
purpose for which the obligation or expenditure of such funds
is specifically prohibited under this title or any other
provision of law.
(c) Limited Authority to Vary Individual Amounts.--(1)
Subject to paragraphs (2) and (3), in any case in which the
Secretary of Defense determines that it is necessary to do so
in the national interest, the Secretary may obligate amounts
appropriated for fiscal year 2006 for a purpose listed in any
of the paragraphs in subsection (a) in excess of the specific
amount authorized for that purpose.
(2) An obligation of funds for a purpose stated in any of
the paragraphs in subsection (a) in excess of the specific
amount authorized for such purpose may be made using the
authority provided in paragraph (1) only after--
(A) the Secretary submits to Congress notification of
the intent to do so together with a complete discussion
of the justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
(3) The Secretary may not, under the authority provided in
paragraph (1), obligate amounts for a purpose stated in any of
paragraphs (6) through (8) of subsection (a) in excess of 125
percent of the specific amount authorized for such purpose.
SEC. 1303. PERMANENT WAIVER OF RESTRICTIONS ON USE OF FUNDS FOR THREAT
REDUCTION IN STATES OF THE FORMER SOVIET UNION.
Section 1306 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 22
U.S.C. 5952 note) is amended-- * * *
SEC. 1304.\2\ REPORT ON ELIMINATION OF IMPEDIMENTS TO THREAT REDUCTION
AND NONPROLIFERATION PROGRAMS IN THE FORMER SOVIET
UNION.
Not later than November 1, 2006, the President shall submit
to Congress a report on impediments to the effective conduct of
Cooperative Threat Reduction programs and related threat
reduction and nonproliferation programs and activities in the
states of the former Soviet Union. The report shall--
---------------------------------------------------------------------------
\2\ In a memorandum dated May 26, 2006 (71 F.R. 36435; June 26,
2006), the President delegated his functions under sec. 1304 to the
Secretary of State.
---------------------------------------------------------------------------
(1) identify the impediments to the rapid, efficient,
and effective conduct of programs and activities of the
Department of Defense, the Department of State, and the
Department of Energy, including issues relating to
access to sites, liability, and taxation; and
(2) describe the plans of the United States to
overcome or ameliorate such impediments, including an
identification and discussion of new models and
approaches that might be used to develop new
relationships with entities in the states of the former
Soviet Union capable of assisting in removing or
ameliorating those impediments, and any congressional
action that may be necessary for that purpose.
SEC. 1305. REPEAL OF REQUIREMENT FOR ANNUAL COMPTROLLER GENERAL
ASSESSMENT OF ANNUAL DEPARTMENT OF DEFENSE REPORT
ON ACTIVITIES AND ASSISTANCE UNDER COOPERATIVE
THREAT REDUCTION PROGRAMS.
Section 1308 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-398; 114 Stat. 1654A-341; 22 U.S.C. 5959) is
amended * * *
* * * * * * *
g. Cooperative Threat Reduction, Fiscal Year 2005
Partial text of Public Law 108-375 [Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005; H.R. 4200], 118 Stat. 1811,
approved October 28, 2004; as amended by Public Law 109-364 [John
Warner National Defense Authorization Act for Fiscal Year 2007; H.R.
5122], 120 Stat. 2083, approved October 17, 2006; and Public Law 110-
181 [National Defense Authorization Act for Fiscal Year 2008; H.R.
4986], 122 Stat. 3, approved January 28, 2008
AN ACT To authorize appropriations for fiscal year 2005 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005''.
* * * * * * *
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 2005 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for expenses, not
otherwise provided for, for operation and maintenance, in
amounts as follows:
(1)-(18) * * *
(19) For Cooperative Threat Reduction programs,
$409,200,000.\1\
---------------------------------------------------------------------------
\1\ Title II of the Department of Defense Appropriations Act, 2005
(Public Law 108-287; 118 Stat. 959) provided the following:
---------------------------------------------------------------------------
``Former Soviet Union Threat Reduction Account
---------------------------------------------------------------------------
``For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure transportation and
storage of nuclear, chemical and other weapons; for establishing
programs to prevent the proliferation of weapons, weapons components,
and weapon-related technology and expertise; for programs relating to
the training and support of defense and military personnel for
demilitarization and protection of weapons, weapons components and
weapons technology and expertise, and for defense and military
contacts, $409,200,000, to remain available until September 30, 2007:
Provided, That of the amounts provided under this heading, $15,000,000
shall be available only to support the dismantling and disposal of
nuclear submarines, submarine reactor components, and security
enhancements for transport and storage of nuclear warheads in the
Russian Far East.''.
Title VIII of Public Law 108-287 (118 Stat. 981) provided a partial
rescission of previous appropriations:
---------------------------------------------------------------------------
``(rescissions)
---------------------------------------------------------------------------
``Sec. 8049. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts:
---------------------------------------------------------------------------
``* * *
`` `Former Soviet Union Threat Reduction, 2003/2005', $50,000,000;
``* * *''.
(20) * * *
* * * * * * *
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
* * *
Sec. 1304. Inclusion of descriptive summaries in annual Cooperative
Threat Reduction reports and budget justification materials.
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
FUNDS.
(a) Specification of CTR Programs.--For purposes of section
301 and other provisions of this Act, Cooperative Threat
Reduction programs are the programs specified in section
1501(b) of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362
note).
(b) Fiscal Year 2005 Cooperative Threat Reduction Funds
Defined.--As used in this title, the term ``fiscal year 2005
Cooperative Threat Reduction funds'' means the funds
appropriated pursuant to the authorization of appropriations in
section 301 for Cooperative Threat Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to
the authorization of appropriations in section 301 for
Cooperative Threat Reduction programs shall be available for
obligation for three fiscal years.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $409,200,000
authorized to be appropriated to the Department of Defense for
fiscal year 2005 in section 301(19) for Cooperative Threat
Reduction programs, the following amounts may be obligated for
the purposes specified:
(1) For strategic offensive arms elimination in
Russia, $58,522,000.
(2) For nuclear weapons storage security in Russia,
$48,672,000.
(3) For nuclear weapons transportation security in
Russia, $26,300,000.
(4) For weapons of mass destruction proliferation
prevention in the states of the former Soviet Union,
$40,030,000.
(5) For chemical weapons destruction in Russia,
$158,400,000.
(6) For biological weapons proliferation prevention
in the former Soviet Union, $54,959,000.
(7) For defense and military contacts, $8,000,000.
(8) For activities designated as Other Assessments/
Administrative Support, $14,317,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2005 Cooperative Threat Reduction
funds may be obligated or expended for a purpose other than a
purpose listed in paragraphs (1) through (8) of subsection (a)
until 30 days after the date that the Secretary of Defense
submits to Congress a report on the purpose for which the funds
will be obligated or expended and the amount of funds to be
obligated or expended. Nothing in the preceding sentence shall
be construed as authorizing the obligation or expenditure of
fiscal year 2005 Cooperative Threat Reduction funds for a
purpose for which the obligation or expenditure of such funds
is specifically prohibited under this title or any other
provision of law.
(c) Limited Authority to Vary Individual Amounts.--(1)
Subject to paragraphs (2) and (3), in any case in which the
Secretary of Defense determines that it is necessary to do so
in the national interest, the Secretary may obligate amounts
appropriated for fiscal year 2005 for a purpose listed in any
of the paragraphs in subsection (a) in excess of the specific
amount authorized for that purpose.
(2) An obligation of funds for a purpose stated in any of
the paragraphs in subsection (a) in excess of the specific
amount authorized for such purpose may be made using the
authority provided in paragraph (1) only after--
(A) the Secretary submits to Congress notification of
the intent to do so together with a complete discussion
of the justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
(3) The Secretary may not, under the authority provided in
paragraph (1), obligate amounts for a purpose stated in any of
paragraphs (5) through (8) of subsection (a) in excess of 125
percent of the specific amount authorized for such purpose.
SEC. 1303.\2\ * * * [REPEALED--2008]
SEC. 1304. INCLUSION OF DESCRIPTIVE SUMMARIES IN ANNUAL COOPERATIVE
THREAT REDUCTION REPORTS AND BUDGET JUSTIFICATION
MATERIALS.
Section 1307 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112
Stat. 2165; 22 U.S.C. 5952 note) is amended-- * * *
---------------------------------------------------------------------------
\2\ Sec. 1304(a)(4) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 413) repealed sec.
1303. It provided temporary authority to waive a limitation on funding
for chemical weapons destruction contained in sec. 1305 of Public Law
106-65, which sec. 1304(a)(3) of Public 110-181 repealed.
Sec. 1303 of the John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2432) had made earlier
amendments to this section.
---------------------------------------------------------------------------
* * * * * * *
h. Cooperative Threat Reduction, Fiscal Year 2004
Partial text of Public Law 108-136 [National Defense Authorization Act
for Fiscal Year 2004; H.R. 1588], 117 Stat. 1392, approved November 23,
2003; as amended by Public Law 110-53 [Implementing Recommendations of
the 9/11 Commission Act of 2007; H.R. 1], 121 Stat. 266, approved
August 3, 2007; and Public Law 110-181 [National Defense Authorization
Act for Fiscal Year 2008; H.R. 4986], 122 Stat. 3, approved January 28,
2008
AN ACT To authorize appropriations for fiscal year 2004 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``National
Defense Authorization Act for Fiscal Year 2004''.
* * * * * * *
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 2004 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for expenses, not
otherwise provided for, for operation and maintenance, in
amounts as follows:
(1)-(18) * * *
(19) For Cooperative Threat Reduction programs,
$450,800,000.\1\
---------------------------------------------------------------------------
\1\ Title II of the Department of Defense Appropriations Act, 2004
(Public Law 108-87; 117 Stat. 1061) provides the following:
---------------------------------------------------------------------------
``Former Soviet Union Threat Reduction
---------------------------------------------------------------------------
``For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure transportation and
storage of nuclear, chemical and other weapons; for establishing
programs to prevent the proliferation of weapons, weapons components,
and weapon-related technology and expertise; for programs relating to
the training and support of defense and military personnel for
demilitarization and protection of weapons, weapons components and
weapons technology and expertise, and for defense and military
contacts, $450,800,000, to remain available until September 30, 2006:
Provided, That of the amounts provided under this heading, $10,000,000
shall be available only to support the dismantling and disposal of
nuclear submarines, submarine reactor components, and warheads in the
Russian Far East.''.
---------------------------------------------------------------------------
(20) * * *
* * * * * * *
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Limitation on use of funds until certain permits obtained.
Sec. 1304. Limitation on use of funds for biological research in the
former Soviet Union.
Sec. 1305. Requirement for on-site managers.
Sec. 1306. Temporary authority to waive limitation on funding for
chemical weapons destruction facility in Russia.
Sec. 1307. Annual certifications on use of facilities being constructed
for Cooperative Threat Reduction projects or activities.
Sec. 1308. Authority to use Cooperative Threat Reduction funds outside
the former Soviet Union.
SEC. 1301.\2\ SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS
AND FUNDS.
(a) Specification of CTR Programs.--For purposes of section
301 and other provisions of this Act, Cooperative Threat
Reduction programs are the programs specified in section
1501(b) of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362
note).
---------------------------------------------------------------------------
\2\ 22 U.S.C. 5960 note.
---------------------------------------------------------------------------
(b) Fiscal Year 2004 Cooperative Threat Reduction Funds
Defined.--As used in this title, the term ``fiscal year 2004
Cooperative Threat Reduction funds'' means the funds
appropriated pursuant to the authorization of appropriations in
section 301 for Cooperative Threat Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to
the authorization of appropriations in section 301 for
Cooperative Threat Reduction programs shall be available for
obligation for three fiscal years.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $450,800,000
authorized to be appropriated to the Department of Defense for
fiscal year 2004 in section 301(19) for Cooperative Threat
Reduction programs, the following amounts may be obligated for
the purposes specified:
(1) For strategic offensive arms elimination in
Russia, $57,600,000.
(2) For strategic nuclear arms elimination in
Ukraine, $3,900,000.
(3) For nuclear weapons transportation security in
Russia, $23,200,000.
(4) For nuclear weapons storage security in Russia,
$48,000,000.
(5) For activities designated as Other Assessments/
Administrative Support, $13,100,000.
(6) For defense and military contacts, $11,100,000.
(7) For chemical weapons destruction in Russia,
$200,300,000.
(8) For biological weapons proliferation prevention
in the former Soviet Union, $54,200,000.
(9) For weapons of mass destruction proliferation
prevention in the states of the former Soviet Union,
$39,400,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2004 Cooperative Threat Reduction
funds may be obligated or expended for a purpose other than a
purpose listed in paragraphs (1) through (9) of subsection (a)
until 30 days after the date that the Secretary of Defense
submits to Congress a report on the purpose for which the funds
will be obligated or expended and the amount of funds to be
obligated or expended. Nothing in the preceding sentence shall
be construed as authorizing the obligation or expenditure of
fiscal year 2004 Cooperative Threat Reduction funds for a
purpose for which the obligation or expenditure of such funds
is specifically prohibited under this title or any other
provision of law.
(c) Limited Authority to Vary Individual Amounts.--(1)
Subject to paragraphs (2) and (3), in any case in which the
Secretary of Defense determines that it is necessary to do so
in the national interest, the Secretary may obligate amounts
appropriated for fiscal year 2004 for a purpose listed in any
of the paragraphs in subsection (a) in excess of the specific
amount authorized for that purpose.
(2) An obligation of funds for a purpose stated in any of
the paragraphs in subsection (a) in excess of the specific
amount authorized for such purpose may be made using the
authority provided in paragraph (1) only after--
(A) the Secretary submits to Congress notification of
the intent to do so together with a complete discussion
of the justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
(3) The Secretary may not, under the authority provided in
paragraph (1), obligate amounts for a purpose stated in any of
paragraphs (5) through (8) of subsection (a) in excess of 125
percent of the specific amount authorized for such purpose.
SEC. 1303.\3\ LIMITATION ON USE OF FUNDS UNTIL CERTAIN PERMITS
OBTAINED.
(a) In General.--The Secretary of Defense shall seek to
obtain all the permits required to complete each phase of
construction of a project under Cooperative Threat Reduction
programs before obligating significant amounts of funding for
that phase of the project.
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\3\ 22 U.S.C. 5960.
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(b) Use of Funds for New Construction Projects.--Except as
provided in subsection (e), with respect to a new construction
project to be carried out by the Department of Defense under
Cooperative Threat Reduction programs, not more than 40 percent
of the total costs of the project may be obligated from
Cooperative Threat Reduction funds for any fiscal year until
the Secretary of Defense--
(1) determines the number and type of permits that
may be required for the lifetime of the project in the
proposed location or locations of the project; and
(2) obtains from the State in which the project is to
be located any permits that may be required to begin
construction.
(c) Identification of Required Permits for Ongoing
Incomplete Construction Projects.--With respect to an
incomplete construction project carried out by the Department
of Defense under Cooperative Threat Reduction programs, the
Secretary shall identify all the permits that are required for
the lifetime of the project not later than 120 days after the
date of the enactment of this Act.
(d) Use of Funds for Certain Incomplete Construction
Projects.--Except as provided in subsection (e), with respect
to an incomplete construction project carried out by the
Department of Defense under Cooperative Threat Reduction
programs for which construction has not yet commenced as of the
date of the enactment of this Act, not more than 40 percent of
the total costs of the project may be obligated from
Cooperative Threat Reduction funds for any fiscal year until
the Secretary obtains from the State in which the project is
located the permits required to commence construction on the
project.
(e) Exception to Limitations on Use of Funds.--The
limitation in subsection (b) or (d) on the obligation of funds
for a construction project otherwise covered by such subsection
shall not apply with respect to the obligation of funds for a
particular project if the Secretary--
(1) determines that it is necessary in the national
interest to obligate funds for such project; and
(2) submits to the congressional defense committees a
notification of the intent to obligate funds for such
project, together with a complete discussion of the
justification for doing so.
(f) Definitions.--In this section, with respect to a
project under Cooperative Threat Reduction programs:
(1) Incomplete construction project.--The term
``incomplete construction project'' means a
construction project for which funds have been
obligated or expended before the date of the enactment
of this Act and which is not completed as of such date.
(2) New construction project.--The term ``new
construction project'' means a construction project for
which no funds have been obligated or expended as of
the date of the enactment of this Act.
(3) Permit.--The term ``permit'' means any local or
national permit for development, general construction,
environmental, land use, or other purposes that is
required for purposes of major construction in a state
of the former Soviet Union in which the construction
project is being or is proposed to be carried out.
SEC. 1304. LIMITATION ON USE OF FUNDS FOR BIOLOGICAL RESEARCH IN THE
FORMER SOVIET UNION.
(a) Limitation on the Use of Funds.--Except as provided in
subsection (b), none of the funds authorized to be appropriated
pursuant to section 1302 for biological weapons proliferation
prevention may be obligated to begin any collaborative
biodefense research or bioattack early warning and preparedness
project under a Cooperative Threat Reduction program at a
facility in a state of the former Soviet Union until the
Secretary of Defense notifies Congress that the Secretary--
(1) has determined, through access to the facility,
that no offensive biological weapons research
prohibited by international law is being conducted at
the facility; and
(2) has determined that appropriate security measures
have begun to be, or will be, put in place at the
facility to prevent theft of dangerous pathogens from
the facility.
(b) Availability of Funds for Determinations.--Of the funds
referred to in subsection (a) that are available for projects
referred to in that subsection, up to 25 percent of such funds
may be obligated and expended for purposes of making
determinations referred to in that subsection.
(c) Facility Defined.--In this section, the term
``facility'' means the buildings and areas at a location in
which Cooperative Threat Reduction program work is actually
being conducted.
SEC. 1305.\4\ REQUIREMENT FOR ON-SITE MANAGERS.
(a) On-Site Manager Requirement.--Before obligating any
Cooperative Threat Reduction funds for a project described in
subsection (b), the Secretary of Defense shall appoint one on-
site manager for that project. The manager shall be appointed
from among employees of the Federal Government.
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\4\ 22 U.S.C. 5961.
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(b) Projects Covered.--Subsection (a) applies to a
project--
(1) to be located in a state of the former Soviet
Union;
(2) which involves dismantlement, destruction, or
storage facilities, or construction of a facility; and
(3) with respect to which the total contribution by
the Department of Defense is expected to exceed
$50,000,000.
(c) Duties of On-Site Manager.--The on-site manager
appointed under subsection (a) shall--
(1) develop, in cooperation with representatives from
governments of countries participating in the project,
a list of those steps or activities critical to
achieving the project's disarmament or nonproliferation
goals;
(2) establish a schedule for completing those steps
or activities;
(3) meet with all participants to seek assurances
that those steps or activities are being completed on
schedule; and
(4) suspend United States participation in a project
when a non-United States participant fails to complete
a scheduled step or activity on time, unless directed
by the Secretary of Defense to resume United States
participation.
(d) Authority to Manage More Than One Project.--(1) Subject
to paragraph (2), an employee of the Federal Government may
serve as on-site manager for more than one project, including
projects at different locations.
(2) If such an employee serves as on-site manager for more
than one project in a fiscal year, the total cost of the
projects for that fiscal year may not exceed $150,000,000.
(e) Steps or Activities.--Steps or activities referred to
in subsection (c)(1) are those activities that, if not
completed, will prevent a project from achieving its
disarmament or nonproliferation goals, including, at a minimum,
the following:
(1) Identification and acquisition of permits (as
defined in section 1303).
(2) Verification that the items, substances, or
capabilities to be dismantled, secured, or otherwise
modified are available for dismantlement, securing, or
modification.
(3) Timely provision of financial, personnel,
management, transportation, and other resources.
(f) Notification to Congress.--In any case in which the
Secretary of Defense directs an on-site manager to resume
United States participation in a project under subsection
(c)(4), the Secretary shall concurrently notify Congress of
such direction.
(g) Effective Date.--This section shall take effect six
months after the date of the enactment of this Act.
SEC. 1306. TEMPORARY AUTHORITY TO WAIVE LIMITATION ON FUNDING FOR
CHEMICAL WEAPONS DESTRUCTION FACILITY IN RUSSIA.
(a) Temporary Authority.--The conditions described in
section 1305 of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 22 U.S.C. 5952 note) shall
not apply to the obligation and expenditure of funds available
for obligation during fiscal year 2004 for the planning,
design, or construction of a chemical weapons destruction
facility in Russia if the President submits to Congress a
written certification that includes--
(1) a statement as to why the waiver of the
conditions is important to the national security
interests of the United States;
(2) a full and complete justification for the waiver
of the conditions; and
(3) a plan to promote a full and accurate disclosure
by Russia regarding the size, content, status, and
location of its chemical weapons stockpile.
(b) Expiration.--The authority in subsection (a) shall
expire on September 30, 2004.
SEC. 1307.\5\ ANNUAL CERTIFICATIONS ON USE OF FACILITIES BEING
CONSTRUCTED FOR COOPERATIVE THREAT REDUCTION
PROJECTS OR ACTIVITIES.
(a) Certification on Use of Facilities Being Constructed.--
Not later than the first Monday of February each year, the
Secretary of Defense shall submit to the congressional defense
committees a certification for each facility for a Cooperative
Threat Reduction project or activity for which construction
occurred during the preceding fiscal year on matters as
follows:
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\5\ 22 U.S.C. 5962.
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(1) Whether or not such facility will be used for its
intended purpose by the government of the state of the
former Soviet Union in which the facility is
constructed.
(2) Whether or not the government of such state
remains committed to the use of such facility for its
intended purpose.
(3) Whether those actions needed to ensure security
at the facility, including secure transportation of any
materials, substances, or weapons to, from, or within
the facility, have been taken.
(b) Applicability.--Subsection (a) shall apply to--
(1) any facility the construction of which commences
on or after the date of the enactment of this Act; and
(2) any facility the construction of which is ongoing
as of that date.
SEC. 1308.\6\ AUTHORITY TO USE COOPERATIVE THREAT REDUCTION FUNDS
OUTSIDE THE FORMER SOVIET UNION.
(a) \7\ Authority.--Subject to the provisions of this
section, the Secretary of Defense may \8\ obligate and expend
Cooperative Threat Reduction funds for a fiscal year, and any
Cooperative Threat Reduction funds for a fiscal year before
such fiscal year that remain available for obligation, for a
proliferation threat reduction project or activity outside the
states of the former Soviet Union if the Secretary of Defense,
with the concurrence of the Secretary of State,\8\ determines
each of the following:
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\6\ 22 U.S.C. 5963.
\7\ In a memorandum of October 20, 2004, for the Secretary of State
(69 F.R. 63917; November 3, 2004), the President certified under this
subsection that Albania was committed to the courses of action
enumerated in sec. 1203(d) of the Cooperative Threat Reduction Act of
2003, as sec. 1308(e) of this Act requires. This certification was made
in connection with a related memorandum of October 20, 2004, for the
Secretary of State (69 F.R. 63037; October 28, 2004), in which the
President made a determination under sec. 1308 of this Act that
justified the obligation and expenditure of Cooperative Threat
Reduction funds in Albania for fiscal year 2004.
\8\ Sec. 1811(4)(A)(i) of the Implementing Recommendations of the
9/11 Commission Act of 2007 (Public Law 110-53; 121 Stat. 493) struck
out ``the President may'' and inserted in lieu thereof ``the Secretary
of Defense may''. Sec. 1811(4)(A)(ii) of that Act struck out ``if the
President'' and inserted in lieu thereof ``if the Secretary of Defense,
with the concurrence of the Secretary of State,''. Subsequently, sec.
1305(1) of the National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 413) struck out ``Subject to'' and all
that followed through ``the following:'' from the text of subsec. (a),
and replaced it with exactly the same text.
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(1) That such project or activity will--
(A)(i) assist the United States in the
resolution of a critical emerging proliferation
threat; or
(ii) permit the United States to take
advantage of opportunities to achieve long-
standing nonproliferation goals; and
(B) be completed in a short period of time.
(2) That the Department of Defense is the entity of
the Federal Government that is most capable of carrying
out such project or activity.
(b) Scope of Authority.--The authority in subsection (a) to
obligate and expend funds for a project or activity includes
authority to provide equipment, goods, and services for such
project or activity utilizing such funds, but does not include
authority to provide cash directly to such project or activity.
(c) \9\ Limitation on Availability of Funds.--
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\9\ Sec. 1305(2) of Public Law 110-181 struck out the original
subsec. (c) and redesignated subsecs. (d) and (e) as subsecs. (c) and
(d), respectively. The former subsec. (c) read as follows:
``(c) Limitation on Total Amount of Obligation.--The amount that
may be obligated in a fiscal year under the authority in subsection (a)
may not exceed $50,000,000.''.
Sec. 1305(3) of Public Law 110-181 restated entirely the former
subsec. (d), newly redesignated as subsec. (c). Sec. 1811(4) of Public
Law 110-53 had previously made several changes to the former subsec.
(d). The former subsection, as amended, read as follows:
``(d) Limitation on Availability of Funds.--(1) The Secretary of
Defensejy not obligate funds for a project or activity under the
authority in subsection (a) until the Secretary of Defense, with the
concurrence of the Secretary of State, makes each determination
specified in that subsection with respect to such project or activity.
``(2) Not later than 15 days prior to obligating funds under the
authority in subsection (a) for a project or activity, the Secretary of
Defense shall notify the Committee on Armed Services and the Committee
on Foreign Affairs of the House of Representatives and the Committee on
Armed Services and the Committee on Foreign Relations of the Senate in
writing of the determinations made under paragraph (1) with respect to
such project or activity, together with--
---------------------------------------------------------------------------
``(A) a justification for such determinations; and
``(B) a description of the scope and duration of such project or
activity.''.
(1) The Secretary of Defense may not obligate funds
for a project or activity under the authority in
subsection (a) of this section until the Secretary of
Defense, with the concurrence of the Secretary of
State, makes each determination specified in that
subsection with respect to such project or activity.
(2) Not later than 10 days after obligating funds
under the authority in subsection (a) of this section
for a project or activity, the Secretary of Defense and
the Secretary of State shall notify Congress in writing
of the determinations made under paragraph (1) with
respect to such project or activity, together with--
(A) a justification for such determinations;
and
(B) a description of the scope and duration
of such project or activity.
(3) In the case of a situation that threatens human
life or safety or where a delay would severely
undermine the national security of the United States,
notification under paragraph (2) shall be made not
later than 10 days after obligating funds under the
authority in subsection (a) for a project or activity.
(d) \9\ Additional Limitations and Requirements.--Except as
otherwise provided in subsections (a) and (b), the exercise of
the authority in subsection (a) shall be subject to any
requirement or limitation under another provision of law as
follows:
(1) Any requirement for prior notice or other reports
to Congress on the use of Cooperative Threat Reduction
funds or on Cooperative Threat Reduction projects or
activities.
(2) Any limitation on the obligation or expenditure
of Cooperative Threat Reduction funds.
(3) Any limitation on Cooperative Threat Reduction
projects or activities.
* * * * * * *
TITLE XXXVI--NUCLEAR SECURITY INITIATIVE
* * * * * * *
SEC. 3601.\10\ SHORT TITLE.
This title may be cited as the ``Nuclear Security
Initiative Act of 2003''.
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\10\ 22 U.S.C. 5951 note.
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Subtitle A--Administration and Oversight of Threat Reduction and
Nonproliferation Programs
SEC. 3611. MANAGEMENT ASSESSMENT OF DEPARTMENT OF DEFENSE AND
DEPARTMENT OF ENERGY THREAT REDUCTION AND
NONPROLIFERATION PROGRAMS.
(a) GAO Assessment Required.--The Comptroller General shall
carry out an assessment of the management of the threat
reduction and nonproliferation programs of the Department of
Defense and the Department of Energy. The matters assessed
shall include--
(1) the effectiveness of the overall strategy used
for managing such programs;
(2) the basis used to allocate the missions of such
programs among the executive departments and agencies;
(3) the criteria used to assess the effectiveness of
such programs;
(4) the strategy and process used to establish
priorities for activities carried out under such
programs, including the analysis of risks and benefits
used in determining how best to allocate the funds made
available for such programs;
(5) the mechanisms used to coordinate the activities
carried out under such programs by the executive
departments and agencies so as to ensure efficient
execution and avoid duplication of effort; and
(6) the management controls used in carrying out such
programs and the effect of such controls on the
execution of such programs.
(b) Considerations.--In carrying out the assessment
required by subsection (a), the Comptroller General shall take
into account--
(1) the national security interests of the United
States; and
(2) the need for accountability in expenditure of
funds by the United States.
(c) Report--Not later than May 1, 2004, the Comptroller
General shall submit a report on the assessment required by
subsection (a) to the Committee on Armed Services of the House
of Representatives and the Committee on Armed Services of the
Senate.
(d) Definitions.--In this section:
(1) The term ``threat reduction and nonproliferation
programs of the Department of Defense and the
Department of Energy'' means--
(A) the programs specified in section 1501(b)
of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat.
2731; 50 U.S.C. 2362 note); and
(B) any programs for which funds are made
available under the defense nuclear
nonproliferation account of the Department of
Energy.
(2) The term ``management controls'' means any
accounting, oversight, or other measure intended to
ensure that programs are executed consistent with--
(A) programmatic objectives as stated in
budget justification materials submitted to
Congress (as submitted with the budget of the
President under section 1105(a) of title 31,
United States Code); and
(B) any restrictions related to such
objectives as are imposed by law.
* * * * * * *
i. Cooperative Threat Reduction, Fiscal Year 2003
Partial text of Public Law 107-314 [Bob Stump National Defense
Authorization Act for Fiscal Year 2003; H.R. 4546], 116 Stat. 2458,
approved December 2, 2002; as amended by Public Law 109-163 [National
Defense Authorization Act for Fiscal Year 2006; H.R. 1815], 119 Stat.
3136, approved January 6, 2006
AN ACT To authorize appropriations for fiscal year 2003 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Bob Stump
National Defense Authorization Act for Fiscal Year 2003''.
(b) Findings. * * *
* * * * * * *
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
* * * * * * *
TITLE III--OPERATION AND MAINTENANCE
* * * * * * *
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 2003 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for expenses, not
otherwise provided for, for operation and maintenance, in
amounts as follows:
(1)-(22) * * *
(23) For Cooperative Threat Reduction programs,
$416,700,000.\1\
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\1\ Title II of the Department of Defense Appropriations Act, 2003
(Public Law 107-248; 116 Stat. 1526) provided the following:
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``Former Soviet Union Threat Reduction
---------------------------------------------------------------------------
``For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure transportation and
storage of nuclear, chemical and other weapons; for establishing
programs to prevent the proliferation of weapons, weapons components,
and weapon-related technology and expertise; for programs relating to
the training and support of defense and military personnel for
demilitarization and protection of weapons, weapons components and
weapons technology and expertise, and for defense and military
contacts, $416,700,000, to remain available until September 30, 2005:
Provided, That of the amounts provided under this heading, $10,000,000
shall be available only to support the dismantling and disposal of
nuclear submarines and submarine reactor components in the Russian Far
East.''.
Title VIII of the Department of Defense Appropriations Act, 2005
(Public Law 108-287; 118 Stat. 981) provided a partial rescission of
previous appropriations:
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``(rescissions)
---------------------------------------------------------------------------
``Sec. 8049. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts:
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``* * *
`` `Former Soviet Union Threat Reduction, 2003/2005', $50,000,000;
``* * *''.
(24)-(25) * * *
* * * * * * *
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Prohibition against use of funds until submission of reports.
Sec. 1304. Report on use of revenue generated by activities carried out
under Cooperative Threat Reduction programs.
Sec. 1305. Prohibition against use of funds for second wing of fissile
material storage facility.
Sec. 1306. Limited waiver of restrictions on use of funds for threat
reduction in states of the former Soviet Union.
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
FUNDS.
(a) \2\ Specification of CTR Programs.--For purposes of
section 301 and other provisions of this Act, Cooperative
Threat Reduction programs are the programs specified in section
1501(b) of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362
note).
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\2\ 22 U.S.C. 5952 note.
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(b) Fiscal Year 2003 Cooperative Threat Reduction Funds
Defined.--As used in this title, the term ``fiscal year 2003
Cooperative Threat Reduction funds'' means the funds
appropriated pursuant to the authorization of appropriations in
section 301 for Cooperative Threat Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to
the authorization of appropriations in section 301 for
Cooperative Threat Reduction programs shall be available for
obligation for three fiscal years.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $416,700,000
authorized to be appropriated to the Department of Defense for
fiscal year 2003 in section 301(23) for Cooperative Threat
Reduction programs, the following amounts may be obligated for
the purposes specified:
(1) For strategic offensive arms elimination in
Russia, $70,500,000.
(2) For strategic nuclear arms elimination in
Ukraine, $6,500,000.
(3) For nuclear weapons transportation security in
Russia, $19,700,000.
(4) For nuclear weapons storage security in Russia,
$40,000,000.
(5) For activities designated as Other Assessments/
Administrative Support, $14,700,000.
(6) For defense and military contacts, $18,900,000.
(7) For weapons of mass destruction infrastructure
elimination activities in Kazakhstan, $9,000,000.
(8) For weapons of mass destruction infrastructure
elimination activities in Ukraine, $8,800,000.
(9) For chemical weapons destruction in Russia,
$50,000,000.
(10) For biological weapons proliferation prevention
in the former Soviet Union, $55,000,000.
(11) For weapons of mass destruction proliferation
prevention in the States of the former Soviet Union,
$40,000,000.
(b) Additional Funds Authorized for Certain Purposes.--Of
the funds authorized to be appropriated to the Department of
Defense for fiscal year 2003 in section 301(23) for Cooperative
Threat Reduction programs, $83,600,000 may be obligated for any
of the purposes specified in paragraphs (1) through (4) and (9)
of subsection (a) in addition to the amounts specifically
authorized in such paragraphs.
(c) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2003 Cooperative Threat Reduction
funds may be obligated or expended for a purpose other than a
purpose listed in paragraphs (1) through (11) of subsection (a)
until 30 days after the date that the Secretary of Defense
submits to Congress a report on the purpose for which the funds
will be obligated or expended and the amount of funds to be
obligated or expended. Nothing in the preceding sentence shall
be construed as authorizing the obligation or expenditure of
fiscal year 2003 Cooperative Threat Reduction funds for a
purpose for which the obligation or expenditure of such funds
is specifically prohibited under this title or any other
provision of law.
(d) Limited Authority to Vary Individual Amounts.--(1)
Subject to paragraphs (2) and (3), in any case in which the
Secretary of Defense determines that it is necessary to do so
in the national interest, the Secretary may obligate amounts
appropriated for fiscal year 2003 for a purpose listed in any
of the paragraphs in subsection (a) in excess of the specific
amount authorized for that purpose.
(2) An obligation of funds for a purpose stated in any of
the paragraphs in subsection (a) in excess of the specific
amount authorized for such purpose may be made using the
authority provided in paragraph (1) only after--
(A) the Secretary submits to Congress notification of
the intent to do so together with a complete discussion
of the justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
(3) The Secretary may not, under the authority provided in
paragraph (1), obligate amounts for a purpose stated in any of
paragraphs (5) through (10) of subsection (a) in excess of 125
percent of the specific amount authorized for such purpose.
(4) In this section, the term ``specific amount
authorized'' means, with respect to a purpose listed in any
paragraph in subsection (a)--
(A) the amount specifically authorized for that
purpose in subsection (a), plus
(B) in the case of a purpose listed in paragraph (1),
(2), (3), (4), or (9) of subsection (a), any amount
obligated under subsection (b) for that purpose.
SEC. 1303. PROHIBITION AGAINST USE OF FUNDS UNTIL SUBMISSION OF
REPORTS.
Not more than 50 percent of fiscal year 2003 Cooperative
Threat Reduction funds may be obligated or expended until 30
days after the date of the submission of--
(1) the report required to be submitted in fiscal
year 2002 under section 1308(a) of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001
(as enacted into law by Public Law 106-398; 114 Stat.
1654A-341); and
(2) the update for the multiyear plan required to be
submitted for fiscal year 2001 under section 1205 of
the National Defense Authorization Act for Fiscal Year
1995 (Public Law 103-337; 22 U.S.C. 5952 note).
SEC. 1304. REPORT ON USE OF REVENUE GENERATED BY ACTIVITIES CARRIED OUT
UNDER COOPERATIVE THREAT REDUCTION PROGRAMS.
(a) Additional Report Requirements.--Section 1308(c) of the
Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001 (as enacted into law by Public Law 106-398; 114 Stat.
1654A-341) is amended * * *
(b) * * *
SEC. 1305.\3\ PROHIBITION AGAINST USE OF FUNDS FOR SECOND WING OF
FISSILE MATERIAL STORAGE FACILITY.
No funds authorized to be appropriated for Cooperative
Threat Reduction programs for any fiscal year may be used for
the design, planning, or construction of a second wing for a
storage facility for Russian fissile material.
---------------------------------------------------------------------------
\3\ 22 U.S.C. 5952 note.
---------------------------------------------------------------------------
SEC. 1306.\3\,\4\ LIMITED WAIVER OF RESTRICTIONS ON USE OF
FUNDS FOR THREAT REDUCTION IN STATES OF THE FORMER
SOVIET UNION.
(a) \5\ Authority to Waive Restrictions and Eligibility
Requirements.--If the President submits the certification and
report described in subsection (b) with respect to an
independent state of the former Soviet Union for a fiscal
year--
---------------------------------------------------------------------------
\4\ In a memorandum for the Secretary of State dated December 15,
2005 (71 F.R. 1467; January 9, 2006), the President assigned the
functions granted to the President under sec. 1306 to the Secretary of
State.
\5\ In a memorandum dated May 26, 2006 (71 F.R. 36435; June 26,
2006), the President delegated to the Secretary of State the
President's functions under sec. 1306(a) and (b) as they relate to sec.
1308(d) of the National Defense Authorization Act for Fiscal Year 1994,
as amended (Public Law 103-160; 22 U.S.C. 5963(d)). Sec. 1308(d) deals
with certain limitations on the use of Cooperative Threat Reduction
funds outside the former Soviet Union.
---------------------------------------------------------------------------
(1) the restrictions in subsection (d) of section
1203 of the Cooperative Threat Reduction Act of 1993
(22 U.S.C. 5952) shall cease to apply, and funds may be
obligated and expended under that section for
assistance, to that state during that fiscal year; and
(2) funds may be obligated and expended during that
fiscal year under section 502 of the FREEDOM Support
Act (22 U.S.C. 5852) for assistance or other programs
and activitiesfor that state even if that state has not
met one or more of the requirements for eligibility
under paragraphs (1) through (4) of that section.
(b) \5\,\6\ Certification and Report.--(1) The
certification and report referred to in subsection (a) are a
written certification submitted by the President to Congress
that the waiver of the restrictions and requirements described
in paragraphs (1) and (2) of that subsection during such fiscal
year is important to the national security interests of the
United States, together with a report containing the following:
---------------------------------------------------------------------------
\6\ In memoranda dated January 10, 2003 (68 F.R. 2419; January 17,
2003), November 7, 2003 (68 F.R. 65383; November 20, 2003), and
December 6, 2004 (69 F.R. 74933; December 14, 2004) for the Secretary
of State, the President certified under sec. 1306 of this Act that a
waiver of the requirements of sec. 1203(d) of the Cooperative Threat
Reduction Act of 2003 (22 U.S.C. 5952(d)) and sec. 502 of the FREEDOM
Support Act (22 U.S.C. 5852) with regard to the Russian Federation for
fiscal years 2003, 2004, and 2005 was justified. In memoranda dated
December 30, 2003 (69 F.R. 2479; January 16, 2004), and December 14,
2004 (70 F.R. 1; January 3, 2005), for the Secretary of State, the
President made the same certification with regard to the Republic of
Uzbekistan for fiscal years 2004 and 2005.
---------------------------------------------------------------------------
(A) A description of the activity or activities that
prevent the President from certifying that the state is
committed to the matters set forth in the provisions of
law specified in paragraphs (1) and (2) of subsection
(a) in such fiscal year.
(B) An explanation of why the waiver is important to
the national security interests of the United States.
(C) A description of the strategy, plan, or policy of
the President for promoting the commitment of the state
to, and compliance by the state with, such matters,
notwithstanding the waiver.
(2) The matter included in the report under paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
(c) \7\ Administration of Restrictions on Assistance.--
Subsection (d) of section 1203 of the Cooperative Threat
Reduction Act of 1993 (title XII of Public Law 103-160; 107
Stat. 1778; 22 U.S.C. 5952) is amended-- * * *
---------------------------------------------------------------------------
\7\ Sec. 1303 of the National Defense Authorization Act for Fiscal
Year 2006 (Public Law 109-163; 119 Stat. 3136) struck out subsecs. (c)
and (d) of this section and redesignated subsec. (e) as subsec. (c).
Subsecs. (c) and (d) read as follows:
---------------------------------------------------------------------------
``(c) Fiscal Years Covered.--The authority under subsection (a) shall
apply only with respect to fiscal years 2003, 2004, and 2005.
``(d) Expiration of Authority.--The authority under subsection (a) shall
expire on September 30, 2005.''.
* * * * * * *
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
* * * * * * *
Subtitle C--Proliferation Matters
SEC. 3151.\4\ TRANSFER TO NATIONAL NUCLEAR SECURITY ADMINISTRATION OF
DEPARTMENT OF DEFENSE'S COOPERATIVE THREAT
REDUCTION PROGRAM RELATING TO ELIMINATION OF
WEAPONS GRADE PLUTONIUM PRODUCTION IN RUSSIA.
(a) Transfer of Program.--There are hereby transferred to
the Administrator for Nuclear Security the following:
(1) The program, within the Cooperative Threat
Reduction program of the Department of Defense,
relating to the elimination of weapons grade plutonium
production in Russia.
(2) All functions, powers, duties, and activities of
that program performed before the date of the enactment
of this Act by the Department of Defense.
(b) Transfer of Assets.--(1) Notwithstanding any
restriction or limitation in law on the availability of
Cooperative Threat Reduction funds specified in paragraph (2),
so much of the property, records, and unexpended balances of
appropriations, allocations, and other funds employed, used,
held, available, or to be made available in connection with the
program transferred by subsection (a) are transferred to the
Administrator for use in connection with the program
transferred.
(2) The Cooperative Threat Reduction funds specified in
this paragraph are the following:
(A) Fiscal year 2002 Cooperative Threat Reduction
funds, as specified in section 1301(b) of the National
Defense Authorization Act for Fiscal Year 2002 (Public
Law 107-107; 115 Stat. 1254; 22 U.S.C. 5952 note).
(B) Fiscal year 2001 Cooperative Threat Reduction
funds, as specified in section 1301(b) of the Floyd D.
Spence National Defense Authorization Act for Fiscal
Year 2001 (as enacted into law by Public Law 106-398;
114 Stat. 1654A-339; 22 U.S.C. 5959 note).
(C) Fiscal year 2000 Cooperative Threat Reduction
funds, as specified in section 1301(b) of the National
Defense Authorization Act for Fiscal Year 2000 (Public
Law 106-65; 113 Stat. 792; 22 U.S.C. 5952 note).
(c) Availability of Transferred Funds.--(1) Notwithstanding
any restriction or limitation in law on the availability of
Cooperative Threat Reduction funds specified in subsection
(b)(2), the Cooperative Threat Reduction funds transferred
under subsection (b) for the program referred to in subsection
(a) shall be available for activities as follows:
(A) To design and construct, refurbish, or both,
fossil fuel energy plants in Russia that provide
alternative sources of energy to the energy plants in
Russia that produce weapons grade plutonium.
(B) To carry out limited safety upgrades of not more
than three energy plants in Russia that produce weapons
grade plutonium, provided that such upgrades do not
extend the life of those plants.
(2) Amounts available under paragraph (1) for activities
referred to in that paragraph shall remain available for
obligation for three fiscal years.
(d) Limitation.--(1) Of the amounts authorized to be
appropriated by this title or any other Act for the program
referred to in subsection (a), the Administrator for Nuclear
Security may not obligate any funds for construction, or
obligate or expend more than $100,000,000 for that program,
until 30 days after the later of--
(A) the date on which the Administrator submits to
the congressional defense committees, the Committee on
International Relations of the House of
Representatives, and the Committee on Foreign Relations
of the Senate, a copy of an agreement or agreements
entered into between the United States Government and
the Government of the Russian Federation to shut down
the three plutonium-producing reactors in Russia as
specified under paragraph (2); and
(B) the date on which the Administrator submits to
the committees specified in subparagraph (A) a report
on a plan to achieve international participation in the
program referred to in subsection (a), including cost
sharing.
(2) The agreement (or agreements) under paragraph (1)(A)
shall contain--
(A) a commitment to shut down the three plutonium-
producing reactors;
(B) the date on which each such reactor will be shut
down;
(C) a schedule and milestones for each such reactor
to complete the shutdown of such reactor by the date
specified under subparagraph (B);
(D) a schedule and milestones for refurbishment or
construction of fossil fuel energy plants to be
undertaken by the Government of the Russian Federation
in support of the program;
(E) an arrangement for access to sites and facilities
necessary to meet such schedules and milestones;
(F) an arrangement for audit and examination
procedures in order to evaluate progress in meeting
such schedules and milestones; and
(G) any cost sharing arrangements between the United
States Government and the Government of the Russian
Federation in undertaking activities under such
agreement (or agreements).
(e) \8\ International Participation in Program.--(1) In
order to achieve international participation in the program
referred to in subsection (a), the Secretary of Energy may, in
consultation with the Secretary of State, enter into one or
more agreements with any person, foreign government, or other
international organization that the Secretary considers
appropriate for the contribution of funds by such person,
government, or organization for purposes of the program.
---------------------------------------------------------------------------
\8\ Sec. 3135 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
2170) added subsec. (e).
---------------------------------------------------------------------------
(2) Notwithstanding section 3302 of title 31, United States
Code, and subject to paragraphs (3) and (4), the Secretary may
retain and utilize any amounts contributed by a person,
government, or organization under an agreement under paragraph
(1) for purposes of the program without further appropriation
and without fiscal year limitation.
(3) The Secretary may not utilize under paragraph (2) any
amount contributed under an agreement under paragraph (1) until
30 days after the date on which the Secretary notifies the
congressional defense committees of the intent to utilize such
amount, including the source of such amount and the proposed
purpose for which such amount will be utilized.
(4) If any amount contributed under paragraph (1) has not
been utilized within five years of receipt under that
paragraph, the Secretary shall return such amount to the
person, government, or organization contributing such amount
under that paragraph.
(5) Not later than 30 days after the receipt of any amount
contributed under paragraph (1), the Secretary shall submit to
the congressional defense committees a notice of the receipt of
such amount.
(6) Not later than October 31 each year, the Secretary
shall submit to the congressional defense committees a report
on the receipt and utilization of amounts under this subsection
during the preceding fiscal year. Each report for a fiscal year
shall set forth--
(A) a statement of any amounts received under this
subsection, including the source of each such amount;
and
(B) a statement of any amounts utilized under this
subsection, including the purpose for which such
amounts were utilized.
(7) The authority of the Secretary to accept and utilize
amounts under this subsection shall expire on December 31,
2011.
* * * * * * *
j. Cooperative Threat Reduction, Fiscal Year 2002
Partial text of Public Law 107-107 [National Defense Authorization Act
for Fiscal Year 2002; S. 1438], 115 Stat. 1012, approved December 28,
2001
AN ACT To authorize appropriations for fiscal year 2002 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 2002''.
* * * * * * *
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
(a) Funds are hereby authorized to be appropriated for
fiscal year 2002 for the useof the Armed Forces and other
activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for operation and
maintenance, in amounts as follows:
(1)-(22) * * *
(23) For Cooperative Threat Reduction programs,
$403,000,000.\1\
---------------------------------------------------------------------------
\1\ Title IX of the Department of Defense Appropriations Act, 2002
(Division A of the Department of Defense and Emergency Supplemental
Appropriations for Recovery from and Response to Terrorist Attacks on
the United States Act, 2002; Public Law 107-117; 115 Stat. 2289)
provided:
---------------------------------------------------------------------------
``Former Soviet Union Threat Reduction
---------------------------------------------------------------------------
``For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure transportation and
storage of nuclear, chemical and other weapons; for establishing
programs to prevent the proliferation of weapons, weapons components,
and weapon-related technology and expertise; for programs relating to
the training and support of defense and military personnel for
demilitarization and protection of weapons, weapons components and
weapons technology and expertise, and for defense and military
contacts, $403,000,000, to remain available until September 30, 2004:
Provided, That of the amounts provided under this heading, $12,750,000
shall be available only to support the dismantling and disposal of
nuclear submarines and submarine reactor components in the Russian Far
East.
``* * *''.
Sec. 8054 of Division A of Public Law 107-117 (115 Stat. 2259)
provided a rescission as follows:
---------------------------------------------------------------------------
``(rescissions)
---------------------------------------------------------------------------
``Sec. 8054. Of the funds provided in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts:
---------------------------------------------------------------------------
`` `Former Soviet Union Threat Reduction, 2000/2002', $32,000,000;
``* * *''.
---------------------------------------------------------------------------
Chapter 3 of the Emergency Supplemental Act, 2002 (Division B of
Public Law 107-117; 115 Stat. 2299) further provided the following:
---------------------------------------------------------------------------
``Defense Emergency Response Fund
``(including transfer of funds)
---------------------------------------------------------------------------
``For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for `Defense Emergency Response
Fund', $3,395,600,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38, as follows:
---------------------------------------------------------------------------
``(1)-(6) * * *
``Provided further, That from unobligated balances under the heading
`Former Soviet Union Threat Reduction', $30,000,000 shall be transferred to
`Department of State, Nonproliferation, Anti-terrorism, Demining, and
Related Programs' only for the purpose of supporting expansion of the
Biological Weapons Redirect and International Science and Technology
Centers programs, to prevent former Soviet biological weapons experts from
emigrating to proliferant states and to reconfigure former Soviet
biological weapons production facilities for peaceful uses.''.
(24)-(25) * * *
* * * * * * *
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Limitation on use of funds until submission of reports.
Sec. 1304. Requirement to consider use of revenue generated by
activities carried out under Cooperative Threat Reduction
programs.
Sec. 1305. Prohibition against use of funds for second wing of fissile
material storage facility.
Sec. 1306. Prohibition against use of funds for certain construction
activities.
Sec. 1307. Reports on activities and assistance under Cooperative Threat
Reduction programs.
Sec. 1308. Chemical weapons destruction.
Sec. 1309. Additional matter in annual report on activities and
assistance under Cooperative Threat Reduction programs.
SEC. 1301.\2\ SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS
AND FUNDS.
(a) Specification of CTR Programs.--For purposes of section
301 and other provisions of this Act, Cooperative Threat
Reduction programs are the programs specified in section
1501(b) of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362
note).
---------------------------------------------------------------------------
\2\ 22 U.S.C. 5952 note.
---------------------------------------------------------------------------
(b) Fiscal Year 2002 Cooperative Threat Reduction Funds
Defined.--As used in this title, the term ``fiscal year 2002
Cooperative Threat Reduction funds'' means the funds
appropriated pursuant to the authorization of appropriations in
section 301 for Cooperative Threat Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to
the authorization of appropriations in section 301 for
Cooperative Threat Reduction programs shall be available for
obligation for three fiscal years.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $403,000,000
authorized to be appropriated to the Department of Defense for
fiscal year 2002 in section 301(23) for Cooperative Threat
Reduction programs, not more than the following amounts may be
obligated for the purposes specified:
(1) For strategic offensive arms elimination in
Russia, $133,405,000.
(2) For strategic nuclear arms elimination in
Ukraine, $51,500,000.
(3) For nuclear weapons transportation security in
Russia, $9,500,000.
(4) For nuclear weapons storage security in Russia,
$56,000,000.
(5) For biological weapons proliferation prevention
activities in the former Soviet Union, $17,000,000.
(6) For activities designated as Other Assessments/
Administrative Support, $13,221,000.
(7) For defense and military contacts, $18,650,000.
(8) For chemical weapons destruction in Russia,
$50,000,000.
(9) For weapons of mass destruction infrastructure
elimination activities in Kazakhstan, $6,000,000.
(10) For weapons of mass destruction infrastructure
elimination activities in Ukraine, $6,024,000.
(11) For activities to assist Russia in the
elimination of plutonium production reactors,
$41,700,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2002 Cooperative Threat Reduction
funds may be obligated or expended for a purpose other than a
purpose listed in paragraphs (1) through (11) of subsection (a)
until 30 days after the date that the Secretary of Defense
submits to Congress a report on the purpose for which the funds
will be obligated or expended and the amount of funds to be
obligated or expended. Nothing in the preceding sentence shall
be construed as authorizing the obligation or expenditure of
fiscal year 2002 Cooperative Threat Reduction funds for a
purpose for which the obligation or expenditure of such funds
is specifically prohibited under this title or any other
provision of law.
(c) Limited Authority To Vary Individual Amounts.--(1)
Subject to paragraphs (2) and (3), in any case in which the
Secretary of Defense determines that it is necessary to do so
in the national interest, the Secretary may obligate amounts
appropriated for fiscal year 2002 for a purpose listed in any
of the paragraphs in subsection (a) in excess of the amount
specifically authorized for such purpose.
(2) An obligation of funds for a purpose stated in any of
the paragraphs in subsection (a) in excess of the specific
amount authorized for such purpose may be made using the
authority provided in paragraph (1) only after--
(A) the Secretary submits to Congress notification of
the intent to do so together with a complete discussion
of the justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
(3) The Secretary may not, under the authority provided in
paragraph (1), obligate amounts for the purposes stated in
paragraph (6), (7), or (11) of subsection (a) in excess of 115
percent of the amount specifically authorized for such
purposes.
(d) Modification of Authority To Vary Individual Amounts of
FY 2001 Funds.--Section 1302(c)(3) of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106-398; 114 Stat. 1654A-340) is
amended by striking ``(4),''.
SEC. 1303. LIMITATION ON USE OF FUNDS UNTIL SUBMISSION OF REPORTS.
Not more than 50 percent of fiscal year 2002 Cooperative
Threat Reduction funds may be obligated or expended until 30
days after the date of the submission of--
(1) the report required to be submitted in fiscal
year 2001 under section 1308(a) of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001
(as enacted into law by Public Law 106-398; 114 Stat.
1654A-341); and
(2) the multiyear plan required to be submitted for
fiscal year 2001 under section 1308(h) of such Act.
SEC. 1304.\3\ REQUIREMENT TO CONSIDER USE OF REVENUE GENERATED BY
ACTIVITIES CARRIED OUT UNDER COOPERATIVE THREAT
REDUCTION PROGRAMS.
The Secretary of Defense shall consider the use of revenue
generated by activities carried out under Cooperative Threat
Reduction programs in negotiating and executing contracts with
Russia to carry out such programs.
---------------------------------------------------------------------------
\3\ 22 U.S.C. 5952 note.
---------------------------------------------------------------------------
SEC. 1305.\3\ PROHIBITION AGAINST USE OF FUNDS FOR SECOND WING OF
FISSILE MATERIAL STORAGE FACILITY.
(a) Prohibition.--No fiscal year 2002 Cooperative Threat
Reduction funds and no funds authorized to be appropriated for
Cooperative Threat Reduction programs for any prior fiscal year
may be used for the construction of a second wing for a storage
facility for Russian fissile material.
(b) Conforming Amendment.--Section 1304 of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year 2001
(as enacted into law by Public Law 106-398; 114 Stat. 1654A-
341) is amended to read as follows: * * *
SEC. 1306. PROHIBITION AGAINST USE OF FUNDS FOR CERTAIN CONSTRUCTION
ACTIVITIES.
No fiscal year 2002 Cooperative Threat Reduction funds may
be used for construction activities carried out under Russia's
program to eliminate the production of weapons grade plutonium.
SEC. 1307. REPORTS ON ACTIVITIES AND ASSISTANCE UNDER COOPERATIVE
THREAT REDUCTION PROGRAMS.
Section 1308(c)(4) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-398; 114 Stat. 1654A-342) is amended-- * * *
SEC. 1308. CHEMICAL WEAPONS DESTRUCTION.
Section 1305 of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 794; 22 U.S.C.
5952 note) is amended by inserting before the period at the end
the following: * * *
SEC. 1309. ADDITIONAL MATTER IN ANNUAL REPORT ON ACTIVITIES AND
ASSISTANCE UNDER COOPERATIVE THREAT REDUCTION
PROGRAMS.
Section 1308(c) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-398; 114 Stat. 1654A-341) (as amended by section
1308) is further amended by adding at the end of the following
new paragraph: * * *
k. Cooperative Threat Reduction, Fiscal Year 2001
Partial text of Public Law 106-398 [National Defense Authorization Act,
Fiscal Year 2001; H.R. 5408, enacted by reference in H.R. 4205], 114
Stat. 1654, approved October 30, 2000; as amended by Public Law 107-107
[National Defense Authorization Act for Fiscal Year 2002; S. 1438], 115
Stat. 1012, approved December 28, 2001; Public Law 107-314 [Bob Stump
National Defense Authorization Act for Fiscal Year 2003; H.R. 4546],
116 Stat. 2458, approved December 2, 2002; and Public Law 109-163
[National Defense Authorization Act for Fiscal Year 2006; H.R. 1815],
119 Stat. 3136, approved January 6, 2006
AN ACT To authorize appropriations for fiscal year 2001 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION
ACT.
The provisions of H.R. 5408 of the 106th Congress, as
introduced on October 6, 2000, are hereby enacted into law.
* * * * * * *
APPENDIX--H.R. 5408
* * * * * * *
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Floyd D.
Spence National Defense Authorization Act for Fiscal Year
2001''.
(b) * * *
* * * * * * *
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 2001 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for expenses, not
otherwise provided for, for operation and maintenance, in
amounts as follows:
(1)-(22) * * *
(23) For Cooperative Threat Reduction programs,
$443,400,000.\1\
---------------------------------------------------------------------------
\1\ Title II of the Department of Defense Appropriations Act, 2001
(Public Law 106-259; 114 Stat. 663) provided the following:
---------------------------------------------------------------------------
``Former Soviet Union Threat Reduction
---------------------------------------------------------------------------
``For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure transportation and
storage of nuclear, chemical and other weapons; for establishing
programs to prevent the proliferation of weapons, weapons components,
and weapon-related technology and expertise; for programs relating to
the training and support of defense and military personnel for
demilitarization and protection of weapons, weapons components and
weapons technology and expertise, $443,400,000, to remain available
until September 30, 2003: Provided, that of the amounts provided under
this heading, $25,000,000 shall be available only to support the
dismantling and disposal of nuclear submarines and submarine reactor
components in the Russian Far East.''.
---------------------------------------------------------------------------
(24)-(25) * * *
* * * * * * *
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Prohibition on use of funds for elimination of conventional
weapons.
Sec. 1304. Limitations on use of funds for fissile material storage
facility.
Sec. 1305. Limitation on use of funds to support warhead dismantlement
processing.
Sec. 1306. Agreement on nuclear weapons storage sites.
Sec. 1307. Limitation on use of funds for construction of fossil fuel
energy plants; report.
Sec. 1308. Reports on activities and assistance under Cooperative Threat
Reduction programs.
Sec. 1309. Russian chemical weapons elimination.
Sec. 1310. Limitation on use of funds for elimination of weapons grade
plutonium program.
Sec. 1311. Report on audits of Cooperative Threat Reduction programs.
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
FUNDS.
(a) Specification of CTR Programs.--For purposes of section
301 and other provisions of this Act, Cooperative Threat
Reduction programs are the programs specified in section
1501(b) of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362
note).
(b) Fiscal Year 2001 Cooperative Threat Reduction Funds
Defined.--As used in this title, the term ``fiscal year 2001
Cooperative Threat Reduction funds'' means the funds
appropriated pursuant to the authorization of appropriations in
section 301 for Cooperative Threat Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to
the authorization of appropriations in section 301 for
Cooperative Threat Reduction programs shall be available for
obligation for three fiscal years.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $443,400,000
authorized to be appropriated to the Department of Defense for
fiscal year 2001 in section 301(23) for Cooperative Threat
Reduction programs, not more than the following amounts may be
obligated for the purposes specified:
(1) For strategic offensive arms elimination in
Russia, $177,800,000.
(2) For strategic nuclear arms elimination in
Ukraine, $29,100,000.
(3) For activities to support warhead dismantlement
processing in Russia, $9,300,000.
(4) For weapons transportation security in Russia,
$14,000,000.
(5) For planning, design, and construction of a
storage facility for Russian fissile material,
$57,400,000.
(6) For weapons storage security in Russia,
$89,700,000.
(7) For development of a cooperative program with the
Government of Russia to eliminate the production of
weapons grade plutonium at Russian reactors,
$32,100,000.
(8) For biological weapons proliferation prevention
activities in the former Soviet Union, $12,000,000.
(9) For activities designated as Other Assessments/
Administrative Support, $13,000,000.
(10) For defense and military contacts, $9,000,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2001 Cooperative Threat Reduction
funds may be obligated or expended for a purpose other than a
purpose listed in paragraphs (1) through (10) of subsection (a)
until 30 days after the date that the Secretary of Defense
submits to Congress a report on the purpose for which the funds
will be obligated or expended and the amount of funds to be
obligated or expended. Nothing in the preceding sentence shall
be construed as authorizing the obligation or expenditure of
fiscal year 2001 Cooperative Threat Reduction funds for a
purpose for which the obligation or expenditure of such funds
is specifically prohibited under this title or any other
provision of law.
(c) Limited Authority To Vary Individual Amounts.--(1)
Subject to paragraphs (2) and (3), in any case in which the
Secretary of Defense determines that it is necessary to do so
in the national interest, the Secretary may obligate amounts
appropriated for fiscal year 2001 for a purpose listed in any
of the paragraphs in subsection (a) in excess of the amount
specifically authorized for such purpose.
(2) An obligation of funds for a purpose stated in any of
the paragraphs in subsection (a) in excess of the specific
amount authorized for such purpose may be made using the
authority provided in paragraph (1) only after--
(A) the Secretary submits to Congress notification of
the intent to do so together with a complete discussion
of the justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
(3) The Secretary may not, under the authority provided in
paragraph (1), obligate amounts for the purposes stated in any
of paragraphs \2\ (5), (7), (9), or (10) of subsection (a) in
excess of 115 percent of the amount specifically authorized for
such purposes.
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\2\ Sec. 1302(d) of the National Defense Authorization Act for
Fiscal Year 2002 (title XIII of division A of Public Law 107-107; 115
Stat. 1012) struck out ``(4),'' at this point.
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SEC. 1303. PROHIBITION ON USE OF FUNDS FOR ELIMINATION OF CONVENTIONAL
WEAPONS.
No fiscal year 2001 Cooperative Threat Reduction funds, and
no funds appropriated for Cooperative Threat Reduction programs
for any other fiscal year, may be obligated or expended for
elimination of conventional weapons or the delivery vehicles
primarily intended to deliver such weapons.
SEC. 1304.\3\ LIMITATION ON USE OF FUNDS FOR FISSILE MATERIAL STORAGE
FACILITY.
Out of funds authorized to be appropriated for Cooperative
Threat Reduction programs for fiscal year 2001 or any other
fiscal year, not more than $412,600,000 may be used for
planning, design, or construction of the first wing for the
storage facility for Russian fissile material referred to in
section 1302(a)(5) other than planning, design, or construction
to improve security at such first wing.
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\3\ 22 U.S.C. 5952 note. Sec. 1305(b) of the National Defense
Authorization Act for Fiscal Year 2002 (title XIII of division A of
Public Law 107-107; 115 Stat. 1012) replaced this section in its
entirety with a newly drafted section. The former sec. 1304 read as
follows:
---------------------------------------------------------------------------
``sec. 1304. limitations on use of funds for fissile material storage
facility.
---------------------------------------------------------------------------
``(a) Limitations.--No fiscal year 2001 Cooperative Threat
Reduction funds may be used--
---------------------------------------------------------------------------
``(1) for construction of a second wing for the storage facility for
Russian fissile material referred to in section 1302(a)(5); or
``(2) for design or planning with respect to such facility until 15 days
after the date that the Secretary of Defense submits to Congress
notification that Russia and the United States have signed a written
transparency agreement that provides for verification that material stored
at the facility is of weapons origin.
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``(b) Establishment of Funding Cap For First Wing of Storage
Facility.--Out of funds authorized to be appropriated for Cooperative
Threat Reduction programs for fiscal year 2001 or any other fiscal
year, not more than $412,600,000 may be used for planning, design, or
construction of the first wing for the storage facility for Russian
fissile material referred to in section 1302(a)(5).''.
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SEC. 1305. LIMITATION ON USE OF FUNDS TO SUPPORT WARHEAD DISMANTLEMENT
PROCESSING.
No fiscal year 2001 Cooperative Threat Reduction funds may
be used for activities to support warhead dismantlement
processing in Russia until 15 days after the date that the
Secretary of Defense submits to Congress notification that the
United States has reached an agreement with Russia, which shall
provide for appropriate transparency measures, regarding
assistance by the United States with respect to such
processing.
SEC. 1306. AGREEMENT ON NUCLEAR WEAPONS STORAGE SITES.
The Secretary of Defense shall seek to enter into an
agreement with Russia regarding procedures to allow the United
States appropriate access to nuclear weapons storage sites for
which assistance under Cooperative Threat Reduction programs is
provided.
SEC. 1307. LIMITATION ON USE OF FUNDS FOR CONSTRUCTION OF FOSSIL FUEL
ENERGY PLANTS; REPORT.
(a) In General.--No fiscal year 2001 Cooperative Threat
Reduction funds may be used for the construction of a fossil
fuel energy plant intended to provide power to local
communities that already receive power from nuclear energy
plants that produce plutonium.
(b) Report.--Not later than 60 days after the date of the
enactment of this Act, the President shall submit to Congress a
report detailing options for assisting Russia in the
development of alternative energy sources to the three
plutonium production reactors remaining in operation in Russia.
The report shall include--
(1) an assessment of the costs of building fossil
fuel plants in Russia to replace the existing plutonium
production reactors; and
(2) an identification of funding sources, other than
Cooperative Threat Reduction funds, that could possibly
be used for the construction of such plants in the
event that the option to use fossil fuel energy is
chosen as part of a plan to shut down Russia's nuclear
plutonium production reactors at Seversk and
Zelenogorsk.
SEC. 1308.\4\ REPORTS ON ACTIVITIES AND ASSISTANCE UNDER COOPERATIVE
THREAT REDUCTION PROGRAMS.
(a) Annual Report.--In any year in which the budget of the
President under section 1105 of title 31, United States Code,
for the fiscal year beginning in such year requests funds for
the Department of Defense for assistance or activities under
Cooperative Threat Reduction programs with the states of the
former Soviet Union, the Secretary of Defense shall submit to
Congress a report on activities and assistance during the
preceding fiscal year under Cooperative Threat Reduction
programs setting forth the matters in subsection (c).
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\4\ 22 U.S.C. 5959.
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(b) Deadline for Report.--The report under subsection (a)
shall be submitted not later than the first Monday in February
of a year.
(c) Matters To Be Included.--The report under subsection
(a) in a year shall set forth the following:
(1) An estimate of the total amount that will be
required to be expended by the United States in order
to achieve the objectives of the Cooperative Threat
Reduction programs.
(2) A five-year plan setting forth the amount of
funds and other resources proposed to be provided by
the United States for Cooperative Threat Reduction
programs over the term of the plan, including the
purpose for which such funds and resources will be
used, and to provide guidance for the preparation of
annual budget submissions with respect to Cooperative
Threat Reduction programs.
(3) A description of the Cooperative Threat Reduction
activities carried out during the fiscal year ending in
the year preceding the year of the report, including--
(A) the amounts notified, obligated, and
expended for such activities and the purposes
for which such amounts were notified,
obligated, and expended for such fiscal year
and cumulatively for Cooperative Threat
Reduction programs;
(B) a description of the participation, if
any, of each department and agency of the
United States Government in such activities;
(C) a description of such activities,
including the forms of assistance provided;
(D) a description of the United States
private sector participation in the portion of
such activities that were supported by the
obligation and expenditure of funds for
Cooperative Threat Reduction programs; and
(E) such other information as the Secretary
of Defense considers appropriate to inform
Congress fully of the operation of Cooperative
Threat Reduction programs and activities,
including with respect to proposed
demilitarization or conversion projects,
information on the progress toward
demilitarization of facilities and the
conversion of the demilitarized facilities to
civilian activities.
(4) A description of the means (including program
management, audits, examinations, and other means) used
\5\ by the United States during the fiscal year ending
in the year preceding the year of the report to ensure
that assistance provided under Cooperative Threat
Reduction programs is fully accounted for, that such
assistance is being used for its intended purpose, and
that such assistance is being used efficiently and
effectively \5\, including--
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\5\ Sec. 1307(1)(A) of the National Defense Authorization Act for
Fiscal Year 2002 (title XIII of division A of Public Law 107-107; 115
Stat. 1012) struck out ``audits, examinations, and other efforts, such
as on-site inspections, conducted'' and inserted in lieu thereof
``means (including program management, audits, examinations, and other
means) used'', and sec. 1307(1)(B) of that Act struck out ``and that
such assistance is being used for its intended purpose'' and inserted
in lieu thereof ``, that such assistance is being used for its intended
purpose, and that such assistance is being used efficiently and
effectively''.
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(A) if such assistance consisted of
equipment, a description of the current
location of such equipment and the current
condition of such equipment;
(B) if such assistance consisted of contracts
or other services, a description of the status
of such contracts or services and the methods
used to ensure that such contracts and services
are being used for their intended purpose;
(C) a determination whether the assistance
described in subparagraphs (A) and (B) has been
used for its intended purpose and an assessment
of whether the assistance being provided is
being used effectively and efficiently \6\; and
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\6\ Sec. 1307(2) of the National Defense Authorization Act for
Fiscal Year 2002 (title XIII of division A of Public Law 107-107; 115
Stat. 1012) inserted ``and an assessment of whether the assistance
being provided is being used effectively and efficiently''.
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(D) a description of the \7\ efforts planned
to be carried out during the fiscal year
beginning in the year of the report to ensure
that Cooperative Threat Reduction assistance
provided during such fiscal year is fully
accounted for and is used for its intended
purpose.
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\7\ Sec. 1307(3) of the National Defense Authorization Act for
Fiscal Year 2002 (title XIII of division A of Public Law 107-107; 115
Stat. 1012) struck out ``audits, examinations, and other'' at this
point.
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(5) A current description of the tactical nuclear
weapons arsenal of Russia, including--
(A) an estimate of the current types,
numbers, yields, viability, locations, and
deployment status of the nuclear warheads in
that arsenal;
(B) an assessment of the strategic relevance
of such warheads;
(C) an assessment of the current and
projected threat of theft, sale, or
unauthorized use of such warheads; and
(D) a summary of past, current, and planned
United States efforts to work cooperatively
with Russia to account for, secure, and reduce
Russia's stockpile of tactical nuclear warheads
and associated fissile materials.
(6) \8\ A description of the amount of the financial
commitment from the international community, and from
Russia, for the chemical weapons destruction facility
located at Shchuch'ye, Russia, for the fiscal year
beginning in the year in which the report is submitted.
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\8\ Sec. 1309 of the National Defense Authorization Act for Fiscal
Year 2002 (title XIII of division A of Public Law 107-107; 115 Stat.
1012) added para. (6).
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(6) \9\ To the maximum extent practicable, a
description of how revenue generated by activities
carried out under Cooperative Threat Reduction programs
in recipient States is being utilized, monitored, and
accounted for.
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\9\ Sec. 1304(a) of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (title XIII of division A of Public Law 107-
314; 116 Stat. 2458) added paras. (6) and (7). Sec. 1304(b) of that Act
(22 U.S.C. 5959 note) stated that new paras. (6) and (7) would apply
beginning with the report submitted under sec. 1308(a) in 2004.
Sec. 1309 of the National Defense Authorization Act for Fiscal Year
2002 (title XIII of division A of Public Law 107-107; 115 Stat. 1012)
had earlier added a para. (6), resulting in two paragraphs designated
``(6)''.
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(7) \9\ A description of the defense and military
activities carried out under Cooperative Threat
Reduction programs during the fiscal year ending in the
year preceding the year of the report, including--
(A) the amounts obligated or expended for
such activities;
(B) the purposes, goals, and objectives for
which such amounts were obligated and expended;
(C) a description of the activities carried
out, including the forms of assistance
provided, and the justification for each form
of assistance provided;
(D) the success of each activity, including
the goals and objectives achieved for each;
(E) a description of participation by private
sector entities in the United States in
carrying out such activities, and the
participation of any other Federal department
or agency in such activities; and
(F) any other information that the Secretary
considers relevant to provide a complete
description of the operation and success of
activities carried out under Cooperative Threat
Reduction programs.
(d) Input of DCI.--The Director of Central Intelligence
shall submit to the Secretary of Defense the views of the
Director on any matters covered by subsection (c)(5) in a
report under subsection (a). Such views shall be included in
such report as a classified annex to such report.
(f) \10\ First Report.--The first report submitted under
subsection (a) shall be submitted in 2001.
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\10\ Sec. 1305 of the National Defense Authorization Act for Fiscal
Year 2006 (Public Law 109-163; 119 Stat. 3136) struck out subsec. (e)
from this section. Subsec. (e) had read as follows:
``(e) Comptroller General Assessment.--Not later than 90 days after
the date on which a report is submitted to Congress under subsection
(a), the Comptroller General shall submit to Congress a report setting
forth the Comptroller General's assessment of the information described
in paragraphs (2) and (4) of subsection (c).''.
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(g) Repeal of Superseded Reporting Requirements.--(1) The
following provisions of law are repealed:
(A) Section 1207 of the Cooperative Threat Reduction
Act of 1994 (title XII of Public Law 103-160; 107 Stat.
1782; 22 U.S.C. 5956), relating to semiannual reports
on Cooperative Threat Reduction.
(B) Section 1203 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-
337; 108 Stat. 2882), relating to a report accounting
for United States assistance for Cooperative Threat
Reduction.
(C) Section 1206 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-
106; 22 U.S.C. 5955 note), relating to accounting for
United States assistance for Cooperative Threat
Reduction.
(D) Section 1307 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-
65; 113 Stat. 795), relating to a limitation on use of
funds for Cooperative Threat Reduction pending
submittal of a multiyear plan.
(2) Effective on the date the Secretary of Defense submits
to Congress an updated version of the multiyear plan for fiscal
year 2001 as described in subsection (h), section 1205 of the
National Defense Authorization Act for Fiscal Year 1995 (108
Stat. 2883; 10 U.S.C. 5952 note), relating to multiyear
planning and Allied support for Cooperative Threat Reduction,
is repealed.
(3) Section 1312 of the National Defense Authorization Act
for Fiscal Year 2000 (113 Stat. 796; 22 U.S.C. 5955 note),
relating to Russian nonstrategic nuclear arms, is amended--
(A) by striking ``(a) Sense of Congress.--''; and
(B) by striking subsections (b) and (c).
(h) Limitation on Use of Funds Until Submission of
Multiyear Plan.--Not more than 10 percent of fiscal year 2001
Cooperative Threat Reduction funds may be obligated or expended
until the Secretary of Defense submits to Congress an updated
version of the multiyear plan for fiscal year 2001 required to
be submitted under section 1205 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 22
U.S.C. 5952 note).
(i) Report on Russian Nonstrategic Nuclear Arms.--Not later
than 30 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to Congress a report on the
following regarding Russia's arsenal of tactical nuclear
warheads:
(1) Estimates regarding current types, numbers,
yields, viability, locations, and deployment status of
the warheads.
(2) An assessment of the strategic relevance of the
warheads.
(3) An assessment of the current and projected threat
of theft, sale, or unauthorized use of the warheads.
(4) A summary of past, current, and planned United
States efforts to work cooperatively with Russia to
account for, secure, and reduce Russia's stockpile of
tactical nuclear warheads and associated fissile
material.
SEC. 1309. RUSSIAN CHEMICAL WEAPONS ELIMINATION.
(a) Sense of Congress.--It is the sense of Congress that
the international community should, when practicable, assist
Russia in eliminating its chemical weapons stockpile in
accordance with Russia's obligations under the Chemical Weapons
Convention, and that the level of such assistance should be
based on--
(1) full and accurate disclosure by Russia of the
size of its existing chemical weapons stockpile;
(2) a demonstrated annual commitment by Russia to
allocate at least $25,000,000 to chemical weapons
elimination;
(3) development by Russia of a practical plan for
destroying its stockpile of nerve agents;
(4) enactment of a law by Russia that provides for
the elimination of all nerve agents at a single site;
and
(5) an agreement by Russia to destroy its chemical
weapons production facilities at Volgograd and
Novocheboksark.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report that identifies--
(1) the amount spent by Russia for chemical weapons
elimination during fiscal year 2000;
(2) the specific assistance being provided to Russia
by the international community for the safe storage and
elimination of Russia's stockpile of nerve agents,
including those nerve agents located at the Shchuch'ye
depot;
(3) the countries providing the assistance identified
in paragraph (2); and
(4) the value of the assistance that the
international community has already provided and has
committed to provide in future years for the purpose
described in paragraph (2).
(c) Chemical Weapons Convention Defined.--In this section,
the term ``Chemical Weapons Convention'' means the Convention
on the Prohibition of the Development, Production, Stockpiling
and Use of Chemical Weapons and on Their Destruction, opened
for signature on January 13, 1993.
SEC. 1310. LIMITATION ON USE OF FUNDS FOR ELIMINATION OF WEAPONS GRADE
PLUTONIUM PROGRAM.
Of the amounts authorized to be appropriated by this Act
for fiscal year 2001 for the Elimination of Weapons Grade
Plutonium Program, not more than 50 percent of such amounts may
be obligated or expended for the program in fiscal year 2001
until 30 days after the date on which the Secretary of Defense
submits to the Committees on Armed Services of the Senate and
House of Representatives a report on an agreement between the
United States Government and the Government of the Russian
Federation regarding a new option selected for the shut down or
conversion of the reactors of the Russian Federation that
produce weapons grade plutonium, including--
(1) the new date on which such reactors will cease
production of weapons grade plutonium under such
agreement by reason of the shut down or conversion of
such reactors; and
(2) any cost-sharing arrangements between the United
States Government and the Government of the Russian
Federation in undertaking activities under such
agreement.
SEC. 1311. REPORT ON AUDITS OF COOPERATIVE THREAT REDUCTION PROGRAMS.
Not later than March 31, 2001, the Comptroller General
shall submit to Congress a report examining the procedures and
mechanisms with respect to audits by the Department of Defense
of the use of funds for Cooperative Threat Reduction programs.
The report shall examine the following:
(1) Whether the audits being conducted by the
Department of Defense are producing necessary
information regarding whether assistance under such
programs, including equipment provided and services
furnished, is being used as intended.
(2) Whether the audit procedures of the Department of
Defense are adequate, including whether random
samplings are used.
* * * * * * *
l. Cooperative Threat Reduction, Fiscal Year 2000
Partial text of Public Law 106-65 [National Defense Authorization Act
for Fiscal Year 2000; S. 1059], 113 Stat. 512, approved October 5,
1999; as amended by Public Law 106-398 [Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2000; H.R. 4205], 114 Stat.
1654, approved October 30, 2000; Public Law 107-107 [National Defense
Authorization Act for Fiscal Year 2002; S. 1438], 115 Stat. 1012,
approved December 28, 2001; Public Law 110-53 [Implementing
Recommendations of the 9/11 Commission Act of 2007; H.R. 1], 121 Stat.
266, approved August 3, 2007; and Public Law 110-181 [National Defense
Authorization Act for Fiscal Year 2008; H.R. 4986], 122 Stat. 3,
approved January 28, 2008
AN ACT To authorize appropriations for fiscal year 2000 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 2000''.
* * * * * * *
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
* * * * * * *
TITLE III--OPERATION AND MAINTENANCE
* * * * * * *
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 2000 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for expenses, not
otherwise provided for, for operation and maintenance, in
amounts as follows:
(1)-(22) * * *
(23) For Cooperative Threat Reduction programs,
$475,500,000.\1\
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\1\ Sec. 8054 of Division A of Public Law 107-117 (115 Stat. 2259)
provided a rescission as follows:
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``(rescissions)
---------------------------------------------------------------------------
``Sec. 8054. Of the funds provided in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts:
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`` `Former Soviet Union Threat Reduction, 2000/2002', $32,000,000;
``* * *''.
(24)-(25) * * *
* * * * * * *
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Prohibition on use of funds for specified purposes.
Sec. 1304. Limitations on use of funds for fissile material storage
facility.
Sec. 1305. [Repealed--2008]
Sec. 1306. Limitation on use of funds until submission of report.
Sec. 1307. [Repealed--2000]
Sec. 1308. Requirement to submit report.
Sec. 1309. Report on Expanded Threat Reduction Initiative.
Sec. 1310. Limitation on use of funds until submission of certification.
Sec. 1311. Period covered by annual report on accounting for United
States assistance under Cooperative Threat Reduction programs.
Sec. 1312. Russian nonstrategic nuclear arms.
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
FUNDS.
(a) \2\ Specification of CTR Programs.--For purposes of
section 301 and other provisions of this Act, Cooperative
Threat Reduction programs are the programs specified in section
1501(b) of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362
note).
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\2\ 22 U.S.C. 5952 note.
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(b) \2\ Fiscal Year 2000 Cooperative Threat Reduction Funds
Defined.--As used in this title, the term ``fiscal year 2000
Cooperative Threat Reduction funds'' means the funds
appropriated pursuant to the authorization of appropriations in
section 301 for Cooperative Threat Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to
the authorization of appropriations in section 301 for
Cooperative Threat Reduction programs shall be available for
obligation for three fiscal years.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $475,500,000
authorized to be appropriated to the Department of Defense for
fiscal year 2000 in section 301(23) for Cooperative Threat
Reduction programs, not more than the following amounts may be
obligated for the purposes specified:
(1) For strategic offensive arms elimination in
Russia, $177,300,000.
(2) For strategic nuclear arms elimination in
Ukraine, $41,800,000.
(3) For activities to support warhead dismantlement
processing in Russia, $9,300,000.
(4) For security enhancements at chemical weapons
storage sites in Russia, $20,000,000.
(5) For weapons transportation security in Russia,
$15,200,000.
(6) For planning, design, and construction of a
storage facility for Russian fissile material,
$64,500,000.
(7) For weapons storage security in Russia,
$99,000,000.
(8) For development of a cooperative program with the
Government of Russia to eliminate the production of
weapons grade plutonium at Russian reactors,
$32,300,000.
(9) For biological weapons proliferation prevention
activities in Russia, $12,000,000.
(10) For activities designated as Other Assessments/
Administrative Support, $1,800,000.
(11) For defense and military contacts, $2,300,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2000 Cooperative Threat Reduction
funds may be obligated or expended for a purpose other than a
purpose listed in paragraphs (1) through (11) of subsection (a)
until 30 days after the date that the Secretary of Defense
submits to Congress a report on the purpose for which the funds
will be obligated or expended and the amount of funds to be
obligated or expended. Nothing in the preceding sentence shall
be construed as authorizing the obligation or expenditure of
fiscal year 2000 Cooperative Threat Reduction funds for a
purpose for which the obligation or expenditure of such funds
is specifically prohibited under this title.
(c) Limited Authority To Vary Individual Amounts.--(1)
Subject to paragraphs (2) and (3), in any case in which the
Secretary of Defense determines that it is necessary to do so
in the national interest, the Secretary may obligate amounts
appropriated for fiscal year 2000 for a purpose listed in any
of the paragraphs in subsection (a) in excess of the amount
specifically authorized for such purpose.
(2) An obligation of funds for a purpose stated in any of
the paragraphs in subsection (a) in excess of the specific
amount authorized for such purpose may be made using the
authority provided in paragraph (1) only after--
(A) the Secretary submits to Congress notification of
the intent to do so together with a complete discussion
of the justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
(3) The Secretary may not, under the authority provided in
paragraph (1), obligate amounts for the purposes stated in any
of paragraphs (4) through (6), (8), (10), or (11) of subsection
(a) in excess of 115 percent of the amount specifically
authorized for such purposes.
SEC. 1303.\2\ PROHIBITION ON USE OF FUNDS FOR SPECIFIED PURPOSES.
(a) In General.--No fiscal year 2000 Cooperative Threat
Reduction funds, and no funds appropriated for Cooperative
Threat Reduction programs after the date of the enactment of
this Act, may be obligated or expended for any of the following
purposes:
(1) Conducting with Russia any peacekeeping exercise
or other peacekeeping-related activity.
(2) Provision of housing.
(3) Provision of assistance to promote environmental
restoration.
(4) Provision of assistance to promote job
retraining.
(b) Limitation with Respect to Defense Conversion
Assistance.--None of the funds appropriated pursuant to the
authorization of appropriations in section 301 of this Act, and
no funds appropriated to the Department of Defense in any other
Act enacted after the date of the enactment of this Act, may be
obligated or expended for the provision of assistance to Russia
or any other state of the former Soviet Union to promote
defense conversion.
(c) Limitation with Respect to Conventional Weapons.--No
fiscal year 2000 Cooperative Threat Reduction funds may be
obligated or expended for elimination of conventional weapons
or the delivery vehicles primarily intended to deliver such
weapons.
SEC. 1304.\2\ LIMITATIONS ON USE OF FUNDS FOR FISSILE MATERIAL STORAGE
FACILITY.
(a) Limitations on Use of Fiscal Year 2000 Funds.--No
fiscal year 2000 Cooperative Threat Reduction funds may be
used--
(1) for construction of a second wing for the storage
facility for Russian fissile material referred to in
section 1302(a)(6); or
(2) for design or planning with respect to such
facility until 15 days after the date that the
Secretary of Defense submits to Congress notification
that Russia and the United States have signed a
verifiable written transparency agreement that ensures
that material stored at the facility is of weapons
origin.
(b) Limitation on Construction.--No funds authorized to be
appropriated for Cooperative Threat Reduction programs may be
used for construction of the storage facility referred to in
subsection (a) until the Secretary of Defense submits to
Congress the following:
(1) A certification that additional capacity is
necessary at such facility for storage of Russian
weapons-origin fissile material.
(2) A detailed cost estimate for a second wing for
the facility.
(3) A certification that Russia and the United States
have signed a verifiable written transparency agreement
that ensures that material stored at the facility is of
weapons origin.
SEC. 1305.\3\ * * * [REPEALED--2008]
SEC. 1306. LIMITATION ON USE OF FUNDS UNTIL SUBMISSION OF REPORT.
Not more than 50 percent of the fiscal year 2000
Cooperative Threat Reduction funds may be obligated or expended
until the Secretary of Defense submits to Congress a report
describing--
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\3\ Sec. 1811(3) of the Implementing Recommendations of the 9/11
Commission Act of 2007 (Public Law 110-53; 121 Stat. 492) repealed this
section, which prohibited the use of funds for chemical weapons
destruction unless the Secretary of Defense certified that Russia had
met certain requirements. For the text of the former sec. 1305 and
accompanying notes, see Legislation on Foreign Relations Through 2005,
Vol. II-B, pp. 89-90. Subsequently, sec. 1304(a)(3) of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 412) contained an identical provision to repeal this section.
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(1) with respect to each purpose listed in section
1302, whether the Department of Defense is the
appropriate executive agency to carry out Cooperative
Threat Reduction programs for such purpose, and if so,
why; and
(2) for any purpose that the Secretary determines is
not appropriately carried out by the Department of
Defense, a plan for migrating responsibility for
carrying out such purpose to the appropriate agency.
SEC. 1307.\4\ * * * [REPEALED--2000]
SEC. 1308. REQUIREMENT TO SUBMIT REPORT.
Not later than December 31, 1999, the Secretary of Defense
shall submit to Congress a report including--
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\4\ Sec. 1307 limited the use of CTR funds pending submittal of a
multiyear plan. Sec. 1308(g)(1)(D) of Public Law 106-398 (114 Stat.
1654A-343) repealed this section. Sec. 1308 of that Act repealed
several CTR reporting requirements and established a new, consolidated,
report on activities and assistance under CTR programs.
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(1) an explanation of the strategy of the Department
of Defense for encouraging States of the former Soviet
Union that receive funds through Cooperative Threat
Reduction programs to contribute financially to the
threat reduction effort;
(2) a prioritization of the projects carried out by
the Department of Defense under Cooperative Threat
Reduction programs;
(3) an identification of any limitations that the
United States has imposed or will seek to impose,
either unilaterally or through negotiations with
recipient States, on the level of assistance provided
by the United States for each of such projects; and
(4) an identification of the amount of international
financial assistance provided for Cooperative Threat
Reduction programs by other States.
SEC. 1309. REPORT ON EXPANDED THREAT REDUCTION INITIATIVE.
Not later than March 31, 2000, the President shall submit
to Congress a report on the Expanded Threat Reduction
Initiative. Such report shall include a description of the
plans for ensuring effective coordination between executive
agencies in carrying out the Expanded Threat Reduction
Initiative to minimize duplication of efforts.
SEC. 1310. LIMITATION ON USE OF FUNDS UNTIL SUBMISSION OF
CERTIFICATION.
No funds appropriated for fiscal year 1999 for Cooperative
Threat Reduction programs and remaining available for
obligation or expenditure may be obligated or expended for
assistance for any country under a Cooperative Threat Reduction
Program until the President resubmits to Congress an updated
certification under section 1203(d) of the Cooperative Threat
Reduction Act of 1993 (title XII of Public Law 103-160; 22
U.S.C. 5952(d)), section 1412(d) of the Former Soviet Union
Demilitarization Act of 1992 (title XIV of Public Law 102-484;
22 U.S.C. 5902(d)), and section 502 of the Freedom for Russia
and Emerging Eurasian Democracies and Open Markets Support Act
of 1992 (Public Law 102-511; 22 U.S.C. 5852).
SEC. 1311. PERIOD COVERED BY ANNUAL REPORT ON ACCOUNTING FOR UNITED
STATES ASSISTANCE UNDER COOPERATIVE THREAT
REDUCTION PROGRAMS.
Section 1206(a)(2) of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 471; 22
U.S.C. 5955 note) is amended to read as follows: * * *
SEC. 1312.\5\ RUSSIAN NONSTRATEGIC NUCLEAR ARMS.
It \6\ is the sense of Congress that--
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\5\ 22 U.S.C. 5955 note.
\6\ Sec. 1308(g)(3) of Public Law 106-398 (114 Stat. 1654A-343)
struck out ``(a) Sense of Congress.--'' and further struck out subsecs.
(b) and (c), which had required inclusion of information on Russia's
arsenal of tactical nuclear warheads and related details in the CTR
annual report.
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(1) it is in the interest of Russia to fully
implement the Presidential Nuclear Initiatives
announced in 1991 and 1992 by then-President of the
Soviet Union Gorbachev and then-President of Russia
Yeltsin;
(2) the President of the United States should call on
Russia to match the unilateral reductions in the United
States inventory of tactical nuclear weapons, which
have reduced the inventory by nearly 90 percent; and
(3) if the re-certification under section 1310 is
made, the President should emphasize the continued
interest of the United States in working cooperatively
with Russia to reduce the dangers associated with
Russia's tactical nuclear arsenal.
* * * * * * *
m. Cooperative Threat Reduction, Fiscal Year 1999
Partial text of Public Law 105-261 [Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999; H.R. 3616], 112 Stat. 1920,
approved October 17, 1998; as amended by Public Law 108-375 [Ronald W.
Reagan National Defense Authorization Act for Fiscal Year 2005; H.R.
4200] 118 Stat. 1811, approved October 28, 2004
AN ACT To authorize appropriations for fiscal year 1999 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Strom
Thurmond National Defense Authorization Act for Fiscal Year
1999''.
(b) * * *
* * * * * * *
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
* * * * * * *
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 1999 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for expenses, not
otherwise provided for, for operation and maintenance, in
amounts as follows:
(1)-(22) * * *
(23) For Cooperative Threat Reduction programs,
$440,400,000.
(24) * * *
* * * * * * *
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Prohibition on use of funds for specified purposes.
Sec. 1304. Limitation on use of funds for chemical weapons destruction
activities in Russia.
Sec. 1305. Limitation on use of funds for biological weapons
proliferation prevention activities in Russia.
Sec. 1306. Cooperative counter-proliferation program.
Sec. 1307. Requirement to submit summary of amounts requested by project
category.
Sec. 1308. Report on biological weapons programs in Russia.
Sec. 1309. Report on individuals with expertise in former Soviet weapons
of mass destruction programs.
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
FUNDS.
(a) \1\ Specification of CTR Programs.--(1) For purposes of
section 301 and other provisions of this Act, Cooperative
Threat Reduction programs are the programs specified in section
1501(b) of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362
note) (as amended by paragraph (2)).
---------------------------------------------------------------------------
\1\ 22 U.S.C. 5952 note.
---------------------------------------------------------------------------
(2) Section 1501(b)(3) of such Act is amended by inserting
``materials,'' after ``components,''.
(b) Fiscal Year 1999 Cooperative Threat Reduction Funds
Defined.--As used in this title, the term ``fiscal year 1999
Cooperative Threat Reduction funds'' means the funds
appropriated pursuant to the authorization of appropriations in
section 301 for Cooperative Threat Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to
the authorization of appropriations in section 301 for
Cooperative Threat Reduction programs shall be available for
obligation for three fiscal years.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the amounts
authorized to be appropriated to the Department of Defense for
fiscal year 1999 in section 301(23), $440,400,000 shall be
available to carry out Cooperative Threat Reduction programs,
of which not more than the following amounts may be obligated
for the purposes specified:
(1) For strategic offensive arms elimination in
Russia, $142,400,000.
(2) For strategic nuclear arms elimination in
Ukraine, $47,500,000.
(3) For activities to support warhead dismantlement
processing in Russia, $9,400,000.
(4) For activities associated with chemical weapons
destruction in Russia, $88,400,000.
(5) For weapons transportation security in Russia,
$10,300,000.
(6) For planning, design, and construction of a
storage facility for Russian fissile material,
$60,900,000.
(7) For weapons storage security in Russia,
$41,700,000.
(8) For development of a cooperative program with the
Government of Russia to eliminate the production of
weapons grade plutonium at Russian reactors,
$29,800,000.
(9) For biological weapons proliferation prevention
activities in Russia, $2,000,000.
(10) For activities designated as Other Assessments/
Administrative Support, $8,000,000.
(b) Limited Authority To Vary Individual Amounts.--(1) If
the Secretary of Defense determines that it is necessary to do
so in the national interest, the Secretary may, subject to
paragraphs (2) and (3), obligate amounts for the purposes
stated in any of the paragraphs of subsection (a) in excess of
the amount specified for those purposes in that paragraph.
However, the total amount obligated for the purposes stated in
the paragraphs in subsection (a) may not by reason of the use
of the authority provided in the preceding sentence exceed the
sum of the amounts specified in those paragraphs.
(2) An obligation for the purposes stated in any of the
paragraphs in subsection (a) in excess of the amount specified
in that paragraph may be made using the authority provided in
paragraph (1) only after--
(A) the Secretary submits to Congress notification of
the intent to do so together with a complete discussion
of the justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
(3) The Secretary may not, under the authority provided in
paragraph (1), obligate amounts appropriated for the purposes
stated in any of paragraphs (3) through (10) of subsection (a)
in excess of 115 percent of the amount stated in those
paragraphs.
SEC. 1303. PROHIBITION ON USE OF FUNDS FOR SPECIFIED PURPOSES.
(a) In General.--No fiscal year 1999 Cooperative Threat
Reduction funds, and no funds appropriated for Cooperative
Threat Reduction programs for any prior fiscal year and
remaining available for obligation, may be obligated or
expended for any of the following purposes:
(1) Conducting with Russia any peacekeeping exercise
or other peacekeeping-related activity.
(2) Provision of housing.
(3) Provision of assistance to promote environmental
restoration.
(4) Provision of assistance to promote job
retraining.
(b) Limitation With Respect to Defense Conversion
Assistance.--None of the funds appropriated pursuant to this
Act may be obligated or expended for the provision of
assistance to Russia or any other state of the former Soviet
Union to promote defense conversion.
SEC. 1304.\1\ LIMITATION ON USE OF FUNDS FOR CHEMICAL WEAPONS
DESTRUCTION ACTIVITIES IN RUSSIA.
(a) Limitation.--Subject to the limitation in section
1405(b) of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 111 Stat. 1961), no funds
authorized to be appropriated for Cooperative Threat Reduction
programs under this Act or any other Act may be obligated or
expended for chemical weapons destruction activities in Russia
(including activities for the planning, design, or construction
of a chemical weapons destruction facility or for the
dismantlement of an existing chemical weapons production
facility) until the President submits to Congress a written
certification described in subsection (b).
(b) Presidential Certification.--A certification under this
subsection is either of the following certifications by the
President:
(1) A certification that--
(A) Russia is making reasonable progress
toward the implementation of the Bilateral
Destruction Agreement;
(B) the United States and Russia have made
substantial progress toward the resolution, to
the satisfaction of the United States, of
outstanding compliance issues under the Wyoming
Memorandum of Understanding and the Bilateral
Destruction Agreement; and
(C) Russia has fully and accurately declared
all information regarding its unitary and
binary chemical weapons, chemical weapons
facilities, and other facilities associated
with chemical weapons.
(2) \2\ A certification that the national security
interests of the United States could be undermined by a
policy of the United States not to carry out chemical
weapons destruction activities under Cooperative Threat
Reduction programs for which funds are authorized to be
appropriated under this Act or any other Act for fiscal
year 1999.
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\2\ In a memorandum of July 16, 1999 (64 F.R. 40503; July 26,
1999), the President delegated the authority in this paragraph to the
Secretary of Defense, further stating that such authority may be
redelegated not lower than the Under Secretary level.
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(c) Definitions.--In this section:
(1) The term ``Bilateral Destruction Agreement''
means the Agreement Between the United States of
America and the Union of Soviet Socialist Republics on
Destruction and Non-production of Chemical Weapons and
on Measures to Facilitate the Multilateral Convention
on Banning Chemical Weapons signed on June 1, 1990.
(2) The term ``Wyoming Memorandum of Understanding''
means the Memorandum of Understanding Between the
Government of the United States of America and the
Government of the Union of Soviet Socialist Republics
Regarding a Bilateral Verification Experiment and Data
Exchange Related to Prohibition on Chemical Weapons,
signed at Jackson Hole, Wyoming, on September 23, 1989.
SEC. 1305. LIMITATION ON USE OF FUNDS FOR BIOLOGICAL WEAPONS
PROLIFERATION PREVENTION ACTIVITIES IN RUSSIA.
No fiscal year 1999 Cooperative Threat Reduction funds may
be obligated or expended for biological weapons proliferation
prevention activities in Russia until 15 days after the date on
which the Secretary submits to the congressional defense
committees a report on--
(1) whether Cooperative Threat Reduction funds
provided for cooperative research activities at
biological research institutes in Russia have been
used--
(A) to support activities to develop new
strains of anthrax; or
(B) for any purpose inconsistent with the
objectives of providing such funds; and
(2) the new strains of anthrax alleged to have been
developed at a biological research institute in Russia
and any efforts by the United States to examine such
strains.
SEC. 1306. COOPERATIVE COUNTER PROLIFERATION PROGRAM.
(a) In General.--Of the amount authorized to be
appropriated in section 1302 (other than the amounts authorized
to be appropriated in subsections (a)(1) and (a)(2) of that
section) and subject to the limitations in that section and
subsection (b), the Secretary of Defense may provide a country
of the former Soviet Union with emergency assistance for
removing or obtaining from that country--
(1) weapons of mass destruction; or
(2) materials, equipment, or technology related to
the development or delivery of weapons of mass
destruction.
(b) Certification Required.--(1) The Secretary may not
provide assistance under subsection (a) until 15 days after the
date that the Secretary submits to the congressional defense
committees a certification in writing that the weapons,
materials, equipment, or technology described in that
subsection meet each of the following requirements:
(A) The weapons, materials, equipment, or technology
are at risk of being sold or otherwise transferred to a
restricted foreign state or entity.
(B) The transfer of the weapons, materials,
equipment, or technology would pose a significant near-
term threat to the national security interests of the
United States or would significantly advance a foreign
country's weapon program that threatens the national
security interests of the United States.
(C) Other options for securing or otherwise
preventing the transfer of the weapons, materials,
equipment, or technology have been considered and
rejected as ineffective or inadequate.
(2) The 15-day notice requirement in paragraph (1) may be
waived if the Secretary determines that compliance with the
requirement would compromise the national security interests of
the United States. In such case, the Secretary shall promptly
notify the congressional defense committees of the
circumstances regarding such determination in advance of
providing assistance under subsection (a) and shall submit the
certification required not later than 30 days after providing
such assistance.
(c) Content of Certifications.--Each certification required
under subsection (b) shall contain information on the following
with respect to the assistance being provided:
(1) The specific assistance provided and the purposes
for which the assistance is being provided.
(2) The sources of funds for the assistance.
(3) Whether any assistance is being provided by any
other Federal department or agency.
(4) The options considered and rejected for
preventing the transfer of the weapons, materials,
equipment, or technology, as described in subsection
(b)(1)(C).
(5) Whether funding was requested by the Secretary
from other Federal departments or agencies.
(6) Any additional information that the Secretary
determines is relevant to the assistance being
provided.
(d) Additional Sources of Funding.--The Secretary may
request assistance and accept funds from other Federal
departments or agencies in carrying out this section.
(e) Definitions.--In this section:
(1) The term ``restricted foreign state or entity'',
with respect to weapons, materials, equipment, or
technology covered by a certification or notification
of the Secretary of Defense under subsection (b),
means--
(A) any foreign country the government of
which has repeatedly provided support for acts
of international terrorism, as determined by
the Secretary of State under section 620A of
the Foreign Assistance Act of 1961 (22 U.S.C.
2371); or
(B) any foreign state or entity that the
Secretary of Defense determines would
constitute a military threat to the United
States, its allies, or interests, if that
foreign state or entity were to possess the
weapons, materials, equipment, or technology.
(2) The term ``weapons of mass destruction'' has the
meaning given that term in section 1403(1) of the
Defense Against Weapons of Mass Destruction Act of 1996
(title XIV of Public Law 104-201; 50 U.S.C. 2302(1)).
SEC. 1307.\1\ REQUIREMENT TO SUBMIT SUMMARY OF AMOUNTS REQUESTED BY
PROJECT CATEGORY.
(a) Summary Required.--The Secretary of Defense shall
submit to Congress in the materials and manner specified in
subsection (c) \3\ --
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\3\ Sec. 1304(1) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
1811) struck out ``as part of the Secretary's annual budget request to
Congress'' and inserted in lieu thereof ``in the materials and manner
specified in subsection (c)''. Sec. 1304(2) of that Act added subsec.
(c) to the end of this section.
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(1) a descriptive summary, with respect to the
appropriations requested for Cooperative Threat
Reduction programs for the fiscal year after the fiscal
year in which the summary is submitted, of the amounts
requested for each project category under each
Cooperative Threat Reduction program element; and
(2) a descriptive summary, with respect to
appropriations for Cooperative Threat Reduction
programs for the fiscal year in which the list is
submitted and the previous fiscal year, of the amounts
obligated or expended, or planned to be obligated or
expended, for each project category under each
Cooperative Threat Reduction program element.
(b) Description of Purpose and Intent.--The descriptive
summary required under subsection (a) shall include a narrative
description of each program and project category under each
Cooperative Threat Reduction program element that explains the
purpose and intent of the funds requested.
(c) \3\ Inclusion in Certain Materials Submitted to
Congress.--The summary required to be submitted to Congress in
a fiscal year under subsection (a) shall be set forth by
project category, and by amounts specified in paragraphs (1)
and (2) of that subsection in connection with such project
category, in each of the following:
(1) The annual report on activities and assistance
under Cooperative Threat Reduction programs required in
such fiscal year under section 1308 of the Floyd D.
Spence National Defense Authorization Act for Fiscal
Year 2001 (as enacted into law by Public Law 106-398).
(2) The budget justification materials submitted to
Congress in support of the Department of Defense budget
for the fiscal year succeeding such fiscal year (as
submitted with the budget of the President under
section 1105(a) of title 31, United States Code).
SEC. 1308. REPORT ON BIOLOGICAL WEAPONS PROGRAMS IN RUSSIA.
(a) Report.--Not later than March 1, 1999, the Secretary of
Defense shall submit to the congressional defense committees a
report, in classified and unclassified forms, containing--
(1) an assessment of the extent of compliance by
Russia with international agreements relating to the
control of biological weapons; and
(2) a detailed evaluation of the potential political
and military costs and benefits of collaborative
biological pathogen research efforts by the United
States and Russia.
(b) Content of Report.--The report required under
subsection (a) shall include the following:
(1) An evaluation of the extent of the control and
oversight by the Government of Russia over the military
and civilian-military biological warfare programs
formerly controlled or overseen by states of the former
Soviet Union.
(2) The extent and scope of continued biological
warfare research, development, testing, and production
in Russia, including the sites where such activity is
occurring and the types of activity being conducted.
(3) An assessment of compliance by Russia with the
terms of the Biological Weapons Convention.
(4) An identification and assessment of the measures
taken by Russia to comply with the obligations assumed
under the Joint Statement on Biological Weapons, agreed
to by the United States, the United Kingdom, and Russia
on September 14, 1992.
(5) A description of the extent to which Russia has
permitted individuals from the United States or other
countries to visit military and nonmilitary biological
research, development, testing, and production sites in
order to resolve ambiguities regarding activities at
such sites.
(6) A description of the information provided by
Russia about its biological weapons dismantlement
efforts to date.
(7) An assessment of the accuracy and
comprehensiveness of declarations by Russia regarding
its biological weapons activities.
(8) An identification of collaborative biological
research projects carried out by the United States and
Russia for which Cooperative Threat Reduction funds
have been used.
(9) An evaluation of the political and military
utility of prior, existing, and prospective cooperative
biological pathogen research programs carried out
between the United States and Russia, and an assessment
of the impact of such programs on increasing Russian
military transparency with respect to biological
weapons activities.
(10) An assessment of the political and military
utility of the long-term collaborative program
advocated by the National Academy of Sciences in its
October 27, 1997 report, ``Controlling Dangerous
Pathogens: A Blueprint for U.S.-Russian Cooperation''.
SEC. 1309. REPORT ON INDIVIDUALS WITH EXPERTISE IN FORMER SOVIET
WEAPONS OF MASS DESTRUCTION PROGRAMS.
Not later than January 31, 1999, the Secretary of Defense,
in consultation with the Secretary of State, the Secretary of
Energy, and any other appropriate officials, shall submit to
the congressional defense committees a report on the number of
individuals in the former Soviet Union who have significant
expertise in the research, development, production, testing,
and operational employment of ballistic missiles and weapons of
mass destruction. The report shall contain the following:
(1) A listing of the specific expertise of the
individuals, by category and discipline.
(2) An assessment of which categories of expertise
would pose the greatest risks to the security of the
United States if that expertise were transferred to
potentially hostile states.
(3) An estimate, by category, of the number of the
individuals in paragraph (1) who are fully or partly
employed at the time the report is submitted by the
military-industrial complex of the former Soviet Union,
the number of such individuals who are fully employed
at the time the report is submitted by commercial
ventures outside the military-industrial complex of the
former Soviet Union, and the number of such individuals
who are unemployed and underemployed at the time the
report is submitted.
(4) An identification of the nature, scope, and cost
of activities conducted by the United States and other
countries to assist in the employment in
nonproliferation and nonmilitary-related endeavors and
enterprises of individuals involved in the weapons
complex of the former Soviet Union, and which
categories of individuals are being targeted in these
efforts.
(5) An assessment of whether the activities
identified under paragraph (4) should be reduced,
maintained, or expanded.
* * * * * * *
n. Cooperative Threat Reduction, Fiscal Year 1998
Partial text of Public Law 105-85 [National Defense Authorization Act
for Fiscal Year 1998; H.R. 1119], 111 Stat. 1629, approved November 18,
1997
AN ACT To authorize appropriations for fiscal year 1998 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 1998''.
* * * * * * *
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
* * * * * * *
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 1998 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for expenses, not
otherwise provided for, for operation and maintenance, in
amounts as follows:
(1)-(22) * * *
(23) For Cooperative Threat Reduction programs,
$382,200,000.
(24) * * *
* * * * * * *
TITLE XIV--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
UNION
Sec. 1401. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1402. Funding allocations.
Sec. 1403. Prohibition on use of funds for specified purposes.
Sec. 1404. Limitation on use of funds for projects related to START II
Treaty until submission of certification.
Sec. 1405. Limitation on use of funds for chemical weapons destruction
facility.
Sec. 1406. Limitation on use of funds for destruction of chemical
weapons.
Sec. 1407. Limitation on use of funds for storage facility for Russian
fissile material.
Sec. 1408. Limitation on use of funds for weapons storage security.
Sec. 1409. Report on issues regarding payment of taxes, duties, and
other assessments on assistance provided to Russia under
Cooperative Threat Reduction programs.
Sec. 1410. Availability of funds.
SEC. 1401. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
FUNDS.
(a) Specification of CTR Programs.--For purposes of section
301 and other provisions of this Act, Cooperative Threat
Reduction programs are the programs specified in section
1501(b) of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362
note).
(b) Fiscal Year 1998 Cooperative Threat Reduction Funds
Defined.--As used in this title, the term ``fiscal year 1998
Cooperative Threat Reduction funds'' means the funds
appropriated pursuant to the authorization of appropriations in
section 301 for Cooperative Threat Reduction programs.
SEC. 1402. FUNDING ALLOCATIONS.
(a) In General.--Of the fiscal year 1998 Cooperative Threat
Reduction funds, not more than the following amounts may be
obligated for the purposes specified:
(1) For strategic offensive arms elimination in
Russia, $77,900,000.
(2) For strategic nuclear arms elimination in
Ukraine, $76,700,000.
(3) For fissile material containers in Russia,
$7,000,000.
(4) For planning and design of a chemical weapons
destruction facility in Russia, $35,400,000.
(5) For dismantlement of biological and chemical
weapons facilities in the former Soviet Union,
$20,000,000.
(6) For planning, design, and construction of a
storage facility for Russian fissile material,
$57,700,000.
(7) For weapons storage security in Russia,
$36,000,000.
(8) For development of a cooperative program with the
Government of Russia to eliminate the production of
weapons grade plutonium at Russian reactors,
$41,000,000.
(9) For activities designated as Defense and
Military-to-Military Contacts in Russia, Ukraine, and
Kazakhstan, $8,000,000.
(10) For military-to-military programs of the United
States that focus on countering the threat of
proliferation of weapons of mass destruction and that
include the security forces of the independent states
of the former Soviet Union other than Russia, Ukraine,
Belarus, and Kazakstan, $2,000,000.
(11) For activities designated as Other Assessments/
Administrative Support $20,500,000.
(b) Limited Authority To Vary Individual Amounts.--(1) If
the Secretary of Defense determines that it is necessary to do
so in the national interest, the Secretary may, subject to
paragraphs (2) and (3), obligate amounts for the purposes
stated in any of the paragraphs of subsection (a) in excess of
the amount specified for those purposes in that paragraph.
However, the total amount obligated for the purposes stated in
the paragraphs in subsection (a) may not by reason of the use
of the authority provided in the preceding sentence exceed the
sum of the amounts specified in those paragraphs.
(2) An obligation for the purposes stated in any of the
paragraphs in subsection (a) in excess of the amount specified
in that paragraph may be made using the authority provided in
paragraph (1) only after--
(A) the Secretary submits to Congress notification of
the intent to do so together with a complete discussion
of the justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
(3) The Secretary may not, under the authority provided in
paragraph (1), obligate amounts appropriated for the purposes
stated in any of paragraphs (3) through (11) of subsection (a)
in excess of 115 percent of the amount stated in those
paragraphs.
(c) Limited Waiver of 115 Percent Cap on Obligation in
Excess of Amounts Authorized for Fiscal Years 1996 and 1997.--
(1) The limitation in subsection (b)(1) of section 1202 of the
National Defense Authorization Act for Fiscal Year 1996 (Public
Law 104-106; 110 Stat. 469), that provides that the authority
provided in that sentence to obligate amounts specified for
Cooperative Threat Reduction purposes in excess of the amount
specified for each such purpose in subsection (a) of that
section may not exceed 115 percent of the amounts specified,
shall not apply with respect to subsection (a)(1) of such
section for purposes of strategic offensive weapons elimination
in Russia or the Ukraine.
(2) The limitation in subsection (b)(1) of section 1502 of
the National Defense Authorization Act for Fiscal Year 1997
(Public Law 104-201; 110 Stat. 2732), that provides that the
authority provided in that sentence to obligate amounts
specified for Cooperative Threat Reduction purposes in excess
of the amount specified for each such purpose in subsection (a)
of that section may not exceed 115 percent of the amounts
specified, shall not apply with respect to subsections (a)(2)
and (a)(3) of such section.
SEC. 1403. PROHIBITION ON USE OF FUNDS FOR SPECIFIED PURPOSES.
(a) In General.--No fiscal year 1998 Cooperative Threat
Reduction funds, and no funds appropriated for Cooperative
Threat Reduction programs for any prior fiscal year and
remaining available for obligation, may be obligated or
expended for any of the following purposes:
(1) Conducting with Russia any peacekeeping exercise
or other peacekeeping-related activity.
(2) Provision of housing.
(3) Provision of assistance to promote environmental
restoration.
(4) Provision of assistance to promote job
retraining.
(b) Limitation With Respect to Defense Conversion
Assistance.--None of the funds appropriated pursuant to this
Act may be obligated or expended for the provision of
assistance to Russia or any other state of the former Soviet
Union to promote defense conversion.
SEC. 1404. LIMITATION ON USE OF FUNDS FOR PROJECTS RELATED TO START II
TREATY UNTIL SUBMISSION OF CERTIFICATION.
No fiscal year 1998 Cooperative Threat Reduction funds may
be obligated or expended for strategic offensive arms
elimination projects in Russia related to the START II Treaty
(as defined in section 1302(f)) until 30 days after the date on
which the Secretary of Defense submits to Congress a
certification in writing that--
(1) implementation of the projects would benefit the
national security interest of the United States; and
(2) Russia has agreed in an implementing agreement to
share the cost for the projects.
SEC. 1405. LIMITATION ON USE OF FUNDS FOR CHEMICAL WEAPONS DESTRUCTION
FACILITY.
(a) Limitation on Use of Funds Until Submission of
Notifications to Congress.--No fiscal year 1998 Cooperative
Threat Reduction funds may be obligated or expended for
planning and design of a chemical weapons destruction facility
until 15 days after the date that is the later of the
following:
(1) The date on which the Secretary of Defense
submits to Congress notification of an agreement
between the United States and Russia with respect to
such chemical weapons destruction facility that
includes--
(A) an agreement providing for a limitation
on the financial contribution by the United
States for the facility;
(B) an agreement that the United States will
not pay the costs for infrastructure determined
by Russia to be necessary to support the
facility; and
(C) an agreement on the location of the
facility.
(2) The date on which the Secretary of Defense
submits to Congress notification that the Government of
Russia has formally approved a plan--
(A) that allows for the destruction of
chemical weapons in Russia; and
(B) that commits Russia to pay a portion of
the cost for the facility.
(b) Prohibition on Use of Funds for Facility
Construction.--No fiscal year 1998 Cooperative Threat Reduction
funds authorized to be obligated in section 1402(a)(4) for
planning and design of a chemical weapons destruction facility
in Russia may be used for construction of such facility.
SEC. 1406. LIMITATION ON USE OF FUNDS FOR DESTRUCTION OF CHEMICAL
WEAPONS.
(a) Limitation.--No funds authorized to be appropriated
under this or any other Act for fiscal year 1998 for
Cooperative Threat Reduction programs may be obligated or
expended for chemical weapons destruction activities (including
activities for the planning, design, or construction of a
chemical weapons destruction facility or for the dismantlement
of an existing chemical weapons production facility) until the
President submits to Congress a written certification under
subsection (b).
(b) Presidential Certification.--A certification under this
subsection is either of the following certifications by the
President:
(1) A certification that--
(A) Russia is making reasonable progress
toward the implementation of the Bilateral
Destruction Agreement;
(B) the United States and Russia have made
substantial progress toward the resolution, to
the satisfaction of the United States, of
outstanding compliance issues under the Wyoming
Memorandum of Understanding and the Bilateral
Destruction Agreement; and
(C) Russia has fully and accurately declared
all information regarding its unitary and
binary chemical weapons, chemical weapons
facilities, and other facilities associated
with chemical weapons.
(2) A certification that the national security
interests of the United States could be undermined by a
United States policy not to carry out chemical weapons
destruction activities under the Cooperative Threat
Reduction programs for which funds are authorized to be
appropriated under this or any other Act for fiscal
year 1998.
(c) Definitions.--For the purposes of this section:
(1) The term ``Bilateral Destruction Agreement''
means the Agreement Between the United States of
America and the Union of Soviet Socialist Republics on
Destruction and Nonproduction of Chemical Weapons and
on Measures to Facilitate the Multilateral Convention
on Banning Chemical Weapons, signed on June 1, 1990.
(2) The term ``Wyoming Memorandum of Understanding''
means the Memorandum of Understanding Between the
Government of the United States of America and the
Government of the Union of Soviet Socialist Republics
Regarding a Bilateral Verification Experiment and Data
Exchange Related to Prohibition on Chemical Weapons,
signed at Jackson Hole, Wyoming, on September 23, 1989.
SEC. 1407. LIMITATION ON USE OF FUNDS FOR STORAGE FACILITY FOR RUSSIAN
FISSILE MATERIAL.
No fiscal year 1998 Cooperative Threat Reduction funds may
be obligated or expended for planning, design, or construction
of a storage facility for Russian fissile material until 15
days after the date that is the later of the following:
(1) The date on which the Secretary of Defense
submits to Congress notification that an implementing
agreement between the United States and Russia has been
entered into that specifies the total cost to the
United States for the facility.
(2) The date on which the Secretary submits to
Congress notification that an agreement has been
entered into between the United States and Russia
incorporating the principle of transparency with
respect to the use of the facility.
SEC. 1408. LIMITATION ON USE OF FUNDS FOR WEAPONS STORAGE SECURITY.
No fiscal year 1998 Cooperative Threat Reduction funds
intended for weapons storage security activities in Russia may
be obligated or expended until--
(1) the Secretary of Defense submits to Congress a
report on the status of negotiations between the United
States and Russia on audits and examinations with
respect to weapons storage security; and
(2) 15 days have elapsed following the date that the
report is submitted.
SEC. 1409. REPORT ON ISSUES REGARDING PAYMENT OF TAXES, DUTIES, AND
OTHER ASSESSMENTS ON ASSISTANCE PROVIDED TO RUSSIA
UNDER COOPERATIVE THREAT REDUCTION PROGRAMS.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a
report on issues regarding payment of taxes, duties, and other
assessments on assistance provided to Russia under Cooperative
Threat Reduction programs. The report shall include the
following:
(1) A description of any disputes between the United
States and Russia with respect to payment by the United
States of taxes, duties and other assessments on
assistance provided to Russia under a Cooperative
Threat Reduction program, including a description of
the nature of each dispute, the amount of payment
disputed, whether the dispute was resolved, and if the
dispute was resolved, the means by which the dispute
was resolved.
(2) A description of the actions taken by the
Secretary to prevent disputes in the future between the
United States and Russia with respect to payment by the
United States of taxes, duties, and other assessments
on assistance provided to Russia under a Cooperative
Threat Reduction program.
(3) A description of any agreement between the United
States and Russia with respect to payment by the United
States of taxes, duties, or other assessments on
assistance provided to Russia under a Cooperative
Threat Reduction program.
(4) Any proposals of the Secretary for actions that
should be taken to prevent disputes between the United
States and Russia with respect to payment by the United
States of taxes, duties, or other assessments on
assistance provided to Russia under a Cooperative
Threat Reduction program.
SEC. 1410. AVAILABILITY OF FUNDS.
Funds appropriated pursuant to the authorization of
appropriations in section 301 for Cooperative Threat Reduction
programs shall be available for obligation for three fiscal
years.
* * * * * * *
o. Cooperative Threat Reduction, Fiscal Year 1997 \1\
Partial text of Public Law 104-201 [National Defense Authorization Act
for Fiscal Year 1997; H.R. 3230], 110 Stat. 2422, approved September
23, 1996; as amended by Public Law 105-261 [Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999; H.R. 3616], 112 Stat.
1920, approved October 17, 1998; and Public Law 110-181 [National
Defense Authorization Act for Fiscal Year 2008; H.R. 4986], 122 Stat.
3, approved January 28, 2008
AN ACT To authorize appropriations for fiscal year 1997 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
---------------------------------------------------------------------------
\1\ See also the Defense Against Weapons of Mass Destruction Act of
1996 (title XIV of Public Law 104-201; 110 Stat. 2714): sec. 1402--
Findings (50 U.S.C. 2301 note); sec. 1424--International Border
Security (50 U.S.C. 2333); sec. 1431--Coverage of Weapons-Usable
Fissile Materials in Cooperative Threat Reduction Programs on
Elimination or Transportation of Nuclear Weapons; sec. 1432--
Elimination of Plutonium Production (50 U.S.C. 2341); sec. 1452--
Transfers of Allocations Among Cooperative Threat Reduction Programs
(50 U.S.C. 2362); sec. 1453--Sense of Congress Concerning Assistance to
States of Former Soviet Union (50 U.S.C. 2363); sec. 1454--Purchase of
Low-Enriched Uranium Derived From Russian Highly-Enriched Uranium (50
U.S.C. 2364); and sec. 1455--Sense of Congress Concerning Purchase,
Packaging, and Transportation of Fissile Materials at Risk of Theft (50
U.S.C. 2365).
---------------------------------------------------------------------------
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 1997''.
* * * * * * *
TITLE III--OPERATION AND MAINTENANCE
* * * * * * *
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 1997 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for expenses, not
otherwise provided for, for operation and maintenance, in
amounts as follows:
(1)-(21) * * *
(22) For Cooperative Threat Reduction programs,
$364,900,000.\2\
---------------------------------------------------------------------------
\2\ Title II of the Department of Defense Appropriations Act, 1997
(sec. 101(b) of title I of Public Law 104-208; 110 Stat. 3009),
provided the following:
---------------------------------------------------------------------------
``Former Soviet Union Threat Reduction
---------------------------------------------------------------------------
``For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure transportation and
storage of nuclear, chemical and other weapons; for establishing
programs to prevent the proliferation of weapons, weapons components,
and weapon-related technology and expertise; for programs relating to
the training and support of defense and military personnel for
demilitarization and protection of weapons, weapons components and
weapons technology and expertise; $327,900,000, to remain available
until expended.''.
---------------------------------------------------------------------------
(23)-(24) * * *
* * * * * * *
TITLE XV--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
UNION
Sec. 1501. Specification of Cooperative Threat Reduction programs.
Sec. 1502. Fiscal year 1997 funding allocations.
Sec. 1503. Prohibition on use of funds for specified purposes.
Sec. 1504. Limitation on use of funds until specified reports are
submitted.
Sec. 1505. Availability of funds.
SEC. 1501.\3\ SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS.
(a) In General.--For purposes of section 301 and other
provisions of this Act, Cooperative Threat Reduction programs
are the programs specified in subsections (b) and (c).\4\
---------------------------------------------------------------------------
\3\ 50 U.S.C. 2362 note.
\4\ Sec. 1303(1) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 412) struck out
``subsection (b)'' at this point and inserted in lieu thereof
``subsections (b) and (c)'', and added a new subsec. (c) at the end of
this section.
---------------------------------------------------------------------------
(b) Specified Programs.--The programs referred to in
subsection (a) are the following programs with respect to
states of the former Soviet Union:
(1) Programs to facilitate the elimination, and the
safe and secure transportation and storage, of nuclear,
chemical, and other weapons and their delivery
vehicles.
(2) Programs to facilitate the safe and secure
storage of fissile materials derived from the
elimination of nuclear weapons.
(3) Programs to prevent the proliferation of weapons,
weapons components, materials,\5\ and weapons-related
technology and expertise.
---------------------------------------------------------------------------
\5\ Sec. 1301(a)(2) of Public Law 105-261 (112 Stat. 2161) inserted
``materials,'' after ``components,''.
---------------------------------------------------------------------------
(4) Programs to expand military-to-military and
defense contacts.
(c) \4\ Specified Programs With Respect to States Outside
the Former Soviet Union.--The programs referred to in
subsection (a) are the following programs with respect to
states that are not states of the former Soviet Union:
(1) Programs to facilitate the elimination, and the
safe and secure transportation and storage, of chemical
or biological weapons, weapons components, weapons-
related materials, and their delivery vehicles.
(2) Programs to facilitate safe and secure
transportation and storage of nuclear weapons, weapons
components, and their delivery vehicles.
(3) Programs to prevent the proliferation of nuclear
and chemical weapons, weapons components, and weapons-
related military technology and expertise.
(4) Programs to prevent the proliferation of
biological weapons, weapons components, and weapons-
related military technology and expertise, which may
include activities that facilitate detection and
reporting of highly pathogenic diseases or other
diseases that are associated with or that could be
utilized as an early warning mechanism for disease
outbreaks that could impact the Armed Forces of the
United States or allies of the United States.
(5) Programs to expand military-to-military and
defense contacts.
SEC. 1502. FISCAL YEAR 1997 FUNDING ALLOCATIONS.
(a) In General.--Of the amount appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative
Threat Reduction programs, not more than the following amounts
may be obligated for the purposes specified:
(1) For planning and design of a chemical weapons
destruction facility in Russia, $78,500,000.
(2) For elimination of strategic offensive arms in
Russia, $52,000,000.
(3) For strategic nuclear arms elimination in
Ukraine, $47,000,000.
(4) For planning and design of a storage facility for
Russian fissile material, $66,000,000.
(5) For fissile material containers in Russia,
$38,500,000.
(6) For weapons storage security in Russia,
$15,000,000.
(7) For activities designated as Defense and
Military-to-Military Contacts in Russia, Ukraine,
Belarus, and Kazakhstan, $10,000,000.
(8) For activities designated as Other Assessments/
Administrative Support, $20,900,000.
(9) For materials protection, control, and accounting
assistance or for destruction of nuclear, radiological,
biological, or chemical weapons or related materials at
any site within the former Soviet Union, $10,000,000.
(10) For transfer to the Secretary of Energy to
develop a cooperative program with the Government of
Russia to eliminate the production of weapons grade
plutonium at Russian reactors, $10,000,000.
(11) For dismantlement of biological and chemical
weapons facilities in the former Soviet Union,
$15,000,000.
(12) For expanding military-to-military programs of
the United States that focus on countering the threat
of proliferation of weapons of mass destruction to
include the security forces of the independent states
of the former Soviet Union, particularly states in the
Caucasus region and Central Asia, $2,000,000.
(b) Limited Authority To Vary Individual Amounts.--(1) \6\
If the Secretary of Defense determines that it is necessary to
do so in the national interest, the Secretary may, subject to
paragraph (2), obligate amounts for the purposes stated in any
of the paragraphs of subsection (a) in excess of the amount
specified for those purposes in that paragraph, but not in
excess of 115 percent of that amount. However, the total amount
obligated for the purposes stated in the paragraphs in
subsection (a) may not by reason of the use of the authority
provided in the preceding sentence exceed the sum of the
amounts specified in those paragraphs.
---------------------------------------------------------------------------
\6\ Sec. 1402(c) of Public Law 105-85 (111 Stat. 1959) provided the
following:
``(c) Limited Waiver of 115 Percent Cap on Obligation in Excess of
Amounts Authorized for Fiscal Years 1996 and 1997.--(1) The limitation
in subsection (b)(1) of section 1202 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat.
469), that provides that the authority provided in that sentence to
obligate amounts specified for Cooperative Threat Reduction purposes in
excess of the amount specified for each such purpose in subsection (a)
of that section may not exceed 115 percent of the amounts specified,
shall not apply with respect to subsection (a)(1) of such section for
purposes of strategic offensive weapons elimination in Russia or the
Ukraine.
``(2) The limitation in subsection (b)(1) of section 1502 of the
National Defense Authorization Act for Fiscal Year 1997 (Public Law
104-201; 110 Stat. 2732), that provides that the authority provided in
that sentence to obligate amounts specified for Cooperative Threat
Reduction purposes in excess of the amount specified for each such
purpose in subsection (a) of that section may not exceed 115 percent of
the amounts specified, shall not apply with respect to subsections
(a)(2) and (a)(3) of such section.''.
---------------------------------------------------------------------------
(2) An obligation for the purposes stated in any of the
paragraphs in subsection (a) in excess of the amount specified
in that paragraph may be made using the authority provided in
paragraph (1) only after--
(A) the Secretary submits to Congress a notification
of the intent to do so together with a complete
discussion of the justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
SEC. 1503. PROHIBITION ON USE OF FUNDS FOR SPECIFIED PURPOSES.
(a) In General.--None of the funds appropriated pursuant to
the authorization in section 301 for Cooperative Threat
Reduction programs, or appropriated for such programs for any
prior fiscal year and remaining available for obligation, may
be obligated or expended for any of the following purposes:
(1) Conducting with Russia any peacekeeping exercise
or other peacekeeping-related activity.
(2) Provision of housing.
(3) Provision of assistance to promote environmental
restoration.
(4) Provision of assistance to promote job
retraining.
(b) Limitation With Respect to Defense Conversion
Assistance.--None of the funds appropriated to the Department
of Defense for fiscal year 1997 may be obligated or expended
for defense conversion.
SEC. 1504. LIMITATION ON USE OF FUNDS UNTIL SPECIFIED REPORTS ARE
SUBMITTED.
None of the funds appropriated pursuant to the
authorization in section 301 for Cooperative Threat Reduction
programs may be obligated or expended until 15 days after the
date which is the latest of the following:
(1) The date on which the President submits to
Congress the determinations required under subsection
(c) of section 211 of Public Law 102-228 (22 U.S.C.
2551 note) with respect to any certification
transmitted to Congress under subsection (b) of that
section before the date of the enactment of this Act.
(2) The date on which the Secretary of Defense
submits to Congress the first report under section
1206(a) of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 471).
(3) The date on which the Secretary of Defense
submits to Congress the report for fiscal year 1996
required under section 1205(c) of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-
337; 108 Stat. 2883).
SEC. 1505. AVAILABILITY OF FUNDS.
Funds appropriated pursuant to the authorization of
appropriations in section 301 for Cooperative Threat Reduction
programs shall be available for obligation for three fiscal
years.
p. Cooperative Threat Reduction, Fiscal Year 1996
Partial text of Public Law 104-106 [National Defense Authorization Act
for Fiscal Year 1996; S. 1124], 110 Stat. 186, approved February 10,
1996; as amended by Public Law 104-201 [National Defense Authorization
Act for Fiscal Year 1997; H.R. 3230], 110 Stat. 2422, approved
September 23, 1996; Public Law 106-65 [National Defense Authorization
Act for Fiscal Year 2000; S. 1059], 113 Stat. 512, approved October 5,
1999; and Public Law 106-398 [Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2000; H.R. 4205], 114 Stat. 1654,
approved October 30, 2000
AN ACT To authorize appropriations for fiscal year 1996 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, to
reform acquisition laws and information technology management of the
Federal Government, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 1996''.
* * * * * * *
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 1996 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for expenses, not
otherwise provided for, for operation and maintenance, in
amounts as follows:
(1)-(17) * * *
(18) For Cooperative Threat Reduction programs,
$300,000,000.\1\
---------------------------------------------------------------------------
\1\ Title II of the Department of Defense Appropriations Act
(Public Law 104-61; 109 Stat. 642, 674) provided the following:
---------------------------------------------------------------------------
``Former Soviet Union Threat Reduction
---------------------------------------------------------------------------
``For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure transportation and
storage of nuclear, chemical and other weapons; for establishing
programs to prevent the proliferation of weapons, weapons components,
and weapon-related technology and expertise; for programs relating to
the training and support of defense and military personnel for
demilitarization and protection of weapons, weapons components and
weapons technology and expertise; $300,000,000, to remain available
until expended.
---------------------------------------------------------------------------
* * * * * * *
``GENERAL PROVISIONS
* * * * * * *
---------------------------------------------------------------------------
``Sec. 8114. (a) Limitation.--Of the funds available under title II
under the heading `Former Soviet Union Threat Reduction' for
dismantlement and destruction of chemical weapons, not more than
$52,000,000 may be obligated or expended for that purpose until the
President certifies to Congress the following:
---------------------------------------------------------------------------
``(1) That the United States and Russia have completed a joint laboratory
study evaluating the proposal of Russia to neutralize its chemical weapons
and the United States agrees with the proposal.
``(2) That Russia is in the process of preparing, with the assistance of
the United States as necessary, a comprehensive plan to manage the
dismantlement and destruction of the Russia chemical weapons stockpile.
``(3) That the United States and Russia are committed to resolving
outstanding issues under the 1989 Wyoming Memorandum of Understanding and
the 1990 Bilateral Destruction Agreement.
---------------------------------------------------------------------------
``(b) Definitions.--In this section:
---------------------------------------------------------------------------
``(1) The term `1989 Wyoming Memorandum of Understanding' means the
Memorandum of Understanding between the Government of the United States of
America and the Government of the Union of Soviet Socialist Republics
Regarding a Bilateral Verification Experiment and Data Exchange Related to
Prohibition on Chemical Weapons, signed at Jackson Hole, Wyoming, on
September 23, 1989.
``(2) The term `1990 Bilateral Destruction Agreement' means the Agreement
between the United States of America and the Union of Soviet Socialist
Republics on destruction and non-production of chemical weapons and on
measures to facilitate the multilateral convention on banning chemical
weapons signed on June 1, 1990.''.
(19) * * *
* * * * * * *
TITLE XII--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
UNION
SEC. 1201.\2\ SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS.
(a) In General.--For purposes of section 301 and other
provisions of this Act, Cooperative Threat Reduction programs
are the programs specified in subsection (b).
---------------------------------------------------------------------------
\2\ 22 U.S.C. 5955 note.
---------------------------------------------------------------------------
(b) Specified Programs.--The programs referred to in
subsection (a) are the following programs with respect to
states of the former Soviet Union:
(1) Programs to facilitate the elimination, and the
safe and secure transportation and storage, of nuclear,
chemical, and other weapons, fissile material suitable
for use in nuclear weapons,\3\ and their delivery
vehicles.
---------------------------------------------------------------------------
\3\ Sec. 1431 of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 110 Stat. 2726) inserted ``, fissile
material suitable for use in nuclear weapons,'' after ``other
weapons''.
---------------------------------------------------------------------------
(2) Programs to facilitate the safe and secure
storage of fissile materials derived from the
elimination of nuclear weapons.
(3) Programs to prevent the proliferation of weapons,
weapons components, and weapons-related technology and
expertise.
(4) Programs to expand military-to-military and
defense contacts.
SEC. 1202. FISCAL YEAR 1996 FUNDING ALLOCATIONS.
(a) In General.--Of the amount appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative
Threat Reduction programs, not more than the following amounts
may be obligated for the purposes specified:
(1) For elimination of strategic offensive weapons in
Russia, Ukraine, Belarus, and Kazakhstan, $90,000,000.
(2) For weapons security in Russia, $42,500,000.
(3) For the Defense Enterprise Fund, $0.
(4) For nuclear infrastructure elimination in
Ukraine, Belarus, and Kazakhstan, $35,000,000.
(5) For planning and design of a storage facility for
Russian fissile material, $29,000,000.
(6) For planning and design of a chemical weapons
destruction facility in Russia, $73,000,000.
(7) For activities designated as Defense and Military
Contacts/General Support/Training in Russia, Ukraine,
Belarus, and Kazakhstan, $10,000,000.
(8) For activities designated as Other Assessments/
Support $20,500,000.
(b) Limited Authority To Vary Individual Amounts.--(1) \4\
If the Secretary of Defense determines that it is necessary to
do so in the national interest, the Secretary may, subject to
paragraph (2), obligate amounts for the purposes stated in any
of the paragraphs of subsection (a) in excess of the amount
specified for those purposes in that paragraph, but not in
excess of 115 percent of that amount. However, the total amount
obligated for the purposes stated in the paragraphs in
subsection (a) may not by reason of the use of the authority
provided in the preceding sentence exceed the sum of the
amounts specified in those paragraphs.
---------------------------------------------------------------------------
\4\ Sec. 1402(c) of Public Law 105-85 (111 Stat. 1959) provided the
following:
``(c) Limited Waiver of 115 Percent Cap on Obligation in Excess of
Amounts Authorized for Fiscal Years 1996 and 1997.--(1) The limitation
in subsection (b)(1) of section 1202 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat.
469), that provides that the authority provided in that sentence to
obligate amounts specified for Cooperative Threat Reduction purposes in
excess of the amount specified for each such purpose in subsection (a)
of that section may not exceed 115 percent of the amounts specified,
shall not apply with respect to subsection (a)(1) of such section for
purposes of strategic offensive weapons elimination in Russia or the
Ukraine.
``(2) The limitation in subsection (b)(1) of section 1502 of the
National Defense Authorization Act for Fiscal Year 1997 (Public Law
104-201; 110 Stat. 2732), that provides that the authority provided in
that sentence to obligate amounts specified for Cooperative Threat
Reduction purposes in excess of the amount specified for each such
purpose in subsection (a) of that section may not exceed 115 percent of
the amounts specified, shall not apply with respect to subsections
(a)(2) and (a)(3) of such section.''.
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(2) An obligation for the purposes stated in any of the
paragraphs in subsection (a) in excess of the amount specified
in that paragraph may be made using the authority provided in
paragraph (1) only after--
(A) the Secretary submits to Congress a notification
of the intent to do so together with a complete
discussion of the justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
(c) Reimbursement of Pay Accounts.--Funds appropriated
pursuant to the authorization of appropriations in section 301
for Cooperative Threat Reduction programs may be transferred to
military personnel accounts for reimbursement of those accounts
for the amount of pay and allowances paid to reserve component
personnel for service while engaged in any activity under a
Cooperative Threat Reduction program.
SEC. 1203. PROHIBITION ON USE OF FUNDS FOR PEACEKEEPING EXERCISES AND
RELATED ACTIVITIES WITH RUSSIA.
None of the funds appropriated pursuant to the
authorization in section 301 for Cooperative Threat Reduction
programs may be obligated or expended for the purpose of
conducting with Russia any peacekeeping exercise or other
peacekeeping-related activity.
SEC. 1204. REVISION TO AUTHORITY FOR ASSISTANCE FOR WEAPONS
DESTRUCTION.
Section 211 of Public Law 102-228 (22 U.S.C. 2551 note) is
amended by adding at the end the following new subsection:
``(c) As part of a transmission to Congress under
subsection (b) of a certification that a proposed recipient of
United States assistance under this title is committed to
carrying out the matters specified in each of paragraphs (1)
through (6) of that subsection, the President shall include a
statement setting forth, in unclassified form (together with a
classified annex if necessary), the determination of the
President, with respect to each such paragraph, as to whether
that proposed recipient is at that time in fact carrying out
the matter specified in that paragraph.''.
SEC. 1205.\5\ PRIOR NOTICE TO CONGRESS OF OBLIGATION OF FUNDS.
(a) Annual Requirement.--(1) Not less than 15 days before
any obligation of any funds appropriated for any fiscal year
for a program specified under section 1201 as a Cooperative
Threat Reduction program, the Secretary of Defense shall submit
to the congressional committees specified in paragraph (2) a
report on that proposed obligation for that program for that
fiscal year.
---------------------------------------------------------------------------
\5\ 22 U.S.C. 5955 note.
---------------------------------------------------------------------------
(2) The congressional committees referred to in paragraph
(1) are the following:
(A) The Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations
of the Senate.
(B) The Committee on National Security, \6\ the
Committee on International Relations, and the Committee
on Appropriations of the House of Representatives.
---------------------------------------------------------------------------
\6\ The House Committee on National Security reverted back to its
former name, Committee on Armed Services, in the 106th Congress.
Congress did not enact legislation, however, to universally amend
reference to that committee in Public Law. Sec. 1067 of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113
Stat. 774) did make such a change in specific pieces of legislation and
10 United States Code.
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(b) Matters To Be Specified in Reports.--Each such report
shall specify--
(1) the activities and forms of assistance for which
the Secretary of Defense plans to obligate funds;
(2) the amount of the proposed obligation; and
(3) the projected involvement (if any) of any
department or agency of the United States (in addition
to the Department of Defense) and of the private sector
of the United States in the activities and forms of
assistance for which the Secretary of Defense plans to
obligate such funds.
SEC. 1206.\7\ * * * [REPEALED--2000]
SEC. 1207. LIMITATION ON ASSISTANCE TO NUCLEAR WEAPONS SCIENTISTS OF
FORMER SOVIET UNION.
Amounts appropriated pursuant to the authorization of
appropriations in section 301 for Cooperative Threat Reduction
programs may not be obligated for any program established
primarily to assist nuclear weapons scientists in states of the
former Soviet Union until 30 days after the date on which the
Secretary of Defense certifies in writing to Congress that the
funds to be obligated will not be used (1) to contribute to the
modernization of the strategic nuclear forces of such states,
or (2) for research, development, or production of weapons of
mass destruction.
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\7\ Formerly at 22 U.S.C. 5955 note. Required a report on
accounting for U.S. assistance. Sec. 1308(g)(1)(C) of Public Law 106-
398 (114 Stat. 1654A-343) repealed this section. Sec. 1308 of that Act
repealed several CTR reporting requirements and established a new,
consolidated, report on activities and assistance under CTR programs.
---------------------------------------------------------------------------
SEC. 1208.\8\ LIMITATION RELATING TO OFFENSIVE BIOLOGICAL WARFARE
PROGRAM OF RUSSIA.
(a) Limitation.--Of the amount appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative
Threat Reduction programs that is available for the purpose
stated in section 1202(a)(6), $60,000,000 may not be obligated
or expended until the President submits to Congress either a
certification as provided in subsection (b) or a certification
as provided in subsection (c).
---------------------------------------------------------------------------
\8\ In a memorandum of April 1, 1996, the President delegated to
the Secretary of State the authorities and duties vested in the
President under this section, to be exercised in consultation with the
Secretary of Defense (61 F.R. 26017; May 23, 1996).
---------------------------------------------------------------------------
(b) Certification With Respect to Offensive Biological
Warfare Program of Russia.--A certification under this
subsection is a certification by the President of each of the
following:
(1) That Russia is in compliance with its obligations
under the Biological Weapons Convention.
(2) That Russia has agreed with the United States and
the United Kingdom on a common set of procedures to
govern visits by officials of the United States and
United Kingdom to military biological facilities of
Russia, as called for under the Joint Statement on
Biological Weapons issued by officials of the United
States, the United Kingdom, and Russia on September 14,
1992.
(3) That visits by officials of the United States and
United Kingdom to the four declared military biological
facilities of Russia have occurred.
(c) Alternative Certification.--A certification under this
subsection is a certification by the President that the
President is unable to make a certification under subsection
(b).
(d) Use of Funds Upon Alternative Certification.--If the
President makes a certification under subsection (c), the
$60,000,000 specified in subsection (a)--
(1) shall not be available for the purpose stated in
section 1202(a)(6); and
(2) shall be available for activities in Ukraine,
Kazakhstan, and Belarus--
(A) for the elimination of strategic
offensive weapons (in addition to the amount
specified in section 1202(a)(1)); and
(B) for nuclear infrastructure elimination
(in addition to the amount specified in section
1202(a)(4)).
SEC. 1209. LIMITATION ON USE OF FUNDS FOR CHEMICAL WEAPONS DESTRUCTION
FACILITY.
(a) Limitation.--Of the amount appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative
Threat Reduction programs that is available for planning and
design of a chemical weapons destruction facility, not more
than one-half of such amount may be obligated or expended until
the President certifies to Congress the following:
(1) That the United States and Russia have completed
a joint laboratory study to determine the feasibility
of an appropriate technology for destruction of
chemical weapons of Russia.
(2) That Russia is making reasonable progress, with
the assistance of the United States (if necessary),
toward the completion of a comprehensive implementation
plan for managing and funding the dismantlement and
destruction of Russia's chemical weapons stockpile.
(3) That the United States and Russia have made
substantial progress toward resolution, to the
satisfaction of the United States, of outstanding
compliance issues under the 1989 Wyoming Memorandum of
Understanding and the 1990 Bilateral Destruction
Agreement.
(b) Definitions.--In this section:
(1) The term ``1989 Wyoming Memorandum of
Understanding'' means the Memorandum of Understanding
between the Government of the United States of America
and the Government of the Union of Soviet Socialist
Republics Regarding a Bilateral Verification Experiment
and Data Exchange Related to Prohibition on Chemical
Weapons, signed at Jackson Hole, Wyoming, on September
23, 1989.
(2) The term ``1990 Bilateral Destruction Agreement''
means the Agreement between the United States of
America and the Union of Soviet Socialist Republics on
destruction and nonproduction of chemical weapons and
on measures to facilitate the multilateral convention
on banning chemical weapons signed on June 1, 1990.
* * * * * * *
q. Cooperative Threat Reduction, Fiscal Year 1995
Partial text of Public Law 103-337 [National Defense Authorization Act
for Fiscal Year 1995; S. 2182], 108 Stat. 2663, approved October 5,
1994; as amended by Public Law 104-106 [National Defense Authorization
Act for Fiscal Year 1996; S. 1124], 110 Stat. 186, approved February
10, 1996; and Public Law 106-398 [Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2000; H.R. 4205], 114 Stat. 1654,
approved October 30, 2000
AN ACT To authorize appropriations for fiscal year 1995 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 1995''.
* * * * * * *
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 1995 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for expenses, not
otherwise provided for, for operation and maintenance in
amounts as follows:
(1)-(18) * * *
(19) For Cooperative Threat Reduction programs,
$400,000,000.\1\
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\1\ Title II of the Department of Defense Appropriations Act, 1995
(Public Law 103-335; 108 Stat. 2606), provided the following:
---------------------------------------------------------------------------
``Former Soviet Union Threat Reduction
---------------------------------------------------------------------------
``For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure transportation and
storage of nuclear, chemical and other weapons; for providing
incentives for demilitarization; for establishing programs to prevent
the proliferation of weapons, weapons components, and weapon-related
technology and expertise; for programs relating to the training and
support of defense and military personnel for demilitarization and
protection of weapons, weapons components and weapons technology and
expertise; for supporting the demilitarization of military technologies
and production infrastructure; $400,000,000, to remain available until
expended: Provided, That of the funds appropriated under this heading,
$10,000,000 shall be made available only for the continuing study,
assessment, and identification of nuclear waste disposal by the former
Soviet Union in the Arctic and North Pacific regions.''.
---------------------------------------------------------------------------
(20) * * *
* * * * * * *
TITLE XII--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
UNION
* * * * * * *
SEC. 1201.\2\ COOPERATIVE THREAT REDUCTION PROGRAMS.
For purposes of section 301 and other provisions of this
Act, Cooperative Threat Reduction programs are the programs
described in section 1203(b) of the Cooperative Threat
Reduction Act of 1993 (title XII of Public Law 103-160; 107
Stat. 1778; 22 U.S.C. 5952(b)).
---------------------------------------------------------------------------
\2\ 22 U.S.C. 5952 note.
---------------------------------------------------------------------------
SEC. 1202. EXTENSION OF SEMIANNUAL REPORT ON COOPERATIVE THREAT
REDUCTION PROGRAMS.
Section 1207 of the Cooperative Threat Reduction Act of
1993 (title XII of Public Law 103-160 \3\; 107 Stat. 1782) is
amended--* * *
---------------------------------------------------------------------------
\3\ Originally read ``Public Law 103-60''. Sec. 1504(a)(7)(A) of
the National Defense Authorization Act for Fiscal Year 1996 (Public Law
104-106; 110 Stat. 513) corrected this section to read ``Public Law
103-160''.
\4\ Sec. 1203 required a report on accounting for U.S. assistance.
Sec. 1308(g)(1)(B) of Public Law 106-398 (114 Stat. 1654A-343) repealed
this section. Sec. 1308 of that Act repealed several CTR reporting
requirements and established a new, consolidated, report on activities
and assistance under CTR programs.
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SEC. 1203.\4\ * * * [REPEALED--2000]
SEC. 1204. REPORT ON CONTROL AND ACCOUNTABILITY OF MATERIAL RELATING TO
WEAPONS OF MASS DESTRUCTION.
The Secretary of Defense shall submit to Congress a report
on progress being made in each state of the former Soviet Union
that is a recipient of assistance under Cooperative Threat
Reduction programs toward the development of an effective
system of control and accountability for material related to
weapons of mass destruction in that country. Under such a
system, officials of the United States and of the recipient
country should have an accurate accounting of the weapons of
mass destruction in that country and the fissile and chemical
materials from those weapons. The report shall be submitted not
later than three months after the date of the enactment of this
Act.
---------------------------------------------------------------------------
\5\ Formerly at 22 U.S.C. 5952 note. Pertained to multiyear
planning, allied support; required a report on funding to Congress.
Sec. 1308(g)(2) of Public Law 106-398 (114 Stat. 1654) repealed this
section, ``effective on the date the Secretary of Defense submits to
Congress an updated version of the multiyear plans for fiscal year 2001
as described in subsection (h)'' of that Act.
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SEC. 1205.\5\ * * * [REPEALED--2000]
SEC. 1206. FUNDING LIMITATIONS ON COOPERATIVE THREAT REDUCTION PROGRAM
FOR FISCAL YEAR 1995.
(a) Program Amounts.--Of the amount authorized to be
appropriated in section 301 for Cooperative Threat Reduction
programs--
(1) not more than $60,000,000 may be obligated for
the demilitarization of defense industries and the
conversion of military technologies and capabilities
into civilian activities;
(2) not more than $200,000,000 may be obligated for
Weapons Dismantlement, Destruction, and
Denuclearization;
(3) not more than $60,000,000 may be obligated for
Safety and Security, Transportation, and Storage;
(4) not more than $40,000,000 may be obligated for
Nonproliferation;
(5) not more than $20,000,000 may be obligated for
Defense and Military-to-Military Contacts; and
(6) not more than $20,000,000 may be obligated for
other authorized programs and activities.
(b) Limited Authority To Exceed Individual Limitation
Amounts.--(1) If the Secretary of Defense determines that it is
necessary to do so in the national interest, the Secretary may,
subject to paragraph (2), obligate amounts for the purposes
stated in any of the paragraphs of subsection (a) in excess of
the amount specified for those purposes in that paragraph.
However, the total amount obligated for the purposes stated in
the paragraphs in subsection (a) may not by reason of the use
of the authority provided in the preceding sentence exceed the
sum of the amounts specified in those paragraphs.
(2) An obligation for the purposes stated in any of the
paragraphs in subsection (a) in excess of the amount specified
in that paragraph may be made using the authority provided in
paragraph (1) only after--
(A) the Secretary submits to Congress a notification
of the intent to do so together with a complete
discussion of the justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
SEC. 1207. REPORT ON OFFENSIVE BIOLOGICAL WARFARE PROGRAM OF THE STATES
OF THE FORMER SOVIET UNION.
(a) Findings.--Congress makes the following findings:
(1) The United States has identified nonproliferation
of weapons of mass destruction as a high priority in
the conduct of United States national security policy.
(2) The United States is seeking universal adherence
to global regimes that control nuclear, chemical, and
biological weapons and is promoting new measures that
provide increased transparency of biological weapons-
related activities and facilities in an effort to help
deter violations of and enhance compliance with the
Biological Weapons Convention.
(3) In early 1992, Russian President Boris Yeltsin
indicated to former United States President George Bush
that Russia still had an offensive biological weapons
program.
(4) A United States Government report dated January
19, 1993, on arms control noncompliance noted that
Russian declarations up to that date had dramatically
underestimated the size, scope, and maturity of the
former Soviet biological weapons program.
(5) Despite President Yeltsin's decree of April 11,
1993, stating that activities in violation of the
Biological Weapons Convention are illegal, questions
continue to arise regarding offensive biological
weapons research, development, testing, production, and
storage in Russia as well as in other countries.
(6) A United States Government report, dated June 23,
1994, states the following: ``The United States has
determined that the offensive biological warfare
program that Russia inherited from the Soviet Union
violated the Biological Weapons Convention through at
least March 1992. The Soviet offensive biological
weapons program was massive, and included production,
weaponization, and stockpiling. The status of the
program since that time remains unclear and the U.S.
remains concerned about the Russian biological warfare
program.''.
(7) The Joint Statement on Biological Weapons issued
by officials of the United States, the United Kingdom,
and Russia on September 14, 1992, confirmed the
commitment of the three governments to full compliance
with the Biological Weapons Convention and outlined
steps designed to increase confidence in that
commitment.
(8) The Presidents of Russia and the United States
are scheduled to hold a summit meeting in Washington
during the month of September 1994.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the President should continue to urge all
signatories to the Biological Weapons Convention to
comply fully with the terms of that convention and with
other international agreements relating to the control
of biological weapons;
(2) the President should keep the Congress fully and
currently informed regarding any Russian activities
related to offensive biological weapons;
(3) the President should continue to insist that the
Russian Government complete the steps noted and agreed
to in the Joint Statement on Biological Weapons issued
by officials of the United States, the United Kingdom,
and Russia on September 14, 1992;
(4) subsequent meetings of representatives of the
United States, the United Kingdom, and Russia on
biological weapons and the September 1994 summit
meeting in Washington provide opportunities for the
President to again emphasize the importance of
resolving the issues related to compliance with the
Biological Weapons Convention;
(5) in assessing the President's fiscal year 1996
budget request for foreign assistance funds for Russia,
and for other programs and activities to provide
assistance to Russia, including the Cooperative Threat
Reduction programs, Congress will consider United
States Government assessments of Russia's compliance
with its obligations under the Biological Weapons
Convention; and
(6) as the President encourages increased
transparency of biological weapons-related activities
and facilities to deter violations of, and enhance
compliance with, the Biological Weapons Convention, the
President should also take appropriate actions to
ensure that the United States is prepared to counter
the effects of use of biological weapons by others.
(c) \6\ Presidential Reports.--Not later than February 1,
1995, not later than June 1, 1995, and not later than October
1, 1995, the President shall submit to Congress a report, in
classified and unclassified forms, containing an assessment of
the extent of compliance of the independent states of the
former Soviet Union with the Biological Weapons Convention and
other international agreements relating to the control of
biological weapons.
---------------------------------------------------------------------------
\6\ In a memorandum of February 15, 1995, the President delegated
the authority and functions laid out in sec. 1207(c) to the Secretary
of State, in consultation with the Secretary of Defense (60 F.R. 10791;
February 28, 1995).
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(d) Content of Report.--The report shall include the
following:
(1) Matters related to compliance.--
(A) An evaluation of the extent of control
and oversight by the government of the Russian
Federation over the former Soviet military and
dual civilian-military biological warfare
programs.
(B) The extent, if any, of the biological
warfare agent stockpile in any of the
independent states of the former Soviet Union.
(C) The extent and scope, if any, of
continued biological warfare research,
development, testing, and production by such
states, including the sites and types of
activity at those sites.
(D) An evaluation of the effectiveness of
possible delivery systems of biological
weapons, including tube and rocket artillery,
aircraft, and ballistic missiles.
(E) An assessment of measures taken by the
Russian Government to complete the steps noted
and agreed to in the 1992 Joint Statement on
Biological Weapons referred to in subsection
(b)(3), including a determination of the extent
to which Russia has--
(i) agreed to permit visits to
military and nonmilitary biological
sites in order to attempt to resolve
ambiguities;
(ii) provided information about
biological weapons dismantlement
accomplished to date, and further
clarification of information provided
in its United Nations Declarations
regarding biological weapons;
(iii) been cooperative in exchanging
information on a confidential,
reciprocal basis concerning past
offensive biological weapons programs
not recorded in detail in its
declarations to the United Nations;
(iv) cooperated in reviewing
potential additional measures to
monitor compliance with the Biological
Weapons Convention and modalities for
testing such measures;
(v) agreed to an examination of the
physical infrastructure of its
biological facilities to determine
whether there is specific equipment or
excess capacity inconsistent with their
stated purpose;
(vi) helped identify ways to promote
cooperation and investment in the
conversion of biological weapons
facilities; and
(vii) agreed to exchanges of
scientists at biological facilities on
a long-term basis.
(2) Matters related to united states capabilities.--
(A) An evaluation of United States
capabilities to detect and monitor biological
warfare research, development, testing,
production, and storage.
(B) On the basis of the assessment and
evaluations referred to in other provisions of
the report, recommendations by the Secretary of
Defense and Chairman of the Joint Chiefs of
Staff for the improvement of United States
biological warfare defense and counter-
measures.
(e) Limitation.--Of the amount authorized to be
appropriated by section 301 for Cooperative Threat Reduction
programs, $25,000,000 may not be obligated until the President
submits to Congress the first report required under subsection
(c).
SEC. 1208. COORDINATION OF CERTAIN COOPERATIVE THREAT REDUCTION
PROGRAMS.
(a) Military-to-Military Contact Programs.--(1) None of the
funds authorized to be appropriated in section 301 for
Cooperative Threat Reduction programs may be obligated for
activities under a military-to-military contact program until
the Secretary of Defense and the Secretary of State submit to
Congress a joint report on the coordination of military-to-
military contact programs and comparable activities carried out
under their respective jurisdictions.
(2) The report shall cover the following programs and
activities:
(A) Defense and military-to-military contact programs
to be carried out using funds authorized to be
appropriated in section 301 for Cooperative Threat
Reduction programs.
(B) Military-to-military contacts and comparable
activities that are authorized by section 168 of title
10, United States Code, as added by section 1316.
(C) Programs authorized under chapter 5 of part II of
the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et
seq.).
(3) The report shall include a discussion of how the
programs and activities referred to in paragraph (2) are
carried out to maximize--
(A) the effect of such programs and activities in
enhancing United States foreign policy objectives; and
(B) cost-efficiency in the conduct of the programs
and activities.
(b) Report.--Section 1207 of the Cooperative Threat
Reduction Act of 1993 (title XII of Public Law 103-160; 107
Stat. 1777; 22 U.S.C. 5956), is amended by adding at the end
the following new paragraph: * * *
SEC. 1209. SENSE OF CONGRESS CONCERNING SAFE AND SECURE DISMANTLEMENT
OF SOVIET NUCLEAR ARSENAL.
(a) Findings.--Congress makes the following findings:
(1) It is a pressing national security challenge for
the United States to expedite the safe and secure
dismantlement of the nuclear arsenal of the former
Soviet Union.
(2) In particular, it is essential to expedite the
return of strategic nuclear warheads from Ukraine,
Belarus, and Kazakhstan and to expedite the safe and
secure dismantlement of the nuclear delivery vehicles
of Ukraine, Belarus, and Kazakhstan.
(3) Leakage of nuclear materials and technology, and
the continuing threat of emigration of scientists and
technicians from the former Soviet nuclear weapons
complex, pose a grave threat to United States national
security and to international stability.
(4) Congress has authorized so-called ``Nunn-Lugar''
funds to enable the Department of Defense to carry out
cooperative activities with states of the former Soviet
Union to address the threats described in paragraphs
(1), (2), and (3).
(b) Sense of Congress.--In light of the findings in
subsection (a), it is the sense of Congress that--
(1) the Secretary of Defense and the Secretary of
State should continue to give their serious attention
to carrying out a coordinated strategy for addressing
the urgent national security issues described in
subsection (a);
(2) the United States should expedite the
availability and effective application of so-called
``Nunn-Lugar'' funds;
(3) although activities conducted with those funds
should, to the extent feasible, draw upon United States
technology and expertise, the United States should work
with local contractors in Belarus, Kazakhstan, Russia,
and Ukraine when doing so would expedite more effective
use of those funds; and
(4) efforts should be made to make the Science and
Technology Centers in Moscow and Kiev, designed to slow
the emigration of scientists and technicians from the
former Soviet weapons complex, fully operational on an
expedited basis.
* * * * * * *
r. Cooperative Threat Reduction Act of 1993
Partial text of Public Law 103-160 [National Defense Authorization Act
for Fiscal Year 1994; H.R. 2401], 107 Stat. 1547 at 1777, approved
November 30, 1993; as amended by Public Law 103-337 [National Defense
Authorization Act for Fiscal Year 1995; S. 2182], 108 Stat. 2663,
approved October 5, 1994; Public Law 106-398 [Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2000; H.R. 4205], 114 Stat.
1654, approved October 30, 2000; Public Law 107-314 [Bob Stump National
Defense Authorization Act for Fiscal Year 2003; H.R. 4546], 116 Stat.
2458, approved December 2, 2002; Public Law 110-53 [Implementing
Recommendations of the 9/11 Commission Act of 2007; H.R. 1], 121 Stat.
266, approved August 3, 2007; and Public Law 110-181 [National Defense
Authorization Act for Fiscal Year 2008; H.R. 4986], 122 Stat. 3,
approved January 28, 2008
AN ACT To authorize appropriations for fiscal year 1994 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 1994 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for expenses, not
otherwise provided for, for operation and maintenance in
amounts as follows:
(1)-(20) * * *
(21) For Former Soviet Union Threat Reduction,
$400,000,000.\1\
---------------------------------------------------------------------------
\1\ Title II of the Department of Defense Appropriations Act, 1994
(Public Law 103-139; 107 Stat. 1426), provided the following:
---------------------------------------------------------------------------
``Former Soviet Union Threat Reduction
---------------------------------------------------------------------------
``For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure transportation and
storage of nuclear, chemical and other weapons; for providing
incentives for demilitarization; for establishing programs to prevent
the proliferation of weapons, weapons components, and weapon-related
technology and expertise; for expansion of military-to-military
contacts; for supporting the conversion of military technologies and
capabilities into civilian activities; and for retraining military
personnel of the former Soviet Union; $400,000,000, to remain available
until expended: Provided, That of the funds appropriated under this
heading, $10,000,000 shall be made available only for the continuing
study, assessment, and identification of nuclear waste disposal by the
former Soviet Union in the Arctic and North Pacific region: Provided
further, That the transfer authority provided in section 9110(a) of the
Department of Defense Appropriations Act, 1993, shall continued to be
in effect during fiscal year 1994: Provided further, That any transfer
made under the foregoing proviso in this paragraph shall be subject to
the limitations and the reporting requirements stipulated in section
8006 of this Act: Provided further, That the Director of Central
Intelligence shall report to the President and the Congressional
defense, foreign affairs, and intelligence committees on the current
status of intercontinental ballistic missile development and production
in states eligible for assistance under this heading: Provided further,
That none of the funds appropriated under this heading may be expended
or transferred to an otherwise eligible recipient state if the
President concludes, and notifies the Congressional defense, foreign
affairs, and intelligence committees in a written report, that the
potential recipient is currently engaged in the production of a new
road mobile or fixed-site land based intercontinental ballistic missile
armed with multiple nuclear re-entry vehicles.''.
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* * * * * * *
TITLE XII--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
UNION
SEC. 1201.\2\ SHORT TITLE.
This title may be cited as the ``Cooperative Threat
Reduction Act of 1993''.
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\2\ 22 U.S.C. 5951 note.
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SEC. 1202.\3\ FINDINGS ON COOPERATIVE THREAT REDUCTION.
The Congress finds that it is in the national security
interest of the United States for the United States to do the
following:
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\3\ 22 U.S.C. 5951.
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(1) Facilitate, on a priority basis, the
transportation, storage, safeguarding, and elimination
of nuclear and other weapons of the independent states
of the former Soviet Union, including--
(A) the safe and secure storage of fissile
materials derived from the elimination of
nuclear weapons;
(B) the dismantlement of (i) intercontinental
ballistic missiles and launchers for such
missiles, (ii) submarine-launched ballistic
missiles and launchers for such missiles, and
(iii) heavy bombers; and
(C) the elimination of chemical, biological
and other weapons capabilities.
(2) Facilitate, on a priority basis, the prevention
of proliferation of weapons (and components of weapons)
of mass destruction and destabilizing conventional
weapons of the independent states of the former Soviet
Union and the establishment of verifiable safeguards
against the proliferation of such weapons and
components.
(3) Facilitate, on a priority basis, the prevention
of diversion of weapons-related scientific expertise of
the independent states of the former Soviet Union to
terrorist groups or third world countries.
(4) Support (A) the demilitarization of the defense-
related industry and equipment of the independent
states of the former Soviet Union, and (B) the
conversion of such industry and equipment to civilian
purposes and uses.
(5) Expand military-to-military and defense contacts
between the United States and the independent states of
the former Soviet Union.
SEC. 1203.\4\ AUTHORITY FOR PROGRAMS TO FACILITATE COOPERATIVE THREAT
REDUCTION.
(a) In General.--Notwithstanding any other provision of
law, the President may conduct programs described in subsection
(b) to assist the independent states of the former Soviet Union
in the demilitarization of the former Soviet Union. Any such
program may be carried out only to the extent that the
President determines that the program will directly contribute
to the national security interests of the United States.
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\4\ 22 U.S.C. 5952. See also sec. 3131 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat.
617).
In a memorandum of January 29, 1994, the President delegated
authorities and duties in sections 1203 through 1207 as follows:
``* * * I hereby delegate:
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``1. to the Secretary of State the authority and duty vested in the
President under section 1203(d) of the Cooperative Threat Reduction Act of
1993, Title XII of the National Defense Authorization Act for Fiscal Year
1994 (Public Law 103-160);
``2. to the Secretary of Defense the authorities and duties vested in the
President under sections 1203(a), 1204, 1206, and 1207 of Public Law 103-
160.
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``The Secretary of Defense shall not exercise authority delegated
by number 2 hereof with respect to any former Soviet republic unless
the Secretary of State has exercised his authority and performed the
duty delegated by number 1 hereof, as applicable, with respect to that
former Soviet republic. The Secretary of Defense shall not obligated
funds in exercise of authority delegated by number 2 hereof unless the
Director of the Office of Management and Budget has made the
determination that expenditures are to be counted as discretionary
spending in the national defense budget (050), as applicable to the
funds to be transferred.'' (59 F.R. 5929; February 9, 1994).
Sec. 1811(2) of the Implementing Recommendations of the 9/11
Commission Act of 2007 (Public Law 110-53; 121 Stat. 492) repealed
subsec. (d) of this section, which prohibited assistance to former
states of the Soviet Union if the President did not certify that such
states were meeting requirements listed in the subsection. For the text
of former subsec. (d) and accompanying notes, see Legislation on
Foreign Relations Through 2005, Vol. II-B, pp. 125-26. Sec. 1304(a)(2)
of the National Defense Authorization Act for Fiscal Year 2008 (Public
Law 110-181; 122 Stat. 412) contains a provision to strike out this
already repealed subsection.
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(b) Authorized Programs.--The programs referred to in
subsection (a) are the following:
(1) Programs to facilitate the elimination, and the
safe and secure transportation and storage, of nuclear,
chemical, and other weapons and their delivery
vehicles.
(2) Programs to facilitate the safe and secure
storage of fissile materials derived from the
elimination of nuclear weapons.
(3) Programs to prevent the proliferation of weapons,
weapons components, and weapons-related technology and
expertise.
(4) Programs to expand military-to-military and
defense contacts.
(5) Programs to facilitate the demilitarization of
defense industries and the conversion of military
technologies and capabilities into civilian activities.
(6) Programs to assist in the environmental
restoration of former military sites and installations
when such restoration is necessary to the
demilitarization or conversion programs authorized in
paragraph (5).
(7) Programs to provide housing for former military
personnel of the former Soviet Union released from
military service in connection with the dismantlement
of strategic nuclear weapons, when provision of such
housing is necessary for dismantlement of strategic
nuclear weapons and when no other funds are available
for such housing.
(8) Other programs as described in section 212(b) of
the Soviet Nuclear Threat Reduction Act of 1991 (title
II of Public Law 102-228; 22 U.S.C. 2551 note) and
section 1412(b) of the Former Soviet Union
Demilitarization Act of 1992 (title XIV of Public Law
102-484; 22 U.S.C. 5901 et seq.).
(c) United States Participation.--The programs described in
subsection (b) should, to the extent feasible, draw upon United
States technology and expertise, especially from the private
sector of the United States.
SEC. 1204.\5\ DEMILITARIZATION ENTERPRISE FUND.
(a) Designation of Fund.--The President is authorized to
designate a Demilitarization Enterprise Fund for the purposes
of this section. The President may designate as the
Demilitarization Enterprise Fund any organization that
satisfies the requirements of subsection (e).
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\5\ 22 U.S.C. 5953.
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(b) Purpose of Fund.--The purpose of the Demilitarization
Enterprise Fund is to receive grants pursuant to this section
and to use the grant proceeds to provide financial support
under programs described in subsection (b)(5) for
demilitarization of industries and conversion of military
technologies and capabilities into civilian activities.
(c) Grant Authority.--The President may make one or more
grants to the Demilitarization Enterprise Fund.
(d) Risk Capital Funding of Demilitarization.--The
Demilitarization Enterprise Fund shall use the proceeds of
grants received under this section to provide financial support
in accordance with subsection (b) through transactions as
follows:
(1) Making loans.
(2) Making grants.
(3) Providing collateral for loan guaranties by the
Export-Import Bank of the United States.
(4) Taking equity positions.
(5) Providing venture capital in joint ventures with
United States industry.
(6) Providing risk capital through any other form of
transaction that the President considers appropriate
for supporting programs described in subsection (b)(5).
(e) Eligible Organization.--An organization is eligible for
designation as the Demilitarization Enterprise Fund if the
organization--
(1) is a private, nonprofit organization;
(2) is governed by a board of directors consisting of
private citizens of the United States; and
(3) provides assurances acceptable to the President
that it will use grants received under this section to
provide financial support in accordance with this
section.
(f) Operational Provisions.--The following provisions of
section 201 of the Support for East European Democracy (SEED)
Act of 1989 (Public Law 101-179; 22 U.S.C. 5421) shall apply
with respect to the Demilitarization Enterprise Fund in the
same manner as such provisions apply to Enterprise Funds
designated pursuant to subsection (d) of such section:
(1) Subsection (d)(5), relating to the private
character of Enterprise Funds.
(2) Subsection (h), relating to retention of interest
earned in interest bearing accounts.
(3) Subsection (i), relating to use of United States
private venture capital.
(4) Subsection (k), relating to support from
Executive agencies.
(5) Subsection (l), relating to limitation on
payments to Fund personnel.
(6) Subsections (m) and (n), relating to audits.
(7) Subsection (o), relating to record keeping
requirements.
(8) Subsection (p), relating to annual reports.
In addition, returns on investments of the Demilitarization
Enterprise Fund and other payments to the Fund may be
reinvested in projects of the Fund.
(g) Experience of Other Enterprise Funds.--To the maximum
extent practicable, the Board of Directors of the
Demilitarization Enterprise Fund should adopt for that Fund
practices and procedures that have been developed by Enterprise
Funds for which funding has been made available pursuant to
section 201 of the Support for East European Democracy (SEED)
Act of 1989 (Public Law 101-179; 22 U.S.C. 5421).
(h) Consultation Requirement.--In the implementation of
this section, the Secretary of State and the Administrator of
the Agency for International Development shall be consulted to
ensure that the Articles of Incorporation of the Fund
(including provisions specifying the responsibilities of the
Board of Directors of the Fund), the terms of United States
Government grant agreements with the Fund, and United States
Government oversight of the Fund are, to the maximum extent
practicable, consistent with the Articles of Incorporation of,
the terms of grant agreements with, and the oversight of the
Enterprise Funds established pursuant to section 201 of the
Support for East European Democracy (SEED) Act of 1989 (22
U.S.C. 5421) and comparable provisions of law.
(i) Initial Implementation.--The Board of Directors of the
Demilitarization Enterprise Fund shall publish the first annual
report of the Fund not later than January 31, 1995.
(j) Termination of Designation.--A designation of an
organization as the Demilitarization Enterprise Fund under
subsection (a) shall be temporary. When making the designation,
the President shall provide for the eventual termination of the
designation.
SEC. 1205.\6\ FUNDING FOR FISCAL YEAR 1994.
(a) Authorization of Appropriations.--Funds authorized to
be appropriated under section 301(21) shall be available for
cooperative threat reduction with states of the former Soviet
Union under this title.
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\6\ 22 U.S.C. 5954.
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(b) Limitations.--(1) Not more than $15,000,000 of the
funds referred to in subsection (a) may be made available for
programs authorized in subsection (b)(6) of section 1203.
(2) Not more than $20,000,000 of such funds may be made
available for programs authorized in subsection (b)(7) of
section 1203.
(3) Not more than $40,000,000 of such funds may be made
available for grants to the Demilitarization Enterprise Fund
designated pursuant to section 1204 and for related
administrative expenses.
(c) Authorization of Extension of Availability of Prior
Year Funds.--To the extent provided in appropriations Acts, the
authority to transfer funds of the Department of Defense
provided in section 9110(a) of the Department of Defense
Appropriations Act, 1993 (Public Law 102-396; 106 Stat. 1928),
and in section 108 of Public Law 102-229 (105 Stat. 1708) shall
continue to be in effect during fiscal year 1994.
SEC. 1206.\7\ PRIOR NOTICE TO CONGRESS OF OBLIGATION OF FUNDS.
(a) Notice of Proposed Obligation.--Not less than 15 days
before obligation of any funds for programs under section 1203,
the President shall transmit to the appropriate congressional
committees as defined in section 1208 a report on the proposed
obligation. Each such report shall specify--
---------------------------------------------------------------------------
\7\ 22 U.S.C. 5955.
---------------------------------------------------------------------------
(1) the activities and forms of assistance for which
the President plans to obligate such funds;
(2) the amount of the proposed obligation; and
(3) the projected involvement of the departments and
agencies of the United States Government and the
private sector of the United States.
(b) Reports on Demilitarization or Conversion Projects.--
Any report under subsection (a) that covers proposed
demilitarization or conversion projects under paragraph (5) or
(6) of section 1203(b) shall contain additional information to
assist the Congress in determining the merits of the proposed
projects. Such information shall include descriptions of--
(1) the facilities to be demilitarized;
(2) the types of activities conducted at those
facilities and of the types of nonmilitary activities
planned for those facilities;
(3) the forms of assistance to be provided by the
United States Government and by the private sector of
the United States;
(4) the extent to which military activities and
production capability will consequently be eliminated
at those facilities; and
(5) the mechanisms to be established for monitoring
progress on those projects.
SEC. 1207.\8\ * * * [REPEALED--2000]
SEC. 1208.\9\ APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this title, the term ``appropriate congressional
committees'' means--
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\8\ Formerly at 22 U.S.C. 5956. Required a semiannual report on
accounting for U.S. assistance. Sec. 1308(g)(1)(A) of Public Law 106-
398 (114 Stat. 1654A-343) repealed this section. Sec. 1308 of that Act
repealed several CTR reporting requirements and established a new,
consolidated, report on activities and assistance under CTR programs.
\9\ 22 U.S.C. 5957.
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(1) the Committee on Foreign Relations of the Senate,
the Committee on Foreign Affairs \10\ of the House of
Representatives, and the Committees on Appropriations
of the House and the Senate, wherever the account,
budget activity, or program is funded from
appropriations made under the international affairs
budget function (150);
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\10\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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(2) the Committees on Armed Services \11\ and the
Committees on Appropriations of the Senate and the
House of Representatives, wherever the account, budget
activity, or program is funded from appropriations made
under the national defense budget function (050); and
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\11\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Armed Services of the House of
Representatives shall be treated as referring to the Committee on
National Security of the House of Representatives.
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(3) the committee to which the specified activities
of section 1203, if the subject of separate
legislation, would be referred under the rules of the
respective House of Congress.
SEC. 1209.\12\ AUTHORIZATION FOR ADDITIONAL FISCAL YEAR 1993 ASSISTANCE
TO THE INDEPENDENT STATES OF THE FORMER SOVIET
UNION.
(a) Authorization of Appropriations.--There is hereby
authorized to be appropriated for fiscal year 1993 for
``Operation and Maintenance, Defense Agencies'' the additional
sum of $979,000,000, to be available for the purposes of
providing assistance to the independent states of the former
Soviet Union.
---------------------------------------------------------------------------
\12\ 22 U.S.C. 5958.
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(b) Authorization of Transfer of Funds.--The Secretary of
Defense may, to the extent provided in appropriations Acts,
transfer from the account ``Operation and Maintenance, Defense
Agencies'' for fiscal year 1993 a sum not to exceed the amount
appropriated pursuant to the authorization in subsection (a)
to--
(1) other accounts of the Department of Defense for
the purpose of providing assistance to the independent
states of the former Soviet Union; or
(2) appropriations available to the Department of
State and other agencies of the United States
Government for the purpose of providing assistance to
the independent states of the former Soviet Union for
programs that the President determines will increase
the national security of the United States.
(c) Administrative Provisions.--(1) Amounts transferred
under subsection (b) shall be available subject to the same
terms and conditions as the appropriations to which
transferred.
(2) The authority to make transfers pursuant to this
section is in addition to any other transfer authority of the
Department of Defense.
(d) Coordination of Programs.--The President shall
coordinate the programs described in subsection (b) with those
authorized in the other provisions of this title and in the
provisions of the Freedom for Russia and Emerging Eurasian
Democracies and Open Markets Support Act of 1992 (Public Law
102-511) so as to optimize the contribution such programs make
to the national interests of the United States.
s. Freedom for Russia and Emerging Eurasian Democracies and Open
Markets (FREEDOM) Support Act of 1992
Partial text of Public Law 102-511 [S. 2532], 106 Stat. 3320, approved
October 24, 1992; as amended by Public Law 105-277 [Omnibus
Consolidated and Emergency Supplemental Appropriations Act, 1999; H.R.
4328], 112 Stat. 2681, approved October 21, 1998
AN ACT To support freedom and open markets in the independent states of
the former Soviet Union, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ SHORT TITLES.
This Act may be cited as the ``Freedom for Russia and
Emerging Eurasian Democracies and Open Markets Support Act of
1992'' or the ``FREEDOM Support Act''.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 5801 note.
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* * * * * * *
TITLE V--NONPROLIFERATION AND DISARMAMENT PROGRAMS AND ACTIVITIES
SEC. 501.\2\ FINDINGS.
The Congress finds that it is in the national security
interest of the United States--
---------------------------------------------------------------------------
\2\ 22 U.S.C. 5851.
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(1) to facilitate, on a priority basis--
(A) the transportation, storage,
safeguarding, and destruction of nuclear and
other weapons of mass destruction of the
independent states of the former Soviet Union;
(B) the prevention of proliferation of
weapons of mass destruction and destabilizing
conventional weapons of the independent states,
and the establishment of verifiable safeguards
against the proliferation of such weapons;
(C) the prevention of diversion of weapons-
related scientific expertise of the former
Soviet Union to terrorist groups or third
countries; and
(D) other efforts designed to reduce the
military threat from the former Soviet Union;
(2) to support the conversion of the massive defense-
related industry and equipment of the independent
states of the former Soviet Union for civilian purposes
and uses; and
(3) to expand military-to-military contacts between
the United States and the independent states.
SEC. 502.\3\ ELIGIBILITY.
Funds may be obligated for a fiscal year for assistance or
other programs or activities for an independent state of the
former Soviet Union under sections 503 and 504 only if the
President has certified to the Congress,\4\ during that fiscal
year, that such independent state is committed to--
---------------------------------------------------------------------------
\3\ 22 U.S.C. 5852. Sec. 1310 of Public Law 106-65 (113 Stat. 795)
provided the following:
---------------------------------------------------------------------------
``sec. 1310. limitation on use of funds until submission of certification.
---------------------------------------------------------------------------
``No funds appropriated for fiscal year 1999 for Cooperative Threat
Reduction programs and remaining available for obligation or
expenditure may be obligated or expended for assistance for any country
under a Cooperative Threat Reduction Program until the President
resubmits to Congress an updated certification under section 1203(d) of
the Cooperative Threat Reduction Act of 1993 (title XII of Public Law
103-160; 22 U.S.C. 5952(d)), section 1412(d) of the Former Soviet Union
Demilitarization Act of 1992 (title XIV of Public Law 102-484; 22
U.S.C. 5902(d)), and section 502 of the Freedom for Russia and Emerging
Eurasian Democracies and Open Markets Support Act of 1992 (Public Law
102-511; 22 U.S.C. 5852).''.
In memoranda dated January 10, 2003 (68 F.R. 2419; January 17,
2003), November 7, 2003 (68 F.R. 65383; November 20, 2003), and
December 6, 2004 (69 F.R. 74933; December 14, 2004), for the Secretary
of State, the President certified under sec. 1306 of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003 (title XIII of
division A of Public Law 107-314; 116 Stat. 2458) that a waiver of the
requirements of sec. 1203(d) of the Cooperative Threat Reduction Act of
2003 (22 U.S.C. 5952(d)) and sec. 502 of this Act with regard to the
Russian Federation for fiscal years 2003, 2004, and 2005 was justified.
In memoranda dated December 30, 2003 (69 F.R. 2479; January 16, 2004),
and December 14, 2004 (70 F.R. 1; January 3, 2005), for the Secretary
of State, the President made the same certification with regard to the
Republic of Uzbekistan for fiscal years 2004 and 2005.
\4\ In a memorandum of December 30, 1992 (58 F.R. 3193; January 8,
1993), for the Secretaries of State and Defense, and the Director, OMB,
the President delegated authority established in sec. 502 of the
FREEDOM Support Act and in sec. 1412(d) of Public Law 102-484 to the
Secretary of State. The President further delegated authority in secs.
1412(a), 1431, and 1432 of Public Law 102-484, and in secs. 503 and 508
of the FREEDOM Support Act to the Secretary of Defense. That memorandum
further provided that: ``The Secretary of Defense shall not exercise
authority delegated * * * with respect to any former Soviet republic
unless the Secretary of State has exercised his authority and performed
the duty delegated * * * with respect to that former Soviet Republic.
The Secretary of Defense shall not obligated funds in the exercise of
authority delegated * * * unless the Director of the Office of
Management and Budget has determined that expenditures during fiscal
year 1993 pursuant to such obligation shall be counted against the
defense category of discretionary spending limits for that fiscal year
(as defined in section 601(a)(2) of the Congressional Budget Act of
1974) for purposes of Part C of the Balanced Budget and Emergency
Deficit Control Act of 1985.''.
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(1) making a substantial investment of its resources
for dismantling or destroying such weapons of mass
destruction, if that independent state has an
obligation under a treaty or other agreement to destroy
or dismantle any such weapons;
(2) forgoing any military modernization program that
exceeds legitimate defense requirements and forgoing
the replacement of destroyed weapons of mass
destruction;
(3) forgoing any use in new nuclear weapons of
fissionable or other components of destroyed nuclear
weapons; and
(4) facilitating United States verification of any
weapons destruction carried out under section 503(a) or
504(a) of this Act or section 212 of the Soviet Nuclear
Threat Reduction Act of 1991 (title II of Public Law
102-228; 22 U.S.C. 2551 note).
SEC. 503.\5\ NONPROLIFERATION AND DISARMAMENT ACTIVITIES IN THE
INDEPENDENT STATES.
(a) Authorization.--The President is authorized \4\ to
promote bilateral and multilateral nonproliferation and
disarmament activities--
---------------------------------------------------------------------------
\5\ 22 U.S.C. 5853.
---------------------------------------------------------------------------
(1) by supporting the dismantlement and destruction
of nuclear, biological, and chemical weapons, their
delivery systems, and conventional weapons of the
independent states of the former Soviet Union;
(2) by supporting bilateral and multilateral efforts
to halt the proliferation of nuclear, biological, and
chemical weapons, their delivery systems, related
technologies, and other weapons of the independent
states, including activities such as--
(A) the storage, transportation, and
safeguarding of such weapons, and
(B) the purchase, barter, or other
acquisition of such weapons or materials
derived from such weapons;
(3) by establishing programs for safeguarding against
the proliferation of nuclear, biological, chemical, and
other weapons of the independent states;
(4) by establishing programs for preventing diversion
of weapons-related scientific and technical expertise
of the independent states to terrorist groups or to
third countries;
(5) \6\ by establishing science and technology
centers in the independent states for the purpose of
engaging weapons scientists and engineers of the
independent states (in particular those who were
previously involved in the design and production of
nuclear, biological, and chemical weapons) in
productive, nonmilitary undertakings; and
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\6\ Sec. 1138 of the Arms Control and Nonproliferation Act of 1999
(title XI of division B of appendix G of Public Law 106-113; 113 Stat.
1501A-496) provided as follows:
``(a) Authorization.--For fiscal year 2001 and subsequent fiscal
years, funds made available under `Nonproliferation, Antiterrorism,
Demining, and Related Programs' accounts in annual foreign operations
appropriations Acts are authorized to be available for science and
technology centers in the independent states of the former Soviet Union
assisted under section 503(a)(5) of the FREEDOM Support Act (22 U.S.C.
5853(a)(5)) or section 1412(b)(5) of the Former Soviet Union
Demilitarization Act of 1992 (title XIV of Public Law 102-484; 22
U.S.C. 5901 et seq.), including the use of those and other funds by any
Federal agency having expertise and programs related to the activities
carried out by those centers, including the Departments of Agriculture,
Commerce, and Health and Human Services and the Environmental
Protection Agency.
``(b) Availability of Funds.--Amounts made available under any
provision of law for the activities described in subsection (a) shall
be available until expended and may be used notwithstanding any other
provision of law.''
Sec. 1139 of the Arms Control and Nonproliferation Act of 1999
further provided as follows:
``(a) In General.--Support for science and technology centers in
the independent states of the former Soviet Union, as authorized by
section 503(a)(5) of the FREEDOM Support Act (22 U.S.C. 5853(a)(5)) and
section 1412(b) of the Former Soviet Union Demilitarization Act of 1992
(title XIV of Public Law 102-484, 22 U.S.C. 5901 et seq.), is
authorized for activities described in subsection (b) to support the
redirection of former Soviet weapons scientists, especially those with
expertise in weapons of mass destruction (nuclear, radiological,
chemical, biological), missile and other delivery systems, and other
advanced technologies with military applications.
``(b) Activities Supported.--Activities supported under
subsection(a) include--
---------------------------------------------------------------------------
``(1) any research activity involving the participation of former Soviet
weapons scientists and civilian scientists and engineers, if the
participation of the weapons scientists predominates; and
``(2) any program of international exchanges that would provide former
Soviet weapons scientists exposure to, and the opportunity to develop
relations with, research and industry partners.''.
(6) by establishing programs for facilitating the
conversion of military technologies and capabilities
and defense industries of the former Soviet Union into
civilian activities.
(b) Funding Priorities.--Priority in carrying out this
section shall be given to the activities described in
paragraphs (1) through (5) of subsection (a).
(c) Use of Defense Funds.--
(1) Authorization.--In recognition of the direct
contributions to the national security interests of the
United States of the programs and activities authorized
by subsection (a), the President is authorized to make
available for use in carrying out those programs and
activities, in addition to amounts otherwise available
for such purposes, funds made available pursuant to
sections 108 and 109 of Public Law 102-229 or under the
amendments made by section 506(a) of this Act.
(2) Limitation.--Funds described in paragraph (1) may
not be obligated for programs and activities under
subsection (a) unless the Director of the Office of
Management and Budget has determined that expenditures
during fiscal year 1993 pursuant to such obligation
shall be counted against the defense category of the
discretionary spending limits for that fiscal year (as
defined in section 601(a)(2) of the Congressional
Budget Act of 1974) for purposes of part C of the
Balanced Budget and Emergency Deficit Control Act of
1985.
SEC. 504.\7\ NONPROLIFERATION AND DISARMAMENT FUND.
(a) Authorization.--The President is authorized to promote
bilateral and multilateral nonproliferation and disarmament
activities--
---------------------------------------------------------------------------
\7\ 22 U.S.C. 5854.
---------------------------------------------------------------------------
(1) by supporting the dismantlement and destruction
of nuclear, biological, and chemical weapons, their
delivery systems, and conventional weapons;
(2) by supporting bilateral and multilateral efforts
to halt the proliferation of nuclear, biological, and
chemical weapons, their delivery systems, related
technologies, and other weapons, including activities
such as--
(A) the storage, transportation, and
safeguarding of such weapons, and
(B) the purchase, barter, or other
acquisition of such weapons or materials
derived from such weapons;
(3) by establishing programs for safeguarding against
the proliferation of nuclear, biological, chemical, and
other weapons of the independent states of the former
Soviet Union;
(4) by establishing programs for preventing diversion
of weapons-related scientific and technical expertise
of the independent states to terrorist groups or to
third countries;
(5) by establishing science and technology centers in
the independent states for the purpose of engaging
weapons scientists and engineers of the independent
states (in particular those who were previously
involved in the design and production of nuclear,
biological, and chemical weapons) in productive,
nonmilitary undertakings; and
(6) by establishing programs for facilitating the
conversion of military technologies and capabilities
and defense industries of the former Soviet Union into
civilian activities.
(b) Funding Priorities.--Priority in carrying out this
section shall be given to the activities described in
paragraphs (1) through (5) of subsection (a).
(c) Use of Security Assistance Funds.--
(1) Authorization.--In recognition of the direct
contributions to the national security interests of the
United States of the programs and activities authorized
by subsection (a), the President is authorized to make
available for use in carrying out those programs and
activities, in addition to amounts otherwise available
for such purposes, up to $100,000,000 of security
assistance funds for fiscal year 1993.
(2) Definition.--As used in paragraph (1), the term
``security assistance funds'' means funds made
available for assistance under chapter 4 of part II of
the Foreign Assistance Act of 1961 (relating to the
Economic Support Fund) or assistance under section 23
of the Arms Export Control Act (relating to the
``Foreign Military Financing Program'').
(3) Exemption from certain restrictions.--Section
531(e) of the Foreign Assistance Act of 1961, and any
provision that corresponds to section 510 of the
Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1991 (relating to the
prohibition on financing exports of nuclear equipment,
fuel, and technology), shall not apply with respect to
funds used pursuant to this subsection.
SEC. 505.\8\ LIMITATIONS ON DEFENSE CONVERSION AUTHORITIES.
Notwithstanding any other provision of law (including any
other provision of this Act), funds may not be obligated in any
fiscal year for purposes of facilitating the conversion of
military technologies and capabilities and defense industries
of the former Soviet Union into civilian activities, as
authorized by sections 503(a)(6) and 504(a)(6) or any other
provision of law, unless the President has previously obligated
in the same fiscal year an amount equal to or greater than that
amount of funds for defense conversion and defense transition
activities in the United States. For purposes of this section,
the term ``defense conversion and defense transition activities
in the United States'' means those United States Government
funded programs whose primary purpose is to assist United
States private sector defense workers, United States companies
that manufacture or otherwise provide defense goods or
services, or United States communities adversely affected by
reductions in United States defense spending, such as programs
funded through the Office of Economic Adjustment in the
Department of Defense or through \9\ the Economic Development
Administration.
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\8\ 22 U.S.C. 5855.
\9\ Sec. 405(d)(20) of sec. 101(f) of Public Law 105-277 (112 Stat.
2681-422) struck out ``, through the Defense Conversion Adjustment
Program (as authorized by the Job Training Partnership Act), or
through'' and inserted in lieu thereof ``or through''.
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SEC. 506.\10\ SOVIET WEAPONS DESTRUCTION.
(a) \11\ Additional Funding.--
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\10\ 22 U.S.C. 5856.
\11\ Sec. 1421 of the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102-484; 106 Stat. 2565) made amendments
identical to those in subsecs. (a) and (b).
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(1) Authorization amount.--Section 221(a) of the
Soviet Nuclear Threat Reduction Act of 1991 (title II
of Public Law 102-228; 22 U.S.C. 2551 note) is amended
by striking out ``$400,000,000'' and inserting in lieu
thereof ``$800,000,000''.
(2) Authorization period.--Section 221(e) of such Act
is amended--
(A) by inserting ``for fiscal year 1992 or
fiscal year 1993'' after ``under part B'';
(B) by inserting ``for that fiscal year''
after ``for that program''; and
(C) by striking out ``for fiscal year 1992''
and inserting in lieu thereof ``for that fiscal
year''.
(b) \11\ Technical Revisions to Public Law 102-229.--Public
Law 102-229 is amended--
(1) in section 108 (105 Stat. 1708), by striking out
``contained in H.R. 3807, as passed the Senate on
November 25, 1991'' and inserting in lieu thereof
``(title II of Public Law 102-228)''; and
(2) in section 109 (105 Stat. 1708)--
(A) by striking out ``H.R. 3807, as passed
the Senate on November 25, 1991'' and inserting
in lieu thereof ``Public Law 102-228 (105 Stat.
1696)''; and
(B) by striking out ``of H.R. 3807''.
(c) Avoidance of Duplicative Amendments.--The amendments
made by this section shall not be effective if the National
Defense Authorization Act for Fiscal Year 1993 enacts an
amendment to section 221(a) of the Soviet Nuclear Threat
Reduction Act of 1991 that authorizes the transfer of an amount
that is the same or greater than the amount that is authorized
by the amendment made by subsection (a)(1) of this section and
enacts amendments identical to those in subsections (a)(2) and
(b) of this section.\11\ If that Act enacts such amendments,
sections 503 and 508 of this Act shall be deemed to apply with
respect to the funds made available under such amendments.
SEC. 507.\12\ WAIVER OF CERTAIN PROVISIONS.
(a) In General.--Funds made available for fiscal year 1993
under sections 503 and 504 to provide assistance or otherwise
carry out programs and activities with respect to the
independent states of the former Soviet Union under those
sections may be used notwithstanding any other provision of
law, other than the provisions cited in subsection (b).
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\12\ 22 U.S.C. 5857.
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(b) Exceptions.--Subsection (a) does not apply with respect
to--
(1) this title; and
(2) section 1341 of title 31, United States Code
(commonly referred to as the ``Anti-Deficiency Act''),
the Congressional Budget and Impoundment Control Act of
1974, the Balanced Budget and Emergency Deficit Control
Act of 1985, and the Budget Enforcement Act of
1990.\13\
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\13\ Public Law 97-258 (96 Stat. 877 at 923), Public Law 93-344 (88
Stat. 297), Public Law 99-177 (99 Stat. 1037), and title XIII of Public
Law 101-508 (104 Stat. 1388-573), respectively.
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SEC. 508.\14\ NOTICE AND REPORTS TO CONGRESS.
(a) Notice of Proposed Obligations.--Not less than 15 days
before obligating any funds under section 503 or 504 or the
amendments made by section 506(a), the President shall transmit
to the Speaker of the House of Representatives, the President
Pro Tempore of the Senate, and the appropriate congressional
committees a report on the proposed obligation.\4\ Each such
report shall specify--
---------------------------------------------------------------------------
\14\ 22 U.S.C. 5858.
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(1) the account, budget activity, and particular
program or programs from which the funds proposed to be
obligated are to be derived and the amount of the
proposed obligations; and
(2) the activities and forms of assistance for which
the President plans to obligate such funds.
(b) Semiannual Report.--Not later than April 30, 1993, and
not later than October 30, 1993, the President shall transmit
to the Speaker of the House of Representatives, the President
Pro Tempore of the Senate, and the appropriate congressional
committees a report on the activities carried out under
sections 503 and 504 and the amendments made by section 506(a).
Each such report shall set forth, for the preceding 6-month
period and cumulatively, the following:
(1) The amounts expended for such activities and the
purposes for which they were expended.
(2) The source of the funds obligated for such
activities, specified by program.
(3) A description of the participation of all United
States Government departments and agencies in such
activities.
(4) A description of the activities carried out and
the forms of assistance provided.
(5) Such other information as the President considers
appropriate to fully inform the Congress concerning the
operation of the programs and activities carried out
under sections 503 and 504 and the amendments made by
section 506(a).
(c) Appropriate Congressional Committees.--As used in this
section--
(1) the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Relations of the
Senate, the Committee on Foreign Affairs \15\
of the House of Representatives, and the
Committees on Appropriations of the House and
the Senate, wherever the account, budget
activity, or program is funded from
appropriations made under the international
affairs budget function (150);
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\15\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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(B) the Committees on Armed Services \16\ and
the Committees on Appropriations of the Senate
and the House of Representatives, wherever the
account, budget activity, or program is funded
from appropriations made under the national
defense budget function (050); and
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\16\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Armed Services of the House of
Representatives shall be treated as referring to the Committee on
National Security of the House of Representatives.
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(2) the committee to which the specified activities
of section 503(a) or 504(a) or subtitle B of the Soviet
Nuclear Threat Reduction Act of 1991 (as the case may
be), if the subject of separate legislation, would be
referred, under the rules of the respective House of
Congress.
SEC. 509.\17\ INTERNATIONAL NONPROLIFERATION INITIATIVE.
(a) Assistance for International Nonproliferation
Activities.--Subject to the limitations and requirements
provided in this section, during fiscal year 1993 the Secretary
of Defense, under the guidance of the President, may provide
assistance to support international nonproliferation
activities.
---------------------------------------------------------------------------
\17\ 22 U.S.C. 5859.
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(b) Activities For Which Assistance May Be Provided \18\.--
Activities for which assistance may be provided under this
section are activities such as the following:
---------------------------------------------------------------------------
\18\ Catchline transcribed with capitalization as enrolled.
---------------------------------------------------------------------------
(1) Activities carried out by the International
Atomic Energy Agency (IAEA) that are designed to ensure
more effective safeguards against nuclear proliferation
and more aggressive verification of compliance with the
Treaty on the Non-Proliferation of Nuclear Weapons,
done on July 1, 1968.
(2) Activities of the On-Site Inspection Agency in
support of the United Nations Special Commission on
Iraq.
(3) Collaborative international nuclear security and
nuclear safety projects to combat the threat of nuclear
theft, terrorism, or accidents, including joint
emergency response exercises, technical assistance, and
training.
(4) Efforts to improve international cooperative
monitoring of nuclear proliferation through joint
technical projects and improved intelligence sharing.
(c) Form of Assistance.--(1) Assistance under this section
may include funds and in-kind contributions of supplies,
equipment, personnel, training, and other forms of assistance.
(2) Assistance under this section may be provided to
international organizations in the form of funds only if the
amount in the ``Contributions to International Organizations''
account of the Department of State is insufficient or otherwise
unavailable to meet the United States fair share of assessments
for international nuclear nonproliferation activities.
(3) No amount may be obligated for an expenditure under
this section unless the Director of the Office of Management
and Budget determines that the expenditure will be counted
against the defense category of the discretionary spending
limits for fiscal year 1993 (as defined in section 601(a)(2) of
the Congressional Budget Act of 1974) for purposes of part C of
the Balanced Budget and Emergency Deficit Control Act of 1985.
(4) No assistance may be furnished under this section
unless the Secretary of Defense determines and certifies to the
Congress 30 days in advance that the provision of such
assistance--
(A) is in the national security interest of the
United States; and
(B) will not adversely affect the military
preparedness of the United States.
(5) The authority to provide assistance under this section
in the form of funds may be exercised only to the extent and in
the amounts provided in advance in appropriations Act.
(d) Sources of Assistance.--(1) Funds provided as
assistance under this section shall be derived from amounts
made available to the Department of Defense for fiscal year
1993 or from balances in working capital accounts of the
Department of Defense.
(2) Supplies and equipment provided as assistance under
this section may be provided, by loan or donation, from
existing stocks of the Department of Defense and the Department
of Energy.
(3) The total amount of the assistance provided in the form
of funds under this section may not exceed $40,000,000. Of such
amount, not more than $20,000,000 may be used for the
activities of the On-Site Inspection agency in support of the
United Nations Special Commission on Iraq.
(4) Not less than 30 days before obligating any funds to
provide assistance under this section, the Secretary of Defense
shall transmit to the committees of Congress named in
subsection (e)(2) a report on the proposed obligation. Each
such report shall specify--
(A) the account, budget activity, and particular
program or programs from which the funds proposed to be
obligated are to be derived and the amount of the
proposed obligation; and
(B) the activities and forms of assistance for which
the Secretary of Defense plans to obligate the funds.
(e) Quarterly Report.--(1) Not later than 30 days after the
end of each quarter of fiscal year 1993, the Secretary of
Defense shall transmit to the committees of Congress named in
paragraph (2) a report of the activities to reduce the
proliferation threat carried out under this section. Each
report shall set forth (for the preceding quarter and
cumulatively)--
(A) the amounts spent for such activities and the
purposes for which they were spent;
(B) a description of the participation of the
Department of Defense and the Department of Energy and
the participation of other Government agencies in those
activities; and
(C) a description of the activities for which the
funds were spent.
(2) The committees of Congress to which reports under
paragraph (1) and under subsection (d)(2) are to be transmitted
are--
(A) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations
of the Senate; and
(B) the Committee on Armed Services, the Committee on
Appropriations, the Committee on Foreign Affairs, and
the Committee on Energy and Commerce of the House of
Representatives.\19\
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\19\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Armed Services of the House of
Representatives shall be treated as referring to the Committee on
National Security of the House of Representatives. Sec. 1(a)(4) of that
Act provided that references to the Committee on Energy and Commerce
shall be treated as referring to the Committee on Commerce. Sec.
1(c)(1) of that Act (110 Stat. 187) further provided that any reference
to the House Committee on Energy and Commerce shall be treated as
referring to (1) the Committee on Agriculture in the case of a
provision relating to inspection of seafood or seafood products; (2)
the Committee on Banking and Financial Services in the case of a
provision relating to bank capital markets activities or depository
institution securities; or (3) the Committee on Transportation and
Infrastructure in the case of a provision relating to railroads and
railway labor issues. Finally, sec. 1(a)(5) of that Act (109 Stat. 186)
provided that references to the Committee on Foreign Affairs shall be
treated as referring to the Committee on International Relations.
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(f) Avoidance of Duplicative Authorizations.--This section
shall not apply if the National Defense Authorization Act for
Fiscal Year 1993 enacts the same authorities and requirements
as are contained in this section and authorizes the
appropriation of the same (or a greater) amount to carry out
such authorities.
SEC. 510.\20\ REPORT ON SPECIAL NUCLEAR MATERIALS.
Not later than 180 days after the date of enactment of this
Act, the Secretary of State shall prepare, in consultation with
the Secretary of Defense and the Secretary of Energy, and shall
transmit to the Congress a report on the possible alternatives
for the ultimate disposition of special nuclear materials of
the former Soviet Union. This report shall include--
---------------------------------------------------------------------------
\20\ 22 U.S.C. 5860.
---------------------------------------------------------------------------
(1) a cost-benefit analysis comparing (A) the
relative merits of the indefinite storage and
safeguarding of such materials in the independent
states of the former Soviet Union and (B) its
acquisition by the United States by purchase, barter,
or other means;
(2) a discussion of relevant issues such as the
protection of United States uranium producers from
dumping, the relative vulnerability of these stocks of
special nuclear materials to illegal proliferation, and
the potential electrical and other savings associated
with their being made available in the fuel cycle in
the United States; and
(3) a discussion of how highly enriched uranium
stocks could be diluted for reactor fuel.
SEC. 511.\21\ RESEARCH AND DEVELOPMENT FOUNDATION.
(a) Establishment.--The Director of the National Science
Foundation (hereinafter in this section referred to as the
``Director'') is authorized to establish an endowed,
nongovernmental, nonprofit foundation (hereinafter in this
section referred to as the ``Foundation'') in consultation with
the Director of the National Institute of Standards and
Technology.
---------------------------------------------------------------------------
\21\ 22 U.S.C. 5861.
---------------------------------------------------------------------------
(b) Purposes.--The purposes of the Foundation shall be the
following:
(1) To provide productive research and development
opportunities within the independent states of the
former Soviet Union that offer scientists and engineers
alternatives to emigration and help prevent the
dissolution of the technological infrastructure of the
independent states.
(2) To advance defense conversion by funding civilian
collaborative research and development projects between
scientists and engineers in the United States and in
the independent states of the former Soviet Union.
(3) To assist in the establishment of a market
economy in the independent states of the former Soviet
Union by promoting, identifying, and partially funding
joint research, development, and demonstration ventures
between United States businesses and scientists,
engineers, and entrepreneurs in those independent
states.
(4) To provide a mechanism for scientists, engineers,
and entrepreneurs in the independent states of the
former Soviet Union to develop an understanding of
commercial business practices by establishing linkages
to United States scientists, engineers, and businesses.
(5) To provide access for United States businesses to
sophisticated new technologies, talented researchers,
and potential new markets within the independent states
of the former Soviet Union.
(c) Functions.--In carrying out its purposes, the
Foundation shall--
(1) promote and support joint research and
development projects for peaceful purposes between
scientists and engineers in the United States and
independent states of the former Soviet Union on
subjects of mutual interest; and'
(2) seek to establish joint nondefense industrial
research, development, and demonstration activities
through private sector linkages which may involve
participation by scientists and engineers in the
university or academic sectors, and which shall include
some contribution from industrial participants.
(d) Funding.--
(1) Use of certain department of defense funds.--(A)
To the extent funds appropriated to carry out subtitle
E of title XIV of the National Defense Authorization
Act for Fiscal Year 1993 (relating to joint research
and development programs with the independent states of
the former Soviet Union) are otherwise available for
such purpose, such funds may be made available to the
Director for use by the Director in establishing the
endowment of the Foundation and otherwise carrying out
this section.
(B) For each fiscal year after fiscal year 1993, not
more than 50 percent of the funds made available to the
Foundation by the United States Government may be funds
appropriated in the national defense budget function
(function 050).
(2) Contribution to endowment by participating
independent states.--As a condition of participation in
the Foundation, an independent state of the former
Soviet Union must make a minimum contribution to the
endowment of the Foundation, as determined by the
Director, which shall reflect the ability of the
independent state to make a financial contribution and
its expected level of participation in the Foundation's
programs.
(3) Debt conversions.--To the extent provided in
advance by appropriations Acts, local currencies or
other assets resulting from government-to-government
debt conversions may be made available to the
Foundation. For purposes of this paragraph, the term
``debt conversion'' means an agreement whereby a
country's government-to-government or commercial
external debt burden is exchanged by the holder for
local currencies, policy commitments, other assets, or
other economic activities, or for an equity interest in
an enterprise theretofore owned by the debtor
government.
(4) Local currencies.--In addition to other uses
provided by law, and subject to agreement with the
foreign government, local currencies generated by
United States assistance programs may be made available
to the Foundation.
(5) Investment of government assistance.--The
Foundation may invest any revenue provided to it
through United States Government assistance, and any
interest earned on such investment may be used only for
the purpose for which the assistance was provided.
(6) Other funds from government and nongovernmental
sources.--The Foundation may accept such other funds as
may be provided to it by Government agencies or
nongovernmental entities.
* * * * * * *
t. Former Soviet Union Demilitarization Act of 1992
Partial text of Public Law 102-484 [National Defense Authorization Act
for Fiscal Year 1993; H.R. 5006], 106 Stat. 2315, approved October 23,
1992; as amended by Public Law 103-160 [National Defense Authorization
Act for Fiscal Year 1994; H.R. 2401], 107 Stat. 1547, approved November
30, 1993; and Public Law 103-337 [National Defense Authorization Act
for Fiscal Year 1995; S. 2182], 108 Stat. 2663, approved October 5,
1994
* * * * * * *
TITLE XIV--DEMILITARIZATION OF THE FORMER SOVIET UNION
Subtitle A--Short Title
SEC. 1401.\1\ SHORT TITLE.
This title may be cited as the ``Former Soviet Union
Demilitarization Act of 1992''.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 5901 note.
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Subtitle B--Findings and Program Authority
SEC. 1411.\2\ DEMILITARIZATION OF THE INDEPENDENT STATES OF THE FORMER
SOVIET UNION.
The Congress finds that it is in the national security
interest of the United States--
---------------------------------------------------------------------------
\2\ 22 U.S.C. 5901.
---------------------------------------------------------------------------
(1) to facilitate, on a priority basis--
(A) the transportation, storage,
safeguarding, and destruction of nuclear and
other weapons of the independent states of the
former Soviet Union, including the safe and
secure storage of fissile materials,
dismantlement of missiles and launchers, and
the elimination of chemical and biological
weapons capabilities;
(B) the prevention of proliferation of
weapons of mass destruction and their
components and destabilizing conventional
weapons of the independent states of the former
Soviet Union, and the establishment of
verifiable safeguards against the proliferation
of such weapons;
(C) the prevention of diversion of weapons-
related scientific expertise of the former
Soviet Union to terrorist groups or third
countries; and
(D) other efforts designed to reduce the
military threat from the former Soviet Union;
(2) to support the demilitarization of the massive
defense-related industry and equipment of the
independent states of the former Soviet Union and
conversion of such industry and equipment to civilian
purposes and uses; and
(3) to expand military-to-military contacts between
the United States and the independent states of the
former Soviet Union.
SEC. 1412.\3\ AUTHORITY FOR PROGRAMS TO FACILITATE DEMILITARIZATION.
(a) In General.--Notwithstanding any other provision of
law, the President is authorized,\4\ in accordance with this
title, to establish and conduct programs described in
subsection (b) to assist the demilitarization of the
independent states of the former Soviet Union.
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\3\ 22 U.S.C. 5902.
\4\ In a memorandum of December 30, 1992, for the Secretaries of
State and Defense and the Director of the Office of Management and
Budget, the President delegated authority established in sec. 502 of
the FREEDOM Support Act (Public Law 102-511; 106 Stat. 3338; 22 U.S.C.
5852) and in sec. 1412(d) of this Act to the Secretary of State. The
President further delegated authority in secs. 1412(a), 1431, and 1432
of this Act, and in secs. 503 and 508 of the FREEDOM Support Act to the
Secretary of Defense. The memorandum provided the following: ``The
Secretary of Defense shall not exercise authority delegated * * * with
respect to any former Soviet republic unless the Secretary of State has
exercised his authority and performed the duty delegated * * * with
respect to that former Soviet Republic. The Secretary of Defense shall
not obligate funds in the exercise of authority delegated * * * unless
the Director of the Office of Management and Budget has determined that
expenditures during fiscal year 1993 pursuant to such obligation shall
be counted against the defense category of discretionary spending
limits for that fiscal year (as defined in section 601(a)(2) of the
Congressional Budget Act of 1974) for purposes of Part C of the
Balanced Budget and Emergency Deficit Control Act of 1985.'' (58 F.R.
3193; January 8, 1993).
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(b) \5\ Types of Programs.--The programs referred to in
subsection (a) are limited to--
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\5\ Sec. 1138 of the Arms Control and Nonproliferation Act of 1999
(title XI of division B of appendix G of Public Law 106-113; 113 Stat.
1501A-496) provided as follows:
``(a) Authorization.--For fiscal year 2001 and subsequent fiscal
years, funds made available under `Nonproliferation, Antiterrorism,
Demining, and Related Programs' accounts in annual foreign operations
appropriations Acts are authorized to be available for science and
technology centers in the independent states of the former Soviet Union
assisted under section 503(a)(5) of the FREEDOM Support Act (22 U.S.C.
5853(a)(5)) or section 1412(b)(5) of the Former Soviet Union
Demilitarization Act of 1992 (title XIV of Public Law 102-484; 22
U.S.C. 5901 et seq.), including the use of those and other funds by any
Federal agency having expertise and programs related to the activities
carried out by those centers, including the Departments of Agriculture,
Commerce, and Health and Human Services and the Environmental
Protection Agency.
``(b) Availability of Funds.--Amounts made available under any
provision of law for the activities described in subsection (a) shall
be available until expended and may be used notwithstanding any other
provision of law.''.
Sec. 1139 of the Arms Control and Nonproliferation Act of 1999
further provided as follows:
``(a) In General.--Support for science and technology centers in
the independent states of the former Soviet Union, as authorized by
section 503(a)(5) of the FREEDOM Support Act (22 U.S.C. 5853(a)(5)) and
section 1412(b) of the Former Soviet Union Demilitarization Act of 1992
(title XIV of Public Law 102-484, 22 U.S.C. 5901 et seq.), is
authorized for activities described in subsection (b) to support the
redirection of former Soviet weapons scientists, especially those with
expertise in weapons of mass destruction (nuclear, radiological,
chemical, biological), missile and other delivery systems, and other
advanced technologies with military applications.
``(b) Activities Supported.--Activities supported under subsection
(a) include--
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``(1) any research activity involving the participation of former Soviet
weapons scientists and civilian scientists and engineers, if the
participation of the weapons scientists predominates; and
``(2) any program of international exchanges that would provide former
Soviet weapons scientists exposure to, and the opportunity to develop
relations with, research and industry partners.''.
(1) transporting, storing, safeguarding, and
destroying nuclear, chemical, and other weapons of the
independent states of the former Soviet Union, as
described in section 212(b) of the Soviet Nuclear
Threat Reduction Act of 1991 (title II of Public Law
102-228);
(2) establishing verifiable safeguards against the
proliferation of such weapons and their components;
(3) preventing diversion of weapons-related
scientific expertise of the former Soviet Union to
terrorist groups or third countries;
(4) facilitating the demilitarization of the defense
industries of the former Soviet Union and the
conversion of military technologies and capabilities
into civilian activities;
(5) \5\ establishing science and technology centers
in the independent states of the former Soviet Union
for the purpose of engaging weapons scientists,
engineers, and other experts previously involved with
nuclear, chemical, and other weapons in productive,
nonmilitary undertakings; and
(6) expanding military-to-military contacts between
the United States and the independent states of the
former Soviet Union.
(c) United States Participation.--The programs described in
subsection (b) should, to the extent feasible, draw upon United
States technology and expertise, especially from the United
States private sector.
(d) \6\ Restrictions.--United States assistance authorized
by subsection (a) may not be provided unless the President
certifies to the Congress, on an annual basis, that the
proposed recipient country is committed to--
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\6\ Sec. 1310 of Public Law 106-65 (113 Stat. 795) provided the
following:
---------------------------------------------------------------------------
``sec. 1310. limitation on use of funds until submission of certification.
---------------------------------------------------------------------------
``No funds appropriated for fiscal year 1999 for Cooperative Threat
Reduction programs and remaining available for obligation or
expenditure may be obligated or expended for assistance for any country
under a Cooperative Threat Reduction Program until the President
resubmits to Congress an updated certification under section 1203(d) of
the Cooperative Threat Reduction Act of 1993 (title XII of Public Law
103-160; 22 U.S.C. 5952(d)), section 1412(d) of the Former Soviet Union
Demilitarization Act of 1992 (title XIV of Public Law 102-484; 22
U.S.C. 5902(d)), and section 502 of the Freedom for Russia and Emerging
Eurasian Democracies and Open Markets Support Act of 1992 (Public Law
102-511; 22 U.S.C. 5852).''.
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(1) making a substantial investment of its resources
for dismantling or destroying such weapons of mass
destruction, if such recipient has an obligation under
a treaty or other agreement to destroy or dismantle any
such weapons;
(2) forgoing any military modernization program that
exceeds legitimate defense requirements and forgoing
the replacement of destroyed weapons of mass
destruction;
(3) forgoing any use in new nuclear weapons of
fissionable or other components of destroyed nuclear
weapons;
(4) facilitating United States verification of any
weapons destruction carried out under this title or
section 212 of the Soviet Nuclear Threat Reduction Act
of 1991 (title II of Public Law 102-228);
(5) complying with all relevant arms control
agreements; and
(6) observing internationally recognized human
rights, including the protection of minorities.
Subtitle C--Administrative and Funding Authorities
SEC. 1421.\7\ ADMINISTRATION OF DEMILITARIZATION PROGRAMS.
(a) Funding.--(1) In recognition of the direct
contributions to the national security interests of the United
States of the activities specified in section 1412, funds
transferred under sections 108 and 109 of Public Law 102-229
(105 Stat. 1708) are authorized to be made available to carry
out this title. Of the amount available to carry out this
title--
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\7\ 22 U.S.C. 5911. Sec. 9110 of the Department of Defense
Appropriations Act, 1993 (Public Law 102-396; 106 Stat. 1928),
provided:
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``(transfer of funds)
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``Sec. 9110. (a) The Secretary of Defense may transfer to
appropriate appropriation accounts for the Department of Defense, out
of funds appropriated to the Department of Defense for fiscal year
1993, up to $400,000,000 to be available for the purposes authorized in
the Former Soviet Union Demilitarization Act of 1992: Provided, That
amounts so transferred shall be in addition to amounts transferred
pursuant to the authority provided in section 108 of Public Law 102-229
(105 Stat. 1708).
``(b) Of the funds transferred pursuant to subsection (a):
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``(1) not less than $10,000,000 shall be available only for the study,
assessment, and identification of nuclear waste disposal by the former
Soviet Union in the Arctic region;
``(2) not less than $25,000,000 shall be available only for Project
PEACE;
``(3) not more than $50,000,000 may be made available for the
Multilateral Nuclear Safety Initiative announced in Lisbon, Portugal on May
23, 1992;
``(4) not more than $40,000,000 may be made available for
demilitarization of defense industries;
``(5) not more than $15,000,000 may be made available for military-to-
military contacts;
``(6) not more than $25,000,000 may be made available for joint research
and development programs; and
``(7) not more than $10,000,000 may be made available for the Volunteers
Investing in Peace and Security (VIPS) program.
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``(c) The Secretary of Defense may transfer from amounts
appropriated to the Department of Defense for fiscal year 1993 or from
balances in working capital funds not to exceed $15,000,000 to the
appropriate accounts within the Department of Defense for the purposes
authorized in section 109 of Public Law 102-229.
``(d) The authority provided in sections 108 and 109 of Public Law
102-229 (105 Stat. 1708) to transfer amounts appropriated for fiscal
year 1992 shall continue to be in effect during fiscal year 1993.
``(e) The Secretary of Defense may transfer to appropriate
appropriation accounts for the Department of Defense, out of funds
available to the Department of Defense for fiscal year 1993, up to
$40,000,000 to be available for international nonproliferation
activities authorized in the Weapons of Mass Destruction Control Act of
1992: Provided, That such transfer authority shall not be available for
payments either to the `Contributions to International Organizations'
account of the Department of State or to activities carried out by the
International Atomic Energy Agency which have traditionally been the
responsibilities of the Departments of State or Energy: Provided
further, That up to $20,000,000 of the transfer authority provided in
this section may be used for the activities of the On-Site Inspection
Agency in support of the United Nations Special Commission on Iraq.
``(f) The transfer authority provided in this section shall be in
addition to any other transfer authority contained in this Act.''.
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(A) not more than $40,000,000 may be made available
for programs referred to in section 1412(b)(4) relating
to demilitarization of defense industries;
(B) not more than $15,000,000 may be made available
for programs referred to in section 1412(b)(6) relating
to military-to-military contacts;
(C) not more than $25,000,000 may be made available
for joint research development programs pursuant to
section 1441;
(D) not more than $10,000,000 may be made available
for the study, assessment, and identification of
nuclear waste disposal activities by the former Soviet
Union in the Arctic region;
(E) not more than $25,000,000 may be made available
for Project PEACE; and
(F) not more than $10,000,000 may be made available
for the Volunteers Investing in Peace and Security
(VIPS) program under chapter 89 of title 10, United
States Code, as added by section 1322.
(2) Section 221(a) of the Soviet Nuclear Threat Reduction
Act of 1991 (title II of Public Law 102-228; 105 Stat. 1695) is
amended-- * * * \8\
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\8\ For text, see page 165 of this volume.
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(b) Technical Revisions to Public Law 102-229.--Public Law
102-229 is amended-- * * * \9\
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\9\ For text, see page 171 of this volume.
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* * * * * * *
u. Conventional Forces in Europe Treaty Implementation Act of 1991
Partial text of Public Law 102-228 [H.R. 3807], 105 Stat. 1691,
approved December 12, 1991; as amended by Public Law 102-484 [National
Defense Authorization Act for Fiscal Year 1993, H.R. 5006], 106 Stat.
2315, approved October 23, 1992; Public Law 102-511 [FREEDOM Support
Act, S. 2532], 106 Stat. 3320, approved October 24, 1992; Public Law
103-236 [Foreign Relations Authorization Act, Fiscal Years 1994 and
1995; H.R. 2333], 108 Stat. 382, approved April 30, 1994; Public Law
104-106 [National Defense Authorization Act for Fiscal Year 1996; S.
1124], 110 Stat. 186, approved February 10, 1996; Public Law 110-53
[Implementing Recommendations of the 9/11 Commission Act of 2007; H.R.
1], 121 Stat. 266, approved August 3, 2007; and Public Law 110-181
[National Defense Authorization Act for Fiscal Year 2008; H.R. 4986],
122 Stat. 3, approved January 28, 2008
AN ACT To amend the Arms Export Control Act to authorize the President
to transfer battle tanks, artillery pieces, and armored combat vehicles
to member countries of the North Atlantic Treaty Organization in
conjunction with implementation of the Treaty on Conventional Armed
Forces in Europe.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ SHORT TITLE.
This Act may be cited as the ``Conventional Forces in
Europe Treaty Implementation Act of 1991''.
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\1\ 22 U.S.C. 2751 note.
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SEC. 2.\2\ AUTHORITY TO TRANSFER CERTAIN CFE TREATY-LIMITED EQUIPMENT
TO NATO MEMBERS.
The Arms Export Control Act is amended by adding at the end
the following: * * *
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\2\ Sec. 2 added a new chapter 9 to the Arms Export Control Act (22
U.S.C. 2799). See Legislation on Foreign Relations Through 2008, vol.
I-A.
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TITLE II--SOVIET WEAPONS DESTRUCTION
Part A--Short Title
SEC. 201.\3\ SHORT TITLE.
This title may be cited as the ``Soviet Nuclear Threat
Reduction Act of 1991''.
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\3\ 22 U.S.C. 2551 note.
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Part B--Findings and Program Authority
SEC. 211. * * * [REPEALED 2007] \4\
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\4\ Sec. 1304(a)(1)(A) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 412) struck out
sec. 211 of this Act. For the full text of the former sec. 211 and
accompanying notes, see Legislation on Foreign Relations Through 2005,
vol. II-B, p. 148. Sec. 1811(1) of the Implementing Recommendations of
the 9/11 Commission Act of 2007 (Public Law 110-53; 121 Stat. 492) had
earlier repealed subsecs. (b) and (c) of sec. 211.
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SEC. 212.\3\,}\5\ AUTHORITY FOR PROGRAM TO FACILITATE SOVIET
WEAPONS DESTRUCTION.
(a) In General.--Notwithstanding any other provision of
law, the President \6\ may establish a program as authorized in
subsection (b) to assist Soviet weapons destruction. Funds for
carrying out this program shall be provided as specified in
part C.
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\5\ In a memorandum for the Secretary of State, the Secretary of
Defense and the Director of the Office of Management and Budget, the
President delegated ``to the Secretary of Defense the authorities and
duties vested in the President under sections 212, 221, 231, and 232 of
H.R. 3807 as passed the Senate on November 25, 1991, and referred to in
section 108 of the Act.''.
The memorandum further provided that the Secretary of Defense shall
not exercise such authority until the Secretary of State first
exercises the authority delegated to him in sec. 211(b). Furthermore,
any obligation of funds on the part of the Secretary of Defense shall
require a determination by the Director of OMB, in accordance with sec.
221(e) of H.R. 3807, as passed by the Senate on November 25, 1991, and
referred to in sec. 108 of Public Law 102-229.
Subsequent to these delegations, sec. 1421(b)(1) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106
Stat. 2565) amended sec. 108 of Public Law 102-229 to refer, instead,
to Public Law 102-228.
\6\ Sec. 1304(a)(1)(B) of Public Law 110-181 (122 Stat. 412) struck
out ``, consistent with the findings stated in section 211,'' at this
point.
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(b) Type of Program.--The program under this section shall
be limited to cooperation among the United States, the Soviet
Union, its republics, and any successor entities to (1) destroy
nuclear weapons, chemical weapons, and other weapons, (2)
transport, store, disable, and safeguard weapons in connection
with their destruction, and (3) establish verifiable safeguards
against the proliferation of such weapons. Such cooperation may
involve assistance in planning and in resolving technical
problems associated with weapons destruction and proliferation.
Such cooperation may also involve the funding of critical
short-term requirements related to weapons destruction and
should, to the extent feasible, draw upon United States
technology and United States technicians.
Part C--Administrative and Funding Authorities
SEC. 221.\3\,}\5\ ADMINISTRATION OF NUCLEAR THREAT REDUCTION
PROGRAMS.
(a) Funding.--
(1) Transfer authority.--The President may, to the
extent provided in an appropriations Act or joint
resolution, transfer to the appropriate defense
accounts from amounts appropriated to the Department of
Defense for fiscal years 1992 and 1993 \7\ for
operation and maintenance or from balances in working
capital accounts established under section 2208 of
title 10, United States Code, not to exceed
$800,000,000 \8\ for use in reducing the Soviet
military threat under part B.
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\7\ Sec. 1421(a)(2)(A) of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2565), struck out
``fiscal year 1992'' and inserted in lieu thereof ``fiscal years 1992
and 1993''.
\8\ Sec. 1421(a)(2)(B) of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2565), struck out
``$400,000,000'' and inserted in lieu thereof ``$800,000,000''. Sec.
506 of the FREEDOM Support Act (Public Law 102-511; 106 Stat. 3341)
made duplicate amendments. Sec. 506(c) of that Act, however, provided:
``(c) Avoidance of Duplicative Amendments.--The amendments made by
this section shall not be effective if the National Defense
Authorization Act for Fiscal Year 1993 enacts an amendment to section
221(a) of the Soviet Nuclear Threat Reduction Act of 1991 that
authorizes the transfer of an amount that is the same or greater than
the amount that is authorized by the amendment made by subsection
(a)(1) of this section and enacts amendments identical to those in
subsections (a)(2) and (b) of this section [subsec. (b) amended Public
Law 102-229]. If that Act enacts such amendments, sections 503 and 508
of this act shall be deemed to apply with respect to the funds made
available under such amendments.''.
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(2) Limitation.--Amounts for transfers under
paragraph (1) may not be derived from amounts
appropriated for any activity of the Department of
Defense that the Secretary of Defense determines
essential for the readiness of the Armed Forces,
including amounts for--
(A) training activities; and
(B) depot maintenance activities.
(b) Department of Defense.--The Department of Defense shall
serve as the executive agent for any program established under
part B.
(c) Reimbursement of Other Agencies.--The Secretary of
Defense may reimburse other United States Government
departments and agencies under this section for costs of
participation, as directed by the President,\9\ only in a
program established under part B.
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\9\ In a memorandum of May 10, 1996, for the Secretaries of State
and Defense, the President delegated this authority to the Secretary of
State (61 F.R. 26033; May 23, 1996).
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(d) Charges Against Funds.--The value of any material from
existing stocks and inventories of the Department of Defense,
or any other United States Government department or agency,
that is used in providing assistance under part B to reduce the
Soviet military threat may not be charged against funds
available pursuant to subsection (a) to the extent that the
material contributed is directed by the President to be
contributed without subsequent replacement.
(e) \5\ Determination by Director of OMB.--No amount may be
obligated for the program under part B for fiscal year 1992 or
fiscal year 1993 \8\, \10\ unless expenditures for
that program for that fiscal year \8\, \11\ have
been determined by the Director of the Office of Management and
Budget to be counted against the defense category of the
discretionary spending limits for that fiscal year
\8\, \12\ (as defined in section 601(a)(2) of the
Congressional Budget Act of 1974) for purposes of part C of the
Balanced Budget and Emergency Deficit Control Act of 1985.
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\10\ Sec. 1421(a)(3)(A) of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2565), inserted
``for fiscal year 1992 or fiscal year 1993'' after ``under part B''.
\11\ Sec. 1421(a)(3)(B) of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2565), inserted
``for that fiscal year'' after ``for that program''.
\12\ Sec. 1421(a)(3)(C) of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2565), struck out
``for fiscal year 1992'' and inserted in lieu thereof ``for that fiscal
year''.
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SEC. 222.\3\ REPAYMENT ARRANGEMENTS.
(a) Reimbursement Arrangements.--Assistance provided under
part B to the Soviet Union, any of its republics, or any
successor entity shall be conditioned, to the extent that the
President determines to be appropriate after consultation with
the recipient government, upon the agreement of the recipient
government to reimburse the United States Government for the
cost of such assistance from natural resources or other
materials available to the recipient government.
(b) Natural Resources, Etc.--The President shall encourage
the satisfaction of such reimbursement arrangements through the
provision of natural resources, such as oil and petroleum
products and critical and strategic materials, and industrial
goods. Materials received by the United States Government
pursuant to this section that are suitable for inclusion in the
Strategic Petroleum Reserve or the National Defense Stockpile
may be deposited in the reserve or stockpile without
reimbursement. Other material and services received may be sold
or traded on the domestic or international market with the
proceeds to be deposited in the General Fund of the Treasury.
SEC. 223.\3\ DIRE EMERGENCY SUPPLEMENTAL APPROPRIATIONS.
It is the sense of the Senate that the committee of
conference on House Joint Resolution 157 \13\ should consider
providing the necessary authority in the conference agreement
for the President to transfer funds pursuant to this title.
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\13\ See sec. 108 of H.J. Res. 157 (Public Law 102-229), page 172
of this volume.
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Part D--Reporting Requirements \14\
SEC. 231.\3\,}\5\ PRIOR NOTICE OF OBLIGATIONS TO CONGRESS.
Not less than 15 days before obligating any funds for a
program under part B, the President shall transmit to the
Congress a report on the proposed obligation. Each such report
shall specify--
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\14\ Under Condition 5(C) of the Senate resolution of advice and
consent to ratification of the Conventional Armed Forces in Europe
treaty (Treaty No. 102-8; November 25, 1991), the President must report
to Congress if a new state is formed in the geographical area covered
by the treaty. In sec. 2(a)(2) of Executive Order 13313 dated July 31,
2003 (68 F.R. 46075; August 5, 2003), the President delegated this
function to the Secretary of State.
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(1) the account, budget activity, and particular
program or programs from which the funds proposed to be
obligated are to be derived and the amount of the
proposed obligation; and
(2) the activities and forms of assistance under part
B for which the President plans to obligate such funds.
SEC. 232.\15\ * * * [REPEALED--1994]
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\15\ Sec. 139(17) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 398),
repealed sec. 232, which had required that the President report
quarterly on certain activities to reduce the Soviet military threat.
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TITLE III--EMERGENCY AIRLIFT AND OTHER SUPPORT
SEC. 301.\16\ AUTHORITY TO TRANSFER CERTAIN FUNDS TO PROVIDE EMERGENCY
AIRLIFT AND OTHER SUPPORT.
(a) Findings.--The Congress finds--
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\16\ In a memorandum dated January 21, 1992, for the Secretary of
Defense (57 F.R. 3111; January 28, 1992), the President, to meet
requirements on funds appropriated by sec. 109 of Public Law 102-229,
relating to the ``transport by military or commercial means, food,
medical supplies, and other types of humanitarian assistance to the
Soviet Union, or its Republics, or localities therein--with the consent
of the relevant Republic government or its independent successor--in
order to address emergency conditions which may arise therein, and for
the purposes set forth in section 301 of H.R. 3807 * * * '', designated
such funds ``as emergency requirements, pursuant to the terms of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended *
* * ''. The President further directed the Secretary of Defense to make
certain transfers, and delegated certain authorities and duties to the
Secretary as defined in sec. 301 of H.R. 3807 as passed by the Senate
on November 25, 1991.
Congress enacted H.R. 3807 as Public Law 102-228 (105 Stat. 1691)
on December 12, 1991. Sec. 1421(b) of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat.
2565) and sec. 506(b) of the FREEDOM Support Act (Public Law 102-511;
106 Stat. 3341) amended references in the corresponding appropriations
act, the Dire Emergency Supplemental Appropriations and Transfers for
Relief From the Effect of Natural Disasters, for Other Urgent Needs,
and for Incremental Cost of ``Operation Desert Shield/Desert Storm''
Act of 1992 (Public Law 102-229; 105 Stat. 1701), to H.R. 3807, as
passed by the Senate on November 25, 1991, to refer instead to the
enacted authorization in Public Law 102-228.
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(1) that political and economic conditions within the
Soviet Union and its republics are unstable and are
likely to remain so for the foreseeable future;
(2) that these conditions could lead to the return of
antidemocratic forces in the Soviet Union;
(3) that one of the most effective means of
preventing such a situation is likely to be the
immediate provision of humanitarian assistance; and
(4) that should this need arise, the United States
should have funds readily available to provide for the
transport of such assistance to the Soviet Union, its
republics, and any successor entities.
(b) Authority to Transfer Certain Funds.--
(1) In general.--Notwithstanding any other provision
of law, the Secretary of Defense, at the direction of
the President, may during fiscal year 1992, to the
extent provided in an appropriations Act or joint
resolution, transfer to the appropriate defense
accounts sufficient funds, not to exceed $100,000,000,
from funds described in paragraph (3) in order to
transport, by military or commercial means, food,
medical supplies, and other types of humanitarian
assistance to the Soviet Union, its republics, or any
successor entities--with the consent of the relevant
republic government or independent successor entity--in
order to address emergency conditions which may arise
in such republic or successor entity, as determined by
the President. As used in this subsection, the term
``humanitarian assistance'' does not include
construction equipment, including tractors, scrapers,
loaders, graders, bulldozers, dumptrucks, generators,
and compressors.
(2) Reports by the secretary of state.--The Secretary
of State shall promptly report to the President
regarding any emergency conditions which may require
such humanitarian assistance. The Secretary's report
shall include an estimate of the extent of need for
such assistance, discuss whether the consent of the
relevant republic government or independent successor
entity has been given for the delivery of such
assistance, describe steps other nations and
organizations are prepared to take in response to an
emergency, and discuss the foreign policy implications,
if any, of providing such assistance.
(3) Source of funds.--Any funds which are transferred
pursuant to this subsection shall be drawn from amounts
appropriated to the Department of Defense for fiscal
year 1992 or from balances in working capital accounts
established under section 2208 of title 10, United
States Code.
(4) Emergency requirements.--The Congress designates
all funds transferred pursuant to this section as
``emergency requirements'' for all purposes of the
Balanced Budget and Emergency Deficit Control Act of
1985. Notwithstanding any other provision of law, funds
shall be available for transfer pursuant to this
section only if, not later than the date of enactment
of the appropriations Act or joint resolution that
makes funds available for transfer pursuant to this
section, the President, in a single designation,
designates the entire amount of funds made available
for such transfer by that appropriations Act or joint
resolution to be ``emergency requirements'' for all
purposes of the Balanced Budget and Emergency Deficit
Control Act of 1985.
(c) Repayment Arrangements.--
(1) Reimbursement arrangements.--Assistance provided
under subsection (b) to the Soviet Union, any of its
republics, or any successor entity shall be
conditioned, to the extent that the President
determines to be appropriate after consultation with
the recipient government, upon the agreement of the
recipient government to reimburse the United States
Government for the cost of such assistance from natural
resources or other materials available to the recipient
government.
(2) Natural resources, etc.--The President shall
encourage the satisfaction of such reimbursement
arrangements through the provision of natural
resources, such as oil and petroleum products and
critical and strategic materials, and industrial goods.
Materials received by the United States Government
pursuant to this subsection that are suitable for
inclusion in the Strategic Petroleum Reserve or the
National Defense Stockpile may be deposited in the
reserve or stockpile without reimbursement. Other
material and services received may be sold or traded on
the domestic or international market with the proceeds
to be deposited in the General Fund of the Treasury.
(d) Dire Emergency Supplemental Appropriations.--It is the
sense of the Senate that the committee of conference on House
Joint Resolution 157 should consider providing the necessary
authority in the conference agreement for the Secretary of
Defense to transfer funds pursuant to this title.
SEC. 302. REPORTING REQUIREMENTS.
(a) Prior Notice.--Before any funds are transferred for the
purposes authorized in section 301(b), the President shall
notify the Committees on Armed Services \17\ and the Committees
on Appropriations of the Senate and the House of
Representatives of the account, budget activity, and particular
program or programs from which the transfer is planned to be
made and the amount of the transfer.
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\17\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Armed Services of the House of
Representatives shall be treated as referring to the Committee on
National Security of the House of Representatives.
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(b) Reports to the Congress.--Within ten days after
directing the Secretary of Defense to transfer funds pursuant
to section 301(b), the President shall provide a report to the
Committees on Armed Services \17\ of the Senate and House of
Representatives, the Committees on Appropriations of the Senate
and House of Representatives, and the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs
\18\ of the House of Representatives. This report shall at a
minimum, set forth--
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\18\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs shall be treated as
referring to the Committee on International Relations.
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(1) the amount of funds transferred under this title,
including the source of such funds;
(2) the conditions which prompted the use of this
authority;
(3) the form and number of lift assets planned to be
used to deliver assistance pursuant to this title;
(4) the types and purpose of the cargo planned to be
delivered pursuant to this title; and
(5) the locations, organizations, and political
institutions to which assistance is planned to be
delivered pursuant to this title.
TITLE IV--ARMS CONTROL AND DISARMAMENT ACT
SEC. 401.\19\ ARMS CONTROL AND DISARMAMENT AGENCY.
(a) Authorization of Appropriations.--Section 49(a) of the
Arms Control and Disarmament Act (22 U.S.C. 2589(a)) is
amended-- * * *
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\19\ Sec. 401(a) and (b) amended the Arms Control and Disarmament
Act at sec. 41 (22 U.S.C. 2581) and sec. 49 (22 U.S.C. 2589(a)).
Subsequently, sec. 1223(21) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-772) redesignated sec. 41 as sec. 401 (see page
17 of this volume), and sec. 1222 of that Act repealed sec. 49, which
pertained to specialists fluent in Russian or other languages of the
independent states of the former Soviet Union.Sec. 139(18) of the
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public
Law 103-236; 108 Stat. 398) repealed sec. 401(c), which had required
that the Inspector General of ACDA report to the President and to
Congress on ACDA's fulfillment of primary functions described in sec. 2
of the Arms Control and Disarmament Act.
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(b) Administrative Authorities Regarding Investigations.--
Section 41 of that Act (22 U.S.C. 2581) is amended-- * * *
(c) * * * [Repealed--1994]
SEC. 402.\20\ ON-SITE INSPECTION AGENCY. * * *
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\20\ Sec. 402(a) amended secs. 61 and 64 of the Arms Control and
Disarmament Act (22 U.S.C. 2595, 2595c). Sec. 402(b) redesignated sec.
64 of the Arms Control and Disarmament Act as sec. 65, and added a new
sec. 64 (22 U.S.C. 2595b-1).
v. Soviet Nuclear Threat Reduction--Appropriations, Fiscal Year 1992
Partial text of Public Law 102-229 [Dire Emergency Supplemental
Appropriations and Transfers for Relief From the Effects of Natural
Disasters, for Other Urgent Needs, and for Incremental Cost of
``Operation Desert Shield/Desert Storm'' Act of 1992; H.J. Res. 157],
105 Stat. 1701, approved December 12, 1991; as amended by Public Law
102-484 [National Defense Authorization Act for Fiscal Year 1993, H.R.
5006], 106 Stat. 2315, approved October 23, 1992; and Public Law 102-
511 [FREEDOM Support Act, S. 2532], 106 Stat. 3320, approved October
24, 1992
JOINT RESOLUTION Making dire emergency supplemental appropriations and
transfers for relief from the effects of natural disasters, for other
urgent needs, and for incremental costs of ``Operation Desert Shield/
Desert Storm'' for the fiscal year ending September 30, 1992, and for
other purposes.
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, to provide dire emergency
supplemental appropriations for the fiscal year ending
September 30, 1992, and for other purposes, namely:
* * * * * * *
TITLE I--EMERGENCY SUPPLEMENTAL APPROPRIATIONS
CHAPTER I
* * * * * * *
restriction on arms sales to saudi arabia and kuwait
Sec. 104. (a) No funds appropriated or otherwise made
available by this or any other Act may be used in any fiscal
year to conduct, support, or administer any sale of defense
articles or defense services to Saudi Arabia or Kuwait until
that country has paid in full, either in cash or in mutually
agreed in-kind contributions, the following commitments made to
the United States to support Operation Desert Shield/Desert
Storm:
(1) In the case of Saudi Arabia, $16,839,000,000.
(2) In the case of Kuwait, $16,006,000,000.
(b) For purposes of this section, the term ``any sale''
means any sale with respect to which the President is required
to submit a numbered certification to the Congress pursuant to
the Arms Export Control Act on or after the effective date of
this section.
(c) This section shall take effect 120 days after the date
of enactment of this joint resolution.
(d) Any military equipment of the United States, including
battle tanks, armored combat vehicles, and artillery, included
within the Conventional Forces in Europe Treaty definition of
``conventional armaments and equipment limited by the Treaty'',
which may be transferred to any other NATO country shall be
subject to the notification procedures stated in section 523 of
Public Law 101-513 and in section 634A of the Foreign
Assistance Act of 1961.
* * * * * * *
(transfer of funds)
Sec. 108.\1\ In addition to other transfer authority
available to the Department of Defense, the Secretary of
Defense may transfer from amounts appropriated to the
Department of Defense for fiscal year 1992 for operation and
maintenance or from balances in working capital accounts
established under section 2208 of title 10, United States Code,
not to exceed $400,000,000, to the appropriate accounts within
the Department of Defense for reducing the Soviet nuclear
threat and for the purposes set forth in the Soviet Nuclear
Threat Reduction Act of 1991 (title II of Public Law 102-
228),\2\, \3\ and under the terms and conditions of
such Act: \4\ Provided, That the readiness of the United States
Armed Forces shall not be diminished by such transfer of
funds.\5\
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\1\ Sec. 1205(c) of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1781), provided the
following:
``(c) Authorization of Extension of Availability of Prior Year
Funds.--To the extent provided in appropriations Acts, the authority to
transfer funds of the Department of Defense provided in section 9110(a)
of the Department of Defense Appropriations Act, 1993 (Public Law 102-
396; 106 Stat. 1928), and in section 108 of Public Law 102-229 (105
Stat. 1708) shall continue to be in effect during fiscal year 1994.''.
\2\ Sec. 1421(b)(1) of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2565), struck out
``contained in H.R. 3807, as passed the Senate on November 25, 1991'',
and inserted in lieu thereof ``(title II of Public Law 102-228)''.
\3\ Sec. 506 of the FREEDOM Support Act (Public Law 102-511; 106
Stat. 3341) made duplicate amendments. Sec. 506(c) of that Act,
however, provided:
``(c) Avoidance of Duplicative Amendments.--The amendments made by
this section shall not be effective if the National Defense
Authorization Act for Fiscal Year 1993 enacts an amendment to section
221(a) of the Soviet Nuclear Threat Reduction Act of 1991 that
authorizes the transfer of an amount that is the same or greater than
the amount that is authorized by the amendment made by subsection
(a)(1) of this section and enacts amendments identical to those in
subsections (a)(2) and (b) of this section [subsec. (b) amended Public
Law 102-229]. If that Act enacts such amendments, sections 503 and 508
of this act shall be deemed to apply with respect to the funds made
available under such amendments.''.
\4\ In a memorandum dated January 21, 1992 for the Secretary of
Defense (57 F.R. 3111; January 28, 1992), the President, to meet
requirements on funds appropriated by sec. 109 of Public Law 102-229,
relating to the ``transport by military or commercial means, food,
medical supplies, and other types of humanitarian assistance to the
Soviet Union, or its Republics, or localities therein--with the consent
of the relevant Republic government or its independent successor--in
order to address emergency conditions which may arise therein, and for
the purposes set forth in section 301 of H.R. 3807, as passed the
Senate on November 25, 1991, and under the terms and conditions of such
section 301 of H.R. 3807 * * * '', designated such funds ``as emergency
requirements, pursuant to the terms of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended * * * ''. The
President further directed the Secretary of Defense to make certain
transfers, and delegated certain authorities and duties to the
Secretary as defined by sec. 301 of H.R. 3807 as passed by the Senate
on November 25, 1991.
For the Soviet Nuclear Threat Reduction Act of 1991, as contained
in H.R. 3807, and passed by the Senate on November 25, 1991, see
Legislation on Foreign Relations Through 1991, vol. II, page 1042. For
the Soviet Nuclear Threat Reduction Act of 1991, as enacted into law
(Public Law 102-228; 105 Stat. 1693), see Legislation on Foreign
Relations Through 1991, vol. II, page 1028.
\5\ Sec. 9110(a) of the Department of Defense Appropriations Act,
1993 (Public Law 102-396; 106 Stat. 1928), authorized the Secretary of
Defense to transfer to appropriate appropriation accounts for the
Department of Defense, out of funds appropriated to the Department of
Defense for fiscal year 1993, up to $400,000,000 to be available for
the purposes authorized in the Former Soviet Union Demilitarization Act
of 1992, in addition to amounts transferred pursuant to the authority
provided in sec. 108 of Public Law 102-229 (105 Stat. 1708). Congress
earmarked the funds made available in sec. 9110(a) of Public Law 102-
396 for particular projects, see 106 Stat. 1928. Sec. 9110(c) of that
Act authorized the transfer of another $15,000,000 from the balances of
DOD working capital funds for the purposes authorized in sec. 109. Sec.
9110(e) of that Act authorized the transfer of another $40,000,000 for
international proliferation activities pursuant to the Weapons of Mass
Destruction Control Act of 1992 (title XV of Public Law 102-484).
Title II of the Department of Defense Appropriations Act, 1994
(Public Law 103-139; 107 Stat. 1426), provided $400,000,000 for former
Soviet Union threat reduction. Title II of the Department of Defense
Appropriations Act, 1995 (Public Law 103-335; 108 Stat. 2606), also
provided $400,000,000. Title I, chapter II, Department of Defense,
Operation and Maintenance, of Public Law 104-6 (109 Stat. 77), however,
rescinded $20,000,000 of that which was provided in Public Law 103-335.
Title II of the Department of Defense Appropriations Act, 1996 (Public
Law 104-61; 109 Stat. 642) provided $300,000,000. Title II of the
Department of Defense Appropriations Act, 1997 (as enacted by sec.
101(b) of title I of Public Law 104-208; 110 Stat. 3009-78), provided
$327,900,000. Title II of the Department of Defense Appropriations Act,
1998 (Public Law 105-56; 111 Stat. 1210) provided $382,200,000. Title
II of the Department of Defense Appropriations Act, 1999 (Public Law
105-262; 112 Stat. 2286) provided $440,400,000. Title II of the
Department of Defense Appropriations Act, 2000 (Public Law 106-79; 113
Stat. 1220) provided $460,500,000. Title II of the Department of
Defense Appropriations Act, 2001 (Public Law 106-259; 114 Stat. 663)
provided $443,400,000. Sec. 8054 of title VIII of division A of the
Department of Defense and Emergency Supplemental Appropriations for
Recovery from and Response to Terrorist Attacks on the United States
Act, 2002 (Public Law 107-117: 115 Stat. 2259), however, rescinded
$50,000,000 from Cooperative Threat Reduction appropriations for fiscal
years 2003-2005. Title II of the Department of Defense Appropriations
Act, 2003 (Public Law 107-248; 116 Stat. 1526) provided $416,700,000.
Title II of the Department of Defense Appropriations Act, 2004 (Public
Law 108-87; 117 Stat. 1061) provided $450,800,000. Title II of the
Department of Defense Appropriations Act, 2005 (Public Law 108-287; 118
Stat. 959) provided $409,200,000.
Most recently, title II of the Department of Defense, Emergency
Supplemental Appropriations to Address Hurricanes in the Gulf of
Mexico, and Pandemic Influenza Act, 2006 (Public Law 109-148; 119 Stat.
2687) provided the following:
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``Former Soviet Union Threat Reduction Account
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``For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure transportation and
storage of nuclear, chemical and other weapons; for establishing
programs to prevent the proliferation of weapons, weapons components,
and weapon-related technology and expertise; for programs relating to
the training and support of defense and military personnel for
demilitarization and protection of weapons, weapons components and
weapons technology and expertise, and for defense and military
contacts, $415,549,000, to remain available until September 30, 2008:
Provided, That of the amounts provided under this heading, $15,000,000
shall be available only to support the dismantling and disposal of
nuclear submarines, submarine reactor components, and security
enhancements for transport and storage of nuclear warheads in the
Russian Far East.''.
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(transfer of funds)
Sec. 109.\4\, \5\, \6\ In addition to
other transfer authority available to the Department of
Defense, the Secretary of Defense, upon the declaration of an
emergency by the President under the terms of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended,
may transfer from amounts appropriated to the Department of
Defense for fiscal year 1992 or from balances in working
capital accounts established under section 2208 of title 10,
United States Code, not to exceed $100,000,000, to the
appropriate accounts within the Department of Defense, in order
to transport by military or commercial means, food, medical
supplies, and other types of humanitarian assistance to the
Soviet Union, or its Republics, or localities therein--with the
consent of the relevant Republic government or its independent
successor--in order to address emergency conditions which may
arise therein, and for the purposes set forth in section 301 of
Public Law 102-228 (105 Stat. 1696),\3\, \7\ and
under the terms and conditions of such section 301:
\3\, \8\ Provided, That the readiness of the United
States Armed Forces shall not be diminished by such transfer of
funds: Provided further, That the Committees on Appropriations
be notified of transfers under this provision fifteen days in
advance.
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\6\ In a January 21, 1992, memorandum for the Secretary of Defense
(57 F.R. 3111; January 28, 1992), the President stated:
``1. I designate as emergency requirements, pursuant to the terms
of the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, the full amount for which section 109 provides.
``2. Effective upon satisfaction of applicable congressional
notification requirements, I direct the Secretary of Defense to
transfer funds under section 109 as it incorporates by reference
section 301(b) of H.R. 3807 as passed the Senate on November 25, 1991.
``3. The authorities and duties of the President under section 301
of H.R. 3807 as passed the Senate on November 25, 1991, and referred to
in section 109 (except the designation of emergency relating to funding
addressed in paragraph 1 and the direction addressed in paragraph 2)
are hereby delegated to the Secretary of Defense.''.
\7\ Sec. 1421(b)(2)(A) of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2565) struck out
``H.R. 3807, as passed the Senate on November 25, 1991'' and inserted
in lieu thereof ``Public Law 102-228 (105 Stat. 1696)''.
\8\ Sec. 1421(b)(2)(B) of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2565) struck out
``of H.R. 3807'' here.
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* * * * * * *
TITLE II--GENERAL PROVISIONS
* * * * * * *
Sec. 201. No part of any appropriation contained in this
joint resolution shall remain available for obligation beyond
the current fiscal year unless expressly so provided herein.
congressional designation of emergency
Sec. 202. Although the President has only designated
portions of the funds in this joint resolution pertaining to
the incremental costs of Desert Shield/Desert Storm and certain
Federal Emergency Management Agency costs as ``emergency
requirements'', the Congress believes that the same or higher
priority should be given to helping American people recover
from natural disasters and other emergency situations as has
been given to foreign aid ``emergency'' needs. The Congress
therefore designates all funds in Titles I and II of this joint
resolution as ``emergency requirements'' for all purposes of
the Balanced Budget and Emergency Deficit Control Act of 1985.
* * * * * * *
SEC. 204. SENSE OF THE SENATE REGARDING UNITED STATES RECOGNITION OF
UKRAINIAN INDEPENDENCE.
(a) Findings.--The Senate makes the following findings:
(1) On August 24, 1991, the democratically elected
Ukrainian parliament declared Ukrainian independence
and the creation of an independent, democratic state--
Ukraine.
(2) That declaration reflects the desire of the
people of Ukraine for freedom and independence
following long years of communist oppression,
collectivization, and centralization.
(3) On December 1, 1991, a republic-wide referendum
will be held in Ukraine to confirm the August 24, 1991,
declaration of independence.
(4) Ukraine is pursuing a peaceful and democratic
path to independence and has pledged to comply with the
Helsinki Final Act and other documents of the
Conference on Security and Cooperation in Europe.
(5) Ukraine and Russia signed an agreement on August
29, 1991, recognizing each other's rights to state
independence and affirming each other's territorial
integrity.
(6) Ukraine, a nation of 52,000,000 people, with its
own distinct linguistic, cultural, and religious
traditions, is determined to take its place among the
family of free and democratic nations of the world.
(7) The Congress has traditionally supported the
rights of people to peaceful and democratic self-
determination.
(8) As recognized in Article VIII of the Helsinki
Final Act of the Conference on Security and Cooperation
in Europe, ``all peoples always have the right, in full
freedom, to determine, when and as they wish, their
internal and external political status, without
external interference, and to pursue as they wish their
political, economic, social and cultural development''.
(b) Sense of the Senate.--It is the sense of the Senate
that the President--
(1) should recognize Ukraine's independence and
undertake steps toward the establishment of full
diplomatic relations with Ukraine should the December
1, 1991, referendum confirm Ukrainian parliament's
independence declaration; and
(2) should use United States assistance, trade, and
other programs to support the Government of Ukraine and
encourage the further development of democracy and a
free market in Ukraine.
* * * * * * *
This joint resolution may be cited as the ``Dire Emergency
Supplemental Appropriations and Transfers for Relief From the
Effects of Natural Disasters, for Other Urgent Needs, and for
Incremental Cost of `Operation Desert Shield/Desert Storm' Act
of 1992''.
4. Nonproliferation of Weapons of Mass Destruction \1\
a. Implementing Recommendations of the 9/11 Commission Concerning
Nonproliferation and Terrorism
Partial text of Public Law 110-53 [Title XVIII of the Implementing
Recommendations of the 9/11 Commission Act of 2007; H.R. 1], 121 Stat.
266, approved August 3, 2007
AN ACT To provide for the implementation of the recommendations of the
National Commission on Terrorist Attacks Upon the United States.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
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\1\ See also arms control provisions in annual National Defense
Authorization Acts, sec. 5 of this volume, beginning at page 528. See
also international terrorism provisions, this volume. See also in the
Arms Export Control Act (Legislation on Foreign Relations Through 2008,
vol. I-A): chapter 7--Control of Missiles and Missile Equipment
Technology, chapter 8--Chemical or Biological Weapons Proliferation,
and chapter 10--Nuclear Proliferation Controls. See also in the Export
Administration Act of 1979 (Legislation on Foreign Relations Through
2008, vol. III): sec. 5--National Security Controls, sec. 6--Foreign
Policy Controls, sec. 11A--Multilateral Export Control Violations, sec.
11B--Missile Proliferation Control Violations, sec. 11C--Chemical and
Biological Weapons Proliferation Sanctions.
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SECTION 1.\2\ SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Implementing Recommendations of the 9/11 Commission Act of
2007''.
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\2\ 6 U.S.C. 101 note.
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(b) * * *
* * * * * * *
TITLE XVIII--PREVENTING WEAPONS OF MASS DESTRUCTION PROLIFERATION AND
TERRORISM
Sec. 1801. Findings.
Sec. 1802. Definitions.
Subtitle A--Repeal and Modification of Limitations on Assistance for
Prevention of WMD Proliferation and Terrorism
Sec. 1811. Repeal and modification of limitations on assistance for
prevention of weapons of mass destruction proliferation and
terrorism.
Subtitle B--Proliferation Security Initiative
Sec. 1821. Proliferation Security Initiative improvements and
authorities.
Sec. 1822. Authority to provide assistance to cooperative countries.
Subtitle C--Assistance to Accelerate Programs to Prevent Weapons of Mass
Destruction Proliferation and Terrorism
Sec. 1831. Statement of policy.
Sec. 1832. Authorization of appropriations for the Department of Defense
Cooperative Threat Reduction Program.
Sec. 1833. Authorization of appropriations for the Department of Energy
programs to prevent weapons of mass destruction proliferation
and terrorism.
Subtitle D--Office of the United States Coordinator for the Prevention
of Weapons of Mass Destruction Proliferation and Terrorism
Sec. 1841. Office of the United States Coordinator for the Prevention of
Weapons of Mass Destruction Proliferation and Terrorism.
Sec. 1842. Sense of Congress on United States-Russia cooperation and
coordination on the prevention of weapons of mass destruction
proliferation and terrorism.
Subtitle E--Commission on the Prevention of Weapons of Mass Destruction
Proliferation and Terrorism
Sec. 1851. Establishment of Commission on the Prevention of Weapons of
Mass Destruction Proliferation and Terrorism.
Sec. 1852. Purposes of Commission.
Sec. 1853. Composition of Commission.
Sec. 1854. Responsibilities of Commission.
Sec. 1855. Powers of Commission.
Sec. 1856. Nonapplicability of Federal Advisory Committee Act.
Sec. 1857. Report.
Sec. 1858. Termination.
Sec. 1859. Funding.
* * * * * * *
TITLE XVIII--PREVENTING WEAPONS OF MASS DESTRUCTION PROLIFERATION AND
TERRORISM
SEC. 1801.\3\ FINDINGS.
The 9/11 Commission has made the following recommendations:
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\3\ 50 U.S.C. 2901.
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(1) Strengthen ``counter-proliferation'' efforts.--
The United States should work with the international
community to develop laws and an international legal
regime with universal jurisdiction to enable any state
in the world to capture, interdict, and prosecute
smugglers of nuclear material.
(2) Expand the proliferation security initiative.--In
carrying out the Proliferation Security Initiative, the
United States should--
(A) use intelligence and planning resources
of the North Atlantic Treaty Organization
(NATO) alliance;
(B) make participation open to non-NATO
countries; and
(C) encourage Russia and the People's
Republic of China to participate.
(3) Support the cooperative threat reduction
program.--The United States should expand, improve,
increase resources for, and otherwise fully support the
Cooperative Threat Reduction program.
SEC. 1802.\4\ DEFINITIONS.
In this title:
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\4\ 50 U.S.C. 2902.
---------------------------------------------------------------------------
(1) The terms ``prevention of weapons of mass
destruction proliferation and terrorism'' and
``prevention of WMD proliferation and terrorism''
include activities under--
(A) the programs specified in section 1501(b)
of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat.
2731; 50 U.S.C. 2362 note);
(B) the programs for which appropriations are
authorized by section 3101(a)(2) of the Bob
Stump National Defense Authorization Act for
Fiscal Year 2003 (Public Law 107-314; 116 Stat.
2729);
(C) programs authorized by section 504 of the
Freedom for Russia and Emerging Eurasian
Democracies and Open Markets Support Act of
1992 (the FREEDOM Support Act) (22 U.S.C. 5854)
and programs authorized by section 1412 of the
Former Soviet Union Demilitarization Act of
1992 (22 U.S.C. 5902); and
(D) a program of any agency of the Federal
Government having a purpose similar to that of
any of the programs identified in subparagraphs
(A) through (C), as designated by the United
States Coordinator for the Prevention of
Weapons of Mass Destruction Proliferation and
Terrorism and the head of the agency.
(2) The terms ``weapons of mass destruction'' and
``WMD'' mean chemical, biological, and nuclear weapons,
and chemical, biological, and nuclear materials used in
the manufacture of such weapons.
(3) The term ``items of proliferation concern''
means--
(A) equipment, materials, or technology
listed in--
(i) the Trigger List of the
Guidelines for Nuclear Transfers of the
Nuclear Suppliers Group;
(ii) the Annex of the Guidelines for
Transfers of Nuclear-Related Dual-Use
Equipment, Materials, Software, and
Related Technology of the Nuclear
Suppliers Group; or
(iii) any of the Common Control Lists
of the Australia Group; and
(B) any other sensitive items.
Subtitle A--Repeal and Modification of Limitations on Assistance for
Prevention of WMD Proliferation and Terrorism
SEC. 1811. REPEAL AND MODIFICATION OF LIMITATIONS ON ASSISTANCE FOR
PREVENTION OF WEAPONS OF MASS DESTRUCTION
PROLIFERATION AND TERRORISM.
Consistent with the recommendations of the 9/11 Commission,
Congress repeals or modifies the limitations on assistance for
prevention of weapons of mass destruction proliferation and
terrorism as follows: * * *
(1) Soviet nuclear threat reduction act of 1991.--
Subsections (b) and (c) of section 211 of the Soviet
Nuclear Threat Reduction Act of 1991 (title II of
Public Law 102-228; 22 U.S.C. 2551 note) are repealed.
(2) Cooperative threat reduction act of 1993.--
Section 1203(d) of the Cooperative Threat Reduction Act
of 1993 (title XII of Public Law 103-160; 22 U.S.C.
5952(d)) is repealed.
(3) Russian chemical weapons destruction
facilities.--Section 1305 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-
65; 22 U.S.C. 5952 note) is repealed.
(4) Authority to use cooperative threat reduction
funds outside the former soviet union--modification of
certification requirement; congressional notice
requirement.--Section 1308 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-
136; 22 U.S.C. 5963) is amended-- * * *
Subtitle B--Proliferation Security Initiative
SEC. 1821.\5\ PROLIFERATION SECURITY INITIATIVE IMPROVEMENTS AND
AUTHORITIES.
(a) Sense of Congress.--It is the sense of Congress,
consistent with the 9/11 Commission's recommendations, that the
President should strive to expand and strengthen the
Proliferation Security Initiative (in this subtitle referred to
as ``PSI'') announced by the President on May 31, 2003, with a
particular emphasis on the following:
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\5\ 50 U.S.C. 2911.
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(1) Issuing a presidential directive to the relevant
United States Government agencies and departments that
directs such agencies and departments to--
(A) establish clear PSI authorities,
responsibilities, and structures;
(B) include in the budget request for each
such agency or department for each fiscal year,
a request for funds necessary for United States
PSI-related activities; and
(C) provide other necessary resources to
achieve more efficient and effective
performance of United States PSI-related
activities.
(2) Increasing PSI cooperation with all countries.
(3) Implementing the recommendations of the
Government Accountability Office (GAO) in the September
2006 report titled ``Better Controls Needed to Plan and
Manage Proliferation Security Initiative Activities''
(GAO-06-937C) regarding the following:
(A) The Department of Defense and the
Department of State should establish clear PSI
roles and responsibilities, policies and
procedures, interagency communication
mechanisms, documentation requirements, and
indicators to measure program results.
(B) The Department of Defense and the
Department of State should develop a strategy
to work with PSI-participating countries to
resolve issues that are impediments to
conducting successful PSI interdictions.
(4) Establishing a multilateral mechanism to increase
coordination, cooperation, and compliance among PSI-
participating countries.
(b) \6\ Budget Submission.--
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\6\ In Delegation of Authority 314 dated June 30, 2008 (73 F.R.
39369; July 9, 2008), the Deputy Secretary of State delegated the
reporting function in this subsection to the Under Secretary of State
for Arms Control and International Security. The Deputy Secretary of
State is authorized to delegate such functions pursuant to Delegation
of Authority 245 dated April 23, 2001 (66 F.R. 22065; May 2, 2001), in
which the Secretary of State delegated all of his authorities to the
Deputy Secretary of State. The Secretary of State's authority for such
delegation is located in sec. 1(a)(4) of the State Department Basic
Authorities Act of 1956, as amended (Public Law 84-885; 22 U.S.C.
2651a(a)(4)). See Legislation on Foreign Relations Through 2008, vol.
II-A, p. xx.
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(1) In general.--Each fiscal year in which activities
are planned to be carried out under the PSI, the
President shall include in the budget request for each
participating United States Government agency or
department for that fiscal year, a description of the
funding and the activities for which the funding is
requested for each such agency or department.
(2) Report.--Not later than the first Monday in
February of each year in which the President submits a
budget request described in paragraph (1), the
Secretary of Defense and the Secretary of State shall
submit to Congress a comprehensive joint report setting
forth the following:
(A) A 3-year plan, beginning with the fiscal
year for the budget request, that specifies the
amount of funding and other resources to be
provided by the United States for PSI-related
activities over the term of the plan, including
the purposes for which such funding and
resources will be used.
(B) For the report submitted in 2008, a
description of the PSI-related activities
carried out during the 3 fiscal years preceding
the year of the report, and for the report
submitted in 2009 and each year thereafter, a
description of the PSI-related activities
carried out during the fiscal year preceding
the year of the report. The description shall
include, for each fiscal year covered by the
report--
(i) the amounts obligated and
expended for such activities and the
purposes for which such amounts were
obligated and expended;
(ii) a description of the
participation of each department or
agency of the United States Government
in such activities;
(iii) a description of the
participation of each foreign country
or entity in such activities;
(iv) a description of any assistance
provided to a foreign country or entity
participating in such activities in
order to secure such participation, in
response to such participation, or in
order to improve the quality of such
participation; and
(v) such other information as the
Secretary of Defense and the Secretary
of State determine should be included
to keep Congress fully informed of the
operation and activities of the PSI.
(3) Classification.--The report required by paragraph
(2) shall be in an unclassified form but may include a
classified annex as necessary.
(c) Implementation Report.--Not later than 180 days after
the date of the enactment of this Act, the President shall
transmit to the Committee on Armed Services and the Committee
on Foreign Affairs of the House of Representatives and the
Committee on Armed Services and the Committee on Foreign
Relations of the Senate a report on the implementation of this
section. The report shall include--
(1) the steps taken to implement the recommendations
described in paragraph (3) of subsection (a); and
(2) the progress made toward implementing the matters
described in paragraphs (1), (2), and (4) of subsection
(a).
(d) GAO Reports.--The Government Accountability Office
shall submit to Congress, for each of fiscal years 2007, 2009,
and 2011, a report with its assessment of the progress and
effectiveness of the PSI, which shall include an assessment of
the measures referred to in subsection (a).
SEC. 1822.\7\ AUTHORITY TO PROVIDE ASSISTANCE TO COOPERATIVE COUNTRIES.
(a) In General.--The President is authorized to provide
assistance under subsection (b) to any country that cooperates
with the United States and with other countries allied with the
United States to prevent the transport and transshipment of
items of proliferation concern in its national territory or
airspace or in vessels under its control or registry.
---------------------------------------------------------------------------
\7\ 50 U.S.C. 2912.
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(b) Types of Assistance.--The assistance authorized under
subsection (a) consists of the following:
(1) Assistance under section 23 of the Arms Export
Control Act (22 U.S.C. 2763).
(2) Assistance under chapters 4 (22 U.S.C. 2346 et
seq.) and 5 (22 U.S.C. 2347 et seq.) of part II of the
Foreign Assistance Act of 1961.
(3) Drawdown of defense excess defense articles and
services under section 516 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321j).
(c) Congressional Notification.--Assistance authorized
under this section may not be provided until at least 30 days
after the date on which the President has provided notice
thereof to the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives and the Committee on Armed Services,
the Committee on Foreign Relations, and the Committee on
Appropriations of the Senate, in accordance with the procedures
applicable to reprogramming notifications under section 634A(a)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1(a)),
and has certified to such committees that such assistance will
be used in accordance with the requirement of subsection (e) of
this section.
(d) Limitation.--Assistance may be provided to a country
under subsection (a) in no more than 3 fiscal years.
(e) Use of Assistance.--Assistance provided under this
section shall be used to enhance the capability of the
recipient country to prevent the transport and transshipment of
items of proliferation concern in its national territory or
airspace, or in vessels under its control or registry,
including through the development of a legal framework in that
country to enhance such capability by criminalizing
proliferation, enacting strict export controls, and securing
sensitive materials within its borders, and to enhance the
ability of the recipient country to cooperate in PSI
operations.
(f) Limitation on Ship or Aircraft Transfers.--
(1) Limitation.--Except as provided in paragraph (2),
the President may not transfer any excess defense
article that is a vessel or an aircraft to a country
that has not agreed, in connection with such transfer,
that it will support and assist efforts by the United
States, consistent with international law, to interdict
items of proliferation concern until 30 days after the
date on which the President has provided notice of the
proposed transfer to the committees described in
subsection (c) in accordance with the procedures
applicable to reprogramming notifications under section
634A(a) of the Foreign Assistance Act of 1961 (22
U.S.C. 2394-1(a)), in addition to any other requirement
of law.
(2) Exception.--The limitation in paragraph (1) shall
not apply to any transfer, not involving significant
military equipment, in which the primary use of the
aircraft or vessel will be for counternarcotics,
counterterrorism, or counterproliferation purposes.
Subtitle C--Assistance to Accelerate Programs to Prevent Weapons of
Mass Destruction Proliferation and Terrorism
SEC. 1831.\8\ STATEMENT OF POLICY.
It shall be the policy of the United States, consistent
with the 9/11 Commission's recommendations, to eliminate any
obstacles to timely obligating and executing the full amount of
any appropriated funds for threat reduction and
nonproliferation programs in order to accelerate and strengthen
progress on preventing weapons of mass destruction (WMD)
proliferation and terrorism. Such policy shall be implemented
with concrete measures, such as those described in this title,
including the removal and modification of statutory limits to
executing funds, the expansion and strengthening of the
Proliferation Security Initiative, the establishment of the
Office of the United States Coordinator for the Prevention of
Weapons of Mass Destruction Proliferation and Terrorism under
subtitle D, and the establishment of the Commission on the
Prevention of Weapons of Mass Destruction Proliferation and
Terrorism under subtitle E. As a result, Congress intends that
any funds authorized to be appropriated to programs for
preventing WMD proliferation and terrorism under this subtitle
will be executed in a timely manner.
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\8\ 50 U.S.C. 2921.
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SEC. 1832.\9\ AUTHORIZATION OF APPROPRIATIONS FOR THE DEPARTMENT OF
DEFENSE COOPERATIVE THREAT REDUCTION PROGRAM.
(a) Fiscal Year 2008.--
---------------------------------------------------------------------------
\9\ 50 U.S.C. 2922.
---------------------------------------------------------------------------
(1) In general.--Subject to paragraph (2), there are
authorized to be appropriated to the Department of
Defense Cooperative Threat Reduction Program such sums
as may be necessary for fiscal year 2008 for the
following purposes:
(A) Chemical weapons destruction at
Shchuch'ye, Russia.
(B) Biological weapons proliferation
prevention.
(C) Acceleration, expansion, and
strengthening of Cooperative Threat Reduction
Program activities.
(2) Limitation.--The sums appropriated pursuant to
paragraph (1) may not exceed the amounts authorized to
be appropriated by any national defense authorization
Act for fiscal year 2008 (whether enacted before or
after the date of the enactment of this Act) to the
Department of Defense Cooperative Threat Reduction
Program for such purposes.
(b) Future Years.--It is the sense of Congress that in
fiscal year 2008 and future fiscal years, the President should
accelerate and expand funding for Cooperative Threat Reduction
programs administered by the Department of Defense and such
efforts should include, beginning upon enactment of this Act,
encouraging additional commitments by the Russian Federation
and other partner nations, as recommended by the 9/11
Commission.
SEC. 1833.\10\ AUTHORIZATION OF APPROPRIATIONS FOR THE DEPARTMENT OF
ENERGY PROGRAMS TO PREVENT WEAPONS OF MASS
DESTRUCTION PROLIFERATION AND TERRORISM.
(a) In General.--Subject to subsection (b), there are
authorized to be appropriated to Department of Energy National
Nuclear Security Administration Defense Nuclear
Nonproliferation such sums as may be necessary for fiscal year
2008 to accelerate, expand, and strengthen the following
programs to prevent weapons of mass destruction (WMD)
proliferation and terrorism:
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\10\ 50 U.S.C. 2923.
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(1) The Global Threat Reduction Initiative.
(2) The Nonproliferation and International Security
program.
(3) The International Materials Protection, Control
and Accounting program.
(4) The Nonproliferation and Verification Research
and Development program.
(b) Limitation.--The sums appropriated pursuant to
subsection (a) may not exceed the amounts authorized to be
appropriated by any national defense authorization Act for
fiscal year 2008 (whether enacted before or after the date of
the enactment of this Act) to Department of Energy National
Nuclear Security Administration Defense Nuclear
Nonproliferation for such purposes.
Subtitle D--Office of the United States Coordinator for the Prevention
of Weapons of Mass Destruction Proliferation and Terrorism
SEC. 1841.\11\ OFFICE OF THE UNITED STATES COORDINATOR FOR THE
PREVENTION OF WEAPONS OF MASS DESTRUCTION
PROLIFERATION AND TERRORISM.
(a) Establishment.--There is established within the
Executive Office of the President an office to be known as the
``Office of the United States Coordinator for the Prevention of
Weapons of Mass Destruction Proliferation and Terrorism'' (in
this section referred to as the ``Office'').
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\11\ 50 U.S.C. 2931.
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(b) Officers.--
(1) United states coordinator.--The head of the
Office shall be the United States Coordinator for the
Prevention of Weapons of Mass Destruction Proliferation
and Terrorism (in this section referred to as the
``Coordinator'').
(2) Deputy united states coordinator.--There shall be
a Deputy United States Coordinator for the Prevention
of Weapons of Mass Destruction Proliferation and
Terrorism (in this section referred to as the ``Deputy
Coordinator''), who shall--
(A) assist the Coordinator in carrying out
the responsibilities of the Coordinator under
this subtitle; and
(B) serve as Acting Coordinator in the
absence of the Coordinator and during any
vacancy in the office of Coordinator.
(3) Appointment.--The Coordinator and Deputy
Coordinator shall be appointed by the President, by and
with the advice and consent of the Senate, and shall be
responsible on a full-time basis for the duties and
responsibilities described in this section.
(4) Limitation.--No person shall serve as Coordinator
or Deputy Coordinator while serving in any other
position in the Federal Government.
(5) Access by congress.--The establishment of the
Office of the Coordinator within the Executive Office
of the President shall not be construed as affecting
access by the Congress or committees of either House
to--
(A) information, documents, and studies in
the possession of, or conducted by or at the
direction of, the Coordinator; or
(B) personnel of the Office of the
Coordinator.
(c) Duties.--The responsibilities of the Coordinator shall
include the following:
(1) Serving as the principal advisor to the President
on all matters relating to the prevention of weapons of
mass destruction (WMD) proliferation and terrorism.
(2) Formulating a comprehensive and well-coordinated
United States strategy and policies for preventing WMD
proliferation and terrorism, including--
(A) measurable milestones and targets to
which departments and agencies can be held
accountable;
(B) identification of gaps, duplication, and
other inefficiencies in existing activities,
initiatives, and programs and the steps
necessary to overcome these obstacles;
(C) plans for preserving the nuclear security
investment the United States has made in
Russia, the former Soviet Union, and other
countries;
(D) prioritized plans to accelerate,
strengthen, and expand the scope of existing
initiatives and programs, which include
identification of vulnerable sites and material
and the corresponding actions necessary to
eliminate such vulnerabilities;
(E) new and innovative initiatives and
programs to address emerging challenges and
strengthen United States capabilities,
including programs to attract and retain top
scientists and engineers and strengthen the
capabilities of United States national
laboratories;
(F) plans to coordinate United States
activities, initiatives, and programs relating
to the prevention of WMD proliferation and
terrorism, including those of the Department of
Energy, the Department of Defense, the
Department of State, and the Department of
Homeland Security, and including the
Proliferation Security Initiative, the G-8
Global Partnership Against the Spread of
Weapons and Materials of Mass Destruction,
United Nations Security Council Resolution
1540, and the Global Initiative to Combat
Nuclear Terrorism;
(G) plans to strengthen United States
commitments to international regimes and
significantly improve cooperation with other
countries relating to the prevention of WMD
proliferation and terrorism, with particular
emphasis on work with the international
community to develop laws and an international
legal regime with universal jurisdiction to
enable any state in the world to interdict and
prosecute smugglers of WMD material, as
recommended by the 9/11 Commission; and
(H) identification of actions necessary to
implement the recommendations of the Commission
on the Prevention of Weapons of Mass
Destruction Proliferation and Terrorism
established under subtitle E of this title.
(3) Leading inter-agency coordination of United
States efforts to implement the strategy and policies
described in this section.
(4) Conducting oversight and evaluation of
accelerated and strengthened implementation of
initiatives and programs to prevent WMD proliferation
and terrorism by relevant government departments and
agencies.
(5) Overseeing the development of a comprehensive and
coordinated budget for programs and initiatives to
prevent WMD proliferation and terrorism, ensuring that
such budget adequately reflects the priority of the
challenges and is effectively executed, and carrying
out other appropriate budgetary authorities.
(d) Staff.--The Coordinator may--
(1) appoint, employ, fix compensation, and terminate
such personnel as may be necessary to enable the
Coordinator to perform his or her duties under this
title;
(2) direct, with the concurrence of the Secretary of
a department or head of an agency, the temporary
reassignment within the Federal Government of personnel
employed by such department or agency, in order to
implement United States policy with regard to the
prevention of WMD proliferation and terrorism;
(3) use for administrative purposes, on a
reimbursable basis, the available services, equipment,
personnel, and facilities of Federal, State, and local
agencies;
(4) procure the services of experts and consultants
in accordance with section 3109 of title 5, United
States Code, relating to appointments in the Federal
Service, at rates of compensation for individuals not
to exceed the daily equivalentof the rate of pay
payable for a position at level IV of the Executive
Schedule under section 5315 of title 5, United States
Code; and
(5) use the mails in the same manner as any other
department or agency of the executive branch.
(e) Consultation With Commission.--The Office and the
Coordinator shall regularly consult with and strive to
implement the recommendations of the Commission on the
Prevention of Weapons of Mass Destruction Proliferation and
Terrorism, established under subtitle E of this title.
(f) Annual Report on Strategic Plan.--For fiscal year 2009
and each fiscal year thereafter, the Coordinator shall submit
to Congress, at the same time as the submission of the budget
for that fiscal year under title 31, United States Code, a
report on the strategy and policies developed pursuant to
subsection (c)(2), together with any recommendations of the
Coordinator for legislative changes that the Coordinator
considers appropriate with respect to such strategy and
policies and their implementation or the Office of the
Coordinator.
(g) Participation in National Security Council and Homeland
Security Council.--Section 101 of the National Security Act of
1947 (50 U.S.C. 402) is amended-- * * *
SEC. 1842.\12\ SENSE OF CONGRESS ON UNITED STATES-RUSSIA COOPERATION
AND COORDINATION ON THE PREVENTION OF WEAPONS OF
MASS DESTRUCTION PROLIFERATION AND TERRORISM.
It is the sense of the Congress that, as soon as practical,
the President should engage the President of the Russian
Federation in a discussion of the purposes and goals for the
establishment of the Office of the United States Coordinator
for the Prevention of Weapons of Mass Destruction Proliferation
and Terrorism (in this section referred to as the ``Office''),
the authorities and responsibilities of the United States
Coordinator for the Prevention of Weapons of Mass Destruction
Proliferation and Terrorism (in this section referred to as the
``United States Coordinator''), and the importance of strong
cooperation between the United States Coordinator and a senior
official of the Russian Federation having authorities and
responsibilities for preventing weapons of mass destruction
proliferation and terrorism commensurate with those of the
United States Coordinator, and with whom the United States
Coordinator should coordinate planning and implementation of
activities within and outside of the Russian Federation having
the purpose of preventing weapons of mass destruction
proliferation and terrorism.
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\12\ 50 U.S.C. 2932.
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Subtitle E--Commission on the Prevention of Weapons of Mass Destruction
Proliferation and Terrorism
SEC. 1851. ESTABLISHMENT OF COMMISSION ON THE PREVENTION OF WEAPONS OF
MASS DESTRUCTION PROLIFERATION AND TERRORISM.
There is established the Commission on the Prevention of
Weapons of Mass Destruction Proliferation and Terrorism (in
this subtitle referred to as the ``Commission'').
SEC. 1852. PURPOSES OF COMMISSION.
(a) In General.--The purposes of the Commission are to--
(1) assess current activities, initiatives, and
programs to prevent weapons of mass destruction
proliferation and terrorism; and
(2) provide a clear and comprehensive strategy and
concrete recommendations for such activities,
initiatives, and programs.
(b) In Particular.--The Commission shall give particular
attention to activities, initiatives, and programs to secure
all nuclear weapons-usable material around the world and to
significantly accelerate, expand, and strengthen, on an urgent
basis, United States and international efforts to prevent,
stop, and counter the spread of nuclear weapons capabilities
and related equipment, material, and technology to terrorists
and states of concern.
SEC. 1853. COMPOSITION OF COMMISSION.
(a) Members.--The Commission shall be composed of 9
members, of whom--
(1) 1 member shall be appointed by the leader of the
Senate of the Democratic Party (majority or minority
leader, as the case may be), with the concurrence of
the leader of the House of Representatives of the
Democratic party (majority or minority leader as the
case may be), who shall serve as chairman of the
Commission;
(2) 2 members shall be appointed by the senior member
of the Senate leadership of the Democratic party;
(3) 2 members shall be appointed by the senior member
of the Senate leadership of the Republican party;
(4) 2 members shall be appointed by the senior member
of the leadership of the House of Representatives of
the Democratic party; and
(5) 2 members shall be appointed by the senior member
of the leadership of the House of Representatives of
the Republican party.
(b) Qualifications.--It is the sense of Congress that
individuals appointed to the Commission should be prominent
United States citizens, with significant depth of experience in
the nonproliferation or arms control fields.
(c) Deadline for Appointment.--All members of the
Commission shall be appointed within 90 days of the date of the
enactment of this Act.
(d) Initial Meeting.--The Commission shall meet and begin
the operations of the Commission as soon as practicable.
(e) Quorum; Vacancies.--After its initial meeting, the
Commission shall meet upon the call of the chairman or a
majority of its members. Six members of the Commission shall
constitute a quorum. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made.
SEC. 1854. RESPONSIBILITIES OF COMMISSION.
(a) In General.--The Commission shall address--
(1) the roles, missions, and structure of all
relevant government departments, agencies, and other
actors, including the Office of the United States
Coordinator for the Prevention of Weapons of Mass
Destruction Proliferation and Terrorism established
under subtitle D of this title;
(2) inter-agency coordination;
(3) United States commitments to international
regimes and cooperation with other countries; and
(4) the threat of weapons of mass destruction
proliferation and terrorism to the United States and
its interests and allies, including the threat posed by
black-market networks, and the effectiveness of the
responses by the United States and the international
community to such threats.
(b) Follow-on Baker-Cutler Report.--The Commission shall
also reassess, and where necessary update and expand on, the
conclusions and recommendations of the report titled ``A Report
Card on the Department of Energy's Nonproliferation Programs
with Russia'' of January 2001 (also known as the ``Baker-Cutler
Report'') and implementation of such recommendations.
SEC. 1855. POWERS OF COMMISSION.
(a) Hearings and Evidence.--The Commission or, on the
authority of the Commission, any subcommittee or member
thereof, may, for the purpose of carrying out this subtitle,
hold such hearings and sit and act at such times and places,
take such testimony, receive such evidence, and administer such
oaths as the Commission or such designated subcommittee or
designated member may determine advisable.
(b) Contracting.---The Commission may, to such extent and
in such amounts as are provided in appropriations Acts, enter
into contracts to enable the Commission to discharge its duties
under this subtitle.
(c) Staff of Commission.--
(1) Appointment and compensation.--The chairman of
the Commission, in accordance with rules agreed upon by
the Commission, may appoint and fix the compensation of
a staff director and such other personnel as may be
necessary to enable the Commission to carry out its
functions, without regard to the provisions of title 5,
United States Code, governing appointments in the
competitive service, and without regard to the
provisions of chapter 51 and subchapter III of chapter
53 of such title relating to classification and General
Schedule pay rates, except that no rate of pay fixed
under this subsection may exceed the equivalent of that
payable for a position at level V of the Executive
Schedule under section 5316 of title 5, United States
Code.
(2) Personnel as federal employees.--
(A) In general.--The executive director and
any employees of the Commission shall be
employees under section 2105 of title 5, United
States Code, for purposes of chapters 63, 81,
83, 84, 85, 87, 89, and 90 of that title.
(B) Members of commission.--Subparagraph (A)
shall not be construed to apply to members of
the Commission.
(3) Detailees.--Any Federal Government employee may
be detailed to the Commission without reimbursement
from the Commission, and such detailee shall retain the
rights, status, and privileges of his or her regular
employment without interruption.
(4) Consultant services.--The Commission may procure
the services of experts and consultants in accordance
with section 3109 of title 5, United States Code, but
at rates not to exceed the daily rate paid a person
occupying a position at level IV of the Executive
Schedule under section 5315 of title 5, United States
Code.
(5) Emphasis on security clearances.--Emphasis shall
be made to hire employees and retain contractors and
detailees with active security clearances.
(d) Information From Federal Agencies.--
(1) In general.--The Commission is authorized to
secure directly from any executive department, bureau,
agency, board, commission, office, independent
establishment, or instrumentality of the Government,
information, suggestions, estimates, and statistics for
the purposes of this subtitle. Each department, bureau,
agency, board, commission, office, independent
establishment, or instrumentality shall, to the extent
authorized by law, furnish such information,
suggestions, estimates, and statistics directly to the
Commission, upon request made by the chairman, the
chairman of any subcommittee created by a majority of
the Commission, or any member designated by a majority
of the Commission.
(2) Receipt, handling, storage, and dissemination.--
Information shall only be received, handled, stored,
and disseminated by members of the Commission and its
staff consistent with all applicable statutes,
regulations, and Executive orders.
(e) Assistance From Federal Agencies.--
(1) General services administration.--The
Administrator of General Services shall provide to the
Commission on a reimbursable basis administrative
support and other services for the performance of the
Commission's functions.
(2) Other departments and agencies.--In addition to
the assistance prescribed in paragraph (1), departments
and agencies of the United States may provide to the
Commission such services, funds, facilities, staff, and
other support services as they may determine advisable
and as may be authorized by law.
(f) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property.
(g) Postal Services.--The Commission may use the United
States mails in the same manner and under the same conditions
as departments and agencies of the United States.
SEC. 1856. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.
(a) In General.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Commission.
(b) Public Meetings and Release of Public Versions of
Reports.--The Commission shall--
(1) hold public hearings and meetings to the extent
appropriate; and
(2) release public versions of the report required
under section 1857.
(c) Public Hearings.--Any public hearings of the Commission
shall be conducted in a manner consistent with the protection
of information provided to or developed for or by the
Commission as required by any applicable statute, regulation,
or Executive order.
SEC. 1857. REPORT.
Not later than 180 days after the appointment of the
Commission, the Commission shall submit to the President and
Congress a final report containing such findings, conclusions,
and recommendations for corrective measures as have been agreed
to by a majority of Commission members.
SEC. 1858. TERMINATION.
(a) In General.--The Commission, and all the authorities of
this subtitle, shall terminate 60 days after the date on which
the final report is submitted under section 1857.
(b) Administrative Activities Before Termination.--The
Commission may use the 60-day period referred to in subsection
(a) for the purpose of concluding its activities, including
providing testimony to committees of Congress concerning its
report and disseminating the final report.
SEC. 1859. FUNDING.
(a) In General.--There are authorized to be appropriated
such sums as may be necessary for the purposes of the
activities of the Commission under this title.
(b) Duration of Availability.--Amounts made available to
the Commission under subsection (a) shall remain available
until the termination of the Commission.
b. United States Additional Protocol Implementation Act
Partial text of Public Law 109-401 [Title II of the Henry J. Hyde
United States-India Peaceful Atomic Energy Cooperation Act of 2006;
H.R. 5682], 120 Stat. 2741, approved December 18, 2006
AN ACT To exempt from certain requirements of the Atomic Energy Act of
1954 a proposed nuclear agreement for cooperation with India.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
TITLE II--UNITED STATES ADDITIONAL PROTOCOL IMPLEMENTATION
SEC. 201.\1\ SHORT TITLE.
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\1\ 22 U.S.C. 8101 note.
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This title may be cited as the ``United States Additional
Protocol Implementation Act''.
SEC. 202.\2\ FINDINGS.
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\2\ 22 U.S.C. 8101.
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Congress makes the following findings:
(1) The proliferation of nuclear weapons and other
nuclear explosive devices poses a grave threat to the
national security of the United States and its vital
national interests.
(2) The Nuclear Non-Proliferation Treaty has proven
critical to limiting such proliferation.
(3) For the Nuclear Non-Proliferation Treaty to be
effective, each of the non-nuclear-weapon State Parties
must conclude a comprehensive safeguards agreement with
the IAEA, and such agreements must be honored and
enforced.
(4) Recent events emphasize the urgency of
strengthening the effectiveness and improving the
efficiency of the safeguards system. This can best be
accomplished by providing IAEA inspectors with more
information about, and broader access to, nuclear
activities within the territory of non-nuclear-weapon
State Parties.
(5) The proposed scope of such expanded information
and access has been negotiated by the member states of
the IAEA in the form of a Model Additional Protocol to
its existing safeguards agreements, and universal
acceptance of Additional Protocols by non-nuclear
weapons states is essential to enhancing the
effectiveness of the Nuclear Non-Proliferation Treaty.
(6) On June 12, 1998, the United States, as a
nuclear-weapon State Party, signed an Additional
Protocol that is based on the Model Additional
Protocol, but which also contains measures, consistent
with its existing safeguards agreements with its
members, that protect the right of the United States to
exclude the application of IAEA safeguards to locations
and activities with direct national security
significance or to locations or information associated
with such activities.
(7) Implementation of the Additional Protocol in the
United States in a manner consistent with United States
obligations under the Nuclear Non-Proliferation Treaty
may encourage other parties to the Nuclear Non-
Proliferation Treaty, especially non-nuclear-weapon
State Parties, to conclude Additional Protocols and
thereby strengthen the Nuclear Non-Proliferation Treaty
safeguards system and help reduce the threat of nuclear
proliferation, which is of direct and substantial
benefit to the United States.
(8) Implementation of the Additional Protocol by the
United States is not required and is completely
voluntary given its status as a nuclear-weapon State
Party, but the United States has acceded to the
Additional Protocol to demonstrate its commitment to
the nuclear nonproliferation regime and to make United
States civil nuclear activities available to the same
IAEA inspections as are applied in the case of non-
nuclear-weapon State Parties.
(9) In accordance with the national security
exclusion contained in Article 1.b of its Additional
Protocol, the United States will not allow any
inspection activities, nor make any declaration of any
information with respect to, locations, information,
and activities of direct national security significance
to the United States.
(10) Implementation of the Additional Protocol will
conform to the principles set forth in the letter of
April 30, 2002, from the United States Permanent
Representative to the International Atomic Energy
Agency and the Vienna Office of the United Nations to
the Director General of the International Atomic Energy
Agency.
SEC. 203.\3\ DEFINITIONS.
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\3\ 22 U.S.C. 8102.
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In this title:
(1) Additional protocol.--The term ``Additional
Protocol'', when used in the singular form, means the
Protocol Additional to the Agreement between the United
States of America and the International Atomic Energy
Agency for the Application of Safeguards in the United
States of America, with Annexes, signed at Vienna June
12, 1998 (T. Doc. 107-7).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
Committee on Armed Services, the Committee on Foreign
Relations, and the Committee on Appropriations of the
Senate and the Committee on Armed Services, the
Committee on International Relations, the Committee on
Science, and the Committee on Appropriations of the
House of Representatives.
(3) Complementary access.--The term ``complementary
access'' means the exercise of the IAEA's access rights
as set forth in Articles 4 to 6 of the Additional
Protocol.
(4) Executive agency.--The term ``executive agency''
has the meaning given such term in section 105 of title
5, United States Code.
(5) Facility.---The term ``facility'' has the meaning
set forth in Article 18i. of the Additional Protocol.
(6) IAEA.--The term ``IAEA'' means the International
Atomic Energy Agency.
(7) Judge of the united states.--The term ``judge of
the United States'' means a United States district
judge, or a United States magistrate judge appointed
under the authority of chapter 43 of title 28, United
States Code.
(8) Location.--The term ``location'' means any
geographic point or area declared or identified by the
United States or specified by the International Atomic
Energy Agency.
(9) Nuclear non-proliferation treaty.--The term
``Nuclear Non-Proliferation Treaty'' means the Treaty
on the Non-Proliferation of Nuclear Weapons, done at
Washington, London, and Moscow July 1, 1968, and
entered into force March 5, 1970 (21 UST 483).
(10) Nuclear-weapon state party and non-nuclear-
weapon state party.--The terms ``nuclear-weapon State
Party'' and ``non-nuclear-weapon State Party'' have the
meanings given such terms in the Nuclear Non-
Proliferation Treaty.
(11) Person.--The term ``person'', except as
otherwise provided, means any individual, corporation,
partnership, firm, association, trust, estate, public
or private institution, any State or any political
subdivision thereof, or any political entity within a
State, any foreign government or nation or any agency,
instrumentality, or political subdivision of any such
government or nation, or other entity located in the
United States.
(12) Site.--The term ``site'' has the meaning set
forth in Article 18b. of the Additional Protocol.
(13) United states.--The term ``United States'', when
used as a geographic reference, means the several
States of the United States, the District of Columbia,
and the commonwealths, territories, and possessions of
the United States and includes all places under the
jurisdiction or control of the United States,
including--
(A) the territorial sea and the overlying
airspace;
(B) any civil aircraft of the United States
or public aircraft, as such terms are defined
in paragraphs (17) and (41), respectively, of
section 40102(a) of title 49, United States
Code; and
(C) any vessel of the United States, as such
term is defined in section 3(b) of the Maritime
Drug Law Enforcement Act (46 U.S.C. App.
1903(b)).
(14) Wide-area environmental sampling.--The term
``wide-area environmental sampling'' has the meaning
set forth in Article 18g. of the Additional Protocol.
SEC. 204.\4\ SEVERABILITY.
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\4\ 22 U.S.C. 8103.
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If any provision of this title, or the application of such
provision to any person or circumstance, is held invalid, the
remainder of this title, or the application of such provision
to persons or circumstances other than those as to which it is
held invalid, shall not be affected thereby.
Subtitle A--General Provisions
SEC. 211.\5\ AUTHORITY.
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\5\ 22 U.S.C. 8111.
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(a) \6\ In General.--The President is authorized to
implement and carry out the provisions of this title and the
Additional Protocol and shall designate through Executive order
which executive agency or agencies of the United States, which
may include but are not limited to the Department of State, the
Department of Defense, the Department of Justice, the
Department of Commerce, the Department of Energy, and the
Nuclear Regulatory Commission, shall issue or amend and enforce
regulations in order to implement this title and the provisions
of the Additional Protocol.
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\6\ The President made executive agency designations of authority
in Executive Order 13458. See ``Executive Orders Concerning
Nonproliferation of Weapons of Mass Destruction'', this volume, for the
full text of Executive Order 13458.
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(b) Included Authority.--For any executive agency
designated under subsection (a) that does not currently possess
the authority to conduct site vulnerability assessments and
related activities, the authority provided in subsection (a)
includes such authority.
(c) Exception.--The authority described in subsection (b)
does not supersede or otherwise modify any existing authority
of any Federal department or agency already having such
authority.
Subtitle B--Complementary Access
SEC. 221.\7\ REQUIREMENT FOR AUTHORITY TO CONDUCT COMPLEMENTARY ACCESS.
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\7\ 22 U.S.C. 8121.
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(a) Prohibition.--No complementary access to any location
in the United States shall take place pursuant to the
Additional Protocol without the authorization of the United
States Government in accordance with the requirements of this
title.
(b) Authority.--
(1) In general.--Complementary access to any location
in the United States subject to access under the
Additional Protocol is authorized in accordance with
this title.
(2) United states representatives.--
(A) Restrictions.--In the event of
complementary access to a privately owned or
operated location, no employee of the
Environmental Protection Agency or of the Mine
Safety and Health Administration or the
Occupational Safety and Health Administration
of the Department of Labor may participate in
the access.
(B) Number.--The number of designated United
States representatives accompanying IAEA
inspectors shall be kept to the minimum
necessary.
SEC. 222.\8\ PROCEDURES FOR COMPLEMENTARY ACCESS.
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\8\ 22 U.S.C. 8122.
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(a) In General.--Each instance of complementary access to a
location in the United States under the Additional Protocol
shall be conducted in accordance with this subtitle.
(b) Notice.--
(1) In general.--Complementary access referred to in
subsection (a) may occur only upon the issuance of an
actual written notice by the United States Government
to the owner, operator, occupant, or agent in charge of
the location to be subject to complementary access.
(2) Time of notification.--The notice under paragraph
(1) shall be submitted to such owner, operator,
occupant, or agent as soon as possible after the United
States Government has received notification that the
IAEA seeks complementary access. Notices may be posted
prominently at the location if the United States
Government is unable to provide actual written notice
to such owner, operator, occupant, or agent.
(3) Content of notice.--
(A) In general.--The notice required by
paragraph (1) shall specify--
(i) the purpose for the complementary
access;
(ii) the basis for the selection of
the facility, site, or other location
for the complementary access sought;
(iii) the activities that will be
carried out during the complementary
access;
(iv) the time and date that the
complementary access is expected to
begin, and the anticipated period
covered by the complementary access;
and
(v) the names and titles of the
inspectors.
(4) Separate notices required.--A separate notice
shall be provided each time that complementary access
is sought by the IAEA.
(c) Credentials.--The complementary access team of the IAEA
and representatives or designees of the United States
Government shall display appropriate identifying credentials to
the owner, operator, occupant, or agent in charge of the
location before gaining entry in connection with complementary
access.
(d) Scope.--
(1) In general.--Except as provided in a warrant
issued under section 223, and subject to the rights of
the United States Government under the Additional
Protocol to limit complementary access, complementary
access to a location pursuant to this title may extend
to all activities specifically permitted for such
locations under Article 6 of the Additional Protocol.
(2) Exception.--Unless required by the Additional
Protocol, no inspection under this title shall extend
to--
(A) financial data (other than production
data);
(B) sales and marketing data (other than
shipment data);
(C) pricing data;
(D) personnel data;
(E) patent data;
(F) data maintained for compliance with
environmental or occupational health and safety
regulations; or
(G) research data.
(e) Environment, Health, Safety, and Security.--In carrying
out their activities, members of the IAEA complementary access
team and representatives or designees of the United States
Government shall observe applicable environmental, health,
safety, and security regulations established at the location
subject to complementary access, including those for protection
of controlled environments within a facility and for personal
safety.
SEC. 223.\9\ CONSENTS, WARRANTS, AND COMPLEMENTARY ACCESS.
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\9\ 22 U.S.C. 8123.
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(a) In General.--
(1) Procedure.--
(A) Consent.--Except as provided in paragraph
(2), an appropriate official of the United
States Government shall seek or have the
consent of the owner, operator, occupant, or
agent in charge of a location prior to entering
that location in connection with complementary
access pursuant to sections 221 and 222. The
owner, operator, occupant, or agent in charge
of the location may withhold consent for any
reason or no reason.
(B) Administrative search warrant.--In the
absence of consent, the United States
Government may seek an administrative search
warrant from a judge of the United States under
subsection (b). Proceedings regarding the
issuance of an administrative search warrant
shall be conducted ex parte, unless otherwise
requested by the United States Government.
(2) Expedited access.--For purposes of obtaining
access to a location pursuant to Article 4b.(ii) of the
Additional Protocol in order to satisfy United States
obligations under the Additional Protocol when notice
of two hours or less is required, the United States
Government may gain entry to such location in
connection with complementary access, to the extent
such access is consistent with the Fourth Amendment to
the United States Constitution, without obtaining
either a warrant or consent.
(b) Administrative Search Warrants for Complementary
Access.--
(1) Obtaining administrative search warrants.--For
complementary access conducted in the United States
pursuant to the Additional Protocol, and for which the
acquisition of a warrant is required, the United States
Government shall first obtain an administrative search
warrant from a judge of the United States. The United
States Government shall provide to such judge all
appropriate information regarding the basis for the
selection of the facility, site, or other location to
which complementary access is sought.
(2) Content of affidavits for administrative search
warrants.--A judge of the United States shall promptly
issue an administrative search warrant authorizing the
requested complementary access upon an affidavit
submitted by the United States Government--
(A) stating that the Additional Protocol is
in force;
(B) stating that the designated facility,
site, or other location is subject to
complementary access under the Additional
Protocol;
(C) stating that the purpose of the
complementary access is consistent with Article
4 of the Additional Protocol;
(D) stating that the requested complementary
access is in accordance with Article 4 of the
Additional Protocol;
(E) containing assurances that the scope of
the IAEA's complementary access, as well as
what it may collect, shall be limited to the
access provided for in Article 6 of the
Additional Protocol;
(F) listing the items, documents, and areas
to be searched and seized;
(G) stating the earliest commencement and the
anticipated duration of the complementary
access period, as well as the expected times of
day during which such complementary access will
take place; and
(H) stating that the location to which entry
in connection with complementary access is
sought was selected either--
(i) because there is probable cause,
on the basis of specific evidence, to
believe that information required to be
reported regarding a location pursuant
to regulations promulgated under this
title is incorrect or incomplete, and
that the location to be accessed
contains evidence regarding that
violation; or
(ii) pursuant to a reasonable general
administrative plan based upon specific
neutral criteria.
(3) Content of warrants.--A warrant issued under
paragraph (2) shall specify the same matters required
of an affidavit under that paragraph. In addition, each
warrant shall contain the identities of the
representatives of the IAEA on the complementary access
team and the identities of the representatives or
designees of the United States Government required to
display identifying credentials under section 222(c).
SEC. 224.\10\ PROHIBITED ACTS RELATING TO COMPLEMENTARY ACCESS.
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\10\ 22 U.S.C. 8124.
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It shall be unlawful for any person willfully to fail or
refuse to permit, or to disrupt, delay, or otherwise impede, a
complementary access authorized by this subtitle or an entry in
connection with such access.
Subtitle C--Confidentiality of Information
SEC. 231.\11\ PROTECTION OF CONFIDENTIALITY OF INFORMATION.
Information reported to, or otherwise acquired by, the
United States Government under this title or under the
Additional Protocol shall be exempt from disclosure under
section 552 of title 5, United States Code.
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\11\ 22 U.S.C. 8131.
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Subtitle D--Enforcement
SEC. 241.\12\ RECORDKEEPING VIOLATIONS.
It shall be unlawful for any person willfully to fail or
refuse--
---------------------------------------------------------------------------
\12\ 22 U.S.C. 8141.
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(1) to establish or maintain any record required by
any regulation prescribed under this title;
(2) to submit any report, notice, or other
information to the United States Government in
accordance with any regulation prescribed under this
title; or
(3) to permit access to or copying of any record by
the United States Government in accordance with any
regulation prescribed under this title.
SEC. 242.\13\ PENALTIES.
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\13\ 22 U.S.C. 8142.
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(a) Civil.--
(1) Penalty amounts.--Any person that is determined,
in accordance with paragraph (2), to have violated
section 224 or section 241 shall be required by order
to pay a civil penalty in an amount not to exceed
$25,000 for each violation. For the purposes of this
paragraph, each day during which a violation of section
224 continues shall constitute a separate violation of
that section.
(2) Notice and hearing.--
(A) In general.--Before imposing a penalty
against a person under paragraph (1), the head
of an executive agency designated under section
211(a) shall provide the person with notice of
the order. If, within 15 days after receiving
the notice, the person requests a hearing, the
head of the designated executive agency shall
initiate a hearing on the violation.
(B) Conduct of hearing.--Any hearing so
requested shall be conducted before an
administrative judge. The hearing shall be
conducted in accordance with the requirements
of section 554 of title 5, United States Code.
If no hearing is so requested, the order
imposed by the head of the designated agency
shall constitute a final agency action.
(C) Issuance of orders.--If the
administrative judge determines, upon the
preponderance of the evidence received, that a
person named in the complaint has violated
section 224 or section 241, the administrative
judge shall state the findings of fact and
conclusions of law, and issue and serve on such
person an order described in paragraph (1).
(D) Factors for determination of penalty
amounts.--In determining the amount of any
civil penalty, the administrative judge or the
head of the designated agency shall take into
account the nature, circumstances, extent, and
gravity of the violation or violations and,
with respect to the violator, the ability to
pay, effect on ability to continue to do
business, any history of such violations, the
degree of culpability, the existence of an
internal compliance program, and such other
matters as justice may require.
(E) Content of notice.--For the purposes of
this paragraph, notice shall be in writing and
shall be verifiably served upon the person or
persons subject to an order described in
paragraph (1). In addition, the notice shall--
(i) set forth the time, date, and
specific nature of the alleged
violation or violations; and
(ii) specify the administrative and
judicial remedies available to the
person or persons subject to the order,
including the availability of a hearing
and subsequent appeal.
(3) Administrative appellate review.--The decision
and order of an administrative judge shall be the
recommended decision and order and shall be referred to
the head of the designated executive agency for final
decision and order. If, within 60 days, the head of the
designated executive agency does not modify or vacate
the decision and order, it shall become a final agency
action under this subsection.
(4) Judicial review.--A person adversely affected by
a final order may, within 30 days after the date the
final order is issued, file a petition in the Court of
Appeals for the District of Columbia Circuit or in the
Court of Appeals for the district in which the
violation occurred.
(5) Enforcement of final orders.--
(A) In general.--If a person fails to comply
with a final order issued against such person
under this subsection and--
(i) the person has not filed a
petition for judicial review of the
order in accordance with paragraph (4),
or
(ii) a court in an action brought
under paragraph (4) has entered a final
judgment in favor of the designated
executive agency,
the head of the designated executive agency
shall commence a civil action to seek
compliance with the final order in any
appropriate district court of the United
States.
(B) No review.--In any such civil action, the
validity and appropriateness of the final order
shall not be subject to review.
(C) Interest.--Payment of penalties assessed
in a final order under this section shall
include interest at currently prevailing rates
calculated from the date of expiration of the
60-day period referred to in paragraph (3) or
the date of such final order, as the case may
be.
(b) Criminal.--Any person who violates section 224 or
section 241 may, in addition to or in lieu of any civil penalty
which may be imposed under subsection (a) for such violation,
be fined under title 18, United States Code, imprisoned for not
more than five years, or both.
SEC. 243.\14\ SPECIFIC ENFORCEMENT.
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\14\ 22 U.S.C. 8143.
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(a) Jurisdiction.--The district courts of the United States
shall have jurisdiction over civil actions brought by the head
of an executive agency designated under section 211(a)--
(1) to restrain any conduct in violation of section
224 or section 241; or
(2) to compel the taking of any action required by or
under this title or the Additional Protocol.
(b) Civil Actions.--
(1) In general.--A civil action described in
subsection (a) may be brought--
(A) in the case of a civil action described
in paragraph (1) of such subsection, in the
United States district court for the judicial
district in which any act, omission, or
transaction constituting a violation of section
224 or section 241 occurred or in which the
defendant is found or transacts business; or
(B) in the case of a civil action described
in paragraph (2) of such subsection, in the
United States district court for the judicial
district in which the defendant is found or
transacts business.
(2) Service of process.--In any such civil action,
process shall be served on a defendant wherever the
defendant may reside or may be found.
Subtitle E--Environmental Sampling
SEC. 251.\15\ NOTIFICATION TO CONGRESS OF IAEA BOARD APPROVAL OF WIDE-
AREA ENVIRONMENTAL SAMPLING.
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\15\ 22 U.S.C. 8151.
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(a) In General.--Not later than 30 days after the date on
which the Board of Governors of the IAEA approves wide-area
environmental sampling for use as a safeguards verification
tool, the President shall notify the appropriate congressional
committees.
(b) Content.--The notification under subsection (a) shall
contain--
(1) a description of the specific methods and
sampling techniques approved by the Board of Governors
that are to be employed for purposes of wide-area
sampling;
(2) a statement as to whether or not such sampling
may be conducted in the United States under the
Additional Protocol; and
(3) an assessment of the ability of the approved
methods and sampling techniques to detect, identify,
and determine the conduct, type, and nature of nuclear
activities.
SEC. 252.\16\ APPLICATION OF NATIONAL SECURITY EXCLUSION TO WIDE-AREA
ENVIRONMENTAL SAMPLING.
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\16\ 22 U.S.C. 8152.
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In accordance with Article 1(b) of the Additional Protocol,
the United States shall not permit any wide-area environmental
sampling proposed by the IAEA to be conducted at a specified
location in the United States under Article 9 of the Additional
Protocol unless the President has determined and reported to
the appropriate congressional committees with respect to that
proposed use of environmental sampling that--
(1) the proposed use of wide-area environmental
sampling is necessary to increase the capability of the
IAEA to detect undeclared nuclear activities in the
territory of a non-nuclear-weapon State Party;
(2) the proposed use of wide-area environmental
sampling will not result in access by the IAEA to
locations, activities, or information of direct
national security significance; and
(3) the United States--
(A) has been provided sufficient opportunity
for consultation with the IAEA if the IAEA has
requested complementary access involving wide-
area environmental sampling; or
(B) has requested under Article 8 of the
Additional Protocol that the IAEA engage in
complementary access in the United States that
involves the use of wide-area environmental
sampling.
SEC. 254.\17\ RULE OF CONSTRUCTION.
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\17\ 22 U.S.C. 8154.
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As used in this subtitle, the term ``necessary to increase
the capability of the IAEA to detect undeclared nuclear
activities in the territory of a non-nuclear-weapon State
Party'' shall not be construed to encompass proposed uses of
environmental sampling that might assist the IAEA in detecting
undeclared nuclear activities in the territory of a non-
nuclear-weapon State Party by--
(1) setting a good example of cooperation in the
conduct of such sampling; or
(2) facilitating the formation of a political
consensus or political support for such sampling in the
territory of a non-nuclear-weapon State Party.
Subtitle F--Protection of National Security Information and Activities
SEC. 261.\18\ PROTECTION OF CERTAIN INFORMATION.
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\18\ 22 U.S.C. 8161.
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(a) Locations and Facilities of Direct National Security
Significance.--No current or former Department of Defense or
Department of Energy location, site, or facility of direct
national security significance shall be declared or be subject
to IAEA inspection under the Additional Protocol.
(b) Information of Direct National Security Significance.--
No information of direct national security significance
regarding any location, site, or facility associated with
activities of the Department of Defense or the Department of
Energy shall be provided under the Additional Protocol.
(c) Restricted Data.--Nothing in this title shall be
construed to permit the communication or disclosure to the IAEA
or IAEA employees of restricted data controlled by the
provisions of the Atomic Energy Act of 1954 (42 U.S.C. 2011 et
seq.), including in particular ``Restricted Data'' as defined
under paragraph (1) of section 11 y. of such Act (42 U.S.C.
2014(y)).
(d) Classified Information.--Nothing in this Act shall be
construed to permit the communication or disclosure to the IAEA
or IAEA employees of national security information and other
classified information.
SEC. 262.\19\ IAEA INSPECTIONS AND VISITS.
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\19\ 22 U.S.C. 8162.
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(a) Certain Individuals Prohibited From Obtaining Access.--
No national of a country designated by the Secretary of State
under section 620A of the Foreign Assistance Act of 1961 (22
U.S.C. 2371) as a government supporting acts of international
terrorism shall be permitted access to the United States to
carry out an inspection activity under the Additional Protocol
or a related safeguards agreement.
(b) Presence of United States Government Personnel.--IAEA
inspectors shall be accompanied at all times by United States
Government personnel when inspecting sites, locations,
facilities, or activities in the United States under the
Additional Protocol.
(c) Vulnerability and Related Assessments.--The President
shall conduct vulnerability, counterintelligence, and related
assessments not less than every 5 years to ensure that
information of direct national security significance remains
protected at all sites, locations, facilities, and activities
in the United States that are subject to IAEA inspection under
the Additional Protocol.
Subtitle G--Reports
SEC. 271.\20\ REPORT ON INITIAL UNITED STATES DECLARATION.
---------------------------------------------------------------------------
\20\ 22 U.S.C. 8171.
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Not later than 60 days before submitting the initial United
States declaration to the IAEA under the Additional Protocol,
the President shall submit to Congress a list of the sites,
locations, facilities, and activities in the United States that
the President intends to declare to the IAEA, and a report
thereon.
SEC. 272.\21\ REPORT ON REVISIONS TO INITIAL UNITED STATES DECLARATION.
---------------------------------------------------------------------------
\21\ 22 U.S.C. 8172.
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Not later than 60 days before submitting to the IAEA any
revisions to the United States declaration submitted under the
Additional Protocol, the President shall submit to Congress a
list of any sites, locations, facilities, or activities in the
United States that the President intends to add to or remove
from the declaration, and a report thereon.
SEC. 273.\22\ CONTENT OF REPORTS ON UNITED STATES DECLARATIONS.
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\22\ 22 U.S.C. 8173.
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The reports required under section 271 and section 272
shall present the reasons for each site, location, facility,
and activity being declared or being removed from the
declaration list and shall certify that--
(1) each site, location, facility, and activity
included in the list has been examined by each agency
with national security equities with respect to such
site, location, facility, or activity; and
(2) appropriate measures have been taken to ensure
that information of direct national security
significance will not be compromised at any such site,
location, facility, or activity in connection with an
IAEA inspection.
SEC. 274.\23\ REPORT ON EFFORTS TO PROMOTE THE IMPLEMENTATION OF
ADDITIONAL PROTOCOLS.
Not later than 180 days after the entry into force of the
Additional Protocol, the President shall submit to the
appropriate congressional committees a report on--
---------------------------------------------------------------------------
\23\ 22 U.S.C. 8174.
---------------------------------------------------------------------------
(1) measures that have been or should be taken to
achieve the adoption of additional protocols to
existing safeguards agreements signed by non-nuclear-
weapon State Parties; and
(2) assistance that has been or should be provided by
the United States to the IAEA in order to promote the
effective implementation of additional protocols to
existing safeguards agreements signed by non-nuclear-
weapon State Parties and the verification of the
compliance of such parties with IAEA obligations, with
a plan for providing any needed additional funding.
SEC. 275.\24\ NOTICE OF IAEA NOTIFICATIONS.
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\24\ 22 U.S.C. 8175.
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The President shall notify Congress of any notifications
issued by the IAEA to the United States under Article 10 of the
Additional Protocol.
Subtitle H--Authorization of Appropriations
SEC. 281.\25\ AUTHORIZATION OF APPROPRIATIONS.
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\25\ 22 U.S.C. 8181.
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There are authorized to be appropriated such sums as may be
necessary to carry out this title.
c. Iran Nonproliferation Amendments Act of 2005 \1\
Partial text of Public Law 109-112 [S. 1713], 119 Stat. 2366, approved
November 22, 2005
---------------------------------------------------------------------------
\1\ 50 U.S.C. 1701 note.
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AN ACT To make amendments to the Iran Nonproliferation Act of 2000
related to International Space Station payments, and for other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iran Nonproliferation
Amendments Act of 2005''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Director of Central Intelligence's most
recent Unclassified Report to Congress on the
Acquisition of Technology Relating to Weapons of Mass
Destruction and Advanced Conventional Munitions, 1 July
Through 31 December 2003, states ``Russian entities
during the reporting period continued to supply a
variety of ballistic missile-related goods and
technical know-how to countries such as Iran, India,
and China. Iran's earlier success in gaining technology
and materials from Russian entities helped accelerate
Iranian development of the Shahab-3 MRBM, and
continuing Russian entity assistance has supported
Iranian efforts to develop new missiles and increase
Tehran's self-sufficiency in missile production.''
(2) Vice Admiral Lowell E. Jacoby, the Director of
the Defense Intelligence Agency, stated in testimony
before the Select Committee on Intelligence of the
Senate on February 16, 2005, that ``Tehran probably
will have the ability to produce nuclear weapons early
in the next decade''.
(3) Iran has--
(A) failed to act in accordance with the
Agreement Between Iran and the International
Atomic Energy Agency for the Application of
Safeguards in Connection with the Treaty on the
Non-Proliferation of Nuclear Weapons, done at
Vienna June 19, 1973 (commonly referred to as
the ``Safeguards Agreement'');
(B) acted in a manner inconsistent with the
Protocol Additional to the Agreement Between
Iran and the International Atomic Energy Agency
for the Application of Safeguards, signed at
Vienna December 18, 2003 (commonly referred to
as the ``Additional Protocol'');
(C) acted in a manner inconsistent with its
obligations under the Treaty on the Non-
Proliferation of Nuclear Weapons, done at
Washington, London, and Moscow July 1, 1968,
and entered into force March 5, 1970 (commonly
referred to as the ``Nuclear Non-Proliferation
Treaty''); and (D) resumed uranium conversion
activities, thus ending the confidence building
measures it adopted in its November 2003
agreement with the foreign ministers of the
United Kingdom, France, and Germany.
(4) On September 24, 2005, the Board of Governors of
the International Atomic Energy Agency (IAEA) formally
declared that Iranian actions constituted noncompliance
with its nuclear safeguards obligations, and that
Iran's history of concealment of its nuclear activities
has given rise to questions that are within the purview
of the United Nations Security Council.
(5) The executive branch has on multiple occasions
used the authority provided under section 3 of the Iran
Nonproliferation Act of 2000 (Public Law 106-178; 50
U.S.C. 1701 note) to impose sanctions on entities that
have engaged in activities in violation of restrictions
in the Act relating to--
(A) the export of equipment and technology
controlled under multilateral export control
lists, including under the Australia Group,
Chemical Weapons Convention, Missile Technology
Control Regime, Nuclear Suppliers Group, and
the Wassenaar Arrangement or otherwise having
the potential to make a material contribution
to the development of weapons of mass
destruction or cruise or ballistic missile
systems to Iran; and
(B) the export of other items to Iran with
the potential of making a material contribution
to Iran's weapons of mass destruction programs
or on United States national control lists for
reasons related to the proliferation of weapons
of mass destruction or missiles.
(6) The executive branch has never made a
determination pursuant to section 6(b) of the Iran
Nonproliferation Act of 2000 that--
(A) it is the policy of the Government of the
Russian Federation to oppose the proliferation
to Iran of weapons of mass destruction and
missile systems capable of delivering such
weapons;
(B) the Government of the Russian Federation
(including the law enforcement, export
promotion, export control, and intelligence
agencies of such government) has demonstrated
and continues to demonstrate a sustained
commitment to seek out and prevent the transfer
to Iran of goods, services, and technology that
could make a material contribution to the
development of nuclear, biological, or chemical
weapons, or of ballistic or cruise missile
systems; and
(C) no entity under the jurisdiction or
control of the Government of the Russian
Federation, has, during the 1-year period prior
to the date of the determination pursuant to
section 6(b) of such Act, made transfers to
Iran reportable under section 2(a) of the Act.
(7) On June 29, 2005, President George W. Bush issued
Executive Order 13382 blocking property of weapons of
mass destruction proliferators and their supporters,
and used the authority of such order against 4 Iranian
entities, Aerospace Industries Organization, Shahid
Hemmat Industrial Group, Shahid Bakeri Industrial
Group, and the Atomic Energy Organization of Iran, that
have engaged, or attempted to engage, in activities or
transactions that have materially contributed to, or
pose a risk of materially contributing to, the
proliferation of weapons of mass destruction or their
means of delivery (including missiles capable of
delivering such weapons), including efforts to
manufacture, acquire, possess, develop, transport,
transfer, or use such items.
SEC. 3. AMENDMENTS TO IRAN NONPROLIFERATION ACT OF 2000 RELATED TO
INTERNATIONAL SPACE STATION PAYMENTS.
(a) Treatment of Certain Payments.--Section 7(1)(B) of the
Iran Nonproliferation Act of 2000 (Public Law 106-178; 50
U.S.C. 1701 note) is amended-- * * *
SEC. 4. AMENDMENTS TO THE IRAN NONPROLIFERATION ACT OF 2000 TO MAKE
SUCH ACT APPLICABLE TO IRAN AND SYRIA.
(a) Reports on Proliferation Relating to Iran or Syria.--
Section 2 of the Iran Nonproliferation Act of 2000 (Public Law
106-178; 50 U.S.C. 1701 note) is amended-- * * *
(b)-(d) * * *
(e) Short Title.--
(1) Amendment.--Section 1 of the Iran
Nonproliferation Act of 2000 (Public Law 106-178; 50
U.S.C. 1701 note) is amended * * *
(2) \2\ References.--Any reference in a law,
regulation, document, or other record of the United
States to the Iran Nonproliferation Act of 2000 shall
be deemed to be a reference to the Iran and Syria
Nonproliferation Act.
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\2\ 22 U.S.C. 2797b note; 50 U.S.C. 1701 note.
d. Nuclear Security Initiative Act of 2003
Partial text of Public Law 108-136 [title XXXVI of division C of the
National Defense Authorization Act for Fiscal Year 2004; H.R. 1588],
117 Stat. 1392, approved November 24, 2003
* * * * * * *
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
* * * * * * *
TITLE XXXVI--NUCLEAR SECURITY INITIATIVE
Sec. 3601. Short title.
Subtitle A--Administration and Oversight of Threat Reduction and
Nonproliferation Programs
Sec. 3611. Management assessment of Department of Defense and Department
of Energy threat reduction and nonproliferation programs.
Subtitle B--Relations Between the United States and Russia
Sec. 3621. Comprehensive inventory of Russian tactical nuclear weapons.
Sec. 3622. Establishment of interparliamentary Threat Reduction Working
Group.
Sec. 3623. Sense of Congress on cooperation by United States and NATO
with Russia on ballistic missile defenses.
Sec. 3624. Sense of Congress on enhanced collaboration to achieve more
reliable Russian early warning systems.
Subtitle C--Other Matters
Sec. 3631. Promotion of discussions on nuclear and radiological security
and safety between the International Atomic Energy Agency and
the Organization for Economic Cooperation and Development.
SEC. 3601.\1\ SHORT TITLE.
This title may be cited as the ``Nuclear Security
Initiative Act of 2003''.
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\1\ 22 U.S.C. 5951 note.
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Subtitle A--Administration and Oversight of Threat Reduction and
Nonproliferation Programs
SEC. 3611. MANAGEMENT ASSESSMENT OF DEPARTMENT OF DEFENSE AND
DEPARTMENT OF ENERGY THREAT REDUCTION AND
NONPROLIFERATION PROGRAMS.
(a) GAO Assessment Required.--The Comptroller General shall
carry out an assessment of the management of the threat
reduction and nonproliferation programs of the Department of
Defense and the Department of Energy. The matters assessed
shall include--
(1) the effectiveness of the overall strategy used
for managing such programs;
(2) the basis used to allocate the missions of such
programs among the executive departments and agencies;
(3) the criteria used to assess the effectiveness of
such programs;
(4) the strategy and process used to establish
priorities for activities carried out under such
programs, including the analysis of risks and benefits
used in determining how best to allocate the funds made
available for such programs;
(5) the mechanisms used to coordinate the activities
carried out under such programs by the executive
departments and agencies so as to ensure efficient
execution and avoid duplication of effort; and
(6) the management controls used in carrying out such
programs and the effect of such controls on the
execution of such programs.
(b) Considerations.--In carrying out the assessment
required by subsection (a), the Comptroller General shall take
into account--
(1) the national security interests of the United
States; and
(2) the need for accountability in expenditure of
funds by the United States.
(c) Report.--Not later than May 1, 2004, the Comptroller
General shall submit a report on the assessment required by
subsection (a) to the Committee on Armed Services of the House
of Representatives and the Committee on Armed Services of the
Senate.
(d) Definitions.--In this section:
(1) The term ``threat reduction and nonproliferation
programs of the Department of Defense and the
Department of Energy'' means--
(A) the programs specified in section 1501(b)
of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat.
2731; 50 U.S.C. 2362 note); and
(B) any programs for which funds are made
available under the defense nuclear
nonproliferation account of the Department of
Energy.
(2) The term ``management controls'' means any
accounting, oversight, or other measure intended to
ensure that programs are executed consistent with--
(A) programmatic objectives as stated in
budget justification materials submitted to
Congress (as submitted with the budget of the
President under section 1105(a) of title 31,
United States Code); and
(B) any restrictions related to such
objectives as are imposed by law.
Subtitle B--Relations Between the United States and Russia
SEC. 3621.\2\ COMPREHENSIVE INVENTORY OF RUSSIAN TACTICAL NUCLEAR
WEAPONS.
(a) Sense of Congress.--It is the sense of Congress that
the United States should, to the extent the President considers
prudent, seek to work with the Russian Federation to develop a
comprehensive inventory of Russian tactical nuclear weapons.
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\2\ 22 U.S.C. 5959 note.
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(b) Report.--Not later than 12 months after the date of the
enactment of this Act, the President shall submit to Congress a
report, in both classified and unclassified form as necessary,
describing the progress that has been made toward creating such
an inventory.
SEC. 3622.\3\ ESTABLISHMENT OF INTERPARLIAMENTARY THREAT REDUCTION
WORKING GROUP.
(a) Establishment of Working Group.--There is hereby
established a working group to be known as the ``Threat
Reduction Working Group'' as an interparliamentary group of the
Congress of the United States and the legislature of the
Russian Federation.
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\3\ 22 U.S.C. 5951 note.
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(b) Purpose of Working Group.--The purpose of the working
group established by subsection (a) shall be to explore means
to enhance cooperation between the United States and the
Russian Federation with respect to nuclear nonproliferation and
security and such other issues related to reducing the dangers
of weapons of mass destruction as the members of the working
group consider appropriate.
(c) Membership.--(1) The majority leader of the Senate,
after consultation with the minority leader of the Senate,
shall appoint not more than 10 Senators to the working group
established by subsection (a).
(2) The Speaker of the House of Representatives, after
consultation with the minority leader of the House of
Representatives, shall appoint not more than 30 Members of the
House to the working group.
SEC. 3623.\4\ SENSE OF CONGRESS ON COOPERATION BY UNITED STATES AND
NATO WITH RUSSIA ON BALLISTIC MISSILE DEFENSES.
(a) Sense of Congress.--It is the sense of Congress that
the President should, in conjunction with the North Atlantic
Treaty Organization, encourage appropriate cooperative
relationships between the Russian Federation and the United
States and North Atlantic Treaty Organization with respect to
the development and deployment of ballistic missile defenses.
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\4\ 22 U.S.C. 1928 note.
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(b) Report to Congress.--Not later than one year after the
date of the enactment of this Act, the Secretary of Defense
shall transmit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives a report (in unclassified or classified form as
necessary) on the feasibility of increasing cooperation between
the Russian Federation and the United States and the North
Atlantic Treaty Organization on the subject of ballistic
missile defense. The report shall include--
(1) the recommendations of the Secretary;
(2) a description of the threat such cooperation is
intended to address; and
(3) an assessment of possible benefits to ballistic
missile defense programs of the United States.
SEC. 3624. SENSE OF CONGRESS ON ENHANCED COLLABORATION TO ACHIEVE MORE
RELIABLE RUSSIAN EARLY WARNING SYSTEMS.
It is the sense of Congress that the President, to the
extent consistent with the national security interests of the
United States, should--
(1) encourage joint efforts by the United States and
the Russian Federation to reduce the probability of
accidental nuclear attack as a result of misinformation
or miscalculation by developing the capabilities and
increasing the reliability of Russian ballistic missile
early-warning systems;
(2) encourage the development of joint programs by
the United States and the Russian Federation to ensure
that the Russian Federation has reliable information
regarding launches of ballistic missiles anywhere in
the world; and
(3) pending the execution of a new agreement between
the United States and the Russian Federation providing
for the conduct of the Russian-American Observation
Satellite (RAMOS) program, ensure that funds
appropriated for that program for fiscal year 2004 are
obligated and expended in a manner that provides for
the satisfactory continuation of that program.
Subtitle C--Other Matters
SEC. 3631.\5\ PROMOTION OF DISCUSSIONS ON NUCLEAR AND RADIOLOGICAL
SECURITY AND SAFETY BETWEEN THE INTERNATIONAL
ATOMIC ENERGY AGENCY AND THE ORGANIZATION FOR
ECONOMIC COOPERATION AND DEVELOPMENT.
(a) Sense of Congress Regarding Initiation of Dialogue
Between the IAEA and the OECD.--It is the sense of Congress
that--
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\5\ 22 U.S.C. 6321 note.
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(1) the United States should seek to initiate
discussions between the International Atomic Energy
Agency and the Organization for Economic Cooperation
and Development for the purpose of exploring issues of
nuclear and radiological security and safety, including
the creation of new sources of revenue (including debt
reduction) for states to provide nuclear security; and
(2) the discussions referred to in paragraph (1)
should also provide a forum to explore possible sources
of funds in support of the G-8 Global Partnership
Against the Spread of Weapons and Materials of Mass
Destruction.
(b) Contingent Report.--(1) Except as provided in paragraph
(2), the President shall, not later than 12 months after the
date of the enactment of this Act, submit to Congress a report
on--
(A) the efforts made by the United States to initiate
the discussions described in subsection (a);
(B) the results of those efforts; and
(C) any plans for further discussions and the
purposes of such discussions.
(2) Paragraph (1) shall not apply if no efforts referred to
in paragraph (1)(A) have been made.
e. Nonproliferation and Export Control Assistance, 2003
Partial text of Public Law 107-228 [Foreign Relations Authorization
Act, Fiscal Year 2003; H.R. 1646], 116 Stat. 1350, approved September
30, 2002
* * * * * * *
TITLE XIII--NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE
Subtitle A--General Provisions
SEC. 1301. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--Section 585 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2349bb-4) is amended-- * * * \1\
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\1\ The Foreign Assistance Act of 1961 is located in Legislation on
Foreign Relations Through 2008, vol. I-A. Sec. 1303 of Public Law 107-
228 redesignated sec. 585 as sec. 586. As redesignated, sec. 586 of the
Foreign Assistance Act concerns the authorization of appropriations for
chapter 9 of Part II of that Act, entitled ``Nonproliferation and
Export Control Assistance''.
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(b) Suballocations.--Of the amount authorized to be
appropriated to the President for fiscal year 2003 by section
585 of the Foreign Assistance Act of 1961 (22 U.S.C. 2349bb-
4)--
(1) $2,000,000 is authorized to be available for such
fiscal year for the purpose of carrying out section 584
of the Foreign Assistance Act of 1961, as added by
section 1303 of this Act; and
(2) $65,000,000 for fiscal year 2003 are authorized
to be available for science and technology centers in
the independent states of the former Soviet Union.
(c) Conforming Amendment.--Section 302 of the Security
Assistance Act of 2000 (Public Law 106-280; 114 Stat. 853) is
repealed.
(d) Further Authorization.--There is authorized to be
appropriated under ``Nonproliferation, Anti-terrorism,
Demining, and Related Programs'' $382,400,000 for fiscal year
2003.
SEC. 1302.\2\ NONPROLIFERATION TECHNOLOGY ACQUISITION PROGRAMS FOR
FRIENDLY FOREIGN COUNTRIES.
(a) In General.--For the purpose of enhancing the
nonproliferation and export control capabilities of friendly
countries, of the amount authorized to be appropriated for
fiscal year 2003 by section 585 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2349bb et seq.), the Secretary is authorized
to make available--
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\2\ 22 U.S.C. 2349bb note.
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(1) $5,000,000 for the procurement and provision of
nuclear, chemical, and biological detection systems,
including spectroscopic and pulse echo technologies;
and
(2) $10,000,000 for the procurement and provision of
x-ray systems capable of imaging sea-cargo containers.
(b) \3\ Reports on Training Program.--
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\3\ In Delegation of Authority 291, dated April 7, 2006 (71 F.R.
20432; April 20, 2006), the Secretary of State delegated the authority
to approve the submission of reports under this subsection to the Under
Secretary of State for Arms Control and International Security.
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(1) Initial report.--Not later than March 31, 2003,
the Secretary shall submit a report to the appropriate
congressional committees setting forth his plans and
budget for a multiyear training program to train
foreign personnel in the utilization of the systems
described in subsection (a).
(2) Subsequent reports.--Not later than March 31,
2004, and annually thereafter for the next three years,
the Secretary shall submit a report to the appropriate
congressional committees describing the progress,
current status, and budget of that training program and
of the provision of those systems.
SEC. 1303. INTERNATIONAL NONPROLIFERATION AND EXPORT CONTROL TRAINING.
Chapter 9 of part II of the Foreign Assistance Act of 1961
(22 U.S.C. 2349bb et seq.) is amended-- * * * \4\
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\4\ Sec. 1303 redesignated secs. 584 and 585 of the Foreign
Assistance Act of 1961 as secs. 585 and 586, and added a new sec. 584,
which deals with nonproliferation and export control training to
military and civilian personnel of foreign countries. See Legislation
on Foreign Relations Through 2008, vol. I-A.
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SEC. 1304. RELOCATION OF SCIENTISTS.
(a) Reinstatement of Classification Authority.--Section 4
of the Soviet Scientists Immigration Act of 1992 (Public Law
102-509; 106 Stat. 3316; 8 U.S.C. 1153 note) is amended * * *
(b) * * *
(c) Limitation on Eligibility.--Section 4(a) of that Act (8
U.S.C. 1153 note) is amended * * *
(d) \5\ Consultation Requirement.--The Attorney General
shall consult with the Secretary, the Secretary of Defense, the
Secretary of Energy, and the heads of other appropriate
agencies of the United States regarding--
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\5\ 8 U.S.C. 1153 note.
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(1) previous experience in implementing the Soviet
Scientists Immigration Act of 1992; and
(2) any changes that those officials would recommend
in the regulations prescribed under that Act.
SEC. 1305. INTERNATIONAL ATOMIC ENERGY AGENCY REGULAR BUDGET
ASSESSMENTS AND VOLUNTARY CONTRIBUTIONS.
(a) Findings.--Congress makes the following findings:
(1) The Department has concluded that the
International Atomic Energy Agency (in this section
referred to as the ``IAEA'') is a critical and
effective instrument for verifying compliance with
international nuclear nonproliferation agreements, and
that it serves as an essential barrier to the spread of
nuclear weapons.
(2) The IAEA furthers United States national security
objectives by helping to prevent the proliferation of
nuclear weapons material, especially through its work
on effective verification and safeguards measures.
(3) The IAEA can also perform a critical role in
monitoring and verifying aspects of nuclear weapons
reduction agreements between nuclear weapons states.
(4) The IAEA has adopted a multifaceted action plan,
to be funded by voluntary contributions, to address the
threats posed by radioactive sources that could be used
in a radiological weapon and will be the leading
international agency in this effort.
(5) As the IAEA has negotiated and developed more
effective verification and safeguards measures, it has
experienced significant real growth in its mission,
especially in the vital area of nuclear safeguards
inspections.
(6) Nearly two decades of zero budget growth have
affected the ability of the IAEA to carry out its
mission and to hire and retain the most qualified
inspectors and managers, as evidenced in the decreasing
proportion of such personnel who hold doctorate
degrees.
(7) Increased voluntary contributions by the United
States will be needed if the IAEA is to increase its
safeguards activities and also to implement its action
plan to address the worldwide risks posed by lost or
poorly secured radioactive sources.
(8) Although voluntary contributions by the United
States lessen the IAEA's budgetary constraints, they
cannot readily be used for the long-term capital
investments or permanent staff increases necessary to
an effective IAEA safeguards regime.
(9) The recent United States decision to accept a 25
percent IAEA regular budget assessment was based upon a
correct interpretation of existing law. It was not the
intent of Congress that the United States contributions
to all United Nations-related organizations and
activities be reduced pursuant to the Admiral James W.
Nance and Meg Donovan Foreign Relations Authorization
Act, Fiscal Years 2000 and 2001 (as enacted into law by
section 1000(a)(7) of Public Law 106-113; 113 Stat.
1501A-405 et seq.), which sets 22 percent assessment
rates as benchmarks for the general United Nations
budget, the Food and Agricultural Organization, the
World Health Organization, and the International Labor
Organization. Rather, contributions for an important
and effective agency such as the IAEA should be
maintained at levels commensurate with the criticality
of its mission.
(10) The Secretary should negotiate a gradual and
sustained increase in the regular budget of the
International Atomic Energy Agency, which should begin
with the 2004 budget.
(b) Authorization of Appropriations.--Of the funds
authorized to be appropriated for Nonproliferation, Anti-
terrorism, Demining, and Related Programs there is authorized
to be appropriated $60,000,000 for fiscal year 2003 for a
United States voluntary contribution to the International
Atomic Energy Agency, including for the purpose of implementing
the Protection Against Nuclear Terrorism program adopted by the
International Atomic Energy Agency Board of Governors in March
2002.
SEC. 1306. AMENDMENTS TO THE IRAN NONPROLIFERATION ACT OF 2000.
(a) Reports on Proliferation to Iran.--Section 2 of the
Iran Nonproliferation Act of 2000 (Public Law 106-178; 114
Stat. 39; 50 U.S.C. 1701 note) is amended * * *
(b) * * *
SEC. 1307. AMENDMENTS TO THE NORTH KOREA THREAT REDUCTION ACT OF 1999.
(a) Restrictions.--Section 822(a) of the North Korea Threat
Reduction Act of 1999 (subtitle B of title VIII of division A
of H.R. 3427, as enacted into law by section 1000(a)(7) of
Public Law 106-113; appendix G; 113 Stat. 1501A-472) is amended
* * *
(b) * * *
SEC. 1308.\6\,\7\ ANNUAL REPORTS ON THE PROLIFERATION OF
MISSILES AND ESSENTIAL COMPONENTS OF NUCLEAR,
BIOLOGICAL, CHEMICAL, AND RADIOLOGICAL WEAPONS.
(a) Report.--Not later than March 1, 2003, and annually
thereafter, the President \8\ shall transmit to the designated
congressional committees an annual report on the transfer by
any country of weapons, technology, components, or materials
that can be used to deliver, manufacture (including research
and experimentation), or weaponize nuclear, biological,
chemical or radiological weapons (in this section referred to
as ``NBC weapons'') to any country other than a country
referred to in subsection (d) that is seeking to possess or
otherwise acquire such weapons, technology, or materials, or
other system that the Secretary or the Secretary of Defense has
reason to believe could be used to develop, acquire, or deliver
NBC weapons.
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\6\ 50 U.S.C. 2368.
\7\ In Delegation of Authority 304 dated February 16, 2006 (73 F.R.
25822; May 7, 2008), the Secretary of State delegated to the Under
Secretary of State for Arms Control and International Security the
authority to approve submission of the report to Congress required in
sec. 1308.
\8\ In sec. 1(a)(13) of Executive Order 13313 of July 31, 2003 (68
F.R. 46073; August 5, 2003), the President assigned the reporting
duties in subsec. (a) to the Secretary of State.
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(b) Matters To Be Included.--Each such report shall
include--
(1) the transfer of all aircraft, cruise missiles,
artillery weapons, unguided rockets and multiple rocket
systems, and related bombs, shells, warheads and other
weaponization technology and materials that the
Secretary or the Secretary of Defense has reason to
believe may be intended for the delivery of NBC
weapons;
(2) international transfers of MTCR equipment or
technology to any country that is seeking to acquire
such equipment or any other system that the Secretary
or the Secretary of Defense has reason to believe may
be used to deliver NBC weapons; and
(3) the transfer of technology, test equipment,
radioactive materials, feedstocks and cultures, and all
other specialized materials that the Secretary or the
Secretary of Defense has reason to believe could be
used to manufacture NBC weapons.
(c) Content of Report.--Each such report shall include the
following with respect to preceding calendar year:
(1) The status of missile, aircraft, and other NBC
weapons delivery and weaponization programs in any such
country, including efforts by such country or by any
subnational group to acquire MTCR-controlled equipment,
NBC-capable aircraft, or any other weapon or major
weapon component which may be utilized in the delivery
of NBC weapons, whose primary use is the delivery of
NBC weapons, or that the Secretary or the Secretary of
Defense has reason to believe could be used to deliver
NBC weapons.
(2) The status of NBC weapons development,
acquisition, manufacture, stockpiling, and deployment
programs in any such country, including efforts by such
country or by any subnational group to acquire
essential test equipment, manufacturing equipment and
technology, weaponization equipment and technology, and
radioactive material, feedstocks or components of
feedstocks, and biological cultures and toxins.
(3) A description of assistance provided by any
person or government, after the date of the enactment
of this Act, to any such country or subnational group
in the acquisition or development of--
(A) NBC weapons;
(B) missile systems, as defined in the MTCR
or that the Secretary or the Secretary of
Defense has reason to believe may be used to
deliver NBC weapons; and
(C) aircraft and other delivery systems and
weapons that the Secretary or the Secretary of
Defense has reason to believe could be used to
deliver NBC weapons.
(4) A listing of those persons and countries that
continue to provide such equipment or technology
described in paragraph (3) to any country or
subnational group as of the date of submission of the
report, including the extent to which foreign persons
and countries were found to have knowingly and
materiallyassisted such programs.
(5) A description of the use of, or substantial
preparations to use, the equipment of technology
described in paragraph (3) by any foreign country or
subnational group.
(6) A description of the diplomatic measures that the
United States, and that other adherents to the MTCR and
other arrangements affecting the acquisition and
delivery of NBC weapons, have made with respect to
activities and private persons and governments
suspected of violating the MTCR and such other
arrangements.
(7) An analysis of the effectiveness of the
regulatory and enforcement regimes of the United States
and other countries that adhere to the MTCR and other
arrangements affecting the acquisition and delivery of
NBC weapons in controlling the export of MTCR and other
NBC weapons and delivery system equipment or
technology.
(8) A summary of advisory opinions issued under
section 11B(b)(4) of the Export Administration Act of
1979 (50 U.S.C. App. 2401b(b)(4)) and under section
73(d) of the Arms Export Control Act (22 U.S.C.
2797b(d)).
(9) An explanation of United States policy regarding
the transfer of MTCR equipment or technology to foreign
missile programs, including programs involving launches
of space vehicles.
(10) A description of each transfer by any person or
government during the preceding 12-month period which
is subject to sanctions under the Iran-Iraq Arms Non-
Proliferation Act of 1992 (title XVI of Public Law 102-
484).
(d) Exclusions.--The countries excluded under subsection
(a) are Australia, Belgium, Canada, the Czech Republic,
Denmark, France, Germany, Greece, Hungary, Iceland, Italy,
Japan, Luxembourg, the Netherlands, New Zealand, Norway,
Poland, Portugal, Spain, Turkey, the United Kingdom, and the
United States.
(e) Classification of Report.--The Secretary shall make
every effort to submit all of the information required by this
section in unclassified form. Whenever the Secretary submits
any such information in classified form, the Secretary shall
submit such classified information in an addendum and shall
also submit concurrently a detailed summary, in unclassified
form, of that classified information.
(f) Definitions.--In this section:
(1) Designated congressional committees.--The term
``designated congressional committees'' means--
(A) the Committee on Appropriations, the
Committee on Armed Services, and the Committee
on International Relations of the House of
Representatives; and
(B) the Committee on Appropriations, the
Committee on Armed Services, and the Committee
on Foreign Relations of the Senate.
(2) Missile; mtcr; mtcr equipment or technology.--The
terms ``missile'', ``MTCR'', and ``MTCR equipment or
technology'' have the meanings given those terms in
section 74 of the Arms Export Control Act (22 U.S.C.
2797c).
(3) Person.--The term ``person'' means any United
States or foreign individual, partnership, corporation,
or other form of association, or any of its successor
entities, parents, or subsidiaries.
(4) Weaponize; weaponization.--The term ``weaponize''
or ``weaponization'' means to incorporate into, or the
incorporation into, usable ordnance or other militarily
useful means of delivery.
(g) Repeals.--
(1) In general.--The following provisions of law are
repealed:
(A) Section 1097 of the National Defense
Authorization Act for Fiscal Years 1992 and
1993 (22 U.S.C. 2751 note).
(B) Section 308 of the Chemical and
Biological Weapons Control and Warfare
Elimination Act of 1991 (22 U.S.C. 5606).
(C) Section 1607(a) of the Iran-Iraq Arms
Non-Proliferation Act of 1992 (Public Law 102-
484).\9\
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\9\ 50 U.S.C. 1701 note.
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(D) Paragraph (d) of section 585 of the
Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1997 (as
contained in section 101(c) of title I of
division A of Public Law 104-208; 110 Stat.
3009-171).\10\
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\10\ 22 U.S.C. 2656 note.
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(2) Conforming amendments.--Section 585 of the
Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1997,\10\ is amended-- * *
*
SEC. 1309. THREE-YEAR INTERNATIONAL ARMS CONTROL AND NONPROLIFERATION
STRATEGY.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of State shall prepare and submit to
the appropriate congressional committees a 3-year international
arms control and nonproliferation strategy. The strategy shall
contain the following:
(1) A 3-year plan for the reduction of existing
nuclear, chemical, and biological weapons and ballistic
missiles and for controlling the proliferation of these
weapons.
(2) Identification of the goals and objectives of the
United States with respect to arms control and
nonproliferation of weapons of mass destruction and
their delivery systems.
(3) A description of the programs, projects, and
activities of the Department of State intended to
accomplish goals and objectives described in paragraph
(2).
f. Russian Federation Debt Reduction for Nonproliferation Act of 2002
Partial text of Public Law 107-228 [Foreign Relations Authorization
Act, Fiscal Year 2003; H.R. 1646], 116 Stat. 1350, approved September
30, 2002
* * * * * * *
TITLE XIII--NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE
* * * * * * *
Subtitle B--Russian Federation Debt Reduction for Nonproliferation
SEC. 1311.\1\ SHORT TITLE.
This subtitle may be cited as the ``Russian Federation Debt
for Nonproliferation Act of 2002''.
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\1\ 22 U.S.C. 5952 note.
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SEC. 1312.\1\ FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) It is in the vital security interests of the
United States to prevent the spread of weapons of mass
destruction to additional states or to terrorist
organizations, and to ensure that other nations'
obligations to modify their stockpiles of such arms in
accordance with treaties, executive agreements, or
political commitments are fulfilled.
(2) In particular, it is in the vital national
security interests of the United States to ensure
that--
(A) all stocks of nuclear weapons and
weapons-usable nuclear material in the Russian
Federation are secure and accounted for;
(B) stocks of nuclear weapons and weapons-
usable nuclear material that are excess to
military needs in the Russian Federation are
monitored and reduced;
(C) any chemical or biological weapons,
related materials, and facilities in the
Russian Federation are destroyed;
(D) the Russian Federation's nuclear weapons
complex is reduced to a size appropriate to its
post-Cold War missions, and its experts in
weapons of mass destruction technologies are
shifted to gainful and sustainable civilian
employment;
(E) the Russian Federation's export control
system blocks any proliferation of weapons of
mass destruction, the means of delivering such
weapons, and materials, equipment, know-how, or
technology that would be used to develop,
produce, or deliver such weapons; and
(F) these objectives are accomplished with
sufficient monitoring and transparency to
provide confidence that they have in fact been
accomplished and that the funds provided to
accomplish these objectives have been spent
efficiently and effectively.
(3) United States programs should be designed to
accomplish these vital objectives in the Russian
Federation as rapidly as possible, and the President
should develop and present to Congress a plan for doing
so.
(4) Substantial progress has been made in United
States-Russian Federation cooperative programs to
achieve these objectives, but much more remains to be
done to reduce the urgent risks to United States
national security posed by the current state of the
Russian Federation's weapons of mass destruction
stockpiles and complexes.
(5) The threats posed by inadequate management of
weapons of mass destruction stockpiles and complexes in
the Russian Federation remain urgent. Incidents in
years immediately preceding 2001, which have been cited
by the Russia Task Force of the Secretary of Energy
Advisory Board, include--
(A) a conspiracy at one of the Russian
Federation's largest nuclear weapons facilities
to steal nearly enough highly enriched uranium
for a nuclear bomb;
(B) an attempt by an employee of the Russian
Federation's premier nuclear weapons facility
to sell nuclear weapons designs to agents of
Iraq and Afghanistan; and
(C) the theft of radioactive material from a
Russian Federation submarine base.
(6) Addressing these threats to United States and
world security will ultimately consume billions of
dollars, a burden that will have to be shared by the
Russian Federation, the United States, and other
governments, if these threats are to be neutralized.
(7) The creation of new funding streams could
accelerate progress in reducing these threats to United
States security and help the government of the Russian
Federation to fulfill its responsibility for secure
management of its weapons stockpiles and complexes as
United States assistance phases out.
(8) The Russian Federation has a significant foreign
debt, a substantial proportion of which it inherited
from the Soviet Union.
(9) Past debt-for-environment exchanges, in which a
portion of a country's foreign debt is canceled in
return for certain environmental commitments or
payments by that country, suggest that a debt-for-
nonproliferation exchange with the Russian Federation
could be designed to provide additional funding for
nonproliferation and arms reduction initiatives.
(10) Most of the Russian Federation's official
bilateral debt is held by United States allies that are
advanced industrial democracies. Since the issues
described pose threats to United States allies as well,
United States leadership that results in a larger
contribution from United States allies to cooperative
threat reduction activities will be needed.
(11) At the June 2002 meeting of the G-8 countries,
agreement was achieved on a G-8 Global Partnership
against the Spread of Weapons and Materials of Mass
Destruction, under which the advanced industrial
democracies committed to contribute $20,000,000,000 to
nonproliferation programs in the Russian Federation
during a 10-year period, with each contributing country
having the option to fund some or all of its
contribution through reduction in the Russian
Federation's official debt to that country.
(12) The Russian Federation's Soviet-era official
debt to the United States is estimated to be
$480,000,000 in Lend-Lease debt and $2,250,000,000 in
debt as a result of credits extended under title I of
the Agricultural Trade Development and Assistance Act
of 1954 (7 U.S.C. 1701 et seq.).
(b) Purposes.--The purposes of this subtitle are--
(1) to facilitate the accomplishment of the United
States objectives described in the findings set forth
in subsection (a) by providing for the use of a portion
of the Russian Federation's foreign debt to fund
nonproliferation programs, thus allowing the use of
additional resources for these purposes; and
(2) to help ensure that the resources made available
to the Russian Federation are targeted to the
accomplishment of the United States objectives
described in the findings set forth in subsection (a).
SEC. 1313.\1\ DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on International Relations
and the Committee on Appropriations of the
House of Representatives; and
(B) the Committee on Foreign Relations and
the Committee on Appropriations of the Senate.
(2) Cost.--The term ``cost'' has the meaning given
that term in section 502(5) of the Federal Credit
Reform Act of 1990 (2 U.S.C. 661a(5)).
(3) Russian federation nonproliferation investment
agreement or agreement.--The term ``Russian Federation
Nonproliferation Investment Agreement'' or
``Agreement'' means the agreement between the United
States and the Russian Federation entered into under
section 1315(a).
(4) Soviet-era debt.--The term ``Soviet-era debt''
means debt owed as a result of loans or credits
provided by the United States (or any agency of the
United States) to the Union of Soviet Socialist
Republics under the Lend Lease Act of 1941 or the
Commodity Credit Corporation Charter Act.
(5) State sponsor of international terrorism.--The
term ``state sponsor of international terrorism'' means
those countries that have been determined by the
Secretary of State, for the purposes of section 40 of
the Arms Export Control Act, section 620A of the
Foreign Assistance Act of 1961, or section 6(j) of the
Export Administration Act of 1979, to have repeatedly
provided support for acts of international terrorism.
SEC. 1314.\1\ AUTHORITY TO REDUCE THE RUSSIAN FEDERATION'S SOVIET-ERA
DEBT OBLIGATIONS TO THE UNITED STATES.
(a) Authority To Reduce Debt.--
(1) In general.--Upon the entry into force of a
Russian Federation Nonproliferation Investment
Agreement, the President may reduce amounts of Soviet-
era debt owed by the Russian Federation to the United
States (or any agency or instrumentality of the United
States) that are outstanding as of the last day of the
fiscal year preceding the fiscal year for which
appropriations are available for the reduction of debt,
in accordance with this subtitle.
(2) Limitation.--The authority provided by paragraph
(1) shall be available only to the extent that
appropriations for the cost (as defined in section
502(5) of the Federal Credit Reform Act of 1990) of
reducing any debt pursuant to such subsection are made
in advance.
(3) Supersedes existing law.--The authority provided
by paragraph (1) may be exercised notwithstanding
section 620(r) of the Foreign Assistance Act of 1961
(22 U.S.C. 2370(r)) or section 321 of the International
Development and Food Assistance Act of 1975.
(b) Implementation.--
(1) Delegation of authority.--The President may
delegate any authority conferred upon the President in
this subtitle to the Secretary of State.
(2) Establishment of terms and conditions.--
Consistent with this subtitle, the President shall
establish the terms and conditions under which loans
and credits may be reduced pursuant to subsection (a).
(3) Implementation.--In exercising the authority of
subsection (a), the President--
(A) shall notify--
(i) the Department of State, with
respect to obligations of the former
Soviet Union under the Lend Lease Act
of 1941; and
(ii) the Commodity Credit
Corporation, with respect to
obligations of the former Soviet Union
under the Commodity Credit Corporation
Act;
(B) shall direct the cancellation of old
obligations and the substitution of new
obligations consistent with the Russian
Federation Nonproliferation Investment
Agreement; and
(C) shall direct the appropriate agency to
make an adjustment in the relevant accounts to
reflect the new debt treatment.
(4) Deposit of repayments.--All repayments of
outstanding loan amounts under subsection (a) that are
not designated under a Russian Federation
Nonproliferation Investment Agreement shall be
deposited in the United States Government accounts
established for repayments of the original obligations.
(5) Not treated as foreign assistance.--Any reduction
of Soviet-era debt pursuant to this subtitle shall not
be considered assistance for the purposes of any
provision of law limiting assistance to a country.
(c) Authorization of Appropriation.--
(1) In general.--For the cost (as defined in section
502(5) of the Federal Credit Reform Act of 1990) of
modifying any Soviet-era debt obligation pursuant to
subsection (a), there are authorized to be appropriated
to the President such sums as may be necessary.
(2) Availability of funds.--Amounts appropriated
pursuant to paragraph (1) are authorized to remain
available until expended.
SEC. 1315.\1\ RUSSIAN FEDERATION NONPROLIFERATION INVESTMENT AGREEMENT.
(a) In General.--
(1) In general.--The President is authorized to enter
into an agreement with the Russian Federation under
which an amount equal to the value of the debt reduced
pursuant to section 1314 will be used to promote the
nonproliferation ofweapons of mass destruction and the
means of delivering such weapons. An agreement entered
into under this section may be referred to as the
``Russian Federation Nonproliferation Investment
Agreement''.
(2) Congressional notification.--The President shall
notify the appropriate congressional committees at
least 15 days in advance of the United States entering
into a Russian Federation Nonproliferation Investment
Agreement.
(b) Content of the Agreement.--The Russian Federation
Nonproliferation Investment Agreement shall ensure that--
(1) an amount equal to the value of the debt reduced
pursuant to this subtitle will be made available by the
Russian Federation for agreed nonproliferation programs
and projects;
(2) each program or project funded pursuant to the
Agreement will be approved by the President;
(3) the administration and oversight of
nonproliferation programs and projects will incorporate
best practices from established threat reduction and
nonproliferation assistance programs;
(4) each program or project funded pursuant to the
Agreement will be subject to monitoring and audits
conducted by or for the United States Government to
confirm that agreed funds are expended on agreed
projects and meet agreed targets and benchmarks;
(5) unobligated funds for investments pursuant to the
Agreement will not be diverted to other purposes;
(6) funds allocated to programs and projects pursuant
to the Agreement will not be subject to any taxation by
the Russian Federation;
(7) all matters relating to the intellectual property
rights and legal liabilities of United States firms in
any project will be agreed upon before the expenditure
of funds would be authorized for that project; and
(8) not less than 75 percent of the funds made
available for each nonproliferation program or project
under the Agreement will be spent in the Russian
Federation.
(c) Use of Existing Mechanisms.--It is the sense of
Congress that, to the extent practicable, the boards and
administrative mechanisms of existing threat reduction and
nonproliferation programs should be used in the administration
and oversight of programs and projects under the Agreement.
(d) Joint Auditing.--It is the sense of Congress that the
United States and the Russian Federation should consider
commissioning the United States General Accounting Office and
the Russian Chamber of Accounts to conduct joint audits to
ensure that the funds saved by the Russian Federation as a
result of any debt reduction are used exclusively, efficiently,
and effectively to implement agreed programs or projects
pursuant to the Agreement.
(e) Structure of the Agreement.--It is the sense of
Congress that the Agreement should provide for significant
penalties--
(1) if funds obligated for approved programs or
projects are determined to have been misappropriated;
and
(2) if the President is unable to make the
certification required by section 1317(a) for two
consecutive years.
SEC. 1316.\1\ INDEPENDENT MEDIA AND THE RULE OF LAW.
Notwithstanding section 1315 (a)(1) and (b)(1), up to 10
percent of the amount equal to the value of the debt reduced
pursuant to this subtitle may be used to promote a vibrant,
independent media sector and the rule of law in the Russian
Federation through an endowment to support the establishment of
a ``Center for an Independent Press and the Rule of Law'' in
the Russian Federation, which shall be directed by a joint
United States-Russian Board of Directors in which the majority
of members, including the chairman, shall be United States
personnel, and which shall be responsible for management of the
endowment, its funds, and the Center's programs.
SEC. 1317.\1\ RESTRICTION ON DEBT REDUCTION AUTHORITY.
(a) Proliferation to State Sponsors of Terrorism.--Subject
to the provisions of subsection (c), the debt reduction
authority provided by section 1314 may not be exercised unless
and until the President certifies to the appropriate
congressional committees that the Russian Federation has made
material progress in stemming the flow of sensitive goods,
technologies, material, and know-how related to the design,
development, and production of weapons of mass destruction and
the means to deliver them to state sponsors of international
terrorism.
(b) Annual Determination.--If, in any annual report to
Congress submitted pursuant to section 1321, the President
cannot certify that the Russian Federation continues to meet
the condition required in subsection (a), then, subject to the
provisions of subsection (c), the debt reduction authority
provided by section 1314 may not be exercised unless and until
such certification is made to the appropriate congressional
committees.
(c) Presidential Waiver.--The President may waive the
requirements of subsection (a) or (b) for a fiscal year if the
President--
(1) determines that application of the subsection for
a fiscal year would be counter to the national interest
of the United States; and
(2) so reports to the appropriate congressional
committees.
SEC. 1318.\1\ DISCUSSION OF RUSSIAN FEDERATION DEBT REDUCTION FOR
NONPROLIFERATION WITH OTHER CREDITOR STATES.
It is the sense of Congress that the President and such
other appropriate officials as the President may designate
should pursue discussions with other creditor states with the
objectives of--
(1) ensuring that other advanced industrial
democracies, especially the largest holders of Soviet-
era Russian debt, dedicate significant proportions of
their bilateral official debt with the Russian
Federation or equivalent amounts of direct assistance
to the G-8 Global Partnership against the Spread of
Weapons and Materials of Mass Destruction, as agreed
upon in the Statement by G-8 Leaders on June 27, 2002;
and
(2) reaching agreement, as appropriate, to establish
a unified Russian Federation official debt reduction
fund to manage and provide financial transparency for
the resources provided by creditor states through debt
reductions.
SEC. 1319.\1\ IMPLEMENTATION OF UNITED STATES POLICY.
It is the sense of Congress that implementation of debt-
for-nonproliferation programs with the Russian Federation
should be overseen by the coordinating mechanism established
pursuant to section 1334 of this Act.
SEC. 1320.\1\ CONSULTATIONS WITH CONGRESS.
The President shall consult with the appropriate
congressional committees on a periodic basis to review the
implementation of this subtitle and the Russian Federation's
eligibility for debt reduction pursuant to this subtitle.
SEC. 1321.\1\,\2\ ANNUAL REPORTS TO CONGRESS.
Not later than December 31, 2003, and not later than
December 31 of each year thereafter, the President shall
prepare and transmit to Congress a report concerning actions
taken to implement this subtitle during the fiscal year
preceding the fiscal year in which the report is transmitted.
The report on a fiscal year shall include--
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\2\ In a memorandum to the Secretary of State dated July 18, 2006
(71 F.R. 42747; July 28, 2006), the President assigned the functions of
the President under sec. 1321 to the Secretary of State.
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(1) a description of the activities undertaken
pursuant to this subtitle during the fiscal year;
(2) a description of the nature and amounts of the
loans reduced pursuant to this subtitle during the
fiscal year;
(3) a description of any agreement entered into under
this subtitle;
(4) a description of the progress during the fiscal
year of any projects funded pursuant to this subtitle;
(5) a summary of the results of relevant audits
performed in the fiscal year; and
(6) a certification, if appropriate, that the Russian
Federation continued to meet the condition required by
section 1317(a), and an explanation of why the
certification was or was not made.
g. Nonproliferation Assistance Coordination Act of 2002
Partial text of Public Law 107-228 [Foreign Relations Authorization
Act, Fiscal Year 2003; H.R. 1646], 116 Stat. 1350, approved September
30, 2002
* * * * * * *
TITLE XIII--NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE
* * * * * * *
Subtitle C--Nonproliferation Assistance Coordination
SEC. 1331.\1\ SHORT TITLE.
This subtitle may be cited as the ``Nonproliferation
Assistance Coordination Act of 2002''.
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\1\ 50 U.S.C. 2301 note.
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SEC. 1332.\2\ FINDINGS.
Congress finds that--
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\2\ 50 U.S.C. 2357.
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(1) United States nonproliferation efforts in the
independent states of the former Soviet Union have
achieved important results in ensuring that weapons of
mass destruction, weapons-usable material and
technology, and weapons-related knowledge remain beyond
the reach of terrorists and weapons-proliferating
states;
(2) although these efforts are in the United States
national security interest, the effectiveness of these
efforts has suffered from a lack of coordination within
and among United States Government agencies;
(3) increased spending and investment by the United
States private sector on nonproliferation efforts in
the independent states of the former Soviet Union,
specifically, spending and investment by the United
States private sector in job creation initiatives and
proposals for unemployed Russian Federation weapons
scientists and technicians, are making an important
contribution in ensuring that knowledge related to
weapons of mass destruction remains beyond the reach of
terrorists and weapons-proliferating states; and
(4) increased spending and investment by the United
States private sector on nonproliferation efforts in
the independent states of the former Soviet Union make
advisable the establishment of a coordinating body to
ensure that United States public and private efforts
are not in conflict, and to ensure that public spending
on efforts by the independent states of the former
Soviet Union is maximized to ensure efficiency and
further United States national security interests.
SEC. 1333.\3\ DEFINITIONS.
(a) Independent States of the Former Soviet Union.--In this
subtitle, the term ``independent states of the former Soviet
Union'' has the meaning given the term in section 3 of the
FREEDOM Support Act (22 U.S.C. 5801).
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\3\ 50 U.S.C. 2357a.
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(b) Appropriate Committees of Congress.--In this subtitle,
the term ``the appropriate committees of Congress'' means the
Committees on Foreign Relations, Armed Services, and
Appropriations of the Senate and the Committees on
International Relations, Armed Services, and Appropriations of
the House of Representatives.
SEC. 1334.\4\ ESTABLISHMENT OF COMMITTEE ON NONPROLIFERATION
ASSISTANCE.
(a) In General.--The President shall establish a mechanism
to coordinate, with the maximum possible effectiveness and
efficiency, the efforts of United States Government departments
and agencies engaged in formulating policy and carrying out
programs for achieving nonproliferation and threat reduction.
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\4\ 50 U.S.C. 2357b.
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(b) Membership.--The coordination mechanism established
pursuant to subsection (a) shall include--
(1) representatives designated by--
(A) the Secretary of State;
(B) the Secretary of Defense;
(C) the Secretary of Energy;
(D) the Secretary of Commerce;
(E) the Attorney General; and
(F) the Director of the Office of Homeland
Security, or the head of a successor department
or agency; and
(2) such other executive branch officials as the
President may select.
(c) Level of Representation.--To the maximum extent
possible, each department or agency's representative designated
pursuant to subsection (b)(1) shall be an official of that
department or agency who has been appointed by the President
with the advice and consent of the Senate.
(d) Chair.--The President shall designate an official to
direct the coordination mechanism established pursuant to
subsection (a). The official so designated may invite the head
of any other department or agency of the United States to
designate a representative of that department or agency to
participate from time to time in the activities of the
Committee.
SEC. 1335.\5\ PURPOSES AND AUTHORITY.
(a) Purposes.--
(1) In general.--The primary purpose of the
coordination mechanism established pursuant to section
1334 of this Act should be--
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\5\ 50 U.S.C. 2357c.
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(A) to exercise continuing responsibility for
coordinating worldwide United States
nonproliferation and threat reduction efforts
to ensure that they effectively implement
United States policy; and
(B) to enhance the ability of participating
departments and agencies to anticipate growing
nonproliferation areas of concern.
(2) Program monitoring and coordination.--The
coordination mechanism established pursuant to section
1334 of this Act should have primary continuing
responsibility within the executive branch of the
Government for--
(A) United States nonproliferation and threat
reduction efforts, and particularly such
efforts in the independent states of the former
Soviet Union; and
(B) coordinating the implementation of United
States policy with respect to such efforts.
(b) Authority.--In carrying out the responsibilities
described in subsection (a), the coordination mechanism
established pursuant to section 1334 of this Act should have,
at a minimum, the authority to--
(1) establish such subcommittees and working groups
as it deems necessary;
(2) direct the preparation of analyses on issues and
problems relating to coordination within and among
United States departments and agencies on
nonproliferation and threat reduction efforts;
(3) direct the preparation of analyses on issues and
problems relating to coordination between the United
States public and private sectors on nonproliferation
and threat reduction efforts, including coordination
between public and private spending on nonproliferation
and threat reduction programs and coordination between
public spending and private investment in defense
conversion activities of the independent states of the
former Soviet Union;
(4) provide guidance on arrangements that will
coordinate, deconflict, and maximize the utility of
United States public spending on nonproliferation and
threat reduction programs, and particularly such
efforts in the independent states of the former Soviet
Union;
(5) encourage companies and nongovernmental
organizations involved in nonproliferation efforts of
the independent states of the former Soviet Union or
other countries of concern to voluntarily report these
efforts to it;
(6) direct the preparation of analyses on issues and
problems relating to the coordination between the
United States and other countries with respect to
nonproliferation efforts, and particularly such efforts
in the independent states of the former Soviet Union;
and
(7) consider, and make recommendations to the
President with respect to, proposals for such new
legislation or regulations relating to United States
nonproliferation efforts as may be necessary.
SEC. 1336.\6\ ADMINISTRATIVE SUPPORT.
All United States departments and agencies shall provide,
to the extent permitted by law, such information and assistance
as may be requested by the coordination mechanism established
pursuant to section 1334 of this Act, in carrying out its
functions and activities under this subtitle.
---------------------------------------------------------------------------
\6\ 50 U.S.C. 2357d.
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SEC. 1337.\7\ CONFIDENTIALITY OF INFORMATION.
Information which has been submitted to or received by the
coordination mechanism established pursuant to section 1334 of
this Act in confidence shall not be publicly disclosed, except
to the extent required by law, and such information shall be
used by it only for the purpose of carrying out the functions
set forth in this subtitle.
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\7\ 50 U.S.C. 2357e.
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SEC. 1338.\8\ STATUTORY CONSTRUCTION.
Nothing in this subtitle--
---------------------------------------------------------------------------
\8\ 50 U.S.C. 2357f.
---------------------------------------------------------------------------
(1) applies to the data-gathering, regulatory, or
enforcement authority of any existing United States
department or agency over nonproliferation efforts in
the independent states of the former Soviet Union, and
the review of those efforts undertaken by the
coordination mechanism established pursuant to section
1334 of this Act shall not in any way supersede or
prejudice any other process provided by law; or
(2) applies to any activity that is reportable
pursuant to title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.).
SEC. 1339.\9\ REPORTING AND CONSULTATION.
(a) Presidential Report.--Not later than 120 days after
each inauguration of a President, the President shall submit a
report to the Congress on his general and specific
nonproliferation and threat reduction objectives and how the
efforts of executive branch agencies will be coordinated most
effectively, pursuant to section 1334 of this Act, to achieve
those objectives.
---------------------------------------------------------------------------
\9\ 50 U.S.C. 2357g.
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(b) Consultation.--The President should consult with and
brief, from time to time, the appropriate committees of
Congress regarding the efficacy of the coordination mechanism
established pursuant to section 1334 of this Act in achieving
its stated objectives.
h. Iran Nuclear Proliferation Prevention Act of 2002
Partial text of Public Law 107-228 [Foreign Relations Authorization
Act, Fiscal Year 2003; H.R. 1646], 116 Stat. 1350, approved September
30, 2002
* * * * * * *
TITLE XIII--NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE
* * * * * * *
Subtitle D--Iran Nuclear Proliferation Prevention Act of 2002
SEC. 1341.\1\ SHORT TITLE.
This subtitle may be cited as the ``Iran Nuclear
Proliferation Prevention Act of 2002''.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 2021 note.
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SEC. 1342. WITHHOLDING OF VOLUNTARY CONTRIBUTIONS TO THE INTERNATIONAL
ATOMIC ENERGY AGENCY FOR PROGRAMS AND PROJECTS IN
IRAN.
Section 307 of the Foreign Assistance Act of 1961 (22
U.S.C. 2227) is amended * * *
SEC. 1343.\2\ ANNUAL REVIEW BY SECRETARY OF STATE OF PROGRAMS AND
PROJECTS OF THE INTERNATIONAL ATOMIC ENERGY AGENCY;
UNITED STATES OPPOSITION TO CERTAIN PROGRAMS AND
PROJECTS OF THE AGENCY.
(a) Annual Review.--
(1) In general.--The Secretary shall undertake a
comprehensive annual review of all programs and
projects of the International Atomic Energy Agency
(IAEA) in the countries described in section 307(a) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2227(a))
and shall determine if such programs and projects are
consistent with United States nuclear nonproliferation
and safety goals.
---------------------------------------------------------------------------
\2\ 22 U.S.C. 2027.
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(2) \3\ Report.--Not later than one year after the
date of enactment of this Act, and on an annual basis
thereafter for five years, the Secretary shall submit
to Congress a report containing the results of the
review under paragraph (1).
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\3\ In Delegation of Authority 304 dated February 16, 2006 (73 F.R.
25822; May 7, 2008), the Secretary of State delegated to the Under
Secretary of State for Arms Control and International Security the
authority to approve submission of the report to Congress required in
sec. 1343(a)(2).
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(b) Opposition to Certain Programs and Projects of
International Atomic Energy Agency.--The Secretary shall direct
the United States representative to the International Atomic
Energy Agency to oppose programs of the Agency that are
determined by the Secretary under the review conducted under
subsection (a)(1) to be inconsistent with nuclear
nonproliferation and safety goals of the United States.
SEC. 1344.\1\,\4\ REPORTING REQUIREMENTS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, and on an annual basis thereafter for
five years, the Secretary, in consultation with the United
States representative to the International Atomic Energy
Agency, shall prepare and submit to Congress a report that
contains--
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\4\ In Delegation of Authority 304 dated February 16, 2006 (73 F.R.
25822; May 7, 2008), the Secretary of State delegated to the Under
Secretary of State for Arms Control and International Security the
authority to approve submission of the report to Congress required in
sec. 1344.
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(1) a description of the total amount of annual
assistance to Iran from the International Atomic Energy
Agency;
(2) a list of Iranian officials in leadership
positions at the Agency;
(3) the expected timeframe for the completion of the
nuclear power reactors at the Bushehr nuclear power
plant;
(4) a summary of the nuclear materials and technology
transferred to Iran from the Agency in the preceding
year that could assist in the development of Iran's
nuclear weapons program; and
(5) a description of all programs and projects of the
International Atomic Energy Agency in each country
described in section 307(a) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2227(a)) and any inconsistencies
between the technical cooperation and assistance
programs and projects of the Agency and United States
nuclear nonproliferation and safety goals in those
countries.
(b) Additional Requirement.--The report required to be
submitted under subsection (a) shall be submitted in an
unclassified form, to the extent appropriate, but may include a
classified annex.
SEC. 1345. SENSE OF CONGRESS.
It is the sense of Congress that the President should
pursue internal reforms at the International Atomic Energy
Agency that will ensure that all programs and projects funded
under the Technical Cooperation and Assistance Fund of the
Agency are compatible with United States nuclear
nonproliferation policy and international nuclear
nonproliferation norms.
i. Miscellaneous Nonproliferation Provisions in Foreign Relations
Authorization Act, Fiscal Year 2003
Partial text of Public Law 107-228 [Foreign Relations Authorization
Act, Fiscal Year 2003; H.R. 1646], 116 Stat. 1350, approved September
30, 2002
AN ACT To authorize appropriations for the Department of State for
fiscal year 2003, to authorize appropriations under the Arms Export
Control Act and the Foreign Assistance Act of 1961 for security
assistance for fiscal year 2003, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Relations
Authorization Act, Fiscal Year 2003''.
* * * * * * *
TITLE XVI--MISCELLANEOUS PROVISIONS
SEC. 1601. NUCLEAR AND MISSILE NONPROLIFERATION IN SOUTH ASIA.
(a) United States Policy.--It shall be the policy of the
United States, consistent with its obligations under the Treaty
on the Non-Proliferation of Nuclear Weapons (21 U.S.T. 483), to
encourage and work with the governments of India and Pakistan
to achieve the following objectives by September 30, 2003:
(1) Continuation of a nuclear testing moratorium.
(2) Commitment not to deploy nuclear weapons.
(3) Commitment not to deploy ballistic missiles that
can carry nuclear weapons and to restrain the ranges
and types of missiles developed or deployed.
(4) Agreement by both governments to bring their
export controls in accord with the guidelines and
requirements of the Nuclear Suppliers Group.
(5) Agreement by both governments to bring their
export controls in accord with the guidelines and
requirements of the Zangger Committee.
(6) Agreement by both governments to bring their
export controls in accord with the guidelines,
requirements, and annexes of the Missile Technology
Control Regime.
(7) Establishment of a modern, effective system to
control the export of sensitive dual-use items,
technology, technical information, and materiel that
can be used in the design, development, or production
of weapons of mass destruction and ballistic missiles.
(8) Conduct of bilateral meetings between Indian and
Pakistani senior officials to discuss security issues
and establish confidence-building measures with respect
to nuclear policies and programs.
(b) Further United States Policy.--It shall also be the
policy of the United States, consistent with its obligations
under the Treaty on the Nonproliferation of Nuclear Weapons (21
U.S.T. 483), to encourage, and, where appropriate, to work
with, the Governments of India and Pakistan to achieve not
later than September 30, 2003, the establishment by those
governments of modern, effective systems to protect and secure
their nuclear devices and materiel from unauthorized use,
accidental employment, or theft. Any such dialogue with India
or Pakistan would not be represented or considered, nor would
it be intended, as granting any recognition to India or
Pakistan, as appropriate, as a nuclear weapon state (as defined
in the Treaty on the Non-Proliferation of Nuclear Weapons).
(c) Report.--Not later than March 1, 2003, the President
shall submit to the appropriate congressional committees a
report describing United States efforts to achieve the
objectives listed in subsections (a) and (b), the progress made
toward the achievement of those objectives, and the likelihood
that each objective will be achieved by September 30, 2003.
SEC. 1602.\1\ REAL-TIME PUBLIC AVAILABILITY OF RAW SEISMOLOGICAL DATA.
The head of the Air Force Technical Applications Center
shall make available to the public, immediately upon receipt or
as soon after receipt as is practicable, all raw seismological
data provided to the United States Government by any
international monitoring organization that is directly
responsible for seismological monitoring.
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\1\ 42 U.S.C. 7704 note.
---------------------------------------------------------------------------
SEC. 1603. DETAILING UNITED STATES GOVERNMENTAL PERSONNEL TO
INTERNATIONAL ARMS CONTROL AND NONPROLIFERATION
ORGANIZATIONS.
(a) In General.--The Secretary, in consultation with the
Secretaries of Defense and Energy and the heads of other
relevant United States departments and agencies, as
appropriate, should develop measures to improve the process by
which United States Government personnel may be detailed to
international arms control and nonproliferation organizations
without adversely affecting the pay or career advancement of
such personnel.
(b) Report Required.--Not later than May 1, 2003, the
Secretary shall submit a report to the Committee on Foreign
Relations of the Senate and the Committee on International
Relations of the House of Representatives setting forth the
measures taken under subsection (a).
SEC. 1604.\2\ DIPLOMATIC PRESENCE OVERSEAS.
(a) Purpose.--The purpose of this section is to--
---------------------------------------------------------------------------
\2\ 22 U.S.C. 2655b.
---------------------------------------------------------------------------
(1) elevate the stature given United States
diplomatic initiatives relating to nonproliferation and
political-military issues; and
(2) develop a group of highly specialized, technical
experts with country expertise capable of administering
the nonproliferation and political-military affairs
functions of the Department.
(b) Authority.--To carry out the purposes of subsection
(a), the Secretary is authorized to establish the position of
Counselor for Nonproliferation and Political Military Affairs
in United States diplomatic missions overseas, to be filled by
individuals who are career Civil Service officers or Foreign
Service officers committed to follow-on assignments in the
Nonproliferation Bureau or the Political Military Affairs
Bureau of the Department.
(c) Training.--After being selected to serve as Counselor,
any person so selected shall spend not less than 10 months in
language training courses at the Foreign Service Institute, or
in technical courses administered by the Department of Defense,
the Department of Energy, or other appropriate departments and
agencies of the United States, except that such requirement for
training may be waived by the Secretary.
SEC. 1605. COMPLIANCE WITH THE CHEMICAL WEAPONS CONVENTION.
(a) Findings.--Congress makes the following findings:
(1) On April 24, 1997, the Senate provided its advice
and consent to ratification of the Chemical Weapons
Convention subject to the condition, among others, that
the President certify that no sample collected in the
United States pursuant to the Convention will be
transferred for analysis to any laboratory outside the
territory of the United States.
(2) Congress enacted the same condition into law as
section 304(f)(1) of the Chemical Weapons Convention
Implementation Act of 1998 (22 U.S.C. 6724(f)(1)).
(3) Part II, paragraph 57, of the Verification Annex
of the Convention requires that all samples requiring
off-site analysis under the Convention shall be
analyzed by at least two laboratories that have been
designated as capable of conducting such testing by the
OPCW.
(4) The only United States laboratory currently
designated by the OPCW is the United States Army
Edgewood Forensic Science Laboratory.
(5) In order to comply with the Chemical Weapons
Convention, the certification submitted pursuant to
condition (18) of the resolution of ratification of the
Chemical Weapons Convention, and the requirements of
section 304(f)(1) of the Chemical Weapons Convention
Implementation Act of 1998 (22 U.S.C. 6724(f)(1)), the
United States must possess, at a minimum, a second
OPCW-designated laboratory.
(6) The possession of a second OPCW-designated
laboratory is necessary in view of the potential for a
challenge inspection to be initiated against the United
States by a foreign nation.
(7) The possession of a third OPCW-designated
laboratory would enable the OPCW to implement its
normal sample analysis procedures, which randomly
assign real and manufactured samples so that no
laboratory knows the origin of a given sample.
(8) To qualify as a designated laboratory, a
laboratory must be certified under ISO Guide 25 or a
higher standard and complete three proficiency tests.
The laboratory must have the full capability to handle
substances listed on Schedule 1 of the Annex on
Schedules of Chemicals of the Chemical Weapons
Convention. In order to handle such substances in the
United States, a laboratory also must operate under a
bailment agreement with the United States Army.
(9) Several existing United States commercial
laboratories have approved quality control systems,
already possess bailment agreements with the United
States Army, and have the capabilities necessary to
obtain OPCW designation.
(10) In order to bolster the legitimacy of United
States analysis of samples taken on its national
territory, it is preferable that one designated
laboratory not be a United States Government facility.
(b) Establishment of Non-Governmental Designated
Laboratory.--
(1) Report.--Not later than March 1, 2003, the United
States National Authority, as designated under section
101 of the Chemical Weapons Convention Implementation
Act of 1998 (22 U.S.C. 6711) (referred to in this
section as the ``National Authority''), shall submit to
the appropriate congressional committees a report
detailing a plan for securing OPCW designation of a
nongovernmental United States laboratory by December 1,
2004.
(2) Directive.--Not later than June 1, 2003, the
National Authority shall select, through competitive
procedures, a nongovernmental laboratory within the
United States to pursue designation by the OPCW.
(3) Delegation.--The National Authority may delegate
the authority and administrative responsibility for
carrying out paragraph (2) to one or more of the heads
of the agencies described in section 101(b)(2) of the
Chemical Weapons Convention Implementation Act of 1998
(22 U.S.C. 6711(b)(2)).
(c) Definitions.--In this section:
(1) Chemical weapons convention or convention.--The
term ``Chemical Weapons Convention'' or ``Convention''
means the Convention on the Prohibition of Development,
Production, Stockpiling and Use of Chemical Weapons and
on Their Destruction, Opened for Signature and Signed
by the United States at Paris on January 13, 1993,
including the following protocols and memorandum of
understanding:
(A) The Annex on Chemicals.
(B) The Annex on Implementation and
Verification.
(C) The Annex on the Protection of
Confidential Information.
(D) The Resolution Establishing the
Preparatory Commission for the Organization for
the Prohibition of Chemical Weapons.
(E) The Text on the Establishment of a
Preparatory Commission.
(2) OPCW.--The term ``OPCW'' means the Organization
for the Prohibition of Chemical Weapons established
under the Convention.
j. Iran, North Korea, and Syria Nonproliferation Act
Public Law 106-178 [Iran Nonproliferation Act of 2000; H.R. 1883], 114
Stat. 38, approved March 14, 2000; as amended by Public Law 107-228
[Foreign Relations Authorization Act, Fiscal Year 2003; H.R. 1646], 116
Stat. 1350, approved September 30, 2002; Public Law 109-112 [Iran
Nonproliferation Amendments Act of 2005; S. 1713], 119 Stat. 2366,
approved November 22, 2005; and Public Law 109-353 [North Korea
Nonproliferation Act of 2006; S. 3728], 120 Stat. 2015, approved
October 13, 2006
AN ACT To provide for the application of measures to foreign persons
who transfer to Iran certain goods, services, or technology, and for
other purposes.
SECTION 1.\1\ SHORT TITLE.
This Act may be cited as the ``Iran, North Korea, and Syria
Nonproliferation Act''.\2\
---------------------------------------------------------------------------
\1\ 50 U.S.C. 1701 note.
\2\ Sec. 4(e) of the Iran Nonproliferation Amendments Act of 2005
(Public Law 109-112; 119 Stat. 2369) struck out ``Iran Nonproliferation
Act of 2000'' and inserted in lieu thereof ``Iran and Syria
Nonproliferation Act''. Subsequently, sec. 3(b)(1) of the North Korea
Nonproliferation Act of 2006 (Public Law 109-353; 120 Stat. 2016)
inserted ``, North Korea,'' after ``Iran''.
Sec. 2 of the North Korea Nonproliferation Act of 2006 (Public Law
109-353; 120 Stat. 2015) states as follows:
---------------------------------------------------------------------------
``sec. 2. statement of policy.
---------------------------------------------------------------------------
``(a) In view of--
---------------------------------------------------------------------------
``(1) North Korea's manifest determination to produce missiles, nuclear
weapons, and other weapons of mass destruction and to proliferate missiles,
in violation of international norms and expectations; and
``(2) United Nations Security Council Resolution 1695, adopted on July
15, 2006, which requires all Member States, in accordance with their
national legal authorities and consistent with international law, to
exercise vigilance and prevent--
``(A) missile and missile-related items, materials, goods, and technology
from being transferred to North Korea's missile or weapons of mass
destruction programs; and
``(B) the procurement of missiles or missile-related items, materials,
goods, and technology from North Korea, and the transfer of any financial
resources in relation to North Korea's missile or weapons of mass
destruction programs,
``it should be the policy of the United States to impose sanctions on
persons who transfer such weapons, and goods and technology related to such
weapons, to and from North Korea in the same manner as persons who transfer
such items to and from Iran and Syria currently are sanctioned under United
States law.''.
---------------------------------------------------------------------------
Sec. 4 of the Act (120 Stat. 2016) states the following:
---------------------------------------------------------------------------
``sec. 4. sense of congress on international cooperation.
---------------------------------------------------------------------------
``Congress urges all governments to comply promptly with United
Nations Security Council Resolution 1695 and to impose measures on
persons involved in such proliferation that are similar to those
imposed by the United States Government pursuant to the Iran, North
Korea, and Syria Nonproliferation Act (Public Law 106-178; 50 U.S.C.
1701 note), as amended by this Act.''.
---------------------------------------------------------------------------
SEC. 2.\3\ REPORTS ON PROLIFERATION RELATING TO IRAN, NORTH KOREA, AND
SYRIA. \4\
(a) Reports.--The President shall, at the times specified
in subsection (b), submit to the Committee on International
Relations of the House of Representatives and the Committee on
Foreign Relations of the Senate a report identifying every
foreign person with respect to whom there is credible
information indicating that that person, on or after January 1,
1999, transferred to or acquired from \4\ Iran,\5\ on or after
January 1, 2005, transferred to or acquired from Syria \4\, or
on or after January 1, 2006, transferred to or acquired from
North Korea \6\--
---------------------------------------------------------------------------
\3\ Sec. 708 of the Security Assistance Act of 2000 (Public Law
106-280; 116 Stat. 862) reads in part:
---------------------------------------------------------------------------
``sec. 708. space cooperation with russian persons.
---------------------------------------------------------------------------
``(a) Annual Certification.--
---------------------------------------------------------------------------
``(1) Requirement.--The President shall submit each year to the
appropriate committees of Congress, with respect to each Russian person
described in paragraph (2), a certification that the reports required to be
submitted to Congress during the preceding calendar year under section 2 of
the Iran Nonproliferation Act of 2000 (Public Law 106-178) do not identify
that person on account of a transfer to Iran of goods, services, or
technology described in section 2(a)(1)(B) of such Act.
``(2) * * *
``(3) Exemption.--No activity or transfer which specifically has been the
subject of a Presidential determination pursuant to section 5(a)(1), (2),
or (3) of the Iran Nonproliferation Act of 2000 (Public Law 106-178) shall
cause a Russian person to be considered as having been identified in the
reports submitted during the preceding calendar year under section 2 of
that Act for the purposes of the certification required under paragraph
(1).''.
---------------------------------------------------------------------------
\4\ Sec. 4(a) of Public Law 109-112 (119 Stat. 2369) struck out
``to iran'' and inserted in lieu thereof ``relating to iran and syria''
in the heading of sec. 2; inserted ``or acquired from'' after
``transferred to'' and ``, or on or after January 1, 2005, transferred
to or acquired from Syria'' in sec. 2(a); and inserted ``or Syria, as
the case may be,'' after ``Iran'' in sec. 2(a)(2). Sec. 3(a)(1) of
Public Law 109-353 (120 Stat. 2015) subsequently inserted ``, north
korea,'' after ``iran'' in the heading of sec. 2.
\5\ Sec. 3(a)(2)(A)(i) of Public Law 109-353 (120 Stat. 2015)
struck out ``Iran, or'' and inserted in lieu thereof ``Iran,''.
\6\ Sec. 3(a)(2)(A)(ii) of Public Law 109-353 (120 Stat. 2016)
inserted ``, or on or after January 1, 2006, transferred to or acquired
from North Korea''. The direction in sec. 3(a)(2)(A)(ii) states first
that the new language should be inserted after ``Syria'', but then in
the same clause states this language would be inserted after ``Iran''.
In this volume the new language appears after ``Syria'', in accordance
with the first direction.
---------------------------------------------------------------------------
(1) goods, services, or technology listed on--
(A) the Nuclear Suppliers Group Guidelines
for the Export of Nuclear Material, Equipment
and Technology (published by the International
Atomic Energy Agency as Information Circular
INFCIRC/254/Rev.3/Part 1, and subsequent
revisions) and Guidelines for Transfers of
Nuclear-Related Dual-Use Equipment, Material,
and Related Technology (published by the
International Atomic Energy Agency as
Information Circular INFCIRC/254/Rev.3/Part 2,
and subsequent revisions);
(B) the Missile Technology Control Regime
Equipment and Technology Annex of June 11,
1996, and subsequent revisions;
(C) the lists of items and substances
relating to biological and chemical weapons the
export of which is controlled by the Australia
Group;
(D) the Schedule One or Schedule Two list of
toxic chemicals and precursors the export of
which is controlled pursuant to the Convention
on the Prohibition of the Development,
Production, Stockpiling and Use of Chemical
Weapons and on Their Destruction; or
(E) the Wassenaar Arrangement list of Dual
Use Goods and Technologies and Munitions list
of July 12, 1996, and subsequent revisions; or
(2) goods, services, or technology not listed on any
list identified in paragraph (1) but which nevertheless
would be, if they were United States goods, services,
or technology, prohibited for export to Iran, North
Korea,\7\ or Syria, as the case may be,\4\ because of
their potential to make a material contribution to the
development of nuclear, biological, or chemical
weapons, or of ballistic or cruise missile systems.
---------------------------------------------------------------------------
\7\ Sec. 3(a)(2)(B) of Public Law 109-353 (120 Stat. 2016) inserted
``, North Korea,'' after ``Iran''.
---------------------------------------------------------------------------
(b) Timing of Reports.--The reports under subsection (a)
shall be submitted not later than 90 days after the date of the
enactment of this Act, not later than 6 months after such date
of enactment, and not later than the end of each 6-month period
thereafter.
(c) Exceptions.--Any foreign person who--
(1) was identified in a previous report submitted
under subsection (a) on account of a particular
transfer; or
(2) has engaged in a transfer on behalf of, or in
concert with, the Government of the United States, is
not required to be identified on account of that same
transfer in any report submitted thereafter under this
section, except to the degree that new information has
emerged indicating that the particular transfer may
have continued, or been larger, more significant, or
different in nature than previously reported under this
section.
(d) Submission in Classified Form.--When the President
considers it appropriate, reports submitted under subsection
(a), or appropriate parts thereof, may be submitted in
classified form.
(e) \8\ Content of Reports.--Each report under subsection
(a) shall contain, with respect to each foreign person
identified in such report, a brief description of the type and
quantity of the goods, services, or technology transferred by
that person to Iran, the circumstances surrounding the
transfer, the usefulness of the transfer to Iranian weapons
programs, and the probable awareness or lack thereof of the
transfer on the part of the government with primary
jurisdiction over the person.
---------------------------------------------------------------------------
\8\ Sec. 1306(a) of the Foreign Relations Authorization Act, Fiscal
Year 2003 (division B of Public Law 107-228; 116 Stat. 1438) added
subsec. (e).
---------------------------------------------------------------------------
SEC. 3. APPLICATION OF MEASURES TO CERTAIN FOREIGN PERSONS.
(a) Application of Measures.--Subject to sections 4 and 5,
the President is authorized to apply with respect to each
foreign person identified in a report submitted pursuant to
section 2(a), for such period of time as he may determine, any
or all of the measures described in subsection (b).
(b) Description of Measures.--The measures referred to in
subsection (a) are the following:
(1) Executive order no. 12938 prohibitions.--The
measures set forth in subsections (b) and (c) of
section 4 of Executive Order No. 12938.
(2) Arms export prohibition.--Prohibition on United
States Government sales to that foreign person of any
item on the United States Munitions List as in effect
on August 8, 1995, and termination of sales to that
person of any defense articles, defense services, or
design and construction services under the Arms Export
Control Act.
(3) Dual use export prohibition.--Denial of licenses
and suspension of existing licenses for the transfer to
that person of items the export of which is controlled
under the Export Administration Act of 1979 or the
Export Administration Regulations.
(c) Effective Date of Measures.--Measures applied pursuant
to subsection (a) shall be effective with respect to a foreign
person no later than--
(1) 90 days after the report identifying the foreign
person is submitted, if the report is submitted on or
before the date required by section 2(b);
(2) 90 days after the date required by section 2(b)
for submitting the report, if the report identifying
the foreign person is submitted within 60 days after
that date; or
(3) on the date that the report identifying the
foreign person is submitted, if that report is
submitted more than 60 days after the date required by
section 2(b).
(d) Publication in Federal Register.--The application of
measures to a foreign person pursuant to subsection (a) shall
be announced by notice published in the Federal Register.\9\
---------------------------------------------------------------------------
\9\ In Public Notice 5483 dated July 31, 2006 (71 F.R. 44345;
August 4, 2006), the Department of State's Bureau of International
Security and Nonproliferation published a determination to apply
measures to seven foreign persons under sec. 3, effective July 28,
2006:
---------------------------------------------------------------------------
Korean Mining and Industrial Development Corporation (KOMID) (North
Korea)
Korea Pugang Trading Corporation (North Korea)
Center for Genetic Engineering and Biotechnology (Cuba)
Balaji Amines (India)
Prachi Poly Products (India)
Rosoboronexport (Russia)
Sukhoy (Russia)
The measures apply to any successor, sub-unit, or subsidiary of any of
these persons. The Bureau ended the measures against Sukhoy in Public
Notice 5632 dated November 22, 2006 (71 F.R. 69220; November 30, 2006),
with an effective date of November 21, 2006.
---------------------------------------------------------------------------
In Public Notice 5660 dated December 28, 2006 (72 F.R. 606; January
5, 2007), the Bureau published a determination to apply measures to 24
foreign persons, and any successor, sub-unit, or subsidiary of any of
these persons, under sec. 3, effective December 28, 2006:
---------------------------------------------------------------------------
China National Electronic Import-Export Company (CEIEC) (China)
China National Aero-Technology Import and Export Company (CATIC) (China)
Zibo Chemet Equipment Company (China)
Defense Industries Organization (DIO) (Iran)
Iran Electronics Industries (IEI) (Iran)
Sanam Industrial Group (SIG) (Iran)
NAB Export Company (Iran)
Abu Hamadi (Iraq)
Kal Al-Zuhiry (Iraq)
Korea Mining Development Corporation (KOMID) (North Korea)
Target Airfreight (Malaysia)
Aerospace Logistics Services (Mexico)
Arif Durrani (Pakistan)
Rosoboronexport (Russia)
Kolomna Design Bureau of Machine-Building (KBM) (Russia)
Tula Design Bureau of Instrument Building (KBP) (Russia)
Alexey Safonov (Russia)
Al Zarga Optical and Electronics Co. (Sudan)
Giad Industrial Complex (Sudan)
Yarmouk Industrial Complex (Sudan)
Army Supply Bureau (Syria)
Industrial Establishment of Defense (IED) (Syria)
Ministry of Defense (Syria)
Scientific Studies and Research Center (SSRC) (Syria)
---------------------------------------------------------------------------
In Public Notice 5781 dated April 17, 2007 (72 F.R. 20158; April
23, 2007), the Bureau published a determination to apply measures to 14
foreign persons, and any successor, sub-unit, or subsidiary of any of
these persons, under sec. 3, effective April 17, 2007:
---------------------------------------------------------------------------
China National Precision Machinery Import/Export Corporation (CPMIEC)
(China)
Shanghai Non-Ferrous Metals Pudong Development Trade Co. Ltd. (China)
Zibo Chemet Equipment Company (China)
Defense Industries Organization (DIO) (Iran)
Hizballah
Sokkia Singapore PTE Ltd. (Singapore)
Army Supply Bureau (Syria)
Syrian Air Force (Syria)
Syrian Navy (Syria)
Industrial Establishment of Defense (Syria)
Challenger Corporation (Malaysia)
Target Airfreight (Malaysia)
Aerospace Logistics Services (Mexico)
Arif Durrani (Pakistan)
---------------------------------------------------------------------------
In Public Notice 6414 dated October 16, 2008 (73 F.R. 63226;
October 23, 2008), the Bureau published a determination to apply
measures to 13 foreign persons, and any successor, sub-unit, or
subsidiary of any of these persons, under sec. 3, effective October 23,
2008:
---------------------------------------------------------------------------
China Xinshidai Company (China)
China Shipbuilding and Offshore International Corporation, LTD (China)
Huazhong CNC (China)
Islamic Revolutionary Guard Corps (IRGC) (Iran)
Korea Mining Development Corporation (North Korea)
Korea Taesong Trading Company (North Korea)
Yolin/Yullin Tech, Inc., Ltd. (South Korea)
Rosoboronexport (ROE) (Russia)
Sudan Master Technology (Sudan)
Sudan Technical Center Company (STC) (Sudan)
Army Supply Bureau (Syria)
R and M International FZCO (United Arab Emirates)
Venezuelan Military Industries Company (CAVIM) (Venezuela)
SEC. 4. PROCEDURES IF MEASURES ARE NOT APPLIED.
(a) Requirement To Notify Congress.--Should the President
not exercise the authority of section 3(a) to apply any or all
of the measures described in section 3(b) with respect to a
foreign person identified in a report submitted pursuant to
section 2(a), he shall so notify the Committee on International
Relations of the House of Representatives and the Committee on
Foreign Relations of the Senate no later than the effective
date under section 3(c) for measures with respect to that
person.
(b) Written Justification.--Any notification submitted by
the President under subsection (a) shall include a written
justification describing in detail the facts and circumstances
relating specifically to the foreign person identified in a
report submitted pursuant to section 2(a) that support the
President's decision not to exercise the authority of section
3(a) with respect to that person.
(c) Submission in Classified Form.--When the President
considers it appropriate, the notification of the President
under subsection (a), and the written justification under
subsection (b), or appropriate parts thereof, may be submitted
in classified form.
SEC. 5. DETERMINATION EXEMPTING FOREIGN PERSON FROM SECTIONS 3 AND 4.
(a) In General.--Sections 3 and 4 shall not apply to a
foreign person 15 days after the President reports to the
Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate that the President has determined, on the basis of
information provided by that person, or otherwise obtained by
the President, that--
(1) the person did not, on or after January 1, 1999,
knowingly transfer to or acquire from Iran, North
Korea,\10\ or Syria, as the case may be,\11\ the goods,
services, or technology the apparent transfer of which
caused that person to be identified in a report
submitted pursuant to section 2(a);
---------------------------------------------------------------------------
\10\ Sec. 3(b)(2) of Public Law 109-353 (120 Stat. 2016) inserted
``, North Korea,'' after ``Iran'' in paras. (1) and (2) of sec. 5(a).
\11\ Sec. 4(b)(1) of the Iran Nonproliferation Amendments Act of
2005 (Public Law 109-112; 119 Stat. 2369) struck out ``transfer to
Iran'' and inserted in lieu thereof ``transfer to or acquire from Iran
or Syria, as the case may be''.
---------------------------------------------------------------------------
(2) the goods, services, or technology the transfer
of which caused that person to be identified in a
report submitted pursuant to section 2(a) did not
materially contribute to the efforts of Iran, North
Korea,\10\ or Syria, as the case may be,\12\ to develop
nuclear, biological, or chemical weapons, or ballistic
or cruise missile systems, or weapons listed on the
Wassenaar Arrangement Munitions List of July 12, 1996,
or any subsequent revision of that list \13\;
---------------------------------------------------------------------------
\12\ Sec. 4(b)(2) of the Iran Nonproliferation Amendments Act of
2005 (Public Law 109-112; 119 Stat. 2369) struck out ``Iran's efforts''
and inserted in lieu thereof ``the efforts of Iran or Syria, as the
case may be,''.
\13\ Sec. 1306(b) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (division B of Public Law 107-228; 116 Stat. 1438)
struck out ``systems'' in this subsection and inserted in lieu thereof
``systems, or weapons listed on the Wassenaar Arrangement Munitions
List of July 12, 1996, or any subsequent revision of that list''.
---------------------------------------------------------------------------
(3) the person is subject to the primary jurisdiction
of a government that is an adherent to one or more
relevant nonproliferation regimes, the person was
identified in a report submitted pursuant to section
2(a) with respect to a transfer of goods, services, or
technology described in section 2(a)(1), and such
transfer was made consistent with the guidelines and
parameters of all such relevant regimes of which such
government is an adherent; or
(4) the government with primary jurisdiction over the
person has imposed meaningful penalties on that person
on account of the transfer of the goods, services, or
technology which caused that person to be identified in
a report submitted pursuant to section 2(a).
(b) Opportunity To Provide Information.--Congress urges the
President--
(1) in every appropriate case, to contact in a timely
fashion each foreign person identified in each report
submitted pursuant to section 2(a), or the government
with primary jurisdiction over such person, in order to
afford such person, or governments, the opportunity to
provide explanatory, exculpatory, or other additional
information with respect to the transfer that caused
such person to be identified in a report submitted
pursuant to section 2(a); and
(2) to exercise the authority in subsection (a) in
all cases where information obtained from a foreign
person identified in a report submitted pursuant to
section 2(a), or from the government with primary
jurisdiction over such person, establishes that the
exercise of such authority is warranted.
(c) Submission in Classified Form.--When the President
considers it appropriate, the determination and report of the
President under subsection (a), or appropriate parts thereof,
may be submitted in classified form.
SEC. 6. RESTRICTION ON EXTRAORDINARY PAYMENTS IN CONNECTION WITH THE
INTERNATIONAL SPACE STATION.
(a) Restriction on Extraordinary Payments in Connection
With the International Space Station.--Notwithstanding any
other provision of law, no agency of the United States
Government may make extraordinary payments in connection with
the International Space Station to the Russian Aviation and
Space Agency, any organization or entity under the jurisdiction
or control of the Russian Aviation and Space Agency, or any
other organization, entity, or element of the Government of the
Russian Federation, unless, during the fiscal year in which the
extraordinary payments in connection with the International
Space Station are to be made, the President has made the
determination described in subsection (b), and reported such
determination to the Committee on International Relations and
the Committee on Science of the House of Representatives and
the Committee on Foreign Relations and the Committee on
Commerce, Science, and Transportation of the Senate.
(b) Determination Regarding Russian Cooperation in
Preventing Proliferation Relating to Iran,\14\ North Korea, and
Syria.\15\--The determination referred to in subsection (a) is
a determination by the President that--
---------------------------------------------------------------------------
\14\ Sec. 401 of the Iran Freedom Support Act (P.L. 109-293; 120
Stat. 1349) states the following regarding preventing Iranian
proliferation:
---------------------------------------------------------------------------
``sec. 401. sense of congress.
---------------------------------------------------------------------------
``(a) Sense of Congress.--It should be the policy of the United
States not to bring into force an agreement for cooperation with the
government of any country that is assisting the nuclear program of Iran
or transferring advanced conventional weapons or missiles to Iran
unless the President has determined that--
---------------------------------------------------------------------------
``(1) Iran has suspended all enrichment-related and reprocessing-related
activity (including uranium conversion and research and development,
manufacturing, testing, and assembly relating to enrichment and
reprocessing), has committed to verifiably refrain permanently from such
activity in the future (except potentially the conversion of uranium
exclusively for export to foreign nuclear fuel production facilities
pursuant to internationally agreed arrangements and subject to strict
international safeguards), and is abiding by that commitment; or
``(2) the government of that country--
``(A) has, either on its own initiative or pursuant to a binding decision
of the United Nations Security Council, suspended all nuclear assistance to
Iran and all transfers of advanced conventional weapons and missiles to
Iran, pending a decision by Iran to implement measures that would permit
the President to make the determination described in paragraph (1); and
``(B) is committed to maintaining that suspension until Iran has
implemented measures that would permit the President to make such
determination.
---------------------------------------------------------------------------
``(b) Definitions.--In this section:
---------------------------------------------------------------------------
``(1) Agreement for cooperation.--The term `agreement for cooperation'
has the meaning given that term in section 11 b. of the Atomic Energy Act
of 1954 (42 U.S.C. 2014(b)).
``(2) Assisting the nuclear program of iran.--The term `assisting the
nuclear program of Iran' means the intentional transfer to Iran by a
government, or by a person subject to the jurisdiction of a government,
with the knowledge and acquiescence of that government, of goods, services,
or technology listed on the Nuclear Suppliers Group Guidelines for the
Export of Nuclear Material, Equipment and Technology (published by the
International Atomic Energy Agency as Information Circular INFCIRC/254/Rev.
3/Part 1, and subsequent revisions) or Guidelines for Transfers of Nuclear-
Related Dual-Use Equipment, Material and Related Technology (published by
the International Atomic Energy Agency as Information Circular INFCIRC/254/
Rev. 3/Part 2 and subsequent revisions).
``(3) Transferring advanced conventional weapons or missiles to iran.--
The term `transferring advanced conventional weapons or missiles to Iran'
means the intentional transfer to Iran by a government, or by a person
subject to the jurisdiction of a government, with the knowledge and
acquiescence of that government, of--
``(A) advanced conventional weapons; or
``(B) goods, services, or technology listed on the Missile Technology
Control Regime Equipment and Technology Annex of June 11, 1996, and
subsequent revisions.''.
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\15\ Sec. 4(c)(1) of the Iran Nonproliferation Amendments Act of
2005 (Public Law 109-112; 119 Stat. 2369) struck out ``to Iran'' and
inserted in lieu thereof ``Relating to Iran and Syria''. Subsequently
sec. 3(b)(3)(A) of Public Law 109-353 (120 Stat. 2016) inserted ``,
North Korea,'' after ``Iran'' in the heading.
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(1) it is the policy of the Government of the Russian
Federation to oppose the proliferation to or from Iran,
North Korea, and Syria \16\ of weapons of mass
destruction and missile systems capable of delivering
such weapons;
---------------------------------------------------------------------------
\16\ Sec. 4(c)(2) of the Iran Nonproliferation Amendments Act of
2005 (Public Law 109-112; 119 Stat. 2369) struck out ``to Iran'' in
each place it appeared in sec. 6(b)(1) and (2) and inserted in lieu
thereof ``to or from Iran and Syria''. Sec. 4(c)(3) of that Act struck
out ``to Iran'' in sec. 6(b)(3) and inserted in lieu thereof ``to or
from Iran or Syria''. Subsequently sec. 3(b)(3)(B) inserted ``, North
Korea,'' after ``Iran'' each place it appears in sec. 6(b).
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(2) the Government of the Russian Federation
(including the law enforcement, export promotion,
export control, and intelligence agencies of such
government) has demonstrated and continues to
demonstrate a sustained commitment to seek out and
prevent the transfer to or from Iran, North Korea, and
Syria \16\ of goods, services, and technology that
could make a material contribution to the development
of nuclear, biological, or chemical weapons, or of
ballistic or cruise missile systems; and
(3) neither the Russian Aviation and Space Agency,
nor any organization or entity under the jurisdiction
or control of the Russian Aviation and Space Agency,
has, during the 1-year period prior to the date of the
determination pursuant to this subsection, made
transfers to or from Iran, North Korea, or Syria \16\
reportable under section 2(a) of this Act (other than
transfers with respect to which a determination
pursuant to section 5 has been or will be made).
(c) Prior Notification.--Not less than 5 days before making
a determination under subsection (b), the President shall
notify the Committee on International Relations and the
Committee on Science of the House of Representatives and the
Committee on Foreign Relations and the Committee on Commerce,
Science, and Transportation of the Senate of his intention to
make such determination.
(d) Written Justification.--A determination of the
President under subsection (b) shall include a written
justification describing in detail the facts and circumstances
supporting the President's conclusion.
(e) Submission in Classified Form.--When the President
considers it appropriate, a determination of the President
under subsection (b), a prior notification under subsection
(c), and a written justification under subsection (d), or
appropriate parts thereof, may be submitted in classified form.
(f) Exception for Crew Safety.--
(1) Exception.--The National Aeronautics and Space
Administration may make extraordinary payments that
would otherwise be prohibited under this section to the
Russian Aviation and Space Agency or any organization
or entity under the jurisdiction or control of the
Russian Aviation and Space Agency if the President has
notified the Congress in writing that such payments are
necessary to prevent the imminent loss of life by or
grievous injury to individuals aboard the International
Space Station.
(2) Report.--Not later than 30 days after notifying
Congress that the National Aeronautics and Space
Administration will make extraordinary payments under
paragraph (1), the President shall submit to Congress a
report describing--
(A) the extent to which the provisions of
subsection (b) had been met as of the date of
notification; and
(B) the measures that the National
Aeronautics and Space Administration is taking
to ensure that--
(i) the conditions posing a threat of
imminent loss of life by or grievous
injury to individuals aboard the
International Space Station
necessitating the extraordinary
payments are not repeated; and
(ii) it is no longer necessary to
make extraordinary payments in order to
prevent imminent loss of life by or
grievous injury to individuals aboard
the International Space Station.
(g) Service Module Exception.--(1) The National Aeronautics
and Space Administration may make extraordinary payments that
would otherwise be prohibited under this section to the Russian
Aviation and Space Agency, any organization or entity under the
jurisdiction or control of the Russian Aviation and Space
Agency, or any subcontractor thereof for the construction,
testing, preparation, delivery, launch, or maintenance of the
Service Module, and for the purchase (at a total cost not to
exceed $14,000,000) of the pressure dome for the Interim
Control Module and the Androgynous Peripheral Docking Adapter
and related hardware for the United States propulsion module,
if--
(A) the President has notified Congress at least 5
days before making such payments;
(B) no report has been made under section 2 with
respect to an activity of the entity to receive such
payment, and the President has no credible information
of any activity that would require such a report; and
(C) the United States will receive goods or services
of value to the United States commensurate with the
value of the extraordinary payments made.
(2) For purposes of this subsection, the term
``maintenance'' means activities which cannot be performed by
the National Aeronautics and Space Administration and which
must be performed in order for the Service Module to provide
environmental control, life support, and orbital maintenance
functions which cannot be performed by an alternative means at
the time of payment.
(3) This subsection shall cease to be effective 60 days
after a United States propulsion module is in place at the
International Space Station.
(h) Exception.--Notwithstanding subsections (a) and (b), no
agency of the United States Government may make extraordinary
payments in connection with the International Space Station, or
any other payments in connection with the International Space
Station,\17\ to any foreign person subject to measures applied
pursuant to--
---------------------------------------------------------------------------
\17\ Sec. 3(b) of the Iran Nonproliferation Amendments Act of 2005
(Public Law 109-112; 119 Stat. 2368) inserted ``, or any other payments
in connection with the International Space Station,''.
---------------------------------------------------------------------------
(1) section 3 of this Act; or
(2) section 4 of Executive Order No. 12938 (November
14, 1994), as amended by Executive Order No. 13094
(July 28, 1998).
Such payments shall also not be made to any other entity if the
agency of the United States Government anticipates that such
payments will be passed on to such a foreign person.
(i) \18\ Report on Certain Payments Related to
International Space Station.--
---------------------------------------------------------------------------
\18\ Sec. 3(c) of the Iran Nonproliferation Amendments Act of 2005
(Public Law 109-112; 119 Stat. 2368) added subsec. (i).
---------------------------------------------------------------------------
(1) In general.--The President shall, together with
each report submitted under section 2(a), submit to the
Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of
Representatives a report that identifies each Russian
entity or person to whom the United States Government
has, since the date of the enactment of the Iran
Nonproliferation Amendments Act of 2005, made a payment
in cash or in kind for work to be performed or services
to be rendered under the Agreement Concerning
Cooperation on the Civil International Space Station,
with annex, signed at Washington January 29, 1998, and
entered into force March 27, 2001, or any protocol,
agreement, memorandum of understanding, or contract
related thereto.
(2) Content.--Each report submitted under paragraph
(1) shall include--
(A) the specific purpose of each payment made
to each entity or person identified in the
report; and
(B) with respect to each such payment, the
assessment of the President that the payment
was not prejudicial to the achievement of the
objectives of the United States Government to
prevent the proliferation of ballistic or
cruise missile systems in Iran and other
countries that have repeatedly provided support
for acts of international terrorism, as
determined by the Secretary of State under
section 620A(a) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2371(a)), section 6(j) of
the Export Administration Act of 1979 (50
U.S.C. App. 2405(j)), or section 40(d) of the
Arms Export Control Act (22 U.S.C. 2780(d)).
SEC. 7. DEFINITIONS.
For purposes of this Act, the following terms have the
following meanings:
(1) Extraordinary payments in connection with the
international space station.--The term ``extraordinary
payments in connection with the International Space
Station'' means payments in cash or in kind made or to
be made by the United States Government--
(A) for work on the International Space
Station which the Russian Government pledged at
any time to provide at its expense; or
(B) for work on the International Space
Station, or for the purchase of goods or
services relating to human space flight, that
are not required to be made under the terms of
a contract or other agreement that was in
effect on January 1, 1999, as those terms were
in effect on such date, except that such term
does not mean payments in cash or in kind made
or to be made by the United States Government
prior to July 1, 2016,\19\ for work to be
performed or services to be rendered prior to
that date necessary to meet United States
obligations under the Agreement Concerning
Cooperation on the Civil International Space
Station, with annex, signed at Washington
January 29, 1998, and entered into force March
27, 2001, or any protocol, agreement,
memorandum of understanding, or contract
related thereto.\20\
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\19\ Sec. 125 of the Continuing Appropriations Resolution, 2009
(division A of Public Law 110-329; 122 Stat. 3577) struck out ``January
1, 2012'', and inserted in lieu thereof ``July 1, 2016''.
\20\ Sec. 3(a) of the Iran Nonproliferation Amendments Act of 2005
(Public Law 109-112; 119 Stat. 2368) struck out the period at the end
of this subsection and inserted a comma in lieu thereof, and after the
comma added the following: ``except that such term does not mean
payments in cash or in kind made or to be made by the United States
Government prior to January 1, 2012, for work to be performed or
services to be rendered prior to that date necessary to meet United
States obligations under the Agreement Concerning Cooperation on the
Civil International Space Station, with annex, signed at Washington
January 29, 1998, and entered into force March 27, 2001, or any
protocol, agreement, memorandum of understanding, or contract related
thereto.''.
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(2) Foreign person; person.--The terms ``foreign
person'' and ``person'' mean--
(A) a natural person that is an alien;
(B) a corporation, business association,
partnership, society, trust, or any other
nongovernmental entity, organization, or group,
that is organized under the laws of a foreign
country or has its principal place of business
in a foreign country;
(C) any foreign government, including any
foreign governmental entity; and \21\
---------------------------------------------------------------------------
\21\ Sec. 4(d)(1) of the Iran Nonproliferation Amendments Act of
2005 (Public Law 109-112; 119 Stat. 2369) restated sec. 7(2)(C). This
subparagraph read previously, ``(C) any foreign governmental entity
operating as a business enterprise; and''. Sec. 4(d)(2) of that Act
struck ``subparagraph (B) or (C)'' from sec. 7(2)(D) and inserted in
lieu thereof ``subparagraph (A), (B), or (C), including any entity in
which any entity described in any such subparagraph owns a controlling
interest''.
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(D) any successor, subunit, or subsidiary of
any entity described in subparagraph (A), (B),
or (C), including any entity in which any
entity described in any such subparagraph owns
a controlling interest.\21\
(3) Executive order no. 12938.--The term ``Executive
Order No. 12938'' means Executive Order No. 12938 as in
effect on January 1, 1999.
(4) Adherent to relevant nonproliferation regime.--A
government is an ``adherent'' to a ``relevant
nonproliferation regime'' if that government--
(A) is a member of the Nuclear Suppliers
Group with respect to a transfer of goods,
services, or technology described in section
2(a)(1)(A);
(B) is a member of the Missile Technology
Control Regime with respect to a transfer of
goods, services, or technology described in
section 2(a)(1)(B), or is a party to a binding
international agreement with the United States
that was in effect on January 1, 1999, to
control the transfer of such goods, services,
or technology in accordance with the criteria
and standards set forth in the Missile
Technology Control Regime;
(C) is a member of the Australia Group with
respect to a transfer of goods, services, or
technology described in section 2(a)(1)(C);
(D) is a party to the Convention on the
Prohibition of the Development, Production,
Stockpiling and Use of Chemical Weapons and on
Their Destruction with respect to a transfer of
goods, services, or technology described in
section 2(a)(1)(D); or
(E) is a member of the Wassenaar Arrangement
with respect to a transfer of goods, services,
or technology described in section 2(a)(1)(E).
(5) Organization or entity under the jurisdiction or
control of the russian aviation and space agency.--(A)
The term ``organization or entity under the
jurisdiction or control of the Russian Aviation and
Space Agency'' means an organization or entity that--
(i) was made part of the Russian Space Agency
upon its establishment on February 25, 1992;
(ii) was transferred to the Russian Space
Agency by decree of the Russian Government on
July 25, 1994, or May 12, 1998;
(iii) was or is transferred to the Russian
Aviation and Space Agency or Russian Space
Agency by decree of the Russian Government at
any other time before, on, or after the date of
the enactment of this Act; or
(iv) is a joint stock company in which the
Russian Aviation and Space Agency or Russian
Space Agency has at any time held controlling
interest.
(B) Any organization or entity described in
subparagraph (A) shall be deemed to be under the
jurisdiction or control of the Russian Aviation and
Space Agency regardless of whether--
(i) such organization or entity, after being
part of or transferred to the Russian Aviation
and Space Agency or Russian Space Agency, is
removed from or transferred out of the Russian
Aviation and Space Agency or Russian Space
Agency; or
(ii) the Russian Aviation and Space Agency or
Russian Space Agency, after holding a
controlling interest in such organization or
entity, divests its controlling interest.
k. National Security and Corporate Fairness Under the Biological
Weapons Convention Act
Partial text of Public Law 106-113 [H.R. 3194], 113 Stat. 1501 at 1536,
approved November 29, 1999
* * * * * * *
Sec. 1000. (a) The provisions of the following bills are
hereby enacted into law:
(1)-(6) * * *
(7) H.R. 3427 of the 106th Congress, as introduced on
November 17, 1999;
(8)-(9) * * *
* * * * * * *
A BILL To authorize appropriations for the Department of State for
fiscal years 2000 and 2001; to provide for enhanced security at United
States diplomatic facilities; to provide for certain arms control,
nonproliferation, and other national security measures; to provide for
reform of the United Nations; and for other purposes
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Admiral James W. Nance and
Meg Donovan Foreign Relations Authorization Act, Fiscal Years
2000 and 2001''.
* * * * * * *
DIVISION B--ARMS CONTROL, NONPROLIFERATION, AND SECURITY ASSISTANCE
PROVISIONS
SEC. 1001. SHORT TITLE.
This division may be cited as the ``Arms Control,
Nonproliferation, and Security Assistance Act of 1999''.
* * * * * * *
TITLE XI--ARMS CONTROL AND NONPROLIFERATION
SEC. 1101. SHORT TITLE.
This title may be cited as the ``Arms Control and
Nonproliferation Act of 1999''.
* * * * * * *
Subtitle A--Arms Control
* * * * * * *
CHAPTER 2--MATTERS RELATING TO THE CONTROL OF BIOLOGICAL WEAPONS \1\
SEC. 1121. SHORT TITLE.
This chapter may be cited as the ``National Security and
Corporate Fairness under the Biological Weapons Convention
Act''.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 5601 note.
---------------------------------------------------------------------------
SEC. 1122. DEFINITIONS.
In this chapter:
(1) Biological weapons convention.--The term
``Biological Weapons Convention'' means the 1972
Convention on the Prohibition of the Development,
Production and Stockpiling of Bacteriological
(Biological) and Toxin Weapons and on their
Destruction.
(2) Compliance protocol.--The term ``compliance
protocol'' means that segment of a bilateral or
multilateral agreement that enables investigation of
questions of compliance entailing written data or
visits to facilities to monitor compliance.
(3) Industry.--The term ``industry'' means any
corporate or private sector entity engaged in the
research, development, production, import, and export
of peaceful pharmaceuticals and bio-technological and
related products.
SEC. 1123. FINDINGS.
Congress makes the following findings:
(1) The threat of biological weapons and their
proliferation is one of the greatest national security
threats facing the United States.
(2) The threat of biological weapons and materials
represents a serious and increasing danger to people
around the world.
(3) Biological weapons are relatively inexpensive to
produce, can be made with readily available expertise
and equipment, do not require much space to make and
can therefore be readily concealed, do not require
unusual raw materials or materials not readily
available for legitimate purposes, do not require the
maintenance of stockpiles, or can be delivered with
low-technology mechanisms, and can effect widespread
casualties even in small quantities.
(4) Unlike other weapons of mass destruction,
biological materials capable of use as weapons can
occur naturally in the environment and are also used
for medicinal or other beneficial purposes.
(5) Biological weapons are morally reprehensible,
prompting the United States Government to halt its
offensive biological weapons program in 1969,
subsequently destroy its entire biological weapons
arsenal, and maintain henceforth only a robust
defensive capacity.
(6) The Senate gave its advice and consent to
ratification of the Biological Weapons Convention in
1974.
(7) The Director of the Arms Control and Disarmament
Agency explained, at the time of the Senate's
consideration of the Biological Weapons Convention,
that the treaty contained no verification provisions
because verification would be ``difficult''.
(8) A compliance protocol has now been proposed to
strengthen the 1972 Biological Weapons Convention.
(9) The resources needed to produce, stockpile, and
store biological weapons are the same as those used in
peaceful industry facilities to discover, develop, and
produce medicines.
(10) The raw materials of biological agents are
difficult to use as an indicator of an offensive
military program because the same materials occur in
nature or can be used to produce a wide variety of
products.
(11) Some biological products are genetically
manipulated to develop new commercial products,
optimizing production and ensuring the integrity of the
product, making it difficult to distinguish between
legitimate commercial activities and offensive military
activities.
(12) Only a small culture of a biological agent and
some growth medium are needed to produce a large amount
of biological agents with the potential for offensive
purposes.
(13) The United States pharmaceutical and
biotechnology industries are a national asset and
resource that contribute to the health and well-being
of the American public as well as citizens around the
world.
(14) One bacterium strain can represent a large
proportion of a company's investment in a
pharmaceutical product and thus its potential loss
during an arms control monitoring activity could
conceivably be worth billions of dollars.
(15) Biological products contain proprietary genetic
information.
(16) The proposed compliance regime for the
Biological Weapons Convention entails new data
reporting and investigation requirements for industry.
(17) A compliance regime which contributes to the
control of biological weapons and materials must have a
reasonable chance of success in reducing the risk of
production, stockpiling, or use of biological weapons
while protecting the reputations, intellectual
property, and confidential business information of
legitimate companies.
SEC. 1124. TRIAL INVESTIGATIONS AND TRIAL VISITS.
(a) National Security Trial Investigations and Trial
Visits.--The President shall conduct a series of national
security trial investigations and trial visits, both during and
following negotiations to develop a compliance protocol to the
Biological Weapons Convention, with the objective of ensuring
that the compliance procedures of the protocol are effective
and adequately protect the national security of the United
States. These trial investigations and trial visits shall be
conducted at such sites as United States Government facilities,
installations, and national laboratories.
(b) United States Industry Trial Investigations and Trial
Visits.--The President shall take all appropriate steps to
conduct or sponsor a series of United States industry trial
investigations and trial visits, both during and following
negotiations to develop a compliance protocol to the Biological
Weapons Convention, with the objective of ensuring that the
compliance procedures of the protocol are effective and
adequately protect the national security and the concerns of
affected United States industries and research institutions.
These trial investigations and trial visits shall be conducted
at such sites as academic institutions, vaccine production
facilities, and pharmaceutical and biotechnology firms in the
United States.
(c) Participation by Defense Department and Other
Appropriate Personnel.--The Secretary of Defense and, as
appropriate, the Director of the Federal Bureau of
Investigation shall make available specialized personnel to
participate--
(1) in each trial investigation or trial visit
conducted pursuant to subsection (a); and
(2) in each trial investigation or trial visit
conducted pursuant to subsection (b), except for any
investigation or visit in which the host facility
requests that such personnel not participate,
for the purpose of assessing the information security
implications of such investigation or visit. The Secretary of
Defense, in coordination with the Director of the Federal
Bureau of Investigation, shall add to the report required by
subsection (d)(2) a classified annex containing an assessment
of the risk to proprietary and classified information posed by
any investigation or visit procedures in the compliance
protocol.
(d) Study.--
(1) In general.--The President shall conduct a study
on the need for investigations and visits under the
compliance protocol to the Biological Weapons
Convention, including--
(A) an assessment of risks to national
security and United States industry and
research institutions of such on-site
activities; and
(B) an assessment of the monitoring results
that can be expected from such investigations
and visits.
(2) Report.--Not later than the date on which a
compliance protocol to the Biological Weapons
Convention is submitted to the Senate for its advice
and consent to ratification, the President shall submit
to the Committee on Foreign Relations of the Senate a
report, in both unclassified and classified form,
setting forth--
(A) the findings of the study conducted
pursuant to paragraph (1); and
(B) the results of trial investigations and
trial visits conducted pursuant to subsections
(a) and (b).
Subtitle B--Nuclear Nonproliferation, Safety, and Related Matters
SEC. 1131. CONGRESSIONAL NOTIFICATION OF NONPROLIFERATION ACTIVITIES.
Section 602(c) of the Nuclear Non-Proliferation Act of 1978
(22 U.S.C. 3282(c)) is amended to read as follows: * * *
SEC. 1132.\2\ EFFECTIVE USE OF RESOURCES FOR NONPROLIFERATION PROGRAMS.
(a) Prohibition.--Except as provided in subsection (b), no
assistance may be provided by the United States Government to
any person who is involved in the research, development,
design, testing, or evaluation of chemical or biological
weapons for offensive purposes.
---------------------------------------------------------------------------
\2\ 50 U.S.C. 1526.
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(b) Exception.--The prohibition contained in subsection (a)
shall not apply to any activity conducted pursuant to title V
of the National Security Act of 1947 (50 U.S.C. 413 et seq.).
SEC. 1133. DISPOSITION OF WEAPONS-GRADE MATERIAL.
(a) Report on Reduction of the Stockpile.--Not later than
120 days after signing an agreement between the United States
and Russia for the disposition of excess weapons plutonium, the
Secretary of Energy, with the concurrence of the Secretary of
Defense, shall submit to the Committee on Foreign Relations and
the Committee on Armed Services of the Senate and to the
Committee on International Relations and the Committee on Armed
Services of the House of Representatives a report--
(1) detailing plans for United States implementation
of such agreement;
(2) identifying, in classified form, the number of
United States warhead ``pits'' of each type deemed
``excess'' for the purpose of dismantlement or
disposition; and
(3) describing any implications this may have for the
Stockpile Stewardship and Management Program.
(b) Submission of the Fabrication Facility Agreement
Pursuant to Law.--Whenever the President submits to Congress
the agreement to establish a mixed oxide fuel fabrication or
production facility in Russia pursuant to section 123 of the
Atomic Energy Act of 1954 (42 U.S.C. 2153), it is the sense of
the Congress that the Secretary of State should be prepared to
certify to the Committee on Foreign Relations of the Senate and
the Committee on International Relations of the House
Representatives that--
(1) arrangements for the establishment of that
facility will further United States nuclear
nonproliferation objectives and will outweigh the
proliferation risks inherent in the use of mixed oxide
fuel elements;
(2) a guaranty has been given by Russia that no fuel
elements produced, fabricated, reprocessed, or
assembled at such facility, and no sensitive nuclear
technology related to such facility, will be exported
or supplied by Russia to any country in the event that
the United States objects to such export or supply; and
(3) a guaranty has been given by Russia that the
facility and all nuclear materials and equipment
therein, and any fuel elements or special nuclear
material produced, fabricated, reprocessed, or
assembled at that facility, including fuel elements
exported or supplied by Russia to a third party, will
be subject to international monitoring and transparency
sufficient to ensure that special nuclear material is
not diverted.
(c) Definitions.--
(1) Produced.--The terms ``produce'' and ``produced''
have the same meaning that such terms are given under
section 11 u. of the Atomic Energy Act of 1954.
(2) Production facility.--The term ``production
facility'' has the same meaning that such term is given
under section 11 v. of the Atomic Energy Act of 1954.
(3) Special nuclear material.--The term ``special
nuclear material'' has the meaning that such term is
given under section 11 aa. of the Atomic Energy Act of
1954.
SEC. 1134.\3\ PROVISION OF CERTAIN INFORMATION TO CONGRESS.
(a) Requirement to Provide Information.--The head of each
department and agency described in section 602(c) of the
Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3282(c)) shall
promptly provide information to the chairman and ranking
minority member of the Committee on Foreign Relations of the
Senate and the Committee on International Relations of the
House of Representatives in meeting the requirements of
subsection (c) or (d) of section 602 of such Act.
---------------------------------------------------------------------------
\3\ 22 U.S.C. 3282 note.
---------------------------------------------------------------------------
(b) Issuance of Directives.--Not later than February 1,
2000, the Secretary of State, the Secretary of Defense, the
Secretary of Commerce, the Secretary of Energy, the Director of
Central Intelligence, and the Chairman of the Nuclear
Regulatory Commission shall issue directives, which shall
provide access to information, including information contained
in special access programs, to implement their responsibilities
under subsections (c) and (d) of section 602 of the Nuclear
Non-Proliferation Act of 1978 (22 U.S.C. 3282(c) and (d)).
Copies of such directives shall be forwarded promptly to the
Committee on Foreign Relations of the Senate and the Committee
on International Relations of the House of Representatives upon
the issuance of the directives.
SEC. 1135. AMENDED NUCLEAR EXPORT REPORTING REQUIREMENT.
Section 1523 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112
Stat. 2180; 42 U.S.C. 2155 note) is amended-- * * *
SEC. 1136. ADHERENCE TO THE MISSILE TECHNOLOGY CONTROL REGIME.
(a) Clarification of Requirement for Control.--Section 74
of the Arms Export Control Act (22 U.S.C. 2797c) is amended-- *
* *
(b) Clarification of Applicability.--Section 73(b) of the
Arms Export Control Act (22 U.S.C. 2797b(b)) is amended-- * * *
(c) Enforcement Actions.--Section 73(c) of the Arms Export
Control Act (22 U.S.C. 2797b(c)) is amended * * *
(d) Policy Report.--Section 73A of the Arms Export Control
Act (22 U.S.C. 2797b-1) is amended-- * * *
(e) MTCR Defined.--The term ``MTCR'' means the Missile
Technology Control Regime, as defined in section 74(a)(2) of
the Arms Export Control Act (22 U.S.C. 2797c(a)(2)).
SEC. 1137. AUTHORITY RELATING TO MTCR ADHERENTS.
Chapter 7 of the Arms Export Control Act (22 U.S.C. 2797 et
seq.) is amended by inserting after section 73A the following
new section: * * *
SEC. 1138.\4\ TRANSFER OF FUNDING FOR SCIENCE AND TECHNOLOGY CENTERS IN
THE FORMER SOVIET UNION.
(a) Authorization.--For fiscal year 2001 and subsequent
fiscal years, funds made available under ``Nonproliferation,
Antiterrorism, Demining, and Related Programs'' accounts in
annual foreign operations appropriations Acts are authorized to
be available for science and technology centers in the
independent states of the former Soviet Union assisted under
section 503(a)(5) of the FREEDOM Support Act (22 U.S.C.
5853(a)(5)) or section 1412(b)(5) of the Former Soviet Union
Demilitarization Act of 1992 (title XIV of Public Law 102-484;
22 U.S.C. 5901 et seq.), including the use of those and other
funds by any Federal agency having expertise and programs
related to the activities carried out by those centers,
including the Departments of Agriculture, Commerce, and Health
and Human Services and the Environmental Protection Agency.
---------------------------------------------------------------------------
\4\ 22 U.S.C. 5853 note.
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(b) Availability of Funds.--Amounts made available under
any provision of law for the activities described in subsection
(a) shall be available until expended and may be used
notwithstanding any other provision of law.
SEC. 1139.\4\ RESEARCH AND EXCHANGE ACTIVITIES BY SCIENCE AND
TECHNOLOGY CENTERS.
(a) In General.--Support for science and technology centers
in the independent states of the former Soviet Union, as
authorized by section 503(a)(5) of the FREEDOM Support Act (22
U.S.C. 5853(a)(5)) and section 1412(b) of the Former Soviet
Union Demilitarization Act of 1992 (title XIV of Public Law
102-484, 22 U.S.C. 5901 et seq.), is authorized for activities
described in subsection (b) to support the redirection of
former Soviet weapons scientists, especially those with
expertise in weapons of mass destruction (nuclear,
radiological, chemical, biological), missile and other delivery
systems, and other advanced technologies with military
applications.
(b) Activities Supported.--Activities supported under
subsection (a) include--
(1) any research activity involving the
participation of former Soviet weapons scientists and
civilian scientists and engineers, if the participation
of the weapons scientists predominates; and
(2) any program of international exchanges that would
provide former Soviet weapons scientists exposure to,
and the opportunity to develop relations with, research
and industry partners.
* * * * * * *
l. Proliferation Prevention Enhancement Act of 1999
Partial text of Public Law 106-113 [H.R. 3194], 113 Stat. 1501 at 1536,
approved November 29, 1999
* * * * * * *
Sec. 1000. (a) The provisions of the following bills are
hereby enacted into law:
(1)-(6) * * *
(7) H.R. 3427 of the 106th Congress, as introduced on
November 17, 1999;
(8)-(9) * * *
* * * * * * *
A BILL To authorize appropriations for the Department of State for
fiscal years 2000 and 2001; to provide for enhanced security at United
States diplomatic facilities; to provide for certain arms control,
nonproliferation, and other national security measures; to provide for
reform of the United Nations; and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Admiral James W. Nance and
Meg Donovan Foreign Relations Authorization Act, Fiscal Years
2000 and 2001''.
* * * * * * *
DIVISION B--ARMS CONTROL, NONPROLIFERATION, AND SECURITY ASSISTANCE
PROVISIONS
SEC. 1001. SHORT TITLE.
This division may be cited as the ``Arms Control,
Nonproliferation, and Security Assistance Act of 1999''.
* * * * * * *
TITLE XII--SECURITY ASSISTANCE
SEC. 1201.\1\ SHORT TITLE.
This title may be cited as the ``Security Assistance Act of
1999''.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 2151 note.
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* * * * * * *
Subtitle E--Automated Export System Relating to Export Information
SEC. 1251.\2\ SHORT TITLE.
This subtitle may be cited as the Proliferation Prevention
Enhancement Act of 1999.
---------------------------------------------------------------------------
\2\ 13 U.S.C. 1 note.
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SEC. 1252. MANDATORY USE OF THE AUTOMATED EXPORT SYSTEM FOR FILING
CERTAIN SHIPPERS' EXPORT DECLARATIONS.
(a) Authority.--Section 301 of title 13, United States
Code, is amended by adding at the end the following new
subsection: * * *
(b) \3\ Implementing Regulations.--
---------------------------------------------------------------------------
\3\ 13 U.S.C. 301 note.
---------------------------------------------------------------------------
(1) In general.--The Secretary of Commerce, with the
concurrence of the Secretary of State, shall publish
regulations in the Federal Register to require that,
upon the effective date of those regulations, exporters
(or their agents) who are required to file Shippers'
Export Declarations under chapter 9 of title 13, United
States Code, file such Declarations through the
Automated Export System with respect to exports of
items on the United States Munitions List or the
Commerce Control List.
(2) Elements of the regulations.--The regulations
referred to in paragraph (1) shall include at a
minimum--
(A) provision by the Department of Commerce
for the establishment of on-line assistance
services to be available for those individuals
who must use the Automated Export System;
(B) provision by the Department of Commerce
for ensuring that an individual who is required
to use the Automated Export System is able to
print out from the System a validated record of
the individual's submission, including the date
of the submission and a serial number or other
unique identifier, where appropriate, for the
export transaction; and
(C) a requirement that the Department of
Commerce print out and maintain on file a paper
copy or other acceptable back-up record of the
individual's submission at a location selected
by the Secretary of Commerce.
(c) \3\ Effective Date.--The amendment made by subsection
(a) shall take effect 270 days after the Secretary of Commerce,
the Secretary of the Treasury, and the Director of the National
Institute of Standards and Technology jointly provide a
certification to the Committee on Foreign Relations of the
Senate and the Committee on International Relations of the
House of Representatives that a secure Automated Export System
available through the Internet that is capable of handling the
expected volume of information required to be filed under
subsection (b), plus the anticipated volume from voluntary use
of the Automated Export System, has been successfully
implemented and tested and is fully functional with respect to
reporting all items on the United States Munitions List,
including their quantities and destinations.
SEC. 1253. VOLUNTARY USE OF THE AUTOMATED EXPORT SYSTEM.
It is the sense of Congress that exporters (or their
agents) who are required to file Shippers' Export Declarations
under chapter 9 of title 13, United States Code, but who are
not required under section 1252(b) to file such Declarations
using the Automated Export System, should do so.
SEC. 1254. REPORT TO APPROPRIATE COMMITTEES OF CONGRESS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Commerce, in
consultation with the Secretary of State, the Secretary of
Defense, the Secretary of the Treasury, the Secretary of
Energy, and the Director of Central Intelligence, shall submit
a report to the appropriate committees of Congress setting
forth--
(1) the advisability and feasibility of mandating
electronic filing through the Automated Export System
for all Shippers' Export Declarations;
(2) the manner in which data gathered through the
Automated Export System can most effectively be used,
consistent with the need to ensure the confidentiality
of business information, by other automated licensing
systems administered by Federal agencies, including--
(A) the Defense Trade Application System of
the Department of State;
(B) the Export Control Automated Support
System of the Department of Commerce;
(C) the Foreign Disclosure and Technology
Information System of the Department of
Defense;
(D) the Proliferation Information Network
System of the Department of Energy;
(E) the Enforcement Communication System of
the Department of the Treasury; and
(F) the Export Control System of the Central
Intelligence Agency; and
(3) a proposed timetable for any expansion of
information required to be filed through the Automated
Export System.
(b) Definition.--In this section, the term ``appropriate
committees of Congress'' means the Committee on Foreign
Relations of the Senate and the Committee on International
Relations of the House of Representatives.
SEC. 1255. ACCELERATION OF DEPARTMENT OF STATE LICENSING PROCEDURES.
Notwithstanding any other provision of law, the Secretary
of State may use funds appropriated or otherwise made available
to the Department of State to employ--
(1) up to 40 percent of the individuals who are
performing services within the Office of Defense Trade
Controls of the Department of State in positions
classified at GS-14 and GS-15 on the General Schedule
under section 5332 of title 5, United States Code; and
(2) other individuals within the Office at a rate of
basic pay that may exceed the maximum rate payable for
positions classified at GS-15 on the General Schedule
under section 5332 of that title.
SEC. 1256.\4\ DEFINITIONS.
In this subtitle:
---------------------------------------------------------------------------
\4\ 13 U.S.C. 301 note.
---------------------------------------------------------------------------
(1) Automated export system.--The term ``Automated
Export System'' means the automated and electronic
system for filing export information established under
chapter 9 of title 13, United States Code, on June 19,
1995 (60 Federal Register 32040).
(2) Commerce control list.--The term ``Commerce
Control List'' has the meaning given the term in
section 774.1 of title 15, Code of Federal Regulations.
(3) Shippers' export declaration.--The term
``Shippers' Export Declaration'' means the export
information filed under chapter 9 of title 13, United
States Code, as described in part 30 of title 15, Code
of Federal Regulations.
(4) United states munitions list.--The term ``United
States Munitions List'' means the list of items
controlled under section 38 of the Arms Export Control
Act (22 U.S.C. 2778).
* * * * * * *
m. National Missile Defense Act of 1999
Public Law 106-38 [H.R. 4], 113 Stat. 205, approved July 22, 1999
AN ACT To declare it to be the policy of the United States to deploy a
national missile defense.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ SHORT TITLE.
This Act may be cited as the ``National Missile Defense Act
of 1999''.
---------------------------------------------------------------------------
\1\ 10 U.S.C. 101 note.
---------------------------------------------------------------------------
SEC. 2.\2\ NATIONAL MISSILE DEFENSE POLICY.
It is the policy of the United States to deploy as soon as
it it technologically possible an effective National Missile
Defense system capable of defending the territory of the United
States against limited ballistic missile attack (whether
accidential, unauthorized, or deliberate) with funding subject
to the annual authorization of appropriations and the annual
appropriation of funds for National Missile Defense.
---------------------------------------------------------------------------
\2\ 10 U.S.C. 2431 note.
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SEC. 3.\3\ POLICY ON REDUCTION OF RUSSIAN NUCLEAR FORCES.
It is the policy of the United States to seek continued
negotiated reductions in Russian nuclear forces.
---------------------------------------------------------------------------
\3\ 22 U.S.C. 5901 note.
n. Chemical Weapons Convention Implementation Act of 1998
Partial text of Public Law 105-277 [Division I of the Omnibus
Consolidated and Emergency Supplemental Appropriations Act, 1999; H.R.
4328], 112 Stat. 2681-856, approved October 21, 1998; as amended by
Public Law 106-280 [Security Assistance Act of 2000; H.R. 4919], 114
Stat. 845, approved October 6, 2000; and Public Law 107-107 [National
Defense Authorization Act for Fiscal Year 2002; S. 1438], 115 Stat.
1012, approved December 28, 2001
AN ACT Making omnibus consolidated and emergency appropriations for the
fiscal year ending September 30, 1999, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
DIVISION I--CHEMICAL WEAPONS CONVENTION
SECTION 1.\1\ SHORT TITLE.
This Division may be cited as the ``Chemical Weapons
Convention Implementation Act of 1998''.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 6701 note.
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SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
TITLE I--GENERAL PROVISIONS
Sec. 101. Designation of United States National Authority.
Sec. 102. No abridgement of constitutional rights.
Sec. 103. Civil liability of the United States.
TITLE II--PENALTIES FOR UNLAWFUL ACTIVITIES SUBJECT TO THE JURISDICTION
OF THE UNITED STATES
Subtitle A--Criminal and Civil Penalties
Sec. 201. Criminal and civil provisions.
Subtitle B--Revocations of Export Privileges
Sec. 211. Revocations of export privileges.
TITLE III--INSPECTIONS
Sec. 301. Definitions in the title.
Sec. 302. Facility agreements.
Sec. 303. Authority to conduct inspections.
Sec. 304. Procedures for inspections.
Sec. 305. Warrants.
Sec. 306. Prohibited acts relating to inspections.
Sec. 307. National security exception.
Sec. 308. Protection of constitutional rights of contractors.
Sec. 309. Annual report on inspections.
Sec. 310. United States assistance in inspections at private facilities.
TITLE IV--REPORTS
Sec. 401. Reports required by the United States National Authority.
Sec. 402. Prohibition relating to low concentrations of schedule 2 and 3
chemicals.
Sec. 403. Prohibition relating to unscheduled discrete organic chemicals
and coincidental byproducts in waste streams.
Sec. 404. Confidentiality of information.
Sec. 405. Recordkeeping violations.
TITLE V--ENFORCEMENT
Sec. 501. Penalties.
Sec. 502. Specific enforcement.
Sec. 503. Expedited judicial review.
TITLE VI--MISCELLANEOUS PROVISIONS
Sec. 601. Repeal.
Sec. 602. Prohibition.
Sec. 603. Bankruptcy actions.
SEC. 3.\2\ DEFINITIONS.
In this Act:
---------------------------------------------------------------------------
\2\ 22 U.S.C. 6701.
---------------------------------------------------------------------------
(1) Chemical weapon.--The term ``chemical weapon''
means the following, together or separately:
(A) A toxic chemical and its precursors,
except where intended for a purpose not
prohibited under this Act as long as the type
and quantity is consistent with such a purpose.
(B) A munition or device, specifically
designed to cause death or other harm through
toxic properties of those toxic chemicals
specified in subparagraph (A), which would be
released as a result of the employment of such
munition or device.
(C) Any equipment specifically designed for
use directly in connection with the employment
of munitions or devices specified in
subparagraph (B).
(2) Chemical weapons convention; convention.--The
terms ``Chemical Weapons Convention'' and
``Convention'' mean the Convention on the Prohibition
of the Development, Production, Stockpiling and Use of
Chemical Weapons and on Their Destruction, opened for
signature on January 13, 1993.
(3) Key component of a binary or multicomponent
chemical system.--The term ``key component of a binary
or multicomponent chemical system'' means the precursor
which plays the most important role in determining the
toxic properties of the final product and reacts
rapidly with other chemicals in the binary or
multicomponent system.
(4) National of the united states.--The term
``national of the United States'' has the same meaning
given such term in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).
(5) Organization.--The term ``Organization'' means
the Organization for the Prohibition of Chemical
Weapons.
(6) Person.--The term ``person'', except as otherwise
provided, means any individual, corporation,
partnership, firm, association, trust, estate, public
or private institution, any State or any political
subdivision thereof, or any political entity within a
State, any foreign government or nation or any agency,
instrumentality or political subdivision of any such
government or nation, or other entity located in the
United States.
(7) Precursor.--
(A) In general.--The term ``precursor'' means
any chemical reactant which takes part at any
stage in the production by whatever method of a
toxic chemical. The term includes any key
component of a binary or multicomponent
chemical system.
(B) List of precursors.--Precursors which
have been identified for the application of
verification measures under Article VI of the
Convention are listed in schedules contained in
the Annex on Chemicals of the Chemical Weapons
Convention.
(8) Purposes not prohibited by this act.--The term
``purposes not prohibited by this Act'' means the
following:
(A) Peaceful purposes.--Any peaceful purpose
related to an industrial, agricultural,
research, medical, or pharmaceutical activity
or other activity.
(B) Protective purposes.--Any purpose
directly related to protection against toxic
chemicals and to protection against chemical
weapons.
(C) Unrelated military purposes.--Any
military purpose of the United States that is
not connected with the use of a chemical weapon
and that is not dependent on the use of the
toxic or poisonous properties of the chemical
weapon to cause death or other harm.
(D) Law enforcement purposes.--Any law
enforcement purpose, including any domestic
riot control purpose and including imposition
of capital punishment.
(9) Technical secretariat.--The term ``Technical
Secretariat'' means the Technical Secretariat of the
Organization for the Prohibition of Chemical Weapons
established by the Chemical Weapons Convention.
(10) Schedule 1 chemical agent.--The term ``Schedule
1 chemical agent'' means any of the following, together
or separately:
(A) O-Alkyl (C10, incl.
cycloalkyl) alkyl
(Me, Et, n-Pr or i-Pr)-
phosphonofluoridates
(e.g. Sarin: O-Isopropyl
methylphosphonofluoridate Soman: O-
Pinacolyl methylphosphonofluoridate).
(B) O-Alkyl (C10, incl.
cycloalkyl) N,N-dialkyl
(Me, Et, n-Pr or i-Pr)-
phosphoramidocyanidates
(e.g. Tabun: O-Ethyl N,N-dimethyl
phosphoramidocyanidate).
(C) O-Alkyl (H or C10, incl.
cycloalkyl) S-2-dialkyl
(Me, Et, n-Pr or i-Pr)-aminoethyl
alkyl
(Me, Et, n-Pr or i-Pr)
phosphonothiolates and corresponding
alkylated or protonated salts
(e.g. VX: O-Ethyl S-2-
diisopropylaminoethyl methyl
phosphonothiolate).
(D) Sulfur mustards:
2-Chloroethylchloromethylsulfide
Mustard gas: (Bis(2-
chloroethyl)sulfide
Bis(2-chloroethylthio)methane
Sesquimustard: 1,2-Bis(2-
chloroethylthio)ethane
1,3-Bis(2-chloroethylthio)-n-propane
1,4-Bis(2-chloroethylthio)-n-butane
1,5-Bis(2-chloroethylthio)-n-pentane
Bis(2-chloroethylthiomethyl)ether
O-Mustard: Bis(2-
chloroethylthioethyl)ether.
(E) Lewisites:
Lewisite 1: 2-
Chlorovinyldichloroarsine
Lewisite 2: Bis(2-
chlorovinyl)chloroarsine
Lewisite 3: Tris (2-
clorovinyl)arsine.
(F) Nitrogen mustards:
HN1: Bis(2-chloroethyl)ethylamine
HN2: Bis(2-chloroethyl)methylamine
HN3: Tris(2-chloroethyl)amine.
(G) Saxitoxin.
(H) Ricin.
(I) Alkyl (Me, Et, n-Pr or i-Pr)
phosphonyldifluorides
e.g. DF: Methylphosphonyldifluoride.
(J) O-Alkyl (H or >C10, incl.
cycloalkyl)O-2-dialkyl
(Me, Et, n-Pr or i-Pr)-aminoethyl
alkyl
(Me, Et, n-Pr or i-Pr) phosphonites
and corresponding alkylated or
protonated salts
e.g. QL: O-Ethyl O-2-diisopropylaminoethyl
methylphosphonite.
(K) Chlorosarin: O-Isopropyl methylphosphonochloridate.
(L) Chlorosoman: O-Pinacolyl methylphosphonochloridate.
(11) Schedule 2 chemical agent.--The term `Schedule 2
chemical agent' means the following, together or separately:
(A) Amiton: O,O-Diethyl S-[2-(diethylamino)ethyl]
phosphorothiolate and corresponding alkylated or protonated
salts.
(B) PFIB: 1,1,3,3,3-Pentafluoro-2-(trifluoromethyl)-1-
propene.
(C) BZ: 3-Quinuclidinyl benzilate
(D) Chemicals, except for those listed in Schedule 1,
containing a phosphorus atom to which is bonded one methyl,
ethyl or propyl (normal or iso) group but not further carbon
atoms,
e.g. Methylphosphonyl dichloride Dimethyl methylphosphonate
Exemption: Fonofos: O-Ethyl S-phenyl
ethylphosphonothiolothionate.
(E) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) phosphoramidic
dihalides.
(F) Dialkyl (Me, Et, n-Pr or i-Pr) N,N-dialkyl (Me, Et, n-
Pr or i-Pr)-phosphoramidates.
(G) arsenic trichloride.
(H) 2,2-Diphenyl-2-hydroxyacetic acid.
(I) Quinuclidine-3-ol.
(J) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethyl-2-
chlorides and corresponding protonated salts.
(K) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-ols
and corresponding protonated salts
Exemptions: N,N-Dimethylaminoethanol and corresponding
protonated salts N,N-Diethylaminoethanol and corresponding
protonated salts.
(L) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-thiols
and corresponding protonated salts.
(M) Thiodiglycol: Bis(2-hydroxyethyl)sulfide.
(N) Pinacolyl alcohol: 3,3-Dimethylbutane-2-ol.
(12) Schedule 3 chemical agent.--The term `Schedule 3
chemical agent' means any of the following, together or
separately:
(A) Phosgene: carbonyl dichloride.
(B) Cyanogen chloride.
(C) Hydrogen cyanide.
(D) Chloropicrin: trichloronitromethane.
(E) Phosphorous oxychloride.
(F) Phosphorous trichloride.
(G) Phosphorous pentachloride.
(H) Trimethyl phosphite.
(I) Triethyl phosphite.
(J) Dimethyl phosphite.
(K) Diethyl phosphite.
(L) Sulfur monochloride.
(M) Sulfur dichloride.
(N) Thionyl chloride.
(O) Ethyldiethanolamine.
(P) Methyldiethanolamine.
(Q) Triethanolamine.
(13) Toxic chemical.--
(A) In general.--The term ``toxic chemical'' means any
chemical which through its chemical action on life processes
can cause death, temporary incapacitation or permanent harm to
humans or animals. The term includes all such chemicals,
regardless of their origin or of their method of production,
and regardless of whether they are produced in facilities, in
munitions or elsewhere.
(B) List of toxic chemicals.--Toxic chemicals
which have been identified for the application
of verification measures under Article VI of
the Convention are listed in schedules
contained in the Annex on Chemicals of the
Chemical Weapons Convention.
(14) United states.--The term ``United States'' means
the several States of the United States, the District
of Columbia, and the commonwealths, territories, and
possessions of the United States and includes all
places under the jurisdiction or control of the United
States, including--
(A) any of the places within the provisions
of paragraph (41) of section 40102 of title 49,
United States Code;
(B) any civil aircraft of the United States
or public aircraft, as such terms are defined
in paragraphs (17) and (37), respectively, of
section 40102 of title 49, United States Code;
and
(C) any vessel of the United States, as such
term is defined in section 3(b) of the Maritime
Drug Enforcement Act, as amended (46 U.S.C.,
App. sec. 1903(b)).
(15) Unscheduled discrete organic chemical.--The term
``unscheduled discrete organic chemical'' means any
chemical not listed on any schedule contained in the
Annex on Chemicals of the Convention that belongs to
the class of chemical compounds consisting of all
compounds of carbon, except for its oxides, sulfides,
and metal carbonates.
TITLE I--GENERAL PROVISIONS
SEC. 101.\3\ DESIGNATION OF UNITED STATES NATIONAL AUTHORITY.
(a) Designation.--Pursuant to paragraph 4 of Article VII of
the Chemical Weapons Convention, the President shall designate
the Department of State to be the United States National
Authority.
---------------------------------------------------------------------------
\3\ 22 U.S.C. 6711.
---------------------------------------------------------------------------
(b) Purposes.--The United States National Authority shall--
(1) serve as the national focal point for effective
liaison with the Organization for the Prohibition of
Chemical Weapons and other States Parties to the
Convention; and
(2) implement the provisions of this Act in
coordination with an interagency group designated by
the President consisting of the Secretary of Commerce,
Secretary of Defense, Secretary of Energy, the Attorney
General, and the heads of agencies considered necessary
or advisable by the President.
(c) Director.--The Secretary of State shall serve as the
Director of the United States National Authority.
(d) Powers.--The Director may utilize the administrative
authorities otherwise available to the Secretary of State in
carrying out the responsibilities of the Director set forth in
this Act.
(e) Implementation.--The President is authorized to
implement and carry out the provisions of this Act and the
Convention \4\ and shall designate through Executive order
which agencies of the United States shall issue, amend, or
revise the regulations in order to implement this Act and the
provisions of the Convention. The Director of the United States
National Authority shall report to the Congress on the
regulations that have been issued, implemented, or revised
pursuant to this section.
---------------------------------------------------------------------------
\4\ The Senate tasked the President with further duties pursuant to
its resolution ratifying the Chemical Weapons Convention. Sec. 2(10)(C)
of the Senate resolution ``To advise and consent to the ratification of
the Chemical Weapons Convention, subject to certain conditions'' (S.
Res. 75; April 24, 1997) required the Secretary of State to provide an
annual report certifying the compliance of other states parties to the
Chemical Weapons Convention and the measures undertaken to bring any
states parties not so certified into compliance. In sec. 2(a)(3) of
Executive Order 13313 of July 31, 2003 (68 F.R. 46073; August 5, 2003),
the President assigned these reporting duties to the Secretary of
State.
In sec. 2(a) of Executive Order 13346 of July 8, 2004 (69 F.R.
41905; July 13, 2004), the President further assigned to the Secretary
of State the certification requirements of sec. 2(7)(C)(i) of S. Res.
75 (105th Congress), concerning the effectiveness and viability of the
Australia Group. In sec. 2(b) of Executive Order 13346, the President
assigned to the Secretary of Commerce the certification requirements of
sec. 2(9) of S. Res. 75 (105th Congress), concerning the interests of
certain firms in the United States.
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SEC. 102.\5\ NO ABRIDGEMENT OF CONSTITUTIONAL RIGHTS.
No person may be required, as a condition for entering into
a contract with the United States or as a condition for
receiving any benefit from the United States, to waive any
right under the Constitution for any purpose related to this
Act or the Convention.
---------------------------------------------------------------------------
\5\ 22 U.S.C. 6712.
---------------------------------------------------------------------------
SEC. 103.\6\ CIVIL LIABILITY OF THE UNITED STATES.
(a) Claims for Taking of Property.--
---------------------------------------------------------------------------
\6\ 22 U.S.C. 6713.
---------------------------------------------------------------------------
(1) Jurisdiction of courts of the united states.--
(A) United states court of federal claims.--
The United States Court of Federal Claims
shall, subject to subparagraph (B), have
jurisdiction of any civil action or claim
against the United States for any taking of
property without just compensation that occurs
by reason of the action of any officer or
employee of the Organization for the
Prohibition of Chemical Weapons, including any
member of an inspection team of the Technical
Secretariat, or by reason of the action of any
officer or employee of the United States
pursuant to this Act or the Convention. For
purposes of this subsection, action taken
pursuant to or under the color of this Act or
the Convention shall be deemed to be action
taken by the United States for a public
purpose.
(B) District courts.--The district courts of
the United States shall have original
jurisdiction, concurrent with the United States
Court of Federal Claims, of any civil action or
claim described in subparagraph (A) that does
not exceed $10,000.
(2) Notification.--Any person intending to bring a
civil action pursuant to paragraph (1) shall notify the
United States National Authority of that intent at
least one year before filing the claim in the United
States Court of Federal Claims. Action on any claim
filed during that one-year period shall be stayed. The
one-year period following the notification shall not be
counted for purposes of any law limiting the period
within which the civil action may be commenced.
(3) Initial steps by united states government to seek
remedies.--During the period between a notification
pursuant to paragraph (2) and the filing of a claim
covered by the notification in the United States Court
of Federal Claims, the United States National Authority
shall pursue all diplomatic and other remedies that the
United States National Authority considers necessary
and appropriate to seek redress for the claim
including, but not limited to, the remedies provided
for in the Convention and under this Act.
(4) Burden of proof.--In any civil action under
paragraph (1), the plaintiff shall have the burden to
establish a prima facie case that, due to acts or
omissions of any official of the Organization or any
member of an inspection team of the Technical
Secretariat taken under the color of the Convention,
proprietary information of the plaintiff has been
divulged or taken without authorization. If the United
States Court of Federal Claims finds that the plaintiff
has demonstrated such a prima facie case, the burden
shall shift to the United States to disprove the
plaintiff's claim. In deciding whether the plaintiff
has carried its burden, the United States Court of
Federal Claims shall consider, among other things--
(A) the value of proprietary information;
(B) the availability of the proprietary
information;
(C) the extent to which the proprietary
information is based on patents, trade secrets,
or other protected intellectual property;
(D) the significance of proprietary
information; and
(E) the emergence of technology elsewhere a
reasonable time after the inspection.
(b) Tort Liability.--The district courts of the United
States shall have exclusive jurisdiction of civil actions for
money damages for any tort under the Constitution or any
Federal or State law arising from the acts or omissions of any
officer or employee of the United States or the Organization,
including any member of an inspection team of the Technical
Secretariat, taken pursuant to or under color of the Convention
or this Act.
(c) Waiver of Sovereign Immunity of the United States.--In
any action under subsection (a) or (b), the United States may
not raise sovereign immunity as a defense.
(d) Authority for Cause of Action.--
(1) United states actions in united states district
court.--Notwithstanding any other law, the Attorney
General of the United States is authorized to bring an
action in the United States District Court for the
District of Columbia against any foreign nation for
money damages resulting from that nation's refusal to
provide indemnification to the United States for any
liability imposed on the United States by virtue of the
actions of an inspector of the Technical Secretariat
who is a national of that foreign nation acting at the
direction or the behest of that foreign nation.
(2) United states actions in courts outside the
united states.--The Attorney General is authorized to
seek any and all available redress in any international
tribunal for indemnification to the United States for
any liability imposed on the United States by virtue of
the actions of an inspector of the Technical
Secretariat, and to seek such redress in the courts of
the foreign nation from which the inspector is a
national.
(3) Actions brought by individuals and businesses.--
Notwithstanding any other law, any national of the
United States, or any business entity organized and
operating under the laws of the United States, may
bring a civil action in a United States District Court
for money damages against any foreign national or any
business entity organized and operating under the laws
of a foreign nation for an unauthorized or unlawful
acquisition, receipt, transmission, or use of property
by or on behalf of such foreign national or business
entity as a result of any tort under the Constitution
or any Federal or State law arising from acts or
omissions by any officer or employee of the United
States or any member of an inspection team of the
Technical Secretariat taken pursuant to or under the
color of the Convention or this Act.
(e) Recoupment.--
(1) Policy.--It is the policy of the United States to
recoup all funds withdrawn from the Treasury of the
United States in payment for any tort under Federal or
State law or taking under the Constitution arising from
the acts or omissions of any foreign person, officer,
or employee of the Organization, including any member
of an inspection team of the Technical Secretariat,
taken under color of the Chemical Weapons Convention or
this Act.
(2) Sanctions on foreign companies.--
(A) Imposition of sanctions.--The sanctions
provided in subparagraph (B) shall be imposed
for a period of not less than ten years upon--
(i) any foreign person, officer, or
employee of the Organization, including
any member of an inspection team of the
Technical Secretariat, for whose
actions or omissions the United States
has been held liable for a tort or
taking pursuant to this Act; and
(ii) any foreign person or business
entity organized and operating under
the laws of a foreign nation which
knowingly assisted, encouraged or
induced, in any way, a foreign person
described in clause (i) to publish,
divulge, disclose, or make known in any
manner or to any extent not authorized
by the Convention any United States
confidential business information.
(B) Sanctions.--
(i) Arms export transactions.--The
United States Government shall not sell
to a person described in subparagraph
(A) any item on the United States
Munitions List and shall terminate
sales of any defense articles, defense
services, or design and construction
services to a person described in
subparagraph (A) under the Arms Export
Control Act.
(ii) Sanctions under export
administration act of 1979.--The
authorities under section 6 of the
Export Administration Act of 1979 shall
be used to prohibit the export of any
goods or technology on the control list
established pursuant to section 5(c)(1)
of that Act to a person described in
subparagraph (A).
(iii) International financial
assistance.--The United States shall
oppose any loan or financial or
technical assistance by international
financial institutions in accordance
with section 701 of the International
Financial Institutions Act to a person
described in subparagraph (A).
(iv) Export-import bank
transactions.--The United States shall
not give approval to guarantee, insure,
or extend credit, or to participate in
the extension of credit to a person
described in subparagraph (A) through
the Export-Import Bank of the United
States.
(v) Private bank transactions.--
Regulations shall be issued to prohibit
any United States bank from making any
loan or providing any credit to a
person described in subparagraph (A).
(vi) Blocking of assets.--The
President shall take all steps
necessary to block any transactions in
any property subject to the
jurisdiction of the United States in
which a person described in
subparagraph (A) has any interest
whatsoever, for the purpose of
recouping funds in accordance with the
policy in paragraph (1).
(vii) Denial of landing rights.--
Landing rights in the United States
shall be denied to any private aircraft
or air carrier owned by a person
described in subparagraph (A) except as
necessary to provide for emergencies in
which the safety of the aircraft or its
crew or passengers is threatened.
(3) Sanctions on foreign governments.--
(A) Imposition of sanctions.--Whenever the
President determines that persuasive
information is available indicating that a
foreign country has knowingly assisted,
encouraged or induced, in any way, a person
described in paragraph (2)(A) to publish,
divulge, disclose, or make known in any manner
or to any extent not authorized by the
Convention any United States confidential
business information, the President shall,
within 30 days after the receipt of such
information by the executive branch of
Government, notify the Congress in writing of
such determination and, subject to the
requirements of paragraphs (4) and (5), impose
the sanctions provided under subparagraph (B)
for a period of not less than five years.
(B) Sanctions.--
(i) Arms export transactions.--The
United States Government shall not sell
a country described in subparagraph (A)
any item on the United States Munitions
List, shall terminate sales of any
defense articles, defense services, or
design and construction services to
that country under the Arms Export
Control Act, and shall terminate all
foreign military financing for that
country under the Arms Export Control
Act.
(ii) Denial of certain licenses.--
Licenses shall not be issued for the
export to the sanctioned country of any
item on the United States Munitions
List or commercial satellites.
(iii) Denial of assistance.--No
appropriated funds may be used for the
purpose of providing economic
assistance, providing military
assistance or grant military education
and training, or extending military
credits or making guarantees to a
country described in subparagraph (A).
(iv) Sanctions under export
administration act of 1979.--The
authorities of section 6 of the Export
Administration Act of 1979 shall be
used to prohibit the export of any
goods or technology on the control list
established pursuant to section 5(c)(1)
of that Act to a country described in
subparagraph (A).
(v) International financial
assistance.--The United States shall
oppose any loan or financial or
technical assistance by international
financial institutions in accordance
with section 701 of the International
Financial Institutions Act to a country
described in subparagraph (A).
(vi) Termination of assistance under
foreign assistance act of 1961.--The
United States shall terminate all
assistance to a country described in
subparagraph (A) under the Foreign
Assistance Act of 1961, except for
urgent humanitarian assistance.
(vii) Private bank transactions.--The
United States shall not give approval
to guarantee, insure, or extend credit,
or participate in the extension of
credit through the Export-Import Bank
of the United States to a country
described in subparagraph (A).
(viii) Private bank transactions.--
Regulations shall be issued to prohibit
any United States bank from making any
loan or providing any credit to a
country described in subparagraph (A).
(ix) Denial of landing rights.--
Landing rights in the United States
shall be denied to any air carrier
owned by a country described in
subparagraph (A), except as necessary
to provide for emergencies in which the
safety of the aircraft or its crew or
passengers is threatened.
(4) Suspension of sanctions upon recoupment by
payment.--Sanctions imposed under paragraph (2) or (3)
may be suspended if the sanctioned person, business
entity, or country, within the period specified in that
paragraph, provides full and complete compensation to
the United States Government, in convertible foreign
exchange or other mutually acceptable compensation
equivalent to the full value thereof, in satisfaction
of a tort or taking for which the United States has
been held liable pursuant to this Act.
(5) Waiver of sanctions on foreign countries.--The
President may waive some or all of the sanctions
provided under paragraph (3) in a particular case if he
determines and certifies in writing to the Speaker of
the House of Representatives and the Committee on
Foreign Relations of the Senate that such waiver is
necessary to protect the national security interests of
the United States. The certification shall set forth
the reasons supporting the determination and shall take
effect on the date on which the certification is
received by the Congress.
(6) Notification to congress.--Not later than five
days after sanctions become effective against a foreign
person pursuant to this Act, the President shall
transmit written notification of the imposition of
sanctions against that foreign person to the chairmen
and ranking members of the Committee on International
Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(f) Sanctions for Unauthorized Disclosure of United States
Confidential Business Information.--The Secretary of State
shall deny a visa to, and the Attorney General shall exclude
from the United States any alien who, after the date of
enactment of this Act--
(1) is, or previously served as, an officer or
employee of the Organization and who has willfully
published, divulged, disclosed, or made known in any
manner or to any extent not authorized by the
Convention any United States confidential business
information coming to him in the course of his
employment or official duties, or by reason of any
examination or investigation of any return, report, or
record made to or filed with the Organization, or any
officer or employee thereof, such practice or
disclosure having resulted in financial losses or
damages to a United States person and for which actions
or omissions the United States has been found liable of
a tort or taking pursuant to this Act;
(2) traffics in United States confidential business
information, a proven claim to which is owned by a
United States national;
(3) is a corporate officer, principal, shareholder
with a controlling interest of an entity which has been
involved in the unauthorized disclosure of United
States confidential business information, a proven
claim to which is owned by a United States national; or
(4) is a spouse, minor child, or agent of a person
excludable under paragraph (1), (2), or (3).
(g) United States Confidential Business Information
Defined.--In this section, the term ``United States
confidential business information'' means any trade secrets or
commercial or financial information that is privileged and
confidential--
(1) including--
(A) data described in section 304(e)(2) of
this Act,
(B) any chemical structure,
(C) any plant design process, technology, or
operating method,
(D) any operating requirement, input, or
result that identifies any type or quantity of
chemicals used, processed, or produced, or
(E) any commercial sale, shipment, or use of
a chemical, or
(2) as described in section 552(b)(4) of title 5,
United States Code,
and that is obtained--
(i) from a United States person; or
(ii) through the United States Government or the conduct of
an inspection on United States territory under the Convention.
TITLE II--PENALTIES FOR UNLAWFUL ACTIVITIES SUBJECT TO THE JURISDICTION
OF THE UNITED STATES
Subtitle A--Criminal and Civil Penalties
SEC. 201. CRIMINAL AND CIVIL PROVISIONS.
(a) In General.--Part I of title 18, United States Code, is
amended by inserting after chapter 11A the following new
chapter:
``CHAPTER 11B--CHEMICAL WEAPONS
``Sec.
``229. Prohibited activities.
``229A. Penalties.
``229B. Criminal forfeitures; destruction of weapons.
``229C. Individual self-defense devices.
``229D. Injunctions.
``229E. Requests for military assistance to enforce prohibition in
certain emergencies.
``229F. Definitions.
``Sec. 229. Prohibited activities
``(a) Unlawful Conduct.--Except as provided in subsection
(b), it shall be unlawful for any person knowingly--
``(1) to develop, produce, otherwise acquire,
transfer directly or indirectly, receive, stockpile,
retain, own, possess, or use, or threaten to use, any
chemical weapon; or
``(2) to assist or induce, in any way, any person to
violate paragraph (1), or to attempt or conspire to
violate paragraph (1).
``(b) Exempted Agencies and Persons.--
``(1) In general.--Subsection (a) does not apply to
the retention, ownership, possession, transfer, or
receipt of a chemical weapon by a department, agency,
or other entity of the United States, or by a person
described in paragraph (2), pending destruction of the
weapon.
``(2) Exempted persons.--A person referred to in
paragraph (1) is--
``(A) any person, including a member of the
Armed Forces of the United States, who is
authorized by law or by an appropriate officer
of the United States to retain, own, possess,
transfer, or receive the chemical weapon; or
``(B) in an emergency situation, any
otherwise nonculpable person if the person is
attempting to destroy or seize the weapon.
``(c) Jurisdiction.--Conduct prohibited by subsection (a)
is within the jurisdiction of the United States if the
prohibited conduct--
``(1) takes place in the United States;
``(2) takes place outside of the United States and is
committed by a national of the United States;
``(3) is committed against a national of the United
States while the national is outside the United States;
or
``(4) is committed against any property that is
owned, leased, or used by the United States or by any
department or agency of the United States, whether the
property is within or outside the United States.
``Sec. 229A. Penalties
``(a) Criminal Penalties.--
``(1) In general.--Any person who violates section
229 of this title shall be fined under this title, or
imprisoned for any term of years, or both.
``(2) Death penalty.--Any person who violates section
229 of this title and by whose action the death of
another person is the result shall be punished by death
or imprisoned for life.
``(b) Civil Penalties.--
``(1) In general.--The Attorney General may bring a
civil action in the appropriate United States district
court against any person who violates section 229 of
this title and, upon proof of such violation by a
preponderance of the evidence, such person shall be
subject to pay a civil penalty in an amount not to
exceed $100,000 for each such violation.
``(2) Relation to other proceedings.--The imposition
of a civil penalty under this subsection does not
preclude any other criminal or civil statutory, common
law, or administrative remedy, which is available by
law to the United States or any other person.
``(c) Reimbursement of Costs.--The court shall order any
person convicted of an offense under subsection (a) to
reimburse the United States for any expenses incurred by the
United States incident to the seizure, storage, handling,
transportation, and destruction or other disposition of any
property that was seized in connection with an investigation of
the commission of the offense by that person. A person ordered
to reimburse the United States for expenses under this
subsection shall be jointly and severally liable for such
expenses with each other person, if any, who is ordered under
this subsection to reimburse the United States for the same
expenses.
``Sec. 229B. Criminal forfeitures; destruction of weapons
``(a) Property Subject to Criminal Forfeiture.--Any person
convicted under section 229A(a) shall forfeit to the United
States irrespective of any provision of State law--
``(1) any property, real or personal, owned,
possessed, or used by a person involved in the offense;
``(2) any property constituting, or derived from, and
proceeds the person obtained, directly or indirectly,
as the result of such violation; and
``(3) any of the property used in any manner or part,
to commit, or to facilitate the commission of, such
violation.
The court, in imposing sentence on such person, shall order, in
addition to any other sentence imposed pursuant to section
229A(a), that the person forfeit to the United States all
property described in this subsection. In lieu of a fine
otherwise authorized by section 229A(a), a defendant who
derived profits or other proceeds from an offense may be fined
not more than twice the gross profits or other proceeds.
``(b) Procedures.--
``(1) General.--Property subject to forfeiture under
this section, any seizure and disposition thereof, and
any administrative or judicial proceeding in relation
thereto, shall be governed by subsections (b) through
(p) of section 413 of the Comprehensive Drug Abuse
Prevention and Control Act of 1970 (21 U.S.C. 853),
except that any reference under those subsections to--
``(A) `this subchapter or subchapter II'
shall be deemed to be a reference to section
229A(a); and
``(B) `subsection (a)' shall be deemed to be
a reference to subsection (a) of this section.
``(2) Temporary restraining orders.--
``(A) In general.--For the purposes of
forfeiture proceedings under this section, a
temporary restraining order may be entered upon
application of the United States without notice
or opportunity for a hearing when an
information or indictment has not yet been
filed with respect to the property, if, in
addition to the circumstances described in
section 413(e)(2) of the Comprehensive Drug
Abuse Prevention and Control Act of 1970 (21
U.S.C. 853(e)(2)), the United States
demonstrates that there is probable cause to
believe that the property with respect to which
the order is sought would, in the event of
conviction, be subject to forfeiture under this
section and exigent circumstances exist that
place the life or health of any person in
danger.
``(B) Warrant of seizure.--If the court
enters a temporary restraining order under this
paragraph, it shall also issue a warrant
authorizing the seizure of such property.
``(C) Applicable procedures.--The procedures
and time limits applicable to temporary
restraining orders under section 413(e) (2) and
(3) of the Comprehensive Drug Abuse Prevention
and Control Act of 1970 (21 U.S.C. 853(e) (2)
and (3)) shall apply to temporary restraining
orders under this paragraph.
``(c) Affirmative Defense.--It is an affirmative defense
against a forfeiture under subsection (b) that the property--
``(1) is for a purpose not prohibited under the
Chemical Weapons Convention; and
``(2) is of a type and quantity that under the
circumstances is consistent with that purpose.
``(d) Destruction or Other Disposition.--The Attorney
General shall provide for the destruction or other appropriate
disposition of any chemical weapon seized and forfeited
pursuant to this section.
``(e) Assistance.--The Attorney General may request the
head of any agency of the United States to assist in the
handling, storage, transportation, or destruction of property
seized under this section.
``(f) Owner Liability.--The owner or possessor of any
property seized under this section shall be liable to the
United States for any expenses incurred incident to the
seizure, including any expenses relating to the handling,
storage, transportation, and destruction or other disposition
of the seized property.
``Sec. 229C. Individual self-defense devices
``Nothing in this chapter shall be construed to prohibit
any individual self-defense device, including those using a
pepper spray or chemical mace.
``Sec. 229D. Injunctions
``The United States may obtain in a civil action an
injunction against--
``(1) the conduct prohibited under section 229 or
229C of this title; or
``(2) the preparation or solicitation to engage in
conduct prohibited under section 229 or 229D of this
title.
``Sec. 229E. Requests for military assistance to enforce prohibition in
certain emergencies
``The Attorney General may request the Secretary of Defense
to provide assistance under section 382 of title 10 in support
of Department of Justice activities relating to the enforcement
of section 229 of this title in an emergency situation
involving a chemical weapon. The authority to make such a
request may be exercised by another official of the Department
of Justice in accordance with section 382(f)(2) of title 10.
``Sec. 229F. Definitions
``In this chapter:
``(1) Chemical weapon.--The term `chemical weapon'
means the following, together or separately:
``(A) A toxic chemical and its precursors,
except where intended for a purpose not
prohibited under this chapter as long as the
type and quantity is consistent with such a
purpose.
``(B) A munition or device, specifically
designed to cause death or other harm through
toxic properties of those toxic chemicals
specified in subparagraph (A), which would be
released as a result of the employment of such
munition or device.
``(C) Any equipment specifically designed for
use directly in connection with the employment
of munitions or devices specified in
subparagraph (B).
``(2) Chemical weapons convention; convention.--The
terms `Chemical Weapons Convention' and `Convention'
mean the Convention on the Prohibition of the
Development, Production, Stockpiling and Use of
Chemical Weapons and on Their Destruction, opened for
signature on January 13, 1993.
``(3) Key component of a binary or multicomponent
chemical system.--The term `key component of a binary
or multicomponent chemical system' means the precursor
which plays the most important role in determining the
toxic properties of the final product and reacts
rapidly with other chemicals in the binary or
multicomponent system.
``(4) National of the united states.--The term
`national of the United States' has the same meaning
given such term in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).
``(5) Person.--The term `person', except as otherwise
provided, means any individual, corporation,
partnership, firm, association, trust, estate, public
or private institution, any State or any political
subdivision thereof, or any political entity within a
State, any foreign government or nation or any agency,
instrumentality or political subdivision of any such
government or nation, or other entity located in the
United States.
``(6) Precursor.--
``(A) In general.--The term `precursor' means
any chemical reactant which takes part at any
stage in the production by whatever method of a
toxic chemical. The term includes any key
component of a binary or multicomponent
chemical system.
``(B) List of precursors.--Precursors which
have been identified for the application of
verification measures under Article VI of the
Convention are listed in schedules contained in
the Annex on Chemicals of the Chemical Weapons
Convention.
``(7) Purposes not prohibited by this chapter.--The
term `purposes not prohibited by this chapter' means
the following:
``(A) Peaceful purposes.--Any peaceful
purpose related to an industrial, agricultural,
research, medical, or pharmaceutical activity
or other activity.
``(B) Protective purposes.--Any purpose
directly related to protection against toxic
chemicals and to protection against chemical
weapons.
``(C) Unrelated military purposes.--Any
military purpose of the United States that is
not connected with the use of a chemical weapon
or that is not dependent on the use of the
toxic or poisonous properties of the chemical
weapon to cause death or other harm.
``(D) Law enforcement purposes.--Any law
enforcement purpose, including any domestic
riot control purpose and including imposition
of capital punishment.
``(8) Toxic chemical.--
``(A) In general.--The term `toxic chemical'
means any chemical which through its chemical
action on life processes can cause death,
temporary incapacitation or permanent harm to
humans or animals. The term includes all such
chemicals, regardless of their origin or of
their method of production, and regardless of
whether they are produced in facilities, in
munitions or elsewhere.
``(B) List of toxic chemicals.--Toxic
chemicals which have been identified for the
application of verification measures under
Article VI of the Convention are listed in
schedules contained in the Annex on Chemicals
of the Chemical Weapons Convention.
``(9) United states.--The term `United States' means
the several States of the United States, the District
of Columbia, and the commonwealths, territories, and
possessions of the United States and includes all
places under the jurisdiction or control of the United
States, including--
``(A) any of the places within the provisions
of paragraph (41) of section 40102 of title 49,
United States Code;
``(B) any civil aircraft of the United States
or public aircraft, as such terms are defined
in paragraphs (17) and (37), respectively, of
section 40102 of title 49, United States Code;
and
``(C) any vessel of the United States, as
such term is defined in section 3(b) of the
Maritime Drug Enforcement Act, as amended (46
U.S.C., App. sec. 1903(b)).''.
(b) Conforming Amendments.--
(1) Weapons of mass destruction.--Section 2332a of
title 18, United States Code, is amended-- * * *
(2) Table of chapters.--The table of chapters for
part I of title 18, United States Code, is amended by
inserting after the item for chapter 11A the following
new item: * * *
(c) Repeals.--The following provisions of law are repealed:
(1) Section 2332c of title 18, United States Code,
relating to chemical weapons.
(2) In the table of sections for chapter 113B of
title 18, United States Code, the item relating to
section 2332c.
Subtitle B--Revocations of Export Privileges
SEC. 211.\7\ REVOCATIONS OF EXPORT PRIVILEGES.
If the President determines, after notice and an
opportunity for a hearing in accordance with section 554 of
title 5, United States Code, that any person within the United
States, or any national of the United States located outside
the United States, has committed any violation of section 229
of title 18, United States Code, the President may issue an
order for the suspension or revocation of the authority of the
person to export from the United States any goods or technology
(as such terms are defined in section 16 of the Export
Administration Act of 1979 (50 U.S.C. App. 2415)).
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\7\ 18 U.S.C. 229 note.
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TITLE III--INSPECTIONS
SEC. 301.\8\ DEFINITIONS IN THE TITLE.
(a) In General.--In this title, the terms ``challenge
inspection'', ``plant site'', ``plant'', ``facility
agreement'', ``inspection team'', and ``requesting state
party'' have the meanings given those terms in Part I of the
Annex on Implementation and Verification of the Chemical
Weapons Convention. The term ``routine inspection'' means an
inspection, other than an ``initial inspection'', undertaken
pursuant to Article VI of the Convention.
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\8\ 22 U.S.C. 6721.
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(b) Definition of Judge of the United States.--In this
title, the term ``judge of the United States'' means a judge or
magistrate judge of a district court of the United States.
SEC. 302.\9\ FACILITY AGREEMENTS.
(a) Authorization of Inspections.--Inspections by the
Technical Secretariat of plants, plant sites, or other
facilities or locations for which the United States has a
facility agreement with the Organization shall be conducted in
accordance with the facility agreement. Any such facility
agreement may not in any way limit the right of the owner or
operator of the facility to withhold consent to an inspection
request.
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\9\ 22 U.S.C. 6722.
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(b) Types of Facility Agreements.--
(1) Schedule two facilities.--The United States
National Authority shall ensure that facility
agreements for plants, plant sites, or other facilities
or locations that are subject to inspection pursuant to
paragraph 4 of Article VI of the Convention are
concluded unless the owner, operator, occupant, or
agent in charge of the facility and the Technical
Secretariat agree that such an agreement is not
necessary.
(2) Schedule three facilities.--The United States
National Authority shall ensure that facility
agreements are concluded for plants, plant sites, or
other facilities or locations that are subject to
inspection pursuant to paragraph 5 or 6 of Article VI
of the Convention if so requested by the owner,
operator, occupant, or agent in charge of the facility.
(c) Notification Requirements.--The United States National
Authority shall ensure that the owner, operator, occupant, or
agent in charge of a facility prior to the development of the
agreement relating to that facility is notified and, if the
person notified so requests, the person may participate in the
preparations for the negotiation of such an agreement. To the
maximum extent practicable consistent with the Convention, the
owner and the operator, occupant or agent in charge of a
facility may observe negotiations of the agreement between the
United States and the Organization concerning that facility.
(d) Content of Facility Agreements.--Facility agreements
shall--
(1) identify the areas, equipment, computers,
records, data, and samples subject to inspection;
(2) describe the procedures for providing notice of
an inspection to the owner, occupant, operator, or
agent in charge of a facility;
(3) describe the timeframes for inspections; and
(4) detail the areas, equipment, computers, records,
data, and samples that are not subject to inspection.
SEC. 303.\10\ AUTHORITY TO CONDUCT INSPECTIONS.
(a) Prohibition.--No inspection of a plant, plant site, or
other facility or location in the United States shall take
place under the Convention without the authorization of the
United States National Authority in accordance with the
requirements of this title.
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\10\ 22 U.S.C. 6723.
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(b) Authority.--
(1) Technical secretariat inspection teams.--Any duly
designated member of an inspection team of the
Technical Secretariat may inspect any plant, plant
site, or other facility or location in the United
States subject to inspection pursuant to the
Convention.
(2) United states government representatives.--The
United States National Authority shall coordinate the
designation of employees of the Federal Government
(and, in the case of an inspection of a United States
Government facility, the designation of contractor
personnel who shall be led by an employee of the
Federal Government) \11\ to accompany members of an
inspection team of the Technical Secretariat and, in
doing so, shall ensure that--
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\11\ Sec. 1204(a) of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1247) inserted ``(and,
in the case of an inspection of a United States Government facility,
the designation of contractor personnel who shall be led by an employee
of the Federal Government)''.
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(A) \12\ a special agent of the Federal
Bureau of Investigation, as designated by the
Federal Bureau of Investigation, accompanies
each inspection team visit pursuant to
paragraph (1);
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\12\ Sec. 1117 of the Arms Control and Nonproliferation Act of 1999
(title XI of division B of H.R. 3427; 113 Stat. 1501A-489; as enacted
by sec. 1000(7) of Public Law 106-113) provided the following:
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``sec. 1117. protection of united states companies.
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``(a) Reimbursement.--During the 2-year period beginning on the
date of the enactment of this Act, the United States National Authority
(as designated pursuant to section 101 of the Chemical Weapons
Convention Implementation Act of 1998 (as contained in division I of
Public Law 105-277)) shall, upon request of the Director of the Federal
Bureau of Investigation, reimburse the Federal Bureau of Investigation
for all costs incurred by the Bureau for such period in connection with
implementation of section 303(b)(2)(A) of that Act, except that such
reimbursement may not exceed $2,000,000 for such 2-year period.
``(b) Report.--Not later than 180 days prior to the expiration of
the 2-year period described in subsection (a), the Director of the
Federal Bureau of Investigation shall prepare and submit to the
Committee on International Relations of the House of Representatives
and the Committee on Foreign Relations of the Senate a report on how
activities under section 303(b)(2)(A) of the Chemical Weapons
Convention Implementation Act of 1998 will be fully funded and
implemented by the Federal Bureau of Investigation notwithstanding the
expiration of the 2-year period described in subsection (a).''.
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(B) no employee of the Environmental
Protection Agency or the Occupational Safety
and Health Administration accompanies any
inspection team visit conducted pursuant to
paragraph (1); and
(C) the number of duly designated
representatives shall be kept to the minimum
necessary.
(3) Objections to individuals serving as
inspectors.--
(A) In general.--In deciding whether to
exercise the right of the United States under
the Convention to object to an individual
serving as an inspector, the President shall
give great weight to his reasonable belief
that--
(i) such individual is or has been a
member of, or a participant in, any
group or organization that has engaged
in, or attempted or conspired to engage
in, or aided or abetted in the
commission of, any terrorist act or
activity;
(ii) such individual has committed
any act or activity which would be a
felony under the laws of the United
States; or
(iii) the participation of such
individual as a member of an inspection
team would pose a risk to the national
security or economic well-being of the
United States.
(B) Not subject to judicial review.--Any
objection by the President to an individual
serving as an inspector, whether made pursuant
to this section or otherwise, shall not be
reviewable in any court.
(c) \13\ Exception.--The requirement under subsection
(b)(2)(A) shall not apply to inspections of United States
chemical weapons destruction facilities (as used within the
meaning of part IV(C)(13) of the Verification Annex to the
Convention).
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\13\ Sec. 305 of the Security Assistance Act of 2000 (Public Law
106-280; 114 Stat. 854) added subsec. (c).
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SEC. 304.\14\ PROCEDURES FOR INSPECTIONS.
(a) Types of Inspections.--Each inspection of a plant,
plant site, or other facility or location in the United States
under the Convention shall be conducted in accordance with this
section and section 305, except where other procedures are
provided in a facility agreement entered into under section
302.
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\14\ 22 U.S.C. 6724.
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(b) Notice.--
(1) In general.--An inspection referred to in
subsection (a) may be made only upon issuance of an
actual written notice by the United States National
Authority to the owner and to the operator, occupant,
or agent in charge of the premises to be inspected.
(2) Time of Notification \15\.--The notice for a
routine inspection shall be submitted to the owner and
to the operator, occupant, or agent in charge within
six hours of receiving the notification of the
inspection from the Technical Secretariat or as soon as
possible thereafter. Notice for a challenge inspection
shall be provided at any appropriate time determined by
the United States National Authority. Notices may be
posted prominently at the plant, plant site, or other
facility or location if the United States is unable to
provide actual written notice to the owner, operator,
or agent in charge of the premises.
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\15\ As enrolled.
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(3) Content of notice.--
(A) In general.--The notice under paragraph
(1) shall include all appropriate information
supplied by the Technical Secretariat to the
United States National Authority concerning--
(i) the type of inspection;
(ii) the basis for the selection of
the plant, plant site, or other
facility or location for the type of
inspection sought;
(iii) the time and date that the
inspection will begin and the period
covered by the inspection; and
(iv) the names and titles of the
inspectors.
(B) Special rule for challenge inspections.--
In the case of a challenge inspection pursuant
to Article IX of the Convention, the notice
shall also include all appropriate evidence or
reasons provided by the requesting state party
to the Convention for seeking the inspection.
(4) Separate notices required.--A separate notice
shall be provided for each inspection, except that a
notice shall not be required for each entry made during
the period covered by the inspection.
(c) Credentials.--The head of the inspection team of the
Technical Secretariat and the accompanying employees of the
Federal Government (and, in the case of an inspection of a
United States Government facility, any accompanying contractor
personnel) \16\ shall display appropriate identifying
credentials to the owner, operator, occupant, or agent in
charge of the premises before the inspection is commenced.
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\16\ Sec. 1204(b) of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1247) struck out
``Federal government'' and inserted in lieu thereof ``Federal
Government (and, in the case of an inspection of a United States
Government facility, any accompanying contractor personnel)''.
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(d) Timeframe for Inspections.--Consistent with the
provisions of the Convention, each inspection shall be
commenced and completed with reasonable promptness and shall be
conducted at reasonable times, within reasonable limits, and in
a reasonable manner.
(e) Scope.--
(1) In general.--Except as provided in a warrant
issued under section 305 or a facility agreement
entered into under section 302, an inspection conducted
under this title may extend to all things within the
premises inspected (including records, files, papers,
processes, controls, structures and vehicles) related
to whether the requirements of the Convention
applicable to such premises have been complied with.
(2) Exception.--Unless required by the Convention, no
inspection under this title shall extend to--
(A) financial data;
(B) sales and marketing data (other than
shipment data);
(C) pricing data;
(D) personnel data;
(E) research data;
(F) patent data;
(G) data maintained for compliance with
environmental or occupational health and safety
regulations; or
(H) personnel and vehicles entering and
personnel and personal passenger vehicles
exiting the facility.
(f) Sampling and Safety.--
(1) In general.--The Director of the United States
National Authority is authorized to require the
provision of samples to a member of the inspection team
of the Technical Secretariat in accordance with the
provisions of the Convention. The owner or the
operator, occupant or agent in charge of the premises
to be inspected shall determine whether the sample
shall be taken by representatives of the premises or
the inspection team or other individuals present. No
sample collected in the United States pursuant to an
inspection permitted by this Act may be transferred for
analysis to any laboratory outside the territory of the
United States.
(2) Compliance with regulations.--In carrying out
their activities, members of the inspection team of the
Technical Secretariat and representatives of agencies
or departments accompanying the inspection team shall
observe safety regulations established at the premises
to be inspected, including those for protection of
controlled environments within a facility and for
personal safety.
(g) Coordination.--The appropriate representatives of the
United States, as designated, if present, shall assist the
owner and the operator, occupant or agent in charge of the
premises to be inspected in interacting with the members of the
inspection team of the Technical Secretariat.
SEC. 305.\17\ WARRANTS.
(a) In General.--The United States Government shall seek
the consent of the owner or the operator, occupant, or agent in
charge of the premises to be inspected prior to any inspection
referred to in section 304(a). If consent is obtained, a
warrant is not required for the inspection. The owner or the
operator, occupant, or agent in charge of the premises to be
inspected may withhold consent for any reason or no reason.
After providing notification pursuant to subsection (b), the
United States Government may seek a search warrant from a
United States magistrate judge. Proceedings regarding the
issuance of a search warrant shall be conducted ex parte,
unless otherwise requested by the United States Government.
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\17\ 22 U.S.C. 6725.
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(b) Routine Inspections.--
(1) Obtaining administrative search warrants.--For
any routine inspection conducted on the territory of
the United States pursuant to Article VI of the
Convention, where consent has been withheld, the United
States Government shall first obtain an administrative
search warrant from a judge of the United States. The
United States Government shall provide to the judge of
the United States all appropriate information supplied
by the Technical Secretariat to the United States
National Authority regarding the basis for the
selection of the plant site, plant, or other facility
or location for the type of inspection sought. The
United States Government shall also provide any other
appropriate information available to it relating to the
reasonableness of the selection of the plant, plant
site, or other facility or location for the inspection.
(2) Content of affidavits for administrative search
warrants.--The judge of the United States shall
promptly issue a warrant authorizing the requested
inspection upon an affidavit submitted by the United
States Government showing that--
(A) the Chemical Weapons Convention is in
force for the United States;
(B) the plant site, plant, or other facility
or location sought to be inspected is required
to report data under title IV of this Act and
is subject to routine inspection under the
Convention;
(C) the purpose of the inspection is--
(i) in the case of any facility owned
or operated by a non-Government entity
related to Schedule 1 chemical agents,
to verify that the facility is not used
to produce any Schedule 1 chemical
agent except for declared chemicals;
quantities of Schedule 1 chemicals
produced, processed, or consumed are
correctly declared and consistent with
needs for the declared purpose; and
Schedule 1 chemicals are not diverted
or used for other purposes;
(ii) in the case of any facility
related to Schedule 2 chemical agents,
to verify that activities are in
accordance with obligations under the
Convention and consistent with the
information provided in data
declarations; and
(iii) in the case of any facility
related to Schedule 3 chemical agents
and any other chemical production
facility, to verify that the activities
of the facility are consistent with the
information provided in data
declarations;
(D) the items, documents, and areas to be
searched and seized;
(E) in the case of a facility related to
Schedule 2 or Schedule 3 chemical agents or
unscheduled discrete organic chemicals, the
plant site has not been subject to more than 1
routine inspection in the current calendar
year, and, in the case of facilities related to
Schedule 3 chemical agents or unscheduled
discrete organic chemicals, the inspection will
not cause the number of routine inspections in
the United States to exceed 20 in a calendar
year;
(F) the selection of the site was made in
accordance with procedures established under
the Convention and, in particular--
(i) in the case of any facility owned
or operated by a non-Government entity
related to Schedule 1 chemical agents,
the intensity, duration, timing, and
mode of the requested inspection is
based on the risk to the object and
purpose of the Convention by the
quantities of chemical produced, the
characteristics of the facility and the
nature of activities carried out at the
facility, and the requested inspection,
when considered with previous such
inspections of the facility undertaken
in the current calendar year, shall not
exceed the number reasonably required
based on the risk to the object and
purpose of the Convention as described
above;
(ii) in the case of any facility
related to Schedule 2 chemical agents,
the Technical Secretariat gave due
consideration to the risk to the object
and purpose of the Convention posed by
the relevant chemical, the
characteristics of the plant site and
the nature of activities carried out
there, taking into account the
respective facility agreement as well
as the results of the initial
inspections and subsequent inspections;
and
(iii) in the case of any facility
related to Schedule 3 chemical agents
or unscheduled discrete organic
chemicals, the facility was selected
randomly by the Technical Secretariat
using appropriate mechanisms, such as
specifically designed computer
software, on the basis of two weighting
factors: (I) equitable geographical
distribution of inspections; and (II)
the information on the declared sites
available to the Technical Secretariat,
related to the relevant chemical, the
characteristics of the plant site, and
the nature of activities carried out
there;
(G) the earliest commencement and latest
closing dates and times of the inspection; and
(H) the duration of inspection will not
exceed time limits specified in the Convention
unless agreed by the owner, operator, or agent
in charge of the plant.
(3) Content of warrants.--A warrant issued under
paragraph (2) shall specify the same matters required
of an affidavit under that paragraph. In addition to
the requirements for a warrant issued under this
paragraph, each warrant shall contain, if known, the
identities of the representatives of the Technical
Secretariat conducting the inspection and the observers
of the inspection and, if applicable, the identities of
the representatives of agencies or departments of the
United States accompanying those representatives.
(4) Challenge inspections.--
(A) Criminal search warrant.--For any
challenge inspection conducted on the territory
of the United States pursuant to Article IX of
the Chemical Weapons Convention, where consent
has been withheld, the United States Government
shall first obtain from a judge of the United
States a criminal search warrant based upon
probable cause, supported by oath or
affirmation, and describing with particularity
the place to be searched and the person or
things to be seized.
(B) Information provided.--The United States
Government shall provide to the judge of the
United States--
(i) all appropriate information
supplied by the Technical Secretariat
to the United States National Authority
regarding the basis for the selection
of the plant site, plant, or other
facility or location for the type of
inspection sought;
(ii) any other appropriate
information relating to the
reasonableness of the selection of the
plant, plant site, or other facility or
location for the inspection;
(iii) information concerning--
(I) the duration and scope of
the inspection;
(II) areas to be inspected;
(III) records and data to be
reviewed; and
(IV) samples to be taken;
(iv) appropriate evidence or reasons
provided by the requesting state party
for the inspection;
(v) any other evidence showing
probable cause to believe that a
violation of this Act has occurred or
is occurring; and
(vi) the identities of the
representatives of the Technical
Secretariat on the inspection team and
the Federal Government employees
accompanying the inspection team.
(C) Content of warrant.--The warrant shall
specify--
(i) the type of inspection
authorized;
(ii) the purpose of the inspection;
(iii) the type of plant site, plant,
or other facility or location to be
inspected;
(iv) the areas of the plant site,
plant, or other facility or location to
be inspected;
(v) the items, documents, data,
equipment, and computers that may be
inspected or seized;
(vi) samples that may be taken;
(vii) the earliest commencement and
latest concluding dates and times of
the inspection; and
(viii) the identities of the
representatives of the Technical
Secretariat on the inspection teams and
the Federal Government employees
accompanying the inspection team.
SEC. 306.\18\ PROHIBITED ACTS RELATING TO INSPECTIONS.
It shall be unlawful for any person willfully to fail or
refuse to permit entry or inspection, or to disrupt, delay, or
otherwise impede an inspection, authorized by this Act.
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\18\ 22 U.S.C. 6726.
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SEC. 307.\19\ NATIONAL SECURITY EXCEPTION.
Consistent with the objective of eliminating chemical
weapons, the President may deny a request to inspect any
facility in the United States in cases where the President
determines that the inspection may pose a threat to the
national security interests of the United States.
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\19\ 22 U.S.C. 6727.
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SEC. 308. PROTECTION OF CONSTITUTIONAL RIGHTS OF CONTRACTORS.
(a) The Office of Federal Procurement Policy Act (41 U.S.C.
403 et seq.) is amended by adding at the end the following: * *
*
(b) The table of contents in section 1(b) of such Act is
amended by adding at the end the following: * * *
SEC. 309.\20\ ANNUAL REPORT ON INSPECTIONS.
(a) In General.--Not later than one year after the date of
enactment of this Act, and annually thereafter, the President
\21\ shall submit a report in classified and unclassified form
to the appropriate congressional committees on inspections made
under the Convention during the preceding year.
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\20\ 22 U.S.C. 6728.
\21\ In sec. 1(a)(16) of Executive Order 13313 of July 31, 2003 (68
F.R. 46073; August 5, 2003), the President assigned the reporting
duties in subsec. (a) to the Secretary of State.
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(b) Content of Reports.--Each report shall contain the
following information for the reporting period:
(1) The name of each company or entity subject to the
jurisdiction of the United States reporting data
pursuant to title IV of this Act.
(2) The number of inspections under the Convention
conducted on the territory of the United States.
(3) The number and identity of inspectors conducting
any inspection described in paragraph (2) and the
number of inspectors barred from inspection by the
United States.
(4) The cost to the United States for each inspection
described in paragraph (2).
(5) The total costs borne by United States business
firms in the course of inspections described in
paragraph (2).
(6) A description of the circumstances surrounding
inspections described in paragraph (2), including
instances of possible industrial espionage and
misconduct of inspectors.
(7) The identity of parties claiming loss of trade
secrets, the circumstances surrounding those losses,
and the efforts taken by the United States Government
to redress those losses.
(8) A description of instances where inspections
under the Convention outside the United States have
been disrupted or delayed.
(c) Definition.--The term ``appropriate congressional
committees'' means the Committee on the Judiciary, the
Committee on Foreign Relations, and the Select Committee on
Intelligence of the Senate and the Committee on the Judiciary,
the Committee on International Relations, and the Permanent
Select Committee on Intelligence of the House of
Representatives.
SEC. 310.\22\ UNITED STATES ASSISTANCE IN INSPECTIONS AT PRIVATE
FACILITIES.
(a) Assistance in Preparation for Inspections.--At the
request of an owner of a facility not owned or operated by the
United States Government, or contracted for use by or for the
United States Government, the Secretary of Defense may assist
the facility to prepare the facility for possible inspections
pursuant to the Convention.
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\22\ 22 U.S.C. 6729.
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(b) Reimbursement Requirement.--
(1) In general.--Except as provided in paragraph (2),
the owner of a facility provided assistance under
subsection (a) shall reimburse the Secretary for the
costs incurred by the Secretary in providing the
assistance.
(2) Exception.--In the case of assistance provided
under subsection (a) to a facility owned by a person
described in subsection (c), the United States National
Authority shall reimburse the Secretary for the costs
incurred by the Secretary in providing the assistance.
(c) Owners Covered by United States National Authority
Reimbursements.--Subsection (b)(2) applies in the case of
assistance provided to the following:
(1) Small business concerns.--A small business
concern as defined in section 3 of the Small Business
Act.
(2) Domestic producers of schedule 3 or unscheduled
discrete organic chemicals.--Any person located in the
United States that--
(A) does not possess, produce, process,
consume, import, or export any Schedule 1 or
Schedule 2 chemical; and
(B) in the calendar year preceding the year
in which the assistance is to be provided,
produced--
(i) more than 30 metric tons of
Schedule 3 or unscheduled discrete
organic chemicals that contain
phosphorous, sulfur, or fluorine; or
(ii) more than 200 metric tons of
unscheduled discrete organic chemicals.
TITLE IV--REPORTS \23\
SEC. 401.\24\ REPORTS REQUIRED BY THE UNITED STATES NATIONAL AUTHORITY.
(a) Regulations on Recordkeeping.--
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\23\ Condition 10(C) of the Senate resolution of advice and consent
to ratification of the Chemical Weapons Convention (Treaty No. 103-21;
April 24, 1997) requires the President to submit annual reports on
parties' compliance under the treaty. Sec. 2(a)(3) of Executive Order
13313 dated July 31, 2003 (68 F.R. 46076; August 5, 2003) assigned this
requirement to the Secretary of State.
\24\ 22 U.S.C. 6741.
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(1) Requirements.--The United States National
Authority shall ensure that regulations are prescribed
that require each person located in the United States
who produces, processes, consumes, exports, or imports,
or proposes to produce, process, consume, export, or
import, a chemical substance that is subject to the
Convention to--
(A) maintain and permit access to records
related to that production, processing,
consumption, export, or import of such
substance; and
(B) submit to the Director of the United
States National Authority such reports as the
United States National Authority may reasonably
require to provide to the Organization,
pursuant to subparagraph 1(a) of the Annex on
Confidentiality of the Convention, the minimum
amount of information and data necessary for
the timely and efficient conduct by the
Organization of its responsibilities under the
Convention.
(2) Rulemaking.--The Director of the United States
National Authority shall ensure that regulations
pursuant to this section are prescribed expeditiously.
(b) Coordination.--
(1) Avoidance of duplication.--To the extent
feasible, the United States Government shall not
require the submission of any report that is
unnecessary or duplicative of any report required by or
under any other law. The head of each Federal agency
shall coordinate the actions of that agency with the
heads of the other Federal agencies in order to avoid
the imposition of duplicative reporting requirements
under this Act or any other law.
(2) Definition.--As used in paragraph (1), the term
``Federal agency'' has the meaning given the term
``agency'' in section 551(1) of title 5, United States
Code.
SEC. 402.\25\ PROHIBITION RELATING TO LOW CONCENTRATIONS OF SCHEDULE 2
AND 3 CHEMICALS.
(a) Prohibition.--Notwithstanding any other provision of
this Act, no person located in the United States shall be
required to report on, or to submit to, any routine inspection
conducted for the purpose of verifying the production,
possession, consumption, exportation, importation, or proposed
production, possession, consumption, exportation, or
importation of any substance that contains less than--
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\25\ 22 U.S.C. 6742.
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(1) 10 percent concentration of a Schedule 2
chemical; or
(2) 80 percent concentration of a Schedule 3
chemical.
(b) Standard for Measurement of Concentration.--The percent
concentration of a chemical in a substance shall be measured on
the basis of volume or total weight, which measurement yields
the lesser percent.
SEC. 403.\26\ PROHIBITION RELATING TO UNSCHEDULED DISCRETE ORGANIC
CHEMICALS AND COINCIDENTAL BYPRODUCTS IN WASTE
STREAMS.
(a) Prohibition.--Notwithstanding any other provision of
this Act, no person located in the United States shall be
required to report on, or to submit to, any routine inspection
conducted for the purpose of verifying the production,
possession, consumption, exportation, importation, or proposed
production, possession, consumption, exportation, or
importation of any substance that is--
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\26\ 22 U.S.C. 6743.
---------------------------------------------------------------------------
(1) an unscheduled discrete organic chemical; and
(2) a coincidental byproduct of a manufacturing or
production process that is not isolated or captured for
use or sale during the process and is routed to, or
escapes, from the waste stream of a stack, incinerator,
or wastewater treatment system or any other waste
stream.
SEC. 404.\27\ CONFIDENTIALITY OF INFORMATION.
(a) Freedom of Information Act Exemption for Certain
Convention Information.--Except as provided in subsection (b)
or (c), any confidential business information, as defined in
section 103(g), reported to, or otherwise acquired by, the
United States Government under this Act or under the Convention
shall not be disclosed under section 552(a) of title 5, United
States Code.
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\27\ 22 U.S.C. 6744.
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(b) Exceptions.--
(1) Information for the technical secretariat.--
Information shall be disclosed or otherwise provided to
the Technical Secretariat or other states parties to
the Chemical Weapons Convention in accordance with the
Convention, in particular, the provisions of the Annex
on the Protection of Confidential Information.
(2) Information for congress.--Information shall be
made available to any committee or subcommittee of
Congress with appropriate jurisdiction upon the written
request of the chairman or ranking minority member of
such committee or subcommittee, except that no such
committee or subcommittee, and no member and no staff
member of such committee or subcommittee, shall
disclose such information or material except as
otherwise required or authorized by law.
(3) Information for enforcement actions.--Information
shall be disclosed to other Federal agencies for
enforcement of this Act or any other law, and shall be
disclosed or otherwise provided when relevant in any
proceeding under this Act or any other law, except that
disclosure or provision in such a proceeding shall be
made in such manner as to preserve confidentiality to
the extent practicable without impairing the
proceeding.
(c) Information Disclosed in the National Interest.--
(1) Authority.--The United States Government shall
disclose any information reported to, or otherwise
required by the United States Government under this Act
or the Convention, including categories of such
information, that it determines is in the national
interest to disclose and may specify the form in which
such information is to be disclosed.
(2) Notice of disclosure.--
(A) Requirement.--If any Department or agency
of the United States Government proposes
pursuant to paragraph (1) to publish or
disclose or otherwise provide information
exempt from disclosure under subsection (a),
the United States National Authority shall,
unless contrary to national security or law
enforcement needs, provide notice of intent to
disclose the information--
(i) to the person that submitted such
information; and
(ii) in the case of information about
a person received from another source,
to the person to whom that information
pertains.
The information may not be disclosed until the
expiration of 30 days after notice under this
paragraph has been provided.
(B) Proceedings on objections.--In the event
that the person to which the information
pertains objects to the disclosure, the agency
shall promptly review the grounds for each
objection of the person and shall afford the
objecting person a hearing for the purpose of
presenting the objections to the disclosure.
Not later than 10 days before the scheduled or
rescheduled date for the disclosure, the United
States National Authority shall notify such
person regarding whether such disclosure will
occur notwithstanding the objections.
(d) Criminal Penalty for Wrongful Disclosure.--Any officer
or employee of the United States, and any former officer or
employee of the United States, who by reason of such employment
or official position has obtained possession of, or has access
to, information the disclosure or other provision of which is
prohibited by subsection (a), and who, knowing that disclosure
or provision of such information is prohibited by such
subsection, willfully discloses or otherwise provides the
information in any manner to any person (including any person
located outside the territory of the United States) not
authorized to receive it, shall be fined under title 18, United
States Code, or imprisoned for not more than five years, or
both.
(e) Criminal Forfeiture.--The property of any person who
violates subsection (d) shall be subject to forfeiture to the
United States in the same manner and to the same extent as is
provided in section 229C of title 18, United States Code, as
added by this Act.
(f) International Inspectors.--The provisions of this
section shall also apply to employees of the Technical
Secretariat.
SEC. 405.\28\ RECORDKEEPING VIOLATIONS.
It shall be unlawful for any person willfully to fail or
refuse--
---------------------------------------------------------------------------
\28\ 22 U.S.C. 6745.
---------------------------------------------------------------------------
(1) to establish or maintain any record required by
this Act or any regulation prescribed under this Act;
(2) to submit any report, notice, or other
information to the United States Government in
accordance with this Act or any regulation prescribed
under this Act; or
(3) to permit access to or copying of any record that
is exempt from disclosure under this Act or any
regulation prescribed under this Act.
TITLE V--ENFORCEMENT
SEC. 501.\29\ PENALTIES.
(a) Civil.--
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\29\ 22 U.S.C. 6761.
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(1) Penalty amounts.--
(A) Prohibited acts relating to
inspections.--Any person that is determined, in
accordance with paragraph (2), to have violated
section 306 of this Act shall be required by
order to pay a civil penalty in an amount not
to exceed $25,000 for each such violation. For
purposes of this paragraph, each day such a
violation of section 306 continues shall
constitute a separate violation of that
section.
(B) Recordkeeping violations.--Any person
that is determined, in accordance with
paragraph (2), to have violated section 405 of
this Act shall be required by order to pay a
civil penalty in an amount not to exceed $5,000
for each such violation.
(2) Hearing.--
(A) In general.--Before imposing an order
described in paragraph (1) against a person
under this subsection for a violation of
section 306 or 405, the Secretary of State
shall provide the person or entity with notice
and, upon request made within 15 days of the
date of the notice, a hearing respecting the
violation.
(B) Conduct of hearing.--Any hearing so
requested shall be conducted before an
administrative law judge. The hearing shall be
conducted in accordance with the requirements
of section 554 of title 5, United States Code.
If no hearing is so requested, the Secretary of
State's imposition of the order shall
constitute a final and unappealable order.
(C) Issuance of orders.--If the
administrative law judge determines, upon the
preponderance of the evidence received, that a
person or entity named in the complaint has
violated section 306 or 405, the administrative
law judge shall state his findings of fact and
issue and cause to be served on such person or
entity an order described in paragraph (1).
(D) Factors for determination of penalty
amounts.--In determining the amount of any
civil penalty, the administrative law judge
shall take into account the nature,
circumstances, extent, and gravity of the
violation or violations and, with respect to
the violator, the ability to pay, effect on
ability to continue to do business, any history
of prior such violations, the degree of
culpability, the existence of an internal
compliance program, and such other matters as
justice may require.
(3) Administrative appellate review.--The decision
and order of an administrative law judge shall become
the final agency decision and order of the head of the
United States National Authority unless, within 30
days, the head of the United States National Authority
modifies or vacates the decision and order, with or
without conditions, in which case the decision and
order of the head of the United States National
Authority shall become a final order under this
subsection.
(4) Offsets.--The amount of the civil penalty under a
final order of the United States National Authority may
be deducted from any sums owed by the United States to
the person.
(5) Judicial review.--A person adversely affected by
a final order respecting an assessment may, within 30
days after the date the final order is issued, file a
petition in the Court of Appeals for the District of
Columbia Circuit or for any other circuit in which the
person resides or transacts business.
(6) Enforcement of orders.--If a person fails to
comply with a final order issued under this subsection
against the person or entity--
(A) after the order making the assessment has
become a final order and if such person does
not file a petition for judicial review of the
order in accordance with paragraph (5), or
(B) after a court in an action brought under
paragraph (5) has entered a final judgment in
favor of the United States National Authority,
the Secretary of State shall file a suit to seek compliance
with the order in any appropriate district court of the United
States, plus interest at currently prevailing rates calculated
from the date of expiration of the 30-day period referred to in
paragraph (5) or the date of such final judgment, as the case
may be. In any such suit, the validity and appropriateness of
the final order shall not be subject to review.
(b) Criminal.--Any person who knowingly violates any
provision of section 306 or 405 of this Act, shall, in addition
to or in lieu of any civil penalty which may be imposed under
subsection (a) for such violation, be fined under title 18,
United States Code, imprisoned for not more than one year, or
both.
SEC. 502.\30\ SPECIFIC ENFORCEMENT.
(a) Jurisdiction.--The district courts of the United States
shall have jurisdiction over civil actions to--
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\30\ 22 U.S.C. 6762.
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(1) restrain any violation of section 306 or 405 of
this Act; and
(2) compel the taking of any action required by or
under this Act or the Convention.
(b) Civil Actions.--
(1) In general.--A civil action described in
subsection (a) may be brought--
(A) in the case of a civil action described
in subsection (a)(1), in the United States
district court for the judicial district in
which any act, omission, or transaction
constituting a violation of section 306 or 405
occurred or in which the defendant is found or
transacts business; or
(B) in the case of a civil action described
in subsection (a)(2), in the United States
district court for the judicial district in
which the defendant is found or transacts
business.
(2) Service of process.--In any such civil action
process may be served on a defendant wherever the
defendant may reside or may be found, whether the
defendant resides or may be found within the United
States or elsewhere.
SEC. 503.\31\ EXPEDITED JUDICIAL REVIEW.
(a) Civil Action.--Any person or entity subject to a search
under this Act may file a civil action challenging the
constitutionality of any provision of this Act. Notwithstanding
any other provision of law, during the full calendar year of,
and the two full calendar years following, the enactment of
this Act, the district court shall accord such a case a
priority in its disposition ahead of all other civil actions
except for actions challenging the legality and conditions of
confinement.
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\31\ 22 U.S.C. 6763.
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(b) En Banc Review.--Notwithstanding any other provision of
law, during the full calendar year of, and the two full
calendar years following, the enactment of this Act, any appeal
from a final order entered by a district court in an action
brought under subsection (a) shall be heard promptly by the
full Court of Appeals sitting en banc.
TITLE VI--MISCELLANEOUS PROVISIONS
SEC. 601. REPEAL.
Section 808 of the Department of Defense Appropriation
Authorization Act, 1978 (50 U.S.C. 1520; relating to the use of
human subjects for the testing of chemical or biological
agents) is repealed.
SEC. 602.\32\ PROHIBITION.
(a) In General.--Neither the Secretary of Defense nor any
other officer or employee of the United States may, directly or
by contract--
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\32\ 22 U.S.C. 6771.
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(1) conduct any test or experiment involving the use
of any chemical or biological agent on a civilian
population; or
(2) use human subjects for the testing of chemical or
biological agents.
(b) Construction.--Nothing in subsection (a) may be
construed to prohibit actions carried out for purposes not
prohibited by this Act (as defined in section 3(8)).
(c) Biological Agent Defined.--In this section, the term
``biological agent'' means any micro-organism (including
bacteria, viruses, fungi, rickettsiae or protozoa), pathogen,
or infectious substance, or any naturally occurring, bio-
engineered or synthesized component of any such micro-organism,
pathogen, or infectious substance, whatever its origin or
method of production, capable of causing--
(1) death, disease, or other biological malfunction
in a human, an animal, a plant, or another living
organism;
(2) deterioration of food, water, equipment,
supplies, or materials of any kind; or
(3) deleterious alteration of the environment.
SEC. 603. BANKRUPTCY ACTIONS.
Section 362(b) of title 11, United States Code, is
amended-- * * *
o. Defense Against Weapons of Mass Destruction Act of 1998
Partial text of Public Law 105-261 [Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999; H.R. 3616], 112 Stat. 1920,
approved October 17, 1998; as amended by Public Law 106-65 [National
Defense Authorization Act for Fiscal Year 2000; S. 1059], 113 Stat.
512, approved October 5, 1999; Public Law 106-398 [National Defense
Authorization Act, Fiscal Year 2001; H.R. 4205], 114 Stat. 1654,
approved October 30, 2000; Public Law 107-107 [National Defense
Authorization Act for Fiscal Year 2002; S. 1438], 115 Stat. 1012,
approved December 28, 2001; and Public Law 107-296 [Homeland Security
Act of 2002; H.R. 5005], 116 Stat. 2135, approved November 25, 2002
AN ACT To authorize appropriations for fiscal year 1999 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
TITLE XIV--DOMESTIC PREPAREDNESS FOR DEFENSE AGAINST WEAPONS OF MASS
DESTRUCTION \1\
Sec. 1401. Short title.
Sec. 1402. Domestic preparedness for response to threats of terrorist
use of weapons of mass destruction.
Sec. 1403. Report on domestic emergency preparedness.
Sec. 1404. Threat and risk assessments.
Sec. 1405. Advisory panel to assess domestic response capabilities for
terrorism
involving weapons of mass destruction.
SEC. 1401. SHORT TITLE.
This title may be cited as the ``Defense Against Weapons of
Mass Destruction Act of 1998''.
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\1\ 50 U.S.C. 2301 note.
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SEC. 1402. DOMESTIC PREPAREDNESS FOR RESPONSE TO THREATS OF TERRORIST
USE OF WEAPONS OF MASS DESTRUCTION.
(a) Enhanced Response Capability.--In light of the
continuing potential for terrorist use of weapons of mass
destruction against the United States and the need to develop a
more fully coordinated response to that threat on the part of
Federal, State, and local agencies, the President shall act to
increase the effectiveness at the Federal, State, and local
level of the domestic emergency preparedness program for
response to terrorist incidents involving weapons of mass
destruction by utilizing the President's existing authorities
to develop an integrated program that builds upon the program
established under the Defense Against Weapons of Mass
Destruction Act of 1996 (title XIV of Public Law 104-201; 110
Stat. 2714; 50 U.S.C. 2301 et seq.).
(b) Report.--Not later than January 31, 1999, the President
shall submit to Congress a report containing information on the
actions taken at the Federal, State, and local level to develop
an integrated program to prevent and respond to terrorist
incidents involving weapons of mass destruction.
SEC. 1403.\2\ * * * [REPEALED--2002]
SEC. 1404.\3\ THREAT AND RISK ASSESSMENTS.
(a) Threat and Risk Assessments.--Assistance to Federal,
State, and local agencies provided under the program under
section 1402 shall include the performance of assessments of
the threat and risk of terrorist employment of weapons of mass
destruction against cities and other local areas. Such
assessments shall be used by Federal, State, and local agencies
to determine the training and equipment requirements under this
program and shall be performed as a collaborative effort with
State and local agencies.
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\2\ Formerly at 50 U.S.C. 2301 note. Sec. 889(b)(2) of the Homeland
Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) repealed this
section. The section amended sec. 1051 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat.
1889; 31 U.S.C. 1113 note) by adding subsec. (c), which required that
the President submit an annex, attached to the annual report required
in subsec. (b) of sec. 1051, containing information on the domestic
emergency preparedness program for response to terrorist incidents
involving weapons of mass destruction.
\3\ Sec. 1064 of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106-65; 113 Stat. 769) replaced the former sec.
1404 with this section. The former sec. 1404 read as follows:
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``sec. 1404. threat and risk assessments.
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``(a) Requirement To Develop Methodologies.--The Attorney General,
in consultation with the Director of the Federal Bureau of
Investigation and representatives of appropriate Federal, State, and
local agencies, shall develop and test methodologies for assessing the
threat and risk of terrorist employment of weapons of mass destruction
against cities and other local areas. The results of the tests may be
used to determine the training and equipment requirements under the
program developed under section 1402. The methodologies required by
this subsection shall be developed using cities or local areas selected
by the Attorney General, acting in consultation with the Director of
the Federal Bureau of Investigation and appropriate representatives of
Federal, State, and local agencies.
``(b) Required Completion Date.--The requirements in subsection (a)
shall be completed not later than 1 year after the date of the
enactment of this Act.''.
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(b) Conduct of Assessments.--The Department of Justice, as
lead Federal agency for domestic crisis management in response
to terrorism involving weapons of mass destruction, shall--
(1) conduct any threat and risk assessment performed
under subsection (a) in coordination with appropriate
Federal, State, and local agencies; and
(2) develop procedures and guidance for conduct of
the threat and risk assessment in consultation with
officials from the intelligence community.
SEC. 1405. ADVISORY PANEL TO ASSESS DOMESTIC RESPONSE CAPABILITIES FOR
TERRORISM INVOLVING WEAPONS OF MASS DESTRUCTION.
(a) Requirement for Panel.--The Secretary of Defense, in
consultation with the Attorney General, the Secretary of
Energy, the Secretary of Health and Human Services, and the
Director of the Federal Emergency Management Agency, shall
enter into a contract with a federally funded research and
development center to establish a panel to assess the
capabilities for domestic response to terrorism involving
weapons of mass destruction.
(b) Composition of Panel; Selection.--(1) The panel shall
be composed of members who shall be private citizens of the
United States with knowledge and expertise in emergency
response matters.
(2) Members of the panel shall be selected by the federally
funded research and development center in accordance with the
terms of the contract established pursuant to subsection (a).
(c) Procedures for Panel.--The federally funded research
and development center shall be responsible for establishing
appropriate procedures for the panel, including procedures for
selection of a panel chairman.
(d) Duties of Panel.--The panel shall--
(1) assess Federal agency efforts to enhance domestic
preparedness for incidents involving weapons of mass
destruction;
(2) assess the progress of Federal training programs
for local emergency responses to incidents involving
weapons of mass destruction;
(3) assess deficiencies in programs for response to
incidents involving weapons of mass destruction,
including a review of unfunded communications,
equipment, and planning requirements, and the needs of
maritime regions;
(4) recommend strategies for ensuring effective
coordination with respect to Federal agency weapons of
mass destruction response efforts, and for ensuring
fully effective local response capabilities for weapons
of mass destruction incidents; and
(5) assess the appropriate roles of State and local
government in funding effective local response
capabilities.
(e) Deadline To Enter Into Contract.--The Secretary of
Defense shall enter into the contract required under subsection
(a) not later than 60 days after the date of the enactment of
this Act.
(f) Deadline for Selection of Panel Members.--Selection of
panel members shall be made not later than 30 days after the
date on which the Secretary enters into the contract required
by subsection (a).
(g) Initial Meeting of the Panel.--The panel shall conduct
its first meeting not later than 30 days after the date that
all the selections to the panel have been made.
(h) Reports.--(1) Not later than 6 months after the date of
the first meeting of the panel, the panel shall submit to the
President and to Congress an initial report setting forth its
findings, conclusions, and recommendations for improving
Federal, State, and local domestic emergency preparedness to
respond to incidents involving weapons of mass destruction.
(2) Not later than December 15 of each year, beginning in
1999 and ending in 2003,\4\ the panel shall submit to the
President and to the Congress a report setting forth its
findings, conclusions, and recommendations for improving
Federal, State, and local domestic emergency preparedness to
respond to incidents involving weapons of mass destruction.
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\4\ Sec. 1514(a)(1) of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1273) struck out
``2001'' and inserted in lieu thereof ``2003''.
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(i) Cooperation of Other Agencies.--(1) The panel may
secure directly from the Department of Defense, the Department
of Energy, the Department of Health and Human Services, the
Department of Justice, and the Federal Emergency Management
Agency, or any other Federal department or agency information
that the panel considers necessary for the panel to carry out
its duties.
(2) The Attorney General, the Secretary of Defense, the
Secretary of Energy, the Secretary of Health and Human
Services, the Director of the Federal Emergency Management
Agency, and any other official of the United States shall
provide the panel with full and timely cooperation in carrying
out its duties under this section.
(j) Funding.--The Secretary of Defense shall provide the
funds necessary for the panel to carry out its duties from the
funds available to the Department of Defense for weapons of
mass destruction preparedness initiatives.
(k) \5\ Compensation of Panel Members.--The provisions of
paragraph (4) of section 591(c) of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1999
(as contained in section 101(d) of division A of the Omnibus
Consolidated and Emergency Supplemental Appropriations Act,
1999 (Public Law 105-277; 112 Stat. 2681-212)), shall apply to
members of the panel in the same manner as to members of the
National Commission on Terrorism under that paragraph.
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\5\ Sec. 1514(b)(1) of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1012) amended and
restated the former subsec. (k). Sec. 1514(b)(2) stated that this
amendment ``shall apply with respect to periods of service on the
advisory panel under section 1405 of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 on or after the date of
the enactment of this Act.'' Subsec. (k) previously read as follows:
``(k) Compensation of Panel Members.--(1) Members of the panel
shall serve without pay by reason of their work on the panel.
``(2) Members of the panel shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates authorized for
employees of agencies under chapter 57 of title 5, United States Code,
while away from their homes or regular place of business in performance
of services for the panel.''.
Sec. 1087(d)(7) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (Public Law 106-398; 114 Stat.
1654) had earlier struck out ``subchapter'' where it appeared in the
former subsec. (k)(2) and inserted in lieu thereof ``chapter'' so that
it read ``chapter 57''.
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(l) Termination of the Panel.--The panel shall terminate
five years \6\ after the date of the appointment of the member
selected as chairman of the panel.
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\6\ Sec. 1514(a)(2) of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1012) struck out
``three years'' and inserted in lieu thereof ``five years''.
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(m) Definition.--In this section, the term ``weapon of mass
destruction'' has the meaning given that term in section
1403(1) of the Defense Against Weapons of Mass Destruction Act
of 1996 (50 U.S.C. 2302(1)).
* * * * * * *
p. Combatting \1\ Proliferation of Weapons of Mass Destruction Act of
1996
Partial text of Public Law 104-293 [Intelligence Authorization Act for
Fiscal Year 1997; H.R. 3259], 110 Stat. 3461, approved October 11,
1996; as amended by Public Law 105-277 [Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999; H.R. 4328], 112 Stat.
2681, approved October 21, 1998; Public Law 107-306 [Intelligence
Authorization Act for Fiscal Year 2003; H.R. 4628], 116 Stat. 2383,
approved November 27, 2002; Public Law 107-314 [Bob Stump National
Defense Authorization Act for Fiscal Year 2003; H.R. 4546], 116 Stat.
2458, approved December 2, 2002; and Public Law 108-177 [Intelligence
Authorization Act for Fiscal Year 2004; H.R. 2417], 117 Stat. 2599,
approved December 13, 2003
AN ACT To authorize appropriations for fiscal year 1997 for
intelligence and intelligence-related activities of the United States
Government, the Community Management Account, and the Central
Intelligence Agency Retirement and Disability System, and for other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Intelligence Authorization Act for Fiscal Year 1997''.
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\1\ As enrolled.
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(b) Table of Contents.-- * * *
* * * * * * *
TITLE VII--COMBATTING PROLIFERATION
SEC. 701.\2\ SHORT TITLE.
This title may be cited as the ``Combatting Proliferation
of Weapons of Mass Destruction Act of 1996''.
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\2\ 50 U.S.C. 2301 note.
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Subtitle A--Assessment of Organization and Structure of Government for
Combatting Proliferation
SEC. 711.\3\ ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be
known as the Commission to Assess the Organization of the
Federal Government to Combat the Proliferation of Weapons of
Mass Destruction (in this subtitle referred to as the
``Commission'').
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\3\ 50 U.S.C. 2351 note.
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(b) Membership.--The Commission shall be composed of twelve
members, none of whom may, during the period of their service
on the Commission, be an officer or employee of any department,
agency, or other establishment of the Executive Branch (other
than the Commission), and \4\ of whom--
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\4\ Sec. 708(b)(1) of the Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations Act, 1999
(sec. 101(f) of Public Law 105-277; 112 Stat. 2681-390), struck out
``eight members'' and inserted in lieu thereof ``twelve members, none
of whom may, during the period of their service on the Commission, be
an officer or employee of any department, agency, or other
establishment of the Executive Branch (other than the Commission),
and''.
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(1) four shall be appointed by the President;
(2) three \5\ shall be appointed by the Majority
Leader of the Senate;
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\5\ Sec. 708(b)(2) of the Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations Act, 1999
(sec. 101(f) of Public Law 105-277; 112 Stat. 2681-390), struck out
``one'' and inserted in lieu thereof ``three''.
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(3) one shall be appointed by the Minority Leader of
the Senate;
(4) three \6\ shall be appointed by the Speaker of
the House of Representatives; and
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\6\ Sec. 708(b)(3) of the Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations Act, 1999
(sec. 101(f) of Public Law 105-277; 112 Stat. 2681-390), struck out
``one'' and inserted in lieu thereof ``three''.
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(5) one shall be appointed by the Minority Leader of
the House of Representatives.
(c) Qualifications of Members.--(1) To the maximum extent
practicable, the individuals appointed as members of the
Commission shall be individuals who are nationally recognized
for expertise regarding--
(A) the nonproliferation of weapons of mass
destruction;
(B) the efficient and effective implementation of
United States nonproliferation policy; or
(C) the implementation, funding, or oversight of the
national security policies of the United States.
(2) An official who appoints members of the Commission may
not appoint an individual as a member if, in the judgment of
the official, the individual possesses any personal or
financial interest in the discharge of any of the duties of the
Commission.
(d) Period of Appointment; Vacancies.--Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall not affect its powers, but shall be filled in
the same manner as the original appointment.
(e) Initial Meeting.--Not later than 30 days after the date
of enactment of an Act making appropriations for the
Departments of Labor, Health and Human Services, and Education,
and related agencies, for the fiscal year ending September 30,
1999, regardless of whether all the members of the Commission
have been appointed as of that date,,\7\ the Commission shall
hold its first meeting.
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\7\ Sec. 708(b)(4) of the Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations Act, 1999
(sec. 101(f) of Public Law 105-277; 112 Stat. 2681-390), struck out
``the date on which all members of the Commission have been appointed''
and inserted in lieu thereof ``the date of enactment of an Act making
appropriations for the Departments of Labor, Health and Human Services,
and Education, and related agencies, for the fiscal year ending
September 30, 1999, regardless of whether all the members of the
Commission have been appointed as of that date,'' [resulting in a
double comma].
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(f) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(g) Chairman and Vice Chairman.--The Commission shall
select a Chairman and Vice Chairman from among its members.
(h) Meetings.--The Commission shall meet at the call of the
Chairman.
SEC. 712.\3\ DUTIES OF COMMISSION.
(a) Study.--
(1) In general.--The Commission shall carry out a
thorough study of the organization of the Federal
Government, including the elements of the intelligence
community, with respect to combatting the proliferation
of weapons of mass destruction.
(2) Specific requirements.--In carrying out the
study, the Commission shall--
(A) assess the current structure and
organization of the departments and agencies of
the Federal Government having responsibilities
for combatting the proliferation of weapons of
mass destruction; and
(B) assess the effectiveness of United States
cooperation with foreign governments with
respect to nonproliferation activities,
including cooperation--
(i) between elements of the
intelligence community and elements of
the intelligence-gathering services of
foreign governments;
(ii) between other departments and
agencies of the Federal Government and
the counterparts to such departments
and agencies in foreign governments;
and
(iii) between the Federal Government
and international organizations.
(3) Assessments.--In making the assessments under
paragraph (2), the Commission should address--
(A) the organization of the export control
activities (including licensing and enforcement
activities) of the Federal Government relating
to the proliferation of weapons of mass
destruction;
(B) arrangements for coordinating the funding
of United States nonproliferation activities;
(C) existing arrangements governing the flow
of information among departments and agencies
of the Federal Government responsible for
nonproliferation activities;
(D) the effectiveness of the organization and
function of interagency groups in ensuring
implementation of United States treaty
obligations, laws, and policies with respect to
nonproliferation;
(E) the administration of sanctions for
purposes of nonproliferation, including the
measures taken by departments and agencies of
the Federal Government to implement, assess,
and enhance the effectiveness of such
sanctions;
(F) the organization, management, and
oversight of United States counterproliferation
activities;
(G) the recruitment, training, morale,
expertise, retention, and advancement of
Federal Government personnel responsible for
the nonproliferation functions of the Federal
Government, including any problems in such
activities;
(H) the role in United States
nonproliferation activities of the National
Security Council, the Office of Management and
Budget, the Office of Science and Technology
Policy, and other offices in the Executive
Office of the President having responsibilities
for such activities;
(I) the organization of the activities of the
Federal Government to verify government-to-
government assurances and commitments with
respect to nonproliferation, including
assurances regarding the future use of
commodities exported from the United States;
and
(J) the costs and benefits to the United
States of increased centralization and of
decreased centralization in the administration
of the nonproliferation activities of the
Federal Government.
(4) \8\ Restrictions.--In carrying out the study
under paragraph (1), making the assessments under
paragraph (2), and addressing the matters identified in
paragraph (3), the Commission shall not review,
evaluate, or report on--
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\8\ Sec. 708(c) of the Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations Act, 1999
(sec. 101(f) of Public Law 105-277; 112 Stat. 2681-390), added para.
(4).
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(A) United States domestic response
capabilities with respect to weapons of mass
destruction; or
(B) the adequacy or usefulness of United
States laws that provide for the imposition of
sanctions on countries or entities that engage
in the proliferation of weapons of mass
destruction.
(b) Recommendations.--In conducting the study, the
Commission shall develop recommendations on means of improving
the effectiveness of the organization of the departments and
agencies of the Federal Government in meeting the national
security interests of the United States with respect to the
proliferation of weapons of mass destruction. Such
recommendations shall include specific recommendations to
eliminate duplications of effort, and other inefficiencies, in
and among such departments and agencies.
(c) Report.--(1) Not later than 18 months after January 18,
1998,\9\ the Commission shall submit to Congress a report
containing a detailed statement of the findings and conclusions
of the Commission, together with its recommendations for such
legislation and administrative actions as it considers
appropriate.
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\9\ Sec. 708(a) of the Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations Act, 1999
(sec. 101(f) of Public Law 105-277; 112 Stat. 2681-390), struck out
``the date of the enactment of this Act'' and inserted in lieu thereof
``January 18, 1998''.
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(2) The report shall be submitted in unclassified form, but
may include a classified annex.
SEC. 713.\3\ POWERS OF COMMISSION.
(a) Hearings.--The Commission may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Commission considers advisable to
carry out the purposes of this subtitle.
(b) Information From Federal Agencies.--
(1) In general.--The Commission may secure directly
from any Federal department or agency such information
as the Commission considers necessary to carry out the
provisions of this subtitle. Upon request of the
Chairman of the Commission, the head of such department
or agency shall furnish such information to the
Commission.
(2) Classified information.--A department or agency
may furnish the Commission classified information under
this subsection. The Commission shall take appropriate
actions to safeguard classified information furnished
to the Commission under this paragraph.
(c) Postal Services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
(d) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property.
SEC. 714.\3\ COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission
who is not an officer or employee of the Federal Government
shall be compensated at a rate equal to the daily equivalent of
the annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which such
member is engaged in the performance of the duties of the
Commission. All members of the Commission who are officers or
employees of the United States shall serve without compensation
in addition to that received for their services as officers or
employees of the United States.
(b) Travel Expenses.--The members of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Commission.
(c) Staff.--
(1) In general.--The Chairman of the Commission may,
without regard to the civil service laws and
regulations, appoint and terminate an executive
director and such other additional personnel as may be
necessary to enable the Commission to perform its
duties. The employment of an executive director shall
be subject to confirmation by the Commission.
(2) Compensation.--The Chairman of the Commission may
fix the compensation of the executive director and
other personnel without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification of
positions and General Schedule pay rates, except that
the rate of pay for the executive director and other
personnel may not exceed the rate payable for level V
of the Executive Schedule under section 5316 of such
title.
(d) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without
reimbursement, and such detail shall be without interruption or
loss of civil service status or privilege.
(e) Procurement of Temporary and Intermittent Services.--
The Chairman of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals which do not exceed the
daily equivalent of the annual rate of basic pay prescribed for
level V of the Executive Schedule under section 5316 of such
title.
SEC. 715.\3\ TERMINATION OF COMMISSION.
The Commission shall terminate 60 days after the date on
which the Commission submits its report under section 712(c).
SEC. 716.\3\ DEFINITION.
For purposes of this subtitle, the term ``intelligence
community'' shall have the meaning given such term in section
3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).
SEC. 717.\3\ PAYMENT OF COMMISSION EXPENSES.
The compensation, travel expenses, per diem allowances of
members and employees of the Commission, and other expenses of
the Commission shall not exceed $1,000,000, and shall be paid
\10\ out of funds available to the Director of Central
Intelligence for the payment of compensation, travel
allowances, and per diem allowances, respectively, of employees
of the Central Intelligence Agency.
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\10\ Sec. 708(d) of the Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations Act, 1999
(sec. 101(f) of Public Law 105-277; 112 Stat. 2681-391), struck out
``shall be paid'' and inserted in lieu thereof ``shall not exceed
$1,000,000, and shall be paid''.
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Subtitle B--Other Matters
SEC. 721.\11\ REPORTS ON ACQUISITION OF TECHNOLOGY RELATING TO WEAPONS
OF MASS DESTRUCTION AND ADVANCED CONVENTIONAL
MUNITIONS.
(a) Reports.--The Director \12\ of Central Intelligence
shall submit to Congress a report on--
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\11\ 50 U.S.C. 2366.
\12\ Sec. 811(b)(5)(C)(i) of the Intelligence Authorization Act for
Fiscal Year 2003 (Public Law 107-306; 116 Stat. 2383) struck out ``Not
later than 6 months after the date of the enactment of this Act, and
every 6 months thereafter, the Director'' and inserted in lieu thereof
``The Director''.
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(1) the acquisition by foreign countries during the
preceding 6 months of dual-use and other technology
useful for the development or production of weapons of
mass destruction (including nuclear weapons, chemical
weapons, and biological weapons) and advanced
conventional munitions; and
(2) trends in the acquisition of such technology by
such countries.
(b) \13\ Submittal Dates.--(1) The report required by
subsection (a) shall be submitted each year to the
congressional intelligence committees and the congressional
leadership on an annual \14\ basis on the dates provided in
section 507 of the National Security Act of 1947.
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\13\ Sec. 811(b)(5)(C)(ii) of the Intelligence Authorization Act
for Fiscal Year 2003 (Public Law 107-306; 116 Stat. 2383) inserted a
new subsec. (b) in this section, and sec. 811(b)(5)(C)(iii) of that Act
redesignated the former subsec. (b) as subsec. (c).
\14\ Sec. 361(k) of the Intelligence Authorization Act for Fiscal
Year 2004 (Public Law 108-177; 117 Stat. 2599) struck out ``a
semiannual'' and inserted in lieu thereof ``an annual''.
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(2) In this subsection:
(A) The term ``congressional intelligence
committees'' has the meaning given that term in section
3 of the National Security Act of 1947 (50 U.S.C.
401a).
(B) The term ``congressional leadership'' means the
Speaker and the minority leader of the House of
Representatives and the majority leader and the
minority leader of the Senate.
(c) \13\ Form of Reports.--Each report \15\ submitted under
subsection (a) shall be submitted in unclassified form, but may
include a classified annex.
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\15\ Sec. 811(b)(5)(C)(iv) of the Intelligence Authorization Act
for Fiscal Year 2003 (Public Law 107-306; 116 Stat. 2383) struck out
``The reports'' and inserted in lieu thereof ``Each report''.
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SEC. 722.\16\ SEMIANNUAL REPORT ON CONTRIBUTIONS OF FOREIGN PERSONS TO
WEAPONS OF MASS DESTRUCTION AND DELIVERY SYSTEMS
EFFORTS OF COUNTRIES OF PROLIFERATION CONCERN.
(a) Reports.--The Director of Central Intelligence shall
submit to Congress a semiannual report identifying each foreign
person that, during the period covered by the report, made a
material contribution to the research, development, production,
or acquisition by a country of proliferation concern of--
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\16\ 50 U.S.C. 2369. Sec. 1209(a) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat.
2668) added sec. 722.
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(1) weapons of mass destruction (including nuclear
weapons, chemical weapons, or biological weapons); or
(2) ballistic or cruise missile systems.
(b) Period of Semiannual Reports.--Semiannual reports under
subsection (a) shall be submitted as follows:
(1) One semiannual report shall cover the first six
months of the calendar year and shall be submitted not
later than January 1 of the following year.
(2) The other semiannual report shall cover the
second six months of the calendar year and shall be
submitted not later than July 1 of the following year.
(c) Form of Reports.--(1) A report under subsection (a) may
be submitted in classified form, in whole or in part, if the
Director of Central Intelligence determines that submittal in
that form is advisable.
(2) Any portion of a report under subsection (a) that is
submitted in classified form shall be accompanied by an
unclassified summary of such portion.
(d) Definitions.--In this section:
(1) The term ``foreign person'' means any of the
following:
(A) A natural person who is not a citizen of
the United States.
(B) A corporation, business association,
partnership, society, trust, or other
nongovernmental entity, organization, or group
that is organized under the laws of a foreign
country or has its principal place of business
in a foreign country.
(C) Any foreign government or foreign
governmental entity operating as a business
enterprise or in any other capacity.
(D) Any successor, subunit, or subsidiary of
any entity described in subparagraph (B) or
(C).
(2) The term ``country of proliferation concern''
means any country identified by the Director of Central
Intelligence as having engaged in the acquisition of
dual-use and other technology useful for the
development or production of weaponsof mass destruction
(including nuclear weapons, chemical weapons, and
biological weapons) or advanced conventional
munitions--
(A) in the most recent report under section
721; or
(B) in any successor report on the
acquisition by foreign countries of dual-use
and other technology useful for the development
or production of weapons of mass destruction.
q. Defense Against Weapons of Mass Destruction Act of 1996
Partial text of Public Law 104-201 [National Defense Authorization Act
for Fiscal Year 1997; H.R. 3230], 110 Stat. 2422 at 2714, approved
September 23, 1996; as amended by Public Law 105-261 [Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999; H.R. 3616],
112 Stat. 1920, approved October 17, 1998; Public Law 107-314 [Bob
Stump National Defense Authorization Act for Fiscal Year 2003; H.R.
4546], 116 Stat. 2458, approved December 2, 2002; Public Law 108-375
[Ronald W. Reagan National Defense Authorization Act for Fiscal Year
2005; H.R. 4200], 118 Stat. 1811, approved October 28, 2004; and Public
Law 109-163 [National Defense Authorization Act for Fiscal Year 2006;
H.R. 1815], 119 Stat. 3136, approved January 6, 2006
AN ACT To authorize appropriations for fiscal year 1997 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
TITLE XIV--DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION
Sec. 1401. Short title.
Sec. 1402. Findings.
Sec. 1403. Definitions.
Subtitle A--Domestic Preparedness
Sec. 1411. Response to threats of terrorist use of weapons of mass
destruction.
Sec. 1412. Emergency response assistance program. [Repealed--2006]
Sec. 1413. Nuclear, chemical, and biological emergency response.
Sec. 1414. Chemical-biological emergency response team.
Sec. 1415. Testing of preparedness for emergencies involving nuclear,
radiological, chemical, and biological weapons.
Sec. 1416. Military assistance to civilian law enforcement officials in
emergency situations involving biological or chemical weapons.
Sec. 1417. Rapid response information system.
Subtitle B--Interdiction of Weapons of Mass Destruction and Related
Materials
Sec. 1421. Procurement of detection equipment United States border
security.
Sec. 1422. Extension of coverage of International Emergency Economic
Powers Act.
Sec. 1423. Sense of Congress concerning criminal penalties.
Sec. 1424. International border security.
Subtitle C--Control and Disposition of Weapons of Mass Destruction and
Related Materials Threatening the United States
Sec. 1431. Coverage of weapons-usable fissile materials in Cooperative
Threat Reduction programs on elimination or transportation of
nuclear weapons.
Sec. 1432. Elimination of plutonium production.
Subtitle D--Coordination of Policy and Countermeasures Against
Proliferation of Weapons of Mass Destruction
Sec. 1441. National Coordinator on Nonproliferation.
Sec. 1442. National Security Council Committee on Nonproliferation.
Sec. 1443. Comprehensive preparedness program.
Sec. 1444. Termination.
Subtitle E--Miscellaneous
Sec. 1451. Sense of Congress concerning contracting policy.
Sec. 1452. Transfers of allocations among Cooperative Threat Reduction
programs.
Sec. 1453. Sense of Congress concerning assistance to states of former
Soviet Union.
Sec. 1454. Purchase of low-enriched uranium derived from Russian highly
enriched uranium.
Sec. 1455. Sense of Congress concerning purchase, packaging, and
transportation of fissile materials at risk of theft.
SEC. 1401.\1\ SHORT TITLE.
This title may be cited as the ``Defense Against Weapons of
Mass Destruction Act of 1996''.
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\1\ 50 U.S.C. 2301 note.
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SEC. 1402.\2\ FINDINGS.
Congress makes the following findings:
---------------------------------------------------------------------------
\2\ 50 U.S.C. 2301 note. See also section on Cooperative Threat
Reduction programs, sec. 3 of this volume, beginning at page 45.
---------------------------------------------------------------------------
(1) Weapons of mass destruction and related materials
and technologies are increasingly available from
worldwide sources. Technical information relating to
such weapons is readily available on the Internet, and
raw materials for chemical, biological, and
radiological weapons are widely available for
legitimate commercial purposes.
(2) The former Soviet Union produced and maintained a
vast array of nuclear, biological, and chemical weapons
of mass destruction.
(3) Many of the states of the former Soviet Union
retain the facilities, materials, and technologies
capable of producing additional quantities of weapons
of mass destruction.
(4) The disintegration of the former Soviet Union was
accompanied by disruptions of command and control
systems, deficiencies in accountability for weapons,
weapons-related materials and technologies, economic
hardships, and significant gaps in border control among
the states of the former Soviet Union. The problems of
organized crime and corruption in the states of the
former Soviet Union increase the potential for
proliferation of nuclear, radiological, biological, and
chemical weapons and related materials.
(5) The conditions described in paragraph (4) have
substantially increased the ability of potentially
hostile nations, terrorist groups, and individuals to
acquire weapons of mass destruction and related
materials and technologies from within the states of
the former Soviet Union and from unemployed scientists
who worked on those programs.
(6) As a result of such conditions, the capability of
potentially hostile nations and terrorist groups to
acquire nuclear, radiological, biological, and chemical
weapons is greater than at any time in history.
(7) The President has identified North Korea, Iraq,
Iran, and Libya as hostile states which already possess
some weapons of mass destruction and are developing
others.
(8) The acquisition or the development and use of
weapons of mass destruction is well within the
capability of many extremist and terrorist movements,
acting independently or as proxies for foreign states.
(9) Foreign states can transfer weapons to or
otherwise aid extremist and terrorist movements
indirectly and with plausible deniability.
(10) Terrorist groups have already conducted chemical
attacks against civilian targets in the United States
and Japan, and a radiological attack in Russia.
(11) The potential for the national security of the
United States to be threatened by nuclear,
radiological, chemical, or biological terrorism must be
taken seriously.
(12) There is a significant and growing threat of
attack by weapons of mass destruction on targets that
are not military targets in the usual sense of the
term.
(13) Concomitantly, the threat posed to the citizens
of the United States by nuclear, radiological,
biological, and chemical weapons delivered by
unconventional means is significant and growing.
(14) Mass terror may result from terrorist incidents
involving nuclear, radiological, biological, or
chemical materials.
(15) Facilities required for production of
radiological, biological, and chemical weapons are much
smaller and harder to detect than nuclear weapons
facilities, and biological and chemical weapons can be
deployed by alternative delivery means other than long-
range ballistic missiles.
(16) Covert or unconventional means of delivery of
nuclear, radiological, biological, and chemical weapons
include cargo ships, passenger aircraft, commercial and
private vehicles and vessels, and commercial cargo
shipments routed through multiple destinations.
(17) Traditional arms control efforts assume large
state efforts with detectable manufacturing programs
and weapons production programs, but are ineffective in
monitoring and controlling smaller, though potentially
more dangerous, unconventional proliferation efforts.
(18) Conventional counterproliferation efforts would
do little to detect or prevent the rapid development of
a capability to suddenly manufacture several hundred
chemical or biological weapons with nothing but
commercial supplies and equipment.
(19) The United States lacks adequate planning and
countermeasures to address the threat of nuclear,
radiological, biological, and chemical terrorism.
(20) The Department of Energy has established a
Nuclear Emergency Response Team which is available in
case of nuclear or radiological emergencies, but no
comparable units exist to deal with emergencies
involving biological or chemical weapons or related
materials.
(21) State and local emergency response personnel are
not adequately prepared or trained for incidents
involving nuclear, radiological, biological, or
chemical materials.
(22) Exercises of the Federal, State, and local
response to nuclear, radiological, biological, or
chemical terrorism have revealed serious deficiencies
in preparedness and severe problems of coordination.
(23) The development of, and allocation of
responsibilities for, effective countermeasures to
nuclear, radiological, biological, or chemical
terrorism in the United States requires well-
coordinated participation of many Federal agencies, and
careful planning by the Federal Government and State
and local governments.
(24) Training and exercises can significantly improve
the preparedness of State and local emergency response
personnel for emergencies involving nuclear,
radiological, biological, or chemical weapons or
related materials.
(25) Sharing of the expertise and capabilities of the
Department of Defense, which traditionally has provided
assistance to Federal, State, and local officials in
neutralizing, dismantling, and disposing of explosive
ordnance, as well as radiological, biological, and
chemical materials, can be a vital contribution to the
development and deployment of countermeasures against
nuclear, biological, and chemical weapons of mass
destruction.
(26) The United States lacks effective policy
coordination regarding the threat posed by the
proliferation of weapons of mass destruction.
SEC. 1403.\3\ DEFINITIONS.
In this title:
---------------------------------------------------------------------------
\3\ 50 U.S.C. 2302.
---------------------------------------------------------------------------
(1) The term ``weapon of mass destruction'' means any
weapon or device that is intended, or has the
capability, to cause death or serious bodily injury to
a significant number of people through the release,
dissemination, or impact of--
(A) toxic or poisonous chemicals or their
precursors;
(B) a disease organism; or
(C) radiation or radioactivity.
(2) The term ``independent states of the former
Soviet Union'' has the meaning given that term in
section 3 of the FREEDOM Support Act (22 U.S.C. 5801).
(3) The term ``highly enriched uranium'' means
uranium enriched to 20 percent or more in the isotope
U-235.
Subtitle A--Domestic Preparedness
SEC. 1411.\4\ RESPONSE TO THREATS OF TERRORIST USE OF WEAPONS OF MASS
DESTRUCTION.
(a) Enhanced Response Capability.--In light of the
potential for terrorist use of weapons of mass destruction
against the United States, the President shall take immediate
action--
---------------------------------------------------------------------------
\4\ 50 U.S.C. 2311.
---------------------------------------------------------------------------
(1) to enhance the capability of the Federal
Government to prevent and respond to terrorist
incidents involving weapons of mass destruction; and
(2) to provide enhanced support to improve the
capabilities of State and local emergency response
agencies to prevent and respond to such incidents at
both the national and the local level.
(b) Report Required.--Not later than January 31, 1997, the
President shall transmit to Congress a report containing--
(1) an assessment of the capabilities of the Federal
Government to prevent and respond to terrorist
incidents involving weapons of mass destruction and to
support State and local prevention and response
efforts;
(2) requirements for improvements in those
capabilities; and
(3) the measures that should be taken to achieve such
improvements, including additional resources and
legislative authorities that would be required.
SEC. 1412.\5\ * * * [REPEALED--2006]
SEC. 1413.\6\ NUCLEAR, CHEMICAL, AND BIOLOGICAL EMERGENCY RESPONSE.
(a) \7\ Department of Defense.--The Assistant Secretary of
Defense for Homeland Defense is responsible for the
coordination of Department of Defense assistance to Federal,
State, and local officials in responding to threats involving
nuclear, radiological, biological, chemical weapons, or high-
yield explosives or related materials or technologies,
including assistance in identifying, neutralizing, dismantling,
and disposing of nuclear, radiological, biological, chemical
weapons, and high-yield explosives and related materials and
technologies.
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\5\ Formerly at 50 U.S.C. 2312. Sec. 1034 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat.
3429) repealed sec. 1412, which had required the Secretary of Defense
to ``carry out a program to provide civilian personnel of Federal,
State, and local agencies with training and expert advice regarding
emergency responses to a use or threatened use of a weapon of mass
destruction or related materials.''.
Previously, sec. 1513 of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1273) had amended this
section by adding a new subsec. (e)(5).
\6\ 50 U.S.C. 2313.
\7\ Sec. 1031 of the National Defense Authorization Act for Fiscal
Year 2006 (Public Law 109-163; 119 Stat. 3428) amended and restated
subsec. (a). It previously read as follows:
``(a) Department of Defense.--The Secretary of Defense shall
designate an official within the Department of Defense as the executive
agent for--
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``(1) the coordination of Department of Defense assistance to Federal,
State, and local officials in responding to threats involving biological or
chemical weapons or related materials or technologies, including assistance
in identifying, neutralizing, dismantling, and disposing of biological and
chemical weapons and related materials and technologies; and
``(2) the coordination of Department of Defense assistance to the
Department of Energy in carrying out that department's responsibilities
under subsection (b).''.
(b) Department of Energy.--The Secretary of Energy shall
designate an official within the Department of Energy as the
executive agent for--
(1) the coordination of Department of Energy
assistance to Federal, State, and local officials in
responding to threats involving nuclear, chemical, and
biological weapons or related materials or
technologies, including assistance in identifying,
neutralizing, dismantling, and disposing of nuclear
weapons and related materials and technologies; and
(2) the coordination of Department of Energy
assistance to the Department of Defense in carrying out
that department's responsibilities under subsection
(a).
(c) Funding.--Of the total amount authorized to be
appropriated under section 301, $15,000,000 is available for
providing assistance described in subsection (a).
SEC. 1414.\8\ CHEMICAL, BIOLOGICAL, RADIOLOGICAL, NUCLEAR, AND HIGH-
YIELD EXPLOSIVES RESPONSE TEAM.
(a) Department of Defense Rapid Response Team.--The
Secretary of Defense shall develop and maintain at least one
domestic terrorism rapid response team composed of members of
the Armed Forces and employees of the Department of Defense who
are capable of aiding Federal, State, and local officials in
the detection, neutralization, containment, dismantlement, and
disposal of weapons of mass destruction containing chemical,
biological, radiological, nuclear, and high-yield
explosives.\9\
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\8\ 50 U.S.C. 2314. Sec. 1033(1) of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat.
3429) struck out ``chemical-biological emergency response team.'' and
inserted in lieu thereof ``chemical, biological, radiological, nuclear,
and high-yield explosives response team.'' in the section catchline.
\9\ Sec. 1033(2) of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3429) struck out ``or
related materials'' and inserted in lieu thereof ``radiological,
nuclear, and high-yield explosives''.
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(b) Addition to Federal Response Plans \10\.--The Secretary
of Homeland Security shall incorporate into the National
Response Plan prepared pursuant to section 502(6) of the
Homeland Security Act of 2002 (6 U.S.C. 312(6)), other existing
Federal emergency response plans, and \11\ programs prepared
under section 611(b) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5196(b)) guidance on
the use and deployment of the rapid response teams established
under this section to respond to emergencies involving weapons
of mass destruction. The Secretary of Homeland Security \12\
shall carry out this subsection in coordination \13\ with the
Secretary of Defense and the heads of other Federal agencies
involved with the emergency response plans.
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\10\ Sec. 1033(3)(A) of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3429) struck out
``Plan'' and inserted in lieu thereof ``Plans'' in the subsec.
catchline.
\11\ Sec. 1033(3)(B) of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3429) struck out ``Not
later than December 31, 1997, the Director of the Federal Emergency
Management Agency shall develop and incorporate into existing Federal
emergency response plans and'' and inserted in lieu thereof ``The
Secretary of Homeland Security shall incorporate into the National
Response Plan prepared pursuant to section 502(6) of the Homeland
Security Act of 2002 (6 U.S.C. 312(6)), other existing Federal
emergency response plans, and''.
\12\ Sec. 1033(3)(C)(i) of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3429) struck out
``Director'' and inserted in lieu thereof ``Secretary of Homeland
Security''.
\13\ Sec. 1033(3)(C)(ii) of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3429) struck out
``consultation'' and inserted in lieu thereof ``coordination''.
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SEC. 1415.\14\ TESTING OF PREPAREDNESS FOR EMERGENCIES INVOLVING
NUCLEAR, RADIOLOGICAL, CHEMICAL, AND BIOLOGICAL
WEAPONS.
(a) Emergencies Involving Nuclear, Radiological, Chemical,
Or \15\ Biological Weapons.--(1) The Secretary of Homeland
Security \16\ shall develop and carry out a program for testing
and improving the responses of Federal, State, and local
agencies to emergencies involving nuclear, radiological,
biological, and \17\ chemical weapons and related materials.
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\14\ 50 U.S.C. 2315.
\15\ Sec. 1032(a)(1) of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3428) struck out
``Chemical Or'' (``Chemical or'' as actually enrolled) and inserted in
lieu thereof ``Nuclear, Radiological, Chemical, Or''.
\16\ Sec. 1032(a)(2)(A) of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3428) struck out
``Secretary of Defense'' and inserted in lieu thereof ``Secretary of
Homeland Security''.
\17\ Sec. 1032(a)(2)(B) of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3428) struck out
``biological weapons and related materials and emergencies involving''
and inserted in lieu thereof ``nuclear, radiological, biological,
and''.
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(2) The program shall include exercises to be carried out
in accordance with sections 102(c) and 430(c)(1) of the
Homeland Security Act of 2002 (6 U.S.C. 112(c), 238(c)(1)).\18\
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\18\ Sec. 1032(a)(3) of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3428) struck out
``during each of fiscal years 1997 through 2013'' and inserted in lieu
thereof ``in accordance with sections 102(c) and 430(c)(1) of the
Homeland Security Act of 2002 (6 U.S.C. 112(c), 238(c)(1))''.
Previously, sec. 3154(a)(1) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat.
2738) struck out ``of five successive fiscal years beginning with
fiscal year 1997'' and inserted in lieu thereof ``of fiscal years 1997
through 2013''. Sec. 3154(b) of that Act (50 U.S.C. 2315 note) provided
the following:
``(b) Construction of Extension With Designation of Attorney
General as Lead Official.--The amendments made by subsection (a) may
not be construed as modifying the designation of the President titled
`Designation of the Attorney General as the Lead Official for the
Emergency Response Assistance Program Under Sections 1412 and 1415 of
the National Defense Authorization Act for Fiscal Year 1997', dated
April 6, 2000, designating the Attorney General to assume programmatic
and funding responsibilities for the Emergency Response Assistance
Program under sections 1412 and 1415 of the Defense Against Weapons of
Mass Destruction Act of 1996 (title XIV of the National Defense
Authorization Act for Fiscal Year 1997).''.
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(3) In developing and carrying out the program, the
Secretary shall coordinate with the Secretary of Defense,\19\
the Director of the Federal Bureau of Investigation,\19\ the
Secretary of Energy, and the heads of any other Federal, State,
and local government agencies that have an expertise or
responsibilities relevant to emergencies described in paragraph
(1).
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
\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\
---------------------------------------------------------------------------
\24\ For text, see Legislation on Foreign Relations Through 2005,
vol. I-B.
---------------------------------------------------------------------------
(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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
(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\
---------------------------------------------------------------------------
\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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(d) \27\ Civilian Expertise.--The President shall take
reasonable measures to reduce the reliance of civilian law
enforcement officials on Department of Defense resources to
counter the threat posed by the use or potential use of
biological and chemical weapons of mass destruction within the
United States. The measures shall include--
---------------------------------------------------------------------------
\27\ 50 U.S.C. 2316.
---------------------------------------------------------------------------
(1) actions to increase civilian law enforcement
expertise to counter such a threat; and
(2) actions to improve coordination between civilian
law enforcement officials and other civilian sources of
expertise, within and outside the Federal Government,
to counter such a threat.
(e) \27\ Reports.--The President shall submit to Congress
the following reports:
(1) Not later than 90 days after the date of the
enactment of this Act, a report describing the
respective policy functions and operational roles of
Federal agencies in countering the threat posed by the
use or potential use of biological and chemical weapons
of mass destruction within the United States.
(2) Not later than one year after such date, a report
describing--
(A) the actions planned to be taken to carry
out subsection (d); and
(B) the costs of such actions.
(3) Not later than three years after such date, a
report updating the information provided in the reports
submitted pursuant to paragraphs (1) and (2), including
the measures taken pursuant to subsection (d).
SEC. 1417.\28\ RAPID RESPONSE INFORMATION SYSTEM.
(a) Inventory of Rapid Response Assets.--(1) The head of
each Federal Response Plan agency shall develop and maintain an
inventory of physical equipment and assets under the
jurisdiction of that agency that could be made available to aid
State and local officials in search and rescue and other
disaster management and mitigation efforts associated with an
emergency involving weapons of mass destruction. The agency
head shall submit a copy of the inventory, and any updates of
the inventory, to the Director of the Federal Emergency
Management Agency for inclusion in the master inventory
required under subsection (b).
---------------------------------------------------------------------------
\28\ 50 U.S.C. 2317.
---------------------------------------------------------------------------
(2) Each inventory shall include a separate listing of any
equipment that is excess to the needs of that agency and could
be considered for disposal as excess or surplus property for
use for response and training with regard to emergencies
involving weapons of mass destruction.
(b) Master Inventory.--The Director of the Federal
Emergency Management Agency shall compile and maintain a
comprehensive listing of all inventories prepared under
subsection (a). The first such master list shall be completed
not later than December 31, 1997, and shall be updated annually
thereafter.
(c) Addition to Federal Response Plan.--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 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
accessing and using the physical equipment and assets included
in the master list developed under subsection to respond to
emergencies involving weapons of mass destruction.
(d) Database on Chemical and Biological Materials.--The
Director of the Federal Emergency Management Agency, in
consultation with the Secretary of Defense, shall prepare a
database on chemical and biological agents and munitions
characteristics and safety precautions for civilian use. The
initial design and compilation of the database shall be
completed not later than December 31, 1997.
(e) Access to Inventory and Database.--The Director of the
Federal Emergency Management Agency shall design and maintain a
system to give Federal, State, and local officials access to
the inventory listing and database maintained under this
section in the event of an emergency involving weapons of mass
destruction or to prepare and train to respond to such an
emergency. The system shall include a secure but accessible
emergency response hotline to access information and request
assistance.
Subtitle B--Interdiction of Weapons of Mass Destruction and Related
Materials
SEC. 1421.\29\ PROCUREMENT OF DETECTION EQUIPMENT UNITED STATES BORDER
SECURITY.
Of the amount authorized to be appropriated by section 301,
$15,000,000 is available for the procurement of--
---------------------------------------------------------------------------
\29\ 50 U.S.C. 2331.
---------------------------------------------------------------------------
(1) equipment capable of detecting the movement of
weapons of mass destruction and related materials into
the United States;
(2) equipment capable of interdicting the movement of
weapons of mass destruction and related materials into
the United States; and
(3) materials and technologies related to use of
equipment described in paragraph (1) or (2).
SEC. 1422.\30\ EXTENSION OF COVERAGE OF INTERNATIONAL EMERGENCY
ECONOMIC POWERS ACT.
Section 206 of the International Emergency Economic Powers
Act (50 U.S.C. 1705) is amended-- * * *
---------------------------------------------------------------------------
\30\ For text of the International Emergency Economic Powers Act,
see Legislation on Foreign Relations Through 2005, vol. III.
---------------------------------------------------------------------------
SEC. 1423.\31\ SENSE OF CONGRESS CONCERNING CRIMINAL PENALTIES.
(a) Sense of Congress Concerning Inadequacy of Sentencing
Guidelines.--It is the sense of Congress that the sentencing
guidelines prescribed by the United States Sentencing
Commission for the offenses of importation, attempted
importation, exportation, and attempted exportation of nuclear,
biological, and chemical weapons materials constitute
inadequate punishment for such offenses.
---------------------------------------------------------------------------
\31\ 50 U.S.C. 2332.
---------------------------------------------------------------------------
(b) Urging of Revison \32\ to Guidelines.--Congress urges
the United States Sentencing Commission to revise the relevant
sentencing guidelines to provide for increased penalties for
offenses relating to importation, attempted importation,
exportation, and attempted exportation of nuclear, biological,
or chemical weapons or related materials or technologies under
the following provisions of law:
---------------------------------------------------------------------------
\32\ As enrolled.
---------------------------------------------------------------------------
(1) Section 11 of the Export Administration Act of
1979 (50 U.S.C. App. 2410).
(2) Sections 38 and 40 of the Arms Export Control Act
(22 U.S.C. 2778 and 2780).
(3) The International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.).
(4) Section 309(c) of the Nuclear Non-Proliferation
Act of 1978 (42 U.S.C. 2139a(c)).\33\
---------------------------------------------------------------------------
\33\ Sec. 1069(c)(1) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat.
2136) struck out ``(22 U.S.C. 2156a(c))'' and inserted in lieu thereof
``(42 U.S.C. 2139a(c))''.
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SEC. 1424.\34\ INTERNATIONAL BORDER SECURITY.
(a) Secretary of Defense Responsibility.--The Secretary of
Defense, in consultation and cooperation with the Commissioner
of Customs, shall carry out programs for assisting customs
officials and border guard officials in the independent states
of the former Soviet Union, the Baltic states, and other
countries of Eastern Europe in preventing unauthorized transfer
and transportation of nuclear, biological, and chemical weapons
and related materials. Training, expert advice, maintenance of
equipment, loan of equipment, and audits may be provided under
or in connection with the programs.
---------------------------------------------------------------------------
\34\ 50 U.S.C. 2333.
---------------------------------------------------------------------------
(b) \35\ Other Countries.--The Secretary of Defense may
carry out programs under subsection (a) in a country other than
a country specified in that subsection if the Secretary
determines that there exists in that country a significant
threat of the unauthorized transfer and transportation of
nuclear, biological, or chemical weapons or related materials.
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\35\ Sec. 1211(a) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
2087) amended and restated subsec. (b). Subsec. (b) previously read as
follows:
``(b) Funding.--Of the total amount authorized to be appropriated
by section 301, $15,000,000 is available for carrying out the programs
referred to in subsection (a).''.
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(c) Assistance to States of the Former Soviet Union.--
Assistance under programs referred to in subsection (a) may
(notwithstanding any provision of law prohibiting the extension
of foreign assistance to any of the newly independent states of
the former Soviet Union) be extended to include an independent
state of the former Soviet Union if the President certifies to
Congress that it is in the national interest of the United
States to extend assistance under this section to that state.
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.
Section 1201(b)(1) of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 469; 22
U.S.C. 5955 note) is amended * * *
SEC. 1432.\36\ ELIMINATION OF PLUTONIUM PRODUCTION.
(a) Replacement Program.--The Secretary of Energy, in
consultation with the Secretary of Defense, shall develop a
cooperative program with the Government of Russia to eliminate
the production of weapons grade plutonium by modifying or
replacing the reactor cores at Tomsk-7 and Krasnoyarsk-26 with
reactor cores that are less suitable for the production of
weapons-grade plutonium.
---------------------------------------------------------------------------
\36\ 50 U.S.C. 2341.
---------------------------------------------------------------------------
(b) Program Requirements.--(1) The program shall be
designed to achieve completion of the modifications or
replacements of the reactor cores within three years after the
modification or replacement activities under the program are
begun.
(2) The plan for the program shall--
(A) specify--
(i) successive steps for the modification or
replacement of the reactor cores; and
(ii) clearly defined milestones to be
achieved; and
(B) include estimates of the costs of the program.
(c) Submission of Program Plan to Congress.--Not later than
180 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to Congress--
(1) a plan for the program under subsection (a);
(2) an estimate of the United States funding that is
necessary for carrying out the activities under the
program for each fiscal year covered by the program;
and
(3) a comparison of the benefits of the program with
the benefits of other nonproliferation programs.
Subtitle D--Coordination of Policy and Countermeasures Against
Proliferation of Weapons of Mass Destruction
SEC. 1441.\37\ NATIONAL COORDINATOR ON NONPROLIFERATION.
(a) Designation of Position.--The President shall designate
an individual to serve in the Executive Office of the President
as the National Coordinator for Nonproliferation Matters.
---------------------------------------------------------------------------
\37\ 50 U.S.C. 2351.
---------------------------------------------------------------------------
(b) Duties.--The Coordinator, under the direction of the
National Security Council, shall advise and assist the
President by--
(1) advising the President on nonproliferation of
weapons of mass destruction, including issues related
to terrorism, arms control, and international organized
crime;
(2) chairing the Committee on Nonproliferation of the
National Security Council; \38\ and
---------------------------------------------------------------------------
\38\ Sec. 1069(c)(2) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat.
2136) struck out ``established under section 1342'' and inserted in
lieu thereof ``of the National Security Council''.
---------------------------------------------------------------------------
(3) taking such actions as are necessary to ensure
that there is appropriate emphasis in, cooperation on,
and coordination of, nonproliferation research efforts
of the United States, including activities of Federal
agencies as well as activities of contractors funded by
the Federal Government.
(c) Allocation of Funds.--Of the total amount authorized to
be appropriated under section 301, $2,000,000 is available to
the Department of Defense for carrying out research referred to
in subsection (b)(3).
SEC. 1442.\39\ NATIONAL SECURITY COUNCIL COMMITTEE ON NONPROLIFERATION.
(a) Establishment.--The Committee on Nonproliferation (in
this section referred to as the ``Committee'') is established
as a committee of the National Security Council.
---------------------------------------------------------------------------
\39\ 50 U.S.C. 2352.
---------------------------------------------------------------------------
(b) Membership.--(1) The Committee shall be composed of
representatives of the following:
(A) The Secretary of State.
(B) The Secretary of Defense.
(C) The Director of Central Intelligence.
(D) The Attorney General.
(E) The Secretary of Energy.
(F) The Administrator of the Federal Emergency
Management Agency.
(G) The Secretary of the Treasury.
(H) The Secretary of Commerce.
(I) Such other members as the President may
designate.
(2) The National Coordinator for Nonproliferation Matters
shall chair the Committee on Nonproliferation.
(c) Responsibilities.--The Committee has the following
responsibilities:
(1) To review and coordinate Federal programs,
policies, and directives relating to the proliferation
of weapons of mass destruction and related materials
and technologies, including matters relating to
terrorism and international organized crime.
(2) To make recommendations through the National
Security Council to the President regarding the
following:
(A) Integrated national policies for
countering the threats posed by weapons of mass
destruction.
(B) Options for integrating Federal agency
budgets for countering such threats.
(C) Means to ensure that Federal, State, and
local governments have adequate capabilities to
manage crises involving nuclear, radiological,
biological, or chemical weapons or related
materials or technologies, and to manage the
consequences of a use of such weapon or related
materials or technologies, and that use of
those capabilities is coordinated.
(D) Means to ensure appropriate cooperation
on, and coordination of, the following:
(i) Preventing the smuggling of
weapons of mass destruction and related
materials and technologies.
(ii) Promoting domestic and
international law enforcement efforts
against proliferation-related efforts.
(iii) Countering the involvement of
organized crime groups in
proliferation-related activities.
(iv) Safeguarding weapons of mass
destruction materials and related
technologies.
(v) Improving coordination and
cooperation among intelligence
activities, law enforcement, and the
Departments of Defense, State,
Commerce, and Energy in support of
nonproliferation and
counterproliferation efforts.
(vi) Improving export controls over
materials and technologies that can
contribute to the acquisition of
weapons of mass destruction.
(vii) Reducing proliferation of
weapons of mass destruction and related
materials and technologies.
SEC. 1443.\40\ COMPREHENSIVE PREPAREDNESS PROGRAM.
(a) Program Required.--The President, acting through the
Committee on Nonproliferation established under section 1442,
shall develop a comprehensive program for carrying out this
title.
---------------------------------------------------------------------------
\40\ 50 U.S.C. 2353.
---------------------------------------------------------------------------
(b) Content of Program.--The program set forth in the
report shall include specific plans as follows:
(1) Plans for countering proliferation of weapons of
mass destruction and related materials and
technologies.
(2) Plans for training and equipping Federal, State,
and local officials for managing a crisis involving a
use or threatened use of a weapon of mass destruction,
including the consequences of the use of such a weapon.
(3) Plans for providing for regular sharing of
information among intelligence, law enforcement, and
customs agencies.
(4) Plans for training and equipping law enforcement
units, customs services, and border security personnel
to counter the smuggling of weapons of mass destruction
and related materials and technologies.
(5) Plans for establishing appropriate centers for
analyzing seized nuclear, radiological, biological, and
chemical weapons, and related materials and
technologies.
(6) Plans for establishing in the United States
appropriate legal controls and authorities relating to
the exporting of nuclear, radiological, biological, and
chemical weapons, and related materials and
technologies.
(7) Plans for encouraging and assisting governments
of foreign countries to implement and enforce laws that
set forth appropriate penalties for offenses regarding
the smuggling of weapons of mass destruction and
related materials and technologies.
(8) Plans for building the confidence of the United
States and Russia in each other's controls over United
States and Russian nuclear weapons and fissile
materials, including plans for verifying the
dismantlement of nuclear weapons.
(9) Plans for reducing United States and Russian
stockpiles of excess plutonium, reflecting--
(A) consideration of the desirability and
feasibility of a United States-Russian
agreement governing fissile material
disposition and the specific technologies and
approaches to be used for disposition of excess
plutonium; and
(B) an assessment of the options for United
States cooperation with Russia in the
disposition of Russian plutonium.
(10) Plans for studying the merits and costs of
establishing a global network of means for detecting
and responding to terroristic or other criminal use of
biological agents against people or other forms of life
in the United States or any foreign country.
(c) Report.--(1) At the same time that the President
submits the budget for fiscal year 1998 to Congress pursuant to
section 1105(a) of title 31, United States Code, the President
shall submit to Congress a report that sets forth the
comprehensive program developed under subsection (a).
(2) The report shall include the following:
(A) The specific plans for the program that are
required under subsection (b).
(B) Estimates of the funds necessary, by agency or
department, for carrying out such plans in fiscal year
1998 and the following five fiscal years.
(3) The report shall be in an unclassified form. If there
is a classified version of the report, the President shall
submit the classified version at the same time.
SEC. 1444.\41\ TERMINATION.
After September 30, 1999, the President--
---------------------------------------------------------------------------
\41\ 50 U.S.C. 2354.
---------------------------------------------------------------------------
(1) is not required to maintain a National
Coordinator for Nonproliferation Matters under section
1441; \42\ and
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\42\ Sec. 1069(c)(3) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat.
2136) struck out ``1341'' and ``1342'' and inserted in lieu thereof,
respectively, ``1441'' and ``1442''.
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(2) may terminate the Committee on Nonproliferation
established under section 1442.\42\
Subtitle E--Miscellaneous
SEC. 1451.\43\ SENSE OF CONGRESS CONCERNING CONTRACTING POLICY.
It is the sense of Congress that the Secretary of Defense,
the Secretary of Energy, the Secretary of the Treasury, and the
Secretary of State, to the extent authorized by law, should--
---------------------------------------------------------------------------
\43\ 50 U.S.C. 2361.
---------------------------------------------------------------------------
(1) contract directly with suppliers in independent
states of the former Soviet Union when such action
would--
(A) result in significant savings of the
programs referred to in subtitle C; and
(B) substantially expedite completion of the
programs referred to in subtitle C; and
(2) seek means to use innovative contracting
approaches to avoid delay and increase the
effectiveness of such programs and of the exercise of
such authorities.
SEC. 1452.\44\ TRANSFERS OF ALLOCATIONS AMONG COOPERATIVE THREAT
REDUCTION PROGRAMS.
Congress finds that--
---------------------------------------------------------------------------
\44\ 50 U.S.C. 2362.
---------------------------------------------------------------------------
(1) the various Cooperative Threat Reduction programs
are being carried out at different rates in the various
countries covered by such programs; and
(2) it is necessary to authorize transfers of funding
allocations among the various programs in order to
maximize the effectiveness of United States efforts
under such programs.
SEC. 1453.\45\ SENSE OF CONGRESS CONCERNING ASSISTANCE TO STATES OF
FORMER SOVIET UNION.
It is the sense of Congress that--
---------------------------------------------------------------------------
\45\ 50 U.S.C. 2363.
---------------------------------------------------------------------------
(1) the Cooperative Threat Reduction programs and
other United States programs authorized in title XIV of
the National Defense Authorization Act for Fiscal Year
1993 (Public Law 102-484; 22 U.S.C. 5901 et seq.) \46\
should be expanded by offering assistance under those
programs to other independent states of the former
Soviet Union in addition to Russia, Ukraine, Kazakstan,
and Belarus; and
---------------------------------------------------------------------------
\46\ Sec. 1069(c)(4) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat.
2136) struck out ``the National Defense Authorization Act for Fiscal
Years 1993 and 1994'' and inserted in lieu thereof ``title XIV of the
National Defense Authorization Act for Fiscal Year 1993 (Public Law
102-484; 22 U.S.C. 5901 et seq.)''.
---------------------------------------------------------------------------
(2) the President should offer assistance to
additional independent states of the former Soviet
Union in each case in which the participation of such
states would benefit national security interests of the
United States by improving border controls and
safeguards over materials and technology associated
with weapons of mass destruction.
SEC. 1454.\47\ PURCHASE OF LOW-ENRICHED URANIUM DERIVED FROM RUSSIAN
HIGHLY ENRICHED URANIUM.
(a) Sense of Congress.--It is the sense of Congress that
the allies of the United States and other nations should
participate in efforts to ensure that stockpiles of weapons-
grade nuclear material are reduced.
---------------------------------------------------------------------------
\47\ 50 U.S.C. 2364.
---------------------------------------------------------------------------
(b) Actions by the Secretary of State.--Congress urges the
Secretary of State to encourage, in consultation with the
Secretary of Energy, other countries to purchase low-enriched
uranium that is derived from highly enriched uranium extracted
from Russian nuclear weapons.
SEC. 1455.\48\ SENSE OF CONGRESS CONCERNING PURCHASE, PACKAGING, AND
TRANSPORTATION OF FISSILE MATERIALS AT RISK OF
THEFT.
It is the sense of Congress that--
---------------------------------------------------------------------------
\48\ 50 U.S.C. 2365.
---------------------------------------------------------------------------
(1) the Secretary of Defense, the Secretary of
Energy, the Secretary of the Treasury, and the
Secretary of State should purchase, package, and
transport to secure locations weapons-grade nuclear
materials from a stockpile of such materials if such
officials determine that--
(A) there is a significant risk of theft of
such materials; and
(B) there is no reasonable and economically
feasible alternative for securing such
materials; and
(2) if it is necessary to do so in order to secure
the materials, the materials should be imported into
the United States, subject to the laws and regulations
that are applicable to the importation of such
materials into the United States.
r. Nuclear Proliferation Prevention Act of 1994
Partial text of Public Law 103-236 [Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat. 382 at 507,
approved April 30, 1994; as amended by Public Law 104-164 [H.R. 3121],
110 Stat. 1421, approved July 21, 1996
TITLE VIII--NUCLEAR PROLIFERATION PREVENTION ACT \1\
SEC. 801. SHORT TITLE.
This title may be cited as the ``Nuclear Proliferation
Prevention Act of 1994''.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 3201 note.
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PART A--REPORTING ON NUCLEAR EXPORTS \2\
* * * * * * *
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\2\ Part A amends the Nuclear Non-Proliferation Act of 1978.
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PART B--SANCTIONS FOR NUCLEAR PROLIFERATION \3\
SEC. 821.\4\ IMPOSITION OF PROCUREMENT SANCTION ON PERSONS ENGAGING IN
EXPORT ACTIVITIES THAT CONTRIBUTE TO PROLIFERATION.
(a) Determination by the President.--
---------------------------------------------------------------------------
\3\ Sec. 831 of this Act provided:
---------------------------------------------------------------------------
``sec. 831. effective date.
---------------------------------------------------------------------------
``The provisions of this part, and the amendments made by this
part, shall take effect 60 days after the date of the enactment of this
Act.''.
\4\ 22 U.S.C. 6301. In a memorandum dated March 5, 2007 (72 F.R.
11283; March 13, 2007), the President delegated his functions under
sec. 821 to the Secretary of State, except the function under sec.
821(c)(2)(A) which he delegated to the Secretary of Defense.
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(1) In general.--Except as provided in subsection
(b)(2), the President shall impose the sanction
described in subsection (c) if the President determines
in writing that, on or after the effective date of this
part, a foreign person or a United States person has
materially and with requisite knowledge contributed,
through the export from the United States or any other
country of any goods or technology (as defined in
section 830(2)), to the efforts by any individual,
group, or non-nuclear-weapon state to acquire
unsafeguarded special nuclear material or to use,
develop, produce, stockpile, or otherwise acquire any
nuclear explosive device.
(2) Persons against which the sanction is to be
imposed.--The sanction shall be imposed pursuant to
paragraph (1) on--
(A) the foreign person or United States
person with respect to which the President
makes the determination described in that
paragraph;
(B) any successor entity to that foreign
person or United States person;
(C) any foreign person or United States
person that is a parent or subsidiary of that
person if that parent or subsidiary materially
and with requisite knowledge assisted in the
activities which were the basis of that
determination; and
(D) any foreign person or United States
person that is an affiliate of that person if
that affiliate materially and with requisite
knowledge assisted in the activities which were
the basis of that determination and if that
affiliate is controlled in fact by that person.
(3) Other sanctions available.--The sanction which is
required to be imposed for activities described in this
subsection is in addition to any other sanction which
may be imposed for the same activities under any other
provision of law.
(4) Definition.--For purposes of this subsection, the
term ``requisite knowledge'' means situations in which
a person ``knows'', as ``knowing'' is defined in
section 104 of the Foreign Corrupt Practices Act of
1977 (15 U.S.C. 78dd-2).
(b) Consultation With and Actions by Foreign Government of
Jurisdiction.--
(1) Consultations.--If the President makes a
determination described in subsection (a)(1) with
respect to a foreign person, the Congress urges the
President to initiate consultations immediately with
the government with primary jurisdiction over that
foreign person with respect to the imposition of the
sanction pursuant to this section.
(2) Actions by government of jurisdiction.--In order
to pursue such consultations with that government, the
President may delay imposition of the sanction pursuant
to this section for up to 90 days. Following these
consultations, the President shall impose the sanction
unless the President determines and certifies in
writing to the Congress that that government has taken
specific and effective actions, including appropriate
penalties, to terminate the involvement of the foreign
person in the activities described in subsection
(a)(1). The President may delay the imposition of the
sanction for up to an additional 90 days if the
President determines and certifies in writing to the
Congress that that government is in the process of
taking the actions described in the preceding sentence.
(3) Report to congress.--Not later than 90 days after
making a determination under subsection (a)(1), the
President shall submit to the Committee on Foreign
Relations and the Committee on Governmental Affairs of
the Senate and the Committee on Foreign Affairs \5\ of
the House of Representatives a report on the status of
consultations with the appropriate government under
this subsection, and the basis for any determination
under paragraph (2) of this subsection that such
government has taken specific corrective actions.
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\5\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that
references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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(c) Sanction.--
(1) Description of sanction.--The sanction to be
imposed pursuant to subsection (a)(1) is, except as
provided in paragraph (2) of this subsection, that the
United States Government shall not procure, or enter
into any contract for the procurement of, any goods or
services from any person described in subsection
(a)(2).
(2) Exceptions.--The President shall not be required
to apply or maintain the sanction under this section--
(A) in the case of procurement of defense
articles or defense services--
(i) under existing contracts or
subcontracts, including the exercise of
options for production quantities to
satisfy requirements essential to the
national security of the United States;
(ii) if the President determines in
writing that the person or other entity
to which the sanction would otherwise
be applied is a sole source supplier of
the defense articles or services, that
the defense articles or services are
essential, and that alternative sources
are not readily or reasonably
available; or
(iii) if the President determines in
writing that such articles or services
are essential to the national security
under defense coproduction agreements;
(B) to products or services provided under
contracts entered into before the date on which
the President publishes his intention to impose
the sanction;
(C) to--
(i) spare parts which are essential
to United States products or
production;
(ii) component parts, but not
finished products, essential to United
States products or production; or
(iii) routine servicing and
maintenance of products, to the extent
that alternative sources are not
readily or reasonably available;
(D) to information and technology essential
to United States products or production; or
(E) to medical or other humanitarian items.
(d) \6\ Advisory Opinions.--Upon the request of any person,
the Secretary of State may, in consultation with the Secretary
of Defense, issue in writing an advisory opinion to that person
as to whether a proposed activity by that person would subject
that person to the sanction under this section. Any person who
relies in good faith on such an advisory opinion which states
that the proposed activity would not subject a person to such
sanction, and any person who thereafter engages in such
activity, may not be made subject to such sanction on account
of such activity.
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\6\ The Secretary of State delegated functions authorized under
this subsection to the Under Secretary for International Security
Affairs (Department of State Public Notice 2086; sec. 2 of Delegation
of Authority No. 214; 59 F.R. 50790; October 5, 1994).
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(e) Termination of the Sanction.--The sanction imposed
pursuant to this section shall apply for a period of at least
12 months following the imposition of the sanction and shall
cease to apply thereafter only if the President determines and
certifies in writing to the Congress that--
(1) reliable information indicates that the foreign
person or United States person with respect to which
the determination was made under subsection (a)(1) has
ceased to aid or abet any individual, group, or non-
nuclear-weapon state in its efforts to acquire
unsafeguarded special nuclear material or any nuclear
explosive device, as described in that subsection; and
(2) the President has received reliable assurances
from the foreign person or United States person, as the
case may be, that such person will not, in the future,
aid or abet any individual, group, or non-nuclear-
weapon state in its efforts to acquire unsafeguarded
special nuclear material or any nuclear explosive
device, as described in subsection (a)(1).
(f) Waiver.--
(1) Criterion for waiver.--The President may waive
the application of the sanction imposed on any person
pursuant to this section, after the end of the 12-month
period beginning on the date on which that sanction was
imposed on that person, if the President determines and
certifies in writing to the Congress that the continued
imposition of the sanction would have a serious adverse
effect on vital United States interests.
(2) Notification of and report to congress.--If the
President decides to exercise the waiver authority
provided in paragraph (1), the President shall so
notify the Congress not less than 20 days before the
waiver takes effect. Such notification shall include a
report fully articulating the rationale and
circumstances which led the President to exercise the
waiver authority.
SEC. 822. ELIGIBILITY FOR ASSISTANCE.
(a) \7\ Amendments to the Arms Export Control Act.-- * * *
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\7\ Subsec. (a) amended secs. 3 and 40 of the Arms Export Control
Act (22 U.S.C. 2753, 2780).
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(b) Foreign Assistance Act of 1961.--
(1) Presidential determination 82-7.--Notwithstanding
any other provision of law, Presidential Determination
No. 82-7 of February 10, 1982,\8\ made pursuant to
section 670(a)(2) of the Foreign Assistance Act of
1961, shall have no force or effect with respect to any
grounds for the prohibition of assistance under section
102(a)(1) of the Arms Export Control Act arising on or
after the effective date of this part.
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\8\ Presidential Determination No. 82-7 of February 10, 1982 (47
F.R. 9805; March 8, 1982), issued as a memorandum for the Secretary of
State, read as follows:
``By the authority vested in me as President by the Constitution
and statutes of the United States of America, including sections 620E
and 670(a)(2) of the Foreign Assistance Act of 1961, as amended (``the
Act''), I hereby:
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``(1) determine, pursuant to section 620E(d) of the Act, that the
provision of assistance to Pakistan under the Act through September 30,
1987, is in the national interest of the United States and therefore waive
the prohibitions of section 669 of the Act with respect to that period;
``(2) determine and certify, pursuant to section 670(a)(2) of the Act,
that not providing assistance referred to in section 670(a)(1) of the Act
to Pakistan would be seriously prejudicial to the achievement of United
States nonproliferation objectives and otherwise jeopardize the common
defense and security;
``(3) authorize the provision of assistance referred to in sections
669(a)(1) and 670(a)(1) of the Act to Pakistan beginning thirty (30) days
following submission of this determination and certification to the
Congress.''.
(2) \9\ * * *
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\9\ Para. (2) amended sec. 620E(d) of the Foreign Assistance Act of
1961 (22 U.S.C. 2375(d)).
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SEC. 823. ROLE OF INTERNATIONAL FINANCIAL INSTITUTIONS.
(a) \10\ In General.--The Secretary of the Treasury shall
instruct the United States executive director to each of the
international financial institutions described in section
701(a) of the International Financial Institutions Act (22
U.S.C. 262d(a)) to use the voice and vote of the United States
to oppose any use of the institution's funds to promote the
acquisition of unsafeguarded special nuclear material or the
development, stockpiling, or use of any nuclear explosive
device by any non-nuclear-weapon state.
---------------------------------------------------------------------------
\10\ 22 U.S.C. 6302.
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(b) \11\ * * *
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\11\ Subsec. (b) amended sec. 701(b)(3) of the International
Financial Institutions Act (22 U.S.C. 262d(b)(3)).
---------------------------------------------------------------------------
SEC. 824.\12\ PROHIBITION ON ASSISTING NUCLEAR PROLIFERATION THROUGH
THE PROVISION OF FINANCING.
(a) Prohibited Activity Defined.--For purposes of this
section, the term ``prohibited activity'' means the act of
knowingly, materially, and directly contributing or attempting
to contribute, through the provision of financing, to--
---------------------------------------------------------------------------
\12\ 22 U.S.C. 6303.
---------------------------------------------------------------------------
(1) the acquisition of unsafeguarded special nuclear
material; or
(2) the use, development, production, stockpiling, or
other acquisition of any nuclear explosive device,
by any individual, group, or non-nuclear-weapon state.
(b) Prohibition.--To the extent that the United States has
jurisdiction to prohibit such activity by such person, no
United States person and no foreign person may engage in any
prohibited activity.
(c) Presidential Determination and Order With Respect to
United States and Foreign Persons.--If the President
determines,,\13\ that a United States person or a foreign
person has engaged in a prohibited activity (without regard to
whether subsection (b) applies), the President shall, by order,
impose the sanctions described in subsection (d) on such
person.
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\13\ Sec. 157(b)(1) of Public Law 104-164 (110 Stat. 1440) struck
out ``in writing after opportunity for a hearing on the record''
(resulting in a double comma).
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(d) Sanctions.--The following sanctions shall be imposed
pursuant to any order issued under subsection (c) with respect
to any United States person or any foreign person:
(1) Ban on dealings in government finance.--
(A) Designation as primary dealer.--Neither
the Board of Governors of the Federal Reserve
System nor the Federal Reserve Bank of New York
may designate, or permit the continuation of
any prior designation of, the person as a
primary dealer in United States Government debt
instruments.
(B) Service as depositary.--The person may
not serve as a depositary for United States
Government funds.
(2) Restrictions on operations.--The person may not,
directly or indirectly--
(A) commence any line of business in the
United States in which the person was not
engaged as of the date of the order; or
(B) conduct business from any location in the
United States at which the person did not
conduct business as of the date of the order.
(e) \14\ Consultation With and Actions by Foreign
Government of Jurisdiction.--
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\14\ Sec. 157(b)(2) and (3) of Public Law 104-164 (110 Stat. 1440)
struck out subsec. (e) and redesignated subsecs. (f) through (k) as
subsecs. (e) through (j), respectively. Former subsec. (e) had provided
that: ``Any determination of the President under subsection (c) shall
be subject to judicial review in accordance with chapter 7 of part I of
title 5, United States Code.''.
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(1) Consultations.--If the President makes a
determination under subsection (c) with respect to a
foreign person, the Congress urges the President to
initiate consultations immediately with any appropriate
foreign government with respect to the imposition of
any sanction pursuant to this section.
(2) Actions by government of jurisdiction.--
(A) Suspension of period for imposing
sanctions.--In order to pursue consultations
described in paragraph (1) with any government
referred to in such paragraph, the President
may delay, for up to 90 days, the effective
date of an order under subsection (c) imposing
any sanction.
(B) Coordination with activities of foreign
government.--Following consultations described
in paragraph (1), the order issued by the
President under subsection (c) imposing any
sanction on a foreign person shall take effect
unless the President determines, and certifies
in writing to the Congress, that the government
referred to in paragraph (1) has taken specific
and effective actions, including the imposition
of appropriate penalties, to terminate the
involvement of the foreign person in any
prohibited activity.
(C) Extension of period.--After the end of
the period described in subparagraph (A), the
President may delay, for up to an additional 90
days, the effective date of an order issued
under subsection (b) imposing any sanction on a
foreign person if the President determines, and
certifies in writing to the Congress, that the
appropriate foreign government is in the
process of taking actions described in
subparagraph (B).
(3) Report to congress.--Before the end of the 90-day
period beginning on the date on which an order is
issued under subsection (c), the President shall submit
to the Congress a report on--
(A) the status of consultations under this
subsection with the government referred to in
paragraph (1); and
(B) the basis for any determination under
paragraph (2) that such government has taken
specific corrective actions.
(f) \14\ Termination of the Sanctions.--Any sanction
imposed on any person pursuant to an order issued under
subsection (c) shall--
(1) remain in effect for a period of not less than 12
months; and
(2) cease to apply after the end of such 12-month
period only if the President determines, and certifies
in writing to the Congress, that--
(A) the person has ceased to engage in any
prohibited activity; and
(B) the President has received reliable
assurances from such person that the person
will not, in the future, engage in any
prohibited activity.
(g) \14\ Waiver.--The President may waive the continued
application of any sanction imposed on any person pursuant to
an order issued under subsection (c) if the President
determines, and certifies in writing to the Congress, that the
continued imposition of the sanction would have a serious
adverse effect on the safety and soundness of the domestic or
international financial system or on domestic or international
payments systems.
(h) \14\ Enforcement Action.--The Attorney General may
bring an action in an appropriate district court of the United
States for injunctive and other appropriate relief with respect
to--
(1) any violation of subsection (b); or
(2) any order issued pursuant to subsection (c).
(i) \14\ Knowingly Defined.--
(1) In general.--For purposes of this section, the
term ``knowingly'' means the state of mind of a person
with respect to conduct, a circumstance, or a result in
which--
(A) such person is aware that such person is
engaging in such conduct, that such
circumstance exists, or that such result is
substantially certain to occur; or
(B) such person has a firm belief that such
circumstance exists or that such result is
substantially certain to occur.
(2) Knowledge of the existence of a particular
circumstance.--If knowledge of the existence of a
particular circumstance is required for an offense,
such knowledge is established if a person is aware of a
high probability of the existence of such circumstance,
unless the person actually believes that such
circumstance does not exist.
(j) \14\ Scope of Application.--This section shall apply
with respect to prohibited activities which occur on or after
the date this part takes effect.
SEC. 825.\15\ EXPORT-IMPORT BANK. * * *
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\15\ Sec. 825 amended sec. 2(b)(4) of the Export-Import Bank Act of
1945 (12 U.S.C. 635(b)(4)).
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SEC. 826.\16\ AMENDMENT TO THE ARMS EXPORT CONTROL ACT. * * *
---------------------------------------------------------------------------
\16\ Sec. 826(a) added a new chapter 10 to the Arms Export Control
Act, relating to nuclear proliferation controls (22 U.S.C. 2799aa et
seq.). Sec. 826(b) repealed secs. 669 and 670 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2429, 2429a). Sec. 826(c) made corresponding
technical amendments.
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SEC. 827.\17\ REWARD. * * *
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\17\ Sec. 827 amended sec. 36(a) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2708(a)).
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SEC. 828. REPORTS.
(a) \18\ Content of ACDA Annual Report.-- * * *
---------------------------------------------------------------------------
\18\ Sec. 828(a) amended sec. 51(a) of the Arms Control and
Disarmament Act.
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(b) \19\ 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.
---------------------------------------------------------------------------
\19\ 22 U.S.C. 6304.
---------------------------------------------------------------------------
(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--
(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).
* * * * * * *
SEC. 830.\20\ DEFINITIONS.
For purposes of this part--
---------------------------------------------------------------------------
\20\ 22 U.S.C. 6305.
---------------------------------------------------------------------------
(1) the term ``foreign person'' means--
(A) an individual who is not a citizen of the
United States or an alien admitted for
permanent residence to the United States; or
(B) a corporation, partnership, or other
nongovernment entity which is created or
organized under the laws of a foreign country
or which has its principal place of business
outside the United States;
(2) the term ``goods or technology'' means--
(A) nuclear materials and equipment and
sensitive nuclear technology (as such terms are
defined in section 4 of the Nuclear Non-
Proliferation Act of 1978), all export items
designated by the President pursuant to section
309(c) of the Nuclear Non-Proliferation Act of
1978, and all technical assistance requiring
authorization under section 57 b. of the Atomic
Energy Act of 1954, and
(B) in the case of exports from a country
other than the United States, any goods or
technology that, if exported from the United
States, would be goods or technology described
in subparagraph (A);
(3) the term ``IAEA safeguards'' means the safeguards
set forth in an agreement between a country and the
International Atomic Energy Agency, as authorized by
Article III(A)(5) of the Statute of the International
Atomic Energy Agency;
(4) the term ``nuclear explosive device'' means any
device, whether assembled or disassembled, that is
designed to produce an instantaneous release of an
amount of nuclear energy from special nuclear material
that is greater than the amount of energy that would be
released from the detonation of one pound of
trinitrotoluene (TNT);
(5) the term ``non-nuclear-weapon state'' means any
country which is not a nuclear-weapon state, as defined
by Article IX (3) of the Treaty on the Non-
Proliferation of Nuclear Weapons, signed at Washington,
London, and Moscow on July 1, 1968;
(6) the term ``special nuclear material'' has the
meaning given that term in section 11 aa. of the Atomic
Energy Act of 1954 (42 U.S.C. 2014aa);
(7) the term ``United States person'' means--
(A) an individual who is a citizen of the
United States or an alien admitted for
permanent residence to the United States; or
(B) a corporation, partnership, or other
nongovernment entity which is not a foreign
person; and
(8) the term ``unsafeguarded special nuclear
material'' means special nuclear material which is held
in violation of IAEA safeguards or not subject to IAEA
safeguards (excluding any quantity of material that
could, if it were exported from the United States, be
exported under a general license issued by the Nuclear
Regulatory Commission).
SEC. 831. EFFECTIVE DATE.
The provisions of this part, and the amendments made by
this part, shall take effect 60 days after the date of the
enactment of this Act.
PART C--INTERNATIONAL ATOMIC ENERGY AGENCY
SEC. 841.\21\ BILATERAL AND MULTILATERAL INITIATIVES.
It is the sense of the Congress that in order to maintain
and enhance international confidence in the effectiveness of
IAEA safeguards and in other multilateral undertakings to halt
the global proliferation of nuclear weapons, the United States
should seek to negotiate with other nations and groups of
nations, including the IAEA Board of Governors and the Nuclear
Suppliers Group, to--
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\21\ 22 U.S.C. 6321. Sec. 3631 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat.
1825) provided as follows:
---------------------------------------------------------------------------
``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.
---------------------------------------------------------------------------
``(a) Sense of Congress Regarding Initiation of Dialogue Between
the IAEA and the OECD.--It is the sense of Congress that--
---------------------------------------------------------------------------
``(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.
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``(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.''.
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(1) build international support for the principle
that nuclear supply relationships must require
purchasing nations to agree to full-scope international
safeguards;
(2) encourage each nuclear-weapon state within the
meaning of the Treaty to undertake a comprehensive
review of its own procedures for declassifying
information relating to the design or production of
nuclear explosive devices and to investigate any
measures that would reduce the risk of such information
contributing to nuclear weapons proliferation;
(3) encourage the deferral of efforts to produce
weapons-grade nuclear material for large-scale
commercial uses until such time as safeguards are
developed that can detect, on a timely and reliable
basis, the diversion of significant quantities of such
material for nuclear explosive purposes;
(4) pursue greater financial support for the
implementation and improvement of safeguards from all
IAEA member nations with significant nuclear programs,
particularly from those nations that are currently
using or planning to use weapons-grade nuclear material
for commercial purposes;
(5) arrange for the timely payment of annual
financial contributions by all members of the IAEA,
including the United States;
(6) pursue the elimination of international commerce
in highly enriched uranium for use in research reactors
while encouraging multilateral cooperation to develop
and to use low-enriched alternative nuclear fuels;
(7) oppose efforts by non-nuclear-weapon states to
develop or use unsafeguarded nuclear fuels for purposes
of naval propulsion;
(8) pursue an international open skies arrangement
that would authorize the IAEA to operate surveillance
aircraft and would facilitate IAEA access to satellite
information for safeguards verification purposes;
(9) develop an institutional means for IAEA member
nations to share intelligence material with the IAEA on
possible safeguards violations without compromising
national security or intelligence sources or methods;
(10) require any exporter of a sensitive nuclear
facility or sensitive nuclear technology to a non-
nuclear-weapon state to notify the IAEA prior to export
and to require safeguards over that facility or
technology, regardless of its destination; and
(11) seek agreement among the parties to the Treaty
to apply IAEA safeguards in perpetuity and to establish
new limits on the right to withdraw from the Treaty.
SEC. 842.\22\ IAEA INTERNAL REFORMS.
In order to promote the early adoption of reforms in the
implementation of the safeguards responsibilities of the IAEA,
the Congress urges the President to negotiate with other
nations and groups of nations, including the IAEA Board of
Governors and the Nuclear Suppliers Group, to--
---------------------------------------------------------------------------
\22\ 22 U.S.C. 6322.
---------------------------------------------------------------------------
(1) improve the access of the IAEA within nuclear
facilities that are capable of producing, processing,
or fabricating special nuclear material suitable for
use in a nuclear explosive device;
(2)(A) facilitate the IAEA's efforts to meet and to
maintain its own goals for detecting the diversion of
nuclear materials and equipment, giving particular
attention to facilities in which there are bulk
quantities of plutonium; and
(B) if it is not technically feasible for the IAEA to
meet those detection goals in a particular facility,
require the IAEA to declare publicly that it is unable
to do so;
(3) enable the IAEA to issue fines for violations of
safeguards procedures, to pay rewards for information
on possible safeguards violations, and to establish a
``hot line'' for the reporting of such violations and
other illicit uses of weapons-grade nuclear material;
(4) establish safeguards at facilities engaged in the
manufacture of equipment or material that is especially
designated or prepared for the processing, use, or
production of special fissionable material or, in the
case of non-nuclear-weapon states, of any nuclear
explosive device;
(5) establish safeguards over nuclear research and
development activities and facilities;
(6) implement special inspections of undeclared
nuclear facilities, as provided for under existing
safeguards procedures, and seek authority for the IAEA
to conduct challenge inspections on demand at suspected
nuclear sites;
(7) expand the scope of safeguards to include
tritium, uranium concentrates, and nuclear waste
containing special fissionable material, and increase
the scope of such safeguards on heavy water;
(8) revise downward the IAEA's official minimum
amounts of nuclear material (``significant quantity'')
needed to make a nuclear explosive device and establish
these amounts as national rather than facility
standards;
(9) expand the use of full-time resident IAEA
inspectors at sensitive fuel cycle facilities;
(10) promote the use of near real time material
accountancy in the conduct of safeguards at facilities
that use, produce, or store significant quantities of
special fissionable material;
(11) develop with other IAEA member nations an
agreement on procedures to expedite approvals of visa
applications by IAEA inspectors;
(12) provide the IAEA the additional funds, technical
assistance, and political support necessary to carry
out the goals set forth in this subsection; and
(13) make public the annual safeguards implementation
report of the IAEA, establishing a public registry of
commodities in international nuclear commerce,
including dual-use goods, and creating a public
repository of current nuclear trade control laws,
agreements, regulations, and enforcement and judicial
actions by IAEA member nations.
SEC. 843.\23\ REPORTING REQUIREMENT.
(a) Report Required.--The President shall, in the report
required by section 601(a) of the Nuclear Non-Proliferation Act
of 1978, describe--
---------------------------------------------------------------------------
\23\ 22 U.S.C. 6323.
---------------------------------------------------------------------------
(1) the steps he has taken to implement sections 841
and 842, and
(2) the progress that has been made and the obstacles
that have been encountered in seeking to meet the
objectives set forth in sections 841 and 842.
(b) Contents of Report.--Each report under paragraph (1)
shall describe--
(1) the bilateral and multilateral initiatives that
the President has taken during the period since the
enactment of this Act in pursuit of each of the
objectives set forth in sections 841 and 842;
(2) any obstacles that have been encountered in the
pursuit of those initiatives;
(3) any additional initiatives that have been
proposed by other countries or international
organizations to strengthen the implementation of IAEA
safeguards;
(4) all activities of the Federal Government in
support of the objectives set forth in sections 841 and
842;
(5) any recommendations of the President on
additional measures to enhance the effectiveness of
IAEA safeguards; and
(6) any initiatives that the President plans to take
in support of each of the objectives set forth in
sections 841 and 842.
SEC. 844.\24\ DEFINITIONS.
As used in this part--
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\24\ 22 U.S.C. 6324.
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(1) the term ``highly enriched uranium'' means
uranium enriched to 20 percent or more in the isotope
U-235;
(2) the term ``IAEA'' means the International Atomic
Energy Agency;
(3) the term ``near real time material accountancy''
means a method of accounting for the location,
quantity, and disposition of special fissionable
material at facilities that store or process such
material, in which verification of peaceful use is
continuously achieved by means of frequent physical
inventories and the use of in-process instrumentation;
(4) the term ``special fissionable material'' has the
meaning given that term by Article XX(1) of the Statute
of the International Atomic Energy Agency, done at the
Headquarters of the United Nations on October 26, 1956;
(5) the term ``the Treaty'' means the Treaty on the
Non-Proliferation of Nuclear Weapons, signed at
Washington, London, and Moscow on July 1, 1968; and
(6) the terms ``IAEA safeguards'', ``non-nuclear-
weapon state'', ``nuclear explosive device'', and
``special nuclear material'' have the meanings given
those terms in section 830 of this Act.
PART D--TERMINATION * * * [Repealed--1996] \25\
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\25\ Sec. 157(a) of Public Law 104-164 (110 Stat. 1440) repealed
part D, which consisted only of sec. 851, which had provided the
following:
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``sec. 851. termination upon enactment of next foreign relations act.
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``On the date of enactment of the first Foreign Relations
Authorization Act that is enacted after the enactment of this Act, the
provisions of parts A and B of this title shall cease to be effective,
the amendments made by those parts shall be repealed, and any provision
of law repealed by those parts shall be reenacted.''.
s. Weapons of Mass Destruction Control 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; Public Law 103-337 [National Defense Authorization Act for
Fiscal Year 1995; S. 2182], 108 Stat. 2663, approved October 5, 1994;
Public Law 104-106 [National Defense Authorization Act for Fiscal Year
1996; S. 1124], 110 Stat. 186, approved February 10, 1996; Public Law
104-201 [National Defense Authorization Act for Fiscal Year 1997; H.R.
3230], 110 Stat. 2422, approved September 23, 1996; Public Law 105-85
[National Defense Authorization Act for Fiscal Year 1998; H.R. 1119],
111 Stat. 1629, approved November 18, 1997; 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 106-65
[National Defense Authorization Act for Fiscal Year 2000; S. 1059], 113
Stat. 512, approved October 5, 1999; Public Law 106-398 [Floyd D.
Spence National Defense Authorization Act for 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 107-314 [Bob
Stump National Defense Authorization Act for Fiscal Year 2003; H.R.
4546], 116 Stat. 2458, approved December 2, 2002
TITLE XV--NONPROLIFERATION
SEC. 1501. SHORT TITLE.
This title may be cited as the ``Weapons of Mass
Destruction Control Act of 1992''.
SEC. 1502. SENSE OF CONGRESS.
It is the sense of the Congress that--
(1) the proliferation (A) of nuclear, biological, and
chemical weapons (hereinafter in this title referred to
as ``weapons of mass destruction'') and related
technology and knowledge and (B) of missile delivery
systems remains one of the most serious threats to
international peace and the national security of the
United States in the post-cold war era;
(2) the proliferation of nuclear weapons, given the
extraordinary lethality of those weapons, is of
particularly serious concern;
(3) the nonproliferation policy of the United States
should continue to seek to limit both the supply of and
demand for weapons of mass destruction and to reduce
the existing threat from proliferation of such weapons;
(4) substantial funding of nonproliferation
activities by the United States is essential to
controlling the proliferation of all weapons of mass
destruction, especially nuclear weapons and missile
delivery systems;
(5) the President's nonproliferation policy statement
of June 1992, and his September 10, 1992, initiative to
increase funding for nonproliferation activities in the
Department of Energy are praiseworthy;
(6) the Congress is committed to cooperating with the
President in carrying out an effective policy designed
to control the proliferation of weapons of mass
destruction;
(7) the President should identify a full range of
appropriate, high priority nonproliferation activities
that can be undertaken by the United States and should
include requests for full funding for those activities
in the budget submission for fiscal year 1994;
(8) the Department of Defense and the Department of
Energy have unique expertise that can further enhance
the effectiveness of international nonproliferation
activities;
(9) under the guidance of the President, the
Secretary of Defense and the Secretary of Energy should
continue to actively assist in United States
nonproliferation activities and in formulating and
executing United States nonproliferation policy,
emphasizing activities such as improved capabilities
(A) to detect and monitor proliferation, (B) to respond
to terrorism, theft, and accidents involving weapons of
mass destruction, and (C) to assist with interdiction
and destruction of weapons of mass destruction and
related weapons material; and
(10) in a manner consistent with United States
nonproliferation policy, the Department of Defense and
the Department of Energy should continue to maintain
and to improve their capabilities to identify, monitor,
and respond to proliferation of weapons of mass
destruction and missile delivery systems.
SEC. 1503. REPORT ON DEPARTMENT OF DEFENSE AND DEPARTMENT OF ENERGY
NONPROLIFERATION ACTIVITIES.
(a) Report Required.--The Secretary of Defense and the
Secretary of Energy shall jointly submit to the committees of
Congress named in subsection (d)(1) a report describing the
role of the Department of Defense and the Department of Energy
with respect to the nonproliferation policy of the United
States.
(b) Matters To Be Covered in Report.--The report shall--
(1) address how the Secretary of Defense integrates
and coordinates existing intelligence and military
capabilities of the Department of Defense and how the
Secretary of Energy integrates and coordinates the
intelligence and emergency response capabilities of the
Department of Energy in support of the nonproliferation
policy of the United States;
(2) identify existing and planned capabilities within
the Department of Defense, including particular
capabilities of the military services, and the
Department of Energy to (A) detect and monitor
clandestine weapons of mass destruction programs, (B)
respond to terrorism or accidents involving such
weapons and to theft of related weapons materials, and
(C) assist with interdiction and destruction of weapons
of mass destruction and related weapons materials;
(3) describe, for the Department of Defense, the
degree to which the Secretary of Defense has
incorporated a nonproliferation mission into the
overall mission of the unified combatant commands and
how the Special Operations Command might support the
commanders of the unified and specified commands in
that mission;
(4) consider the appropriate roles of the Defense
Advance Research Projects Agency (DARPA), the Defense
Nuclear Agency (DNA), the On-Site-Inspection Agency
(OSIA), and other Department of Defense agencies, as
well as the national laboratories of the Department of
Energy, in providing technical assistance and support
for the efforts of the Department of Defense and the
Department of Energy with respect to nonproliferation;
and
(5) identify existing and planned mechanisms for
improving the integration of Department of Defense and
Department of Energy nonproliferation activities with
those of other Federal departments and agencies.
(c) Coordination With Other Agencies.--The report required
by subsection (a) shall, for purposes of subsection (b)(5), be
coordinated with the heads of other appropriate departments and
agencies.
(d) Submission of Report.--(1) The report required by
subsection (a) shall be submitted--
(A) to the Committee on Armed Services and the
Committee on Foreign Relations of the Senate; and
(B) to the Committee on Armed Services, the Committee
on Foreign Affairs, and the Committee on Energy and
Commerce of the House of Representatives.\1\
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\1\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that
references to the Committee on Armed Services of the House of
Representatives shall be treated as referring to the Committee on
National Security of the House of Representatives. Sec. 1(a)(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(a)(5) of that Act provided that references to the Committee on
Foreign Affairs shall be treated as referring to the Committee on
International Relations.
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(2) The report shall be submitted not later than 180 days
after the date of enactment of this Act and shall be submitted
in unclassified form and, as necessary, in classified form.
SEC. 1504. NONPROLIFERATION TECHNOLOGY INITIATIVE.
(a) Funds for Department of Defense Activities.--
(1) Of the amount appropriated pursuant to section
103(3) for Other Procurement, Air Force, $5,000,000
shall be available for the AFTAC Chem/Biological
Collection/Processing program.
(2) Of the amount appropriated pursuant to section
201(3) for Research, Development, Test, and Evaluation,
Air Force, $6,500,000 shall be available for the Joint
Seismic Program.
(3) Of the amount appropriated pursuant to section
201(4) for Research, Development, Test, and Evaluation,
Defense Agencies--
(A) $11,600,000 shall be available for LIDAR,
(B) $5,000,000 shall be available for Seismic
programs of the Defense Advanced Research
Projects Agency, and
(C) $15,000,000 shall be available for
Nuclear Proliferation Detection Technology
programs of the Defense Advanced Research
Projects Agency.
(b) Funds for Department of Energy Activities.--Of the
amount appropriated pursuant to section 3104(a)(2) for
Verification and Control Technologies, $86,000,000 shall be
available for nuclear nonproliferation detection technologies
and activities. Of such amount, not more than $30,000,000 may
be obligated until the report required by section 1503 is
submitted.
SEC. 1505.\2\ INTERNATIONAL NONPROLIFERATION INITIATIVE.
(a) Assistance for International Nonproliferation
Activities.--Subject to the limitations and requirements
provided in this section,\3\ the Secretary of Defense, under
the guidance of the President, may provide assistance to
support international nonproliferation activities.
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\2\ 22 U.S.C. 5859a.
\3\ Sec. 1602(a) of Public Law 103-160 (107 Stat. 1843) struck out
``fiscal year 1993'' and inserted in lieu thereof ``fiscal year 1994''.
Sec. 1501(a)(1) of Public Law 103-337 (108 Stat. 2914) further extended
this initiative to include FY 1995. Sec. 1403(a)(1) of Public Law 104-
106 (110 Stat. 489) struck out ``during fiscal years 1994 and 1995''.
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(b) Activities for Which Assistance May Be Provided.--
Activities for which assistance may be provided under this
section are activities such as the following:
(1) Activities carried out by international
organizations \4\ that are designed to ensure more
effective safeguards against \5\ proliferation and more
effective \6\ verification of compliance with the
international agreements on nonproliferation.\7\
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\4\ Sec. 1501(b)(1)(A) of Public Law 103-337 (108 Stat. 2914)
struck out ``the International Atomic Energy Agency (IAEA)'' and
inserted in lieu thereof ``international organizations''.
\5\ Sec. 1501(b)(1)(B) of Public Law 103-337 (108 Stat. 2914)
struck out ``nuclear'' before ``proliferation''.
\6\ Sec. 1501(b)(1)(C) of Public Law 103-337 (108 Stat. 2914)
struck out ``aggressive'' and inserted in lieu thereof ``effective''.
\7\ Sec. 1501(b)(1)(D) of Public Law 103-337 (108 Stat. 2914)
struck out ``Treaty on the Non-Proliferation of Nuclear Weapons, done
on July 1, 1968.'', and inserted in lieu thereof ``international
agreements on nonproliferation.''.
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(2) Activities of the Department of Defense \8\ in
support of the United Nations Special Commission on
Iraq (or any successor organization). \9\
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\8\ Sec. 1403(b)(1) of Public Law 104-106 (110 Stat. 489) struck
out ``On-Site Inspection Agency'' and inserted in lieu thereof
``Department of Defense''.
\9\ Sec. 9110(e) of the Department of Defense Appropriations Act,
1993 (Public Law 102-396; 106 Stat. 1929), provided the following
transfer of funds: ``* * * 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.''.
Sec. 1505(c)(1) of Public Law 106-65 (113 Stat. 808) inserted ``(or
any successor organization)''.
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(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, biological, chemical, and
missile proliferation through technical projects and
improved information sharing.\10\
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\10\ Sec. 1501(b)(2) of Public Law 103-337 (108 Stat. 2914) struck
out ``nuclear proliferation through joint technical projects and
improved intelligence sharing'' and inserted in lieu thereof ``nuclear,
biological, chemical, and missile proliferation through technical
projects and improved information sharing''.
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(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 as
discretionary spending in the national defense budget function
(function 050).\11\
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\11\ Sec. 1403(b)(2) of Public Law 104-106 (110 Stat. 490) struck
out ``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.'' and
inserted in lieu thereof ``will be counted as discretionary spending in
the national defense budget function (function 050).''.
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(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 for any fiscal year shall be
derived from amounts made available to the Department of
Defense for that fiscal year.\12\ Funds provided as assistance
under this section for a fiscal year \13\ may also be derived
\14\ from balances in working capital accounts of the
Department of Defense.
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\12\ Sec. 1403(c)(1)(A) of Public Law 104-106 (110 Stat. 490)
struck out ``for fiscal year 1994 shall be derived from amounts made
available to the Department of Defense for fiscal year 1994. Funds
provided as assistance under this section for fiscal year 1995 shall be
derived from amounts made available to the Department of Defense for
fiscal year 1995.'', and inserted in lieu thereof ``for any fiscal year
shall be derived from amounts made available to the Department of
Defense for that fiscal year.''.
Previously, sec. 1501(c)(1)(A) of Public Law 103-337 (108 Stat.
2914) inserted ``for fiscal year 1994'' after ``under this section''.
\13\ Sec. 1403(c)(1)(B) of Public Law 104-106 (110 Stat. 490)
struck out ``referred to in this paragraph'' after ``for a fiscal
year''.
\14\ Sec. 1501(c)(1)(B) of Public Law 103-337 (108 Stat. 2914)
struck out ``fiscal year 1994 or'' and inserted in lieu thereof
``fiscal year 1994. Funds provided as assistance under this section for
fiscal year 1995 shall be derived from amounts made available to the
Department of Defense for fiscal year 1995. Funds provided as
assistance under this section for a fiscal year referred to in this
paragraph may also be derived''.
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(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) \15\ The total amount of the assistance provided in the
form of funds under this section, including funds used for
activities of the Department of Defense \16\ in support of the
United Nations Special Commission on Iraq, may not exceed
$25,000,000 for fiscal year 1994, $20,000,000 for fiscal year
1995, $15,000,000 for fiscal year 1996, $15,000,000 for fiscal
year 1997; or $15,000,000 for fiscal year 1998.
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\15\ Sec. 1602(b) of Public Law 103-160 (107 Stat. 1843) struck out
``$40,000,000'' and inserted in lieu thereof ``$25,000,000, including
funds used for activities of the On-Site Inspection Agency in support
of the United Nations Special Commission on Iraq''; and struck out the
section sentence of this para., which read as follows: ``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.''.
Sec. 1501(c)(2) of Public Law 103-337 (108 Stat. 2914) inserted
``for fiscal year 1994 and $20,000,000 for fiscal year 1995'' after
``$25,000,000''.
Sec. 1403(c)(2)(A) of Public Law 104-106 (110 Stat. 490) struck out
``may not exceed $25,000,000 for fiscal year 1994 or $20,000,000 for
fiscal year 1995''. Sec. 1403(c)(2)(B) of that Act inserted at the end
of the same sentence, ``may not exceed $25,000,000 for fiscal year
1994, $20,000,000 for fiscal year 1995, or $15,000,000 for fiscal year
1996''.
Sec. 1301(a)(1) of Public Law 104-201 (110 Stat. 2700) struck out
``or'' after ``fiscal year 1995,'' and inserted ``or $15,000,000 for
fiscal year 1997'' at the end of the sentence.
Sec. 1308 of Public Law 105-85 (111 Stat. 1956) struck out ``or''
after ``fiscal year 1996'' and added ``, or $15,000,000 for fiscal year
1998'' at the end of the para.
Sec. 1531(a) of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2180) provided
the following:
``(a) Amount Authorized for Fiscal Year 1999.--The total amount of
assistance for fiscal year 1999 provided by the Secretary of Defense
under section 1505 of the Weapons of Mass Destruction Control Act of
1992 (22 U.S.C. 5859a) that is provided for activities of the
Department of Defense in support of the United Nations Special
Commission on Iraq, may not exceed $15,000,000.''.
Sec. 1505(a) of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106-65; 113 Stat. 808) provided the following:
``(a) Limitation on Amount of Assistance in Fiscal Year 2000.--The
total amount of the assistance for fiscal year 2000 that is provided by
the Secretary of Defense under section 1505 of the Weapons of Mass
Destruction Control Act of 1992 (22 U.S.C. 5859a) as activities of the
Department of Defense in support of activities under that Act may not
exceed $15,000,000.''.
Sec. 1201(a) of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (Public Law 106-398; 114 Stat. 1654) provided
the following:
``(a) Limitation on Amount of Assistance in Fiscal Year 2001.--The
total amount of the assistance for fiscal year 2001 that is provided by
the Secretary of Defense under section 1505 of the Weapons of Mass
Destruction Control Act of 1992 (22 U.S.C. 5859a) as activities of the
Department of Defense in support of activities under that Act may not
exceed $15,000,000.''.
\16\ Sec. 1403(b)(1) of Public Law 104-106 (110 Stat. 489) struck
out ``On-Site Inspection Agency'' and inserted in lieu thereof
``Department of Defense''.
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(4) \17\ (A) In the event of a significant unforeseen
development related to the activities of the United Nations
Special commission on Iraq (or any successor organization) \18\
for which the Secretary of Defense determines that financial
assistance under this section is required at a level which
would result in the total amount of assistance provided under
this section during the then-current fiscal year exceeding the
amount of any limitation provided by law on the total amount of
such assistance for that fiscal year, the Secretary of Defense
may provide such assistance with respect to that fiscal year
notwithstanding that limitation.\19\
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\17\ Sec. 1301(b) of Public Law 104-201 (110 Stat. 2700) added
para. (4). Previously, sec. 1602(c) of Public Law 103-160 (107 Stat.
1843) struck out the original para. (4) of subsec. (d), which had read
as follows:
``(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--
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``(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.''.
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\18\ Sec. 1505(c)(2)(A)(i) of Public Law 106-65 (113 Stat. 808)
inserted ``(or any successor organization)''.
\19\ Sec. 1505(c)(2)(A)(ii) of Public Law 106-65 (113 Stat. 808)
struck out ``the amount specified with respect to that year under
paragraph (3), the Secretary of Defense may provide such assistance
notwithstanding the limitation with respect to that fiscal year under
paragraph (3). Funds for such purpose may be derived from any funds
available to the Department of Defense for that fiscal year.'' and
inserted in lieu thereof ``the amount of any limitation provided by law
on the total amount of such assistance for that fiscal year, the
Secretary of Defense may provide such assistance with respect to that
fiscal year notwithstanding that limitation.''.
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(B) Financial assistance may be provided under subparagraph
(A) only after the Secretary of Defense provides notice in
writing to the committees of Congress named in subsection
(e)(2) of the significant unforeseen development and of the
Secretary's intent to provide assistance in excess of the
limitation for that fiscal year.\20\ However, if the Secretary
determines in any case that under the specific circumstances of
that case advance notice is not possible, such notice shall be
provided as soon as possible and not later than 15 days after
the date on which the assistance is provided. Any notice under
this subparagraph shall include a description of the
development, the amount of assistance provided or to be
provided, and the source of the funds for that assistance.
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\20\ Sec. 1505(c)(2)(B) of Public Law 106-65 (113 Stat. 808) struck
out ``under paragraph (3)'' at this point.
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(e) Quarterly Report.--(1) Not later than 30 days after the
end of each quarter of a fiscal year during which the authority
of the Secretary of Defense to provide assistance under this
section is in effect, \21\ 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)--
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\21\ Sec. 1602(a) of Public Law 103-160 (107 Stat. 1843) struck out
``fiscal year 1993'' and inserted in lieu thereof ``fiscal year 1994''.
Sec. 1403(a)(2) of Public Law 104-106 (110 Stat. 489) subsequently
struck out ``fiscal years 1994 and 1995'' and inserted in lieu thereof
``of a fiscal year during which the authority of the Secretary of
Defense to provide assistance under this section is in effect''.
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(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) \22\ are to be transmitted are--
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\22\ Para. (2) originally read, ``(2) The committees of Congress to
which reports under paragraph (1) and under subsection (d)(2) are to be
transmitted are--''. Sec. 1182(c)(5) of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat.
1772) struck out ``(d)(2)'' and inserted in lieu thereof ``(d)(4)''.
Sec. 1070(c)(1) of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103-337; 108 Stat. 2857) subsequently struck out
``and under subsection (d)(4)''.
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(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.\23\
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\23\ 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(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.
Subsequently, sec. 1067(8) of Public Law 106-65 (113 Stat. 774)
struck out ``Committee on National Security'' and inserted in lieu
thereof ``Committee on Armed Services''.
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(f) \24\ Termination of Authority.--The authority of the
Secretary of Defense to provide assistance under this section
terminates at the close of fiscal year 2003.
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\24\ Sec. 1403(a)(3) of Public Law 104-106 (110 Stat. 489) added
subsec. (f), to provide for this authority through fiscal year 1996.
Sec. 1301(a)(2) of Public Law 104-201 (110 Stat. 2700) struck out
``1996'' and inserted in lieu thereof ``1997''. Sec. 1308(2) of Public
Law 105-85 (111 Stat. 1956) extended the authority through fiscal year
1998. Sec. 1531(b) of Public Law 105-261 (112 Stat. 2180) extended the
authority through fiscal year 1999. Sec. 1505(b) of Public Law 106-65
(113 Stat. 808) extended the authority through fiscal year 2000. Sec.
1201(b) of Public Law 106-398 (114 Stat. 1654) extended the authority
through fiscal year 2001. Sec. 1203(b) of Public Law 107-107 (115 Stat.
1246) extended the authority through fiscal year 2002. Sec. 1204(b) of
Public Law 107-314 (116 Stat. 2664) extended the authority through
fiscal year 2003.
t. Iran-Iraq Arms Non-Proliferation Act of 1992
Partial text of Public Law 102-484 [National Defense Authorization Act
for Fiscal Year 1993; H.R. 5006], 106 Stat. 2315 at 2571, approved
October 23, 1992; 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 107-228 [Foreign Relations
Authorization Act, Fiscal Year 2003; H.R. 1646], 116 Stat. 1350,
approved September 30, 2002
TITLE XVI--IRAN-IRAQ ARMS NON-PROLIFERATION ACT OF 1992
SEC. 1601.\1\ SHORT TITLE.
This title may be cited as the ``Iran-Iraq Arms Non-
Proliferation Act of 1992''.
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\1\ 50 U.S.C. 1701 note. Popularly referred to as the ``Gore-McCain
Act''. In a September 27, 1994, memorandum for the Secretary of State,
the President delegated all functions vested in the President by this
title to the Secretary of State, in consultation with the Secretaries
of Defense, Treasury, Commerce, the Director of the Arms Control and
Disarmament Agency, and other heads of appropriate departments and
agencies (59 F.R. 50685; October 5, 1994).
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SEC. 1602. UNITED STATES POLICY.
(a) In General.--It shall be the policy of the United
States to oppose, and urgently to seek the agreement of other
nations also to oppose, any transfer to Iran or Iraq of any
goods or technology, including dual-use goods or technology,
wherever that transfer could materially contribute to either
country's acquiring chemical, biological, nuclear, or
destabilizing numbers and types of advanced conventional
weapons.
(b) Sanctions.--(1) In the furtherance of this policy, the
President shall apply sanctions and controls with respect to
Iran, Iraq, and those nations and persons who assist them in
acquiring weapons of mass destruction in accordance with the
Foreign Assistance Act of 1961, the Nuclear Non-Proliferation
Act of 1978, the Chemical and Biological Weapons Control and
Warfare Elimination Act of 1991, chapter 7 of the Arms Export
Control Act,\2\ and other relevant statutes, regarding the non-
proliferation of weapons of mass destruction and the means of
their delivery.
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\2\ For text of the Foreign Assistance Act of 1961 (Public Law 87-
195) and chapter 7 of the Arms Export Control Act, see Legislation on
Foreign Relations Through 2008, vol. I-A.
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(2) The President should also urgently seek the agreement
of other nations to adopt and institute, at the earliest
practicable date, sanctions and controls comparable to those
the United States is obligated to apply under this subsection.
(c) Public Identification.--The Congress calls on the
President to identify publicly (in the report required by
section 1607) any country or person that transfers goods or
technology to Iran or Iraq contrary to the policy set forth in
subsection (a).
SEC. 1603. APPLICATION TO IRAN OF CERTAIN IRAQ SANCTIONS.
The sanctions against Iraq specified in paragraphs (1)
through (4) of section 586G(a) of the Iraq Sanctions Act of
1990 (as contained in Public Law 101-513),\3\ including denial
of export licenses for United States persons and prohibitions
on United States Government sales, shall be applied to the same
extent and in the same manner with respect to Iran.
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\3\ For text, see Legislation on Foreign Relations Through 2008,
vol. I-B.
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SEC. 1604. SANCTIONS AGAINST CERTAIN PERSONS.
(a) Prohibition.--If any person transfers or retransfers
goods or technology so as to contribute knowingly and
materially to the efforts by Iran or Iraq (or any agency or
instrumentality of either such country) to acquire chemical,
biological, or nuclear weapons or \4\ to acquire destabilizing
numbers and types of advanced conventional weapons, then the
sanctions described in subsection (b) shall be imposed.
---------------------------------------------------------------------------
\4\ Sec. 1408(a) of Public Law 104-106 (110 Stat. 494) inserted
``to acquire chemical, biological, or nuclear weapons or'' before ``to
acquire''.
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(b) Mandatory Sanctions.--The sanctions to be imposed
pursuant to subsection (a) are as follows:
(1) Procurement sanction.--For a period of two years,
the United States Government shall not procure, or
enter into any contract for the procurement of, any
goods or services from the sanctioned person.
(2) Export sanction.--For a period of two years, the
United States Government shall not issue any license
for any export by or to the sanctioned person.
SEC. 1605. SANCTIONS AGAINST CERTAIN FOREIGN COUNTRIES.
(a) Prohibition.--If the President determines that the
government of any foreign country transfers or retransfers
goods or technology so as to contribute knowingly and
materially to the efforts by Iran or Iraq (or any agency or
instrumentality of either such country) to acquire chemical,
biological, or nuclear weapons or \5\ to acquire destabilizing
numbers and types of advanced conventional weapons, then--
---------------------------------------------------------------------------
\5\ Sec. 1408(b) of Public Law 104-106 (110 Stat. 494) inserted
``to acquire chemical, biological, or nuclear weapons or'' before ``to
acquire''.
---------------------------------------------------------------------------
(1) the sanctions described in subsection (b) shall
be imposed on such country; and
(2) in addition, the President may apply, in the
discretion of the President, the sanction described in
subsection (c).
(b) Mandatory Sanctions.--Except as provided in paragraph
(2), the sanctions to be imposed pursuant to subsection (a)(1)
are as follows:
(1) Suspension of united states assistance.--The
United States Government shall suspend, for a period of
one year, United States assistance to the sanctioned
country.
(2) Multilateral development bank assistance.--The
Secretary of the Treasury shall instruct the United
States Executive Director to each appropriate
international financial institution to oppose, and vote
against, for a period of one year, the extension by
such institution of any loan or financial or technical
assistance to the sanctioned country.
(3) Suspension of codevelopment or coproduction
agreements.--The United States shall suspend, for a
period of one year, compliance with its obligations
under any memorandum of understanding with the
sanctioned country for the codevelopment or
coproduction of any item on the United States Munitions
List (established under section 38 of the Arms Export
Control Act), including any obligation for
implementation of the memorandum of understanding
through the sale to the sanctioned country of technical
data or assistance or the licensing for export to the
sanctioned country of any component part.
(4) Suspension of military and dual-use technical
exchange agreements.--The United States shall suspend,
for a period of one year, compliance with its
obligations under any technical exchange agreement
involving military and dual-use technology between the
United States and the sanctioned country that does not
directly contribute to the security of the United
States, and no military or dual-use technology may be
exported from the United States to the sanctioned
country pursuant to that agreement during that period.
(5) United states munitions list.--No item on the
United States Munitions List (established pursuant to
section 38 of the Arms Export Control Act) may be
exported to the sanctioned country for a period of one
year.
(c) Discretionary Sanction.--The sanction referred to in
subsection (a)(2) is as follows:
(1) Use of authorities of international emergency
economic powers act.--Except as provided in paragraph
(2), the President may exercise, in accordance with the
provisions of that Act, the authorities of the
International Emergency Economic Powers Act with
respect to the sanctioned country.
(2) Exception.--Paragraph (1) does not apply with
respect to urgent humanitarian assistance.
SEC. 1606. WAIVER.
The President may waive the requirement to impose a
sanction described in section 1603, in the case of Iran, or a
sanction described in section 1604(b) or 1605(b), in the case
of Iraq and Iran, 15 days after the President determines and so
reports 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 \6\ that it
is essential to the national interest of the United States to
exercise such waiver authority. Any such report shall provide a
specific and detailed rationale for such determination.
---------------------------------------------------------------------------
\6\ 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. 1607. REPORTING REQUIREMENT.
(a) * * * [Repealed--2002] \7\
---------------------------------------------------------------------------
\7\ Sec. 1308(g)(1)(C) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1350) repealed subsec.
(a), which read as follows:
``(a) Annual Report.--Beginning one year after the date of the
enactment of this Act, and every 12 months thereafter, the President
shall submit 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 a report detailing--
---------------------------------------------------------------------------
``(1) all transfers or retransfers made by any person or foreign
government during the preceding 12-month period which are subject to any
sanction under this title; and
``(2) the actions the President intends to undertake or has undertaken
pursuant to this title with respect to each such transfer.''.
(b) Report on Individual Transfers.--Whenever the President
determines that a person or foreign government has made a
transfer which is subject to any sanction under this title, the
President shall, within 30 days after such transfer, submit 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 \6\ a report--
(1) identifying the person or government and
providing the details of the transfer; and
(2) describing the actions the President intends to
undertake or has undertaken under the provisions of
this title with respect to each such transfer.
(c) Form of Transmittal.--Reports required by this section
may be submitted in classified as well as in unclassified form.
SEC. 1608. DEFINITIONS.
For purposes of this title:
(1) The term ``advanced conventional weapons''
includes--
(A) such long-range precision-guided
munitions, fuel air explosives, cruise
missiles, low observability aircraft, other
radar evading aircraft, advanced military
aircraft, military satellites, electromagnetic
weapons, and laser weapons as the President
determines destabilize the military balance or
enhance offensive capabilities in destabilizing
ways;
(B) such advanced command, control, and
communications systems, electronic warfare
systems, or intelligence collection systems as
the President determines destabilize the
military balance or enhance offensive
capabilities in destabilizing ways; and
(C) such other items or systems as the
President may, by regulation, determine
necessary for purposes of this title.
(2) The term ``cruise missile'' means guided missiles
that use aerodynamic lift to offset gravity and
propulsion to counteract drag.
(3) The term ``goods or technology'' means--
(A) any article, natural or manmade
substance, material, supply, or manufactured
product, including inspection and test
equipment; and
(B) any information and know-how (whether in
tangible form, such as models, prototypes,
drawings, sketches, diagrams, blueprints, or
manuals, or in intangible form, such as
training or technical services) that can be
used to design, produce, manufacture, utilize,
or reconstruct goods, including computer
software and technical data.
(4) The term ``person'' means any United States or
foreign individual, partnership, corporation, or other
form of association, or any of their successor
entities, parents, or subsidiaries.
(5) The term ``sanctioned country'' means a country
against which sanctions are required to be imposed
pursuant to section 1605.
(6) The term ``sanctioned person'' means a person
that makes a transfer described in section 1604(a).
(7) The term ``United States assistance'' means--
(A) \8\ any assistance under the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et
seq.), other than urgent humanitarian
assistance or medicine;
---------------------------------------------------------------------------
\8\ Sec. 1408(c) of Public Law 104-106 (110 Stat. 494) amended and
restated subpara. (A), which formerly read as follows:
``(A) any assistance under the Foreign Assistance Act of 1961,
other than--
---------------------------------------------------------------------------
``(i) urgent humanitarian assistance or medicine, and
``(ii) assistance under chapter 11 of part I (as enacted by the Freedom
for Russia and Emerging Eurasian Democracies and Open Markets Support Act
of 1992);''.
(B) sales and assistance under the Arms
Export Control Act;
(C) financing by the Commodity Credit
Corporation for export sales of agricultural
commodities; and
(D) financing under the Export-Import Bank
Act.
* * * * * * *
u. Chemical and Biological Weapons Control and Warfare Elimination Act
of 1991
Partial text of Public Law 102-182 [H.R. 1724], 105 Stat. 1222,
approved December 4, 1991; as amended by Public Law 107-228 [Foreign
Relations Authorization Act, Fiscal Year 2003; H.R. 1646], 116 Stat.
1350, approved September 30, 2002
AN ACT To provide for the termination of the application of title IV of
the Trade Act of 1974 to Czechoslovakia and Hungary.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
TITLE III--CONTROL AND ELIMINATION OF CHEMICAL AND BIOLOGICAL WEAPONS
SEC. 301.\1\ SHORT TITLE.
This title may be cited as the ``Chemical and Biological
Weapons Control and Warfare Elimination Act of 1991''.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 5601 note. See also title XVII of the National
Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 50
U.S.C. 1522-1524) relating to chemical and biological weapons defense,
in Legislation on Foreign Relations Through 2008, vol. I-B.
---------------------------------------------------------------------------
SEC. 302.\2\ PURPOSES.
The purposes of this title are--
---------------------------------------------------------------------------
\2\ 22 U.S.C. 5601.
---------------------------------------------------------------------------
(1) to mandate United States sanctions, and to
encourage international sanctions, against countries
that use chemical or biological weapons in violation of
international law or use lethal chemical or biological
weapons against their own nationals, and to impose
sanctions against companies that aid in the
proliferation of chemical and biological weapons;
(2) to support multilaterally coordinated efforts to
control the proliferation of chemical and biological
weapons;
(3) to urge continued close cooperation with the
Australia Group and cooperation with other supplier
nations to devise ever more effective controls on the
transfer of materials, equipment, and technology
applicable to chemical or biological weapons
production; and
(4) to require Presidential reports on efforts that
threaten United States interests or regional stability
by Iran, Iraq, Syria, Libya, and others to acquire the
materials and technology to develop, produce,
stockpile, deliver, transfer, or use chemical or
biological weapons.
SEC. 303.\3\ MULTILATERAL EFFORTS.
(a) Multilateral Controls on Proliferation.--It is the policy
of the United States to seek multilaterally coordinated efforts
with other countries to control the proliferation of chemical
and biological weapons. In furtherance of this policy, the
United States shall--
---------------------------------------------------------------------------
\3\ 22 U.S.C. 5602.
---------------------------------------------------------------------------
(1) promote agreements banning the transfer of
missiles suitable for armament with chemical or
biological warheads;
(2) set as a top priority the early conclusion of a
comprehensive global agreement banning the use,
development, production, and stockpiling of chemical
weapons;
(3) seek and support effective international means of
monitoring and reporting regularly on commerce in
equipment, materials, and technology applicable to the
attainment of a chemical or biological weapons
capability; and
(4) pursue and give full support to multilateral
sanctions pursuant to United Nations Security Council
Resolution 620, which declared the intention of the
Security Council to give immediate consideration to
imposing ``appropriate and effective'' sanctions
against any country which uses chemical weapons in
violation of international law.
(b) Multilateral Controls on Chemical Agents, Precursors, and
Equipment.--It is also the policy of the United States to
strengthen efforts to control chemical agents, precursors, and
equipment by taking all appropriate multilateral diplomatic
measures--
(1) to continue to seek a verifiable global ban on
chemical weapons at the 40 nation Conference on
Disarmament in Geneva;
(2) to support the Australia Group's objective to
support the norms and restraints against the spread and
the use of chemical warfare, to advance the negotiation
of a comprehensive ban on chemical warfare by taking
appropriate measures, and to protect the Australia
Group's domestic industries against inadvertent
association with supply of feedstock chemical equipment
that could be misused to produce chemical weapons;
(3) to implement paragraph (2) by proposing steps
complementary to, and not mutually exclusive of,
existing multilateral efforts seeking a verifiable ban
on chemical weapons, such as the establishment of--
(A) a harmonized list of export control rules
and regulations to prevent relative commercial
advantage and disadvantages accruing to
Australia Group members,
(B) liaison officers to the Australia Group's
coordinating entity from within the diplomatic
missions,
(C) a close working relationship between the
Australia Group and industry,
(D) a public unclassified warning list of
controlled chemical agents, precursors, and
equipment,
(E) information-exchange channels of
suspected proliferants,
(F) a ``denial'' list of firms and
individuals who violate the Australia Group's
export control provisions, and
(G) broader cooperation between the Australia
Group and other countries whose political
commitment to stem the proliferation of
chemical weapons is similar to that of the
Australia Group; and
(4) to adopt the imposition of stricter controls on
the export of chemical agents, precursors, and
equipment and to adopt tougher multilateral sanctions
against firms and individuals who violate these
controls or against countries that use chemical
weapons.
SEC. 304.\4\ UNITED STATES EXPORT CONTROLS.
(a) In General.--The President shall--
---------------------------------------------------------------------------
\4\ 22 U.S.C. 5603.
---------------------------------------------------------------------------
(1) use the authorities of the Arms Export Control
Act to control the export of those defense articles and
defense services, and
(2) use the authorities of the Export Administration
Act of 1979 to control the export of those goods and
technology,
that the President determines would assist the government of
any foreign country in acquiring the capability to develop,
produce, stockpile, deliver, or use chemical or biological
weapons.
(b) \5\ Export Administration Act.-- * * *
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\5\ Subsec. (b) amended sec. 6 of the Export Administration Act of
1979 (50 U.S.C. App. 2405); see Legislation on Foreign Relations
Through 2005, vol. III.
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SEC. 305. SANCTIONS AGAINST CERTAIN FOREIGN PERSONS.
(a) \6\ Amendment to Export Administration Act.-- * * *
---------------------------------------------------------------------------
\6\ Subsec. (a) added a new sec. 11C to the Export Administration
Act of 1979, relating to chemical and biological weapons proliferation
sanctions; see Legislation on Foreign Relations Through 2005, vol. III.
---------------------------------------------------------------------------
(b) \7\ Amendment to Arms Export Control Act.-- * * *
---------------------------------------------------------------------------
\7\ Subsec. (b) added a new chapter 8 to the Arms Export Control
Act; see Legislation on Foreign Relations Through 2005, vol. I-A.
---------------------------------------------------------------------------
SEC. 306.\8\ DETERMINATIONS REGARDING USE OF CHEMICAL OR BIOLOGICAL
WEAPONS.
(a) Determination by the President.--
---------------------------------------------------------------------------
\8\ 22 U.S.C. 5604. Executive Order 12851 of June 11, 1993 (58 F.R.
33181; June 15, 1993) provided for the administration of proliferation
sanctions, Middle East Arms Control, and related Congressional
reporting requirements, including the following:
``Section 1. Chemical and Biological Weapons Proliferation and Use
Sanctions. * * *
``(b) Chemical and Biological Weapons Use. The authority and duties
vested in me by sections 306-308 of the Chemical and Biological Weapons
Control and Warfare Elimination Act of 1991 (22 U.S.C. 5604-5606) are
delegated to the Secretary of State, except that:
---------------------------------------------------------------------------
``(1) The authority and duties vested in me to restrict certain imports
as provided in section 307(b)(2)(D), pursuant to a determination made by
the Secretary of State under section 307(b)(1), are delegated to the
Secretary of the Treasury.
``(2) The Secretary of State shall issue, transmit to the Congress, and
notify the Secretary of the Treasury of, as appropriate, waivers based upon
findings made pursuant to section 307(d)(1)(ii).
``(3) The authority and duties vested in me to prohibit certain exports
as provided in section 307(a)(5) and section 307(b)(2)(C), pursuant to a
determination made by the Secretary of State under section 306(a)(1) and
section 307(b)(1), are delegated to the Secretary of Commerce.
---------------------------------------------------------------------------
``(c) Coordination Among Agencies. The Secretaries designated in
this section shall exercise all functions delegated to them by this
section in consultation with the Secretary of State, the Secretary of
Defense, the Secretary of the Treasury, the Secretary of Commerce, the
Director of the Arms Control and Disarmament Agency, and other
departments and agencies as appropriate, utilizing the appropriate
interagency groups prior to any determination to exercise the
prohibition authority delegated hereby.''.
---------------------------------------------------------------------------
(1) When determination required; nature of
determination.--Whenever persuasive information becomes
available to the executive branch indicating the
substantial possibility that, on or after the date of
the enactment of this title, the government of a
foreign country has made substantial preparation to use
or has used chemical or biological weapons, the
President shall, within 60 days after the receipt of
such information by the executive branch, determine
whether that government, on or after such date of
enactment, has used chemical or biological weapons in
violation of international law or has used lethal
chemical or biological weapons against its own
nationals. Section 307 applies if the President
determines that that government has so used chemical or
biological weapons.
(2) Matters to be considered.--In making the
determination under paragraph (1), the President shall
consider the following:
(A) All physical and circumstantial evidence
available bearing on the possible use of such
weapons.
(B) All information provided by alleged
victims, witnesses, and independent observers.
(C) The extent of the availability of the
weapons in question to the purported user.
(D) All official and unofficial statements
bearing on the possible use of such weapons.
(E) Whether, and to what extent, the
government in question is willing to honor a
request from the Secretary General of the
United Nations to grant timely access to a
United Nations fact-finding team to investigate
the possibility of chemical or biological
weapons use or to grant such access to other
legitimate outside parties.
(3) Determination to be reported to congress.--Upon
making a determination under paragraph (1), the
President shall promptly report that determination to
the Congress. If the determination is that a foreign
government had used chemical or biological weapons as
described in that paragraph, the report shall specify
the sanctions to be imposed pursuant to section 307.
(b) Congressional Requests; Report.--
(1) Request.--The Chairman of the Committee on
Foreign Relations of the Senate (upon consultation with
the ranking minority member of such committee) or the
Chairman of the Committee on Foreign Affairs \9\ of the
House of Representatives (upon consultation with the
ranking minority member of such committee) may at any
time request the President to consider whether a
particular foreign government, on or after the date of
the enactment of this title, has used chemical or
biological weapons in violation of international law or
has used lethal chemical or biological weapons against
its own nationals.
---------------------------------------------------------------------------
\9\ 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) Report to congress.--Not later than 60 days after
receiving such a request, the President shall provide
to the Chairman of the Committee on Foreign Relations
of the Senate and the Chairman of the Committee on
Foreign Affairs \9\ of the House of Representatives a
written report on the information held by the executive
branch which is pertinent to the issue of whether the
specified government, on or after the date of the
enactment of this title, has used chemical or
biological weapons in violation of international law or
has used lethal chemical or biological weapons against
its own nationals. This report shall contain an
analysis of each of the items enumerated in subsection
(a)(2).
SEC. 307.\8\,}\10\ SANCTIONS AGAINST USE OF CHEMICAL OR
BIOLOGICAL WEAPONS.
(a) Initial Sanctions.--If, at any time, the President makes
a determination pursuant to section 306(a)(1) with respect to
the government of a foreign country, the President shall
forthwith impose the following sanctions:
---------------------------------------------------------------------------
\10\ 22 U.S.C. 5605.
---------------------------------------------------------------------------
(1) Foreign assistance.--The United States Government
shall terminate assistance to that country under the
Foreign Assistance Act of 1961, except for urgent
humanitarian assistance and food or other agricultural
commodities or products.
(2) Arms sales.--The United States Government shall
terminate--
(A) sales to that country under the Arms
Export Control Act of any defense articles,
defense services, or design and construction
services, and
(B) licenses for the export to that country
of any item on the United States Munitions
List.
(3) Arms sales financing.--The United States
Government shall terminate all foreign military
financing for that country under the Arms Export
Control Act.
(4) Denial of united states government credit or
other financial assistance.--The United States
Government shall deny to that country any credit,
credit guarantees, or other financial assistance by any
department, agency, or instrumentality of the United
States Government, including the Export-Import Bank of
the United States.
(5) Exports of national security-sensitive goods and
technology.--The authorities of section 6 of the Export
Administration Act of 1979 (50 U.S.C. 2405) shall be
used to prohibit the export to that country of any
goods or technology on that part of the control list
established under section 5(c)(1) of that Act (22
U.S.C. 2404(c)(1)).
(b) Additional Sanctions if Certain Conditions Not Met.--
(1) Presidential determination.--Unless, within 3
months after making a determination pursuant to section
306(a)(1) with respect to a foreign government, the
President determines and certifies in writing to the
Congress that--
(A) that government is no longer using
chemical or biological weapons in violation of
international law or using lethal chemical or
biological weapons against its own nationals,
(B) that government has provided reliable
assurances that it will not in the future
engage in any such activities, and
(C) that government is willing to allow on-
site inspections by United Nations observers or
other internationally recognized, impartial
observers, or other reliable means exist, to
ensure that that government is not using
chemical or biological weapons in violation of
international law and is not using lethal
chemical or biological weapons against its own
nationals,
then the President, after consultation with the
Congress, shall impose on that country the sanctions
set forth in at least 3 of subparagraphs (A) through
(F) of paragraph (2).
(2) Sanctions.--The sanctions referred to in
paragraph (1) are the following:
(A) Multilateral development bank
assistance.--The United States Government shall
oppose, in accordance with section 701 of the
International Financial Institutions Act (22
U.S.C. 262d), the extension of any loan or
financial or technical assistance to that
country by international financial
institutions.
(B) Bank loans.--The United States Government
shall prohibit any United States bank from
making any loan or providing any credit to the
government of that country, except for loans or
credits for the purpose of purchasing food or
other agricultural commodities or products.
(C) Further export restrictions.--The
authorities of section 6 of the Export
Administration Act of 1979 shall be used to
prohibit exports to that country of all other
goods and technology (excluding food and other
agricultural commodities and products).
(D) Import restrictions.--Restrictions shall
be imposed on the importation into the United
States of articles (which may include petroleum
or any petroleum product) that are the growth,
product, or manufacture of that country.
(E) Diplomatic relations.--The President
shall use his constitutional authorities to
downgrade or suspend diplomatic relations
between the United States and the government of
that country.
(F) Presidential action regarding aviation.--
(i)(I) The President is authorized to notify
the government of a country with respect to
which the President has made a determination
pursuant to section 306(a)(1) of his intention
to suspend the authority of foreign air
carriers owned or controlled by the government
of that country to engage in foreign air
transportation to or from the United States.
(II) Within 10 days after the date of
notification of a government under subclause
(I), the Secretary of Transportation shall take
all steps necessary to suspend at the earliest
possible date the authority of any foreign air
carrier owned or controlled, directly or
indirectly, by that government to engage in
foreign air transportation to or from the
United States, notwithstanding any agreement
relating to air services.
(ii)(I) The President may direct the
Secretary of State to terminate any air service
agreement between the United States and a
country with respect to which the President has
made a determination pursuant to section
306(a)(1), in accordance with the provisions of
that agreement.
(II) Upon termination of an agreement under
this clause, the Secretary of Transportation
shall take such steps as may be necessary to
revoke at the earliest possible date the right
of any foreign air carrier owned, or
controlled, directly or indirectly, by the
government of that country to engage in foreign
air transportation to or from the United
States.
(iii) The Secretary of Transportation may
provide for such exceptions from clauses (i)
and (ii) as the Secretary considers necessary
to provide for emergencies in which the safety
of an aircraft or its crew or passengers is
threatened.
(iv) For purposes of this subparagraph, the
terms ``air transportation'', ``air carrier'',
``foreign air carrier'', and ``foreign air
transportation'' have the meanings such terms
have under section 101 of the Federal Aviation
Act of 1958 (49 U.S.C. App. 1301).
(c) Removal of Sanctions.--The President shall remove the
sanctions imposed with respect to a country pursuant to this
section if the President determines and so certifies to the
Congress, after the end of the 12-month period beginning on the
date on which sanctions were initially imposed on that country
pursuant to subsection (a), that--
(1) the government of that country has provided
reliable assurances that it will not use chemical or
biological weapons in violation of international law
and will not use lethal chemical or biological weapons
against its own nationals;
(2) that government is not making preparations to use
chemical or biological weapons in violation of
international law or to use lethal chemical or
biological weapons against its own nationals;
(3) that government is willing to allow on-site
inspections by United Nations observers or other
internationally recognized, impartial observers to
verify that it is not making preparations to use
chemical or biological weapons in violation of
international law or to use lethal chemical or
biological weapons against its own nationals, or other
reliable means exist to verify that it is not making
such preparations; and
(4) that government is making restitution to those
affected by any use of chemical or biological weapons
in violation of international law or by any use of
lethal chemical or biological weapons against its own
nationals.
(d) Waiver.--
(1) Criteria for waiver.--The President may waive the
application of any sanction imposed with respect to a
country pursuant to this section--
(A) if--
(i) in the case of any sanction other
than a sanction specified in subsection
(b)(2)(D) (relating to import
restrictions) or (b)(2)(E) (relating to
the downgrading or suspension of
diplomatic relations), the President
determines and certifies to the
Congress that such waiver is essential
to the national security interests of
the United States, and if the President
notifies the Committee on Foreign
Relations of the Senate and the
Committee on Foreign Affairs \10\ of
the House of Representatives of his
determination and certification at
least 15 days before the waiver takes
effect, in accordance with the
procedures applicable to reprogramming
notifications under section 634A of the
Foreign Assistance Act of 1961, or
(ii) in the case of any sanction
specified in subsection (b)(2)(D)
(relating to import restrictions), the
President determines and certifies to
the Congress that such waiver is
essential to the national security
interest of the United States, and if
the President notifies the Committee on
Finance of the Senate and the Committee
on Ways and Means of the House of
Representatives of his determination
and certification at least 15 days
before the waiver takes effect; or
(B) if the President determines and certifies
to the Congress that there has been a
fundamental change in the leadership and
policies of the government of that country, and
if the President notifies the Congress at least
20 days before the waiver takes effect.
(2) Report.--In the event that the President decides
to exercise the waiver authority provided in paragraph
(1) with respect to a country, the President's
notification to the Congress under such paragraph shall
include a report fully articulating the rationale and
circumstances which led the President to exercise that
waiver authority, including a description of the steps
which the government of that country has taken to
satisfy the conditions set forth in paragraphs (1)
through (4) of subsection (c).
(e) Contract Sanctity.--
(1) Sanctions not applied to existing contracts.--(A)
A sanction described in paragraph (4) or (5) of
subsection (a) or in any of subparagraphs (A) through
(D) of subsection (b)(2) shall not apply to any
activity pursuant to any contract or international
agreement entered into before the date of the
presidential determination under section 306(a)(1)
unless the President determines, on a case-by-case
basis, that to apply such sanction to that activity
would prevent the performance of a contract or
agreement that would have the effect of assisting a
country in using chemical or biological weapons in
violation of international law or in using lethal
chemical or biological weapons against its own
nationals.
(B) The same restrictions of subsection (p) of
section 6 of the Export Administration Act of 1979 (50
U.S.C. App. 2405), as that subsection is so
redesignated by section 304(b) of this title, which are
applicable to exports prohibited under section 6 of
that Act shall apply to exports prohibited under
subsection (a)(5) or (b)(2)(C) of this section. For
purposes of this subparagraph, any contract or
agreement the performance of which (as determined by
the President) would have the effect of assisting a
foreign government in using chemical or biological
weapons in violation of international law or in using
lethal chemical or biological weapons against its own
nationals shall be treated as constituting a breach of
the peace that poses a serious and direct threat to the
strategic interest of the United States, within the
meaning of subparagraph (A) of section 6(p) of that
Act.
(2) Sanctions applied to existing contracts.--The
sanctions described in paragraphs (1), (2), and (3) of
subsection (a) shall apply to contracts, agreements,
and licenses without regard to the date the contract or
agreement was entered into or the license was issued
(as the case may be), except that such sanctions shall
not apply to any contract or agreement entered into or
license issued before the date of the presidential
determination under section 306(a)(1) if the President
determines that the application of such sanction would
be detrimental to the national security interests of
the United States.
SEC. 308. * * * [REPEALED--2002] \11\
SEC. 309. REPEAL OF DUPLICATIVE PROVISIONS.
(a) Repeal.--Title V of the Foreign Relations Authorization
Act, Fiscal Years 1992 and 1993 (Public Law 102-138), and the
amendments made by that title, are repealed.
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\11\ Formerly at 22 U.S.C. 5606. Sec. 1308(g)(1)(B) of the Foreign
Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228; 116
Stat. 1441) repealed sec. 308, which read as follows:
---------------------------------------------------------------------------
``sec. 308. presidential reporting requirements.
---------------------------------------------------------------------------
``(a) Reports to Congress.--Not later than 90 days after the date
of the enactment of this title, and every 12 months thereafter, the
President shall transmit to the Congress a report which shall include--
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``(1) a description of the actions taken to carry out this title,
including the amendments made by this title;
``(2) a description of the current efforts of foreign countries and
subnational groups to acquire equipment, materials, or technology to
develop, produce, or use chemical or biological weapons, together with an
assessment of the current and likely future capabilities of such countries
and groups to develop, produce, stockpile, deliver, transfer, or use such
weapons;
``(3) a description of--
``(A) the use of chemical weapons by foreign countries in violation of
international law,
``(B) the use of chemical weapons by subnational groups,
``(C) substantial preparations by foreign countries and subnational
groups to do so, and
``(D) the development, production, stockpiling, or use of biological
weapons by foreign countries and subnational groups; and
``(4) a description of the extent to which foreign persons or governments
have knowingly and materially assisted third countries or subnational
groups to acquire equipment, material, or technology intended to develop,
produce, or use chemical or biological weapons.
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``(b) Protection of Classified Information.--To the extent
practicable, reports submitted under subsection (a) or any other
provision of this title should be based on unclassified information.
Portions of such reports may be classified.''.
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(b) References to Date of Enactment.--The reference--
(1) in section 11C(a)(1) of the Export Administration
Act of 1979, as added by section 305(a) of this Act, to
the ``date of the enactment of this section'',
(2) in section 81(a)(1) of the Arms Export Control
Act, as added by section 305(b) of this Act, to the
``date of the enactment of this section'', and
(3) in section 306(a)(1) of this Act to the ``date of
the enactment of this title'', shall be deemed to refer
to the date of the enactment of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (Public
Law 102-138).\12\
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\12\ Enacted October 28, 1991.
v. Executive Orders Concerning Nonproliferation of Weapons of Mass
Destruction
(1) Renunciation of Certain Uses in War of Chemical Herbicides and Riot
Control Agents \1\
Executive Order 11850, April 8, 1975, 40 F.R. 16187, 50 U.S.C. 1511
note
The United States renounces, as a matter of national
policy, first use of herbicides in war except use, under
regulations applicable to their domestic use, for control of
vegetation within U.S. bases and installations or around their
immediate defensive perimeters, and first use of riot control
agents in war except in defensive military modes to save lives
such as:
---------------------------------------------------------------------------
\1\ See also texts of the Geneva Protocol of 1925 and the
Biological Weapons Convention, Legislation on Foreign Relations Through
2005, vol. V, sec. F.
---------------------------------------------------------------------------
(a) Use of riot control agents in riot control
situations in areas under direct and distinct U.S.
military control, to include controlling rioting
prisoners of war.
(b) Use of riot control agents in situations in which
civilians are used to mask or screen attacks and
civilian casualties can be reduced or avoided.
(c) Use of riot control agents in rescue missions in
remotely isolated areas, of downed aircrews and
passengers, and escaping prisoners.
(d) Use of riot control agents in rear echelon areas
outside the zone of immediate combat to protect convoys
from civil disturbances, terrorists and paramilitary
organizations.
I have determined that the provisions and procedures
prescribed by this Order are necessary to ensure proper
implementation and observance of such national policy.
Now, Therefore, by virtue of the authority vested in me as
President of the United States of America by the Constitution
and laws of the United States and as Commander-in-Chief of the
Armed Forces of the United States, it is hereby ordered as
follows:
Section 1. The Secretary of Defense shall take all
necessary measures to ensure that the use by the Armed Forces
of the United States of any riot control agents and chemical
herbicides in war is prohibited unless such use has
Presidential approval, in advance.
Sec. 2. The Secretary of Defense shall prescribe the rules
and regulations he deems necessary to ensure that the national
policy herein announced shall be observed by the Armed Forces
of the United States.
Note.--Former Executive Order 11902 regarding
Procedures for an Export Licensing Policy as to Nuclear
Materials and Equipment was repealed by Executive Order
12058.
(2) Administration of Proliferation Sanctions, Middle East Arms
Control, and Related Congressional Reporting Responsibilities
Executive Order 12851, June 11, 1993, 58 F.R. 33181, 22 U.S.C. 2797
note
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including section 301 of title 3, United States Code; sections
1701-1703 of the National Defense Authorization Act for Fiscal
Year 1991, Public Law 101-510 (50 U.S.C. App. 2402 note, 2405,
2410b; 22 U.S.C. 2797-2797c); sections 303, 324, and 401-405 of
the Foreign Relations Authorization Act, Fiscal Years 1992 and
1993, Public Law 102-138; sections 305-308 of the Chemical and
Biological Weapons Control and Warfare Elimination Act of 1991,
Public Law 102-182 (50 U.S.C. App. 2410c; 22 U.S.C. 2798, 5604-
5606); sections 241 and 1097 of the National Defense
Authorization Act for Fiscal Years 1992 and 1993, Public Law
102-190; and section 1364 of the National Defense Authorization
Act for Fiscal Year 1993, Public Law 102-484, I hereby order as
follows:
Section 1. Chemical and Biological Weapons Proliferation
and Use Sanctions. (a) Chemical and Biological Weapons
Proliferation. The authority and duties vested in me by section
81 of the Arms Export Control Act, as amended (``AECA'') (22
U.S.C. 2798), and section 11C of the Export Administration Act
of 1979, as amended (``EAA'') (50 U.S.C. App. 2410c), are
delegated to the Secretary of State, except that:
(1) The authority and duties vested in me to deny
certain United States Government contracts, as provided
in section 81(c)(1)(A) of the AECA and section
11C(c)(1)(A) of the EAA, pursuant to a determination
made by the Secretary of State under section 81(a)(1)
of the AECA or section 11C(a)(1) of the EAA, as well as
the authority and duties vested in me to make the
determinations provided for in section 81(c)(2) of the
AECA and section 11C(c)(2) of the EAA are delegated to
the Secretary of Defense. The Secretary of Defense
shall notify the Secretary of the Treasury of
determinations made pursuant to section 81(c)(2) of the
AECA and section 11(c)(2) of the EAA).
(2) The authority and duties vested in me to prohibit
certain imports as provided in section 81(c)(1)(B) of
the AECA and section 11C(c)(1)(B) of the EAA, pursuant
to a determination made by the Secretary of State under
section 81(a)(1) of the AECA or section 11C(a)(1) of
the EAA, and the obligation to implement the exceptions
provided in section 81(c)(2) of the AECA and section
11C(c)(2) of the EAA, insofar as the exceptions affect
imports of goods into the United States, are delegated
to the Secretary of the Treasury.
(b) Chemical and Biological Weapons Use. The authority and
duties vested in me by sections 306-308 of the Chemical and
Biological Weapons Control and Warfare Elimination Act of 1991
(22 U.S.C. 5604-5606) are delegated to the Secretary of State,
except that:
(1) The authority and duties vested in me to restrict
certain imports as provided in section 307(b)(2)(D),
pursuant to a determination made by the Secretary of
States under section 307(b)(1), are delegated to the
Secretary of the Treasury.
(2) The Secretary of State shall issue, transmit to
the Congress, and notify the Secretary of the Treasury
of, as appropriate, waivers based upon findings made
pursuant to section 307(d)(1)(A)(ii).
(3) The authority and duties vested in me to prohibit
certain exports as provided in section 307(a)(5) and
section 307(b)(2)(C), pursuant to a determination made
by the Secretary of State under section 306(a)(1) and
section 307(b)(1), are delegated to the Secretary of
Commerce.
(c) Coordination Among Agencies. The Secretaries designated
in this section shall exercise all functions delegated to them
by this section in consultation with the Secretary of State,
the Secretary of Defense, the Secretary of the Treasury, the
Secretary of Commerce, the Director of the Arms Control and
Disarmament Agency, and other departments and agencies as
appropriate, utilizing the appropriate interagency groups prior
to any determination to exercise the prohibition authority
delegated hereby.
Sec. 2. Missile Proliferation Sanctions. (a) Arms Export
Control Act. The authority and duties vested in me by sections
72-73 of the AECA (22 U.S.C. 2797a-2797b) are delegated to the
Secretary of State, except that:
(1) The authority and duties vested in me by section
72(a)(1) to make determinations with respect to
violations by United States persons of the EAA are
delegated to the Secretary of Commerce.
(2) The authority and duties vested in me to deny
certain United States Government contracts as provided
in sections 73(a)(2)(A)(i) and 73(a)(2)(B)(i), pursuant
to a determination made by the Secretary of State under
section 73(a)(1), as well as the authority and duties
vested in me to make the finding provided in sections
72(c), 73(f), and 73(g)(1), are delegated to the
Secretary of Defense. The Secretary of State shall
issue, transmit to the Congress, and notify the
Secretary of the Treasury of, as appropriate, any
waivers based upon findings made pursuant to sections
72(c) and 73(f).
(3) The authority and duties vested in me to prohibit
certain imports as provided in section 73(a)(2)(C),
pursuant to a determination made by the Secretary of
State under that section, and the obligation to
implement the exceptions provided in section 73(g), are
delegated to the Secretary of the Treasury.
(b) Export Administration Act. The authority and duties
vested in me by section 11B of the EAA (50 U.S.C. App. 2410b)
are delegated to the Secretary of Commerce, except that:
(1) The authority and duties vested in me by sections
11B(a)(1)(A) (insofar as such section authorizes
determinations with respect to violations by United
States persons of the AECA), 11B(b)(1) (insofar as such
section authorizes determinations regarding activities
by foreign persons), and 11B(b)(5) are delegated to the
Secretary of State.
(2) The authority and duties vested in me to make the
findings provided in sections 11B(a)(3), 11B(b)(6), and
11B(b)(7)(A) are delegated to the Secretary of Defense.
The Secretary of Commerce shall issue, transmit to the
Congress, and notify the Secretary of the Treasury of,
as appropriate, waivers based upon findings made
pursuant to section 11B(a)(3). The Secretary of State
shall issue, transmit to the Congress, and notify the
Secretary of the Treasury of, as appropriate, waivers
based upon findings made pursuant to section 11B(b)(6).
(3) The authority and duties vested in me to prohibit
certain imports as provided in section 11B(b)(1),
pursuant to a determination by the Secretary of State
under that section, and the obligation to implement the
exceptions provided in section 11B(b)(7), are delegated
to the Secretary of the Treasury.
(c) Reporting Requirements. The authority and duties vested
in me to make certain reports to the Congress as provided in
section 1097 of the National Defense Authorization Act for
Fiscal Years 1992 and 1993 and section 1364 of the National
Defense Authorization Act for Fiscal Year 1993 are delegated to
the Secretary of State.
(d) Coordination Among Agencies. The Secretaries designated
in this section shall exercise all functions delegated to them
by this section in consultation with the Secretary of State,
the Secretary of Defense, the Secretary of the Treasury, the
Secretary of Commerce, the Director of the Arms Control and
Disarmament Agency, and other departments and agencies as
appropriate, utilizing the appropriate interagency groups prior
to any determination to exercise the prohibition authority
delegated hereby.
Sec. 3. Arms Control in the Middle East. The certification
and reporting functions vested in me by sections 403 and 404 of
the Foreign Relations Authorization Act, Fiscal Years 1992 and
1993, are delegated to the Secretary of State. The Secretary of
State shall exercise these functions in consultation with the
Secretary of Defense and other agencies as appropriate.
Sec. 4. China and Weapons Proliferation. The reporting
functions regarding China and weapons proliferation vested in
me by sections 303(a)(2) and 324 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993, are delegated to
the Secretary of State. The Secretary of State shall exercise
these functions in consultation with the Secretary of Defense
and other agencies as appropriate.
Sec. 5. Arrow Tactical Anti-Missile Program. The authority
and duties vested in me to make certain certifications as
provided by section 241(b)(3)(C) of the National Defense
Authorization Act for Fiscal Years 1992 and 1993 are delegated
to the Secretary of State.
Sec. 6. Delegations.\1\ The functions delegated herein may
be redelegated as appropriate. Regulations necessary to carry
out the functions delegated herein may be issued as
appropriate.
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\1\ Invoking his powers pursuant to the International Emergency
Economic Powers Act, the President issued Executive Order 13222 (66
F.R. 44025; August 22, 2001) on August 17, 2001, in response to the
imminent expiration of the Export Administration Act of 1979 on August
20, 2001. In Executive Order 13222, the President ordered that the
provisions of the Act and its administration, and all regulations
issued to carry out the provisions of the Act, should continue in full
force and effect to the extent permitted by law. Executive Order 13222
incorporated the delegations of authority in Executive Order 12851,
among others, into Executive Order 13222, and applied such delegations
to the exercise of authority under Executive Order 13222.
---------------------------------------------------------------------------
Sec. 7. Priority. This order supercedes the Memorandum of
the President, ``Delegation of Authority Regarding Missile
Technology Proliferation,'' June 25, 1991. To the extent that
this order is inconsistent with any provisions of any prior
Executive order or Presidential memorandum, this order shall
control.
(3) Proliferation of Weapons of Mass Destruction
Executive Order 12938, November 14, 1994, 59 F.R. 59099, 50 U.S.C. 1701
note; as amended by Executive Order 13094, July 28, 1998, 63 F.R.
40803; Executive Order 13128, June 25, 1999, 64 F.R. 34701; and
Executive Order 13382, June 28, 2005, 70 F.R. 38567
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C.
1601 et seq.), the Arms Export Control Act, as amended (22
U.S.C. 2751 et seq.), Executive Orders Nos. 12851 and 12924,
and section 301 of title 3, United States Code,
I, WILLIAM J. CLINTON, President of the United States of
America, find that the proliferation of nuclear, biological,
and chemical weapons (``weapons of mass destruction'') and of
the means of delivering such weapons, constitutes an unusual
and extraordinary threat to the national security, foreign
policy, and economy of the United States, and hereby declare a
national emergency to deal with that threat.\1\
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\1\ The President continued this national emergency in a notice of
November 8, 1995 (60 F.R. 57137; November 13, 1995); a notice of
November 12, 1996 (61 F.R. 58309; November 13, 1996); a notice of
November 12, 1997 (62 F.R. 60993; November 13, 1997); a notice of
November 12, 1998 (63 F.R. 63589; November 13, 1998); a notice of
November 10, 1999 (64 F.R. 61767; November 12, 1999); a notice of
November 9, 2000 (65 F.R. 68063; November 13, 2000); a notice of
November 9, 2001 (66 F.R. 56965; November 13, 2001); a notice of
November 6, 2002 (67 F.R. 68493; November 12, 2002); a notice of
October 29, 2003 (68 F.R. 62209; October 31, 2003); a notice of
November 4, 2004 (69 F.R. 64637; November 8, 2004); a notice of October
25, 2005 (70 F.R. 62027; October 27, 2005); a notice of October 27,
2006 (71 F.R. 64109; October 31, 2006); a notice of November 8, 2007
(72 F.R. 63963; November 13, 2007); and a notice of November 10, 2008
(73 F.R. 67097; November 12, 2008).
Consistent with sec. 204(c) of the International Emergency Economic
Powers Act (Public Law 95-223; 91 Stat. 1627; 50 U.S.C. 1703(c)) and
sec. 401(c) of the National Emergencies Act (Public Law 94-412; 90
Stat. 1257; 50 U.S.C. 1641(c)), the President presents a semi-annual
report to Congress concerning this national emergency. In sec. 1(a)(14)
of Executive Order 13313 of July 31, 2003 (68 F.R. 46073; August 5,
2003), the President assigned this reporting duty to the Secretary of
State.
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Accordingly, I hereby order:
Section 1. International Negotiations. It is the policy of
the United States to lead and seek multilaterally coordinated
efforts with other countries to control the proliferation of
weapons of mass destruction and the means of delivering such
weapons. Accordingly, the Secretary of State shall cooperate in
and lead multilateral efforts to stop the proliferation of
weapons of mass destruction and their means of delivery.
Sec. 2. Imposition of Controls. As provided herein, the
Secretary of State and the Secretary of Commerce shall use
their respective authorities, including the Arms Export Control
Act and the International Emergency Economic Powers Act, to
control any exports, to the extent they are not already
controlled by the Department of Energy and the Nuclear
Regulatory Commission, that either Secretary determines would
assist a country in acquiring the capability to develop,
produce, stockpile, deliver, or use weapons of mass destruction
or their means of delivery. The Secretary of State shall pursue
early negotiations with foreign governments to adopt effective
measures comparable to those imposed under this order.
Sec. 3. Department of Commerce Controls. (a) The Secretary
of Commerce shall prohibit the export of any goods, technology,
or services subject to the Secretary's export jurisdiction that
the Secretary of Commerce determines, in consultation with the
Secretary of State, the Secretary of Defense, and other
appropriate officials, would assist a foreign country in
acquiring the capability to develop, produce, stockpile,
deliver, or use weapons of mass destruction or their means of
delivery. The Secretary of State shall pursue early
negotiations with foreign governments to adopt effective
measures comparable to those imposed under this section.
(b) Subsection (a) of this section will not apply to
exports relating to a particular category of weapons of mass
destruction (i.e., nuclear, chemical, or biological weapons) if
their destination is a country with whose government the United
States has entered into a bilateral or multilateral arrangement
for the control of that category of weapons of mass
destruction-related goods (including delivery systems) and
technology, or maintains domestic export controls comparable to
controls that are imposed by the United States with respect to
that category of goods and technology, or that are otherwise
deemed adequate by the Secretary of State.
(c) The Secretary of Commerce shall require validated
licenses to implement this order and shall coordinate any
license applications with the Secretary of State and the
Secretary of Defense.
(d) The Secretary of Commerce, in consultation with the
Secretary of State, shall take such actions, including the
promulgation of rules, regulations, and amendments thereto, as
may be necessary to continue to regulate the activities of
United States persons in order to prevent their participation
in activities that could contribute to the proliferation of
weapons of mass destruction or their means of delivery, as
provided in the Export Administration Regulations, set forth in
Title 15, Chapter VII, Subchapter C, of the Code of Federal
Regulations, Parts 768 to 799 inclusive.
(e) \2\ The Secretary of Commerce shall impose and enforce
such restrictions on the importation of chemicals into the
United States as may be necessary to carry out the requirements
of the Convention on the Prohibition of the Development,
Production, Stockpiling and Use of Chemical Weapons and on
Their Destruction.
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\2\ Sec. 8 of Executive Order 13128 (64 F.R. 34704; June 28, 1999)
added subsec. (e).
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Sec. 4.\3\ Measures Against Foreign Persons.
---------------------------------------------------------------------------
\3\ Sec. 1(a) of Executive Order 13094 (63 F.R. 40803; July 30,
1998) amended and restated sec. 4. It previously read as follows:
``Sec. 4. Sanctions Against Foreign Persons. (a) In addition to the
sanctions imposed on foreign persons as provided in the National
Defense Authorization Act for Fiscal Year 1991 and the Chemical and
Biological Weapons Control and Warfare Elimination Act of 1991,
sanctions also shall be imposed on a foreign person with respect to
chemical and biological weapons proliferation if the Secretary of State
determines that the foreign person on or after the effective date of
this order or its predecessor, Executive Order No. 12735 of November
16, 1990, knowingly and materially contributed to the efforts of any
foreign country, project, or entity to use, develop, produce,
stockpile, or otherwise acquire chemical or biological weapons.
``(b) No department or agency of the United States Government may
procure, or enter into any contract for the procurement of, any goods
or services from any foreign person described in subsection (a) of this
section. The Secretary of the Treasury shall prohibit the importation
into the United States of products produced by that foreign person.
``(c) Sanctions pursuant to this section may be terminated or not
imposed against foreign persons if the Secretary of States determines
that there is reliable evidence that the foreign person concerned has
ceased all activities referred to in subsection (a).
``(d) The Secretary of State and the Secretary of the Treasury may
provide appropriate exemptions for procurement contracts necessary to
meet U.S. operational military requirements or requirements under
defense production agreements, sole source suppliers, spare parts,
components, routine servicing and maintenance of products, and medical
and humanitarian items. They may provide exemptions for contracts in
existence on the date of this order under appropriate circumstances.''.
Sec. 4 of Executive Order 13382 (70 F.R. 38567; July 1, 2005)
subsequently amended and restated the catchline of sec. 4 and the text
of sec. 4(a). It previously read as follows:
``Sec. 4. Measures Against Foreign Persons.
``(a) Determination by Secretary of State; Imposition of Measures.
Except to the extent provided in section 203(b) of the International
Emergency Economic Powers Act (50 U.S.C. 1702(b)), where applicable, if
the Secretary of State determines that a foreign person, on or after
November 16, 1990, the effective date of executive Order 12735, the
predecessor order to Executive Order 12938, has materially contributed
or attempted to contribute materially to the efforts of any foreign
country, project, or entity of proliferation concern to use, acquire,
design, develop, produce, or stockpile weapons of mass destruction or
missiles capable of delivering such weapons, the measures set forth in
subsections (b), (c), and (d) of this section shall be imposed on that
foreign person to the extent determined by the Secretary of State in
consultation with the implementing agency and other relevant agencies.
Nothing in this section is intended to preclude the imposition on that
foreign person of other measures or sanctions available under this
order or under other authorities.''.
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(a) \3\ Determination by Secretary of State; Imposition of
Measures. Except to the extent provided in section 203(b) of
the International Emergency Economic Powers Act (50 U.S.C.
1702(b)), where applicable, if the Secretary of State, in
consultation with the Secretary of the Treasury, determines
that a foreign person, on or after November 16, 1990, the
effective date of Executive Order 12735, the predecessor order
to Executive Order 12938, has 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 any efforts to manufacture, acquire,
possess, develop, transport, transfer, or use such items, by
any person or foreign country of proliferation concern, the
measures set forth in subsections (b), (c), and (d) of this
section shall be imposed on that foreign person to the extent
determined by the Secretary of State, in consultation with the
implementing agency and other relevant agencies. Nothing in
this section is intended to preclude the imposition on that
foreign person of other measures or sanctions available under
this order or under other authorities.
(b) Procurement Ban. No department or agency of the United
States Government may procure, or enter into any contract for
the procurement of, any goods, technology, or services from any
foreign person described in subsection (a) of this section.
(c) Assistance Ban. No department or agency of the United
States Government may provide any assistance to any foreign
person described in subsection (a) of this section, and no such
foreign person shall be eligible to participate in any
assistance program of the United States Government.
(d) Import Ban. The Secretary of the Treasury shall
prohibit the importation into the United States of goods,
technology, or services produced or provided by any foreign
person described in subsection (a) of this section, other than
information or informational materials within the meaning of
section 203(b)(3) of the International Emergency Economic
Powers Act (50 U.S.C. 1702(b)(3)).
(e) Termination. Measures pursuant to this section may be
terminated against a foreign person if the Secretary of State
determines that there is reliable evidence that such foreign
person has ceased all activities referred to in subsection (a)
of this section.
(f) Exceptions. Departments and agencies of the United
States Government, acting in consultation with the Secretary of
State, may, by license, regulation, order, directive,
exception, or otherwise, provide for:
(i) Procurement contracts necessary to meet U.S.
operational military requirements of requirements under
defense production agreements; intelligence
requirements; sole source suppliers, spare parts,
components, routine servicing and maintenance of
products for the United States Government; and medical
and humanitarian items; and
(ii) Performance pursuant to contracts in force on
the effective date of this order under appropriate
circumstances.
Sec. 5. Sanctions Against Foreign Countries. (a) In
addition to the sanctions imposed on foreign countries as
provided in the Chemical and Biological Weapons Control and
Warfare Elimination Act of 1991, sanctions also shall be
imposed on a foreign country as specified in subsection (b) of
this section, if the Secretary of State determines that the
foreign country has, on or after the effective date of this
order or its predecessor, Executive Order No. 12735 of November
16, 1990, (1) used chemical or biological weapons in violation
of international law; (2) made substantial preparations to use
chemical or biological weapons in violation of international
law; or (3) developed, produced, stockpiled, or otherwise
acquired chemical or biological weapons in violation of
international law.
(b) The following sanctions shall be imposed on any foreign
country identified in subsection (a)(1) of this section unless
the Secretary of State determines, on grounds of significant
foreign policy or national security, that any individual
sanction should not be applied. The sanctions specified in this
section may be made applicable to the countries identified in
subsections (a)(2) or (a)(3) when the Secretary of State
determines that such action will further the objectives of this
order pertaining to proliferation. The sanctions specified in
subsection (b)(2) below shall be imposed with the concurrence
of the Secretary of the Treasury.
(1) Foreign Assistance. No assistance shall be
provided to that country under the Foreign Assistance
Act of 1961, or any successor act, or the Arms Export
Control Act, other than assistance that is intended to
benefit the people of that country directly and that is
not channeled through governmental agencies or entities
of that country.
(2) Multilateral Development Bank Assistance. The
United States shall oppose any loan or financial or
technical assistance to that country by international
financial institutions in accordance with section 701
of the International Financial Institutions Act (22
U.S.C. 262d).
(3) Denial of Credit or Other Financial Assistance.
The United States shall deny to that country any credit
or financial assistance by any department, agency, or
instrumentality of the United States Government.
(4) Prohibition of Arms Sales. The United States
Government shall not, under the Arms Export Control
Act, sell to that country any defense articles or
defense services or issue any license for the export of
items on the United States Munitions List.
(5) Export of National Security-Sensitive Goods and
Technology. No exports shall be permitted of any goods
or technologies controlled for national security
reasons under the Export Administration Regulations.
(6) Further Export Restrictions. The Secretary of
Commerce shall prohibit or otherwise substantially
restrict exports to that country of goods, technology,
and services (excluding agricultural commodities and
products otherwise subject to control).
(7) Import Restrictions. Restrictions shall be
imposed on the importation into the United States of
articles (that may include petroleum or any petroleum
product) that are the growth, product, or manufacture
of that country.
(8) Landing Rights. At the earliest practicable date,
the Secretary of State shall terminate, in a manner
consistent with international law, the authority of any
air carrier that is controlled in fact by the
government of that country to engage in air
transportation (as defined in section 101(10) of the
Federal Aviation Act of 1958 (49 U.S.C. App. 1301(10)).
Sec. 6. Duration. Any sanctions imposed pursuant to
sections 4 or 5 of this order shall remain in force until the
Secretary of State determines that lifting any sanction is in
the foreign policy or national security interests of the United
States or, as to sanctions under section 4 of this order, until
the Secretary has made the determination under section 4(e).\4\
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\4\ Sec. 1(b) of Executive Order 13094 (63 F.R. 40804; July 30,
1998) struck out ``4(c)'' and inserted in lieu thereof ``4(e)''.
---------------------------------------------------------------------------
Sec. 7. Implementation. The Secretary of State, the
Secretary of the Treasury, and the Secretary of Commerce are
hereby authorized and directed to take such actions, including
the promulgation of rules and regulations, as may be necessary
to carry out the purposes of this order. These actions, and in
particular those in sections 4 and 5 of this order, shall be
made in consultation with the Secretary of Defense and, as
appropriate, other agency heads and shall be implemented in
accordance with procedures established pursuant to Executive
Order No. 12851. The Secretary concerned may redelegate any of
these functions to other officers in agencies of the Federal
Government. All heads of departments and agencies of the United
States Government are directed to take all appropriate measures
within their authority to carry out the provisions of this
order, including the suspension or termination of licenses or
other authorizations.
Sec. 8. Preservation of Authorities. Nothing in this order
is intended to affect the continued effectiveness of any rules,
regulations, orders licenses, or other forms of administrative
action issued, taken, or continued in effect heretofore or
hereafter under the authority of the International Emergency
Economic Powers Act, the Export Administration Act, the Arms
Export Control Act, the Nuclear Non-proliferation Act,
Executive Order No. 12730 of September 30, 1990, Executive
Order No. 12735 of November 16, 1990, Executive Order No. 12924
of August 18, 1994, and Executive Order No. 12930 of September
29, 1994.
Sec. 9. Judicial Review. This order is not intended to
create, nor does it create, any right or benefit, substantive
or procedural, enforceable at law by party against the United
States, its agencies, officers, or any other person.
Sec. 10. Revocation of Executive Orders Nos. 12735 and
12930. Executive Orders No. 12735 of November 16, 1990, and
Executive Order No. 12930 of September 29, 1994, are hereby
revoked.
Sec. 11. Effective Date. This order is effective
immediately.
This order shall be transmitted to the Congress and
published in the Federal Register.
(4) Implementation of the Chemical Weapons Convention and the Chemical
Weapons Convention Implementation Act
Executive Order 13128, June 25, 1999, 64 F.R. 34703, 22 U.S.C. 6711
note
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the Chemical Weapons Convention Implementation Act of
1998 (as enacted in Division I of Public Law 105-277) (the
Act), the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C.
1601 et seq.), and section 301 of title 3, United States Code,
and in order to facilitate implementation of the Act, and the
Convention on the Prohibition of the Development, Production,
Stockpiling and Use of Chemical Weapons and on Their
Destruction (the ``Convention''), it is hereby ordered as
follows:
Section 1. The Department of State shall be the United
States National Authority (the ``USNA'') for purposes of the
Act and the Convention.
Sec. 2. The USNA shall coordinate the implementation of the
provisions of the Act and the Convention with an interagency
group consisting of the Secretary of Defense, the Attorney
General, the Secretary of Commerce, the Secretary of Energy,
and the heads of such other agencies or departments, or their
designees, I may consider necessary or advisable.
Sec. 3. The Departments of State and Commerce, and other
agencies as appropriate, each shall issue, amend, or revise
regulations, orders, or directives as necessary to implement
the Act and U.S. obligation under Article VI and related
provisions of the Convention. Regulations under section 401(a)
of the Act shall be issued by the Department of Commerce by a
date specified by the USNA, which shall review and approve
these regulations, in coordination with the interagency group
designated in section 2 of this order, prior to their issuance.
Sec. 4. The Secretary of Commerce is authorized:
(a) to obtain and execute warrants pursuant to
section 305 of the Act for the purposes of conducting
inspections of facilities subject to the regulations
issued by the Department of Commerce pursuant to
section 3 of this order;
(b) to suspend or revoke export privileges pursuant
to section 211 of the Act; and
(c) to carry out all functions with respect to
proceedings under section 501(a) of the Act and to
issue regulations with respect thereto, except for
those functions that the Act specifies are to be
performed by the Secretary of State or the USNA.
Sec. 5. The Departments of State, Defense, Commerce, and
Energy, and other agencies as appropriate, are authorized to
carry out, consistent with the Act and in accordance with
subsequent directives, appropriate functions that are not
otherwise assigned in the Act and are necessary to implement
the provisions of the Convention and the Act.
Sec. 6. The Departments of State, Defense, Commerce, and
Energy, and other agencies, as appropriate, are authorized to
provide assistance to facilities not owned or operated by the
U.S. Government, or contracted for use by or for the U.S.
Government, in meeting reporting requirements and in preparing
the facilities for possible inspection pursuant to the
Convention.
Sec. 7. The USNA, in coordination with the interagency
group designated in section 2 of this order, is authorized to
determine whether the disclosure of confidential business
information pursuant to section 404(c) of the Act is in the
national interest. Disclosure will not be permitted if contrary
to national security or law enforcement needs.
Sec. 8. In order to take additional steps with respect to
the proliferation of weapons of mass destruction and means of
delivering them and the national emergency described and
declared in Executive Order 12938 of November 14, 1994, as
amended by Executive Order 13094 of July 30, 1998, section 3 of
Executive Order 12938, as amended, is amended, to add a new
subsection (e) to read as follows: * * *
Sec. 9. Any investigation emanating from a possible
violation of this order, or of any license, order, or
regulation issued pursuant to this order, involving or
revealing a possible violation of 18 U.S.C. section 229 shall
be referred to the Federal Bureau of Investigation (FBI), which
shall coordinate with the referring agency and other
appropriate agencies. The FBI shall timely notify the referring
agency and other appropriate agencies of any action it takes on
such referrals.
Sec. 10. Nothing in this order shall create and right or
benefit, substantive or procedural, enforceable by any party
against the United States, its agencies or instrumentalities,
its officers or employees, or any other person.
Sec. 11. (a) This order shall take effect at 12:01 a.m.
eastern daylight time, June 26, 1999.
(b) This order shall be transmitted to the Congress and
published in the Federal Register.
(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, June 21, 2000, 65 F.R. 39279, 50 U.S.C. 1701
note
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the International Emergency Economic Powers Act
(IEEPA) (50 U.S.C. 1701 et seq.), the National Emergencies Act
(50 U.S.C. 1601 et seq.), and section 301 of title 3, United
States Code.
I, WILLIAM J. CLINTON, President of the United States of
America, in view of the policies underlying Executive Order
12938 of November 14, 1994, and Executive Order 13085 of May
26, 1998, find that the risk of nuclear proliferation created
by the accumulation of a large volume of weapons-usable fissile
material in the territory of the Russian Federation constitutes
an unusual and extraordinary threat to the national security
and foreign policy of the United States, and hereby declare a
national emergency to deal with that threat.\1\
---------------------------------------------------------------------------
\1\ The President continued this national emergency in a notice of
June 11, 2001 (66 F.R. 32207; June 14, 2001); a notice of June 18, 2002
(67 F.R. 42181; June 20, 2002); a notice of June 10, 2003 (68 F.R.
35149; June 12, 2003); a notice of June 16, 2004 (69 F.R. 34047; June
18, 2004); a notice of June 17, 2005 (70 F.R. 35507; June 20, 2005); a
notice of June 19, 2006 (71 F.R. 35489; June 20, 2006); a notice of
June 19, 2007 (72 F.R. 34159; June 20, 2007); and a notice of June 18,
2008 (73 F.R. 35335; June 20, 2008).
Consistent with sec. 204(c) of the International Emergency Economic
Powers Act (Public Law 95-223; 91 Stat. 1627; 50 U.S.C. 1703(c)) and
sec. 401(c) of the National Emergencies Act (Public Law 94-412; 90
Stat. 1257; 50 U.S.C. 1641(c)), the President presents a semi-annual
report to Congress concerning this national emergency. In sec. 1(b)(3)
of Executive Order 13313 of July 31, 2003 (68 F.R. 46073; August 5,
2003), the President assigned this reporting duty to the Secretary of
the Treasury.
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I hereby order:
Section 1. A major national security goal of the United
States is to ensure that fissile material removed from Russian
nuclear weapons pursuant to various arms control and
disarmament agreements is dedicated to peaceful uses, subject
to transparency measures, and protected from diversion to
activities of proliferation concern. As reflected in Executive
Order 13085, the full implementation of the Agreement Between
the Government of the United States of America and the
Government of the Russian Federation Concerning the Disposition
of Highly Enriched Uranium Extracted from Nuclear Weapons,
dated February 18, 1993, and related contracts and agreements
(collectively, the ``HEU Agreements'') is essential to the
attainment of this goal. The HEU Agreements provide for the
conversion of approximately 500 metric tons of highly enriched
uranium contained in Russian nuclear weapons into low-enriched
uranium for use as fuel in commercial nuclear reactors. In
furtherance of our national security goals, all heads of
departments and agencies of the United States Government shall
continue to take all appropriate measures within their
authority to further the full implementation of the HEU
Agreements.
Sec. 2. Government of the Russian Federation assets
directly related to the implementation of the HEU Agreements
currently may be subject to attachment, judgment, decree, lien,
execution, garnishment, or other judicial process, thereby
jeopardizing the full implementation of the HEU Agreements to
the detriment of U.S. foreign policy. In order to ensure the
preservation and proper and complete transfer to the Government
of the Russian Federation of all payments due to it under the
HEU Agreements, and except to the extent provided in
regulations, orders, directives, or licenses that may hereafter
be issued pursuant to this order, all property and interests in
property of the Government of the Russian Federation directly
related to the implementation of the HEU Agreements that are in
the United States, that hereafter come within the United
States, or that are or hereafter come within the possession or
control of United States persons, including their overseas
branches, are hereby blocked and may not be transferred, paid,
exported, withdrawn, or otherwise dealt in. Unless licensed or
authorized pursuant to this order, any attachment, judgment,
decree, lien, execution, garnishment, or other judicial process
is null and void with respect to any property or interest in
property blocked pursuant to this order.
Sec. 3. For the purposes of this order: (a) The term
``person'' means an individual or entity;
(b) The term ``entity'' means a partnership, association,
trust, joint venture, corporation, or other organization;
(c) The term ``United States person'' means any United
States citizen; permanent resident alien; juridical person
organized under the laws of the United States or any
jurisdiction within the United States, including foreign
branches; or any person in the United States; and
(d) The term ``Government of the Russian Federation'' means
the Government of the Russian Federation, any political
subdivision, agency, or instrumentality thereof, and any person
owned or controlled by, or acting for or on behalf of, the
Government of the Russian Federation.
Sec. 4. (a) The Secretary of the Treasury, in consultation
with the Secretary of State, the Secretary of Energy, and, as
appropriate, other agencies, is hereby authorized to take such
actions, including the promulgation of rules and regulations,
and to employ all powers granted to me by IEEPA, as may be
necessary to carry out the purposes of this order. The
Secretary of the Treasury may redelegate any of these functions
to other officers and agencies of the United States Government.
All agencies of the United States Government are hereby
directed to take all appropriate measures within their
statutory authority to carry out the provisions of this order.
(b) Nothing contained in this order shall relieve a person
from any requirement to obtain a license or other authorization
from any department or agency of the United States Government
in compliance with applicable laws and regulations subject to
the jurisdiction of the department or agency.
Sec. 5. This order is not intended to create, nor does it
create, any right, benefit, or privilege, substantive or
procedural, enforceable at law by a party against the United
States, its agencies, officers, or any other person.
Sec. 6. (a) This order is effective at 12:01 a.m. eastern
daylight time on June 22, 2000.
(b) This order shall be transmitted to the Congress and
published in the Federal Register.
(6) Blocking Property of Weapons of Mass Destruction Proliferators and
Their Supporters
Executive Order 13382, June 28, 2005, 70 F.R. 38567, 50 U.S.C. 1701
note
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50
U.S.C. 1601 et seq.), and section 301 of title 3, United States
Code,
I, George W. Bush, President of the United States of
America, in order to take additional steps with respect to the
national emergency described and declared in Executive Order
12938 of November 14, 1994, regarding the proliferation of
weapons of mass destruction and the means of delivering them,
and the measures imposed by that order, as expanded by
Executive Order 13094 of July 28, 1998, hereby order:
Section 1. (a) Except to the extent provided in section
203(b)(1), (3), and(4) of IEEPA (50 U.S.C. 1702(b)(1), (3), and
(4)), or in regulations, orders, directives, or licenses that
may be issued pursuant to this order, and notwithstanding any
contract entered into or any license or permit granted prior to
the effective date of this order, all property and interests in
property of the following persons, that are in the United
States, that hereafter come within the United States, or that
are or hereafter come within the possession or control of
United States persons, are blocked and may not be transferred,
paid, exported, withdrawn, or otherwise dealt in:
(i) the persons listed in the Annex to this order;
(ii) \1\ any foreign person determined by the
Secretary of State,\2\ in consultation with the
Secretary of the Treasury, the Attorney General, and
other relevant agencies, to 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
any efforts to manufacture, acquire, possess, develop,
transport, transfer or use such items, by any person or
foreign country of proliferation concern;
---------------------------------------------------------------------------
\1\ In Public Notice 5739 dated March 28, 2007 (72 F.R. 15930;
April 3, 2007), the Assistant Secretary of State for International
Security and Nonproliferation designated an Iranian entity, the Defense
Industries Organization (DIO) under para. (ii), effective March 30,
2007. In Public Notice 6301 dated July 7, 2008 (72 F.R. 42401; July 21,
2008), the Acting Under Secretary of State for Arms Control and
International Security designated two Iranian persons, Rahim Safavi and
Mohsen Fakhrizadeh, and one entity, the TAMAS Company under para. (ii),
effective July 8, 2008.
\2\ In Delegation of Authority 295 dated November 14, 2006 (71 F.R.
67702; November 22, 2006), the Secretary of State delegated the
functions conferred on the Secretary of State in Executive Order 13382
to the Under Secretary of State for Arms Control and International
Security.
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(iii) any person determined by the Secretary of the
Treasury, in consultation with the Secretary of State,
the Attorney General, and other relevant agencies, to
have provided, or attempted to provide, financial,
material, technological or other support for, or goods
or services in support of, any activity or transaction
described in paragraph (a)(ii) of this section, or any
person whose property and interests in property are
blocked pursuant to this order; and
(iv) any person determined by the Secretary of the
Treasury, in consultation with the Secretary of State,
the Attorney General, and other relevant agencies, to
be owned or controlled by, or acting or purporting to
act for or on behalf of, directly or indirectly, any
person whose property and interests in property are
blocked pursuant to this order.
(b) Any transaction or dealing by a United States person or
within the United States in property or interests in property
blocked pursuant to this order is prohibited, including, but
not limited to, (i) the making of any contribution or provision
of funds, goods, or services by, to, or for the benefit of, any
person whose property and interests in property are blocked
pursuant to this order, and (ii) the receipt of any
contribution or provision of funds, goods, or services from any
such person.
(c) Any transaction by a United States person or within the
United States that evades or avoids, has the purpose of evading
or avoiding, or attempts to violate any of the prohibitions set
forth in this order is prohibited. (d) Any conspiracy formed to
violate the prohibitions set forth in this order is prohibited.
Sec. 2. For purposes of this order:
(a) the term ``person'' means an individual or entity;
(b) the term ``entity'' means a partnership, association,
trust, joint venture, corporation, group, subgroup, or other
organization; and
(c) the term ``United States person'' means any United
States citizen, permanent resident alien, entity organized
under the laws of the United States or any jurisdiction within
the United States (including foreign branches), or any person
in the United States.
Sec. 3. I hereby determine that the making of donations of
the type of articles specified in section 203(b)(2) of IEEPA
(50 U.S.C. 1702(b)(2)) by, to, or for the benefit of, any
person whose property and interests in property are blocked
pursuant to this order would seriously impair my ability to
deal with the national emergency declared in Executive Order
12938, and I hereby prohibit such donations as provided by
section 1 of this order.
Sec. 4. Section 4(a) of Executive Order 12938, as
amended,\3\ is further amended * * *
---------------------------------------------------------------------------
\3\ Executive Order 12938, as amended, can be found at page 363 of
this volume.
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Sec. 5. For those persons whose property and interests in
property are blocked pursuant to section 1 of this order who
might have a constitutional presence in the United States, I
find that because of the ability to transfer funds or other
assets instantaneously, prior notice to such persons of
measures to be taken pursuant to this order would render these
measures ineffectual. I therefore determine that for these
measures to be effective in addressing the national emergency
declared in Executive Order 12938, as amended, there need be no
prior notice of a listing or determination made pursuant to
section 1 of this order.
Sec. 6. The Secretary of the Treasury, in consultation with
the Secretary of State, is hereby authorized to take such
actions, including the promulgation of rules and regulations,
and to employ all powers granted to the President by IEEPA as
may be necessary to carry out the purposes of this order. The
Secretary of the Treasury may redelegate any of these functions
to other officers and agencies of the United States Government,
consistent with applicable law. All agencies of the United
States Government are hereby directed to take all appropriate
measures within their authority to carry out the provisions of
this order and, where appropriate, to advisethe Secretary of
the Treasury in a timely manner of the measures taken.
Sec. 7. The Secretary of the Treasury, in consultation with
the Secretary of State, is hereby authorized to determine,
subsequent to the issuance of this order, that circumstances no
longer warrant the inclusion of a person in the Annex to this
order and that the property and interests in property of that
person are therefore no longer blocked pursuant to section 1 of
this order.
Sec. 8. This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at
law or in equity by any party against the United States, its
departments, agencies, instrumentalities, or entities, its
officers or employees, or any other person.
Sec. 9. (a) This order is effective at 12:01 a.m. eastern
daylight time on June 29, 2005.
(b) This order shall be transmitted to the Congress and
published in the Federal Register.
ANNEX
Korea Mining Development Trading Corporation
Tanchon Commercial Bank
Korea Ryonbong General Corporation
Aerospace Industries Organization
Shahid Hemmat Industrial Group
Shahid Bakeri Industrial Group
Atomic Energy Organization of Iran
Scientific Studies and Research Center
(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, February 4, 2008, 73 F.R. 7181
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the United States Additional Protocol Implementation
Act (the ``Act'') (Public Law 109-401) and section 301 of title
3, United States Code, and in order to facilitate
implementation of the Act and 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 (the ``Additional Protocol''), it is
hereby ordered as follows:
Section 1. The Secretaries of State, Defense, Commerce, and
Energy, the Attorney General, the Nuclear Regulatory
Commission, and heads of such other agencies as appropriate,
each shall issue, amend, or revise, and enforce such
regulations, orders, directives, instructions, or procedures as
are necessary to implement the Act and United States
obligations under the Additional Protocol.
Sec. 2. The Secretary of Commerce, with the assistance, as
necessary, of the Attorney General, is authorized to obtain and
to execute warrants pursuant to section 223 of the Act for the
purpose of gaining complementary access to locations subject to
regulations issued by the Department of Commerce pursuant to
section 1 of this order.
Sec. 3. The Secretaries of State, Defense, Commerce, and
Energy, the Attorney General, the Nuclear Regulatory
Commission, and heads of such other departments and agencies as
appropriate, are authorized to carry out, consistent with the
Act and in accordance with subsequent directives, appropriate
functions that are not otherwise assigned in the Act and are
necessary to implement the Act and United States obligations
under the Additional Protocol. The Secretary of State shall
perform the function of providing notifications or information
to the Congress when required by the Act.
Sec. 4. This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
Sec. 5. This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at
law or in equity, by any party against the United States, its
departments, agencies, instrumentalities, or entities, its
officers, employees, or agents, or any other person.
w. Nuclear Non-Proliferation Act of 1978 and Related Materials
(1) Nuclear Non-Proliferation Act of 1978
Partial text of Public Law 95-242 [H.R. 8638], 92 Stat. 120, approved
March 10, 1978; as amended by Public Law 99-661 [National Defense
Authorization Act for Fiscal Year 1987; S. 2638], 100 Stat. 3816,
approved November 11, 1986; 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 103-437 [U.S.C. Technical
Amendments; H.R. 4777], 108 Stat. 4581, approved November 2, 1994;
Public Law 105-277 [Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999; H.R. 4328], 112 Stat. 2681, approved October
21, 1998; and Public Law 106-113 [H.R. 3194], 113 Stat. 1301, approved
November 29, 1999
Note.--Sections of this Act that have been omitted
amended the Atomic Energy Act of 1954. See the
appropriate sections of the 1954 Act beginning on page
403 for the text of these omitted sections.
AN ACT To provide for more efficient and effective control over the
proliferation of nuclear explosive capability.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act may be cited as the ``Nuclear Non-Proliferation Act of
1978.''
statement of policy
Sec. 2.\1\ The Congress finds and declares that the
proliferation of nuclear explosive devices or of the direct
capability to manufacture or otherwise acquire such devices
poses a grave threat to the security interests of the United
States and to continued international progress toward world
peace and development. Recent events emphasize the urgency of
this threat and the imperative need to increase the
effectiveness of international safeguards and controls on
peaceful nuclear activities to prevent proliferation.
Accordingly, it is the policy of the United States to--
---------------------------------------------------------------------------
\1\ 22 U.S.C. 3201.
---------------------------------------------------------------------------
(a) actively pursue through international initiatives
mechanisms for fuel supply assurances and the
establishment of more effective international controls
over the transfer and use of nuclear materials and
equipment and nuclear technology for peaceful purposes
in order to prevent proliferation, including the
establishment of common international sanctions;
(b) take such actions as are required to confirm the
reliability of the United States in meeting its
commitments to supply nuclear reactors and fuel to
nations which adhere to effective non-proliferation
policies by establishing procedures to facilitate the
timely processing of requests for subsequent
arrangements and export licenses;
(c) strongly encourage nations which have not
ratified the Treaty on the Non-Proliferation of Nuclear
Weapons to do so at the earliest possible date; \2\ and
---------------------------------------------------------------------------
\2\ This policy was reiterated by Congress in sec. 507 of the
International Development Cooperation Act of 1979 (Public Law 96-53; 93
Stat. 378) (see Legislation on Foreign Relations Through 2005, vol. I-
A). Sec. 507(b), which was repealed in 1981, also called for a report
(submitted to Congress on November 19, 1979) from the Secretary of
State, on steps taken by the Department of State to encourage nations
which are not parties to the treaty to become parties.
---------------------------------------------------------------------------
(d) cooperate with foreign nations in identifying and
adapting suitable technologies for energy production
and, in particular, to identify alternative options to
nuclear power in aiding such nations to meet their
energy needs, consistent with the economic and material
resources of those nations and environmental
protection.
statement of purpose
Sec. 3.\3\ It is the purpose of this Act to promote the
policies set forth above by--
---------------------------------------------------------------------------
\3\ 22 U.S.C. 3202.
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(a) establishing a more effective framework for
international cooperation to meet the energy needs of
all nations and to ensure that the worldwide
development of peaceful nuclear activities and the
export by any nation of nuclear materials and equipment
and nuclear technology intended for use in peaceful
nuclear activities do not contribute to proliferation;
(b) authorizing the United States to take such
actions as are required to ensure that it will act
reliably in meeting its commitment to supply nuclear
reactors and fuel to nations which adhere to effective
non-proliferation policies;
(c) providing incentives to the other nations of the
world to join in such international cooperative efforts
and to ratify the Treaty; and
(d) ensuring effective controls by the United States
over its exports of nuclear materials and equipment and
of nuclear technology.
definitions
Sec. 4.\4\ (a) As used in this Act, the term--
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\4\ 22 U.S.C. 3203. Sec. 1225(e)(1) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-775) struck out para. (2), which referred to
the Director of the Arms Control and Disarmament Agency, and renumbered
paras. (3) through (8) as paras. (2) through (7).
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(1) ``Commission'' means the Nuclear Regulatory
Commission;
(2) \4\ ``IAEA'' means International Atomic Energy
Agency;
(3) \4\ ``nuclear materials and equipment'' means
source material, special nuclear material, production
facilities, utilization facilities, and components,
items or substances determined to have significance for
nuclear explosive purposes pursuant to subsection 109
b. of the 1954 Act;
(4) \4\ ``physical security measures'' means measures
to reasonably ensure that source or special nuclear
material will only be used for authorized purpose and
to prevent theft and sabotage;
(5) \4\ ``sensitive nuclear technology'' means any
information (including information incorporated in a
production or utilization facility or important
component part thereof) which is not available to the
public and which is important to the design,
construction, fabrication, operation or maintenance of
a uranium enrichment or nuclear fuel reprocessing
facility or a facility for the production of heavy
water, but shall not include Restricted Data controlled
pursuant to chapter 12 of the 1954 Act;
(6) \4\ ``1954 Act'' means the Atomic Energy Act of
1954, as amended; and
(7) \4\ ``the Treaty'' means the Treaty on the Non-
Proliferation of Nuclear Weapons.\5\
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\5\ See Legislation on Foreign Relations Through 2005, vol. V, sec.
L, for text of treaty.
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(b) All other terms used in this Act not defined in this
section shall have the meanings ascribed to them by the 1954
Act, the Energy Reorganization Act of 1974, and the Treaty.
TITLE I--UNITED STATES INITIATIVES TO PROVIDE ADEQUATE NUCLEAR FUEL
SUPPLY
policy
Sec. 101.\6\ The United States, as a matter of national
policy, shall take such actions and institute such measures as
may be necessary and feasible to assure other nations and
groups of nations that may seek to utilize the benefits of
atomic energy for peaceful purposes that it will provide a
reliable supply of nuclear fuel to those nations and groups of
nations which adhere to policies designed to prevent
proliferation. Such nuclear fuel shall be provided under
agreements entered into pursuant to section 161 of the 1954 Act
or as otherwise authorized by law. The United States shall
ensure that it will have available the capacity on a long-term
basis to enter into new fuel supply commitments consistent with
its nonproliferation policies and domestic energy needs. The
Commission shall, on a timely basis, authorize the export of
nuclear materials and equipment when all the applicable
statutory requirements are met.
---------------------------------------------------------------------------
\6\ 22 U.S.C. 3221.
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uranium enrichment capacity
Sec. 102.\7\ The Secretary of Energy is directed to
initiate construction planning and design, construction, and
operation activities for expansion of uranium enrichment
capacity, as elsewhere provided by law. Further the Secretary
as well as the Nuclear Regulatory Commission and the Secretary
of State \8\ are directed to establish and implement procedures
which will ensure to the maximum extent feasible, consistent
with this Act, orderly processing of subsequent arrangements
and export licenses with minimum time delay.
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\7\ 22 U.S.C. 3222.
\8\ Sec. 1225(e)(2) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-775) struck out ``, the Secretary of State, and the Director
of the Arms Control and Disarmament Agency'' and inserted in lieu
thereof ``and the Secretary of State''.
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report
Sec. 103. The President shall promptly undertake a study to
determine the need for additional United States enrichment
capacity to meet domestic and foreign needs and to promote
United States nonproliferation objectives abroad. The President
shall report to the Congress on the results of this study
within twelve months after the date of enactment of this Act.
international undertakings
Sec. 104.\9\ (a) Consistent with section 105 of this Act,
the President shall institute prompt discussions with other
nations and groups of nations, including both supplier and
recipient nations, to develop international approaches for
meeting future worldwide nuclear fuel needs. In particular, the
President is authorized and urged to seek to negotiate as soon
as practicable with nations possessing nuclear fuel production
facilities or source material, and such other nations and
groups of nations, such as the IAEA, as may be deemed
appropriate, with a view toward the timely establishment of
binding international undertakings providing for--
---------------------------------------------------------------------------
\9\ 22 U.S.C. 3223.
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(1) the establishment of an international nuclear
fuel authority (INFA) with responsibility for providing
agreed upon fuel services and allocating agreed upon
quantities of fuel resources to ensure fuel supply on
reasonable terms in accordance with agreements between
INFA and supplier and recipient nations;
(2) a set of conditions consistent with subsection
(d) under which international fuel assurances under
INFA auspices will be provided to recipient nations,
including conditions which will ensure that the
transferred materials will not be used for nuclear
explosive devices;
(3) devising, consistent with the policy goals set
forth in section 403 of this Act, feasible and
environmentally sound approaches for the siting,
development, and management under effective
international auspices and inspection of facilities for
the provision of nuclear fuel services, including the
storage of special nuclear material;
(4) the establishment of repositories for the storage
of spent nuclear reactor fuel under effective
international auspices and inspection;
(5) the establishment of arrangements under which
nations placing spent fuel in such repositories would
receive appropriate compensation for the energy content
of such spent fuel if recovery of such energy content
is deemed necessary or desirable; and
(6) sanctions for violation of the provisions of or
for abrogation of such binding international
undertakings.
(b) The President shall submit to Congress not later than
six months after the date of enactment of this Act proposals
for initial fuel assurances, including creation of an interim
stockpile of uranium enriched to less than 20 percent in the
uranium isotope 235 (low-enriched uranium) to be available for
transfer pursuant to a sales arrangement to nations which
adhere to strict policies designed to prevent proliferation
when and if necessary to ensure continuity of nuclear fuel
supply to such nations. Such submission shall include proposals
for the transfer of low-enriched uranium up to an amount
sufficient to produce 100,000 MWe years of power from light
water nuclear reactors, and shall also include proposals for
seeking contributions from other supplier nations to such an
interim stockpile pending the establishment of INFA.
(c) The President shall, in the report required by section
103, also address the desirability of and options for foreign
participation, including investment, in new United States
uranium enrichment facilities. This report shall also address
the arrangements that would be required to implement such
participation and the commitments that would be required as a
condition of such participation. This report shall be
accompanied by any proposed legislation to implement these
arrangements.
(d) The fuel assurances contemplated by this section shall
be for the benefit of nations that adhere to policies
designated to prevent proliferation. In negotiating the binding
international undertakings called for in this section, the
President shall, in particular, seek to ensure that the
benefits of such undertakings are available to non-nuclear-
weapon states only if such states accept IAEA safeguards on all
their peaceful nuclear activities, do not manufacture or
otherwise acquire any nuclear explosive device, do not
establish any new enrichment or reprocessing facilities under
their de facto or de jure control, and place any such existing
facilities under effective international auspices and
inspection.
(e) The report required by section 601 shall include
information on the progress made in any negotiations pursuant
to this section.
(f)(1) The President may not enter into any binding
international undertaking negotiated pursuant to subsection (a)
which is not a treaty until such time as such proposed
undertaking has been submitted to the Congress and has been
approved by concurrent resolution.
(2) The proposals prepared pursuant to subsection (b) shall
be submitted to the Congress as part of an annual authorization
Act for the Department of Energy.
reevaluation of nuclear fuel cycle
Sec. 105.\10\ The President shall take immediate
initiatives to invite all nuclear supplier and recipient
nations to reevaluate all aspects of the nuclear fuel cycle,
with emphasis on alternatives to an economy based on the
separation of pure plutonium or the presence of high enriched
uranium, methods to deal with spent fuel storage, and methods
to improve the safeguards for existing nuclear technology. The
President shall, in the first report required by section 601,
detail the progress of such international reevaluation.
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\10\ 22 U.S.C. 3224.
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TITLE II--UNITED STATES INITIATIVES TO STRENGTHEN THE INTERNATIONAL
SAFEGUARDS SYSTEM
policy
Sec. 201.\11\ The United States is committed to continued
strong support for the principles of the Treaty on the Non-
Proliferation of Nuclear Weapons, to a strengthened and more
effective International Atomic Energy Agency and to a
comprehensive safeguards system administered by the Agency to
deter proliferation. Accordingly, the United States shall seek
to act with other nations to--
---------------------------------------------------------------------------
\11\ 22 U.S.C. 3241.
---------------------------------------------------------------------------
(a) continue to strengthen the safeguards program of
the IAEA and, in order to implement this section,
contribute funds, technical resources, and other
support to assist the IAEA in effectively implementing
safeguards;
(b) ensure that the IAEA has the resources to carry
out the provisions of article XII of the Statute of the
IAEA;
(c) improve the IAEA safeguards system (including
accountability) to ensure--
(1) the timely detection of a possible
diversion of sources of special nuclear
materials which could be used for nuclear
explosive devices;
(2) the timely dissemination of information
regarding such diversion; and
(3) the timely implementation of
internationally agreed procedures in the event
of such diversion;
(d) ensure that the IAEA receives on a timely basis
the data needed for it to administer an effective and
comprehensive international safeguards program and that
the IAEA provides timely notice to the world community
of any evidence of a violation of any safeguards
agreement to which it is a party; and
(e) encourage the IAEA, to the maximum degree
consistent with the Statute, to provide nations which
supply nuclear materials and equipment with the data
needed to assure such nations of adherence to bilateral
commitments applicable to such supply.
training program
Sec. 202.\12\ The Department of Energy, in consultation
with the Commission, shall establish and operate a safeguards
and physical security training program to be made available to
persons from nations and groups of nations which have developed
or acquired, or may be expected to develop or acquire, nuclear
materials and equipment for use for peaceful purposes. Any such
program shall include training in the most advanced safeguards
and physical security techniques and technology, consistent
with the national security interests of the United States.
---------------------------------------------------------------------------
\12\ 22 U.S.C. 3242.
---------------------------------------------------------------------------
negotiations
Sec. 203.\13\ The United States shall seek to negotiate
with other nations and groups of nations to--
---------------------------------------------------------------------------
\13\ 22 U.S.C. 3243.
---------------------------------------------------------------------------
(1) adopt general principles and procedures,
including common international sanctions, to be
followed in the event that a nation violates any
material obligation with respect to the peaceful use of
nuclear materials and equipment or nuclear technology,
or in the event that any nation violates the principles
of the Treaty, including the detonation by a non-
nuclear-weapon state of a nuclear explosive device; and
(2) establish international procedures to be followed
in the event of diversion, theft, or sabotage of
nuclear materials or sabotage of nuclear facilities,
and for recovering nuclear materials that have been
lost or stolen, or obtained or used by a nation or by
any person or group in contravention of the principles
of the Treaty.
TITLE III--EXPORT ORGANIZATION AND CRITERIA
* * * * * * *
export licensing procedures
Sec. 304. (a) \14\ * * *
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\14\ Subsec. (a) added a new sec. 126 to the 1954 Act regarding
export licensing procedures.
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(b) \15\ Within one hundred and twenty days of the date of
enactment of this Act, the Commission shall, after
consultations with the Secretary of State, promulgate
regulations establishing procedures (1) for the granting,
suspending, revoking, or amending of any nuclear export license
or exemption pursuant to its statutory authority; (2) for
public participation in nuclear export licensing proceedings
when the Commission finds that such participation will be in
the public interest and will assist the Commission in making
the statutory determinations required by the 1954 Act,
including such public hearings and access to information as the
Commission deems appropriate: Provided, That judicial review as
to any such finding shall be limited to the determination of
whether such finding was arbitrary and capricious; (3) for a
public written Commission opinion accompanied by the dissenting
or separate views of any Commissioner, in those proceedings
where one or more Commissioners have dissenting or separate
views on the issuance of an export license; and (4) for public
notice of Commission proceedings and decisions, and for
recording of minutes and votes of the Commission: Provided
further, That until the regulations required by this subsection
have been promulgated, the Commission shall implement the
provisions of this Act under temporary procedures established
by the Commission.
---------------------------------------------------------------------------
\15\ 42 U.S.C. 2155a.
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(c) \15\ The procedures to be established pursuant to
subsection (b) shall constitute the exclusive basis for
hearings in nuclear export licensing proceedings before the
Commission and, notwithstanding section 189 a. of the 1954 Act,
shall not require the Commission to grant any person an on-the-
record hearing in such a proceeding.
(d) \16\ Within sixty days of the date of enactment of this
Act, the Commission shall, in consultation with the Secretary
of State, the Secretary of Energy and the Secretary of
Defense,\17\ promulgate (and may from time to time amend)
regulations establishing the levels of physical security which
in its judgment are no less strict than those established by
any international guidelines to which the United States
subscribes and which in its judgment will provide adequate
protection for facilities and material referred to in paragraph
(3) of section 127 of the 1954 Act taking into consideration
variations in risks to security as appropriate.
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\16\ 42 U.S.C. 2156a.
\17\ Sec. 1225(e)(3) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-775) struck out ``the Secretary of Defense, and the
Director,'' and inserted in lieu thereof ``and the Secretary of
Defense,''.
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* * * * * * *
component and other parts of facilities
Sec. 309. (a) \18\ * * *
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\18\ Subsec. (a) amended sec. 109 of the 1954 Act.
---------------------------------------------------------------------------
(b) \19\ The Commission, not later than one hundred and
twenty days after the date of the enactment of this Act, shall
publish regulations to implement the provisions of subsections
b. and c. of section 109 of the 1954 Act. Among other things,
these regulations shall provide for the prior consultation by
the Commission with the Department of State, the Department of
Energy, the Department of Defense, and the Department of
Commerce.\20\
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\19\ 42 U.S.C. 2139a. The procedures referred to in subsec. (c)
were issued on June 1, 1978. For text, see Legislation on Foreign
Relations Through 2005, vol. V, sec. L.
\20\ Sec. 1225(e)(4)(A) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-775) struck out ``the Department of Commerce,
and the Arms Control and Disarmament Agency'' and inserted in lieu
thereof ``and the Department of Commerce''.
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(c) \19\ The President, within not more than one hundred
and twenty days after the date of enactment of this Act, shall
publish procedures regarding the control by the Department of
Commerce, over all export items, other than those licensed by
the Commission, which could be, if used for purposes other than
those for which the export is intended, of significance for
nuclear explosive purposes. Among other things, these
procedures shall provide for prior consultations \21\ by the
Department of Commerce with the Department of State,\22\ the
Commission, the Department of Energy, and the Department of
Defense.
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\21\ Sec. 714(b) of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 498), struck out ``,
as required,'' following ``prior consultations''.
\22\ Sec. 1225(e)(4)(B) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-775) struck out ``the Arms Control and
Disarmament Agency,'' at this point.
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(d) The amendments to section 109 of the 1954 Act made by
this section shall not affect the approval of exports
contracted for prior to November 1, 1977, which are made within
one year of the date of enactment of such amendments.
TITLE IV--NEGOTIATION OF FURTHER EXPORT CONTROLS
* * * * * * *
additional requirements
Sec. 402.\23\ (a) Except as specifically provided in any
agreement for cooperation, no source or special nuclear
material hereafter exported from the United States may be
enriched after export without the prior approvals of the United
States for such enrichment: Provided, That the procedures
governing such approval shall be identical to those set forth
for the approval of proposed subsequent arrangements under
section 131 of the 1954 Act, and any commitments from the
recipient which the Secretary of Energy and the Secretary of
State deem necessary to ensure that such approval will be
obtained prior to such enrichment shall be obtained prior to
the submission of the executive branch judgment regarding the
export in question and shall be set forth in such submission:
And provided further, That no source or special nuclear
material shall be exported for the purpose of enrichment or
reactor fueling to any nation or group of nations which has,
after the date of enactment of this Act, entered into a new or
amended agreement for cooperation with the United States,
except pursuant to such agreement.
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\23\ 42 U.S.C. 2153a. The procedures mentioned in the first proviso
were issued June 1, 1978. For text, see Legislation on Foreign
Relations Through 2005, vol. V, sec. L.
---------------------------------------------------------------------------
(b) In addition to other requirements of law, no major
critical component of any uranium enrichment, nuclear fuel
reprocessing, or heavy water production facility shall be
exported under any agreement for cooperation (except an
agreement for cooperation pursuant to subsection 91 c., 144 b.,
or 144 c. of the 1954 Act) unless such agreement for
cooperation specifically designates such components as items to
be exported pursuant to the agreement for cooperation. For
purposes of this subsection, the term ``major critical
component'' means any component part or group of component
parts which the President determines to be essential to the
operation of a complete uranium enrichment, nuclear fuel
reprocessing, or heavy water production facility.
peaceful nuclear activities
Sec. 403.\24\ The President shall take immediate and
vigorous steps to seek agreement from all nations and groups of
nations to commit themselves to adhere to the following export
policies with respect to their peaceful nuclear activities and
their participation in international nuclear trade:
---------------------------------------------------------------------------
\24\ 42 U.S.C. 2153b.
---------------------------------------------------------------------------
(a) No nuclear materials and equipment and no sensitive
nuclear technology within the territory of any nation or group
of nations, under its jurisdiction, or under its control
anywhere will be transferred to the jurisdiction of any other
nation or group of nations unless the nation or group of
nations receiving such transfer commits itself to strict
undertakings including, but not limited to, provisions
sufficient to ensure that--
(1) no nuclear materials and equipment and no nuclear
technology in, under the jurisdiction of, or under the
control of any non-nuclear-weapon state, shall be used
for nuclear explosive devices for any purpose or for
research on or development of nuclear explosives
devices for any purpose, except as permitted by Article
V, the Treaty;
(2) IAEA safeguards will be applied to all peaceful
nuclear activities in, under the jurisdiction of, or
under the control of any non-nuclear-weapon state;
(3) adequate physical security measure will be
established and maintained by any nation or group of
nations on all of its nuclear activities;
(4) no nuclear materials and equipment and no nuclear
technology intended for peaceful purposes in, under the
jurisdiction of, or under the control of any nation or
group of nations shall be transferred to the
jurisdiction of any other nation or group of nations
which does not agree to stringent undertakings meeting
the objectives of this section; and
(5) no nation or group of nations will assist,
encourage, or induce any non-nuclear-weapon state to
manufacture or otherwise acquire any nuclear explosive
device.
(b)(1) No source or special nuclear material within the
territory of any nation or group of nations, under its
jurisdiction, or under its control anywhere will be enriched
(as described in paragraph aa. (2) of section 11 of the 1954
Act) or reprocessed, no irradiated fuel elements containing
such material which are to be removed from a reactor will be
altered in form or content, and no fabrication or stockpiling
involving plutonium, uranium 233, or uranium enriched to
greater than 20 percent in the isotope 235 shall be performed
except in a facility under effective international auspices and
inspection, and any such irradiated fuel elements shall be
transferred to such a facility as soon as practicable after
removal from a reactor consistent with safety requirements.
Such facilities shall be limited in number to the greatest
extent feasible and shall be carefully sited and managed so as
to minimize the proliferation and environmental risks
associated with such facilities. In addition, there shall be
conditions to limit the access of non-nuclear-weapon states
other than the host country to sensitive nuclear technology
associated with such facilities.
(2) Any facilities within the territory of any nation or
group of nations, under its jurisdiction, or under its control
anywhere for the necessary short-term storage of fuel elements
containing plutonium, uranium 233, or uranium enriched to
greater than 20 percent in the isotope 235 prior to placement
in a reactor or of irradiated fuel elements prior to transfer
as required in subparagraph (1) shall be placed under effective
international auspices and inspection.
(c) Adequate physical security measures will be established
and maintained with respect to all nuclear activities within
the territory of each nation and group of nations, under its
jurisdiction, or under its control anywhere, and with respect
to any international shipment of significant quantities of
source or special nuclear material or irradiated source or
special nuclear material, which shall also be conducted under
international safeguards.
(d) Nothing in this section shall be interpreted to require
international control or supervision of any United States
military activities.
renegotiation of agreements for cooperation
Sec. 404.\25\ (a) The President shall initiate a program
immediately to renegotiate agreements for cooperation in effect
on the date of enactment of this Act, or otherwise to obtain
the agreement of parties to such agreements for cooperation to
the undertakings that would be required for new agreements
under the 1954 Act. To the extent that an agreement for
cooperation in effect on the date of enactment of this Act with
a cooperating party contains provisions equivalent to any or
all of the criteria set forth in section 127 of the 1954 Act
with respect to materials and equipment transferred pursuant
thereto or with respect to any special nuclear material used in
or produced through the use of any such material or equipment,
any renegotiated agreement with that cooperating party shall
continue to contain an equivalent provision with respect to
such transferred materials and equipment and such special
nuclear material. To the extent that an agreement for
cooperation in effect on the date of enactment of this Act with
a cooperating party does not contain provisions with respect to
any nuclear materials and equipment which have previously been
transferred under an agreement for cooperation with the United
States and which are under the jurisdiction or control of the
cooperating party and with respect to any special nuclear
material which is used in or produced through the use thereof
and which is under the jurisdiction or control of the
cooperating party, which are equivalent to any or all of those
required for new and amended agreements for cooperation under
section 123 a. of the 1954 Act, the President shall vigorously
seek to obtain the application of such provisions with respect
to such nuclear materials and equipment and such special
nuclear material. Nothing in this Act or in the 1954 Act shall
be deemed to relinquish any rights which the United States may
have under any agreement for cooperation in force on the date
of enactment of this Act.
---------------------------------------------------------------------------
\25\ 42 U.S.C. 2153c.
---------------------------------------------------------------------------
(b) The President shall annually review each of
requirements (1) through (9) set forth for inclusion in
agreements for cooperation under section 123 a. of the 1954 Act
and the export policy goals set forth in section 401 to
determine whether it is in the interest of United States non-
proliferation objectives for any such requirements or export
policies which are not already being applied as export criteria
to be enacted as additional export criteria.
(c) If the President proposed enactment of any such
requirements or export policies as additional export criteria
or to take any other action with respect to such requirements
or export policy goals for the purpose of encouraging adherence
by nations and groups of nations to such requirements and
policies, he shall submit such a proposal together with an
explanation thereof to the Congress.
(d) If the Committee on Foreign Relations of the Senate or
the Committee on Foreign Affairs \26\ of the House of
Representatives, after reviewing the President's annual report
or any proposed legislation, determines that it is in the
interest of the United States non-proliferation objectives to
take any action with respect to such requirements or export
policy goals, it shall report a joint resolution to implement
such determination. Any joint resolution so reported shall be
considered in the Senate and the House of Representatives,
respectively, under applicable procedures provided for the
consideration of resolutions pursuant to subsection 130 b.
through g. of the 1954 Act.
---------------------------------------------------------------------------
\26\ Sec. 15(g) of Public Law 103-437 (108 Stat. 4593) struck out
``International Relations'' and inserted in lieu thereof ``Foreign
Affairs''. Subsequently, 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.
---------------------------------------------------------------------------
authority to continue agreements
Sec. 405.\27\ (a) The amendments to section 123 of the 1954
Act made by this Act shall not affect the authority to continue
cooperation pursuant to agreements for cooperation entered into
prior to the date of enactment of this Act.
---------------------------------------------------------------------------
\27\ 42 U.S.C. 2153d.
---------------------------------------------------------------------------
(b) Nothing in this Act shall affect the authority to
include dispute settlement provisions, including arbitration,
in any agreement made pursuant to an Agreement for Cooperation.
review
Sec. 406.\28\ No court or regulatory body shall have any
jurisdiction under any law to compel the performance of or to
review the adequacy of the performance of any Nuclear
Proliferation Assessment Statement, or any annexes thereto,\29\
called for in this Act or in the 1954 Act.
---------------------------------------------------------------------------
\28\ 42 U.S.C. 2160a.
\29\ Sec. 1225(e)(5) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-775) inserted ``, or any annexes thereto,'' after
``Statement''.
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protection of the environment
Sec. 407.\30\ The President shall endeavor to provide in
any agreement entered into pursuant to section 123 of the 1954
Act for cooperation between the parties in protecting the
international environment from radioactive, chemical or thermal
contamination arising from peaceful nuclear activities.
---------------------------------------------------------------------------
\30\ 42 U.S.C. 2153e. Sec. 1913 of Public Law 95-630 (92 Stat.
3727) provided:
``Sec. 1913. No environmental rule, regulation, or procedure shall
become effective with regard to exports subject to the provisions of 22
U.S.C. 3201 et seq., the Nuclear Non-Proliferation Act of 1978, until
such time as the President has reported to Congress on the progress
achieved pursuant to section 407 of the Act (42 U.S.C. 2153e) entitled
`Protection of the Environment' which requires the President to seek to
provide, in agreements required under the Act, for cooperation between
the parties in protecting the environment from radioactive, chemical or
thermal contaminations arising from peaceful nuclear activities.''.
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TITLE V--UNITED STATES ASSISTANCE TO DEVELOPING COUNTRIES
policy; report
Sec. 501.\31\ The United States shall endeavor to cooperate
with other nations, international institutions, and private
organizations in establishing programs to assist in the
development of non-nuclear energy resources, to cooperate with
both developing and industrialized nations in protecting the
international environment from contamination arising from both
nuclear and non-nuclear energy activities, and shall seek to
cooperate with and aid developing countries in meeting their
energy needs through the development of such resources and the
application of non-nuclear technologies consistent with the
economic factors, the material resources of those countries,
and environmental protection. The United States shall
additionally seek to encourage other industrialized nations and
groups of nations to make commitments for similar cooperation
and aid to developing countries. The President shall report
annually to Congress on the level of other nations' and groups
of nations' commitments under such program and the relation of
any such commitments to United States efforts under this title.
In cooperating with and providing such assistance to developing
countries, the United States shall give priority to parties to
the Treaty.
---------------------------------------------------------------------------
\31\ 22 U.S.C. 3261.
---------------------------------------------------------------------------
programs
Sec. 502.\32\ (a) The United States shall initiate a
program, consistent with the aims of section 501, to cooperate
with developing countries for the purpose of--
---------------------------------------------------------------------------
\32\ 22 U.S.C. 3262.
---------------------------------------------------------------------------
(1) meeting the energy needs required for the
development of such countries;
(2) reducing the dependence of such countries on
petroleum fuels, with emphasis given to utilizing solar
and other renewable energy resources; and
(3) expanding the energy alternatives to such
countries.
(b) Such program shall include cooperation in evaluating
the energy alternatives of developing countries, facilitating
international trade in energy commodities, developing energy
resources, and applying suitable energy technologies. The
program shall include both general and country-specific energy
assessments and co-operative projects in resource exploration
and production, training, research and development.
(c) As an integral part of such program, the Department of
Energy, under the general policy guidance of the Department of
State and in cooperation with the Agency for International
Development and other Federal agencies as appropriate, shall
initiate, as soon as practicable, a program for the exchange of
United States scientists, technicians, and energy experts with
those of developing countries to implement the purposes of this
section.
(d) For the purposes of carrying out this section, there is
authorized to be appropriated such sums as are contained in
annual authorization Acts for the Department of Energy,
including such sums which have been authorized for such
purposes under previous legislation.
(e) Under the direction of the President, the Secretary of
State shall ensure the coordination of the activities
authorized by this title with other related activities of the
United States conducted abroad, including the programs
authorized by sections 103(c), 106(a)(2), and 119 of the
Foreign Assistance Act of 1961.\33\
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\33\ For text, see Legislation on Foreign Relations Through 2005,
vol. I-A. Sec. 119 of the Foreign Assistance Act of 1961 was repealed
in 1980.
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report
Sec. 503.\34\ Not later than twelve months after the date
of enactment of this Act, the President shall report to the
Congress on the feasibility of expanding the cooperative
activities established pursuant to section 502(c) into an
international cooperative effort to include a scientific peace
corps designed to encourage large numbers of technically
trained volunteers to live and work in developing countries for
varying periods of time for the purpose of engaging in projects
to aid in meeting the energy needs of such countries through
the search for and utilization of indigenous energy resources
and the application of suitable technology, including the
widespread utilization of renewable and unconventional energy
technologies. Such report shall also include a discussion of
other mechanisms to conduct a coordinated international effort
to develop, demonstrate, and encourage the utilization of such
technologies in developing countries.
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\34\ 22 U.S.C. 3262 note.
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TITLE VI--EXECUTIVE REPORTING
reports of the president
Sec. 601.\35\ (a) The President shall review all activities
of Government departments and agencies relating to preventing
proliferation and shall make a report \36\ to Congress in
January of 1979 and annually in January of each year thereafter
on the Government's efforts to prevent proliferation. This
report shall include but not be limited to--
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\35\ 22 U.S.C. 3281.
\36\ In sec. 1(a)(5) of Executive Order 13313 of July 31, 2003 (68
F.R. 46073; August 5, 2003), the President assigned the reporting
duties in subsec. (a) to the Secretary of State.
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(1) a description of the progress made toward--
(A) negotiating the initiatives contemplated
in sections 104 and 105 of this Act;
(B) negotiating the international
arrangements or other mutual undertakings
contemplated in section 403 of this Act;
(C) encouraging non-nuclear-weapon states
that are not party to the Treaty to adhere to
the Treaty or, pending such adherence, to enter
into comparable agreements with respect to
safeguards and to foreswear the development of
any nuclear explosive devices, and discouraging
nuclear exports to non-nuclear-weapon states
which have not taken such steps;
(D) strengthening the safeguards of the IAEA
as contemplated in section 201 of this Act; and
(E) renegotiating agreements for cooperation
as contemplated in section 404(a) of this Act;
(2) an assessment of the impact of the progress
described in paragraph (1) on the non-proliferation
policy of the United States; an explanation of the
precise reasons why progress has not been made on any
particular point and recommendations with respect to
appropriate measures to encourage progress; and a
statement of what legislative modifications, if any,
are necessary in his judgment to achieve the non-
proliferation policy of the United States;
(3) a determination as to which non-nuclear-weapon
states with which the United States has an agreement
for cooperation in effect or under negotiation, if any,
have--
(A) detonated a nuclear device; or
(B) refused to accept the safeguards of the
IAEA on all of their peaceful nuclear
activities; or
(C) refused to give specific assurances that
they will not manufacture or otherwise acquire
any nuclear explosive device; or
(D) engaged in activities involving source or
special nuclear material and having direct
significance for the manufacture or acquisition
of nuclear explosive devices;
(4) an assessment of whether any of the policies set
forth in this Act have, on balance, been
counterproductive from the standpoint of preventing
proliferation; \37\
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\37\ Sec. 811(1) of the Nuclear Proliferation Prevention Act of
1994 (title VIII of Public Law 103-236; 108 Stat. 507) struck out
``and'' after the semicolon in para. (4), and sec. 811(2) of that Act
struck out the period at the end of para. 5 and inserted in lieu
thereof a semicolon. Sec. 811(3) added para. (6) and a concluding
paragraph for subsec. (a) following para. (6).
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(5) a description of the progress made toward
establishing procedures to facilitate the timely
processing of requests for subsequent arrangements and
export licenses in order to enhance the reliability of
the United States in meeting its commitments to supply
nuclear reactors and fuel to nations which adhere to
effective non-proliferation policies; \37\
(6) \37\ a description of the implementation of
nuclear and nuclear-related dual use export controls in
the preceding calendar year, including a summary by
type of commodity and destination of--
(A) all transactions for which--
(i) an export license was issued for
any good controlled under section
309(c) of this Act;
(ii) an export license was issued
under section 109 b. of the 1954 Act;
(iii) approvals were issued under the
Export Administration Act of 1979, or
section 109 b.(3) of the 1954 Act, for
the retransfer of any item, technical
data, component, or substance; or
(iv) authorizations were made as
required by section 57 b.(2) of the
1954 Act to engage, directly or
indirectly, in the production of
special nuclear material;
(B) each instance in which--
(i) a sanction has been imposed under
section 821(a) or section 824 of the
Nuclear Proliferation Prevention Act of
1994 or section 102(b)(1) of the Arms
Export Control Act;
(ii) sales or leases have been denied
under section 3(f) of the Arms Export
Control Act or transactions prohibited
by reason of acts relating to
proliferation of nuclear explosive
devices as described in section 40(d)
of that Act;
(iii) a sanction has not been imposed
by reason of section 821(c)(2) of the
Nuclear Proliferation Prevention Act of
1994 or the imposition of a sanction
has been delayed under section
102(b)(4) of the Arms Export Control
Act; or
(iv) a waiver of a sanction has been
made under--
(I) section 821(f) or section
824 of the Nuclear
Proliferation Prevention Act of
1994,
(II) section 620E(d) of the
Foreign Assistance Act of 1961,
or paragraph (5) or (6)(B) of
section 102(b) of the Arms
Export Control Act,
(III) section 40(g) of the
Arms Export Control Act with
respect to the last sentence of
section 40(d) of that Act, or
(IV) section 614 of the
Foreign Assistance Act of 1961
with respect to section 620E of
that Act or section 3(f), the
last sentence of section 40(d),
or 102(b)(1) of the Arms Export
Control Act; and
(C) the progress of those independent states
of the former Soviet Union that are non-
nuclear-weapon states and of the Baltic states
towards achieving the objective of applying
full scope safeguards to all their peaceful
nuclear activities.
Portions of the information required by paragraph (6) may be
submitted in classified form, as necessary. Any such
information that may not be published or disclosed under
section 12(c)(1) of the Export Administration Act of 1979 shall
be submitted as confidential.\37\
(b) In the first report required by this section, the
President shall analyze each civil agreement for cooperation
negotiated pursuant to section 123 of the 1954 Act, and shall
discuss the scope and adequacy of the requirements and
obligations relating to safeguards and other controls therein.
additional reports
Sec. 602.\38\ (a) The annual reports to the Congress by the
Commission and the Department of Energy which are otherwise
required by law shall also include views and recommendations
regarding the policies and actions of the United States to
prevent proliferation which are the statutory responsibility of
those agencies. The Department's report shall include a
detailed analysis of the proliferation implications of advanced
enrichment and reprocessing techniques, advanced reactors, and
alternative nuclear fuel cycles. This part of the report shall
include a comprehensive version which includes any relevant
classified information and a summary unclassified version.
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\38\ 22 U.S.C. 3282.
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(b) The reporting requirements of this title are in
addition to and not in lieu of any other reporting requirements
under applicable law.
(c) \39\ (1) The Department of State, the Department of
Defense, the Department of Commerce, the Department of Energy,
the Commission, and, with regard to subparagraph (B), the
Director of Central Intelligence, shall keep the Committees on
Foreign Relations and Governmental Affairs of the Senate and
the Committee on International Relations of the House of
Representatives fully and currently informed with respect to--
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\39\ Sec. 1131 of the National Security and Corporate Fairness
under the Biological Weapons Convention Act (chapter 2 of title XI of
H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-
113 (113 Stat. 1536) amended and restated subsec. (c). It formerly read
as follows:
``(c) The Department of State, the Department of Defense, the
Department of Commerce, the Department of Energy, and the Commission
shall keep the Committees on Foreign Relations and Governmental Affairs
of the Senate and the Committee on International Relations of the House
of Representatives fully and currently informed with respect to their
activities to carry out the purposes and policies of this Act and to
otherwise prevent proliferation, and with respect to the current
activities of foreign nations which are of significance from the
proliferation standpoint.''.
Sec. 1134 of that Act, furthermore, provided the following:
---------------------------------------------------------------------------
``sec. 1134. 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) of (d) of section 602 of such Act.
``(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.''.
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(A) their activities to carry out the purposes and
policies of this Act and to otherwise prevent
proliferation, including the proliferation of nuclear,
chemical, or biological weapons, or their means of
delivery; and
(B) the current activities of foreign nations which
are of significance from the proliferation standpoint.
(2) For the purposes of this subsection with respect to
paragraph (1)(B), the phrase ``fully and currently informed''
means the transmittal of credible information not later than 60
days after becoming aware of the activity concerned.
(d) Any classified portions of the reports required by this
Act shall be submitted to the Senate Foreign Relations
Committee and the House International Relations Committee.
(e) Three years after enactment of this Act, the
Comptroller General shall complete a study and report to the
Congress on the implementation and impact of this Act on the
nuclear non-proliferation policies, purposes, and objectives of
this Act. The Secretaries of State, Energy, Defense, and
Commerce and the Commission \40\ shall cooperate with the
Comptroller General in the conduct of the study. The report
shall contain such recommendations as the Comptroller General
deems necessary to support the nuclear non-proliferation
policies, purposes, and objectives of this Act.
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\40\ Sec. 1225(e)(6)(B) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-775) struck out ``and the Director'' at this
point.
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(f) \41\ (1) The Secretary of Defense shall have access, on
a timely basis, to all information regarding nuclear
proliferation matters which the Secretary of State or the
Secretary of Energy has or is entitled to have. Such access
shall include access to all communications, materials,
documents, and records relating to nuclear proliferation
matters.
---------------------------------------------------------------------------
\41\ Sec. 1370 of the National Defense Authorization Act for Fiscal
Year 1987 (Public Law 99-661; 100 Stat. 4004) added subsec. (f).
---------------------------------------------------------------------------
(2) This subsection does not apply to any intradepartmental
document of the Department of State or the Department of
Energy, or any portion of such document, that is solely
concerned with internal, confidential advice on policy
concerning the conduct of interagency deliberations on nuclear
proliferation matters.
saving clause
Sec. 603.\42\ (a) All orders, determinations, rules,
regulations, permits, contracts, agreements, certificates,
licenses, and privileges--
---------------------------------------------------------------------------
\42\ 42 U.S.C. 2153f.
---------------------------------------------------------------------------
(1) which have been issued, made, granted, or allowed
to become effective in the exercise of functions which
are the subject of this Act, by (i) any agency or
officer, or part thereof, in exercising the functions
which are affected by this Act, or (ii) any court of
competent jurisdiction, and
(2) which are in effect at the time this Act takes
effect,
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or repealed as the
case may be, by the parties thereto or by any court of
competent jurisdiction.
(b) Nothing in this Act shall affect the procedures or
requirements applicable to agreements for cooperation entered
into pursuant to section 91 c., 144 b., or 144 c. of the 1954
Act or arrangements pursuant thereto as it was in effect
immediately prior to the date of enactment of this Act.
(c) Except where otherwise provided, the provisions of this
Act shall take effect immediately upon enactment regardless of
any requirement for the promulgation of regulations to
implement such provisions.
(2) Functions Relating to Nuclear Non-Proliferation
Executive Order 12058, May 11, 1978, 43 F.R. 20947, 22 U.S.C. 3201 note
By virtue of the authority vested in me by the Nuclear Non-
Proliferation Act of 1978 (Public Law 95-242, 92 Stat. 120, 22
U.S.C. 3201) and the Atomic Energy Act of 1954, as amended (42
U.S.C. 2011 et seq.), and Section 301 of Title 3 of the United
States Code, and as President of the United States of America,
it is hereby ordered as follows:
Section 1. Department of Energy. The following functions
vested in the President by the Nuclear Non-Proliferation Act of
1978 (92 Stat. 120, 22 U.S.C. 3201), hereinafter referred to as
the Act, and by the Atomic Energy Act of 1954, as amended (42
U.S.C. 2011 et seq.), hereinafter referred to as the 1954 Act,
are delegated or assigned to the Secretary of Energy:
(a) That function vested by Section 402(b) of the Act (92
Stat. 145, 42 U.S.C. 2153a).
(b) Those functions vested by Sections 131a(2)(G), 131b(1),
and 131f(2) of the 1954 Act (92 Stat. 127, 42 U.S.C. 2160).
(c) That function vested by Section 131f(1)(A)(ii) of the
1954 Act to the extent it relates to the preparation of a
detailed generic plan.
Sec. 2. Department of State. The Secretary of State shall
be responsible for performing the following functions vested in
the President:
(a) Those functions vested by Sections 104(a), 104(d), 105,
403, 404, 407, and 501 of the Act (92 Stat. 122, 123, 146, 147,
and 22 U.S.C. 3223(a), 3223(d), 3224, and 42 U.S.C. 2153b,
2153c, 2153e, and 22 U.S.C. 3261).
(b) That function vested by Section 128a(2) of the 1954 Act
(92 Stat. 137, 42 U.S.C. 2157(a)(2)).
(c) That function vested by Section 601 of the Act to the
extent it relates to the preparation of an annual report.
(d) The preparation of timely information and
recommendations related to the President's functions vested by
Sections 126, 128b, and 129 of the 1954 Act (92 Stat. 131, 137,
and 138, 42 U.S.C. 2155, 2157, and 2158).
(e) That function vested by Section 131c of the 1954 Act
(92 Stat. 129, 42 U.S.C. 2160(c)); except that, the Secretary
shall not waive the 60-day requirement for the preparation of a
Nuclear Non-Proliferation Assessment Statement for more than 60
days without the approval of the President.
Sec. 3. Department of Commerce. The Secretary of Commerce
shall be responsible for performing the function vested in the
President by Section 309(c) of the Act (92 Stat. 141, 42 U.S.C.
2139a).
Sec. 4. Coordination. In performing the functions assigned
to them by this Order, the Secretary of Energy and the
Secretary of State shall consult and coordinate their actions
with each other and with the heads of other concerned agencies.
Sec. 5. General Provisions. (a) Executive Order No. 11902
of February 2, 1976, entitled ``Procures for an Export
Licensing Policy as to Nuclear Materials and Equipment,'' is
revoked.
(b) The performance of functions under either the Act or
the 1954 Act shall not be delayed pending the development of
procedures, even though as many as 120 days are allowed for
establishing them. Except where it would be inconsistent to do
so, such functions shall be carried out in accordance with
procedures similar to those in effect immediately prior to the
effective date of the Act.
(3) Export of Nuclear Material
(A) U.S. Exports of Low-Enriched Uranium Fuel
Public Law 96-280 [S.J. Res. 89], 94 Stat. 550, approved June 18, 1980
JOINT RESOLUTION Permitting the supply of additional low enriched
uranium fuel under international agreements for cooperation in the
civil uses of nuclear energy, and for other purposes.
Whereas the Nuclear Non-Proliferation Act of 1978 urges the
United States to provide a reliable supply of nuclear fuel
to those nations which adhere to policies designed to
prevent the proliferation of nuclear weapons; and
Whereas the United States, in order to achieve the goals of
that Act should be able to continue to supply low-enriched
uranium fuel to nations that have entered into good faith
negotiations as called for in section 404(a) of the Act;
and
Whereas pending such negotiations, limitations now contained in
certain agreements for cooperation on the amount of low-
enriched uranium which may be supplied thereunder are
insufficient to permit adequate assurance of supplies: Now,
therefore, be it
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1.\1\ Limits contained in agreements for
cooperation on the amount of low-enriched uranium which may be
transferred by or exported from the United States pursuant
thereto shall not be construed to preclude transfer or export
of amounts of low-enriched uranium in excess of such limits to
nations which are parties to the Treaty on the Non-
Proliferation of Nuclear Weapons.
---------------------------------------------------------------------------
\1\ 42 U.S.C. 2153c note.
---------------------------------------------------------------------------
Sec. 2.\1\ (a) The terms used in this joint resolution
shall have the meanings ascribed to them by the Atomic Energy
Act of 1954 and by the Nuclear Non-Proliferation Act of 1978.
(b) The term ``low-enriched uranium'' means uranium
enriched to less than 20 per centum in the isotope 235.
(B) Export of Special Nuclear Material and Components to India
Executive Order 12218, June 19, 1980, 45 F.R. 41625, 42 U.S.C. 2155
note
By the authority vested in me as President by the
Constitution and statutes of the United States of America,
including Section 126b. (2) of the Atomic Energy Act of 1954,
as amended (42 U.S.C. 2155(b)(2)), and having determined that
withholding the exports proposed pursuant to Nuclear Regulatory
Commission export license applications XSNM-1379, XSNM-1569,
XCOM-0240, XCOM-0250, XCOM-0376, XCOM-0381 and XCOM-0395, would
be seriously prejudicial to the achievement of United States
non-proliferation objectives and would otherwise jeopardize the
common defense and security, those exports to India are
authorized; however, such exports shall not occur for a period
of 60 days as defined by Section 130 g. of the Atomic Energy
Act of 1954, as amended (42 U.S.C. 2159(g)).
(C) Export of Special Nuclear Material to India
Executive Order 12055, April 27, 1978, 43 F.R. 18157, 42 U.S.C. 2155
note
By virtue of the authority vested in me as President by the
Constitution of the United States of America and by Section
126b(2) of the Atomic Energy Act of 1954 (42 U.S.C. 2155), as
amended by Section 304(a) of the Nuclear Non-Proliferation Act
of 1978 (Public Law 95-242, 92 Stat. 131), and having
determined that withholding the export proposed pursuant to
Nuclear Regulatory Commission export license application XSNM-
1060 would be seriously prejudicial to the achievement of the
United States non-proliferation objectives, that export to
India is authorized; however, such export shall not occur for a
period of 60 days as defined by Section 130g of the Atomic
Energy Act of 1954, as amended.
(4) Department of Energy Act of 1978--Civilian Applications
Partial text of Public Law 95-238 [S. 1340], 92 Stat. 47 at 59 and 75,
approved February 25, 1978
AN ACT To authorize appropriations to the Department of Energy, for
energy research, development, and demonstration, and related programs
in accordance with section 261 of the Atomic Energy Act of 1954, as
amended, section 305 of the Energy Reorganization Act of 1974, and
section 16 of the Federal Non-Nuclear Energy Research and Development
Act of 1974, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act may be cited as the ``Department of Energy Act of 1978--
Civilian Applications''.
* * * * * * *
Sec. 203.\1\ The Secretary of Energy, in cooperation with
the Secretary of State, shall report to the Committees on
Science and Technology and International Relations of the House
of Representatives and the Committees on Energy and Natural
Resources and Foreign Relations of the Senate, within six
months after the date of the enactment of this Act, on the
effects of the April 20, 1977, message from the President of
the United States, ``Establishing for the United States a
Strong and Effective Nuclear Non-Proliferation Policy'', on
nuclear research and development cooperative agreements. This
report shall include impacts of the message and related
initiatives through the promulgation, repeal, or modification
of Executive orders, Presidential proclamation, treaties, other
international agreements, and other pertinent documents of the
President, the Executive Office of the President, the
administrative agencies, and the departments, on cooperation
between the United States and any other nation in the research,
development, demonstration, and commercialization of all
nuclear fission and nuclear fusion technologies. After the
initial report, the Administrator shall report to such
Committees on each subsequent major related initiative.
---------------------------------------------------------------------------
\1\ Formerly at 22 U.S.C. 2429 note. Former sec. 2429 dealt with
safeguards and prohibitions concerning U.S. assistance to countries
providing or receiving nuclear enrichment transfers to or from other
states. Sec. 826(b) of the Nuclear Proliferation Prevention Act of 1994
(title VIII of Public Law 103-236; 108 Stat. 519) repealed 22 U.S.C.
2429.
---------------------------------------------------------------------------
* * * * * * *
Sec. 208.\2\ (a) The Secretary of Energy shall--
---------------------------------------------------------------------------
\2\ 42 U.S.C. 5556a.
---------------------------------------------------------------------------
(1) * * *
(2) * * *
(3) initiate and conduct a study involving the
prospects for applications of solar photovoltaic energy
systems for power generation in foreign countries,
particularly lesser developed countries, and the
potential for the exportation of these energy systems.
This study shall involve the cooperation of the
Department of State and the Department of Commerce, as
well as other Federal agencies which the Secretary of
Energy deems appropriate. A final report shall be
submitted to the Congress, as well as a preliminary
report within twelve months of the enactment of this
Act * * *
* * * * * * *
x. Atomic Energy Act and Related Materials
(1) Atomic Energy Act of 1954, as amended
Partial text of Public Law 83-703 [H.R. 9757], 68 Stat. 919, approved
August 30, 1954; as amended by Public Law 84-337 [H.R. 7684], 69 Stat.
630, approved August 9, 1955; Public Law 84-722 [H.R. 11926], 70 Stat.
553, approved July 14, 1956; Public Law 84-1006 [S. 4203], 70 Stat.
1069, approved August 6, 1956; Public Law 85-14 [H.R. 5866], 71 Stat.
11, approved April 12, 1957; Public Law 85-79 [S. 2243], 71 Stat. 274,
approved July 3, 1957; Public Law 85-162 [H.R. 8996], 71 Stat. 410,
approved August 21, 1957; Public Law 85-177 [International Atomic
Energy Participation Act of 1957; H.R. 8992], 71 Stat. 453, approved
August 28, 1957; Public Law 85-256 [H.R. 7383], 71 Stat. 576, approved
September 2, 1957; Public Law 85-287 [H.R. 8994], 71 Stat. 612,
approved September 4, 1957; Public Law 85-479 [H.R. 12716], 72 Stat.
276, approved July 2, 1958; Public Law 85-507 [Government Employees
Training Act; S. 385], 72 Stat. 327, approved July 7, 1958; Public Law
85-602 [S. 4165], 72 Stat. 525, approved August 8, 1958; Public Law 85-
681 [H.R. 13482], 72 Stat. 632, approved August 19, 1958; Public Law
85-744 [H.R. 13455], 72 Stat. 837, approved August 23, 1958; Public Law
86-43 [S. 1197], 73 Stat. 73, approved June 11, 1959; Public Law 86-50
[S. 2094], 73 Stat. 81, approved June 23, 1959; Public Law 86-300 [S.
2569], 73 Stat. 574, approved September 21, 1959; Public Law 86-373 [S.
2568], 73 Stat. 688, approved September 23, 1959; Public Law 87-206
[H.R. 8599], 75 Stat. 476, approved September 6, 1961; Public Law 87-
615 [S. 3491], 76 Stat. 409, approved August 29, 1962; Public Law 87-
793 [Postal Service and Federal Employees Salary Act of 1962; H.R.
7927], 76 Stat. 832, approved October 11, 1962; Public Law 88-72 [S.
1745], 77 Stat. 84, approved July 22, 1963; Public Law 88-294 [S.
2448], 78 Stat. 172, approved March 26, 1964; Public Law 88-394 [S.
2963], 78 Stat. 376, approved August 1, 1964; Public Law 88-426
[Government Employees Salary Reform Act of 1964; H.R. 11049], 78 Stat.
423, approved August 14, 1964; Public Law 88-448 [Dual Compensation
Act; H.R. 7381], 78 Stat. 484, approved August 19, 1964; Public Law 88-
489 [Private Ownership of Special Nuclear Materials Act; S. 3075], 78
Stat. 602, approved August 26, 1964; Public Law 89-135 [H.R. 8856], 79
Stat. 551, approved August 24, 1965; Public Law 89-210 [S. 2042], 79
Stat. 855, approved September 29, 1965; Public Law 89-645 [S. 3830], 80
Stat. 891, approved October 13, 1966; Public Law 90-190 [S. 2644], 81
Stat. 575, approved December 14, 1967; Public Law 91-161 [S. 3169], 83
Stat. 444, approved December 24, 1969; Public Law 91-452 [Organized
Crime Control Act of 1970; S. 30], 84 Stat. 922, approved October 15,
1970; Public Law 91-560 [H.R. 18679], 84 Stat. 1472, approved December
19, 1970; Public Law 92-84 [H.R. 9388], 85 Stat. 304, approved August
11, 1971; Public Law 92-307 [H.R. 14655], 86 Stat. 191, approved June
2, 1972; Public Law 92-314 [S. 3607], 86 Stat. 227, approved June 16,
1972; Public Law 93-377 [S. 3669], 88 Stat. 472, approved August 17,
1974; Public Law 93-438 [Energy Reorganization Act of 1974; H.R.
11510], 88 Stat. 1233, approved October 11, 1974; Public Law 93-485 [S.
3698], 88 Stat. 1460, approved October 26, 1974; Public Law 93-514 [S.
3802], 88 Stat. 1611, approved December 6, 1974; Public Law 94-197
[H.R. 8631], 89 Stat. 1111, approved December 31, 1975; Public Law 95-
110 [S. 1153], 91 Stat. 884, approved September 20, 1977; Public Law
95-242 [Nuclear Nonproliferation Act of 1978; H.R. 8638], 92 Stat. 120,
approved March 10, 1978; Public Law 95-601 [S. 2584], 92 Stat. 2947,
approved November 6, 1978; Public Law 95-604 [Uranium Mill Tailings
Radiation Control Act of 1978; H.R. 13650], 92 Stat. 3021, approved
November 8, 1978; Public Law 96-106 [Surface Transportation Assistance
Act of 1978; H.R. 4249], 93 Stat. 796, approved November 9, 1978;
Public Law 96-295 [S. 562], 94 Stat. 780,
approved June 30, 1980; Public Law 97-90 [Department of Energy
National Security and Military Applications of Nuclear Energy
Authorization Act of 1982; H.R. 3413], 95 Stat. 1163, approved December
4, 1983; Public Law 97-164 [Federal Courts Improvement Act; H.R. 4482],
96 Stat. 25, approved April 2, 1982; Public Law 97-415 [H.R. 2330], 96
Stat. 2067, approved January 4, 1983; Public Law 99-64 [Export
Administration Act of 1985; S. 883], 99 Stat. 120, approved July 12,
1985; Public Law 99-399 [Omnibus Diplomatic Security and Antiterrorism
Act of 1986; H.R. 4151], 100 Stat. 853, approved August 27, 1986;
Public Law 100-408 [Price-Anderson Amendments Act of 1988; H.R. 1414],
102 Stat. 1066, approved August 20, 1988; Public Law 101-189 [National
Defense Authorization Act for Fiscal Years 1990 and 1991; H.R. 2461],
103 Stat. 1352, approved November 29, 1989; Public Law 101-575 [Solar,
Wind, Waste, and Geothermal Power Production Incentives Act of 1990;
H.R. 4808], 104 Stat. 2834, approved November 15, 1990; Public Law 102-
484 [National Defense Authorization Act for Fiscal Year 1993; H.R.
5006], 106 Stat. 2315, approved October 23, 1992; Public Law 102-486
[Energy Policy Act of 1992; H.R. 776], 106 Stat. 2776, approved October
24, 1992; Public Law 103-160 [National Defense Authorization Act for
Fiscal Year 1994; H.R. 2401], 107 Stat. 1547, approved November 30,
1993; 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 103-337 [National Defense Authorization Act for Fiscal
Year 1995; S. 2182], 108 Stat. 2663, approved October 5, 1994; Public
Law 103-437 [U.S.C. Technical Amendments; H.R. 4777], 108 Stat. 4581,
approved November 2, 1994; Public Law 104-106 [National Defense
Authorization Act for Fiscal Year 1996; S. 1124], 110 Stat. 186,
approved February 10, 1996; Public Law 104-134 [USEC Privatization Act,
subchapter A of chapter 1 of title III of the Omnibus Consolidated
Rescissions and Appropriations Act of 1996; H.R. 3019], 110 Stat. 1321,
approved April 26, 1996; Public Law 104-184 [House of Representatives
Administrative Reform Technical Corrections Act; H.R. 2739], 110 Stat.
1718, approved August 20, 1996; Public Law 105-85 [National Defense
Authorization Act for Fiscal Year 1998; H.R. 1119], 111 Stat. 1629,
approved November 18, 1997; Public Law 105-277 [Omnibus Consolidated
and Emergency Supplemental Appropriations Act, 1999; H.R. 4328], 112
Stat. 2681, approved October 21, 1998; Public Law 106-65 [National
Defense Authorization Act for Fiscal Year 2000; S. 1059], 113 Stat.
512, approved October 5, 1999; Public Law 108-458 [Intelligence Reform
and Terrorism Prevention Act of 2004; S. 2845], 118 Stat. 3638,
approved December 17, 2004; Public Law 109-58 [Energy Policy Act 2005;
H.R. 6], 119 Stat. 594, approved August 8, 2005; and Public Law 110-369
[United States-India Nuclear Cooperation Approval and Nonproliferation
Enhancement Act; H.R. 7081], 122 Stat. 4028, approved October 8, 2008
--------------------------------------------------------------------------------------------------------------------------------------------------------
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Note.--The Atomic Energy Commission was abolished and its functions were transferred to the Certain functions of the Nuclear Regulatory Commission were transferred to the Chairman thereof. See
Reorganization Plan No. 1 of 1980 (45 F.R. 40561; 94 Stat. 3585; 42 U.S.C. 5841 note).--------------------------------------------------------------------------------------------------------------------------------------------------------
AN ACT To amend the Atomic Energy Act of 1946, as amended, 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
Atomic Energy Act of 1946, as amended, is amended to read as
follows:
ATOMIC ENERGY ACT OF 1954
TITLE I--ATOMIC ENERGY \1\
Chapter 1. Declaration, Findings, and Purpose
Section 1.\2\ Declaration.--Atomic energy is capable of
application for peaceful as well as military purposes. It is
therefore declared to be the policy of the United States that--
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\1\ Sec. 902(a)(8) of the Energy Policy Act of 1992 (Public Law
102-486; 106 Stat. 2944) inserted title designation, and sec. 901 of
that Act added ``Title II--United States Enrichment Corporation'' at 42
U.S.C. 2297 et seq.
\2\ 42 U.S.C. 2011.
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a. the development, use, and control of atomic energy
shall be directed so as to make the maximum
contribution to the general welfare, subject at all
times to the paramount objective of making the maximum
contributions to the common defense and security; and
b. the development, use, and control of atomic energy
shall be directed so as to promote world peace, improve
the general welfare, increase the standard of living,
and strengthen free competition in private enterprise.
Sec. 2.\3\ Findings.--The Congress of the United States
hereby makes the following findings concerning the development,
use, and control of atomic energy:
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\3\ 42 U.S.C. 2012. Sec. 20 of the Private Ownership of Special
Nuclear Materials Act (Public Law 88-489; 78 Stat. 602) read as
follows:
``Nothing in this Act shall be deemed to diminish existing
authority of the United States, or of the Atomic Energy Commission
under the Atomic Energy Act of 1954, as amended, to regulate source,
byproduct, and special nuclear material and production and utilization
facilities, or to control such materials and facilities exported from
the United States by imposition of governmental guarantees and security
safeguards with respect thereto, in order to assure the common defense
and security and to protect the health and safety of the public, or to
reduce the responsibility of the Atomic Energy Commission to achieve
such objectives.''.
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a. The development, utilization, and control of atomic
energy for military and for all other purposes are vital to the
common defense and security.
c.\4\ The processing and utilization of source, byproduct,
and special nuclear material affect interstate and foreign
commerce and must be regulated in the national interest.
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\4\ Sec. 1 of Public Law 88-489 (78 Stat. 602) deleted subsec. b.,
which formerly read as follows:
``b. In permitting the property of the United States to be used by
others, such use must be regulated in the national interest and in
order to provide for the common defense and security and to protect the
health and safety of the public.''.
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d. The processing and utilization of source, byproduct, and
special nuclear material must be regulated in the national
interest and in order to provide for the common defense and
security and to protect the health and safety of the public.
e. Source and special nuclear material, production
facilities, and utilization facilities are affected with the
public interest, and regulation by the United States of the
production and utilization of atomic energy and of the
facilities used in connection therewith is necessary in the
national interest to assure the common defense and security and
to protect the health and safety of the public.
f. The necessity for protection against possible interstate
damage occurring from the operation of facilities for the
production or utilization of source or special nuclear material
places the operation of those facilities in interstate commerce
for the purposes of this Act.
g. Funds of the United States may be provided for the
development and use of atomic energy under conditions which
will provide for the common defense and security and promote
the general welfare.
i.\5\ In order to protect the public and to encourage the
development of the atomic energy industry, in the interest of
the general welfare and of the common defense and security, the
United States may make funds available for a portion of the
damages suffered by the public from nuclear incidents, and may
limit the liability of those persons liable for such losses.
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\5\ Sec. 2 of Public Law 88-489 (78 Stat. 602) deleted subsec. h.,
which formerly read as follows:
``h. It is essential to the common defense and security that title
to all special nuclear material be in the United States while such
special material is within the United States.''.
Sec. 1 of Public Law 88-256 (71 Stat. 576) (1957) added subsec. i.
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Sec. 3.\6\ Purpose.--It is the purpose of this Act to
effectuate the policies set forth above by providing for--
---------------------------------------------------------------------------
\6\ 42 U.S.C. 2013.
---------------------------------------------------------------------------
a. a program of conducting, assisting, and fostering
research and development in order to encourage maximum
scientific and industrial progress;
b. a program for the dissemination of unclassified
scientific and technical information and for the
control, dissemination, and declassification of
Restricted Data, subject to appropriate safeguards, so
as to encourage scientific and industrial progress;
c.\7\ a program for Government control of the
possession, use, and production of atomic energy and
special nuclear material, whether owned by the
Government or others, so directed as to make the
maximum contributions to the common defense and
security and the national welfare, and to provide
continued assurance of the Government's ability to
enter into and enforce agreements with nations or
groups of nations for the control of special nuclear
materials and atomic weapons;
---------------------------------------------------------------------------
\7\ Sec. 3 of Public Law 88-489 (78 Stat. 602) amended subsec. c.,
which formerly read as follows:
``c. A program for Government control of the possession, use, and
production of atomic energy and special nuclear material so directed as
to make the maximum contribution to the common defense and security and
the national welfare;''.
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d. a program to encourage widespread participation in
the development and utilization of atomic energy for
peaceful purposes to the maximum extent consistent with
the common defense and security and with the health and
safety of the public;
e. a program of international cooperation to promote
the common defense and security and to make peaceful
applications of atomic energy as widely as expanding
technology and considerations of the common defense and
security will permit; and
f. a program of administration which will be
consistent with the foregoing policies and programs,
with international arrangements, and with agreements
for cooperation, which will enable the Congress to be
currently informed so as to take further legislative
action as may be appropriate.
Chapter 2. Definitions
Sec. 11.\8\ Definitions.--The intent of Congress in the
definitions as given in this section should be construed from
the words or phrases used in the definitions. As used in this
Act:
---------------------------------------------------------------------------
\8\ 42 U.S.C. 2014.
---------------------------------------------------------------------------
a. The term ``agency of the United States'' means the
executive branch of the United States, or any Government
agency, or the legislative branch of the United States, or any
agency, committee, commission, office, or other establishment
in the legislative branch, or the judicial branch of the United
States, or any office, agency, committee, commission, or other
establishment in the judicial branch.
b. The term ``agreement for cooperation'' means any
agreement with another nation or regional defense organization
authorized or permitted by sections 54, 57, 64, 82, 91 c.,\9\
103, 104, or 144, and made pursuant to section 123.
---------------------------------------------------------------------------
\9\ Sec. 2 of Public Law 87-206 (75 Stat. 476) restated subsec. b.,
adding a reference to sec. 91 c.
---------------------------------------------------------------------------
c. The term ``atomic energy'' means all forms of energy
released in the course of nuclear fission or nuclear
transformation.
d. The term ``atomic weapon'' means any device utilizing
atomic energy, exclusive of the means for transporting or
propelling the device (where such means is a separable and
divisible part of the device), the principal purpose of which
is for use as, or for development of, a weapon, a weapon
prototype, or a weapon test device.
e.\10\ The term ``byproduct material'' means--
---------------------------------------------------------------------------
\10\ Sec. 201 of Public Law 95-604 (92 Stat. 3033) amended and
restated subsec. e. The former definition of ``byproduct material''
included only the text found in para. (1) of the current subsec. e.
---------------------------------------------------------------------------
(1) any radioactive \11\ material (except special
nuclear material) yielded in or made radioactive by
exposure to the radiation incident to the process of
producing or utilizing special nuclear material;
---------------------------------------------------------------------------
\11\ Sec. 651(e)(1)(A) of the Energy Policy Act of 2005 (subtitle B
of title VI of Public Law 109-58; 119 Stat. 806) struck out ``means (1)
any radioactive'' and inserted in lieu thereof
---------------------------------------------------------------------------
``means--
``(1) any radioactive''.
(2) the tailings \12\ or wastes produced by the
extraction or concentration of uranium or thorium from
any ore processed primarily for its source material
content;\13\
---------------------------------------------------------------------------
\12\ Sec. 651(e)(1)(B) of the Energy Policy Act of 2005 (subtitle B
of title VI of Public Law 109-58; 119 Stat. 806) struck out ``material,
and (2) the tailings'' and inserted in lieu thereof
---------------------------------------------------------------------------
``material;
``(2) the tailings''.
---------------------------------------------------------------------------
\13\ Sec. 651(e)(1)(C) of the Energy Policy Act of 2005 (subtitle B
of title VI of Public Law 109-58; 119 Stat. 806) struck out
``content.'' and inserted in lieu thereof
---------------------------------------------------------------------------
``content;
``(3)(A) any discrete source of radium-226 that is produced, * * * ''
and so on through the end of para. (4) of subsec. e.
(3)(A) any discrete source of radium-226 that is
produced, extracted, or converted after extraction,
before, on, or after the date of enactment of this
paragraph for use for a commercial, medical, or
research activity; or
(B) any material that--
(i) has been made radioactive by use of a
particle accelerator; and
(ii) is produced, extracted, or converted
after extraction, before, on, or after the date
of enactment of this paragraph for use for a
commercial, medical, or research activity; and
(4) any discrete source of naturally occurring
radioactive material, other than source material,
that--
(A) the Commission, in consultation with the
Administrator of the Environmental Protection
Agency, the Secretary of Energy, the Secretary
of Homeland Security, and the head of any other
appropriate Federal agency, determines would
pose a threat similar to the threat posed by a
discrete source of radium-226 to the public
healthand safety or the common defense and
security; and
(B) before, on, or after the date of
enactment of this paragraph is extracted or
converted after extraction for use in a
commercial, medical, or research activity.
f. The term ``Commission'' means the Atomic Energy
Commission.
g. The term ``common defense and security'' means the
common defense and security of the United States.
h. The term ``defense information'' means any information
in any category determined by any Government agency authorized
to classify information, as being information respecting,
relating to, or affecting the national defense.
i. The term ``design'' means (1) specifications, plans,
drawings, blueprints, and other items of like nature; (2) the
information contained therein; or (3) the research and
development data pertinent to the information contained
therein.
j.\14\ The term ``extraordinary nuclear occurrence'' means
any event causing a discharge or dispersal of source, special
nuclear, or byproduct material from its intended place of
confinement in amounts offsite, or causing radiation levels
offsite, which the Nuclear Regulatory Commission or the
Secretary of Energy, as appropriate,\15\ determines to be
substantial, and which the Nuclear Regulatory Commission or the
Secretary of Energy, as appropriate,\15\ determines has
resulted or will probably result in substantial damages to
persons offsite or property offsite. Any determination by the
Nuclear Regulatory Commission or the Secretary of Energy, as
appropriate,\15\ that such an event has, or has not, occurred
shall be final and conclusive, and no other official or any
court shall have power or jurisdiction to review any such
determination. The Nuclear Regulatory Commission or the
Secretary of Energy, as appropriate,\15\ shall establish
criteria in writing setting forth the basis upon which such
determination shall be made. As used in this subsection,
``offsite'' means away from ``the location'' or ``the contract
location'' as defined in the applicable Nuclear Regulatory
Commission or the Secretary of Energy, as appropriate,\15\
indemnity agreement, entered into pursuant to section 170.
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\14\ Sec. 1 of Public Law 98-645 (80 Stat. 891) added subsecs. j.
and m.
\15\ Sec. 16(b)(1) of Public Law 100-408 (102 Stat. 1079) struck
out ``Commission'' and inserted in lieu thereof ``Nuclear Regulatory
Commission or the Secretary of Energy, as appropriate,''.
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k.\16\ The term ``financial protection'' means the ability
to respond in damages for public liability and to meet the
costs of investigating and defending claims and settling suits
for such damages.
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\16\ Sec. 3 of Public Law 85-256 (71 Stat. 576) added subsec. k.
---------------------------------------------------------------------------
l. The term ``Government agency'' means any executive
department, commission, independent establishment, corporation,
wholly or partly owned by the United States of America 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 the
Government.
m.\14\ The term ``indemnitor'' means (1) any insurer with
respect to his obligations under a policy of insurance
furnished as proof of financial protection; (2) any licensee,
contractor or other person who is obligated under any other
form of financial protection, with respect to such obligations;
and (3) the Nuclear Regulatory Commission or the Secretary of
Energy, as appropriate,\15\ with respect to any obligation
undertaken by it in an indemnity agreement entered into
pursuant to section 170.
n. The term ``international arrangement'' means any
international agreement hereafter approved by the Congress or
any treaty during the time such agreement or treaty is in full
force and effect, but does not include any agreement for
cooperation.
o.\17\ The term ``Energy Committees'' means the Committee
on Energy and Natural Resources of the Senate and the Committee
on Energy and Commerce of the House of Representatives.
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\17\ Sec. 15(f)(1) of Public Law 103-437 (108 Stat. 4592) amended
sec. 11 o. It formerly referred to the Joint Committee on Atomic
Energy. Sec. 1(a)(4) of Public Law 104-14 (109 Stat. 186) provided that
references to the Committee on Energy and Commerce of the House of
Representatives shall be treated as referring to the Committee on
Commerce of the House of Representatives. Sec. 1(c)(1) of that Act (110
Stat. 187) further provided that any reference in any provision of law
enacted before January 4, 1995, 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.
---------------------------------------------------------------------------
p.\18\ The term ``licensed activity'' means an activity
licensed pursuant to this Act and covered by the provisions of
section 170 a.
---------------------------------------------------------------------------
\18\ Sec. 3 of Public Law 85-256 (71 Stat. 576) added subsec. p.
---------------------------------------------------------------------------
q.\19\ The term ``nuclear incident'' means any occurrence,
including an extraordinary nuclear occurrence \19\ within the
United States causing, within or outside the United States,
bodily injury, sickness, disease, or death, or loss of or
damage to property, or loss of use of property, arising out of
or resulting from the radioactive, toxic, explosive, or other
hazardous properties of source, special nuclear, or byproduct
material: Provided, however, That as the term is used in
section \20\ 170 l., it shall include any such occurrence
outside the United States: And provided further, That as the
term is used in section \20\ 170 d., it shall include any such
occurrence outside the United States if such occurrence
involves source, special nuclear, or byproduct material \21\
owned by, and used by or under contract with, the United
States: And provided further, That as the term is used in
section \20\ 170 c., it shall include any such occurrence
outside both the United States and any other nation if such
occurrence arises out of or results from the radioactive,
toxic, explosive, or other hazardous properties of source,
special nuclear, or byproduct material licensed pursuant to
chapters 6, 7, 8, and 10 of this Act which is used in
connection with the operation of a licensed stationary
production or utilization facility or which moves outside the
territorial limits of the United States in transit from one
person licensed by the Nuclear Regulatory Commission \22\ to
another person licensed by the Nuclear Regulatory
Commission.\21\, \22\
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\19\ Sec. 3 of Public Law 85-256 (71 Stat. 576) originally added
this subsection as subsec. o., and sec. 4 of Public Law 87-615 (76
Stat. 409) subsequently amended and restated this subsection, which
formerly read as follows:
``o. The term `nuclear incident' means any occurrence within the
United States causing bodily injury, sickness, disease, or death, or
loss of or damage to property, or for loss of use of property, arising
out of or resulting from the radioactive, toxic, explosive, or other
hazardous properties of source, special nuclear, or byproduct material:
Provided, however, That as the term is used in subsection 170 l., it
shall mean any such occurrence outside of the United States rather than
within the United States.''.
Sec. 1 of Public Law 89-645 (80 Stat. 891) redesignated subsec. o.
as ``q.'' and inserted ``including an extraordinary nuclear
occurrence''.
\20\ Sec. 16(d)(1) of Public Law 100-408 (102 Stat. 1079) struck
out ``subsection ''and inserted in lieu thereof ``section''.
\21\ Sec. 1 of Public Law 94-197 (89 Stat. 1111) struck out ``a
facility or device'' in the second proviso and inserted in lieu thereof
``source, special nuclear, or byproduct material'', and added the third
proviso.
\22\ Sec. 16(a)(1) of Public Law 100-408 (102 Stat. 1079) struck
out ``Commission'' and inserted in lieu thereof ``Nuclear Regulatory
Commission''.
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r. The term ``operator'' means any individual who
manipulates the controls of a utilization or production
facility.
s. The term ``person'' means (1) any individual,
corporation, partnership, firm, association, trust, estate,
public or private institution, group, Government agency, other
than the Commission, any State or any political subdivision of,
or any political entity within a State, any foreign government
or nation or any political subdivision of any such government
or nation, or other entity; and (2) any legal successor,
representative, agent, or agency of the foregoing.
t.\23\ The term ``person indemnified'' means (1) with
respect to a nuclear incident occurring within the United
States or outside the United States as the term is used in
section \24\ 170 c., and with respect to any other nuclear
incident in connection with the design, development,
construction, operation, repair, maintenance, or use of the
nuclear ship Savannah, the person with whom an indemnity
agreement is executed or who is required to maintain financial
protection, and any other person who may be liable for public
liability or (2) with respect to any other nuclear incident
occurring outside the United States, the person with whom an
indemnity agreement is executed and any other person who may be
liable for public liability by reason of his activities under
any contract with the Secretary of Energy \25\ or any project
to which indemnification under the provisions of section \24\
170 d. has been extended or under any subcontract, purchase
order or other agreement, of any tier, under any such contract
or project.
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\23\ Sec. 3 of Public Law 85-256 (71 Stat. 576) added subsec. t.
Subsequently, sec. 5 of Public Law 87-615 (76 Stat. 409) and sec. 1 of
Public Law 94-197 (89 Stat. 1111) amended the subsection.
\24\ Sec. 16(d)(2) of Public Law 100-408 (102 Stat. 1079) struck
out ``subsection'' and inserted in lieu thereof ``section''.
\25\ Sec. 16(b)(2) of Public Law 100-408 (102 Stat. 1079), struck
out ``Commission'' and inserted in lieu thereof ``Secretary of
Energy''.
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u. The term ``produce'', when used in relation to special
nuclear material, means (1) to manufacture, make, produce, or
refine special nuclear material; (2) to separate special
nuclear material from other substances in which such material
may be contained; or (3) to make or to produce new special
nuclear material.
v. The term ``production facility'' means (1) any equipment
or device determined by rule of the Commission to be capable of
the production of special nuclear material in such quantity as
to be of significance to the common defense and security, or in
such manner as to affect the health and safety of the public;
or (2) any important component part especially designed for
such equipment or device as determined by the Commission.
Except with respect to the export of a uranium enrichment
production facility,\26\ such term as used in chapters 10 and
16 shall not include any equipment or device (or important
component part especially designed for such equipment or
device) capable of separating the isotopes of uranium or
enriching uranium in the isotope 235.\27\
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\26\ Sec. 3116(b) of the USEC Privatization Act (subchapter A,
chapter 1, title III of Public Law 104-134; 110 Stat. 1321-349) struck
out ``or the construction and operation of a uranium enrichment
production facility using Atomic Vapor Laser Isotope Separation
technology'' following ``facility,''.
\27\ Sec. 1102 of the Energy Policy Act of 1992 (Public Law 102-
486; 106 Stat. 2955) amended and restated the last sentence. The former
subsec. v., which sec. 5 of Public Law 101-575 (104 Stat. 2835)
originally added, read as follows:
``v. Except with respect to the export of a uranium enrichment
production facility, such term as used in chapters 10 and 16 shall not
include any equipment or device (or important component part especially
designed for such equipment or device) capable of separating the
isotopes of uranium or enriching uranium in the isotope 235.''.
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w.\28\ The term ``public liability'' means any legal
liability arising out of or resulting from a nuclear incident
or precautionary evacuation (including all reasonable
additional costs incurred by a State, or a political
subdivision of a State, in the course of responding to a
nuclear incident or a precautionary evacuation),\29\ except:
(i) claims under State or Federal workmen's compensation acts
of employees of persons indemnified who are employed at the
site of and in connection with the activity where the nuclear
incident occurs; (ii) claims arising out of an act of war; and
(iii) whenever used in subsections a., c., and k. of 170,\30\
claims for loss of, or damage to, or loss of use of property
which is located at the site of and used in connection with the
licensed activity which the nuclear incident occurs. ``Public
liability'' also includes damage to property of persons
indemnified: Provided, That such property is covered under the
terms of the financial protection required, except property
which is located at the site of and used in connection with the
activity where the nuclear incident occurs.
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\28\ Sec. 3 of Public Law 85-256 (71 Stat. 576) originally added
this subsection as subsec. u. Sec. 3 of Public Law 87-206 (75 Stat.
475) subsequently amended this subsection. Previously, this subsection
read:
``u. The term `public liability' means any legal liability arising
out or resulting from a nuclear incident, except claims under State or
Federal Workmen's Compensation Acts of employees or persons indemnified
who are employed at the site of and in connection with the activity
where the nuclear incident occurs, and except for claims arising out of
an act of war. `Public liability' also includes damage to property of
persons indemnified: Provided, That such property is covered under the
terms of the financial protection required, except property which is
located at the site of and used in connection with the activity where
the nuclear incident occurs.''.
\29\ Sec. 5(a) of Public Law 100-408 (102 Stat. 1070) added ``or
precautionary evacuation (including all reasonable additional costs
incurred by a State, or a political subdivision of a State, in the
course of responding to a nuclear incident or a precautionary
evacuation)''.
\30\ Sec. 16(d)(3) of Public Law 100-408 (102 Stat. 1080), struck
out ``subsections 170 a., c., and k.'' and inserted in lieu thereof
``subsections a., c., and k. of section 170''.
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x. The term ``research and development'' means (1)
theoretical analysis, exploration, or experimentation; or (2)
the extension of investigative findings and theories of a
scientific or technical nature into practical application for
experimental and demonstration purposes, including the
experimental production and testing of models, devices,
equipment, materials, and processes.
y. The term ``Restricted Data'' means all data concerning
(1) design, manufacture, or utilization of atomic weapons; (2)
the production of special nuclear material; or (3) the use of
special nuclear material in the production of energy, but shall
not include data declassified or removed from the Restricted
Data category pursuant to section 142.
z. The term ``source material'' means (1) uranium, thorium,
or any other material which is determined by the Commission
pursuant to the provisions of section 61 to be source material;
or (2) ores containing one or more of the foregoing materials,
in such concentration as the Commission may by regulation
determine from time to time.
aa. The term ``special nuclear material'' means (1)
plutonium, uranium enriched in the isotope 233 or in the
isotope 235, and any other material which the Commission,
pursuant to the provisions of section 51, determines to be
special nuclear material, but does not include source material;
or (2) any material artificially enriched by any of the
foregoing, but does not include source material.
bb.\31\ The term ``United States'' when used in a
geographical sense includes all Territories and possessions of
the United States, the Canal Zone and Puerto Rico.
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\31\ Sec. 1 of Public Law 84-1006 (70 Stat. 1069) amended this
definition, which previously read:
``The term `United States', when used in a geographical sense,
includes all Territories and possessions of the United States, and the
Canal Zone.''.
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cc. The term ``utilization facility'' means (1) any
equipment or device, except an atomic weapon, determined by
rule of the Commission to be capable of making use of special
nuclear material in such quantity as to be of significance to
the common defense and security, or in such manner as to affect
the health and safety of the public, or peculiarly adapted for
making use of atomic energy in such quantity as to be of
significance to the common defense and security, or in such
manner as to affect the health and safety of the public; or (2)
any important component part especially designed for such
equipment or device as determined by the Commission.
dd.\32\ The terms ``high-level radioactive waste'' and
``spent nuclear fuel'' have the meanings given such terms in
section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10101).
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\32\ Sec. 4(b) of Public Law 100-408 (102 Stat. 1069) added
subsecs. dd., ee., and ff.
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ee.\32\ The term ``transuranic waste'' means material
contaminated with elements that have an atomic number greater
than 92, including neptunium, plutonium, americium, and curium,
and that are in concentrations greater that 10 nanocuries per
gram, or in such other concentrations as the Nuclear Regulatory
Commission may prescribe to protect the public health and
safety.
ff.\32\ The term ``nuclear waste activities'', as used in
section 170, means activities subject to an agreement of
indemnification under subsection d. of such section, that the
Secretary of Energy is authorized to undertake, under this Act
or any other law, involving research and development on, spent
nuclear fuel, high-level radioactive waste, or transuranic
waste, including (but not limited to) activities authorized to
be carried out under the Waste Isolation Pilot Project under
section 213 of Public Law 96-164 (93 Stat. 1265).
gg.\33\ The term ``precautionary evacuation'' means an
evacuation of the public within a specified area near a nuclear
facility, or the transportation route in the case of an
accident involving transportation of source material, special
nuclear material, byproduct material, high-level radioactive
waste, spent nuclear fuel, or transuranic waste to or from a
production or utilization facility, if the evacuation is--
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\33\ Sec. 5(b) of Public Law 100-408 (102 Stat. 1070) added subsec.
gg.
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(1) the result of any event that is not classified as
a nuclear incident but that poses imminent danger of
bodily injury or property damage from the radiological
properties of source material, special nuclear
material, byproduct material, high level radioactive
waste, spent nuclear fuel, or transuranic waste, and
causes an evacuation; and
(2) initiated by an official of a State or a
political subdivision of a State, who is authorized by
State law to initiate such an evacuation and who
reasonably determined that such an evacuation was
necessary to protect the public health and safety.
hh.\34\ The term ``public liability action'', as used in
section 170, means any suit asserting public liability. A
public liability action shall be deemed to be an action arising
under section 170, and the substantive rules for decision in
such action shall be derived from the law of the State in which
the nuclear incident involved occurs, unless such law is
inconsistent with the provisions of such section.
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\34\ Sec. 11(b) of Public Law 100-408 (102 Stat. 1076) added
subsec. hh.
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jj.\35\ Legal Costs.--As used in section 170, the term
``legal costs'' means the costs incurred by a plaintiff or a
defendant in initiating, prosecuting, investigating, settling,
or defending claims or suits for damage arising under such
section.
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\35\ Sec. 11(d)(2) of Public Law 100-408 (102 Stat. 1078) added
subsec. jj.
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Chapter 3. Organization \36\
* * * * * * *
Chapter 6. Special Nuclear Material
Sec. 51.\37\ Special Nuclear Material.--The Commission may
determine from time to time that other material is special
nuclear material in addition to that specified in the
definition as special nuclear material. Before making any such
determination, the Commission must find that such material is
capable of releasing substantial quantities of atomic energy
and must find that the determination that such material is
special nuclear material is in the interest of the common
defense and security, and the President must have expressly
assented in writing to the determination. The Commission's
determination, together with the assent of the President, shall
be submitted to the Energy Committees \38\ and a period of
thirty days shall elapse while Congress is in session (in
computing such thirty days, there shall be excluded the days on
which either House is not in session because of an adjournment
for more than three days) before the determination of the
Commission may become effective: Provided, however, That the
Energy Committees,\38\ after having received such
determination, may be resolution in writing, waive the
conditions of or all or any portion of such thirty-day period.
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\36\ Sec. 104(a) of the Energy Reorganization Act of 1974 (Public
Law 93-438; 88 Stat. 1237; 42 U.S.C. 5801-5891) repealed secs. 21 and
22 (42 U.S.C. 2031 and 2032) of chapter 3, abolishing the Atomic Energy
Commission created thereunder, vesting its licensing and related
regulatory authority of facilities under chapters 6, 7, 8, and 10 in a
new Nuclear Regulatory Commission, and transferring all its other
functions to a new Energy Research and Development Administration. The
Department of Energy, established on October 1, 1977, pursuant to the
Department of Energy Organization Act (Public Law 95-91; 91 Stat. 565)
and Executive Order 12009 of September 13, 1977 (42 F.R. 46267;
September 15, 1977), subsequently assumed all functions of the Energy
Research and Development Administration. See boxnote on page 404.
\37\ 42 U.S.C. 2071.
\38\ Sec. 15(f)(2) of Public Law 103-437 (108 Stat. 4592) struck
out ``Joint Committee'' and inserted in lieu thereof ``Energy
Committees''.
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* * * * * * *
Sec. 54.\39\ Foreign Distribution of Special Nuclear
Material.--a. The Commission is authorized to cooperate with
any nation or group of nations by distributing special nuclear
material and to distribute such special nuclear material,
pursuant to the terms of an agreement for cooperation to which
such nation or group of nations is a party and which is made in
accordance with section 123. Unless hereafter otherwise
authorized by law the Commission shall be compensated for
special nuclear material so distributed at not less than the
Commission's published charges applicable to the domestic
distribution of such material, except that the Commission to
assist and encourage research on peaceful uses or for medical
therapy may so distribute without charge during any calendar
year only a quantity of such material which at the time of
transfer does not exceed in value $10,000 in the case of one
nation or $50,000 in the case of any group of nations. The
Commission may distribute to the International Atomic Energy
Agency, or to any group of nations, only such amounts of
special nuclear materials and for such period of time as are
authorized by Congress: Provided, however, That, (i)
notwithstanding this provision, the Commission is hereby
authorized, subject to the provisions of section 123, to
distribute to the Agency five thousand kilograms of contained
uranium-235, five hundred grams of uranium-233, and three
kilograms of plutonium, together with the amounts of special
nuclear material which will match in amount the sum of all
quantities of special nuclear materials made available by all
other members of the Agency to June 1, 1960; and (ii)
notwithstanding the foregoing provisions of this subsection,
the Commission may distribute to the International Atomic
Energy Agency, or to any group of nations, such other amounts
of special nuclear materials and for such other periods of time
as are established in writing by the Commission: Provided,
however, That before they are established by the Commission
pursuant to this subdivision (ii), such proposed amounts and
periods shall be submitted to the Congress and referred to the
Energy Committees \40\ and a period of sixty days shall elapse
while Congress is in session (in computing such sixty days,
there shall be excluded the days on which either House is not
in session because of an adjournment of more than three days):
And provided further, That any such proposed amounts and
periods shall not become effective if during such sixty-day
period the Congress passes a concurrent resolution stating in
substance that it does not favor the proposed action: And
provided further, That prior to the elapse of the first thirty
days of any such sixty-day period the Energy Committees shall
submit to their respective houses reports of their views \41\
and recommendations respecting the proposed amounts and periods
and an accompanying proposed concurrent resolution stating in
substance that the Congress favors, or does not favor, as the
case may be, the proposed amounts or periods. The Commission
may agree to repurchase any special nuclear material
distributed under a sale arrangement pursuant to this
subsection which is not consumed in the course of the
activities conducted in accordance with the agreement for
cooperation, or any uranium remaining after irradiation of such
special nuclear material, at a repurchase price not to exceed
the Commission's sale price for comparable special nuclear
material or uranium in effect at the time of delivery of such
material to the Commission. The Commission may also agree to
purchase, consistent with and within the period of the
agreement for cooperation, special nuclear material produced in
a nuclear reactor located outside the United States through the
use of special nuclear material which was leased or sold
pursuant to this subsection. Under any such agreement the
Commission shall purchase only such material as is delivered to
the Commission during any period when there is in effect a
guaranteed purchase price for the same material produced in a
nuclear reactor by a person licensed under section 104,
established by the Commission pursuant to section 56, and the
price to be paid shall be the price so established by the
Commission and in effect for the same material delivered to the
Commission.
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\39\ 42 U.S.C. 2074. Sec. 2 of Public Law 93-377 (88 Stat. 472)
amended and restated sec. 54.
\40\ Sec. 15(f)(3)(A) of Public Law 103-437 (108 Stat. 4592) struck
out ``Joint Committee'' and inserted in lieu thereof ``Energy
Committees''.
\41\ Sec. 15(f)(3)(A) of Public Law 103-437 (108 Stat. 4592) struck
out ``Joint Committee shall submit a report to the Congress of its
views'', and inserted in lieu thereof ``Energy Committees shall submit
to their respective houses reports of their views''.
---------------------------------------------------------------------------
b. Notwithstanding the provisions of sections 123, 124, and
125, the Commission is authorized to distribute to any person
outside the United States (1) plutonium containing 80 per
centum or more by weight of plutonium-238, and (2) other
special nuclear material when it has, in accordance with
subsection 57 d., exempted certain classes or quantities of
such other special nuclear material or kinds of uses or users
thereof from the requirements for a license set forth in this
chapter. Unless hereafter otherwise authorized by law, the
Commission shall be compensated for special nuclear material so
distributed at not less than the Commission's published charges
applicable to the domestic distribution of such material. The
Commission shall not distribute any plutonium containing 80 per
centum or more by weight of plutonium-238 to any person under
this subsection if, in its opinion, such distribution would be
inimical to the common defense and security. The Commission may
require such reports regarding the use of material distributed
pursuant to the provisions of this subsection as it deems
necessary.
c. The Commission is authorized to license or otherwise
permit others to distribute special nuclear material to any
person outside the United States under the same conditions,
except as to charges, as would be applicable if the material
were distributed by the Commission.
d.\42\ The authority to distribute special nuclear material
under this section other than under an export license granted
by the Nuclear Regulatory Commission shall extend only to the
following small quantities of special nuclear material (in no
event more than five hundred grams per year of the uranium
isotope 233, the uranium isotope 235, or plutonium contained in
special nuclear material to any recipient):
---------------------------------------------------------------------------
\42\ Sec. 301(a) of the Nuclear Non-Proliferation Act of 1978
(Public Law 95-242; 92 Stat. 125) added subsec. d.
---------------------------------------------------------------------------
(1) which are contained in laboratory samples,
medical devices, or monitoring or other instruments; or
(2) the distribution of which is needed to deal with
an emergency situation in which time is of the essence.
e.\43\ The authority in this section to commit United
States funds for any activities pursuant to any subsequent
arrangement under section 131 a. (2)(E) shall be subject to the
requirements of section 131.
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\43\ Sec. 303(b)(1) of Public Law 95-242 (92 Stat. 131) added
subsec. e.
---------------------------------------------------------------------------
Sec. 55.\44\ Acquisition.--The Commission is authorized, to
the extent it deems necessary to effectuate the provisions of
this Act, to purchase without regard to the limitations in
section 54 or any guaranteed purchase prices established
pursuant to section 56, and to take, requisition, condemn, or
otherwise acquire any special nuclear material or any interest
therein. Any contract of purchase made under this section may
be made without regard to the provisions of section 3709 of the
Revised Statutes, as amended, upon certification by the
Commission that such action is necessary in the interest of the
common defense and security, or upon a showing by the
Commission that advertising is not reasonably practicable.
Partial and advance payments may be made under contracts for
such purposes. Just compensation shall be made for any right,
property, or interest in property taken, requisitioned, or
condemned under this section: Provided, That the authority in
this section to commit United States funds for any activities
pursuant to any subsequent arrangements under section 131 a.
(2)(E) shall be subject to the requirements of section 131.\45\
---------------------------------------------------------------------------
\44\ 42 U.S.C. 2075. Sec. 10 of Public Law 88-489 (78 Stat. 602)
amended and restated sec. 55, which formerly read as follows:
``Sec. 55. Acquisition.--The Commission is authorized to purchase
or otherwise acquire any special nuclear material or any interest
therein outside the United States without regard to the provisions of
section 3709 of the Revised Statutes, as amended, upon certification by
the Commission that such action is necessary in the interest of the
common defense and security, or upon a showing by the Commission that
advertising is not reasonably practicable. Partial and advance payments
may be made under contracts for such purposes.''.
\45\ Sec. 303(b)(2) of the Nuclear Non-Proliferation Act of 1978
(92 Stat. 131) added the proviso clause.
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Sec. 56.\46\ Guaranteed Purchase Prices.--The Commission
shall establish guaranteed purchase prices for plutonium
produced in a nuclear reactor by a person licensed under
section 104 and delivered to the Commission before January 1,
1971. The Commission shall also establish for such periods of
time as it may deem necessary but not to exceed ten years as to
any such period, guaranteed purchase prices for uranium
enriched in the isotope 233 produced in a nuclear reactor by a
person licensed under section 103 or \47\ section 104 and
delivered to the Commission within the period of the guarantee.
Guaranteed purchase prices established under the authority of
this section shall not exceed the Commission's determination of
the estimated value of plutonium or uranium enriched in the
isotope 233 as fuel in nuclear reactors, and such prices shall
be established on a nondiscriminatory basis: Provided, That the
Commission is authorized to establish such guaranteed purchase
prices only for such plutonium or uranium enriched in the
isotope 233 as the Commission shall determine is produced
through the use of special nuclear material which was leased or
sold by the Commission pursuant to section 53.
---------------------------------------------------------------------------
\46\ 42 U.S.C. 2076. Sec. 11 of Public Law 88-489 (78 Stat. 602)
amended and restated sec. 56, which formerly read as follows:
``Sec. 56. Fair Price.--In determining the fair price to be paid by
the Commission pursuant to section 52 for the production of any special
nuclear material, the Commission shall take into consideration the
value of the special nuclear material for its intended use by the
United States and may give such weight to the actual cost of producing
that material as the Commission finds to be equitable. The fair price,
as may be determined by the Commission, shall apply to all licensed
producers of the same material: Provided, however, That the Commission
may establish guaranteed fair prices for all special nuclear material
delivered to the Commission for such period of time as it may deem
necessary not to exceed seven years.''.
\47\ Sec. 2 of Public Law 91-500 (84 Stat. 1472) added ``section
103 or''.
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Sec. 57.\48\ Prohibition.--
---------------------------------------------------------------------------
\48\ 42 U.S.C. 2077. Sec. 12 of Public Law 88-489 (78 Stat. 602)
amended and restated sec. 57, which previously read as follows:
``Sec. 57. Prohibition.--
``a. It shall be unlawful for any person to--
---------------------------------------------------------------------------
``(1) possess or transfer any special nuclear material which is the
property of the United States except as authorized by the Commission
pursuant to subsec. 53 a.;
``(2) transfer or receive any special nuclear material in interstate
commerce except as authorized by the Commission pursuant to subsection 25
a., or export from or import into the United States any special nuclear
material; and
``(3) directly or indirectly engage in the production of any special
nuclear material outside of the United States except (A) under an agreement
for cooperation made pursuant to section 123, or (B) upon authorization by
the Commission after a determination that such activity will not be
inimical to the interest of the United States.
---------------------------------------------------------------------------
``b. The Commission shall not distribute any special nuclear
material--
---------------------------------------------------------------------------
``(1) to any person for a use which is not under the jurisdiction of the
United States except pursuant to the provisions of section 54; or
``(2) to any person within the United States, if the Commission finds
that the distribution of such special nuclear material to such person would
be inimical to the common defense and security.''.
a. Unless authorized by a general or specific license
issued by the Commission, which the Commission is authorized to
issue pursuant to section 53, no person may transfer or receive
in interstate commerce, transfer, deliver, acquire, own,
possess, receive possession of or title to, or import into or
export from the United States any special nuclear material.
b.\49\ It shall be unlawful for any person to directly or
indirectly engage or participate in the development or
production of any special nuclear material \50\ outside of the
United States except (1) as specifically authorized under an
agreement for cooperation made pursuant to section 123,
including a specific authorization in a subsequent arrangement
under section 131 of this Act, or (2) upon authorization by the
Secretary of Energy after a determination that such activity
will not be inimical to the interest of the United States:
Provided, That any such determination by the Secretary of
Energy shall be made only with the concurrence of the
Department of State and after consultation with the \51\
Nuclear Regulatory Commission, the Department of Commerce, and
the Department of Defense. The Secretary of Energy shall,
within ninety days after the enactment of the Nuclear Non-
Proliferation Act of 1978, establish orderly and expeditious
procedures,\52\ including provision for necessary
administrative actions and inter-agency memoranda of
understanding, which as mutually agreeable to the Secretaries
of State, Defense, and Commerce,\53\ and the Nuclear Regulatory
Commission for the consideration of requests for authorization
under this subsection. Such procedures shall include, at a
minimum explicit direction on the handling of such requests,
express deadlines for the solicitation and collection of the
views of the consulted agencies (with identified officials
responsible for meeting such deadlines), an interagency
coordinating authority to monitor the processing of such
requests, predetermined procedures for the expeditious handling
of intra-agency and inter-agency disagreements and appeals to
higher authorities, frequent meetings of inter-agency
administrative coordinators to review the status of all pending
requests, and similar administrative mechanisms. To the extent
practicable, an applicant should be advised of all the
information required of the applicant for the entire process
for every agency's needs at the beginning of the process.
Potentially controversial requests should be identified as
quickly as possible so that any required policy decisions or
diplomatic consultations can be initiated in a timely manner.
An immediate effort should be undertaken to establish quickly
any necessary standards and criteria, including the nature of
any required assurances or evidentiary showings, for the
decision required under this subsection. The processing of any
request proposed and filed as of the date of enactment of the
Nuclear Non-Proliferation Act of 1978 shall not be delayed
pending the development and establishment of procedures to
implement the requirements of this subsection. Any trade
secrets or proprietary information submitted by any person
seeking an authorization under this subsection shall be
afforded the maximum degree of protection allowable by law:
Provided further, That the export of component parts as defined
in subsection 11 v. (2) or 11 cc. (2) shall be governed by
sections 109 and 126 of this Act: Provided further, That
notwithstanding subsection 402(d) of the Department of Energy
Organization Act (Public Law 95-91), the Secretary of Energy
and not the Federal Energy Regulatory Commission, shall have
sole jurisdiction within the Department of Energy over any
matter arising from any function of the Secretary of Energy in
this section, section 54 d., section 64, or section 111 b.
---------------------------------------------------------------------------
\49\ Sec. 302 of Public Law 95-242 (92 Stat. 126) amended and
restated subsec. b., which formerly read as follows:
``b. It shall be unlawful for any person to directly or indirectly
engage in the production of any special nuclear material outside of the
United States except (1) under an agreement for cooperation made
pursuant to sec. 123, or (2) upon authorization by the Commission after
a determination that such activity will not be inimical to the interest
of the United States.''.
\50\ Sec. 6803(a) of the Weapons of Mass Destruction Prohibition
Improvement Act of 2004 (subtitle I of title VI of Public Law 108-458;
118 Stat. 3768) struck out ``in the production of any special nuclear
material'' and inserted in lieu thereof ``or participate in the
development or production of any special nuclear material''.
\51\ Sec. 1225(d)(1)(A) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-774) struck out ``the Arms Control and
Disarmament Agency,''.
\52\ See text of procedures in Legislation on Foreign Relations
Through 2005, vol. V, sec. L.
\53\ Sec. 1225(d)(1)(B) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-774) struck out ``the Director of the Arms
Control and Disarmament Agency,''.
---------------------------------------------------------------------------
c. The Commission shall not--
(1) distribute any special nuclear material to any
person for a use which is not under the jurisdiction of
the United States except pursuant to the provisions of
section 54; or
(2) distribute any special nuclear material or issue
a license pursuant to section 53 to any person within
the United States if the Commission finds that the
distribution of such special nuclear material or the
issuance of such license would be inimical to the
common defense and security or would constitute an
unreasonable risk to the health and safety of the
public.
d.\54\ The Commission is authorized to establish classes of
special nuclear material and to exempt certain classes or
quantities of special nuclear material or kinds of uses or
users from the requirements for a license set forth in this
section when it makes a finding that the exemption of such
classes or quantities of special nuclear material or such kinds
of uses or users would not be inimical to the common defense
and security and would not constitute an unreasonable risk to
the health and safety of the public.
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\54\ Sec. 3 of Public Law 93-377 (88 Stat. 475) added subsec. d.
---------------------------------------------------------------------------
e.\55\ Special nuclear material, as defined in section 11,
produced in facilities licensed under section 103 or 104 may
not be transferred, reprocessed, used, or otherwise made
available by any instrumentality of the United States or any
other person for nuclear explosive purposes.
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\55\ Sec. 14 of Public Law 97-415 (96 Stat. 2075) added subsec. e.
---------------------------------------------------------------------------
Sec. 58.\56\ Review.--Before the Commission establishes any
guaranteed purchase price or guaranteed purchase price period
in accordance with the provisions of section 56, or establishes
any criteria for the waiver of any charge for the use of
special nuclear material licensed and distributed under section
53, the proposed guaranteed purchase price, guaranteed purchase
price period, or criteria for the waiver of such charge shall
be submitted to the Energy Committees \57\ and a period of
forty-five days shall elapse while Congress is in session (in
computing such forty-five days there shall be excluded the days
in which either House is not in session because of adjournment
for more than three days): Provided, however, That the Energy
Committees,\57\ after having received the proposed guaranteed
purchase price, guaranteed purchase price period, or criteria
for the waiver of such charge, may by resolution in writing
waive the conditions of, or all or any portion of, such forty-
five day period.
---------------------------------------------------------------------------
\56\ 42 U.S.C. 2078. Sec. 13 of Public Law 88-489 (78 Stat. 602)
amended and restated sec. 58, which previously read as follows:
``Sec. 58. Review.--Before the Commission establishes any fair
price or guaranteed fair price period in accordance with the provisions
of section 56, or establishes any criteria for the waiver of any charge
for the use of special nuclear material licensed or distributed under
section 53 the proposed fair price, guaranteed fair price period, or
criteria for the waiver of such charge shall be submitted to the Joint
Committee, and a period of forty-five days shall elapse while Congress
is in session (in computing such forty-five days there shall be
excluded the days in which either House is not in session because of
adjournment for more than three days): Provided, however, That the
Joint Committee, after having received the proposed fair price,
guaranteed fair price period, or criteria for the waiver of such
charge, may by resolution waive the conditions of or all or any portion
of such forty-five day period.''.
\57\ Sec. 15(f)(4) of Public Law 103-437 (108 Stat. 4592) struck
out ``Joint Committee'' in each place where it appeared in secs. 58 and
61 and inserted in lieu thereof ``Energy Committees''.
---------------------------------------------------------------------------
Chapter 7. Source Material
Sec. 61.\58\ Source Material.--The Commission may determine
from time to time that other material is source material in
addition to those specified in the definition of source
material. Before making such determination, the Commission must
find that such material is essential to the production of
special nuclear material and must find that the determination
that such material is source material is in the interest of the
common defense and security, and the President must have
expressly assented in writing to the determination. The
Commission's determination, together with the assent of the
President, shall be submitted to the Energy Committees \57\ and
a period of thirty days shall elapse while Congress is in
session (in computing such thirty days, there shall be excluded
the days on which either House is not in session because of an
adjournment of more than three days) before the determination
of the Commission may become effective: Provided, however, That
the Energy Committees,\57\ after having received such
determination, may by resolution in writing waive the
conditions of or all or any portion of such thirty-day period.
---------------------------------------------------------------------------
\58\ 42 U.S.C. 2091.
---------------------------------------------------------------------------
Sec. 62.\59\ License for Transfers Required.--Unless
authorized by a general or specific license issued by the
Commission, which the Commission is hereby authorized to issue,
no person may transfer or receive in interstate commerce,
transfer, deliver, receive possession of or title to, or import
into or export from the United States any source material after
removal from its place of deposit in nature, except that
licenses shall not be required for quantities of source
material which, in the opinion of the Commission, are
unimportant.
---------------------------------------------------------------------------
\59\ 42 U.S.C. 2092.
---------------------------------------------------------------------------
* * * * * * *
Sec. 64.\60\ Foreign Distribution of Source Material.--The
Commission is authorized to cooperate with any nation by
distribution source material and to distribute source material
pursuant to the terms of an agreement for cooperation to which
such nation is a party and which is made in accordance with
section 123. The Commission is also authorized to distribute
source material outside of the United States upon a
determination by the Commission that such activity will not be
inimical to the interests of the United States. The authority
to distribute source material under this section other than
under an export license granted by the Nuclear Regulatory
Commission shall in no case extend to quantities of source
material in excess of three metric tons per year per
recipient.\61\
---------------------------------------------------------------------------
\60\ 42 U.S.C. 2094.
\61\ Sec. 301(b) of Public Law 95-242 (92 Stat. 125) added this
sentence.
---------------------------------------------------------------------------
* * * * * * *
Sec. 69.\62\ Prohibition.--The Commission shall not license
any person to transfer or deliver, receive possession of or
title to, or import into or export from the United States any
source material if, in the opinion of the Commission, the
issuance of a license to such person for such purpose would be
inimical to the common defense and security or the health and
safety of the public.
---------------------------------------------------------------------------
\62\ 42 U.S.C. 2099.
---------------------------------------------------------------------------
* * * * * * *
Chapter 8. Byproduct Material
Sec. 81.\63\ Domestic Distribution.--
---------------------------------------------------------------------------
\63\ 42 U.S.C. 2111.
---------------------------------------------------------------------------
a. In General.--No person may \64\ transfer or receive in
interstate commerce, manufacture, produce, transfer, acquire,
own, possess, import, or export any byproduct material, except
to the extent authorized by this section, section 82 or section
84.\65\ The Commission is authorized to issue general or
specific licenses to applicants seeking to use byproduct
material for research or development purposes, for medical
therapy, industrial uses, agricultural uses, or such other
useful applications as may be developed. The Commission may
distribute, sell, loan, or lease such byproduct material as it
owns to qualified applicants \66\ with or without charge:
Provided, however, That, for byproduct material to be
distributed by the Commission for a charge, the Commission
shall establish prices on such equitable basis as, in the
opinion of the Commission, (a) will provide reasonable
compensation to the Government for such material, (b) will not
discourage the use of such material or the development of
sources of supply of such material independent of the
Commission, and (c) will encourage research and development. In
distributing such material, the Commission shall give
preference to applicants proposing to use such material either
in the conduct of research and development or in medical
therapy.\66\ The Commission shall not permit the distribution
of any byproduct material to any licensee, and shall recall or
order the recall of any distributed material from any licensee,
who is not equipped to observe or who fails to observe such
safety standards to protect health as may be established by the
Commission or who uses such material in violation of law or
regulation of the Commission or in a manner other than as
disclosed in the application therefor or approved by the
Commission. The Commission is authorized to establish classes
of byproduct material and to exempt certain classes or
quantities of material or kinds of uses or users from the
requirements for a license set forth in this section when it
makes a finding that the exemption of such classes or
quantities of such material or such kinds of uses or users will
not constitute an unreasonable risk to the common defense and
security and to the health and safety of the public.
---------------------------------------------------------------------------
\64\ Sec. 651(e)(3)(A)(i) of the Energy Policy Act of 2005
(subtitle B of title VI of Public Law 109-58; 119 Stat. 807) struck out
``No person may'' and inserted in lieu thereof
``a. In General.--No person may''.
\65\ Sec. 205(b) of Public Law 95-604 (92 Stat. 3039) amended and
restated the original first sentence of this section, which effectively
struck out ``by this section or by section 82'' and inserted in lieu
thereof ``by this section, section 82 or section 84''.
\66\ Sec. 4 of Public Law 93-377 (88 Stat. 475) struck out
``licensees'' and inserted in lieu thereof ``qualified applicants'' in
the third sentence of this section, and struck out the fifth sentence
of this section, which formerly read, ``Licensees of the Commission may
distribute byproduct material only to applicants therefor who are
licensed by the Commission to receive such byproduct material.''.
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b.\67\ Requirements.--
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\67\ Sec. 651(e)(3)(A)(ii) of Public Law 109-58 (119 Stat. 807)
added subsecs. b. and c. to sec. 81.
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(1) In general.--Except as provided in paragraph (2),
byproduct material, as defined in paragraphs (3) and
(4) of section 11 e., may only be transferred to and
disposed of in a disposal facility that--
(A) is adequate to protect public health and
safety; and
(B)(i) is licensed by the Commission; or
(ii) is licensed by a State that has entered
into an agreement with the Commission under
section 274 b., if the licensing requirements
of the State are compatible with the licensing
requirements of the Commission.
(2) Effect of subsection.--Nothing in this subsection
affects the authority of any entity to dispose of
byproduct material, as defined in paragraphs (3) and
(4) of section 11 e., at a disposal facility in
accordance with any Federal or State solid or hazardous
waste law, including the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.).
c.\67\ Treatment as Low-Level Radioactive Waste.--Byproduct
material, as defined in paragraphs (3) and (4) of section 11
e., disposed of under this section shall not be considered to
be low-level radioactive waste for the purposes of--
(1) section 2 of the Low-Level Radioactive Waste
Policy Act (42 U.S.C. 2021b); or
(2) carrying out a compact that is--
(A) entered into in accordance with that Act
(42 U.S.C. 2021b et seq.); and
(B) approved by Congress.
Sec. 82.\68\ Foreign Distribution of Byproduct Material.--
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\68\ 42 U.S.C. 2112.
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a. The Commission is authorized to cooperate with any
nation by distributing byproduct material, and to distribute
byproduct material, pursuant to the terms of an agreement for
cooperation to which such nation is party an which is made in
accordance with section 123.
b. The Commission is also authorized to distribute
byproduct material to any person outside the United States upon
application therefor by such person and demand such charge for
such materials as would be charged for the material if it were
distributed within the United States: Provided, however, That
the Commission shall not distribute any such material to any
person under this section if, in its opinion, such distribution
would be inimical to the common defense and security: And
provided further, That the Commission may require such reports
regarding the use of material distributed pursuant to the
provisions of this section as it deems necessary.
c. The Commission is authorized to license others to
distribute byproduct material to any person outside the United
States under the same conditions, except as to charges, as
would be applicable if the material were distributed by the
Commission.
Sec. 83.\69\ Ownership and Custody of Certain Byproduct
Material and Disposal Sites.--
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\69\ 42 U.S.C. 2113. Sec. 202(a) of Public Law 95-604 (92 Stat.
3033) added sec. 83. Sec. 202(b) of that Act delayed the effective date
of sec. 83 until November 8, 1981.
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a. Any license issued or renewed after the effective date
of this section under section 62 or section 81 for any activity
which results in the production of any byproduct material, as
defined in section 11 e. (2), shall contain such terms and
conditions as the Commission determines to be necessary to
assure that, prior to termination of such license--
(1) the licensee will comply with decontamination,
decommissioning, and reclamation standards prescribed
by the Commission for sites (A) at which ores were
processed primarily for their source material content
and (B) at which such byproduct material is deposited,
and
(2) ownership of any byproduct material, as defined
in section 11 e. (2), which resulted from such licensed
activity shall be transferred to (A) the United States
or (B) in the State in which such activity occurred if
such State exercises the option under subsection b. (1)
to acquire land used for the disposal of byproduct
material.
Any license which is in effect on the effective date of this
section and which is subsequently terminated without renewal
shall comply with paragraphs (1) and (2) upon termination.\70\
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\70\ Sec. 22(c) of Public Law 96-106 (93 Stat. 800) amended and
restated the last sentence of subsec. a.
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b. (1)(A) The Commission shall require by rule, regulation,
or order that prior to the termination of any license which is
issued after the effective date of this section, title to the
land, including any interests therein (other than land owned by
the United States or by a State) which is used for the disposal
of any byproduct material, as defined by section 11 e. (2),
pursuant to such license shall be transferred to--
(i) the United States, or
(ii) the State in which such land is located, at the
option of such State,
unless the Commission determines prior to such termination that
transfer of title to such land and such byproduct material is
not necessary or desirable to protect the public health,
safety, or welfare or to minimize or eliminate danger to life
or property. Such determination shall be made in accordance
with section 181 of this Act. Notwithstanding any other
provision of law or any such determination, such property and
materials shall be maintained pursuant to a license issued by
the Commission pursuant to section 81 of this Act in such
manner as will protect the public health, safety, and the
environment.
(B) If the Commission determines by order that use of the
surface or subsurface estates, or both, of the land transferred
to the United States or to a State under subparagraph (A) would
not endanger the public health, safety, welfare, or
environment, the Commission, pursuant to such regulations as it
may prescribe, shall permit the use of the surface or
subsurface estates, or both, of such land in a manner
consistent with the provisions of this section. If the
Commission permits such use of such land, it shall provide the
person who transferred such land with the right of first
refusal with respect to such use of such land.
(2) If transfer to the United States of title to such
byproduct material and such land is required under this
section, the Secretary of Energy or any Federal agency
designated by the President shall, following the Commission's
determination of compliance under subsection c., assume title
and custody of such byproduct material and land transferred as
provided in this subsection. Such Secretary or Federal agency
shall maintain such material and land in such manner as will
protect the public health and safety and the environment. Such
custody may be transferred to another officer or
instrumentality of the United States only upon approval of the
President.
(3) If transfer to a State of title to such byproduct
material is required in accordance with this subsection, such
State shall, following the Commission's determination of
compliance under subsection d., assume title and custody of
such byproduct material and land transferred as provided in
this subsection. Such State shall maintain such material and
land in such manner as will protect the public health, safety,
and the environment.
(4) In the case of any such license under section 62, which
was in effect on the effective date of this section, the
Commission may require, before the termination of such license,
such transfer of land and interest therein (described in
paragraph (1) of this subsection) to the United States or a
State in which such land is located, at the option of such
State, as may be necessary to protect the public health,
welfare, and the environment from any effects associated with
such byproduct material. In exercising the authority of this
paragraph, the Commission shall take into consideration the
status of the ownership of such land and interests therein and
the ability of the licensee to transfer title and custody
thereof to the United States or a State.
(5) The Commission may, pursuant to a license, or by rule
or order require the Secretary or other Federal agency or State
having custody of such property and materials to undertake such
monitoring, maintenance, and emergency measures as are
necessary to protect the public health and safety and such
other actions as the Commission deems necessary to comply with
the standards promulgated pursuant to section 84 of this Act.
The Secretary or such other Federal agency is authorized to
carry out maintenance, monitoring, and emergency measures, but
shall take no other action pursuant to such license, rule or
order, with respect to such property and materials unless
expressly authorized by Congress after the date of enactment of
this Act.
(6) The transfer of title to land or byproduct materials,
as defined in section 11 e. (2), to a State or the United
States pursuant to this subsection shall not relieve any
licensee of liability for any fraudulent or negligent acts done
prior to such transfer.
(7) Material and land transferred to the United States or a
State in accordance with this subsection shall be transferred
without cost to the United States or a State (other than
administrative and legal costs incurred in carrying out such
transfer). Subject to the provisions of paragraph (1)(B) of
this subsection, the United States or a State shall not
transfer title to material or property acquired under this
subsection to any person, unless such transfer is in the same
manner as provided under section 104(h) of the Uranium Mill
Tailings Radiation Control Act of 1978.
(8) The provisions of this subsection respecting transfer
of title and custody to land shall not apply in the case of
lands held in trust by the United States for any Indian tribe
or lands owned by such Indian tribe subject to a restriction
against alienation imposed by the United States. In the case of
such lands which are used for the disposal of byproduct
material, as defined in section 11 e. (2), the licensee shall
be required to enter into such arrangements with the Commission
as may be appropriate to assure the long-term maintenance and
monitoring of such lands by the United States.
c. Upon termination of any license to which this section
applies, the Commission shall determine whether or not the
licensee has complied with all applicable standards and
requirements under such license.
Sec. 84.\71\ Authorities of Commission Respecting Certain
By-product Material.--
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\71\ 42 U.S.C. 2114. Sec. 205(a) of Public Law 95-604 (92 Stat.
3039) added sec. 84.
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a. The Commission shall insure that the management of any
by-product material, as defined in section 11 e. (2), is
carried out in such manner as--
(1) the Commission deems appropriate to protect the
public health and safety and the environment from
radiological and nonradiological hazards associated
with the processing and with the possession and
transfer of such material, taking into account the risk
to the public health, safety, and the environment, with
due consideration of the economic costs and such other
factors as the Commission determines to be
appropriate,,\72\
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\72\ Sec. 22(a) of Public Law 97-415 (96 Stat. 2080) added ``,
taking into account the risk to the public health, safety, and the
environment, with due consideration of the economic costs and such
other factors as the Commission determines to be appropriate,''
resulting in a double comma.
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(2) conforms with applicable general standards
promulgated by the Administrator of the Environmental
Protection Agency under section 275, and
(3) conforms to general requirements established by
the Commission, with the concurrence of the
Administrator, which are, to the maximum extent
practicable, at least comparable to requirements
applicable to the possession, transfer, and disposal of
similar hazardous material regulated by the
Administration under Solid Waste Disposal Act, as
amended.
b. In carrying out its authority under this section, the
Commission is authorized to--
(1) by rule, regulation, or order require persons,
officers, or instrumentalities exempted from licensing
under section 81 of this Act to conduct monitoring,
perform remedial work, and to comply with such other
measures as it may deem necessary or desirable to
protect health or to minimize danger to life or
property, and in connection with the disposal or
storage of such byproduct material; and
(2) make such studies and inspections and to conduct
such monitoring as may be necessary.
Any violation by any person other than the United States or any
officer or employee of the United States or a State of any
rule, regulation, or order or licensing provision, of the
Commission established under this section or section 83 shall
be subject to a civil penalty in the same manner and in the
same amount as violations subject to a civil penalty under
section 234. Nothing in this section affects any authority of
the Commission under any other provision of this Act.
c.\73\ In the case of sites at which ores are processed
primarily for their source material content or which are used
for the disposal of byproduct material as defined in section 11
e. (2), a licensee may propose alternatives to specific
requirements adopted and enforced by the Commission under this
Act. Such alternative proposals may take into account local or
regional conditions, including geology, topography, hydrology
and meteorology. The Commission may treat such alternatives as
satisfying Commission requirements if the Commission determines
that such alternatives will achieve a level of stabilization
and containment of the sites concerned, and a level of
protection for public health, safety, and the environment from
radiological and nonradiological hazards associated with such
sites, which is equivalent to, to the extent practicable, or
more stringent than the level which would be achieved by
standards and requirements adopted and enforced by the
Commission for the same purpose and any final standards
promulgated by the Administrator of the Environmental
Protection Agency in accordance with section 275.
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\73\ Sec. 20 of Public Law 97-415 (96 Stat. 2079) added subsec. c.
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Chapter 9. Military Application of Atomic Energy
Sec. 91.\74\ Authority.--
---------------------------------------------------------------------------
\74\ 42 U.S.C. 2121.
---------------------------------------------------------------------------
a. The Commission is authorized to--
(1) conduct experiments and do research and
development work in the military application of atomic
energy; \75\
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\75\ Sec. 3157 of the National Defense Authorization Act for Fiscal
Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1684) struck out
``and'' at the end of para. (1); struck out a period at the end of
para. (2) and inserted in lieu thereof a semicolon; and added new
paras. (3) through (5).
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(2) engage in the production of atomic weapons, or
atomic weapon parts, except that such activities shall
be carried on only to the extent that the express
consent and direction of the President of the United
States has been obtained, which consent and direction
shall be obtained at least once each year; \75\
(3) \75\ provide for safe storage, processing,
transportation, and disposal of hazardous waste
(including radioactive waste) resulting from nuclear
materials production, weapons production and
surveillance programs, and naval nuclear propulsion
programs;
(4) \75\ carry out research on and development of
technologies needed for the effective negotiation and
verification of international agreements on control of
special nuclear materials and nuclear weapons; and
(5) \75\ under applicable law (other than this
paragraph) and consistent with other missions of the
Department of Energy, make transfers of federally owned
or originated technology to State and local
governments, private industry, and universities or
other nonprofit organizations so that the prospects for
commercialization of such technology are enhanced.
b. The President from time to time may direct the
Commission (1) to deliver such quantities of special nuclear
material or atomic weapons to the Department of Defense for
such use as he deems necessary in the interest of national
defense, or (2) to authorize the Department of Defense to
manufacture, produce, or acquire any atomic weapon or
utilization facility for military purposes: Provided, however,
That such authorization shall not extend to the production of
special nuclear material other than that incidental to the
operation of such utilization facilities.
c.\76\ The President may authorize the Commission or the
Department of Defense, with the assistance of the other, to
cooperate with another nation and, notwithstanding the
provisions of section 57, 62, or 81, to transfer by sale,
lease, or loan to that nation, in accordance with terms and
conditions of a program approved by the President.
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\76\ Sec. 1 of Public Law 85-479 (72 Stat. 276) added subsec. c.
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(1) nonnuclear parts of atomic weapons provided that
such nation has made substantial progress in the
development of atomic weapons, and other nonnuclear
parts of atomic weapons systems involving Restricted
Data provided that such transfer will not contribute
significantly to that nation's atomic weapon design,
development, or fabrication capability; for the purpose
of improving that nation's state of training and
operational readiness;
(2) utilization facilities for military applications;
and
(3) source, byproduct, or special nuclear material
for research on, development of, production of, or use
in utilization facilities for military applications;
and
(4) source, byproduct, or special nuclear material
for research on, development of, or use in atomic
weapons: Provided, however, That the transfer of such
material to that nation is necessary to improve its
atomic weapon design, development, or fabrication
capability: And provided further, That such nation has
made substantial progress in the development of atomic
weapons,
whenever the President determines that the proposed cooperation
and each proposed transfer arrangement for the nonnuclear parts
of atomic weapons and atomic weapons systems, utilization
facilities or source, byproduct, or special nuclear material
will promote and will not constitute an unreasonable risk to
the common defense and security, while such other nation is
participating with the United States pursuant to an
international arrangement by substantial and material
contributions to the mutual defense and security: Provided,
however, That the cooperation is undertaken pursuant to an
agreement entered into in accordance with section 123: And
provided further, That if an agreement for cooperation arranged
pursuant to this subsection provides for transfer of
utilization facilities for military applications the
Commission, or the Department of Defense with respect to
cooperation it has been authorized to undertake, may authorize
any person to transfer such utilization facilities for military
applications in accordance with the terms and conditions of
this subsection and of the agreement for cooperation.
Sec. 92.\77\ Prohibition.--
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\77\ 42 U.S.C. 2122. Sec. 2 of Public Law 85-479 (72 Stat. 277)
amended and restated sec. 92. Sec. 92 previously read as follows:
``Sec. 92. Prohibition.--It shall be unlawful for any person to
transfer or receive in interstate commerce, manufacture, produce,
transfer, acquire, possess, import, or export any atomic weapon, except
as may be authorized by the Commission pursuant to the provisions of
section 91. Nothing in this section shall be deemed to modify the
provisions of subsection 31 a. or section 101.''.
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a.\78\ It shall be unlawful, except as provided in section
91, for any person, inside or outside of the United States,\79\
to participate in the development of,\80\ manufacture, produce,
transfer, acquire, receive,\81\ possess, import,\82\ export, or
use, or possess and threaten to use,\83\ any atomic weapon.
Nothing in this section shall be deemed to modify the
provisions of subsection 31 a. or section 101.
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\78\ Sec. 6904(a)(1) of the Prevention of Terrorist Access to
Destructive Weapons Act of 2004 (subtitle J of title VI of Public Law
108-458; 118 Stat. 3771) inserted the subsection designation ``a.''
before ``It''.
\79\ Sec. 6803(b)(1) of the Weapons of Mass Destruction Prohibition
Improvement Act of 2004 (subtitle I of title VI of Public Law 108-458;
118 Stat. 3768) inserted ``, inside or outside of the United States,''
after ``for any person''.
Sec. 6904(a)(2) of the Prevention of Terrorist Access to
Destructive Weapons Act of 2004 (subtitle J of title VI of Public Law
108-458; 118 Stat. 3771) sought to insert ``knowingly'' after ``for any
person to''. With the execution of the amendment provided in sec.
6803(b)(1), however, the latter amendment becomes unexecutable. Sec. 92
a. should probably read, with all amendments executed, as follows:
``a. It shall be unlawful, except as provided in section 91, for
any person, inside or outside of the United States, knowingly to
participate in the development of, manufacture, produce, transfer,
acquire, receive, possess, import, export, or use, or possess and
threaten to use, any atomic weapon. Nothing in this section shall be
deemed to modify the provisions of subsection 31 a. or section 101.''.
\80\ Sec. 6803(b)(2) of the Weapons of Mass Destruction Prohibition
Improvement Act of 2004 (subtitle I of title VI of Public Law 108-458;
118 Stat. 3768) inserted ``participate in the development of,'' after
``interstate or foreign commerce,''.
Sec. 6904(a)(4) of the Prevention of Terrorist Access to
Destructive Weapons Act of 2004 (subtitle J of title VI of Public Law
108-458; 118 Stat. 3771) subsequently struck out ``transfer or receive
in interstate or foreign commerce,'' before ``manufacture''. The
amendment is executed, though the amendment in sec. 6803(b)(2) removes
``manufacture'' from its proximity to the text to be stricken.
\81\ Sec. 6904(a)(5) of the Prevention of Terrorist Access to
Destructive Weapons Act of 2004 (subtitle J of title VI of Public Law
108-458; 118 Stat. 3771) inserted ``receive,'' after ``acquire''.
\82\ Sec. 6904(a)(3) of the Prevention of Terrorist Access to
Destructive Weapons Act of 2004 (subtitle J of title VI of Public Law
108-458; 118 Stat. 3771) struck out ``or'' before ``export''.
\83\ Sec. 6904(a)(6) of the Prevention of Terrorist Access to
Destructive Weapons Act of 2004 (subtitle J of title VI of Public Law
108-458; 118 Stat. 3771) inserted ``, or use, or possess and threaten
to use,'' before ``any atomic weapon''.
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b.\84\ Conduct prohibited by subsection a. is within the
jurisdiction of the United States if--
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\84\ Sec. 6904(a)(7) of the Prevention of Terrorist Access to
Destructive Weapons Act of 2004 (subtitle J of title VI of Public Law
108-458; 118 Stat. 3771) added subsec. b.
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(1) the offense occurs in or affects interstate or
foreign commerce; the offense occurs outside of the
United States and is committed by a national of the
United States;
(2) the offense is committed against a national of
the United States while the national is outside the
United States;
(3) the offense is committed against any property
that is owned, leased, or used by the Untied States or
by any department or agency of the United States,
whether the property is within or outside the United
States; or
(4) an offender aids or abets any person over whom
jurisdiction exists under this subsection in committing
an offense under this section or conspires with any
person over whom jurisdiction exists under this
subsection to commit an offense under this section.
SEC. 93.\85\ * * * [REPEALED--1999]
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\85\ Formerly at 42 U.S.C. 2122a. Sec. 3294(e)(1)(A) of Public Law
106-65 (113 Stat. 970) repealed sec. 93, which had provided for
congressional oversight of special access programs, including annual
and periodic reports. Sec. 3156 of the National Defense Authorization
Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1953)
originally added this section.
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Chapter 10. Atomic Energy Licenses
Sec. 101.\86\ License Required.--It shall be unlawful,
except as provided in section 91, for any person within the
United States to transfer or receive in interstate commerce,
manufacture, produce, transfer, acquire, possess, use,\87\
import, or export any utilization or production facility except
under and in accordance with a license issued by the Commission
pursuant to section 103 or 104.
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\86\ 42 U.S.C. 2131.
\87\ Sec. 11 of Public Law 84-1006 (70 Stat. 1071) added ``use,''.
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Sec. 102.\88\ Utilization and Production Facilities for
Industrial or Commercial Purposes.--
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\88\ 42 U.S.C. 2132. Sec. 3 of Public Law 91-560 (84 Stat. 1472)
amended sec. 102, which previously read as follows:
``Sec. 102. Finding of Practical Value.--Whenever the Commission
has made a finding in writing that any type of utilization or
production facility has been sufficiently developed to be of practical
value for industrial or commercial purposes, the Commission may
thereafter issue licenses for such type of facility pursuant to section
103.''.
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a. Except as provided in subsections b. and c., or
otherwise specifically authorized by law, any license hereafter
issued for a utilization or production facility for industrial
or commercial purposes shall be issued pursuant to section 103.
b. Any license hereafter issued for a utilization or
production facility for industrial or commercial purposes, the
construction or operation of which was licensed pursuant to
subsection 104 b. prior to enactment into law of this
subsection, shall be issued under subsection 104 b.
c. Any license for a utilization or production facility for
industrial or commercial purposes constructed or operated under
an arrangement with the Commission entered into under the
Cooperative Power Reactor Demonstration Program shall, except
as otherwise specifically required by applicable law, be issued
under subsection 104 b.
Sec. 103.\89\ Commercial Licenses.--
---------------------------------------------------------------------------
\89\ 42 U.S.C. 2133.
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a. The Commission is authorized to issue licenses to
persons applying therefor to transfer or receive in interstate
commerce, manufacture, produce, transfer, acquire, possess,
use,\90\ import, or export under the terms of an agreement for
cooperation arranged pursuant to section 123, utilization or
production facilities for industrial or commercial
purposes.\91\ Such licenses shall be issued in accordance with
the provisions of chapter 16 and subject to such conditions as
the Commission may by rule or regulation establish to
effectuate the purposes and provisions of this Act.
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\90\ Sec. 12 of Public Law 84-1006 (70 Stat. 1071) added ``use,''.
\91\ Sec. 4 of Public Law 91-650 (84 Stat. 1472) amended the first
sentence of sec. 103 a., which previously read as follows:
``Subsequent to a finding by the Commission as required in section
102, the Commission may issue licenses to transfer or receive in
interstate commerce, manufacture, produce, transfer, acquire, possess,
use, import, or export under the terms of an agreement for cooperation
arranged pursuant to section 123, such type of utilization or
production facility.''.
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b. The Commission shall issue such licenses on a
nonexclusive basis to persons applying therefor (1) whose
proposed activities will serve a useful purpose proportionate
to the quantities of special nuclear material or source
material to be utilized; (2) who are equipped to observe and
who agree to observe such safety standards to protect health
and to minimize danger to life or property as the Commission
may by rule establish; and (3) who agree to make available to
the Commission such technical information and data concerning
activities under such license as the Commission may determine
necessary to promote the common defense and security and to
protect the health and safety of the public. All such
information may be used by the Commission only for the purposes
of the common defense and security and to protect the health
and safety of the public.
c. Each such license shall be issued for a specified
period, as determined by the Commission, depending on the type
of activity to be licensed, but not exceeding forty years from
the authorization to commence operations,\92\ and may be
renewed upon the expiration of such period.
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\92\ Sec. 621 of the Energy Policy Act of 2005 (subtitle B of title
VI of Public Law 109-58; 119 Stat. 782) inserted ``from the
authorization to commence operations''.
---------------------------------------------------------------------------
d. No license under this section may be given to any person
for activities which are not under or within the jurisdiction
of the United States, except for the export of production or
utilization facilities under terms of an agreement for
cooperation arranged pursuant to section 123, or except under
the provisions of section 109. No license may be issued to an
alien or any \93\ corporation or other entity if the Commission
knows or has reason to believe it is owned, controlled, or
dominated by an alien, a foreign corporation, or a foreign
government. In any event, no license may be issued to any
person within the United States if, in the opinion of the
Commission, the issuance of a license to such person would be
inimical to the common defense and security or to the health
and safety of the public.
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\93\ Sec. 13 of Public Law 84-1006 (70 Stat. 1069) added the words
``an alien or any''.
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f.\94\ Each license issued for a utilization facility under
this section or section 104 b. shall require as a condition
thereof that in case of any accident which could result in an
unplanned release of quantities of fission products in excess
of allowable limits for normal operation established by the
Commission, the licensee shall immediately so notify the
Commission. Violation of the condition prescribed by this
subsection may, in the Commission's discretion, constitute
grounds for license revocation. In accordance with section 187
of this Act, the Commission shall promptly amend each license
for a utilization facility issued under this section or section
104 b. which is in effect on the date of enactment of this
subsection to include the provision required under this
subsection.
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\94\ Sec. 201(a) of Public Law 96-295 (94 Stat. 786) added subsec.
f., despite the fact that sec. 103 ended with subsec. d.
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Sec. 104.\95\ Medical Therapy and Research and
Development.--
---------------------------------------------------------------------------
\95\ 42 U.S.C. 2134.
---------------------------------------------------------------------------
a. The Commission is authorized to issue licenses to
persons applying therefor for utilization facilities for use in
medical therapy. In issuing such licenses the Commission is
directed to permit the widest amount of effective medical
therapy possible with the amount of special nuclear material
available for such purposes and to impose the minimum amount of
regulation consistent with its obligations under this Act to
promote the common defense and security and to protect the
health and safety of the public.
b.\96\ As provided for in subsection 102 b. or 102 c., or
where specifically authorized by law, the Commission is
authorized to issue licenses under this subsection to persons
applying therefor for utilization and production facilities for
industrial and commercial purposes. In issuing licenses under
this subsection, the Commission shall impose the minimum amount
of such regulations and terms of license as will permit the
Commission to fulfill its obligations under this Act.
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\96\ Sec. 5 of Public Law 91-560 (84 Stat. 1472) amended and
restated subsec. b, which previously read as follows:
``b. The Commission is authorized to issue licenses to persons
applying therefor for utilization and production facilities involved in
the conduct of research and development activities leading to the
demonstration of the practical value of such facilities for industrial
or commercial purposes. In issuing licenses under this subsection, the
Commission shall impose the minimum amount of such regulations and
terms of license as will permit the Commission to fulfill its
obligations under this Act to promote the common defense and security
and to protect the health and safety of the public and will be
compatible with the regulations and terms of license which would apply
in the event that a commercial license were later to be issued pursuant
to section 103 for that type of facility. In issuing such licenses,
priority shall be given to those activities which will, in the opinion
of the Commission, lead to major advances in the application of atomic
energy for industrial or commercial purposes.''.
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c. The Commission is authorized to issue licenses to
persons applying therefor for utilization and production
facilities useful in the conduct of research and development
activities of the types specified in section 31 and which are
not facilities of the type specified in subsection 104 b. The
Commission is directed to impose only such minimum amount of
regulation of the licensee as the Commission finds will permit
the Commission to fulfill its obligations under this Act to
promote the common defense and security and to protect the
health and safety of the public and will permit the conduct of
widespread and diverse research and development.
d. No license under this section may be given to any person
for activities which are not under or within the jurisdiction
of the United States, except for the export of production or
utilization facilities under terms of an agreement for
cooperation arranged pursuant to section 123 or except under
the provisions of section 109. No license may be issued to any
corporation or other entity if the Commission knows or has
reason to believe it is owned, controlled, or dominated by an
alien, a foreign corporation, or a foreign government. In any
event, no license may be issued to any person within the United
States if, in the opinion of the Commission, the issuance of a
license to such person would be inimical to the common defense
and security or to the health and safety of the public.
* * * * * * *
Sec. 109.\97\ Component and Other Parts of Facilities.--
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\97\ 42 U.S.C. 2139. Sec. 309(a) of the Nuclear Non-Proliferation
Act of 1978 (92 Stat. 141) amended and restated sec. 109. Sec 309(b) of
that Act also instructed the Commission to publish regulations to
implement the provisions of subsecs. b. and c. of sec. 109. Sec. 309(d)
of that same Act also stated that the amendments to sec. 109 would not
affect the approval of exports contracted for prior to November 1,
1977, which were made by March 10, 1979.
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a. With respect to those utilization and production
facilities which are so determined by the Commission pursuant
to subsection 11 v. (2) or 11 cc. (2) the Commission may issue
general licenses for domestic activities required to be
licensed under section 101, if the Commission determines in
writing that such general licensing will not constitute an
unreasonable risk to the common defense and security.
b. After consulting with the Secretaries of State, Energy,
and Commerce,\98\ the Commission is authorized and directed to
determine which component parts as defined in subsection 11 v.
(2) or 11 cc. (2) and which other items or substances are
especially relevant from the standpoint of export control
because of their significance for nuclear explosive purposes.
Except as provided in section 126 b. (2), no such component,
substance, or item which is so determined by the Commission
shall be exported unless the Commission issues a general or
specific license for its export after finding, based on a
reasonable judgment of the assurances provided and other
information available to the Federal Government, including the
Commission, that the following criteria or their equivalent are
met: (1) IAEA safeguards as required by Article III (2) of the
Treaty will be applied with respect to such component,
substance, or item; (2) no such component, substance, or item
will be used for any nuclear explosive device or for research
on or development of any nuclear explosive device; and (3) no
such component, substance, or item will be retransferred to the
jurisdiction of any other nation or group of nations unless the
prior consent of the United States is obtained for such
retransfer; and after determining in writing that the issuance
of each such general or specific license or category of
licenses will not be inimical to the common defense and
security: Provided, That a specific license shall not be
required for an export pursuant to this section if the
component, item or substance is covered by a facility license
issued pursuant to section 126 of this Act.
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\98\ Sec. 1225(d)(2) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-774) struck out ``and the Director'' at this point.
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c. The Commission shall not issue an export license under
the authority of subsection b. if it is advised by the
executive branch, in accordance with the procedures established
under subsection 126 a., that the export would be inimical to
the common defense and security of the United States.
* * * * * * *
Sec. 111.\99\ a. The Nuclear Regulatory Commission is
authorized to license the distribution of special nuclear
material, source material, and byproduct material by the
Department of Energy pursuant to sections 54, 64, and 82 of
this Act, respectively, in accordance with the same procedures
established by law for the export licensing of such material by
any person: Provided, That nothing in this section shall
require the licensing of the distribution of byproduct material
by the Department of Energy under section 82 of this Act.
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\99\ 42 U.S.C. 2141. Sec. 301(c) of the Nuclear Non-Proliferation
Act of 1978 (Public Law 95-242; 92 Stat. 125). added sec. 111.
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b. The Department of Energy shall not distribute any
special nuclear material or source material under section 54 or
64 of this Act other than under an export license issued by the
Nuclear Regulatory Commission until (1) the Department has
obtained the concurrence of the Department of State and has
consulted with the Nuclear Regulatory Commission \100\ and the
Department of Defense under mutually agreed procedures which
shall be established within not more than ninety days after the
date of enactment of this provision and (2) the Department
finds based on a reasonable judgment of the assurances provided
and the information available to the United States Government,
that the criteria in section 127 of this Act or their
equivalent and any application criteria in subsection 128 are
met, and that the proposed distribution would not be inimical
to the common defense and security.
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\100\ Sec. 1225(d)(3) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-774) struck out ``the Arms Control and Disarmament Agency,
the Nuclear Regulatory Commission,'' and inserted in lieu thereof ``the
Nuclear Regulatory Commission''.
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Chapter 11. International Activities
Sec. 121.\101\ Effect of International Arrangements.--Any
provision of this Act or any action of the Commission to the
extent and during the time that it conflicts with the
provisions of any international arrangement made after the date
of enactment of this Act shall be deemed to be of no force or
effect.
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\101\ 42 U.S.C. 2151.
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Sec. 122.\102\ Policies Contained in International
Arrangements.--In the performance of its functions under this
Act, the Commission shall give maximum effect to the policies
contained in any international arrangement made after the date
of enactment of this Act.
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\102\ 42 U.S.C. 2152.
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Sec. 123.\103\ Cooperation With Other Nations.--
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\103\ 42 U.S.C. 2153. Sec. 401 of the Nuclear Non-Proliferation Act
of 1978 (Public Law 95-242; 92 Stat. 142) amended and restated sec.
123, which Public Law 85-478 (72 Stat. 276), Public Law 85-681 (72
Stat. 632), and Public Law 88-489 (78 Stat. 602) had previously
amended. Sec. 405(a) of the 1978 Act also stated that these amendments
to sec. 123 would not affect the authority to continue cooperation
pursuant to agreements for cooperation executed prior to March 10,
1978. Sec. 407 of the 1978 Act specified that for any agreement entered
into pursuant to sec. 123, the President shall strive to include in
such agreement cooperation between the parties in protecting the
international environment from radioactive, chemical or thermal
contamination arising from peaceful nuclear activities.
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No cooperation with any nation, group of nations or
regional defense organization pursuant to section 53, 54 a.,
57, 64, 82, 91, 103, 104, or 144 shall be undertaken until--
a. the proposed agreement for cooperation has been
submitted to the President, which proposed agreement
shall include the terms, conditions, duration, nature,
and scope of the cooperation; and shall include the
following requirements:
(1) a guaranty by the cooperating party that
safeguards as set forth in the agreement for
cooperation will be maintained with respect to
all nuclear materials and equipment transferred
pursuant thereto, and with respect to all
special nuclear material used in or produced
through the use of such nuclear materials and
equipment, so long as the material or equipment
remains under the jurisdiction or control of
the cooperating party, irrespective of the
duration of other provisions in the agreement
or whether the agreement is terminated or
suspended for any reason;
(2) in the case of non-nuclear-weapon states,
a requirement, as a condition of continued
United States nuclear supply under the
agreement for cooperation, that IAEA safeguards
be maintained with respect to all nuclear
materials in all peaceful nuclear activities
within the territory of such state, under its
jurisdiction, or carried out under its control
anywhere;
(3) except in the case of those agreements
for cooperation arranged pursuant to subsection
91 c., a guaranty by the cooperating party that
no nuclear materials and equipment or sensitive
nuclear technology to be transferred pursuant
to such agreement, and no special nuclear
material produced through the use of any
nuclear materials and equipment or sensitive
nuclear technology transferred pursuant to such
agreement, will be used for any nuclear
explosive device, or for research on or
development of any nuclear explosive device, or
for any other military purpose;
(4) except in the case of those agreements
for cooperation arranged pursuant to subsection
91 c. and agreements for cooperation with
nuclear-weapon states, a stipulation that the
United States shall have the right to require
the return of any nuclear materials and
equipment transferred pursuant thereto and any
special nuclear material produced through the
use thereof if the cooperating party detonates
a nuclear explosive device or terminates or
abrogates an agreement providing for IAEA
safeguards;
(5) a guaranty by the cooperating party that
any material or any Restricted Data transferred
pursuant to the agreement for cooperation and,
except in the case of agreements arranged
pursuant to subsection 91 c., 144 b., 144 c.,
or 144 d.,\104\ any production or utilization
facility transferred pursuant to the agreement
for cooperation or any special nuclear material
produced through the use of any such facility
or through the use of any material transferred
pursuant to the agreement, will not be
transferred to unauthorized persons or beyond
the jurisdiction or control of the cooperating
party without the consent of the United States;
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\104\ Sec. 3155(c)(1)(A) of Public Law 103-337 (108 Stat. 3092)
struck out ``or 144 c.'' wherever it appeared in sec. 123, inserting in
lieu thereof ``144 c., or 144 d.''.
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(6) a guaranty by the cooperating party that
adequate physical security will be maintained
with respect to any nuclear material
transferred pursuant to such agreement and with
respect to any special nuclear material used in
or produced through the use of any material,
production facility, or utilization facility
transferred pursuant to such agreement;
(7) except in the case of agreements for
cooperation arranged pursuant to subsection 91
c., 144 b., 144 c., or 144 d.,\104\ a guaranty
by the cooperating party that no material
transferred pursuant to the agreement for
cooperation and no material used in or produced
through the use of any material, production
facility, or utilization facility transferred
pursuant to the agreement for cooperation will
be reprocessed, enriched or (in the case of
plutonium, uranium 233, or uranium enriched to
greater than twenty percent in the isotope 235,
or other nuclear material which have been
irradiated) otherwise altered in form or
content without the prior approval of the
United States;
(8) except in the case of agreements for
cooperation arranged pursuant to subsection 91
c., 144 b., 144 c., or 144 d.,\104\ a guaranty
by the cooperating party that no plutonium, no
uranium 223, and no uranium enriched to greater
than twenty percent in the isotope 235,
transferred pursuant to the agreement for
cooperation or recovered from any source or
special nuclear material used in any production
facility or utilization facility transferred
pursuant to the agreement for cooperation, will
be stored in any facility that has not been
approved in advance by the United States; and
(9) except in the case of agreements for
cooperation arranged pursuant to subsection 91
c., 144 b., 144 c., or 144 d.,\104\ a guaranty
by the cooperation party that any special
nuclear material, production facility, or
utilization facility produced or constructed
under the jurisdiction of the cooperating party
by or through the use of any sensitive nuclear
technology transferred pursuant to such
agreement for cooperation will be subject to
all the requirements specified in this
subsection.
The President may exempt a proposed agreement for
cooperation (except an agreement arranged pursuant to
subsection 91 c., 144 b., 144 c., or 144 d.) \104\ from
any of the requirements of the foregoing sentence if he
determines that inclusion of any such requirement would
be seriously prejudicial to the achievement of United
States non-proliferation objectives or otherwise
jeopardize that common defense and security. Except in
the case of those agreements for cooperation arranged
pursuant to subsection 91 c., 144 b., 144 c., or 144
d.,\104\ any proposed agreement for cooperation shall
be negotiated by the Secretary of State, with the
technical assistance and concurrence of the Secretary
of Energy; \105\ and after consultation with the
Commission shall be submitted to the President jointly
by the Secretary of State and the Secretary of Energy
accompanied by the views and recommendation of the
Secretary of State, the Secretary of Energy, and \106\
the Nuclear Regulatory Commission. The Secretary of
State \107\ shall also provide to the President an
unclassified Nuclear Proliferation Assessment Statement
(A) which shall analyze the consistency of the text of
the proposed agreement for cooperation with all the
requirements of this Act, with specific attention to
whether the proposed agreement is consistent with each
of the criteria set forth in this subsection, and (B)
\108\ regarding the adequacy of the safeguards and
other control mechanisms and the peaceful use
assurances contained in the agreement for cooperation
to ensure that any assistance furnished thereunder will
not be used to further any military or nuclear
explosive purpose. Each Nuclear Proliferation
Assessment Statement prepared pursuant to this Act
shall be accompanied by a classified annex prepared in
consultation with the Director of Central Intelligence,
summarizing relevant classified information.\109\ In
the case of those agreements for cooperation arranged
pursuant to subsection 91 c., 144 b., 144 c., or 144
d.,\104\ any proposed agreement for cooperation shall
be submitted to the President by the Secretary of
Energy or, in the case of those agreements for
cooperation arranged pursuant to subsection 91 c., 144
b., or 144 d.,\110\ which are to be implemented by the
Department of Defense, by the Secretary of Defense;
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\105\ Sec. 1225(d)(4)(A)(i) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-774) struck out ``and in consultation with the
Director of the Arms Control and Disarmament Agency (`the Director')''.
\106\ Sec. 1225(d)(4)(A)(ii) of Public Law 105-277 (112 Stat. 2681-
774) inserted ``and'' after ``Energy,''.
\107\ Sec. 1225(d)(4)(A)(iii) of Public Law 105-277 (112 Stat.
2681-774) struck out ``Commission, and the Director, who'' and inserted
in lieu thereof ``Commission. The Secretary of State''.
\108\ Sec. 301(a)(1) of the Export Administration Amendments Act of
1985 (Public Law 99-64; 99 Stat. 159) added ``(A) which shall analyze
the consistency of the text of the proposed agreement for cooperation
with all the requirements of this Act, with specific attention to
whether the proposed agreement is consistent with each of the criteria
set forth in this subsection, and (B)''.
\109\ Sec. 1225(d)(4)(A)(iv) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-774) added this sentence.
\110\ Sec. 3155(c)(1)(B) of Public Law 103-337 (108 Stat. 3092)
struck out ``or 144 b.'' and inserted in lieu thereof ``144 b., or 144
d.''. Sec. 1505(g) of Public Law 104-106 (110 Stat. 515) subsequently
inserted a comma preceding ``144 b''.
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b. the President has submitted text of the proposed
agreement for cooperation (except an agreement arranged
pursuant to section 91 c., 144 b., 144 c., or 144
d.),\111\ together with the accompanying unclassified
Nuclear Proliferation Assessment Statement, to the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs \112\ of the House of
Representatives, the President has consulted with such
Committees for a period of not less than thirty days of
continuous session (as defined in section 130 g. of
this Act) concerning the consistency of the terms of
the proposed agreement with all the requirements of
this Act, and \113\ the President has approved and
authorized the execution of the proposed agreement for
cooperation and has made a determination in writing
that the performance of the proposed agreement will
promote, and will not constitute an unreasonable risk
to, the common defense and security; \114\
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\111\ Sec. 3155(c)(1)(C) of Public Law 103-337 (108 Stat. 3092)
inserted the parenthetical text.
\112\ 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.
\113\ Sec. 301(a)(2) of Public Law 99-64 (99 Stat. 159) added ``the
President has submitted text of the proposed agreement for cooperation,
together with the accompanying unclassified Nuclear Proliferation
Assessment Statement, to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives, the President has consulted with such Committees for a
period of not less than thirty days of continuous session (as defined
in section 130 g. of this Act) concerning the consistency of the terms
of the proposed agreement with all the requirements of this Act, and''.
\114\ The President has made several such determinations related to
agreements for cooperation, as follows: No. 98-1 concerning the
Agreement for Cooperation Between the Government of the United States
of America and the Swiss Federal Council Concerning Peaceful Uses of
Nuclear Energy (62 F.R. 55139; October 22, 1997); No. 98-5 concerning
the Agreement for Cooperation Between the Government of the United
States of America and the Republic of Kazakhstan Concerning Peaceful
Uses of Nuclear Energy (62 F.R. 63619; December 1, 1997); No. 98-21
concerning the Agreement for Cooperation Between the Government of the
United States of America and Ukraine Concerning Peaceful Uses of
Nuclear Energy (63 F.R. 26419; May 12, 1998); No. 98-33 concerning the
Agreement for Cooperation Between the Government of the United States
of America and the Government of Romania Concerning Peaceful Uses of
Nuclear Energy (63 F.R. 39695; July 23, 1998); No. 99-30 concerning the
Protocol Amending the Agreement for Cooperation Concerning Civil Uses
of Atomic Energy Between the Government of the United States of America
and the Government of Canada signed at Washington on June 15, 1955 (64
F.R. 35921; July 2, 1999); No. 00-3 concerning the proposed Agreement
for Cooperation Between the United States of America and Australia
Concerning Technology for the Separation of Isotopes and Uranium by
Laser Excitation (64 F.R. 58757; November 1, 1999); No. 2000-26
concerning the Agreement for Cooperation Between the United States of
America and the Republic of Turkey Concerning Peaceful Uses of Nuclear
Energy (65 F.R. 44403; July 18, 2000); No. 2001-25 concerning the
Proposed Protocol Amending the Agreement for Cooperation Between the
Government of the United States of America and the Government of the
Kingdom of Morocco Concerning Peaceful Uses of Nuclear Energy (66 F.R.
46695; September 7, 2001); No. 2008-8 concerning the Proposed Agreement
for Cooperation Between the United States of America and the Republic
of Turkey Concerning Peaceful Uses of Nuclear Energy (73 F.R. 6567;
February 4, 2008); No. 2008-19 concerning the Proposaed Agreement
Between the Government of the United States of America and the
Government of the Russian Federation for Cooperation in the Field of
Peaceful Uses of Nuclear Energy (73 F.R. 27719; May 14, 2008); No.
2008-26 concerning the Proposed Agreement for Cooperation Between the
Government of the United States of America and the Government of India
Concerning Peaceful Uses of Nuclear Energy (73 F.R. 54287; September
18, 2008); and No. 2009-7 concerning the Proposed Agreement for
Cooperation Between the Government of the United States of America And
the Government of the United Arab Emirates Concerning Peaceful Uses of
Nuclear Energy (73 F.R. 70583; November 21, 2008).
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c. the proposed agreement for cooperation (if not an
agreement subject to subsection d.), together with the
approval and determination of the President, has been
submitted to the Committee on Foreign Affairs \115\ of
the House of Representatives and the Committee on
Foreign Relations of the Senate for a period of thirty
days of continuous session (as defined in subsection
130 g.): Provided, however, That these committees,
after having received such agreement for cooperation,
may by resolution in writing waive the conditions of
all or any portion of such thirty-day period; and
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\115\ Sec. 15(f)(5) of Public Law 103-437 (108 Stat. 4592) struck
out ``International Relations'' and inserted in lieu thereof ``Foreign
Affairs''. Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186)
subsequently provided that references to the Committee on Foreign
Affairs of the House of Representatives shall be treated as referring
to the Committee on International Relations of the House of
Representatives.
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d.\116\ the proposed agreement for cooperation (if
arranged pursuant to subsection 91 c., 144 b., 144 c.,
or 144 d.,\104\ or if entailing implementation of
section 53, 54 a., 103, or 104 in relation to a reactor
that may be capable of producing more than five thermal
megawatts or special nuclear material for use in
connection therewith) has been submitted to the
Congress, together with the approval and determination
of the President, for a period of sixty days of
continuous session (as defined in subsection 130 g. of
this Act) and referred to the Committee on Foreign
Affairs \115\, \116\ of the House of
Representatives and the Committee on Foreign Relations
of the Senate, and in addition, in the case of a
proposed agreement for cooperation arranged pursuant to
subsection 91 c., 144 b., 144 c., or 144 d.,\104\ the
Committee on Armed Services \117\ of the House of
Representatives and the Committee on Armed Services of
the Senate, but such proposed agreement for cooperation
shall not become effective if during such sixty-day
period the Congress adopts, and there is enacted, a
joint resolution \118\ stating in substance that the
Congress does not favor the proposed agreement for
cooperation: Provided, That the sixty-day period shall
not begin until a Nuclear Proliferation Assessment
Statement prepared by the Secretary of State, and any
annexes thereto,\119\ when required by subsection 123
a., have been \120\ submitted to the Congress: Provided
further, That an agreement for cooperation exempted by
the President pursuant to subsection a. from any
requirement contained in that subsection shall not
become effective unless the Congress adopts, and there
is enacted, a joint resolution stating that the
Congress does favor such agreement.\121\ During the
sixty-day period the Committee on Foreign Affairs
\115\, \117\ of the House of Representatives
and the Committee on Foreign Relations of the Senate
shall each hold hearings on the proposed agreement for
cooperation and submit a report to their respective
bodies recommending whether it should be approved or
disapproved.\122\ Any such proposed agreement for
cooperation shall be considered pursuant to the
procedures set forth in section 130 i. of this Act for
the consideration of Presidential submissions.
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\116\ Sec. 3155(b) of Public Law 103-337 (108 Stat. 3092) provided
the following:
``(b) Applicability of Notice and Wait Provisions.--Section 123 d.
of the Atomic Energy Act of 1954 (42 U.S.C. 2153(d)), as amended by
subsection (c), shall not apply to a proposed agreement for cooperation
under section 144 d. of such Act, as inserted by subsection (a), until
December 31, 1995.''.
\117\ 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.
\118\ Sec. 301(b)(1) of Public Law 99-64 (99 Stat. 160) struck out
``adopts a concurrent resolution'' and inserted in lieu thereof
``adopts, and there is enacted, a joint resolution''.
\119\ Sec. 1225(d)(4)(B)(i) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-774) struck out ``Nuclear Proliferation
Assessment Statement prepared by the Director of the Arms Control and
Disarmament Agency,'' and inserted in lieu thereof ``Nuclear
Proliferation Assessment Statement prepared by the Secretary of State,
and any annexes thereto,''.
\120\ Sec. 1225(d)(4)(B)(ii) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-774) struck out ``has been'' and inserted in
lieu thereof ``have been''.
\121\ Sec. 301(b)(2) of Public Law 99-64 (99 Stat. 160) added the
second proviso of subsec. d.
\122\ Sec. 301(a)(3) of Public Law 99-64 (99 Stat. 160) added this
sentence.
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Following submission of a proposed agreement for
cooperation (except an agreement for cooperation arranged
pursuant to subsection 91 c., 144 b., 144 c., or 144 d.) \104\
to the Committee on Foreign Affairs \115\ of the House of
Representatives and the Committee on Foreign Relations of the
Senate, the Nuclear Regulatory Commission, the Department of
State, the Department of Energy,\123\ and the Department of
Defense shall, upon the request of either of those committees,
promptly furnish to those committees their views as to whether
the safeguards and other controls contained therein provide an
adequate framework to ensure that any exports as contemplated
by such agreement will not be inimical to or constitute an
unreasonable risk to the common defense and security.
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\123\ Sec. 1225(d)(4)(C) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-774) struck out ``the Arms Control and
Disarmament Agency,''.
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If, after the date of enactment of the Nuclear Non-
Proliferation Act of 1978, the Congress fails to disapprove a
proposed agreement for cooperation which exempts the recipient
nation from the requirement set forth in subsection 123 a. (2),
such failure to act shall constitute a failure to adopt a
resolution of disapproval pursuant to subsection 128 b. (3) for
purposes of the Commission's consideration of applications and
requests under section 126 a. (2) and there shall be no
congressional review pursuant to section 128 of any subsequent
license or authorization with respect to that state until the
first such license or authorization which is issued after
twelve months from the elapse of the sixty-day period in which
the agreement for cooperation in question is reviewed by the
Congress.
e.\124\ The President shall keep the Committee on Foreign
Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate fully and currently informed of
any initiative or negotiations relating to a new or amended
agreement for peaceful nuclear cooperation pursuant to this
section (except an agreement arranged pursuant to section 91
c., 144 b., 144 c., or 144 d., or an amendment thereto).
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\124\ Sec. 202 of the United States-India Nuclear Cooperation
Approval and Nonproliferation Enhancement Act (Public Law 110-369; 122
Stat. 4033) added subsec. e.
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Sec. 124.\125\ International Atomic Pool.--The President is
authorized to enter into an international arrangement with a
group of nations providing for international cooperation in the
nonmilitary applications of atomic energy and he may thereafter
cooperate with that group of nations pursuant to sections 54
a., 57, 64, 82, 103, 104, or 114 a.: Provided, however, That
the cooperation is undertaken pursuant to an agreement for
cooperation entered into in accordance with section 123.
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\125\ 42 U.S.C. 2154.
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Sec. 125.\126\ Cooperation With Berlin.--The President may
authorize the Commission to enter into agreement for
cooperation with the Federal Republic of Germany in accordance
with section 123, on behalf of Berlin, which for the purposes
of this Act comprises those areas over which the Berlin Senate
exercises jurisdiction (the United States, British, and French
sectors) and the Commission may thereafter cooperate with
Berlin pursuant to sections 54 a., 57, 64, 82, 103, or 104:
Provided, That the guaranties required by section 123 shall be
made by Berlin with the approval of the allied commandants.
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\126\ Public Law 85-14 (71 Stat. 11) added sec. 125.
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Sec. 126.\127\ Export Licensing Procedures.--
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\127\ 42 U.S.C. 2155. Sec. 304(a) of the Nuclear Non-Proliferation
Act of 1978 (Public Law 95-242; 92 Stat. 131) added sec. 126.
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a. No license may be issued by the Nuclear Regulatory
Commission (the ``Commission'') for the export of any
production or utilization facility, or any source material or
special nuclear material, including distributions of any
material by the Department of Energy under section 54, 64, or
82, for which a license is required or requested, and no
exemption from any requirement for such an export license may
be granted by the Commission, as the case may be, until--
(1) The Commission has been notified by the Secretary
of State that it is the judgment of the executive
branch that the proposed export or exemption will not
be inimical to the common defense and security, or that
any export in the category to which the proposed export
belongs would not be inimical to the common defense and
security because it lacks significance for nuclear
explosive purposes. The Secretary of State shall,
within ninety days after the enactment of this section,
establish orderly and expeditious procedures,\128\
including provision for necessary administrative
actions and inter-agency memoranda of understanding,
which are mutually agreeable to the Secretaries of
Energy, Defense, and Commerce, and the Nuclear
Regulatory Commission,\129\ for the preparation of the
executive branch judgment on export applications under
this section. Such procedures shall include, at a
minimum, explicit direction on the handling of such
applications, express deadlines for the solicitation
and collection of the views of the consulted agencies
(with identified officials responsible for meeting such
deadlines), an inter-agency coordinating authority to
monitor the processing of such applications,
predetermined procedures for the expeditious handling
of intra-agency and inter-agency disagreements and
appeals to higher authorities, frequent meetings of
inter-agency administrative coordinators to review the
status of all pending applications, and similar
administrative mechanisms. To the extent practicable,
an applicant should be advised of all the information
required of the applicant for the entire process for
every agency's needs at the beginning of the process.
Potentially controversial applications should be
identified as quickly as possible so that any required
policy decisions or diplomatic consultations can be
initiated in a timely manner. An immediate effort
should be undertaken to establish quickly any necessary
standards and criteria, including the nature of any
required assurances or evidentiary showings, for the
decisions required under this section. The processing
of any export application proposed and filed as of the
date of enactment of this section shall not be delayed
pending the development and establishment of procedures
to implement the requirements of this section. The
executive branch judgment shall be completed in not
more than sixty days from receipt of the application or
request, unless the Secretary of State in his
discretion specifically authorizes additional time for
consideration of the application or request because it
is in the national interest to allow such additional
time. The Secretary shall notify the Committee on
Foreign Relations of the Senate and the Committee on
Foreign Affairs \115\ of the House of Representatives
of any such authorization. In submitting any such
judgment, the Secretary of State shall specifically
address the extent to which the export criteria then in
effect are met and the extent to which the cooperating
party has adhered to the provision of the applicable
agreement for cooperation. In the event he considers it
warranted, the Secretary may also address the following
additional factors, among others:
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\128\ See text of procedures in Legislation on Foreign Relations
Through 2005, vol. V, sec. L.
\129\ Sec. 1225(d)(5) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681-774) struck out ``the Director of the Arms Control and
Disarmament Agency, and the Nuclear Regulatory Commission'' and
inserted in lieu thereof ``and the Nuclear Regulatory Commission,''.
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(A) whether issuing the license or granting
the exemption will materially advance the non-
proliferation policy of the United States by
encouraging the recipient nation to adhere to
the Treaty, or to participate in the
undertakings contemplated by section 403 or
404(a) of the Nuclear Non-Proliferation Act of
1978;
(B) whether failure to issue the license or
grant the exemption would otherwise be
seriously prejudicial to the non-proliferation
objectives of the United States; and
(C) whether the recipient nation or group of
nations has agreed that conditions
substantially identical to the export criteria
set forth in section 127 of this Act will be
applied by another nuclear supplier nation or
group of nations to the proposed United States
export, and whether in the Secretary's judgment
those conditions will be implemented in a
manner acceptable to the United States.
The Secretary of State shall provide appropriate data
and recommendations, subject to requests for additional
data and recommendations, as required by the Commission
or the Secretary of Energy, as the case may be; and
(2) the Commission finds, based on a reasonable
judgment of the assurances provided and other
information available to the Federal Government,
including the Commission, that the criteria in section
127 of this Act or their equivalent, and any other
applicable statutory requirements, are met: Provided,
That continued cooperation under an agreement for
cooperation as authorized in accordance with section
124 of this Act shall not be prevented by failure to
meet the provisions of paragraph (4) or (5) of section
127 for a period of thirty days after enactment of this
section, and for a period of twenty-three months
thereafter if the Secretary of State notifies the
Commission that the nation or group of nations bound by
the relevant agreement has agreed to negotiations as
called for in section 404(a) of the Nuclear Non-
Proliferation Act of 1978; however, nothing in this
subsection shall be deemed to relinquish any rights
which the United States may have under agreements for
cooperation in force on the date of enactment of this
section: Provided further, That if, upon the expiration
of such twenty-four month period, the President
determines that failure to continue cooperation with
any group of nations which has been exempted pursuant
to the above proviso from the provisions of paragraph
(4) or (5) of section 127 of this Act, but which has
not yet agreed to comply with those provisions would be
seriously prejudicial to the achievement of United
States non-proliferation objectives or otherwise
jeopardize the common defense and security, he may,
after notifying the Congress of his determination,
extend by Executive order the duration of the above
proviso for a period of twelve months, and may further
extend the duration of such proviso by one year
increments annually thereafter if he again makes such
determination and so notifies the Congress. In the
event that the Committee on Foreign Affairs \115\ of
the House of Representatives or the Committee on
Foreign Relations of the Senate reports a joint
resolution to take any action with respect to any such
extension, such joint resolution will be considered in
the House or Senate, as the case may be, under
procedures identical to those provided for the
consideration of resolutions pursuant to section 130 of
this Act; And additionally provided, That the
Commission is authorized to (A) make a single finding
under this subsection for more than a single
application or request, where the applications or
requests involve exports to the same country, in the
same general time frame, of similar significance for
nuclear explosive purposes and under reasonably similar
circumstances and (B) make a finding under this
subsection that there is no materially changed
circumstance associated with a new application or
request from those existing at the time of the last
application or request for an export to the same
country, where the prior application or request was
approved by the Commission using all applicable
procedures of this section, and such finding of no
materially changed circumstance shall be deemed to
satisfy the requirement of this paragraph for findings
of the Commission. The decision not to make any such
findings in lieu of the findings which would otherwise
be required to be made under this paragraph shall not
be subject to judicial review: And provided further,
That nothing contained in this section is intended to
require the Commission independently to conduct or
prohibit the Commission from independently conducting
country or site specific visitations in the
Commission's consideration of the application of IAEA
safeguards.
b. (1) Timely consideration shall be given by the
Commission to requests for export licenses and exemptions and
such requests shall be granted upon a determination that all
applicable statutory requirements have been met.
(2) If, after receiving the executive branch judgment that
the issuance of a proposed export license will not be inimical
to the common defense and security, the Commission does not
issue the proposed license on a timely basis because it is
unable to make the statutory determinations required under this
Act, the Commission shall publicly issue its decision to that
effect, and shall submit the license application to the
President. The Commission's decision shall include an
explanation of the basis for the decision and any dissenting or
separate views. If, after receiving the proposed license
application and reviewing the Commission's decision, the
President determines that withholding the proposed export would
be seriously prejudicial to the achievement of United States
non-proliferation objectives, or would otherwise jeopardize the
common defense and security, the proposed export may be
authorized by Executive order.\130\ Provided, That prior to any
such export, the President shall submit the Executive order,
together with his explanation of why, in light of the
Commission's decision, the export should nonetheless be made,
to the Congress for a period of sixty days of continuous
session (as defined in subsection 130 g.) and shall be referred
to the Committee on Foreign Affairs \115\ of the House of
Representatives and the Committee on Foreign Relations of the
Senate, but any such proposed export shall not occur if during
such sixty-day period the Congress adopts a concurrent
resolution stating in substance that it does not favor the
proposed export. Any such Executive order shall be considered
pursuant to the procedures set forth in section 130 of this Act
for the consideration of Presidential submissions: And provided
further, That the procedures established pursuant to subsection
(b) of section 304 of the Nuclear Non-Proliferation Act of 1978
shall provide that the Commission shall immediately initiate
review of any application for a license under this section and
to the maximum extent feasible shall expeditiously process the
application concurrently with the executive branch review,
while awaiting the final executive branch judgment. In
initiating its review, the Commission may identify a set of
concerns and requests for information associated with the
projected issuance of such licenses and shall transmit such
concerns and requests to the executive branch which shall
address such concerns and requests in its written
communications with the Commission. Such procedures shall also
provide that if the Commission has not completed action on the
application within sixty days after the receipt of an executive
branch judgment that the proposed export or exemption is not
inimical to the common defense and security or that any export
in the category to which the proposed export beings would not
be inimical to the common defense and security because it lacks
significance for nuclear explosive purposes, the Commission
shall inform the applicant in writing of the reason for delay
and provide follow-up reports as appropriate. If the Commission
has not completed action by the end of any additional sixty
days (a total of one hundred and twenty days from receipt of
the executive branch judgment), the President may authorize the
proposed export by Executive order, upon a finding that further
delay would be excessive and upon making the findings required
for such Presidential authorizations under this subsection, and
subject to the Congressional review procedures set forth
herein. However, if the Commission has commenced procedures for
public participation regarding the proposed export under
regulations promulgated pursuant to subsection (b) of section
304 of the Nuclear Non-Proliferation Act of 1978, or--within
sixty days after receipt of the executive branch judgment on
the proposed export--the Commission has identified and
transmitted to the executive branch a set of additional
concerns or requests for information, the President may not
authorize the proposed export until sixty days after public
proceedings are completed or sixty days after a full executive
branch response to the Commission's additional concerns or
requests has been made consistent with subsection a. (1) of
this section: Provided further, That nothing in this section
shall affect the right of the Commission to obtain data and
recommendations from the Secretary of State at any time as
provided in subsection a. (1) of this section.
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\130\ Pursuant to Presidential Memorandum of October 3, 1980 (45
F.R. 67629; October 14, 1980), the Secretary of State is authorized to
determine the ``time, terms, and conditions of exports made pursuant to
any Executive Order'' issued under this paragraph. This memorandum also
authorized the Secretary, on behalf of the President, to issue ``such
rules, regulations and procedures'' as deemed necessary in order to
exercise the functions delegated by the memorandum.
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c. In the event that the House of Representatives or the
Senate passes a joint resolution which would adopt one or more
additional export criteria, or would modify any existing export
criteria under this Act, any such joint resolution shall be
referred in the other House to the Committee on Foreign
Relations of the Senate or the Committee on Foreign Affairs
\115\ of the House of Representatives, as the case may be, and
shall be considered by the other House under applicable
procedures provided for the consideration of resolutions
pursuant to section 130 of this Act.
Sec. 127.\131\ Criteria Governing United States Nuclear
Exports.--
---------------------------------------------------------------------------
\131\ 42 U.S.C. 2156. Sec. 305 of the Nuclear Non-Proliferation Act
of 1978 (Public Law 95-242; 92 Stat 136) added sec. 127.
---------------------------------------------------------------------------
The United States adopts the following criteria which, in
addition to other requirements of law, will govern exports for
peaceful nuclear uses from the United States of source
material, special nuclear material, production or utilization
facilities, and any sensitive nuclear technology:
(1) IAEA safeguards as required by Article III(2) of
the Treaty will be applied with respect to any such
material or facilities proposed to be exported, to any
such material or facilities proposed to be exported, to
any such material or facilities previously exported and
subject to the applicable agreement for cooperation,
and to any special nuclear material used in or produced
through the use thereof.
(2) No such material, facilities, or sensitive
nuclear technology proposed to be exported or
previously exported and subject to the applicable
agreement for cooperation, and no special nuclear
material produced through the use of such materials,
facilities, or sensitive nuclear technology, will be
used for any nuclear explosive device or for research
on or development of any nuclear explosive device.
(3) Adequate physical security measures will be
maintained with respect to such material or facilities
proposed to be exported and to any special nuclear
material used in or produced through the use thereof.
Following the effective date of any regulations
promulgated by the Commission pursuant to section
304(d) of the Nuclear Non-Proliferation Act of 1978,
physical security measures shall be deemed adequate if
such measures provide a level of protection equivalent
to that required by the applicable regulations.
(4) No such materials, facilities, or sensitive
nuclear technology proposed to be exported, and no
special nuclear material produced through the use of
such material, will be retransferred to the
jurisdiction of any other nation or group of nations
unless the prior approval of the United States is
obtained for such retransfer. In addition to other
requirements of law, the United States may approve such
retransfer only if the nation or group of nations
designated to receive such retransfer agrees that it
shall be subject to the conditions required by this
section.
(5) No such material proposed to be exported and no
special nuclear material produced through the use of
such material will be reprocessed, and no irradiated
fuel elements containing such material removed from a
reactor shall be altered in form or content, unless the
prior approval of the United States is obtained for
such reprocessing or alteration.
(6) No such sensitive nuclear technology shall be
exported unless the foregoing conditions shall be
applied to any nuclear material or equipment which is
produced or constructed under the jurisdiction of the
recipient nation or group of nations by or through the
use of any such exported sensitive nuclear technology.
Sec. 128.\132\ Additional Export Criterion and
Procedures.--
---------------------------------------------------------------------------
\132\ 42 U.S.C. 2157. Sec. 306 of the Non-Proliferation Act of 1978
(92 Stat. 137) added sec. 128.
---------------------------------------------------------------------------
a. (1) As a condition of continued United States export of
source material, special nuclear material, production or
utilization facilities, and any sensitive nuclear technology to
non-nuclear-weapon states, no such export shall be made unless
IAEA safeguards are maintained with respect to all peaceful
nuclear activities in, under the jurisdiction of, or carried
out under the control of such state at the time of the export.
(2) The President shall seek to achieve adherence to the
foregoing criterion by recipient non-nuclear-weapon states.
b. The criterion set forth in subsection a. shall be
applied as an export criterion with respect to any application
for the export of materials, facilities, or technology
specified in subsection a. which is filed after eighteen months
from the date of enactment of this section, or for any such
application under which the first export would occur at least
twenty-four months after the date of enactment of this section,
except as provided in the following paragraphs:
(1) If the Commission or the Department of Energy, as
the case may be, is notified that the President has
determined that failure to approve an export to which
this subsection applies because such criterion has not
yet been met would be seriously prejudicial to the
achievement of United States non-proliferation
objectives or otherwise jeopardize the common defense
and security, the license or authorization may be
issued subject to other applicable requirements of law:
Provided, That no such export of any production or
utilization facility or of any source or special
nuclear material (intended for use as fuel in any
production or utilization facility) which has been
licensed or authorized pursuant to this subsection
shall be made to any non-nuclear-weapon state which has
failed to meet such criterion until the first such
license or authorization with respect to such state is
submitted to the Congress (together with a detailed
assessment of the reasons underlying the President's
determination, the judgment of the executive branch
required under section 126 of this Act, and any
Commission opinion and views) for a period of sixty
days of continuous session (as defined in subsection
130 g. of this Act) and referred to the Committee on
Foreign Affairs \133\ of the House of Representatives
and the Committee on Foreign Relations of the Senate,
but such export shall not occur if during such sixty-
day period the Congress adopts a concurrent resolution
stating in substance that the Congress does not favor
the proposed export. Any such license or authorization
shall be considered pursuant to the procedures set
forth in section 130 of this Act for the consideration
of Presidential submissions.
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\133\ Sec. 15(f)(5) of Public Law 103-437 (108 Stat. 4592) struck
out ``International Relations'' and inserted in lieu thereof ``Foreign
Affairs''. Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186)
subsequently provided that references to the Committee on Foreign
Affairs of the House of Representatives shall be treated as referring
to the Committee on International Relations of the House of
Representatives.
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(2) If the Congress adopts a resolution of
disapproval pursuant to paragraph (1), no further
export of materials, facilities, or technology
specified in subsection a. shall be permitted for the
remainder of that Congress, unless such state meets the
criterion or the President notifies the Congress that
he has determined that significant progress has been
made in achieving adherence to such criterion by such
state or that United States foreign policy interests
dictate reconsideration and the Congress, pursuant to
the procedure of paragraph (1), does not adopt a
concurrent resolution stating in substance that it
disagrees with the President's determination.
(3) If the Congress does not adopt a resolution of
disapproval with respect to a license or authorization
submitted pursuant to paragraph (1), the criterion set
forth in subsection a. shall not be applied as an
export criterion with respect to exports of materials,
facilities and technology specified in subsection a. to
that state: Provided, That the first license or
authorization with respect to that state which is
issued pursuant to this paragraph after twelve months
from the elapse of the sixty-day period specified in
paragraph (1), and the first such license or
authorization which is issued after each twelve-month
period thereafter, shall be submitted to the Congress
for review pursuant to the procedures specified in
paragraph (1): Provided further, That if the Congress
adopts a resolution of disapproval during any review
period provided for by this paragraph, the provisions
of paragraph (2) shall apply with respect to further
exports to such state.
Sec. 129.\134\ Conduct Resulting in Termination of Nuclear
Exports.--
---------------------------------------------------------------------------
\134\ 42 U.S.C. 2158. Sec. 307 of the Nuclear Non-Proliferation Act
of 1978 (Public Law 95-242; 92 Stat. 138) added sec. 129.
---------------------------------------------------------------------------
a.\135\ No nuclear materials and equipment or sensitive
nuclear technology shall be exported to--
---------------------------------------------------------------------------
\135\ Sec. 632(a)(1) of the Energy Policy Act of 2005 (subtitle B
of title VI of Public Law 109-58; 119 Stat. 788) added ``a.''
---------------------------------------------------------------------------
(1) any non-nuclear-weapon state that is found by the
President to have, at any time after the effective date
of this section,
(A) detonated a nuclear explosive device; or
(B) terminated or abrogated IAEA safeguards;
or
(C) materially violated an IAEA safeguards
agreement; or
(D) engaged in activities involving source or
special nuclear material and having direct
significance for the manufacture or acquisition
of nuclear explosive devices, and has failed to
take steps which, in the President's judgment,
represent sufficient progress toward
terminating such activities; or
(2) any nation or group of nations that is found by
the President to have, at any time after the effective
date of this section,
(A) materially violated an agreement for
cooperation with the United States, or, with
respect to material or equipment not supplied
under an agreement for cooperation, materially
violated the terms under which such material or
equipment was supplied or the terms of any
commitments obtained with respect thereto
pursuant to section 402(a) of the Nuclear Non-
Proliferation Act of 1978; or
(B) assisted, encouraged, or induced any non-
nuclear-weapon state to engage in activities
involving source or special nuclear material
and having direct significance for the
manufacture or acquisition of nuclear explosive
devices, and has failed to take steps which, in
the President's judgment, represent sufficient
progress toward terminating such assistance,
encouragement, or inducement; or
(C) entered into an agreement after the date
of enactment of this section for the transfer
of reprocessing equipment, materials, or
technology to the sovereign control of a non-
nuclear-weapon state except in connection with
an international fuel cycle evaluation in which
the United States is a participant or pursuant
to a subsequent international agreement or
understanding to which the United States
subscribes;
unless the President determines \136\ that cessation of such
exports would be seriously prejudicial to the achievement of
United States nonproliferation objectives or otherwise
jeopardize the common defense and security: Provided, That
prior to the effective date of any such determination, the
President's determination, together with a report containing
the reasons for his determination, shall be submitted to the
Congress and referred to the Committee on Foreign Affairs \133\
of the House of Representatives and the Committee on Foreign
Relations of the Senate for a period of sixty days of
continuous session (as defined in subsection 130 g. of this
Act), but any such determination shall not become effective if
during such sixty-day period the Congress adopts, and there is
enacted, a joint resolution \137\ stating in substance that it
does not favor the determination. Any such determination shall
be considered pursuant to the procedures set forth in section
130 of this Act for the consideration of Presidential
submissions.
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\136\ The President made such a determination relating to Romania
on August 30, 1993 (Presidential Determination No. 93-36; 58 F.R.
48261; September 15, 1993).
\137\ Sec. 203 of Public Law 110-369 (United States-India Nuclear
Cooperation Approval and Nonproliferation Enhancement Act; 122 Stat.
4033) struck out ``Congress adopts a concurrent resolution'' and
inserted in lieu thereof ``Congress adopts, and there is enacted, a
joint resolution''.
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b.(1) \138\ Notwithstanding any other provision of law,
including specifically section 121 of this Act, and except as
provided in paragraphs (2) and (3), no nuclear materials and
equipment or sensitive nuclear technology, including items and
assistance authorized by section 57 b. of this Act and
regulated under part 810 of title 10, Code of Federal
Regulations, and nuclear-related items on the Commerce Control
List maintained under part 774 of title 15 of the Code of
Federal Regulations, shall be exported or reexported, or
transferred or retransferred whether directly or indirectly,
and no Federal agency shall issue any license, approval, or
authorization for the export or reexport, or transfer, or
retransfer, whether directly or indirectly, of these items or
assistance (as defined in this paragraph) to any country whose
government has been identified by the Secretary of State as
engaged in state sponsorship of terrorist activities
(specifically including any country the government of which has
been 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)(1) of the Export Administration Act of 1979 (50
U.S.C. App. 2405(j)(1)), or section 40(d) of the Arms Export
Control Act (22 U.S.C. 2780(d)) to have repeatedly provided
support for acts of international terrorism).
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\138\ Sec. 632(a)(2) of the Energy Policy Act of 2005 (subtitle B
of title VI of Public Law 109-58; 119 Stat. 788) added subsec. b. Sec.
632(b) of that Act provided as follows:
``(b) Applicability to Exports Approved for Transfer but Not
Exported.--Subsection b. of section 129 of Atomic Energy Act of 1954,
as added by subsection (a) of this section, shall apply with respect to
exports that have been approved for transfer as of the date of the
enactment of this Act but have not yet been transferred as of that
date.''.
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(2) This subsection shall not apply to exports, reexports,
transfers, or retransfers of radiation monitoring technologies,
surveillance equipment, seals, cameras, tamper-indication
devices, nuclear detectors, monitoring systems, or equipment
necessary to safely store, transport, or remove hazardous
materials, whether such items, services, or information are
regulated by the Department of Energy, the Department of
Commerce, or the Commission, except to the extent that such
technologies, equipment, seals, cameras, devices, detectors, or
systems are available for use in the design or construction of
nuclear reactors or nuclear weapons.
(3) The President may waive the application of paragraph
(1) to a country if the President determines and certifies to
Congress that the waiver will not result in any increased risk
that the country receiving the waiver will acquire nuclear
weapons, nuclear reactors, or any materials or components of
nuclear weapons and--
(A) the government of such country has not within the
preceding 12-month period willfully aided or abetted
the international proliferation of nuclear explosive
devices to individuals or groups or willfully aided and
abetted an individual or groups in acquiring
unsafeguarded nuclear materials;
(B) in the judgment of the President, the government
of such country has provided adequate, verifiable
assurances that it will cease its support for acts of
international terrorism;
(C) the waiver of that paragraph is in the vital
national security interest of the United States; or
(D) such a waiver is essential to prevent or respond
to a serious radiological hazard in the country
receiving the waiver that may or does threaten public
health and safety.
Sec. 130.\139\ Congressional Review Procedures.--
---------------------------------------------------------------------------
\139\ 42 U.S.C. 2159. Sec. 308 of the Nuclear Non-Proliferation Act
of 1978 (Public Law 95-242; 92 Stat. 139) added sec. 130.
---------------------------------------------------------------------------
a. Not later than forty-five days of continuous session of
Congress after the date of transmittal to the Congress of any
submission of the President required by subsection 126 a. (2),
126 b. (2), 128 b., 129, 131 a. (3), or 131 f. (1)(A) of this
Act, the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs \133\ of the House of
Representatives,\140\ shall each submit a report to its
respective House on its views and recommendations respecting
such Presidential submission together with a resolution, as
defined in subsection f., stating in substance that the
Congress approves or disapproves such submission, as the case
may be: Provided, That if any such committee has not reported
such a resolution at the end of such forty-five day period,
such committee shall be deemed to be discharged from further
consideration of such submission.\141\ If no such resolution
has been reported at the end of such period, the first
resolution, as defined in subsection f., which is introduced
within five days thereafter within such House shall be placed
on the appropriate calendar of such House.
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\140\ At this point, sec. 301(c)(1) of Public Law 99-64 (99 Stat.
160) struck out the following words: ``, and in addition, in the case
of a proposed agreement for cooperation arranged pursuant to subsection
91 c., 144 b., or 144 c., the Committee on Armed Services of the House
of Representatives and the Committee on Armed Services of the
Senate,''.
\141\ At this point, sec. 301(c)(1) of Public Law 99-64 (99 Stat.
160) struck out the following words: ``and if, in the case of a
proposed agreement for cooperation arranged pursuant to subsection 91
c., 144 b., or 144 c. of this Act, the other relevant committee of that
House has reported such a resolution, such committee shall be deemed
discharged from further consideration of that resolution''.
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b. When the relevant committee or committees have reported
such a resolution (or have been discharged from further
consideration of such a resolution pursuant to subsection a.)
or when a resolution has been introduced and placed on the
appropriate calendar pursuant to subsection a., as the case may
be, it is at any time thereafter in order (even though a
previous motion to the same effect has been disagreed to) for
any Member of the respective House to move to proceed to the
consideration of the resolution. The motion is highly
privileged and is not debatable. The motion shall not be
subject to amendment, or to a motion to postpone, or to a
motion to proceed to the consideration of other business. A
motion to reconsider the vote by which the motion is agreed to
or disagreed to shall not be in order. If a motion to proceed
to the consideration of the resolution is agreed to, the
resolution shall remain the unfinished business of the
respective House until disposed of.
c. Debate on the resolution, and on all debatable motions
and appeals in connection therewith, shall be limited to not
more than ten hours, which shall be divided equally between
individuals favoring and individuals opposing the resolution. A
motion further to limit debate is in order and not debatable.
An amendment to a motion to postpone, or a motion to recommit
the resolution, or a motion to proceed to the consideration of
other business is not in order. A motion to reconsider the vote
by which the resolution is agreed to or disagreed to shall not
be in order. No amendment to any concurrent resolution pursuant
to the procedures of this section is in order except as
provided in subsection d.
d. Immediately following (1) the conclusion of the debate
on such concurrent resolution, (2) a single quorum call at the
conclusion of debate if requested in accordance with the rules
of the appropriate House, and (3) the consideration of an
amendment introduced by the Majority Leader or his designee to
insert the phrase, ``does not'' in lieu of the word ``does'' if
the resolution under consideration is a concurrent resolution
of approval, the vote on final approval of the resolution shall
occur.
e. Appeals from the decisions of the Chair relating to the
application of the rules of the Senate or the House of
Representatives, as the case may be, to the procedure relating
to such a resolution shall be decided without debate.
f. For the purposes of subsections a. through e. of this
section, the term ``resolution'' means a concurrent resolution
of the Congress, the matter after the resolving clause of which
is as follows: ``That the Congress (does or does not) favor the
...................... transmitted to the Congress by the
President on ......................, ......'', the blank spaces
therein to be appropriately filled, and the affirmative or
negative phrase within the parentheses to be appropriately
selected.
g. (1) Except as provided in paragraph (2), for \142\ the
purposes of this section--
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\142\ Sec. 301(c)(1) of Public Law 99-64 (99 Stat. 160) struck out
``For'' and inserted in lieu thereof ``g. (1) Except as provided in
paragraph (2), for''.
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(A) continuity of session is broken only by an
adjournment of Congress sine die; and
(B) the days on which either House is not in session
because of an adjournment of more than three days to a
day certain are excluded in the
computation of any period of time in which Congress is in
continuous session.
(2) \143\ For purposes of this section insofar as it
applies to section 123--
---------------------------------------------------------------------------
\143\ Sec. 301(c)(2)(A) of Public Law 99-64 (99 Stat. 160) added
para. (2).
---------------------------------------------------------------------------
(A) continuity of session is broken only by an
adjournment of Congress sine die at the end of a
Congress; and
(B) the days on which either House is not in session
because of an adjournment of more than three days are
excluded in the computation of any period of time in
which Congress is in continuous session.
h. This section is enacted by Congress--
(1) as an exercise of the rulemaking power of the
Senate and the House of Representatives, respectively,
and as such they are deemed a part of the rules of each
House, respectively, but applicable only with respect
to the procedure to be followed in that House in the
case of resolutions described by subsection f. of this
section; and they supersede other rules only to the
extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right
of either House to change the rules (so far as relating
to the procedure of that House) at any time, in the
same manner and to the same extent as in the case of
any other rule of that House.
i.\144\ (1) For the purposes of this subsection, the term
``joint resolution'' means--
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\144\ Sec. 301(c)(2)(B) of Public Law 99-64 (99 Stat. 161) added
subsec. (i).
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(A) for an agreement for cooperation pursuant to
section 123 of this Act, a joint resolution, the matter
after the resolving clause of which is as follows:
`That the Congress (does or does not) favor the
proposed agreement for cooperation transmitted to the
Congress by the President on .',
(B) for a determination under section 129 of this
Act, a joint resolution, the matter after the resolving
clause of which is as follows: `That the Congress does
not favor the determination transmitted to the Congress
by the President on .', or
(C) for a subsequent arrangement under section 201 of
the United States-India Nuclear Cooperation Approval
and Nonproliferation Enhancement Act, a joint
resolution, the matter after the resolving clause of
which is as follows: `That the Congress does not favor
the subsequent arrangement to the Agreement for
Cooperation Between the Government of the United States
of America and the Government of India Concerning
Peaceful Uses of Nuclear Energy that was transmitted to
Congress by the President on September 10, 2008.',
with the date \145\ of the transmission of the proposed
agreement for cooperation inserted in the blank, and the
affirmative or negative phrase within the parentheses
appropriately selected.
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\145\ Sec. 205(1) of Public Law 110-369 (United States-India
Nuclear Cooperation Approval and Nonproliferation Enhancement Act; 122
Stat. 4033) struck out ``means a joint resolution, the matter after the
resolving clause of which is as follows: `That the Congress (does or
does not) favor the proposed agreement for cooperation transmitted to
the Congress by the President on .', with the date'' and
inserted in lieu thereof ``means--'', followed by new subparas. (A),
(B), and (C), and ending with ``with the date''.
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(2) On the day on which a proposed agreement for
cooperation is submitted to the House of Representatives and
the Senate under section 123 d., a joint resolution with
respect to such agreement for cooperation shall be introduced
(by request) in the House by the chairman of the Committee on
Foreign Affairs,\146\ for himself and the ranking minority
member of the Committee, or by Members of the House designated
by the chairman and ranking minority member; and shall be
introduced (by request) in the Senate by the majority leader of
the Senate, for himself and the minority leader of the Senate,
or by Members of the Senate designated by the majority leader
and minority leader of the Senate. If either House is not in
session on the day on which such an agreement for cooperation
is submitted, the joint resolution shall be introduced in that
House, as provided in the preceding sentence, on the first day
thereafter on which that House is in session.
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\146\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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(3) All joint resolutions introduced in the House of
Representatives shall be referred to the appropriate committee
or committees, and all joint resolutions introduced in the
Senate shall be referred to the Committee on Foreign Relations
and in addition, in the case of a proposed agreement for
cooperation arranged pursuant to section 91 c., 144 b., or 144
c., the Committee on Armed Services.
(4) If the committee of either House to which a joint
resolution has been referred has not reported it at the end of
45 days after its introduction (or in the case of a joint
resolution related to a subsequent arrangement under section
201 of the United States-India Nuclear Cooperation Approval and
Nonproliferation Enhancement Act, 15 days after its
introduction),\147\ the committee shall be discharged from
further consideration of the joint resolution or of any other
joint resolution introduced with respect to the same matter,
except that, in the case of a joint resolution which has been
referred to more than one committee, if before the end of that
45-day period (or in the case of a joint resolution related to
a subsequent arrangement under section 201 of the United
States-India Nuclear Cooperation Approval and Nonproliferation
Enhancement Act, 15-day period) \147\ one such committee has
reported the joint resolution, any other committee to which the
joint resolution was referred shall be discharged from further
consideration of the joint resolution or of any other joint
resolution introduced with respect to the same matter.
---------------------------------------------------------------------------
\147\ Sec. 205(2)(A) of Public Law 110-369 (United States-India
Nuclear Cooperation Approval and Nonproliferation Enhancement Act; 122
Stat. 4034) inserted ``(or in the case of a joint resolution related to
a subsequent arrangement under section 201 of the United States-India
Nuclear Cooperation Approval and Nonproliferation Enhancement Act, 15
days after its introduction)'' after ``45 days after its
introduction''. Sec. 205(2)(B) of that Act inserted ``(or in the case
of a joint resolution related to a subsequent arrangement under section
201 of the United States-India Nuclear Cooperation Approval and
Nonproliferation Enhancement Act, 15-day period)'' after ``45-day
period''.
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(5) A joint resolution under this subsection shall be
considered in the Senate in accordance with the provisions of
section 601(b)(4) of the International Security Assistance and
Arms Export Control Act of 1976. For the purpose of expediting
the consideration and passage of joint resolutions reported or
discharged pursuant to the provisions of this subsection, it
shall be in order for the Committee on Rules of the House of
Representatives to present for consideration a resolution of
the House of Representatives providing procedures for the
immediate consideration of a joint resolution under this
subsection which may be similar, if applicable, to the
procedures set forth in section 601(b)(4) of the International
Security Assistance and Arms Export Control Act of 1976.
(6) In the case of a joint resolution described in
paragraph (1), if prior to the passage by one House of a joint
resolution in that House, that House received a joint
resolution with respect to the same matter from the other
House, then--
(A) the procedures in that House shall be the same as
if no joint resolution had been received from the other
House; but
(B) the vote on final passage shall be on the joint
resolution of the other House.
Sec. 131.\148\ Subsequent Arrangements.--
---------------------------------------------------------------------------
\148\ 42 U.S.C. 2160. Sec. 303(a) of the Nuclear Non-Proliferation
Act of 1978 (92 Stat. 127) added sec. 131.
Sec. 201 of the United States-India Nuclear Cooperation Approval
and Nonproliferation Enhancement Act (Public Law 110-369; 122 Stat.
4032) provides procedures for a subsequent U.S.-India agreement on
reprocessing nuclear materials ``[n]otwithstanding section 131 of the
Atomic Energy Act of 1954''. See p. xx, this volume.
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a. (1) Prior to entering into any proposed subsequent
arrangement under an agreement for cooperation (other than an
agreement for cooperation arranged pursuant to subsection 91
c., 144 b., or 144 c. of this Act), the Secretary of Energy
shall obtain the concurrence of the Secretary of State and
shall consult with \149\ the Commission, and the Secretary of
Defense: Provided, That the Secretary of State shall have the
leading role in any negotiations of a policy nature pertaining
to any proposed subsequent arrangement regarding arrangements
for the storage or disposition of irradiated fuel elements or
approvals for the transfer, for which prior approval is
required under an agreement for cooperation, by a recipient of
source or special nuclear material, production or utilization
facilities, or nuclear technology. Notice of any proposed
subsequent arrangement shall be published in the Federal
Register, together with the written determination of the
Secretary of Energy that such arrangement will not be inimical
to the common defense and security, and such proposed
subsequent arrangement shall not take effect before fifteen
days after publication. Whenever the Secretary of State is
required \150\ to prepare a Nuclear Proliferation Assessment
Statement pursuant to paragraph (2) of this subsection, notice
of the proposed subsequent arrangement which is the subject of
the requirement to prepare a Nuclear Proliferation Assessment
Statement \151\ shall not be published until after the receipt
by the Secretary of Energy of such Statement or the expiration
of the time authorized by subsection c. for the preparation of
such Statement, whichever occurs first.\152\
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\149\ Sec. 1225(d)(6)(A)(i) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-774) struck out ``the Director,''.
\150\ Sec. 1225(d)(6)(A)(ii) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-774) struck out ``the Director declares that he
intends'' and inserted in lieu thereof ``the Secretary of State is
required''.
\151\ Sec. 1225(d)(6)(A)(iii) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-774) struck out ``the Director's declaration''
and inserted in lieu thereof ``the requirement to prepare a Nuclear
Proliferation Assessment Statement''.
\152\ Sec. 406 of the Nuclear Non-Proliferation Act of 1978 (92
Stat. 148) provided that ``No court or regulatory body shall have any
jurisdiction under any law to compel the performance of or to review
the adequacy of the performance of any Nuclear Proliferation Assessment
Statement called for in this Act or in the 1954 Act.''.
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(2) If in the view of the Secretary of State, Secretary of
Energy, Secretary of Defense, or the Commission \153\ a
proposed subsequent arrangement might significantly contribute
to proliferation, the Secretary of State, in consultation with
such Secretary or the Commission, shall prepare \154\ an
unclassified Nuclear Proliferation Assessment Statement \152\
with regard to such proposed subsequent arrangement regarding
the adequacy of the safeguards and other control mechanisms and
the application of the peaceful use assurances of the relevant
agreement to ensure that assistance to be furnished pursuant to
the subsequent arrangement will not be used to further any
military or nuclear explosive purpose. For the purposes of this
section, the term ``subsequent arrangements'' means
arrangements entered into by any agency or department of the
United States Government with respect to cooperation with any
nation or group of nations (but not purely private or domestic
arrangements) involving--
---------------------------------------------------------------------------
\153\ Sec. 1225(d)(6)(B)(i) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-774) struck out ``Director's view'' and
inserted in lieu thereof ``view of the Secretary of State, Secretary of
Energy, Secretary of Defense, or the Commission''.
\154\ Sec. 1225(d)(6)(B)(ii) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-774) struck out ``he shall prepare'' and
inserted in lieu thereof ``the Secretary of State, in consultation with
such Secretary or the Commission, shall prepare''.
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(A) contracts for the furnishing of nuclear materials
and equipment;
(B) approvals for the transfer, for which prior
approval is required under an agreement for
cooperation, by a recipient of any source or special
nuclear material, production or utilization facility,
or nuclear technology;
(C) authorization for the distribution of nuclear
materials and equipment pursuant to this Act which is
not subject to the procedures set forth in section 111
b., section 126, or section 109 b.;
(D) arrangements for physical security;
(E) arrangements for the storage or disposition of
irradiated fuel elements;
(F) arrangements for the application of safeguards
with respect to nuclear materials and equipment; or
(G) any other arrangement which the President finds
to be important from the standpoint of preventing
proliferation.
(3) The United States will give timely consideration to all
requests for prior approval, when required by this Act, for the
reprocessing of material proposed to be exported, previously
exported and subject to the applicable agreement for
cooperation, or special nuclear material produced through the
use of such material or a production or utilization facility
transferred pursuant to such agreement for cooperation, or to
the altering of irradiated fuel elements containing such
material, and additionally, to the maximum extent feasible,
will attempt to expedite such consideration when the terms and
conditions for such actions are set forth in such agreement for
cooperation or in some other international agreement executed
by the United States and subject to congressional review
procedures comparable to those set forth in section 123 of this
Act.
(4) All other statutory requirements under other sections
of this Act for the approval or conduct of any arrangement
subject to this subsection shall continue to apply and any
other such requirements for prior approval or conditions for
entering such arrangements shall also be satisfied before the
arrangement takes effect pursuant to subsection a. (1).
b. With regard to any special nuclear material exported by
the United States or produced through the use of any nuclear
materials and equipment or sensitive nuclear technology
exported by the United States--
(1) the Secretary of Energy may not enter into any
subsequent arrangement for the retransfer of any such
material to a third country for reprocessing, for the
reprocessing of any such material, or for the
subsequent retransfer of any plutonium in quantities
greater than 500 grams resulting from the reprocessing
of any such material, until he has provided the
Committee on Foreign Affairs \155\ of the House of
Representatives and the Committee on Foreign Relations
of the Senate with a report containing his reasons for
entering into such arrangement and a period of 15 days
of continuous session (as defined in subsection 130 g.
of this Act) has elapsed: Provided, however, That if in
the view of the President an emergency exists due to
unforeseen circumstances requiring immediate entry into
a subsequent arrangement, such period shall consist of
fifteen calendar days;
---------------------------------------------------------------------------
\155\ Sec. 15(f)(6)(A) of Public Law 103-437 (108 Stat. 4592)
struck out ``International Relations'' and inserted in lieu thereof
``Foreign Affairs''. Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186)
subsequently 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 Secretary of Energy may not enter into any
subsequent arrangement for the reprocessing of any such
material in a facility which has not processed power
reactor fuel assemblies or been the subject of a
subsequent arrangement therefor prior to the date of
enactment of the Nuclear Non-Proliferation Act of 1978
or for subsequent retransfer to a non-nuclear-weapon
state of any plutonium in quantities greater than 500
grams resulting from such reprocessing, unless in his
judgment, and that of the Secretary of State, such
reprocessing or retransfer will not result in a
significant increase of the risk of proliferation
beyond that which exists at the time that approval is
requested. Among all the factors in making this
judgment, foremost consideration will be given to
whether or not the reprocessing or retransfer will take
place under conditions that will ensure timely warning
to the United States of any diversion well in advance
of the time at which the non-nuclear-weapon state could
transform the diverted material into a nuclear
explosive device; and
(3) the Secretary of Energy shall attempt to ensure,
in entering into any subsequent arrangement for the
reprocessing of any such material in any facility that
has processed power reactor fuel assemblies or been the
subject of a subsequent arrangement therefor prior to
the date of enactment of the Nuclear Non-Proliferation
Act of 1978, or for the subsequent retransfer to any
non-nuclear-weapon state of any plutonium in quantities
greater than 500 grams resulting from such
reprocessing, that such reprocessing or retransfer
shall take place under conditions comparable to those
which in this view, and that of the Secretary of State,
satisfy the standards set forth in the paragraph (2).
c. The Secretary of Energy shall, within ninety days after
the enactment of this section, establish orderly and
expeditious procedures, including provision for necessary
administrative actions and inter-agency memoranda of
understanding, which are mutually agreeable to the Secretaries
of State, Defense, and Commerce \156\ and the Nuclear
Regulatory Commission for the consideration of requests for
subsequent arrangements under this section.\157\ Such
procedures shall include, at a minimum, explicit direction on
the handling of such requests, express deadlines for the
solicitation and collection of the views of the consulted
agencies (with identified officials responsible for meeting
such deadlines), an inter-agency coordinating authority to
monitor the processing of such requests, predetermined
procedures for the expeditious handling of intra-agency and
inter-agency disagreements and appeals to higher authorities,
frequent meetings of inter-agency administrative coordinators
to review the status of all pending requests, and similar
administrative mechanisms. To the extent practicable, an
applicant should be advised of all the information required of
the applicant for the entire process for every agency's needs
at the beginning of the process. Potentially controversial
requests should be identified as quickly as possible so that
any required policy decisions or diplomatic consultations can
be initiated in a timely manner. An immediate effort should be
undertaken to establish quickly any necessary standards and
criteria, including the nature of any required assurance or
evidentiary showings, for the decisions required under this
section. Further, such procedures shall specify that if he
intends to prepare a Nuclear Proliferation Assessment
Statement, the Secretary of State \158\ shall so declare in his
response to the Department of Energy. If the Secretary of State
\158\ declares that he intends to prepare such a Statement, he
shall do so within sixty days of his receipt of a copy of the
proposed subsequent arrangement (during which time the
Secretary of Energy may not enter into the subsequent
arrangement), unless pursuant to the Secretary of State's \158\
request, the President waives the sixty-day requirement and
notifies the Committee on Foreign Affairs \155\ of the House of
Representatives and the Committee on Foreign Relations of the
Senate of such waiver and the justification therefor. The
processing of any subsequent arrangement proposed and filed as
of the date of enactment of this section shall not be delayed
pending the development and establishment of procedures to
implement the requirements of this section.
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\156\ Sec. 1225(d)(7)(A) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-775) struck out ``, the Director of the Arms
Control and Disarmament Agency,''.
\157\ See text of procedures in Legislation on Foreign Relations
Through 2005, vol. V, sec. L.
\158\ Sec. 1225(d)(7)(B) of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-774) struck out ``Director'' in the sixth and
seventh sentence of this subsection, and inserted in lieu thereof
``Secretary of State''. Sec. 1225(d)(7)(C) of that Act struck out
``Director's'' and inserted in lieu thereof ``Secretary of State's'' in
the seventh sentence.
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d. Nothing in this section is intended to prohibit,
permanently or unconditionally, the reprocessing of spent fuel
owned by a foreign nation which fuel has been supplied by the
United States, to preclude the United States from full
participation in the International Nuclear Fuel Cycle
Evaluation provided for in section 105 of the Nuclear Non-
Proliferation Act of 1978; to in any way limit the presentation
or consideration in that evaluation of any nuclear fuel cycle
by the United States or any other participation; nor the
prejudice open and objective consideration of the results of
the evaluation.
e. Notwithstanding subsection 402(d) of the Department of
Energy Organization Act (Public Law 95-91), the Secretary of
Energy, and not the Federal Energy Regulatory Commission, shall
have sole jurisdiction within the Department of Energy over any
matter arising from any function of the Secretary of Energy in
this section.
f. (1) With regard to any subsequent arrangement under
subsection a. (2)(E) (for the storage or disposition of
irradiated fuel elements), where such arrangement involves a
direct or indirect commitment of the United States for the
storage or other disposition, interim or permanent, of any
foreign spent nuclear fuel in the United States, the Secretary
of Energy may not enter into any such subsequent arrangement,
unless:
(A)(i) Such commitment of the United States has been
submitted to the Congress for a period of sixty days of
continuous session (as defined in subsection 130 g. of
this Act) and has been referred to the Committee on
Foreign Affairs \155\ of the House of Representatives
and the Committee on Foreign Relations of the Senate,
but any such commitment shall not become effective if
during such sixty-day period the Congress adopts a
concurrent resolution stating in substance that it does
not favor the commitment, any such commitment to be
considered pursuant to the procedures set forth in
section 130 of this Act for the consideration of
Presidential submissions; or (ii) if the President has
submitted a detailed generic plan for such disposition
or storage in the United States to the Congress for a
period of sixty days of continuous session (as defined
in subsection 130 g. of this Act), which plan has been
referred to the Committee on Foreign Affairs \155\ of
the House of Representatives and the Committee on
Foreign Relations of the Senate and has not been
disapproved during such sixty-day period by the
adoption of a concurrent resolution stating in
substance that Congress does not favor the plan; and
the commitment is subject to the terms of an effective
plan. Any such plan shall be considered pursuant to the
procedures set forth in section 130 of this Act for the
consideration of Presidential submissions;
(B) The Secretary of Energy has complied with
subsection a.; and
(C) The Secretary of Energy has complied, or in the
arrangement will comply with all other statutory
requirements of this Act, under sections 54 and 55 and
any other applicable sections, and any other
requirements of law.
(2) Subsection (1) shall not apply to the storage or other
disposition in the United States of limited quantities of
foreign spent nuclear fuel if the President determines that (A)
a commitment under section 54 or 55 of this Act of the United
States for storage or other disposition of such limited
quantities in the United States is required by an emergency
situation, (B) it is in the national interest to take such
immediate action, and (C) he notifies the Committees on Foreign
Affairs \155\ and Science, Space, and Technology \159\ of the
House of Representatives and the Committees on Foreign
Relations and Energy and Natural Resources of the Senate of the
determination and action, with a detailed explanation and
justification thereof, as soon as possible.
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\159\ Sec. 15(f)(6)(B) of Public Law 103-437 (108 Stat. 4593)
struck out ``Science and Technology'' and inserted in lieu thereof
``Science, Space, and Technology''. Sec. 1(a)(10) of Public Law 104-14
(109 Stat. 187) subsequently provided that references to the Committee
on Science, Space, and Technology of the House of Representatives shall
be treated as referring to the Committee on Science of the House of
Representatives.
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(3) Any plan submitted by the President under subsection f.
(1) shall include a detailed discussion, with detailed
information, and any supporting documentation thereof, relating
to policy objectives, technical description, geographic
information, cost data and justifications, legal and regulatory
considerations, environmental impact information and any
related international agreements, arrangements or
understandings.
(4) For the purposes of this subsection, the term ``foreign
spent nuclear fuel'' shall include any nuclear fuel irradiated
in any nuclear power reactor located outside of the United
States and operated by any foreign legal entity, government or
nongovernment, regardless of the legal ownership or other
control of the fuel or the reactor and regardless of the origin
or licensing of the fuel or reactor, but not including fuel
irradiated in a research reactor.
Sec. 132.\160\ Authority to Suspend Nuclear Cooperation
with Nations Which Have Not Ratified the Convention on the
Physical Security of Nuclear Material.--
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\160\ 42 U.S.C. 2160b. Sec. 602 of Public Law 99-399 (100 Stat.
875) added sec. 132.
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The President may suspend nuclear cooperation under this
Act with any nation or group of nations which has not ratified
the Convention on the Physical Security of Nuclear Material.
Sec. 133.\161\ Consultation with the Department of Defense
Concerning Certain Exports and Subsequent Arrangements.--
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\161\ 42 U.S.C. 2160c. Sec. 603 of Public Law 99-399 (100 Stat.
875) added sec. 133.
---------------------------------------------------------------------------
a. In addition to other applicable requirements--
(1) a license may be issued by the Nuclear Regulatory
Commission under this Act for the export of special
nuclear material described in subsection b.; and
(2) approval may be granted by the Secretary of
Energy under section 131 of this Act for the transfer
of special nuclear material described in subsection b.;
only after the Secretary of Defense has been consulted on
whether the physical protection of that material during the
export or transfer will be adequate to deter theft, sabotage,
and other acts of international terrorism which would result in
the diversion of that material. If, in the view of the
Secretary of Defense based on all available intelligence
information, the export or transfer might be subject to a
genuine terrorist threat, the Secretary shall provide to the
Nuclear Regulatory Commission or the Secretary of Energy, as
appropriate, his written assessment of the risk and a
description of the actions the Secretary of Defense considers
necessary to upgrade physical protection measures.
b. Subsection a. applies to the export or transfer of more
than 2 kilograms of plutonium or more than 5 kilograms \162\ of
uranium enriched to more than 20 percent in the isotope 233 or
the isotope 235.
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\162\ Sec. 829 of Public Law 103-236 (108 Stat. 521) struck out
``20 kilograms'' and inserted in lieu thereof ``5 kilograms''.
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Sec. 134.\163\ Further Restrictions on Exports.--
---------------------------------------------------------------------------
\163\ 42 U.S.C. 2160d. Sec. 903(a)(1) of the Energy Policy Act of
1992 (Public Law 102-486; 106 Stat. 2944) added sec. 134.
Sec. 903(b) of that Act further provided the following:
``(b) Report to Congress.--
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``(1) In general.--Not later than 90 days after the date of the enactment
of this Act, the Chairman of the Nuclear Regulatory Commission, after
consulting with other relevant agencies, shall submit to the Congress a
report detailing the current disposition of previous United States exports
of highly enriched uranium, including--
``(A) their location;
``(B) whether they are irradiated;
``(C) whether they have been used for the purpose stated in their export
license; and
``(D) whether they have been used for an alternative purpose and, if so,
whether such alternative purpose has been explicitly approved by the
Commission.
``(2) Exports to euratom.--To the maximum extent possible, the report
required by paragraph (1) shall include--
``(A) exports of highly enriched uranium to EURATOM; and
``(B) subsequent retransfers of such material within EURATOM, without
regard to the extent of United States control over such retransfers.''.
a. In General.--Except as provided in subsection b., the
Commission \164\ may issue a license for the export of highly
enriched uranium to be used as a fuel or target in a nuclear
research or test reactor only if, in addition to any other
requirement of this Act, the Commission determines that--
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\164\ Sec. 630(1) of the Energy Policy Act of 2005 (subtitle B of
title VI of Public Law 109-58; 119 Stat. 785) struck out ``a. The
Commission'' and inserted in lieu thereof ``a. In General.--Except as
provided in subsection b., the Commission''.
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(1) there is no alternative nuclear reactor fuel or
target enriched in the isotope 235 to a lesser percent
than the proposed export, that can be used in that
reactor;
(2) the proposed recipient of that uranium has
provided assurances that, whenever an alternative
nuclear reactor fuel or target can be used in that
reactor, it will use that alternative in lieu of highly
enriched uranium; and
(3) the United States Government is actively
developing an alternative nuclear reactor fuel or
target that can be used in that reactor.
b.\165\ Medical Isotope Production.--
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\165\ Sec. 630(2) of the Energy Policy Act of 2005 (subtitle B of
title VI of Public Law 109-58; 119 Stat. 785) redesignated subsec. b.
as subsec. c., and added a new subsec. b.
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(1) Definitions.--In this subsection:
(A) Highly enriched uranium.--The term
``highly enriched uranium'' means uranium
enriched to include concentration of U-235
above 20 percent.
(B) Medical isotope.--The term ``medical
isotope'' includes Molybdenum 99, Iodine 131,
Xenon 133, and other radioactive materials used
to produce a radiopharmaceutical for
diagnostic, therapeutic procedures or for
research and development.
(C) Radiopharmaceutical.--The term
``radiopharmaceutical'' means a radioactive
isotope that--
(i) contains byproduct material
combined with chemical or biological
material; and
(ii) is designed to accumulate
temporarily in a part of the body for
therapeutic purposes or for enabling
the production of a useful image for
use in a diagnosis of a medical
condition.
(D) Recipient country.--The term ``recipient
country'' means Canada, Belgium, France,
Germany, and the Netherlands.
(2) Licenses.--The Commission may issue a license
authorizing the export (including shipment to and use
at intermediate and ultimate consignees specified in
the license) to a recipient country of highly enriched
uranium for medical isotope production if, in addition
to any other requirements of this Act (except
subsection a.), the Commission determines that--
(A) a recipient country that supplies an
assurance letter to the United States
Government in connection with the consideration
by the Commission of the export license
application has informed the United States
Government that any intermediate consignees and
the ultimate consignee specified in the
application are required to use the highly
enriched uranium solely to produce medical
isotopes; and
(B) the highly enriched uranium for medical
isotope production will be irradiated only in a
reactor in a recipient country that--
(i) uses an alternative nuclear
reactor fuel; or
(ii) is the subject of an agreement
with the United States Government to
convert to an alternative nuclear
reactor fuel when alternative nuclear
reactor fuel can be used in the
reactor.
(3) Review of physical protection requirements.--
(A) In general.--The Commission shall review
the adequacy of physical protection
requirements that, as of the date of an
application under paragraph (2), are applicable
to the transportation and storage of highly
enriched uranium for medical isotope production
or control of residual material after
irradiation and extraction of medical isotopes.
(B) Imposition of additional requirements.--
If the Commission determines that additional
physical protection requirements are necessary
(including a limit on the quantity of highly
enriched uranium that may be contained in a
single shipment), the Commission shall impose
such requirements as license conditions or
through other appropriate means.
(4) First report to congress.--
(A) NAS study.--The Secretary shall enter
into an arrangement with the National Academy
of Sciences to conduct a study to determine--
(i) the feasibility of procuring
supplies of medical isotopes from
commercial sources that do not use
highly enriched uranium;
(ii) the current and projected demand
and availability of medical isotopes in
regular current domestic use;
(iii) the progress that is being made
by the Department of Energy and others
to eliminate all use of highly enriched
uranium in reactor fuel, reactor
targets, and medical isotope production
facilities; and
(iv) the potential cost differential
in medical isotope production in the
reactors and target processing
facilities if the products were derived
from production systems that do not
involve fuels and targets with highly
enriched uranium.
(B) Feasibility.--For the purpose of this
subsection, the use of low enriched uranium to
produce medical isotopes shall be determined to
be feasible if--
(i) low enriched uranium targets have
been developed and demonstrated for use
in the reactors and target processing
facilities that produce significant
quantities of medical isotopes to serve
United States needs for such isotopes;
(ii) sufficient quantities of medical
isotopes are available from low
enriched uranium targets and fuel to
meet United States domestic needs; and
(iii) the average anticipated total
cost increase from production of
medical isotopes in such facilities
without use of highly enriched uranium
is less than 10 percent.
(C) Report by the secretary.--Not later than
5 years after the date of enactment of the
Energy Policy Act of 2005, the Secretary shall
submit to Congress a report that--
(i) contains the findings of the
National Academy of Sciences made in
the study under subparagraph (A); and
(ii) discloses the existence of any
commitments from commercial producers
to provide domestic requirements for
medical isotopes without use of highly
enriched uranium consistent with the
feasibility criteria described in
subparagraph (B) not later than the
date that is 4 years after the date of
submission of the report.
(5) Second report to congress.--If the study of the
National Academy of Sciences determines under paragraph
(4)(A)(i) that the procurement of supplies of medical
isotopes from commercial sources that do not use highly
enriched uranium is feasible, but the Secretary is
unable to report the existence of commitments under
paragraph (4)(C)(ii), not later than the date that is 6
years after the date of enactment of the Energy Policy
Act of 2005, the Secretary shall submit to Congress a
report that describes options for developing domestic
supplies of medical isotopes in quantities that are
adequate to meet domestic demand without the use of
highly enriched uranium consistent with the cost
increase described in paragraph (4)(B)(iii).
(6) Certification.--At such time as commercial
facilities that do not use highly enriched uranium are
capable of meeting domestic requirements for medical
isotopes, within the cost increase described in
paragraph (4)(B)(iii) and without impairing the
reliable supply of medical isotopes for domestic
utilization, the Secretary shall submit to Congress a
certification to that effect.
(7) Sunset provision.--After the Secretary submits a
certification under paragraph (6), the Commission
shall, by rule, terminate its review of export license
applications under this subsection.
c.\165\ As used in this section--
(1) the term ``alternative nuclear reactor fuel or
target'' means a nuclear reactor fuel or target which
is enriched to less than 20 percent in the isotope U-
235;
(2) the term ``highly enriched uranium'' means
uranium enriched to 20 percent or more in the isotope
U-235; and
(3) a fuel or target ``can be used'' in a nuclear
research or test reactor if--
(A) the fuel or target has been qualified by
the Reduced Enrichment Research and Test
Reactor Program of the Department of Energy,
and
(B) use of the fuel or target will permit the
large majority of ongoing and planned
experiments and isotope production to be
conducted in the reactor without a large
percentage increase in the total cost of
operating the reactor.
Chapter 12. Control of Information
Sec. 141.\166\ Policy.--It shall be the policy of the
Commission to control the dissemination and declassification of
Restricted Data in such a manner as to assure the common
defense and security. Consistent with such policy, the
Commission shall be guided by the following principles:
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\166\ 42 U.S.C. 2161.
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a. Until effective and enforceable international safeguards
against the use of atomic energy for destructive purposes have
been established by an international arrangement, there shall
be no exchange of Restricted Data with other nations except as
authorized by section 144; and
b. The dissemination of scientific and technical
information relating to atomic energy should be permitted and
encouraged so as to provide that free interchange of ideas and
criticism which is essential to scientific and industrial
progress and public understanding and to enlarge the fund of
technical information.
Sec. 142.\167\ Classification and Declassification of
Restricted Data.--
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\167\ 42 U.S.C. 2162. Sec. 3152 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat.
2644) originally added a subsec. f. to this section. Sec. 3155(c)(3) of
Public Law 103-337 (108 Stat. 3092) subsequently repealed subsec. f.,
which formerly read as follows:
``f. Notwithstanding any other law, the President may publicly
release Restricted Data regarding the nuclear weapons stockpile of the
United States if the United States and member states of the
Commonwealth of Independent States reach reciprocal agreement on the
release of such data.''.
Sec. 3155 of Public Law 104-106 (110 Stat. 625; 42 U.S.C. 2162
note) provided the following:
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``sec. 3155. review of certain documents before declassification and
release.
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``(a) In General.--The Secretary of Energy shall ensure that,
before a document of the Department of Energy that contains national
security information is released or declassified, such document is
reviewed to determine whether it contains restricted data.
``(b) Limitation on Declassification.--The Secretary may not
implement the automatic declassification provisions of Executive Order
12958 if the Secretary determines that such implementation could result
in the automatic declassification and release of documents containing
restricted data.
``(c) Restricted Data Defined.--In this section, the term
`restricted data' has the meaning provided by section 11 y. of the
Atomic Energy Act of 1954 (42 U.S.C. 2014(y)).''.
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a. The Commission shall from time to time determine the
data, within the definition of Restricted Data, which can be
published without undue risk to the common defense and security
and shall thereupon cause such data to be declassified and
removed from the category of Restricted Data.
b. The Commission shall maintain a continuous review of
Restricted Data and of any Classification Guides issued for the
guidance of those in the atomic energy program with respect to
the areas of Restricted Data which have been declassified in
order to determine which information may be declassified and
removed from the category of Restricted Data without undue risk
to the common defense and security.
c. In the case of Restricted Data which the Commission and
the Department of Defense jointly determine to relate primarily
to the military utilization of atomic weapons, the
determination that such data may be published without
constituting an unreasonable risk to the common defense and
security shall be made by the Commission and the Department of
Defense jointly, and if the Commission and the Department of
Defense do not agree, the determination shall be made by the
President.
d. The Commission shall remove from the Restricted Data
category such data as the Commission and the Department of
Defense jointly determine relates primarily to the military
utilization of atomic weapons and which the Commission and
Department of Defense jointly determine can be adequately
safeguarded as defense information: Provided, however, That no
such data so removed from the Restricted Data category shall be
transmitted or otherwise made available to any nation or
regional defense organization, while such data remains defense
information, except pursuant to an agreement for cooperation
entered into in accordance with subsection b. or d. of section
144.\168\
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\168\ Sec. 3155(c)(2) of Public Law 103-337 (108 Stat. 3092) struck
out ``subsection 144 b.'' and inserted in lieu thereof ``subsection b.
or d. of section 144.''.
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e. The Commission shall remove from the Restricted Data
category such information concerning the atomic energy programs
of other nations as the Commission and the Director of Central
Intelligence jointly determine to be necessary to carry out the
provisions of section 102(d) of the National Security Act of
1947, as amended, and can be adequately safeguarded as defense
information.
Sec. 143.\169\ Department of Defense Participation.--The
Commission may authorize any of its employees, or employees of
any contractor, prospective contractor, licensee or prospective
licensee of the Commission or any other person authorized
access to Restricted Data by the Commission under subsections
145 b. and 145 c.\170\ to permit any employee of an agency of
the Department of Defense or of its contractors, or any member
of the Armed Forces to have access to Restricted Data required
in the performance of his duties and so certified by the head
of the appropriate agency of the Department of Defense or his
designee: Provided, however, That the head of the appropriate
agency of the Department of Defense or his designee has
determined, in accordance with the established personnel
security procedures and standards of such agency, that
permitting the member or employee to have access to such
Restricted Data will not endanger the common defense and
security: And provided further, That the Secretary of Defense
finds that the established personnel and other security
procedures and standards of such agency are adequate and in
reasonable conformity to the standards established by the
Commission under section 145.
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\169\ 42 U.S.C. 2163.
\170\ Sec. 14 of Public Law 84-1006 (70 Stat. 1069) added the words
``or any other person authorized access to Restricted Data by the
Commission under subsection 145 b.''. Sec. 5 of Public Law 87-206 (75
Stat. 475) deleted the words ``subsection 145 b.,'' and substituted in
lieu thereof ``subsections 145 b. and 145 c.''.
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Sec. 144.\171\ International Cooperation.--
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\171\ 42 U.S.C. 2164. Sec. 3154(a) of Public Law 104-106 (110 Stat.
624; 42 U.S.C. 2164 note) provided the following:
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``sec. 3154. prohibition on international inspections of department of
energy facilities unless protection of restricted data is certified.
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``(a) Prohibition on Inspections.--(1) The Secretary of Energy may
not allow an inspection of a nuclear weapons facility by the
International Atomic Energy Agency until the Secretary certifies to
Congress that no restricted data will be revealed during such
inspection.
``(2) For purposes of paragraph (1), the term `restricted data' has
the meaning provided by section 11 y. of the Atomic Energy Act of 1954
(42 U.S.C. 2014(y)).''.
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a. The President may authorize the Commission to cooperate
with another nation and to communicate to that nation
Restricted Data on--
(1) refining, purification, and subsequent treatment
of source material;
(2) civilian \172\ reactor development;
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\172\ Sec. 5 of Public Law 85-479 (72 Stat. 276) amended subsec. a
of sec. 144 by inserting the word ``civilian'' before the words
``reactor development'' in clause (2).
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(3) production of special nuclear material;
(4) health and safety;
(5) industrial and other applications of atomic
energy for peaceful purposes; and
(6) research and development relating to the
foregoing:
Provided, however, That no such cooperation shall involve the
communication of Restricted Data relating to the design or
fabrication of atomic weapons: And provided further, That the
cooperation is undertaken pursuant to an agreement for
cooperation entered into in accordance with section 123, or is
undertaken pursuant to an agreement existing on the effective
date of this act.
b.\173\ The President may authorize the Department of
Defense, with the assistance of the Commission, to cooperate
with another nation or with a regional defense organization to
which the United States is a party, and to communicate to that
nation or organization such Restricted Data (including design
information) as is necessary to--
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\173\ Sec. 6 of Public Law 85-479 (72 Stat. 276) amended sec. 144
by substituting a new subsec. b. Subsec. b. previously read as follows:
``b. The President may authorize the Department of Defense, with
the assistance of the Commission, to cooperate with another nation or
with a regional defense organization to which the United States is a
party, and to communicate to that nation or organization such
Restricted Data as is necessary to--
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``(1) the development of defense plans;
``(2) the training of personnel in the employment of and defense against
atomic weapons; and
``(3) the evaluation of the capabilities of potential enemies in the
employment of atomic weapons,
``while such other nation or organization is participating with the United
States pursuant to an international arrangement by substantial and material
contributions to the mutual defense and security: Provided, however, That
no such cooperation shall involve communication of Restricted Data relating
to the design or fabrication of atomic weapons except with regard to
external characteristics, including size, weight, and shape, yields and
effects, and systems employed in the delivery or use thereof but not
including any data in these categories unless in the joint judgment of the
Commission and the Department of Defense such data will not reveal
important information concerning the design or fabrication of the nuclear
components of an atomic weapon: And provided further, That the cooperation
is undertaken pursuant to an agreement entered into in accordance with
section 123.''.
(1) the development of defense plans;
(2) the training of personnel in the employment of
and defense against atomic weapons; and other military
applications of atomic energy;
(3) the evaluation of the capabilities of potential
enemies in the employment of atomic weapons and other
military applications of atomic energy; and
(4) the development of compatible delivery systems
for atomic weapons;
whenever the President determines that the proposed cooperation
and the proposed communication of the Restricted Data will
promote and will not constitute an unreasonable risk to the
common defense and security, while such other nation or
organization is participating with the United States pursuant
to an international arrangement by substantial and material
contributions to the mutual defense and security: Provided,
however, That the cooperation is undertaken pursuant to an
agreement entered into in accordance with section 123.
c.\174\ In addition to the cooperation authorized in
subsections 144 a. and 144 b., the President may authorize the
Commission, with the assistance of the Department of Defense,
to cooperate with another nation and--
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\174\ Sec. 7 of Public Law 85-479 (72 Stat. 276) amended sec. 144
by adding subsecs. c. and d. (redesignated as subsec. e.).
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(1) to exchange with that nation Restricted Data
concerning atomic weapons: Provided, That communication
of such Restricted Data to that nation is necessary to
improve its atomic weapon design, development, or
fabrication capability and provided that nation has
made substantial progress in the development of atomic
weapons; and
(2) to communicate or exchange with that nation
Restricted Data concerning research, development, or
design, or military reactors,
whenever the President determines that the proposed cooperation
and the communication of the proposed Restricted Data will
promote and will not constitute an unreasonable risk to the
common defense and security, while such other nation is
participating with the United States pursuant to an
international arrangement by substantial and material
contributions to the mutual defense and security: Provided,
however, That the cooperation is undertaken pursuant to an
agreement entered into in accordance with section 123.
d.\175\ (1) In addition to the cooperation authorized in
subsections a., b., and c., the President may, upon making a
determination described in paragraph (2), authorize the
Department of Energy, with the assistance of the Department of
Defense, to cooperate with another nation to communicate to
that nation such Restricted Data, and the President may, upon
making such determination, authorize the Department of Defense,
with the assistance of the Department of Energy, to cooperate
with another nation to communicate to that nation such data
removed from the Restricted Data category under section 142, as
is necessary for--
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\175\ Sec. 3155(a)(2) of Public Law 103-337 (108 Stat. 3091) added
subsec. d.
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(A) the support of a program for the control of and
accounting for fissile material and other weapons
material;
(B) the support of the control of and accounting for
atomic weapons;
(C) the verification of a treaty; and
(D) the establishment of international standards for
the classification of data on atomic weapons, data on
fissile material, and related data.
(2) A determination referred to in paragraph (1) is a
determination that the proposed cooperation and proposed
communication referred to in that paragraph--
(A) will promote the common defense and security
interests of the United States and the nation
concerned; and
(B) will not constitute an unreasonable risk to such
common defense and security interests.
(3) Cooperation under this subsection shall be undertaken
pursuant to an agreement for cooperation entered into in
accordance with section 123.
e.\176\ The President may authorize an agency of the United
States to communicate in accordance with the terms and
conditions of an agreement for cooperation arranged pursuant to
subsection 144 a., b., c., or d.,\177\ such Restricted Data as
is determined to be transmissible under the agreement for
cooperation involved.
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\176\ Sec. 7 of Public Law 85-479 (72 Stat. 276) added this
subsection as subsec. d. Sec. 3155(a)(1) of Public Law 103-337 (108
Stat. 3091) redesignated this subsection as subsec. e.
\177\ Sec. 3155(c)(4) of Public Law 103-337 (108 Stat. 3092) struck
out ``or c.'' and inserted in lieu thereof ``c., or d.''.
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Sec. 145.\178\ Restrictions.--
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\178\ 42 U.S.C. 2165.
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a. No arrangement shall be made under section 31, no
contract shall be made or continued in effect under section 41,
and no license shall be issued under section 103 or 104, unless
the person with whom such arrangement is made, the contractor
or prospective contractor, or the prospective licensee agrees
in writing not to permit any individual to have access to
Restricted Data until the Civil Service Commission shall have
made an investigation and report to the Commission on the
character, associations, and loyalty of such individual, and
the Commission shall have determined that permitting such
person to have access to Restricted Data will not endanger the
common defense and security.
b. Except as authorized by the Commission or the General
Manager upon a determination by the Commission or General
Manager that such action is clearly consistent with the
national interest, no individual shall be employed by the
Commission nor shall the Commission permit any individual to
have access to Restricted Data until the Civil Service
Commission shall have made an investigation and report to the
Commission on the character, associations and loyalty of such
individual, and the Commission shall have determined that
permitting such person to have access to Restricted Data will
not endanger the common defense and security.
* * * * * * *
Sec. 147.\179\ Safeguards Information.--
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\179\ 42 U.S.C. 2167. Sec. 147 was added by sec. 207(a)(1) of
Public Law 96-295 (94 Stat. 788).
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a. In addition to any other authority or requirement
regarding protection from disclosure of information, and
subject to subsection (b)(3) of section 552 of title 5 of the
United States Code, the Commission shall prescribe such
regulations, after notice and opportunity for public comment,
or issue such orders, as necessary to prohibit the unauthorized
disclosure of safeguards information which specifically
identifies a licensee's or applicant's detailed--
(1) control and accounting procedures or security
measures (including security plans, procedures or
equipment) for the physical protection of special
nuclear material, by whomever possessed, whether in
transit or at fixed sites, in quantities determined by
the Commission to be significant to the public health
and safety or the common defense and security;
(2) security measures (including security plans,
procedures and equipment) for the physical protection
of source material or byproduct material, by whomever
possessed, whether in transit or at fixed sites, in
quantities determined by the Commission to be
significant to the public health and safety or the
common defense and security; or
(3) security measures (including security plans,
procedures, and equipment) for the physical protection
of and the location of certain plant equipment vital to
the safety of production or utilization facilities
involving nuclear materials covered by paragraphs (1)
and (2)
if the unauthorized disclosure of such information could
reasonably be expected to have a significant adverse effect on
the health and safety of the public or the common defense and
security by significantly increasing the likelihood of theft,
diversion, or sabotage of such material or such facility. The
Commission shall exercise the authority of this subsection--
(A) so as to apply the minimum restrictions needed to
protect the health and safety of the public or the
common defense and security, and
(B) upon a determination that the unauthorized
disclosure of such information could reasonably be
expected to have a significant adverse effect on the
health and safety of the public or the common defense
and security by significantly increasing the likelihood
of theft, diversion, or sabotage of such material or
such facility.
Nothing in this Act shall authorize the Commission to prohibit
the public disclosure of information pertaining to the routes
and quantities of shipments of source material, by-product
material, high level nuclear waste, or irradiated nuclear
reactor fuel. Any person, whether or not a licensee of the
Commission, who violates any regulation adopted under this
section shall be subject to the civil monetary penalties of
section 234 of this Act. Nothing in this section shall be
construed to authorize the withholding of information from the
duly authorized committees of the Congress.
b. For the purposes of section 223 of this Act, any
regulations or orders prescribed or issued by the Commission
under this section shall also be deemed to be prescribed or
issued under section 161 b. of this Act.
c. Any determination by the Commission concerning the
applicability of this section shall be subject to judicial
review pursuant to subsection (a)(4)(B) of section 552 of title
5 of the United States Code.
d. Upon prescribing or issuing any regulation or order
under subsection a. of this section, the Commission shall
submit to Congress a report that:
(1) specifically identifies the type of information
the Commission intends to protect from disclosure under
the regulation or order;
(2) specifically states the Commission's
justification for determining that unauthorized
disclosure of the information to be protected from
disclosure under the regulation or order could
reasonably be expected to have a significant adverse
effect on the health and safety of the public or the
common defense and security by significantly increasing
the likelihood of theft, diversion, or sabotage of such
material or such facility, as specified under
subsection (a) of this section; and
(3) provides justification, including proposed
alternative regulations or orders, that the regulation
or order applies only the minimum restrictions needed
to protect the health and safety of the public or the
common defense and security.
e. In addition to the reports required under subsection d.
of this section, the Commission shall submit to Congress on a
quarterly basis a report detailing the Commission's application
during that period of every regulation or order prescribed or
issued under this section. In particular, the report shall:
(1) identify any information protected from
disclosure pursuant to such regulation or order;
(2) specifically state the Commission's justification
for determining that unauthorized disclosure of the
information protected from disclosure under such
regulation or order could reasonably be expected to
have a significant adverse effect on the health and
safety of the public or the common defense and security
by significantly increasing the likelihood of theft,
diversion or sabotage of such material, or such
facility, as specified under subsection a. of this
section; and
(3) provide justification that the Commission has
applied such regulation or order so as to protect from
disclosure only the minimum amount of information
necessary to protect the health and safety of the
public or the common defense and security.
Sec. 148.\180\ Prohibition Against the Dissemination of
Certain Unclassified Information.--
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\180\ 42 U.S.C. 2168. Sec. 210(a)(1) of Public Law 97-90 (95 Stat.
1169) added sec. 148.
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a. (1) In addition to any other authority or requirement
regarding protection from dissemination of information, and
subject to section 552(b)(3) of title 5, United States Code,
the Secretary of Energy (hereinafter in this section referred
to as the ``Secretary''), with respect to atomic energy defense
programs,\181\ shall prescribe such regulations, after notice
and opportunity for public comment thereon, or issue such
orders as may be necessary to prohibit the unauthorized
dissemination of unclassified information pertaining to--
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\181\ Sec. 17(a) of Public Law 97-415 (96 Stat. 2076) added ``,
with respect to atomic energy defense programs,''.
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(A) the design of production facilities or
utilization facilities;
(B) security measures (including security plans,
procedures, and equipment) for the physical protection
of (i) production or utilization facilities, (ii)
nuclear material contained in such facilities, or (iii)
nuclear material in transit; or
(C) the design, manufacture, or utilization of any
atomic weapon or component if the design, manufacture,
or utilization of such weapon or component was
contained in any information declassified or removed
from the Restricted Data category by the Secretary (or
the head of the predecessor agency of the Department of
Energy) pursuant to section 142.
(2) The Secretary may prescribe regulations or issue orders
under paragraph (1) to prohibit the dissemination of any
information described in such paragraph only if and to the
extent that the Secretary determines that the unauthorized
dissemination of such information could reasonably be expected
to have a significant adverse effect on the health and safety
of the public or the common defense and security by
significantly increasing the likelihood of (A) illegal
production of nuclear weapons, or (B) theft, diversion, or
sabotage of nuclear materials, equipment, or facilities.
(3) In making a determination under paragraph (2), the
Secretary may consider what the likelihood of an illegal
production, theft, diversion, or sabotage referred to in such
paragraph would be if the information proposed to be prohibited
from dissemination under this section were at no time available
for dissemination.
(4) The Secretary shall exercise his authority under this
subsection to prohibit the dissemination of any information
described in subsection a. (1)--
(A) so as to apply the minimum restrictions needed to
protect the health and safety of the public or the
common defense and security; and
(B) upon a determination that the unauthorized
dissemination of such information could reasonably be
expected to result in a significant adverse effect on
the health and safety of the public or the common
defense and security by significantly increasing the
likelihood of (i) illegal production of nuclear
weapons, or (ii) theft, diversion, or sabotage of
nuclear materials, equipment, or facilities.
(5) Nothing in this section shall be construed to authorize
the Secretary to authorize the withholding of information from
the appropriate committees of the Congress.
b. (1) Any person who violates any regulation or order of
the Secretary issued under this section with respect to the
unauthorized dissemination of information shall be subject to a
civil penalty, to be imposed by the Secretary, of not to exceed
$100,000 for each such violation. The Secretary may compromise,
mitigate, or remit any penalty imposed under this subsection.
(2) The provisions of subsections b. and c. of section 234
of this Act shall be applicable with respect to the imposition
of civil penalties by the Secretary under this section in the
same manner that such provisions are applicable to the
imposition of civil penalties by the Commission under
subsection a. of such section.
c. For the purposes of section 223 of this Act, any
regulation prescribed or order issued by the Secretary under
this section shall also be deemed to be prescribed or issued
under section 161 b. of this Act.
d.\182\ Any determination by the Secretary concerning the
applicability of this section shall be subject to judicial
review pursuant to section 552(a)(4)(B) of title 5, United
States Code.
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\182\ Sec. 17(b) of Public Law 97-415 (96 Stat. 2076) added
subsecs. d. and e.
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e.\182\ The Secretary shall prepare on a quarterly basis a
report to be made available upon the request of any interested
person, detailing the Secretary's application during that
period of each regulation or order prescribed or issued under
this section. In particular, such report shall--
(1) identify any information protected from
disclosure pursuant to such regulation or order;
(2) specifically state the Secretary's justification
for determining that unauthorized dissemination of the
information protected from disclosure under such
regulation or order could reasonably be expected to
have a significant adverse effect on the health and
safety of the public or the common defense and security
by significantly increasing the likelihood of illegal
production of nuclear weapons, or theft, diversion, or
sabotage of nuclear materials, equipment, or
facilities, as specified under subsection a.; and
(3) provide justification that the Secretary has
applied such regulation or order so as to protect from
disclosure only the minimum amount of information
necessary to protect the health and safety of the
public or the common defense and security.
Sec. 149.\183\ Fingerprinting for Criminal History Record
Checks.--
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\183\ 42 U.S.C. 2169. Sec. 606 of Public Law 99-399 (100 Stat. 876)
added sec. 149.
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a.(1)(A)(i) \184\ The Commission shall require each
individual or entity described in clause (ii) to fingerprint
each individual described in subparagraph (B) before the
individual described in subparagraph (B) is permitted access
under subparagraph (B).
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\184\ Sec. 652(1)(A) of the Energy Policy Act of 2005 (Public Law
109-58; 119 Stat. 810) amended and restated subsec. a., which formerly
read as follows:
``a. The Nuclear Regulatory Commission (in this section referred to
as the `Commission') shall require each licensee or applicant for a
license to operate a utilization facility under section 103 or 104 b.
to fingerprint each individual who is permitted unescorted access to
the facility or is permitted access to safeguards information under
section 147.''.
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(ii) The individuals and entities referred to in clause (i)
are individuals and entities that, on or before the date on
which an individual is permitted access under subparagraph
(B)--
(I) are licensed or certified to engage in an
activity subject to regulation by the Commission;
(II) have filed an application for a license or
certificate to engage in an activity subject to
regulation by the Commission; or
(III) have notified the Commission in writing of an
intent to file an application for licensing,
certification, permitting, or approval of a product or
activity subject to regulation by the Commission.
(B) The Commission shall require to be fingerprinted any
individual who--
(i) is permitted unescorted access to--
(I) a utilization facility; or
(II) radioactive material or other property
subject to regulation by the Commission that
the Commission determines to be of such
significance to the public health and safety or
the common defense and security as to warrant
fingerprinting and background checks; or
(ii) is permitted access to safeguards information
under section 147.
(2) \185\ All fingerprints obtained by an individual or
entity as required in paragraph (1) shall be submitted to the
Attorney General of the United States through the Commission
for identification and a criminal history records check.
---------------------------------------------------------------------------
\185\ Sec. 652(1)(B) of Public Law 109-58 (119 Stat. 811) struck
out ``All fingerprints obtained by a licensee or applicant as required
in the preceding sentence'' and inserted in lieu thereof ``(2) All
fingerprints obtained by an individual or entity as required in
paragraph (1)''.
---------------------------------------------------------------------------
(3) \186\ The costs of an identification or records check
under paragraph (2) shall be paid by the individual or entity
required to conduct the fingerprinting under paragraph (1)(A).
---------------------------------------------------------------------------
\186\ Sec. 652(1)(C) of Public Law 109-58 (119 Stat. 811) struck
out ``The costs of any identification and records check conducted
pursuant to the preceding sentence shall be paid by the licensee or
applicant.'' and inserted in lieu thereof ``(3) The costs of an
identification or records check under paragraph (2) shall be paid by
the individual or entity required to conduct the fingerprinting under
paragraph (1)(A).''.
---------------------------------------------------------------------------
(4) \187\ Notwithstanding any other provision of law--
---------------------------------------------------------------------------
\187\ Sec. 652(1)(D) of Public Law 109-58 (119 Stat. 811) struck
out ``Notwithstanding any other provision of law, the Attorney General
may provide all the results of the search to the Commission, and, in
accordance with regulations prescribed under this section, the
Commission may provide such results to licensee or applicant submitting
such fingerprints.'' and inserted in lieu thereof the present para.
(4).
---------------------------------------------------------------------------
(A) the Attorney General may provide any result of an
identification or records check under paragraph (2) to
the Commission; and
(B) the Commission, in accordance with regulations
prescribed under this section, may provide the results
to the individual or entity required to conduct the
fingerprinting under paragraph (1)(A).
b. The Commission, by rule, may relieve persons from the
obligations imposed by this section, upon specified terms,
conditions, and periods, if the Commission finds that such
action is consistent with its obligations to promote the common
defense and security and to protect the health and safety of
the public.
c. For purposes of administering this section, the
Commission shall prescribe requirements-- \188\
---------------------------------------------------------------------------
\188\ Sec. 652(2)(A) of Public Law 109-58 (119 Stat. 811) struck
out ``, subject to public notice and comment, regulations--'' and
inserted in lieu thereof ``requirements--''.
---------------------------------------------------------------------------
(1) to implement procedures for the taking of
fingerprints;
(2) to establish the conditions for use of
information received from the Attorney General, in
order--
(A) to limit the redissemination of such
information;
(B) to ensure that such information is used
solely for the purpose of determining whether
an individual shall be permitted unescorted
access to a utilization facility, radioactive
material, or other property described in
subsection a.(1)(B) \189\ or shall be permitted
access to safeguards information under section
147;
---------------------------------------------------------------------------
\189\ Sec. 652(2)(B) of Public Law 109-58 (119 Stat. 811) struck
out ``unescorted access to the facility of a licensee or applicant''
and inserted in lieu thereof ``unescorted access to a utilization
facility, radioactive material, or other property described in
subsection a.(1)(B)''.
---------------------------------------------------------------------------
(C) to ensure that no final determination may
be made solely on the basis of information
provided under this section involving--
(i) an arrest more than 1 year old
for which there is no information of
the disposition of the case; or
(ii) an arrest that resulted in
dismissal of the charge or an
acquittal; and
(D) to protect individuals subject to
fingerprinting under this section from misuse
of the criminal history records; and
(3) to provide each individual subject to
fingerprinting under this section with the right to
complete, correct, and explain information contained in
the criminal history records prior to any final adverse
determination.
d.\190\ The Commission may require a person or individual
to conduct fingerprinting under subsection a.(1) by authorizing
or requiring the use of any alternative biometric method for
identification that has been approved by--
---------------------------------------------------------------------------
\190\ Sec. 652(3) of Public Law 109-58 (119 Stat. 811) redesignated
subsec. d. as subsec. e., and sec. 652(4) of that Act added a new
subsec. d.
---------------------------------------------------------------------------
(1) the Attorney General; and
(2) the Commission, by regulation.
e.\190\ (1) The Commission may establish and collect fees
to process fingerprints and criminal history records under this
section.
(2) Notwithstanding section 3302(b) of title 31, United
States Code, and to the extent approved in appropriation Acts--
(A) a portion of the amounts collected under this
subsection in any fiscal year may be retained and used
by the Commission to carry out this section; and
(B) the remaining portion of the amounts collected
under this subsection in such fiscal year may be
transferred periodically to the Attorney General and
used by the Attorney General to carry out this section.
(3) Any amount made available for use under paragraph (2)
shall remain available until expended.
* * * * * * *
Chapter 17. Joint Committee on Atomic Energy [Repealed--1977] \191\
* * * * * * *
---------------------------------------------------------------------------
\191\ Sec. 302 a. of this Act, as added by Public Law 95-110 (91
Stat. 884), repealed chapter 17. For matters regarding the reassignment
of functions and responsibilities of the Joint Committee, see chapter
20.
---------------------------------------------------------------------------
Chapter 19. Miscellaneous
* * * * * * *
Sec. 251.\192\ Report to Congress.-- * * * [Repealed--1997]
---------------------------------------------------------------------------
\192\ Sec. 3152(a)(1) of Public Law 105-85 (111 Stat. 2042)
repealed sec. 251, which had required the Commission to report annually
to Congress on its activities.
---------------------------------------------------------------------------
* * * * * * *
Chapter 20.\193\ Joint Committee on Atomic Energy Abolished; Functions
and Responsibilities Reassigned
Sec. 301.\194\ Joint Committee on Atomic Energy
Abolished.--
---------------------------------------------------------------------------
\193\ Public Law 95-110 (91 Stat. 884) added chapter 20.
\194\ 42 U.S.C. 2258.
---------------------------------------------------------------------------
a. The Joint Committee on Atomic Energy is abolished.
b. Any reference in any rule, resolution, or order of the
Senate or the House of Representatives or in any law,
regulation, or Executive order to the Joint Committee on Atomic
Energy shall, on and after the date of enactment of this
section, be considered as referring to the committees of the
Senate and the House of Representatives which, under the rules
of the Senate and the House, have jurisdiction over the subject
matter of such reference.
c. All records, data, charts, and files of the Joint
Committee on Atomic Energy are transferred to the committees of
the Senate and House of Representatives which, under the rules
of the Senate and the House, have jurisdiction over the subject
matters to which such records, data, charts, and files relate.
In the event that any record, data, chart, or file shall be
within the jurisdiction of more than one committee, duplicate
copies shall be provided upon request.
Sec. 302. Transfers of Certain Functions of the Joint
Committee on Atomic Energy and Conforming Amendments to Certain
Other Laws.--
a. Effective on the date of enactment of this section,
chapter 17 of this Act is repealed.
b. Section 103 of the Atomic Energy Community Act of 1955,
as amended, is repealed.
c. Section 3 of the Congressional Budget and Impoundment
Control Act of 1974 is amended by--
(1) striking the subsection designation ``(a)''; and
(2) repealing subsection (b).
d. Section 252(a)(3) of the Legislative Reorganization Act
of 1970 is repealed.
Sec. 303.\195\ Information and Assistance to Congressional
Committees.--
---------------------------------------------------------------------------
\195\ 42 U.S.C. 2259.
---------------------------------------------------------------------------
a. The Secretary of Energy and the Nuclear Regulatory
Commission shall keep the committees of the Senate and the
House of Representatives which under the rules of the Senate
and the House, have jurisdiction over the functions of the
Secretary or the Commission, fully and currently informed with
respect to the activities of the Secretary and the Commission.
b. The Department of Defense and Department of State shall
keep the committees of the Senate and the House of
Representatives which under the rules of the Senate and the
House, have jurisdiction over national security considerations
of nuclear energy, fully and currently informed with respect to
such matters within the Department of Defense and Department of
State relating to national security considerations of nuclear
technology which are within the jurisdiction of such
committees.
c. Any Government agency shall furnish any information
requested by the committees of the Senate and the House of
Representatives which, under the rules of the Senate and the
House, have jurisdiction over the development, utilization, or
application of nuclear energy, with respect to the activities
or responsibilities of such agency in the field of nuclear
energy which are within the jurisdiction of such committees.
d. The committees of the Senate and the House of
Representatives which, under the rules of the Senate and the
House, have jurisdiction over the development, utilization, or
application of nuclear energy, are authorized to utilize the
services, information, facilities, and personnel of any
Government agency which has activities or responsibilities in
the field of nuclear energy which are within the jurisdiction
of such committees: Provided, however, That any utilization of
personnel by such committees shall be on a reimbursable basis
and shall require, with respect to committees of the Senate,
the prior written consent of the Committee on Rules and
Administration, and with respect to committees of the House of
Representatives, the prior written consent of the Committee on
House Oversight.\196\
---------------------------------------------------------------------------
\196\ Sec. 222(2) of Public Law 104-186 (110 Stat. 1751) struck out
``House Administration'' and inserted in lieu thereof ``House
Oversight''.
---------------------------------------------------------------------------
* * * * * * *
TITLE II--UNITED STATES ENRICHMENT CORPORATION
* * * * * * *
Note.--Sec. 3116(a) of the USEC Privatization Act
(subchapter A of chapter 1 of title III of Public Law
104-134; 110 Stat. 349) repealed chapters 22 through 26
of this Act, upon privatization of the United States
Enrichment Corporation. See freestanding text of USEC
Privatization Act, beginning at page 500.
(2) United States-India Nuclear Cooperation Approval and
Nonproliferation Enhancement Act
Partial text of Public Law 110-369 [H.R. 7081], 122 Stat. 4028,
approved October 8, 2008
AN ACT To approve the United States-India Agreement for Cooperation on
Peaceful Uses of Nuclear Energy, 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 AND TABLE OF CONTENTS.
(a) \1\ Short Title.--This Act may be cited as the ``United
States-India Nuclear Cooperation Approval and Nonproliferation
Enhancement Act''.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 8001 note.
---------------------------------------------------------------------------
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Definitions.
TITLE I--APPROVAL OF UNITED STATES-INDIA AGREEMENT FOR COOPERATION ON
PEACEFUL USES OF NUCLEAR ENERGY
Sec. 101. Approval of Agreement.
Sec. 102. Declarations of policy; certification requirement; rule of
construction.
Sec. 103. Additional Protocol between India and the IAEA.
Sec. 104. Implementation of Safeguards Agreement between India and the
IAEA.
Sec. 105. Modified reporting to Congress.
TITLE II--STRENGTHENING UNITED STATES NONPROLIFERATION LAW RELATING TO
PEACEFUL NUCLEAR COOPERATION
Sec. 201. Procedures regarding a subsequent arrangement on reprocessing.
Sec. 202. Initiatives and negotiations relating to agreements for
peaceful nuclear cooperation.
Sec. 203. Actions required for resumption of peaceful nuclear
cooperation.
Sec. 204. United States Government policy at the Nuclear Suppliers Group
to strengthen the international nuclear nonproliferation
regime.
Sec. 205. Conforming amendments.
SEC. 2.\1\ DEFINITIONS.
In this Act:
(1) Agreement.--The term ``United States-India
Agreement for Cooperation on Peaceful Uses of Nuclear
Energy'' or ``Agreement'' means the Agreement for
Cooperation Between the Government of the United States
of America and the Government of India Concerning
Peaceful Uses of Nuclear Energy that was transmitted to
Congress by the President on September 10, 2008.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations
of the Senate.
TITLE I--APPROVAL OF UNITED STATES-INDIA AGREEMENT FOR COOPERATION ON
PEACEFUL USES OF NUCLEAR ENERGY
SEC. 101. APPROVAL OF AGREEMENT.
(a) \1\ In General.--Notwithstanding the provisions for
congressional consideration and approval of a proposed
agreement for cooperation in section 123 b. and d. of the
Atomic Energy Act of 1954 (42 U.S.C. 2153 (b) and (d)),
Congress hereby approves the United States-India Agreement for
Cooperation on Peaceful Uses of Nuclear Energy, subject to
subsection (b).
(b) \1\ Applicability of Atomic Energy Act of 1954, Hyde
Act, and Other Provisions of Law.--The Agreement shall be
subject to the provisions of the Atomic Energy Act of 1954 (42
U.S.C. 2011 et seq.), the Henry J. Hyde United States-India
Peaceful Atomic Energy Cooperation Act of 2006 (22 U.S.C. 8001
et. seq; Public Law 109-401), and any other applicable United
States law as if the Agreement had been approved pursuant to
the provisions for congressional consideration and approval of
a proposed agreement for cooperation in section 123 b. and d.
of the Atomic Energy Act of 1954.
(c) Sunset of Exemption Authority Under Hyde Act.--Section
104(f) of the Henry J. Hyde United States-India Peaceful Atomic
Energy Cooperation Act of 2006 (22 U.S.C. 8003(f)) is amended *
* *
SEC. 102.\1\ DECLARATIONS OF POLICY; CERTIFICATION REQUIREMENT; RULE OF
CONSTRUCTION.
(a) Declarations of Policy Relating to Meaning and Legal
Effect of Agreement.--Congress declares that it is the
understanding of the United States that the provisions of the
United States-India Agreement for Cooperation on Peaceful Uses
of Nuclear Energy have the meanings conveyed in the
authoritative representations provided by the President and his
representatives to the Congress and its committees prior to
September 20, 2008, regarding the meaning and legal effect of
the Agreement.
(b) Declarations of Policy Relating to Transfer of Nuclear
Equipment, Materials, and Technology to India.--Congress makes
the following declarations of policy:
(1) Pursuant to section 103(a)(6) of the Henry J.
Hyde United States-India Peaceful Atomic Energy
Cooperation Act of 2006 (22 U.S.C. 8002(a)(6)), in the
event that nuclear transfers to India are suspended or
terminated pursuant to title I of such Act (22 U.S.C.
8001 et seq.), the Atomic Energy Act of 1954 (42 U.S.C.
2011 et seq.), or any other United States law, it is
the policy of the United States to seek to prevent the
transfer to India of nuclear equipment, materials, or
technology from other participating governments in the
Nuclear Suppliers Group (NSG) or from any other source.
(2) Pursuant to section 103(b)(10) of the Henry J.
Hyde United States-India Peaceful Atomic Energy
Cooperation Act of 2006 (22 U.S.C. 8002(b)(10)), any
nuclear power reactor fuel reserve provided to the
Government of India for use in safeguarded civilian
nuclear facilities should be commensurate with
reasonable reactor operating requirements.
(c) \2\ Certification Requirement.--Before exchanging
diplomatic notes pursuant to Article 16(1) of the Agreement,
the President shall certify to Congress that entry into force
and implementation of the Agreement pursuant to its terms is
consistent with the obligation of the United States 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 known as the ``Nuclear Non-
Proliferation Treaty''), not in any way to assist, encourage,
or induce India to manufacture or otherwise acquire nuclear
weapons or other nuclear explosive devices.
---------------------------------------------------------------------------
\2\ The President made a certification pursuant to this subsection
in Presidential Determination No. 2009-6 of October 20, 2008 (73 F.R.
63841; October 28, 2008).
---------------------------------------------------------------------------
(d) Rule of Construction.--Nothing in the Agreement shall
be construed to supersede the legal requirements of the Henry
J. Hyde United States-India Peaceful Atomic Energy Cooperation
Act of 2006 or the Atomic Energy Act of 1954.
SEC. 103.\1\ ADDITIONAL PROTOCOL BETWEEN INDIA AND THE IAEA.
Congress urges the Government of India to sign and adhere
to an Additional Protocol with the International Atomic Energy
Agency (IAEA), consistent with IAEA principles, practices, and
policies, at the earliest possible date.
SEC. 104.\1\ IMPLEMENTATION OF SAFEGUARDS AGREEMENT BETWEEN INDIA AND
THE IAEA.
Licenses may be issued by the Nuclear Regulatory Commission
for transfers pursuant to the Agreement only after the
President determines and certifies to Congress that--
(1) the Agreement Between the Government of India and
the International Atomic Energy Agency for the
Application of Safeguards to Civilian Nuclear
Facilities, as approved by the Board of Governors of
the International Atomic Energy Agency on August 1,
2008 (the ``Safeguards Agreement''), has entered into
force; and
(2) the Government of India has filed a declaration
of facilities pursuant to paragraph 13 of the
Safeguards Agreement that is not materially
inconsistent with the facilities and schedule described
in paragraph 14 of the separation plan presented in the
national parliament of India on May 11, 2006, taking
into account the later initiation of safeguards than
was anticipated in the separation plan.
SEC. 105. MODIFIED REPORTING TO CONGRESS.
(a) Information on Nuclear Activities of India.--Subsection
(g)(1) of section 104 of the Henry J. Hyde United States-India
Peaceful Atomic Energy Cooperation Act of 2006 (22 U.S.C. 8003)
is amended-- * * *
(b) Implementation and Compliance Report.--Subsection
(g)(2) of such section is amended-- * * *
TITLE II--STRENGTHENING UNITED STATES NONPROLIFERATION LAW RELATING TO
PEACEFUL NUCLEAR COOPERATION
SEC. 201.\1\ PROCEDURES REGARDING A SUBSEQUENT ARRANGEMENT ON
REPROCESSING.
(a) In General.--Notwithstanding section 131 of the Atomic
Energy Act of 1954 (42 U.S.C. 2160), no proposed subsequent
arrangement concerning arrangements and procedures regarding
reprocessing or other alteration in form or content, as
provided for in Article 6 of the Agreement, shall take effect
until the requirements specified in subsection (b) are met.
(b) Requirements.--The requirements referred to in
subsection (a) are the following:
(1) The President transmits to the appropriate
congressional committees a report containing--
(A) the reasons for entering into such
proposed subsequent arrangement;
(B) a detailed description, including the
text, of such proposed subsequent arrangement;
and
(C) a certification that the United States
will pursue efforts to ensure that any other
nation that permits India to reprocess or
otherwise alter in form or content nuclear
material that the nation has transferred to
India or nuclear material and by-product
material used in or produced through the use of
nuclear material, non-nuclear material, or
equipment that it has transferred to India
requires India to do so under similar
arrangements and procedures.
(2) A period of 30 days of continuous session (as
defined by section 130 g.(2) of the Atomic Energy Act
of 1954 (42 U.S.C. 2159 (g)(2)) has elapsed after
transmittal of the report required under paragraph (1).
(c) Resolution of Disapproval.--Notwithstanding the
requirements in subsection (b) having been met, a subsequent
arrangement referred to in subsection (a) shall not become
effective if during the time specified in subsection (b)(2),
Congress adopts, and there is enacted, a joint resolution
stating in substance that Congress does not favor such
subsequent arrangement. Any such resolution shall be considered
pursuant to the procedures set forth in section 130 i. of the
Atomic Energy Act of 1954 (42 U.S.C. 2159 (i)), as amended by
section 205 of this Act.
SEC. 202. INITIATIVES AND NEGOTIATIONS RELATING TO AGREEMENTS FOR
PEACEFUL NUCLEAR COOPERATION.
Section 123 of the Atomic Energy Act of 1954 (42 U.S.C.
2153) is amended by adding at the end the following: * * *
SEC. 203. ACTIONS REQUIRED FOR RESUMPTION OF PEACEFUL NUCLEAR
COOPERATION.
Section 129 a. of the Atomic Energy Act of 1954 (42
U.S.C.2158 (a)) is amended * * *
SEC. 204.\1\ UNITED STATES GOVERNMENT POLICY AT THE NUCLEAR SUPPLIERS
GROUP TO STRENGTHEN THE INTERNATIONAL NUCLEAR
NONPROLIFERATION REGIME.
(a) Certification.--Before exchanging diplomatic notes
pursuant to Article 16(1) of the Agreement, the President shall
certify to the appropriate congressional committees that it is
the policy of the United States to work with members of the
Nuclear Suppliers Group (NSG), individually and collectively,
to agree to further restrict the transfers of equipment and
technology related to the enrichment of uranium and
reprocessing of spent nuclear fuel.
(b) Peaceful Use Assurances for Certain By-Product
Material.--The President shall seek to achieve, by the earliest
possible date, either within the NSG or with relevant NSG
Participating Governments, the adoption of principles,
reporting, and exchanges of information as may be appropriate
to assure peaceful use and accounting of by-product material in
a manner that is substantially equivalent to the relevant
provisions of the Agreement.
(c) Report.--
(1) In general.--Not later than six months after the
date of the enactment of this Act, and every six months
thereafter, the President shall transmit to the
appropriate congressional committees a report on
efforts by the United States pursuant to subsections
(a) and (b).
(2) Termination.--The requirement to transmit the
report under paragraph (1) terminates on the date on
which the President transmits a report pursuant to such
paragraph stating that the objectives in subsections
(a) and (b) have been achieved.
SEC. 205. CONFORMING AMENDMENTS.
Section 130 i. of the Atomic Energy Act of 1954 (42 U.S.C.
2159 (i)) is amended-- * * *
(3) United States and India Nuclear Cooperation
Partial text of Public Law 109-401 [Title I of the Henry J. Hyde United
States-India Peaceful Atomic Energy Cooperation Act of 2006; H.R.
5682], 120 Stat. 2726, approved December 18, 2006; as amended by Public
Law 110-369 [United States-India Nuclear Cooperation Approval and
Nonproliferation Enhancement Act; H.R. 7081], 122 Stat. 4028, approved
October 8, 2008
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 I--UNITED STATES AND INDIA NUCLEAR COOPERATION
SEC. 101.\1\ SHORT TITLE.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 8001 note.
---------------------------------------------------------------------------
This title may be cited as the ``Henry J. Hyde United
States-India Peaceful Atomic Energy Cooperation Act of 2006''.
SEC. 102.\2\ SENSE OF CONGRESS.
---------------------------------------------------------------------------
\2\ 22 U.S.C. 8001.
---------------------------------------------------------------------------
It is the sense of Congress that--
(1) preventing the proliferation of nuclear weapons,
other weapons of mass destruction, the means to produce
them, and the means to deliver them are critical
objectives for United States foreign policy;
(2) sustaining the Nuclear Non-Proliferation Treaty
(NPT) and strengthening its implementation,
particularly its verification and compliance, is the
keystone of United States nonproliferation policy;
(3) the NPT has been a significant success in
preventing the acquisition of nuclear weapons
capabilities and maintaining a stable international
security situation;
(4) countries that have never become a party to the
NPT and remain outside that treaty's legal regime pose
a potential challenge to the achievement of the overall
goals of global nonproliferation, because those
countries have not undertaken the NPT obligation to
prohibit the spread of nuclear weapons capabilities;
(5) it is in the interest of the United States to the
fullest extent possible to ensure that those countries
that are not States Party to the NPT are responsible in
the disposition of any nuclear technology they develop;
(6) it is in the interest of the United States to
enter into an agreement for nuclear cooperation
arranged pursuant to section 123 of the Atomic Energy
Act of 1954 (42 U.S.C. 2153) with a country that has
never been a State Party to the NPT if--
(A) the country has demonstrated responsible
behavior with respect to the nonproliferation
of technology related to nuclear weapons and
the means to deliver them;
(B) the country has a functioning and
uninterrupted democratic system of government,
has a foreign policy that is congruent to that
of the United States, and is working with the
United States on key foreign policy initiatives
related to nonproliferation;
(C) such cooperation induces the country to
promulgate and implement substantially improved
protections against the proliferation of
technology related to nuclear weapons and the
means to deliver them, and to refrain from
actions that would further the development of
its nuclear weapons program; and
(D) such cooperation will induce the country
to give greater political and material support
to the achievement of United States global and
regional nonproliferation objectives,
especially with respect to dissuading,
isolating, and, if necessary, sanctioning and
containing states that sponsor terrorism and
terrorist groups that are seeking to acquire a
nuclear weapons capability or other weapons of
mass destruction capability and the means to
deliver such weapons;
(7) the United States should continue its policy of
engagement, collaboration, and exchanges with and
between India and Pakistan;
(8) strong bilateral relations with India are in the
national interest of the United States;
(9) the United States and India share common
democratic values and the potential for increasing and
sustained economic engagement;
(10) commerce in civil nuclear energy with India by
the United States and other countries has the potential
to benefit the people of all countries;
(11) such commerce also represents a significant
change in United States policy regarding commerce with
countries that are not States Party to the NPT, which
remains the foundation of the international
nonproliferation regime;
(12) any commerce in civil nuclear energy with India
by the United States and other countries must be
achieved in a manner that minimizes the risk of nuclear
proliferation or regional arms races and maximizes
India's adherence to international nonproliferation
regimes, including, in particular, the guidelines of
the Nuclear Suppliers Group (NSG); and
(13) the United States should not seek to facilitate
or encourage the continuation of nuclear exports to
India by any other party if such exports are terminated
under United States law.
SEC. 103.\3\ STATEMENTS OF POLICY.
---------------------------------------------------------------------------
\3\ 22 U.S.C. 8002.
---------------------------------------------------------------------------
(a) In General.--The following shall be the policies of the
United States:
(1) Oppose the development of a capability to produce
nuclear weapons by any non-nuclear weapon state, within
or outside of the NPT.
(2) Encourage States Party to the NPT to interpret
the right to ``develop research, production and use of
nuclear energy for peaceful purposes'', as set forth in
Article IV of the NPT, as being a right that applies
only to the extent that it is consistent with the
object and purpose of the NPT to prevent the spread of
nuclear weapons and nuclear weapons capabilities,
including by refraining from all nuclear cooperation
with any State Party that the International Atomic
Energy Agency (IAEA) determines is not in full
compliance with its NPT obligations, including its
safeguards obligations.
(3) Act in a manner fully consistent with the
Guidelines for Nuclear Transfers and the Guidelines for
Transfers of Nuclear-Related Dual-Use Equipment,
Materials, Software and Related Technology developed by
the NSG, and decisions related to the those guidelines,
and the rules and practices regarding NSG
decisionmaking.
(4) Strengthen the NSG guidelines and decisions
concerning consultation by members regarding violations
of supplier and recipient understandings by instituting
the practice of a timely and coordinated response by
NSG members to all such violations, including
termination of nuclear transfers to an involved
recipient, that discourages individual NSG members from
continuing cooperation with such recipient until such
time as a consensus regarding a coordinated response
has been achieved.
(5) Given the special sensitivity of equipment and
technologies related to the enrichment of uranium, the
reprocessing of spent nuclear fuel, and the production
of heavy water, work with members of the NSG,
individually and collectively, to further restrict the
transfers of such equipment and technologies, including
to India.
(6) Seek to prevent the transfer to a country of
nuclear equipment, materials, or technology from other
participating governments in the NSG or from any other
source if nuclear transfers to that country are
suspended or terminated pursuant to this title, the
Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), or
any other United States law.
(b) With Respect to South Asia.--The following shall be the
policies of the United States with respect to South Asia:
(1) Achieve, at the earliest possible date, a
moratorium on the production of fissile material for
nuclear explosive purposes by India, Pakistan, and the
People's Republic of China.
(2) Achieve, at the earliest possible date, the
conclusion and implementation of a treaty banning the
production of fissile material for nuclear weapons to
which both the United States and India become parties.
(3) Secure India's--
(A) full participation in the Proliferation
Security Initiative;
(B) formal commitment to the Statement of
Interdiction Principles of such Initiative;
(C) public announcement of its decision to
conform its export control laws, regulations,
and policies with the Australia Group and with
the Guidelines, Procedures, Criteria, and
Control Lists of the Wassenaar Arrangement;
(D) demonstration of satisfactory progress
toward implementing the decision described in
subparagraph (C); and
(E) ratification of or accession to the
Convention on Supplementary Compensation for
Nuclear Damage, done at Vienna on September 12,
1997.
(4) Secure India's full and active participation in
United States efforts to dissuade, isolate, and, if
necessary, sanction and contain Iran for its efforts to
acquire weapons of mass destruction, including a
nuclear weapons capability and the capability to enrich
uranium or reprocess nuclear fuel, and the means to
deliver weapons of mass destruction.
(5) Seek to halt the increase of nuclear weapon
arsenals in South Asia and to promote their reduction
and eventual elimination.
(6) Ensure that spent fuel generated in India's
civilian nuclear power reactors is not transferred to
the United States except pursuant to the Congressional
review procedures required under section 131 f. of the
Atomic Energy Act of 1954 (42 U.S.C. 2160 (f)).
(7) Pending implementation of the multilateral
moratorium described in paragraph (1) or the treaty
described in paragraph (2), encourage India not to
increase its production of fissile material at
unsafeguarded nuclear facilities.
(8) Ensure that any safeguards agreement or
Additional Protocol to which India is a party with the
IAEA can reliably safeguard any export or reexport to
India of any nuclear materials and equipment.
(9) Ensure that the text and implementation of any
agreement for cooperation with India arranged pursuant
to section 123 of the Atomic Energy Act of 1954 (42
U.S.C. 2153) meet the requirements set forth in
subsections a.(1) and a.(3) througha.(9) of such
section.
(10) Any nuclear power reactor fuel reserve provided
to the Government of India for use in safeguarded
civilian nuclear facilities should be commensurate with
reasonable reactor operating requirements.
SEC. 104.\4\ WAIVER AUTHORITY AND CONGRESSIONAL APPROVAL.
---------------------------------------------------------------------------
\4\ 22 U.S.C. 8003.
---------------------------------------------------------------------------
(a) In General.--If the President makes the determination
described in subsection (b), the President may--
(1) exempt a proposed agreement for cooperation with
India arranged pursuant to section 123 of the Atomic
Energy Act of 1954 (42 U.S.C. 2153) from the
requirement of subsection a.(2) of such section;
(2) waive the application of section 128 of the
Atomic Energy Act of 1954 (42 U.S.C. 2157) with respect
to exports to India; and
(3) waive with respect to India the application of--
(A) section 129 a.(1)(D) of the Atomic Energy
Act of 1954 (42 U.S.C. 2158(a)(1)(D)); and
(B) section 129 of such Act (42 U.S.C. 2158)
regarding any actions that occurred before July
18, 2005.
(b) Determination by the President.--The determination
referred to in subsection (a) is a determination by the
President that the following actions have occurred:
(1) India has provided the United States and the IAEA
with a credible plan to separate civil and military
nuclear facilities, materials, and programs, and has
filed a declaration regarding its civil facilities and
materials with the IAEA.
(2) India and the IAEA have concluded all legal steps
required prior to signature by the parties of an
agreement requiring the application of IAEA safeguards
in perpetuity in accordance with IAEA standards,
principles, and practices (including IAEA Board of
Governors Document GOV/1621 (1973)) to India's civil
nuclear facilities, materials, and programs as declared
in the plan described in paragraph (1), including
materials used in or produced through the use of
India's civil nuclear facilities.
(3) India and the IAEA are making substantial
progress toward concluding an Additional Protocol
consistent with IAEA principles, practices, and
policies that would apply to India's civil nuclear
program.
(4) India is working actively with the United States
for the early conclusion of a multilateral treaty on
the cessation of the production of fissile materials
for use in nuclear weapons or other nuclear explosive
devices.
(5) India is working with and supporting United
States and international efforts to prevent the spread
of enrichment and reprocessing technology to any state
that does not already possess full-scale, functioning
enrichment or reprocessing plants.
(6) India is taking the necessary steps to secure
nuclear and other sensitive materials and technology,
including through--
(A) the enactment and effective enforcement
of comprehensive export control legislation and
regulations;
(B) harmonization of its export control laws,
regulations, policies, and practices with the
guidelines and practices of the Missile
Technology Control Regime (MTCR) and the NSG;
and
(C) adherence to the MTCR and the NSG in
accordance with the procedures of those regimes
for unilateral adherence.
(7) The NSG has decided by consensus to permit supply
to India of nuclear items covered by the guidelines of
the NSG.
(c) Submission to Congress.--
(1) In general.--The President shall submit to the
appropriate congressional committees the determination
made pursuant to subsection (b), together with a report
detailing the basis for the determination.
(2) Information to be included.--To the fullest
extent available to the United States, the report
referred to in paragraph (1) shall include the
following information:
(A) A summary of the plan provided by India
to the United States and the IAEA to separate
India's civil and military nuclear facilities,
materials, and programs, and the declaration
made by India to the IAEA identifying India's
civil facilities to be placed under IAEA
safeguards, including an analysis of the
credibility of such plan and declaration,
together with copies of the plan and
declaration.
(B) A summary of the agreement that has been
entered into between India and the IAEA
requiring the application of safeguards in
accordance with IAEA practices to India's civil
nuclear facilities as declared in the plan
described in subparagraph (A), together with a
copy of the agreement, and a description of the
progress toward its full implementation.
(C) A summary of the progress made toward
conclusion and implementation of an Additional
Protocol between India and the IAEA, including
a description of the scope of such Additional
Protocol.
(D) A description of the steps that India is
taking to work with the United States for the
conclusion of a multilateral treaty banning the
production of fissile material for nuclear
weapons, including a description of the steps
that the United States has taken and will take
to encourage India to identify and declare a
date by which India would be willing to stop
production of fissile material for nuclear
weapons unilaterally or pursuant to a
multilateral moratorium or treaty.
(E) A description of the steps India is
taking to prevent the spread of nuclear-related
technology, including enrichment and
reprocessing technology or materials that can
be used to acquire a nuclear weapons
capability, as well as the support that India
is providing to the United States to further
United States objectives to restrict the spread
of such technology.
(F) A description of the steps that India is
taking to secure materials and technology
applicable for the development, acquisition, or
manufacture of weapons of mass destruction and
the means to deliver such weapons through the
application of comprehensive export control
legislation and regulations, and through
harmonization with and adherence to MTCR, NSG,
Australia Group, and Wassenaar Arrangement
guidelines, compliance with United Nations
Security Council Resolution 1540, and
participation in the Proliferation Security
Initiative.
(G) A description and assessment of the
specific measures that India has taken to fully
and actively participate in United States and
international efforts to dissuade, isolate,
and, if necessary, sanction and contain Iran
for its efforts to acquire weapons of mass
destruction, including a nuclear weapons
capability and the capability to enrich uranium
or reprocess nuclear fuel and the means to
deliver weapons of mass destruction.
(H) A description of the decision of the NSG
relating to nuclear cooperation with India,
including whether nuclear cooperation by the
United States under an agreement for
cooperation arranged pursuant to section 123 of
the Atomic Energy Act of 1954 (42 U.S.C. 2153)
is consistent with the decision, practices, and
policies of the NSG.
(I) A description of the scope of peaceful
cooperation envisioned by the United States and
India that will be implemented under the
agreement for nuclear cooperation, including
whether such cooperation will include the
provision of enrichment and reprocessing
technology.
(J) A description of the steps taken to
ensure that proposed United States civil
nuclear cooperation with India will not in any
way assist India's nuclear weapons program.
(d) Restrictions on Nuclear Transfers.--
(1) In general.--Pursuant to the obligations of the
United States under Article I of the NPT, nothing in
this title constitutes authority to carry out any civil
nuclear cooperation between the United States and a
country that is not a nuclear-weapon State Party to the
NPT that would in any way assist, encourage, or induce
that country to manufacture or otherwise acquire
nuclear weapons or nuclear explosive devices.
(2) NSG transfer guidelines.--Notwithstanding the
entry into force of an agreement for cooperation with
India arranged pursuant to section 123 of the Atomic
Energy Act of 1954 (42 U.S.C. 2153) and pursuant to
this title, no item subject to such agreement or
subject to the transfer guidelines of the NSG, or to
NSG decisions related thereto, may be transferred to
India if such transfer would be inconsistent with the
transfer guidelines of the NSG in effect on the date of
the transfer.
(3) Termination of nuclear transfers to india.--
(A) In general.--Notwithstanding the entry
into force of an agreement for cooperation with
India arranged pursuant to section 123 of the
Atomic Energy Act of 1954 (42 U.S.C. 2153) and
pursuant to this title, and except as provided
under subparagraph (B), exports of nuclear and
nuclear-related material, equipment, or
technology to India shall be terminated if
there is any materially significant transfer by
an Indian person of--
(i) nuclear or nuclear-related
material, equipment, or technology that
is not consistent with NSG guidelines
or decisions, or
(ii) ballistic missiles or missile-
related equipment or technology that is
not consistent with MTCR guidelines,
unless the President determines that
cessation of such exports would be
seriously prejudicial to the
achievement of United States
nonproliferation objectives or
otherwise jeopardize the common defense
and security.
(B) Exception.--The President may choose not
to terminate exports of nuclear and nuclear-
related material, equipment, and technology to
India under subparagraph (A) if--
(i) the transfer covered under such
subparagraph was made without the
knowledge of the Government of India;
(ii) at the time of the transfer,
either the Government of India did not
own, control, or direct the Indian
person that made the transfer or the
Indian person that made the transfer is
a natural person who acted without the
knowledge of any entity described in
subparagraph (B) or (C) of section
110(5); and
(iii) the President certifies to the
appropriate congressional committees
that the Government of India has taken
or is taking appropriate judicial or
other enforcement actions against the
Indian person with respect to such
transfer.
(4) Exports, reexports, transfers, and retransfers to
india related to enrichment, reprocessing, and heavy
water production.--
(A) In general.--
(i) Nuclear regulatory commission.--
The Nuclear Regulatory Commission may
only issue licenses for the export or
reexport to India of any equipment,
components, or materials related to the
enrichment of uranium, the reprocessing
of spent nuclear fuel, or the
production of heavy water if the
requirements of subparagraph (B) are
met.
(ii) Secretary of energy.--The
Secretary of Energy may only issue
authorizations for the transfer or
retransfer to India of any equipment,
materials, or technology related to the
enrichment of uranium, the reprocessing
of spent nuclear fuel, or the
production of heavy water (including
under the terms of a subsequent
arrangement under section 131 of the
Atomic Energy Act of 1954 (42 U.S.C.
2160)) if the requirements of
subparagraph (B) are met.
(B) Requirements for approvals.--Exports,
reexports, transfers, and retransfers referred
to in subparagraph (A) may only be approved
if--
(i) the end user--
(I) is a multinational
facility participating in an
IAEA-approved program to
provide alternatives to
national fuel cycle
capabilities; or
(II) is a facility
participating in, and the
export, reexport, transfer, or
retransfer is associated with,
a bilateral or multinational
program to develop a
proliferation-resistant fuel
cycle;
(ii) appropriate measures are in
place at any facility referred to in
clause (i) to ensure that no sensitive
nuclear technology, as defined in
section 4(5) of the Nuclear
Nonproliferation Act of 1978 (22 U.S.C.
3203(5)), will be diverted to any
person, site, facility, location, or
program not under IAEA safeguards; and
(iii) the President determines that
the export, reexport, transfer, or
retransfer will not assist in the
manufacture or acquisition of nuclear
explosive devices or the production of
fissile material for military purposes.
(5) Nuclear export accountability program.--
(A) In general.--The President shall ensure
that all appropriate measures are taken to
maintain accountability with respect to nuclear
materials, equipment, and technology sold,
leased, exported, or reexported to India so as
to ensure--
(i) full implementation of the
protections required under section 123
a.(1) of the Atomic Energy Act of 1954
(42 U.S.C. 2153 (a)(1)); and
(ii) United States compliance with
Article I of the NPT.
(B) Measures.--The measures taken pursuant to
subparagraph (A) shall include the following:
(i) Obtaining and implementing
assurances and conditions pursuant to
the export licensing authorities of the
Nuclear Regulatory Commission and the
Department of Commerce and the
authorizing authorities of the
Department of Energy, including, as
appropriate, conditions regarding end-
use monitoring.
(ii) A detailed system of reporting
and accounting for technology
transfers, including any retransfers in
India, authorized by the Department of
Energy pursuant to section 57 b. of the
Atomic Energy Act of 1954 (42 U.S.C.
2077(b)). Such system shall be capable
of providing assurances that--
(I) the identified recipients
of the nuclear technology are
authorized to receive the
nuclear technology;
(II) the nuclear technology
identified for transfer will be
used only for peaceful
safeguarded nuclear activities
and will not be used for any
military or nuclear explosive
purpose; and
(III) the nuclear technology
identified for transfer will
not be retransferred without
the prior consent of the United
States, and facilities,
equipment, or materials derived
through the use of transferred
technology will not be
transferred without the prior
consent of the United States.
(iii) In the event the IAEA is unable
to implement safeguards as required by
an agreement for cooperation arranged
pursuant to section 123 of the Atomic
Energy Act of 1954 (42 U.S.C. 2153),
appropriate assurance that arrangements
will be put in place expeditiously that
are consistent with the requirements of
section 123 a.(1) of such Act (42
U.S.C. 2153(a)(1)) regarding the
maintenance of safeguards as set forth
in the agreement regardless of whether
the agreement is terminated or
suspended for any reason.
(C) Implementation.--The measures described
in subparagraph (B) shall be implemented to
provide reasonable assurances that the
recipient is complying with the relevant
requirements, terms, and conditions of any
licenses issued by the United States regarding
such exports, including those relating to the
use, retransfer, safe handling, secure transit,
and storage of such exports.
(e) Joint Resolution of Approval Requirement.--Section 123
d. of the Atomic Energy Act of 1954 (42 U.S.C. 2153(d)) is
amended in the second proviso by inserting after ``that
subsection'' the following: ``, or an agreement exempted
pursuant to section 104(a)(1) of the Henry J. Hyde United
States-India Peaceful Atomic Energy Cooperation Act of 2006,''.
(f) Sunset.--The authority provided under subsection (a)(1)
to exempt an agreement shall terminate upon the date of the
enactment of the United States-India Nuclear Cooperation
Approval and Nonproliferation Enhancement Act.\5\
---------------------------------------------------------------------------
\5\ Sec. 101(c) of the United States-India Nuclear Cooperation
Approval and Nonproliferation Enhancement Act (Public Law 110-369; 122
Stat. 4029) struck out ``the enactment of a joint resolution under
section 123 d. of the Atomic Energy Act of 1954 (42 U.S.C. 2153(d))
approving such an agreement'' and inserted in lieu thereof ``the date
of the enactment of the United States-India Nuclear Cooperation
Approval and Nonproliferation Enhancement Act''.
---------------------------------------------------------------------------
(g) Reporting to Congress.--
(1) Information on nuclear activities of india.--The
President shall keep the appropriate congressional
committees fully and currently informed of the facts
and implications of any significant nuclear activities
of India, including--
(A) any material noncompliance on the part of
the Government of India with--
(i) the nonproliferation commitments
undertaken in the Joint Statement of
July 18, 2005, between the President of
the United States and the Prime
Minister of India;
(ii) the separation plan presented in
the national parliament of India on
March 7, 2006, and in greater detail on
May 11, 2006;
(iii) a safeguards agreement between
the Government of India and the IAEA;
(iv) an Additional Protocol between
the Government of India and the IAEA;
(v) an agreement for cooperation
between the Government of India and the
United States Government arranged
pursuant to section 123 of the Atomic
Energy Act of 1954 (42 U.S.C. 2153) or
any subsequent arrangement under
section 131 of such Act (42 U.S.C.
2160);
(vi) the terms and conditions of any
approved licenses regarding the export
or reexport of nuclear material or
dual-use material, equipment, or
technology; and
(vii) United States laws and
regulations regarding such licenses;
(B) \6\ any material inconsistencies between
the content or timeliness of notifications by
the Government of India pursuant to paragraph
14(a) of the Safeguards Agreement and the
facilities and schedule described in paragraph
(14) of the separation plan presented in the
national parliament of India on May 11, 2006,
taking into account the later initiation of
safeguards than was anticipated in the
separation plan;
---------------------------------------------------------------------------
\6\ Sec. 105(a) of the United States-India Nuclear Cooperation
Approval and Nonproliferation Enhancement Act (Public Law 110-369; 122
Stat. 4030) added a new subpara. (B), and redesignated former subparas.
(B), (C), and (D) as subparas. (C), (D), and (E), respectively.
---------------------------------------------------------------------------
(C) \6\ the construction of a nuclear
facility in India after the date of the
enactment of this title;
(D) \6\ significant changes in the production
by India of nuclear weapons or in the types or
amounts of fissile material produced; and
(E) \6\ changes in the purpose or operational
status of any unsafeguarded nuclear fuel cycle
activities in India.
(2) Implementation and compliance report.--Not later
than 180 days after the date on which an agreement for
cooperation with India arranged pursuant to section 123
of the Atomic Energy Act of 1954 (42 U.S.C. 2153)
enters into force, and annually thereafter, the
President shall submit to the appropriate congressional
committees a report including--
(A) a description of any additional nuclear
facilities and nuclear materials that the
Government of India has placed or intends to
place under IAEA safeguards;
(B) a comprehensive listing of--
(i) all licenses that have been
approved by the Nuclear Regulatory
Commission and the Secretary of Energy
for exports and reexports to India
under parts 110 and 810 of title 10,
Code of Federal Regulations;
(ii) any licenses approved by the
Department of Commerce for the export
or reexport to India of commodities,
related technology, and software which
are controlled for nuclear
nonproliferation reasons on the Nuclear
Referral List of the Commerce Control
List maintained under part 774 of title
15, Code of Federal Regulation, or any
successor regulation;
(iii) any other United States
authorizations for the export or
reexport to India of nuclear materials
and equipment; and
(iv) with respect to each such
license or other form of authorization
described in clauses (i), (ii), and
(iii)--
(I) the number or other
identifying information of each
license or authorization;
(II) the name or names of the
authorized end user or end
users;
(III) the name of the site,
facility, or location in India
to which the export or reexport
was made;
(IV) the terms and conditions
included on such licenses and
authorizations;
(V) any post-shipment
verification procedures that
will be applied to such exports
or reexports; and
(VI) the term of validity of
each such license or
authorization;
(C) a description of any significant nuclear
commerce between India and other countries,
including any such trade that--
(i) is not consistent with applicable
guidelines or decisions of the NSG; or
(ii) would not meet the standards
applied to exports or reexports of such
material, equipment, or technology of
United States origin;
(D) either--
(i) an assessment that India is in
full compliance with the commitments
and obligations contained in the
agreements and other documents
referenced in clauses (i) through (vi)
of paragraph (1)(A); or
(ii) an identification and analysis
of all compliance issues arising with
regard to the adherence by India to its
commitments and obligations,
including--
(I) the measures the United
States Government has taken to
remedy or otherwise respond to
such compliance issues;
(II) the responses of the
Government of India to such
measures;
(III) the measures the United
States Government plans to take
to this end in the coming year;
and
(IV) an assessment of the
implications of any continued
noncompliance, including
whether nuclear commerce with
India remains in the national
security interest of the United
States;
(E)(i) an assessment of whether India is
fully and actively participating in United
States and international efforts to dissuade,
isolate, and, if necessary, sanction and
contain Iran for its efforts to acquire weapons
of mass destruction, including a nuclear
weapons capability (including the capability to
enrich uranium or reprocess nuclear fuel), and
the means to deliver weapons of mass
destruction, including a description of the
specific measures that India has taken in this
regard; and
(ii) if India is not assessed to be fully and
actively participating in such efforts, a
description of--
(I) the measures the United States
Government has taken to secure India's
full and active participation in such
efforts;
(II) the responses of the Government
of India to such measures; and
(III) the measures the United States
Government plans to take in the coming
year to secure India's full and active
participation;
(F) an analysis of whether United States
civil nuclear cooperation with India is in any
way assisting India's nuclear weapons program,
including through--
(i) the use of any United States
equipment, technology, or nuclear
material by India in an unsafeguarded
nuclear facility or nuclear-weapons
related complex;
(ii) the replication and subsequent
use of any United States technology by
India in an unsafeguarded nuclear
facility or unsafeguarded nuclear
weapons-related complex, or for any
activity related to the research,
development, testing, or manufacture of
nuclear explosive devices; and
(iii) the provision of nuclear fuel
in such a manner as to facilitate the
increased production by India of highly
enriched uranium or plutonium in
unsafeguarded nuclear facilities;
(G) a detailed description of--
(i) United States efforts to promote
national or regional progress by India
and Pakistan in disclosing, securing,
limiting, and reducing their fissile
material stockpiles, including
stockpiles for military purposes,
pending creation of a worldwide fissile
material cutoff regime, including the
institution of a Fissile Material Cut-
off Treaty;
(ii) the responses of India and
Pakistan to such efforts; and
(iii) assistance that the United
States is providing, or would be able
to provide, to India and Pakistan to
promote the objectives in clause (i),
consistent with its obligations under
international law and existing
agreements;
(H) an estimate of--
(i) the amount of uranium mined and
milled in India during the previous
year;
(ii) the amount of such uranium that
has likely been used or allocated for
the production of nuclear explosive
devices; and
(iii) the rate of production in India
of--
(I) fissile material for
nuclear explosive devices; and
(II) nuclear explosive
devices;
(I) an estimate of the amount of electricity
India's nuclear reactors produced for civil
purposes during the previous year and the
proportion of such production that can be
attributed to India's declared civil reactors;
(J) an analysis as to whether imported
uranium has affected the rate of production in
India of nuclear explosive devices;
(K) a detailed description of efforts and
progress made toward the achievement of
India's--
(i) full participation in the
Proliferation Security Initiative;
(ii) formal commitment to the
Statement of Interdiction Principles of
such Initiative;
(iii) public announcement of its
decision to conform its export control
laws, regulations, and policies with
the Australia Group and with the
Guidelines, Procedures, Criteria, and
Controls List of the Wassenaar
Arrangement; and
(iv) effective implementation of the
decision described in clause (iii); \7\
---------------------------------------------------------------------------
\7\ Sec. 105(b) of the United States-India Nuclear Cooperation
Approval and Nonproliferation Enhancement Act (Public Law 110-369; 122
Stat. 4031) struck out ``and'' at the end of subpara. (K)(iv), struck
out the period and inserted in lieu thereof ``; and'' at the end of
subpara. (L), and added a new subpara. (M).
---------------------------------------------------------------------------
(L) the disposal during the previous year of
spent nuclear fuel from India's civilian
nuclear program, and any plans or activities
relating to future disposal of such spent
nuclear fuel; and \7\
(M) \7\ with respect to the United States-
India Agreement for Cooperation on Peaceful
Uses of Nuclear Energy (hereinafter in this
subparagraph referred to as the `Agreement')
approved under section 101(a) of the United
States-India Nuclear Cooperation Approval and
Nonproliferation Enhancement Act--
(i) a listing of--
(I) all provision of
sensitive nuclear technology to
India, and other such
information as may be so
designated by the United States
or India under Article 1(Q);
and
(II) all facilities in India
notified pursuant to Article
7(1) of the Agreement;
(ii) a description of--
(I) any agreed safeguards or
any other form of verification
for by-product material decided
by mutual agreement pursuant to
the terms of Article 1(A) of
the Agreement;
(II) research and development
undertaken in such areas as may
be agreed between the United
States and India as detailed in
Article 2(2)(a.) of the
Agreement;
(III) the civil nuclear
cooperation activities
undertaken under Article
2(2)(d.) of the Agreement;
(IV) any United States
efforts to help India develop a
strategic reserve of nuclear
fuel as called for in Article
2(2)(e.) of the Agreement;
(V) any United States efforts
to fulfill political
commitments made in Article
5(6) of the Agreement;
(VI) any negotiations that
have occurred or are ongoing
under Article 6(iii.) of the
Agreement; and
(VII) any transfers beyond
the territorial jurisdiction of
India pursuant to Article 7(2)
of the Agreement, including a
listing of the receiving
country of each such transfer;
(iii) an analysis of--
(I) any instances in which
the United States or India
requested consultations arising
from concerns over compliance
with the provisions of Article
7(1) of the Agreement, and the
results of such consultations;
and
(II) any matters not
otherwise identified in this
report that have become the
subject of consultations
pursuant to Article 13(2) of
the Agreement, and a statement
as to whether such matters were
resolved by the end of the
reporting period; and
(iv) a statement as to whether--
(I) any consultations are
expected to occur under Article
16(5) of the Agreement; and
(II) any enrichment is being
carried out pursuant to Article
6 of the Agreement.
(3) Submittal with other annual reports.--
(A) Report on proliferation prevention.--Each
annual report submitted under paragraph (2)
after the initial report may be submitted
together with the annual report on
proliferation prevention required under section
601(a) of the Nuclear Non-Proliferation Act of
1978 (22 U.S.C. 3281(a)).
(B) Report on progress toward regional
nonproliferation.--The information required to
be submitted under paragraph (2)(F) after the
initial report may be submitted together with
the annual report on progress toward regional
nonproliferation required under section 620F(c)
of the Foreign Assistance Act of 1961 (22
U.S.C. 2376(c)).
(4) Form.--Each report submitted under this
subsection shall be submitted in unclassified form, but
may contain a classified annex.
SEC. 105.\8\ UNITED STATES COMPLIANCE WITH ITS NUCLEAR NONPROLIFERATION
TREATY OBLIGATIONS.
---------------------------------------------------------------------------
\8\ 22 U.S.C. 8004.
---------------------------------------------------------------------------
Nothing in this title constitutes authority for any action
in violation of an obligation of the United States under the
NPT.
SEC. 106.\9\ INOPERABILITY OF DETERMINATION AND WAIVERS.
---------------------------------------------------------------------------
\9\ 22 U.S.C. 8005.
---------------------------------------------------------------------------
A determination and any waiver under section 104 shall
cease to be effective if the President determines that India
has detonated a nuclear explosive device after the date of the
enactment of this title.
SEC. 107.\10\ MTCR ADHERENT STATUS.
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\10\ 22 U.S.C. 8006.
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Congress finds that India is not an MTCR adherent for the
purposes of section 73 of the Arms Export Control Act (22
U.S.C. 2797b).
SEC. 108. TECHNICAL AMENDMENT.
Section 1112(c)(4) of the Arms Control and Nonproliferation
Act of 1999 (title XI of 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 and contained in appendix G of that Act; 113 Stat.
1501A-486)) is amended-- * * *
SEC. 109.\11\ UNITED STATES-INDIA SCIENTIFIC COOPERATIVE NUCLEAR
NONPROLIFERATION PROGRAM.
---------------------------------------------------------------------------
\11\ 22 U.S.C. 8007.
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(a) Establishment.--The Secretary of Energy, acting through
the Administrator of the National Nuclear Security
Administration, is authorized to establish a cooperative
nuclear nonproliferation program to pursue jointly with
scientists from the United States and India a program to
further common nuclear nonproliferation goals, including
scientific research and development efforts, with an emphasis
on nuclear safeguards (in this section referred to as ``the
program'').
(b) Consultation.--The program shall be carried out in
consultation with the Secretary of State and the Secretary of
Defense.
(c) National Academies Recommendations.--
(1) In general.--The Secretary of Energy shall enter
into an agreement with the National Academies to
develop recommendations for the implementation of the
program.
(2) Recommendations.--The agreement entered into
under paragraph (1) shall provide for the preparation
by qualified individuals with relevant expertise and
knowledge and the communication to the Secretary of
Energy each fiscal yearof--
(A) recommendations for research and related
programs designed to overcome existing
technological barriers to nuclear
nonproliferation; and
(B) an assessment of whether activities and
programs funded under this section are
achieving the goals of the activities and
programs.
(3) Public availability.--The recommendations and
assessments prepared under this subsection shall be
made publicly available.
(d) Consistency With Nuclear Non-Proliferation Treaty.--All
United States activities related to the program shall be
consistent with United States obligations under the Nuclear
Non-Proliferation Treaty.
(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section for each of fiscal years 2007 through 2011.
SEC. 110.\12\ DEFINITIONS.
---------------------------------------------------------------------------
\12\ 22 U.S.C. 8008.
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In this title:
(1) The term ``Additional Protocol'' means a protocol
additional to a safeguards agreement with the IAEA, as
negotiated between a country and the IAEA based on a
Model Additional Protocol as set forth in IAEA
information circular (INFCIRC) 540.
(2) The term ``appropriate congressional committees''
means the Committee on Foreign Relations of the Senate
and the Committee on International Relations of the
House of Representatives.
(3) The term ``dual-use material, equipment, or
technology'' means material, equipment, or technology
that may be used in nuclear or nonnuclear applications.
(4) The term ``IAEA safeguards'' has the meaning
given the term in section 830(3) of the Nuclear
Proliferation Prevention Act of 1994 (22 U.S.C.
6305(3)).
(5) The term ``Indian person'' means--
(A) a natural person that is a citizen of
India or is subject to the jurisdiction of the
Government of India;
(B) a corporation, business association,
partnership, society, trust, or any other
nongovernmental entity, organization, or group,
that is organized under the laws of India or
has its principal place of business in India;
and
(C) any Indian governmental entity, including
any governmental entity operating as a business
enterprise.
(6) The terms ``Missile Technology Control Regime'',
``MTCR'', and ``MTCR adherent'' have the meanings given
the terms in section 74 of the Arms Export Control Act
(22 U.S.C. 2797c).
(7) The term ``nuclear materials and equipment''
means source material, special nuclear material,
production and utilization facilities and any
components thereof, and any other items or materials
that are determined to have significance for nuclear
explosive purposes pursuant to subsection 109 b. of the
Atomic Energy Act of 1954 (42 U.S.C. 2139(b)).
(8) The terms ``Nuclear Non-Proliferation Treaty''
and ``NPT'' mean 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).
(9) The terms ``Nuclear Suppliers Group'' and ``NSG''
refer to a group, which met initially in 1975 and has
met at least annually since 1992, of Participating
Governments that have promulgated and agreed to adhere
to Guidelines for Nuclear Transfers (currently IAEA
INFCIRC/254/Rev.8/Part 1) and Guidelines for Transfers
of Nuclear-Related Dual-Use Equipment, Materials,
Software, and Related Technology (currently IAEA
INFCIRC/254/Rev.7/Part 2).
(10) The terms ``nuclear weapon'' and ``nuclear
explosive device'' mean any device designed to produce
an instantaneous release of an amount of nuclear energy
from special nuclear material that is greater than the
amount of energy that would be released from the
detonation of one pound of trinitrotoluene (TNT).
(11) The term ``process'' includes the term
``reprocess''.
(12) The terms ``reprocessing'' and ``reprocess''
refer to the separation of irradiated nuclear materials
and fission products from spent nuclear fuel.
(13) The term ``sensitive nuclear technology'' means
any information, including information incorporated in
a production or utilization facility or important
component part thereof, that is not available to the
public and which is important to the design,
construction, fabrication, operation, or maintenance of
a uranium enrichment or nuclear fuel reprocessing
facility or a facility for the production of heavy
water.
(14) The term ``source material'' has the meaning
given the term in section 11 z. of the Atomic Energy
Act of 1954 (42 U.S.C. 2014(z)).
(15) The term ``special nuclear material'' has the
meaning given the term in section 11 aa. of the Atomic
Energy Act of 1954 (42 U.S.C. 2014(aa)).
(16) The term ``unsafeguarded nuclear fuel-cycle
activity'' means research on, or development, design,
manufacture, construction, operation, or maintenance
of--
(A) any existing or future reactor, critical
facility, conversion plant, fabrication plant,
reprocessing plant, plant for the separation of
isotopes of source or special fissionable
material, or separate storage installation with
respect to which there is no obligation to
accept IAEA safeguards at the relevant reactor,
facility, plant, or installation that contains
source or special fissionable material; or
(B) any existing or future heavy water
production plant with respect to which there is
no obligation to accept IAEA safeguards on any
nuclear material produced by or used in
connection with any heavy water produced
therefrom.
(4) North Korea Threat Reduction Act of 1999
Partial text of Public Law 106-113 [Consolidated Appropriations Act,
2000; H.R. 3194], 113 Stat. 1501, approved November 29, 1999; as
amended by Public Law 107-228 [Foreign Relations Authorization Act,
Fiscal Year 2003; H.R. 1646], 116 Stat. 1350, approved September 30,
2002
* * * * * * *
Subtitle B--North Korea Threat Reduction \1\
SEC. 821. SHORT TITLE.
This subtitle may be cited as the ``North Korea Threat
Reduction Act of 1999''.
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\1\ Subtitle B of title VIII of H.R. 3427, enacted by reference in
sec. 1000(a)(7) of Public Law 106-113.
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SEC. 822. RESTRICTIONS ON NUCLEAR COOPERATION WITH NORTH KOREA.
(a) In General.--Notwithstanding any other provision of law
or any international agreement, no agreement for cooperation
(as defined in sec. 11 b. of the Atomic Energy Act of 1954 (42
U.S.C. 2014 b.)) between the United States and North Korea may
become effective, no license may be issued for export directly
or indirectly to North Korea of any specified nuclear item,\2\
and no approval may be given for the transfer or retransfer
directly or indirectly to North Korea of any specified nuclear
item \2\ until the President determines and reports to the
Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate that--
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\2\ Sec. 1307(a) of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1438) struck out ``nuclear
material, facilities, components, or other goods, services, or
technology that would be subject to such agreement,'' in both places
where it appeared and inserted in lieu thereof ``specified nuclear
item,''.
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(1) North Korea has come into full compliance with
its safeguards agreement with the IAEA (INFCIRC/403),
and has taken all steps that have been deemed necessary
by the IAEA in this regard;
(2) North Korea has permitted the IAEA full access to
all additional sites and all information (including
historical records) deemed necessary by the IAEA to
verify the accuracy and completeness of North Korea's
initial report of May 4, 1992, to the IAEA on all
nuclear sites and material in North Korea;
(3) North Korea is in full compliance with its
obligations under the Agreed Framework;
(4) North Korea has consistently taken steps to
implement the Joint Declaration on Denuclearization,
and is in full compliance with its obligations under
numbered paragraphs 1, 2, and 3 of the Joint
Declaration on Denuclearization (excluding in the case
of numbered paragraph 3 facilities frozen pursuant to
the Agreed Framework);
(5) North Korea does not have uranium enrichment or
nuclear reprocessing facilities (excluding facilities
frozen pursuant to the Agreed Framework), and is making
no significant progress toward acquiring or developing
such facilities;
(6) North Korea does not have nuclear weapons and is
making no significant effort to acquire, develop, test,
produce, or deploy such weapons; and
(7) the transfer to North Korea of key nuclear
components, under the proposed agreement for
cooperation with North Korea and in accordance with the
Agreed Framework, is in the national interest of the
United States.
(b) Construction.--The restrictions contained in subsection
(a) shall apply in addition to all other applicable procedures,
requirements, and restrictions contained in the Atomic Energy
Act of 1954 and other laws.
SEC. 823. DEFINITIONS.
In this subtitle:
(1) Agreed framework.--The term ``Agreed Framework''
means the ``Agreed Framework Between the United States
of America and the Democratic People's Republic of
Korea'', signed in Geneva on October 21, 1994, and the
Confidential Minute to that Agreement.
(2) IAEA.--The term ``IAEA'' means the International
Atomic Energy Agency.
(3) North korea.--The term ``North Korea'' means the
Democratic People's Republic of Korea.
(4) Joint declaration on denuclearization.--The term
``Joint Declaration on Denuclearization'' means the
Joint Declaration on the Denuclearization of the Korean
Peninsula, issued by the Republic of Korea and the
Democratic People's Republic of Korea on January 1,
1992.
(5) \3\ Specified nuclear item.--The term ``specified
nuclear item'' includes--
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\3\ Sec. 1307(b) of Public Law 107-228 (116 Stat. 1439) added para.
(5) to sec. 823.
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(A) nuclear material, facilities, components,
or other goods, services, or technology the
transfer of which to North Korea would be
required by the Atomic Energy Act of 1954 to be
subject to an agreement for cooperation, as
defined in section 11 b. of that Act (42 U.S.C.
2014 b.), between the United States and North
Korea; and
(B) components that are listed on Annex A or
Annex B to 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. 5/Part 1,
or any subsequent revision thereof).
(5) USEC Privatization Act
Partial text of Public Law 104-134 [Omnibus Consolidated Rescissions
and Appropriations Act of 1996; H.R. 3019], 110 Stat. 1321, approved
April 26, 1996
AN ACT Making appropriations for fiscal year 1996 to make a further
downpayment toward a balanced budget, 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
RESCISSIONS AND OFFSETS
CHAPTER 1
ENERGY AND WATER DEVELOPMENT
Subchapter A--United States Enrichment Corporation Privatization
SEC. 3101.\1\ SHORT TITLE.
This subchapter may be cited as the ``USEC Privatization
Act''.
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\1\ 42 U.S.C. 2011 note.
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SEC. 3102.\2\ DEFINITIONS.
For purposes of this subchapter:
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\2\ 42 U.S.C. 2297h.
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(1) The term ``AVLIS'' means atomic vapor laser
isotope separation technology.
(2) The term ``Corporation'' means the United States
Enrichment Corporation and, unless the context
otherwise requires, includes the private corporation
and any successor thereto following privatization.
(3) The term ``gaseous diffusion plants'' means the
Paducah Gaseous Diffusion Plant at Paducah, Kentucky
and the Portsmouth Gaseous Diffusion Plant at Piketon,
Ohio.
(4) The term ``highly enriched uranium'' means
uranium enriched to 20 percent or more of the uranium-
235 isotope.
(5) The term ``low-enriched uranium'' means uranium
enriched to less than 20 percent of the uranium-235
isotope, including that which is derived from highly
enriched uranium.
(6) The term ``low-level radioactive waste'' has the
meaning given such term in section 2(9) of the Low-
Level Radioactive Waste Policy Act (42 U.S.C.
2021b(9)).
(7) The term ``private corporation'' means the
corporation established under section 3105.
(8) The term ``privatization'' means the transfer of
ownership of the Corporation to private investors.
(9) The term ``privatization date'' means the date on
which 100 percent of the ownership of the Corporation
has been transferred to private investors.
(10) The term ``public offering'' means an
underwritten offering to the public of the common stock
of the private corporation pursuant to section 3104.
(11) The ``Russian HEU Agreement'' means the
Agreement Between the Government of the United States
of America and the Government of the Russian Federation
Concerning the Disposition of Highly Enriched Uranium
Extracted from Nuclear Weapons, dated February 18,
1993.
(12) The term ``Secretary'' means the Secretary of
Energy.
(13) The ``Suspension Agreement'' means the Agreement
to Suspend the Antidumping Investigation on Uranium
from the Russian Federation, as amended.
(14) The term ``uranium enrichment'' means the
separation of uranium of a given isotopic content into
2 components, 1 having a higher percentage of a fissile
isotope and 1 having a lower percentage.
SEC. 3103.\3\ SALE OF THE CORPORATION.
(a) Authorization.--The Board of Directors of the
Corporation, with the approval of the Secretary of the
Treasury, shall transfer the interest of the United States in
the United States Enrichment Corporation to the private sector
in a manner that provides for the long-term viability of the
Corporation, provides for the continuation by the Corporation
of the operation of the Department of Energy's gaseous
diffusion plants, provides for the protection of the public
interest in maintaining a reliable and economical domestic
source of uranium mining, enrichment and conversion services,
and, to the extent not inconsistent with such purposes, secures
the maximum proceeds to the United States.
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\3\ 42 U.S.C. 2297h-1.
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(b) Proceeds.--Proceeds from the sale of the United States'
interest in the Corporation shall be deposited in the general
fund of the Treasury.
SEC. 3104.\4\ METHOD OF SALE.
(a) Authorization.--The Board of Directors of the
Corporation, with the approval of the Secretary of the
Treasury, shall transfer ownership of the assets and
obligations of the Corporation to the private corporation
established under section 3105 (which may be consummated
through a merger or consolidation effected in accordance with,
and having the effects provided under, the law of the State of
incorporation of the private corporation, as if the Corporation
were incorporated thereunder).
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\4\ 42 U.S.C. 2297h-2.
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(b) Board Determination.--The Board, with the approval of
the Secretary of the Treasury, shall select the method of
transfer and establish terms and conditions for the transfer
that will provide the maximum proceeds to the Treasury of the
United States and will provide for the long-term viability of
the private corporation, the continued operation of the gaseous
diffusion plants, and the public interest in maintaining
reliable and economical domestic uranium mining and enrichment
industries.
(c) Adequate Proceeds.--The Secretary of the Treasury shall
not allow the privatization of the Corporation unless before
the sale date the Secretary of the Treasury determines that the
method of transfer will provide the maximum proceeds to the
Treasury consistent with the principles set forth in section
3103(a).
(d) Application of Securities Laws.--Any offering or sale
of securities by the private corporation shall be subject to
the Securities Act of 1933 (15 U.S.C. 77a et seq.), the
Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), and
the provisions of the Constitution and laws of any State,
territory, or possession of the United States relating to
transactions in securities.
(e) Expenses.--Expenses of privatization shall be paid from
Corporation revenue accounts in the United States Treasury.
SEC. 3105.\5\ ESTABLISHMENT OF PRIVATE CORPORATION.
(a) Incorporation.--(1) The directors of the Corporation
shall establish a private for-profit corporation under the laws
of a State for the purpose of receiving the assets and
obligations of the Corporation at privatization and continuing
the business operations of the Corporation following
privatization.
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\5\ 42 U.S.C. 2297h-3.
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(2) The directors of the Corporation may serve as
incorporators of the private corporation and shall take all
steps necessary to establish the private corporation, including
the filing of articles of incorporation consistent with the
provisions of this subchapter.
(3) Employees and officers of the Corporation (including
members of the Board of Directors) acting in accordance with
this section on behalf of the private corporation shall be
deemed to be acting in their official capacities as employees
or officers of the Corporation for purposes of section 205 of
title 18, United States Code.
(b) Status of the Private Corporation.--(1) The private
corporation shall not be an agency, instrumentality, or
establishment of the United States, a Government corporation,
or a Government-controlled corporation.
(2) Except as otherwise provided by this subchapter,
financial obligations of the private corporation shall not be
obligations of, or guaranteed as to principal or interest by,
the Corporation or the United States, and the obligations shall
so plainly state.
(3) No action under section 1491 of title 28, United States
Code, shall be allowable against the United States based on
actions of the private corporation.
(c) Application of Post-Government Employment
Restrictions.--Beginning on the privatization date, the
restrictions stated in section 207 (a), (b), (c), and (d) of
title 18, United States Code, shall not apply to the acts of an
individual done in carrying out official duties as a director,
officer, or employee of the private corporation, if the
individual was an officer or employee of the Corporation
(including a director) continuously during the 45 days prior to
the privatization date.
(d) Dissolution.--In the event that the privatization does
not occur, the Corporation will provide for the dissolution of
the private corporation within 1 year of the private
corporation's incorporation unless the Secretary of the
Treasury or his delegate, upon the Corporation's request,
agrees to delay any such dissolution for an additional year.
SEC. 3106.\6\ TRANSFERS TO THE PRIVATE CORPORATION.
Concurrent with privatization, the Corporation shall
transfer to the private corporation--
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\6\ 42 U.S.C. 2297h-4.
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(1) the lease of the gaseous diffusion plants in
accordance with section 3107,
(2) all personal property and inventories of the
Corporation,
(3) all contracts, agreements, and leases under
section 3108(a),
(4) the Corporation's right to purchase power from
the Secretary under section 3108(b),
(5) such funds in accounts of the Corporation held by
the Treasury or on deposit with any bank or other
financial institution as approved by the Secretary of
the Treasury, and
(6) all of the Corporation's records, including all
of the papers and other documentary materials,
regardless of physical form or characteristics, made or
received by the Corporation.
* * * * * * *
SEC. 3112.\7\ URANIUM TRANSFERS AND SALES.
(a) Transfers and Sales by the Secretary.--The Secretary
shall not provide enrichment services or transfer or sell any
uranium (including natural uranium concentrates, natural
uranium hexafluoride, or enriched uranium in any form) to any
person except as consistent with this section.
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\7\ 42 U.S.C. 2297h-10.
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(b) Russian HEU.--(1) On or before December 31, 1996, the
United States Executive Agent under the Russian HEU Agreement
shall transfer to the Secretary without charge title to an
amount of uranium hexafluoride equivalent to the natural
uranium component of low-enriched uranium derived from at least
18 metric tons of highly enriched uranium purchased from the
Russian Executive Agent under the Russian HEU Agreement. The
quantity of such uranium hexafluoride delivered to the
Secretary shall be based on a tails assay of 0.30
U235. Uranium hexafluoride transferred to the
Secretary pursuant to this paragraph shall be deemed under
United States law for all purposes to be of Russian origin.
(2) Within 7 years of the date of enactment of this Act,
the Secretary shall sell, and receive payment for, the uranium
hexafluoride transferred to the Secretary pursuant to paragraph
(1). Such uranium hexafluoride shall be sold--
(A) at any time for use in the United States for the
purpose of overfeeding;
(B) at any time for end use outside the United
States;
(C) in 1995 and 1996 to the Russian Executive Agent
at the purchase price for use in matched sales pursuant
to the Suspension Agreement; or,
(D) in calendar year 2001 for consumption by end
users in the United States not prior to January 1,
2002, in volumes not to exceed 3,000,000 pounds
U3O8 equivalent per year.
(3) With respect to all enriched uranium delivered to the
United States Executive Agent under the Russian HEU Agreement
on or after January 1, 1997, the United States Executive Agent
shall, upon request of the Russian Executive Agent, enter into
an agreement to deliver concurrently to the Russian Executive
Agent an amount of uranium hexafluoride equivalent to the
natural uranium component of such uranium. An agreement
executed pursuant to a request of the Russian Executive Agent,
as contemplated in this paragraph, may pertain to any
deliveries due during any period remaining under the Russian
HEU Agreement. The quantity of such uranium hexafluoride
delivered to the Russian Executive Agent shall be based on a
tails assay of 0.30 U235. Title to uranium
hexafluoride delivered to the Russian Executive Agent pursuant
to this paragraph shall transfer to the Russian Executive Agent
upon delivery of such material to the Russian Executive Agent,
with such delivery to take place at a North American facility
designated by the Russian Executive Agent. Uranium hexafluoride
delivered to the Russian Executive Agent pursuant to this
paragraph shall be deemed under U.S. law for all purposes to be
of Russian origin. Such uranium hexafluoride may be sold to any
person or entity for delivery and use in the United States only
as permitted in subsections (b)(5), (b)(6) and (b)(7) of this
section.
(4) In the event that the Russian Executive Agent does not
exercise its right to enter into an agreement to take delivery
of the natural uranium component of any low-enriched uranium,
as contemplated in paragraph (3), within 90 days of the date
such low-enriched uranium is delivered to the United States
Executive Agent, or upon request of the Russian Executive
Agent, then the United States Executive Agent shall engage an
independent entity through a competitive selection process to
auction an amount of uranium hexafluoride or
U3O8 (in the event that the conversion
component of such hexafluoride has previously been sold)
equivalent to the natural uranium component of such low-
enriched uranium. An agreement executed pursuant to a request
of the Russian Executive Agent, as contemplated in this
paragraph, may pertain to any deliveries due during any period
remaining under the Russian HEU Agreement. Such independent
entity shall sell such uranium hexafluoride in one or more lots
to any person or entity to maximize the proceeds from such
sales, for disposition consistent with the limitations set
forth in this subsection. The independent entity shall pay to
the Russian Executive Agent the proceeds of any such auction
less all reasonable transaction and other administrative costs.
The quantity of such uranium hexafluoride auctioned shall be
based on a tails assay of 0.30 U235. Title to
uranium hexafluoride auctioned pursuant to this paragraph shall
transfer to the buyer of such material upon delivery of such
material to the buyer. Uranium hexafluoride auctioned pursuant
to this paragraph shall be deemed under United States law for
all purposes to be of Russian origin.
(5) Except as provided in paragraphs (6) and (7), uranium
hexafluoride delivered to the Russian Executive Agent under
paragraph (3) or auctioned pursuant to paragraph (4), may not
be delivered for consumption by end users in the United States
either directly or indirectly prior to January 1, 1998, and
thereafter only in accordance with the following schedule:
Annual Maximum Deliveries to End Users Year: (millions lbs. U3O8 equivalent)1998............................... 2
1999............................... 4
2000............................... 6
2001............................... 8
2002............................... 10
2003............................... 12
2004............................... 14
2005............................... 16
2006............................... 17
2007............................... 18
2008............................... 19
2009 and each year thereafter...... 20
(6) Uranium hexafluoride delivered to the Russian Executive
Agent under paragraph (3) or auctioned pursuant to paragraph
(4) may be sold at any time as Russian-origin natural uranium
in a matched sale pursuant to the Suspension Agreement, and in
such case shall not be counted against the annual maximum
deliveries set forth in paragraph (5).
(7) Uranium hexafluoride delivered to the Russian Executive
Agent under paragraph (3) or auctioned pursuant to paragraph
(4) may be sold at any time for use in the United States for
the purpose of overfeeding in the operations of enrichment
facilities.
(8) Nothing in this subsection (b) shall restrict the sale
of the conversion component of such uranium hexafluoride.
(9) The Secretary of Commerce shall have responsibility for
the administration and enforcement of the limitations set forth
in this subsection. The Secretary of Commerce may require any
person to provide any certifications, information, or take any
action that may be necessary to enforce these limitations. The
United States Customs Service shall maintain and provide any
information required by the Secretary of Commerce and shall
take any action requested by the Secretary of Commerce which is
necessary for the administration and enforcement of the uranium
delivery limitations set forth in this section.
(10) The President shall monitor the actions of the United
States Executive Agent under the Russian HEU Agreement and
shall report to the Congress not later than December 31 of each
year on the effect the low-enriched uranium delivered under the
Russian HEU Agreement is having on the domestic uranium mining,
conversion, and enrichment industries, and the operation of the
gaseous diffusion plants. Such report shall include a
description of actions taken or proposed to be taken by the
President to prevent or mitigate any material adverse impact on
such industries or any loss of employment at the gaseous
diffusion plants as a result of the Russian HEU Agreement.
(c) Transfers to the Corporation.--(1) The Secretary shall
transfer to the Corporation without charge up to 50 metric tons
of enriched uranium and up to 7,000 metric tons of natural
uranium from the Department of Energy's stockpile, subject to
the restrictions in subsection (c)(2).
(2) The Corporation shall not deliver for commercial end
use in the United States--
(A) any of the uranium transferred under this
subsection before January 1, 1998;
(B) more than 10 percent of the uranium (by uranium
hexafluoride equivalent content) transferred under this
subsection or more than 4,000,000 pounds, whichever is
less, in any calendar year after 1997; or
(C) more than 800,000 separative work units contained
in low-enriched uranium transferred under this
subsection in any calendar year.
(d) Inventory Sales.--(1) In addition to the transfers
authorized under subsections (c) and (e), the Secretary may,
from time to time, sell natural and low-enriched uranium
(including low-enriched uranium derived from highly enriched
uranium) from the Department of Energy's stockpile.
(2) Except as provided in subsections (b), (c), and (e), no
sale or transfer of natural or low-enriched uranium shall be
made unless--
(A) the President determines that the material is not
necessary for national security needs,
(B) the Secretary determines that the sale of the
material will not have an adverse material impact on
the domestic uranium mining, conversion, or enrichment
industry, taking into account the sales of uranium
under the Russian HEU Agreement and the Suspension
Agreement, and
(C) the price paid to the Secretary will not be less
than the fair market value of the material.
(e) Government Transfers.--Notwithstanding subsection
(d)(2), the Secretary may transfer or sell enriched uranium--
(1) to a Federal agency if the material is
transferred for the use of the receiving agency without
any resale or transfer to another entity and the
material does not meet commercial specifications;
(2) to any person for national security purposes, as
determined by the Secretary; or
(3) to any State or local agency or nonprofit,
charitable, or educational institution for use other
than the generation of electricity for commercial use.
(f) Savings Provision.--Nothing in this subchapter shall be
read to modify the terms of the Russian HEU Agreement.
* * * * * * *
SEC. 3116. AMENDMENTS TO THE ATOMIC ENERGY ACT.
(a) Repeal.--(1) Chapters 22 through 26 of the Atomic
Energy Act of 1954 (42 U.S.C. 2297-2297e-7) are repealed as of
the privatization date. * * *
* * * * * * *
(6) Establishment of the Enrichment Oversight Committee
Executive Order 13085, May 26, 1998, 63 F.R. 29335, 42 U.S.C. 2297h
note \1\
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\1\ See also Executive Order 13159 of June 21, 2000 (65 F.R. 39279;
June 26, 2000), relating to ``Blocking property of the Government of
the Russian Federation relating to the disposition of highly enriched
uranium extracted from nuclear weapons'', in Legislation on Foreign
Relations Through 2008, vol. III.
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By the authority vested in me as President by the
Constitution and the laws of the United States of America, and
in order to further the national security and other interests
of the United States with regard to uranium enrichment and
related businesses after the privatization of the United States
Enrichment Corporation (USEC), it is ordered as follows:
Section 1. Establishment. There is hereby established as
Enrichment Oversight Committee (EOC).
Sec. 2. Objectives. the EOC shall monitor and coordinate
United States Government efforts with respect to the privatized
USEC and any successor entities involved in uranium enrichment
and related businesses in furtherance of the following
objectives:
(a) The full implementation of the Agreement Between
the Government of the United States of America and the
Government of the Russian Federation Concerning the
Disposition of Highly Enriched Uranium (HEU) Extracted
from Nuclear Weapons, dated February 18, 1993 (``HEU
Agreement''), and related contracts and agreements by
the USEC as executive agent or by any other executive
agents;
(b) The application of statutory, regulatory, and
contractual restrictions on foreign ownership, control,
or influence in the USEC, any successor entities, and
any other executive agents;
(c) The development and implementation of United
States Government policy regarding uranium enrichment
and related technologies, processes, and data; and
(d) The collection and dissemination of information
relevant to any of the foregoing on an ongoing basis,
including from the Central Intelligence Agency and the
Federal Bureau of Investigation.
Sec. 3. Organization. (a) The EOC shall be Chaired by a
senior official from the National Security Council (NSC). The
Chair shall coordinate the carrying out of the purposes and
policy objectives of this order. The EOC shall meet as often as
appropriate, but at least quarterly, and shall submit reports
to the Assistant to the President for National Security Affairs
semiannually, or more frequently as appropriate. The EOC shall
prepare annually the report for the President's transmittal to
the Congress pursuant to section 3112 of the USEC Privatization
Act, Public Law 104-134, title III, 3112(b)(1), 110 Stat. 1321-
344, 1321-346 (1996).
(b) The EOC shall consist of representatives from the
Departments of State, the Treasury, Defense, Justice, Commerce,
Energy, and the Office of Management and Budget, the NSC, the
National Economic Council, the Council of Economic Advisers,
and the Intelligence Community. The EOC shall formulate
internal guidelines for its operations, including guidelines
for convening meetings.
(c) The EOC shall coordinate sharing of information and
provide direction, while operational responsibilities resulting
from the EOC's oversight activities will rest with EOC member
agencies.
(d) At the request of the EOC, appropriate agencies,
including the Department of Energy, shall provide day-to-day
support for the EOC.
Sec. 4. HEU Agreement, Oversight. The EOC shall form an HEU
Agreement Oversight Subcommittee (the ``Subcommittee'') in
order to continue coordination of the implementation of the HEU
Agreement and related contracts and agreements, monitor actions
taken by the executive agent, and make recommendations
regarding steps designed to facilitate full implementation of
the HEU Agreement, including changes with respect to the
executive agent. The Subcommittee shall be chaired by a senior
official from the NSC and shall include representatives of the
Departments of State, Defense, Justice, Commerce, and Energy,
and the Office of Management and Budget, the National Economic
Council, the Intelligence community, and, as appropriate, the
United States Trade Representative, and the Council of Economic
Advisers. The Subcommittee shall meet as appropriate to review
the implementation of the HEU Agreement and consider steps to
facilitate full implementation of that Agreement. In
particular, the Subcommittee shall:
(a) have access to all information concerning
implementation of the HEU Agreement and related
contracts and agreements;
(b) monitor negotiations between the executive agent
or agents and Russian authorities on implementation of
the HEU Agreement, including the proposals of both
sides on delivery schedules and on price;
(c) monitor sales of the natural uranium component of
low-enriched uranium derived from Russian HEU pursuant
to applicable law;
(d) establish procedures for designating alternative
executive agents to implement the HEU Agreement;
(e) coordinate policies and procedures regarding the
full implementation of the HEU purchase agreement and
related contracts and agreements, consistent with
applicable law; and
(f) coordinate the position of the United States
Government on any issues that arise in the
implementation of the Memorandum of Agreement with the
USEC for the USEC to serve as the United States
Government Executive Agent under the HEU Agreement.
Sec. 5. Foreign Ownership, Control, or Influence (FOCI).
The EOC shall collect information and monitor issues relating
to foreign ownership, control, or influence of the USEC or any
successor entities. Specifically, the EOC shall:
(a) monitor the application and enforcement of the
FOCI requirements of the National Industrial Security
Program established by Executive Order 12829 with
respect to the USEC and any successor entities (see
National Industrial Security Program Operating Manual,
Department of Defense 2-3 (Oct. 1994));
(b) monitor and review reports and submissions
relating to FOCI issues made by the USEC or any
successor entity to the Nuclear Regulatory Commission
(NRC) under the Atomic Energy Act of 1954, 42 U.S.C.
2011 et seq. (1994), and the USEC Privatization Act,
Public Law 104-134, title III, 110 Stat. 1321-335 et
seq. (1996);
(c) ensure coordination with the Intelligence
Community of the collection and analysis of
intelligence and ensure coordination of intelligence
with other information related to FOCI issues; and
(d) ensure coordination with the Committee on Foreign
Investment in the United States.
Sec. 6. Domestic Enrichment Services. The EOC shall collect
and analyze information related to the maintenance of domestic
uranium mining, enrichment, and conversion industries, provided
that such activities shall be undertaken in a manner that
provides appropriate protection for such information. In
particular, the EOC shall:
(a) collect and review all public filings made by or
with respect to the USEC or any successor entities with
the Securities and Exchange Commission;
(b) collect information from all available sources
necessary for the preparation of the annual report to
the Congress required by section 3112 of the USEC
Privatization Act, as noted in section 3(a) of this
order, including information relating to plans by the
USEC or any successor entities to expand or contract
materially the enrichment of uranium-using gaseous
diffusion technology;
(c) collect information relating to the development
and implementation of atomic vapor laser isotope
separation technology;
(d) to the extent permitted by law, and as necessary
to fulfill the EOC's oversight functions, collect
proprietary information from the USEC, or any successor
entities, provide that the collection of such
information shall be undertaken so as to minimize
disruption to the normal functioning of the private
corporation. For example, such information would
include the USEC's financial statements prepared in
accordance with standards applicable to public
registrants and the executive summary of the USEC's
strategic plan as shared with its Board of directors,
as well as timely information on its unit production
costs, capacity utilization rates, average pricing and
sales for the current year and for new contracts,
employment levels, overseas activities, and research
and development initiatives. Such information shall be
collected on an annual basis, with quarterly updates as
appropriate; and
(e) coordinate with relevant agencies in monitoring
the levels of natural and enriched uranium and
enrichment services imported into the United States.
Sec. 7. Coordination with the Nuclear Regulatory
Commission. Upon notification by the NRC that it seeks the
views of other agencies of the executive branch regarding
determinations necessary for the issuance, reissuance, or
renewal of a certificate of compliance or license to the
privatized USEC, the EOC shall convey the relevant views of
these other agencies of the executive branch, including whether
the applicant's performance as the United States agent for the
HEU Agreement is acceptable, on a schedule consistent with the
NRC's need for timely action on such regulatory decisions.
(7) EURATOM Cooperation Act of 1958, as amended
Public Law 85-846 [S. 4273], 72 Stat. 1084, approved August 28, 1958;
as amended by Public Law 87-206, 75 Stat. 479, approved September 6,
1961; Public Law 88-394, 78 Stat. 376, approved August 1, 1964; Public
Law 90-190, 81 Stat. 578, approved December 14, 1967; and Public Law
93-88, 87 Stat. 296, approved August 14, 1973
AN ACT To provide for cooperation with the European Atomic Energy
Community.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act may be cited as the ``EURATOM Cooperation Act of 1958''.
Sec. 2.\1\ As used in this Act--
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\1\ 42 U.S.C. 2291.
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(a) ``The Community'' means the European Atomic Energy
Community (EURATOM).
(b) The ``Commission'' means the Atomic Energy Commission,
as established by the Atomic Energy Act of 1954, as amended.
(c) ``Joint program'' means the cooperative program
established by the Community and the United States and carried
out in accordance with the provisions of an agreement for
cooperation entered into pursuant to the provisions of section
123 of the Atomic Energy Act of 1954, as amended, to bring into
operation in the territory of the members of the Community
powerplants using nuclear reactors of types selected by the
Commission and the Community, having as a goal a total
installed capacity of approximately one million kilowatts of
electricity by December 31, 1963, except that two reactors may
be selected to be in operation by December 31, 1965.
(d) All other terms used in this Act shall have the same
meaning as terms described in section 11 of the Atomic Energy
Act of 1954, as amended.
Sec. 3.\2\ There is hereby authorized to be appropriated to
the Commission, in accordance with the provisions of section
261(a)(2) of the Atomic Energy Act of 1954, as amended, the sum
of $3,000,000 \3\ as an initial authorization for fiscal year
1959 for use in a cooperative program of research and
development in connection with the types of reactors selected
by the Commission and the Community under the joint program.
The Commission may enter into contracts for such periods as it
deems necessary, but in no event to exceed five years, for the
purpose of conducting the research and development program
authorized by this section: Provided, That the Community
authorizes an equivalent amount for use in the cooperative
program of research and development.
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\2\ 42 U.S.C. 2292.
\3\ Sec. 109 of Public Law 86-50 (73 Stat. 84) authorized
appropriation of an additional $7,000,000; sec. 109 of Public Law 87-
701 (76 Stat. 602) authorized appropriation of an additional
$5,000,000; sec. 103 of Public Law 88-72 (77 Stat. 86) authorized
appropriation of an additional $7,500,000; and sec. 101(a) of Public
Law 88-332 (78 Stat. 227) authorized appropriation of an additional
$3,000,000.
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Sec. 4.\4\ The Commission is authorized, within limits of
amounts which may hereafter be authorized to be appropriated in
accordance with the provisions of section 261(a)(2) of the
Atomic Energy Act of 1954, as amended, to make guarantee
contracts which shall in the aggregate not exceed a total
contingent liability of $90,000,000 designed to assure that the
charges to an operator of a reactor constructed under the joint
program for fabricating, processing, and transporting fuel will
be no greater than would result under the fuel fabricating and
fuel life guarantees which the Commission shall establish for
such reactor. Within the limits of such amounts, the Commission
is authorized to make contracts under this section, without
regard to the provisions of sections 3679 and 3709 of the
Revised Statutes, as amended, for such period of time as it
determines to be necessary: Provided, however, That no such
contracts may extend for a period longer than that necessary to
cover fuel loaded into a reactor constructed under the joint
program during the first ten years of the reactor operation or
prior to December 31, 1973 (or December 31, 1975, for not more
than two reactors selected under section 2(c)), whichever is
earlier. In establishing criteria for the selection of projects
and in entering into such guarantee contracts, the Commission
shall be guided by, but not limited to, the following
principles:
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\4\ Formerly at 42 U.S.C. 2293, now omitted. The U.S. Code no
longer includes sec. 4 as it pertained to contracts that expired no
later than December 31, 1975.
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(a) The Commission shall encourage a strong and competitive
atomic equipment manufacturing industry in the United States
designed to provide diversified sources of supply for reactor
parts and reactor fuel elements under the joint program;
(b) The guarantee shall be consistent with the provisions
of this Act and of Attachment A to the Memorandum of
Understanding between the Government of the United States and
the Community, signed in Brussels on May 29, 1958, and in
Washington, District of Columbia, on June 12, 1958, and
transmitted to Congress on June 23, 1958; \5\
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\5\ Agreement Relating to Programs for Peaceful Applications of
Atomic Energy. Signed at Brussels, May 29, 1958, and at Washington,
June 18, 1958. Entered into force, August 27, 1958. 9 UST 1116; TIAS
4091; 335 UNTS 161.
The Senate approved the 1958 agreement by Senate Concurrent
Resolution 116, 85th Congress, 2d session, adopted August 23, 1958; and
extended annually from 1980 through early 1996, most recently by
Executive Order 12955 (60 F.R. 13365; March 10, 1995; 42 U.S.C. 2155
note).
The requirement for extension was obviated when a new Agreement for
Cooperation in the Peaceful Uses of Nuclear Energy Between the United
States of America and the European Atomic Energy Community (EURATOM)
was successfully negotiated between the two parties in 1995. The new
agreement was ordered executed by Presidential Determination No. 96-4
of November 1, 1995 (60 F.R. 56931; November 13, 1995), signed in
Brussels, November 7, 1995 and March 29, 1996, and entered into force
on April 12, 1996.
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(c) \6\ The Commission shall establish and publish criteria
for computing the maximum fuel element charge and minimum fuel
element life to be guaranteed by the manufacturer as a basis
for inviting and evaluating proposals.
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\6\ Sec. 18 of Public Law 87-206 (75 Stat. 479) amended and
restated sec. 4(c). Prior to amendment it read: ``The Commission shall
establish and publish minimum levels of fuel element cost and life to
be guaranteed by the manufacturer as a basis for inviting and
evaluating proposals.''.
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(d) The guarantee by the manufacturer shall be as favorable
as any other guarantee offered by the manufacturer for any
comparable fuel element within a reasonable time period; and
(e) The Commission shall obtain a royalty-free,
nonexclusive, irrevocable license for governmental purposes to
any patents on inventions or discoveries made or conceived by
the manufacturer in the course of development or fabrication of
fuel elements during the period covered by the Commission's
guarantee.
Sec. 5.\7\ Pursuant to the provisions of section 54 of the
Atomic Energy Act of 1954, as amended, there is hereby
authorized for sale or lease to the Community--
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\7\ 42 U.S.C. 2294. Sec. 13 of Public Law 90-190 (81 Stat. 575)
amended and restated sec. 5, which formerly read as follows, as amended
previously by sec. 19 of Public Law 87-206 (75 Stat. 479), and sec. 5
of Public Law 88-394 (78 Stat. 376):
``Sec. 5. Pursuant to the provisions of section 54 of the Atomic
Energy Act of 1954, as amended, there is hereby authorized for sale or
lease to the Community:
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``Seventy thousand kilograms of contained uranium 235
``Five hundred kilograms of plutonium
``Thirty kilograms of uranium 233
``in accordance with the provisions of an agreement or agreements for
cooperation between the Government of the United States and the Community
entered into pursuant to the provisions of section 123 of the Atomic Energy
Act of 1954 as amended: Provided, That the Government of the United States
obtains the equivalent of a first lien of any such material sold to the
Community for which payment is not made in full at the time of transfer.''.
an amount of contained uranium 235 which does not
exceed that necessary to support the fuel cycle of
power reactors located within the Community having a
total installed capacity of thirty-five thousand
megawatts of electric energy, together with twenty-five
thousand kilograms of contained uranium 235 for other
purposes; \8\
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\8\ Public Law 93-88 (87 Stat. 296), amended this paragraph.
Previously, it read ``two hundred fifteen thousand kilograms of
contained uranium 235;''.
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one thousand five hundred kilograms of plutonium; and
thirty kilograms of uranium 233;
in accordance with the provisions of an agreement or agreements
for cooperation between the Government of the United States and
the Community entered into pursuant to the provisions of
section 123 of the Atomic Energy Act of 1954, as amended:
Provided, That the Government of the United States obtains the
equivalent of a first lien of any such material sold to the
Community for which payment is not made in full at the time of
transfer. The Commission may enter into contracts to provide,
after December 31, 1968, for the producing or enriching of all,
or part of, the above-mentioned contained uranium 235 pursuant
to the provisions of subsection 161 v. (B) of said Act, as
amended in lieu of sale or lease thereof.
Sec. 6.\9\ (a) The Atomic Energy Commission is authorized
to purchase or otherwise acquire from the Community special
nuclear material or any interest therein from reactors
constructed under the joint program in accordance with the
terms of an agreement for cooperation entered into pursuant to
the provisions of section 123 of the Atomic Energy Act of 1954,
as amended: Provided, That neither plutonium nor uranium 233
nor any interest therein shall be acquired under this section
in excess of the total quantities authorized by law. The
Commission is hereby authorized to acquire from the Community
pursuant to this section up to four thousand one hundred
kilograms of plutonium for use only for peaceful purposes.
---------------------------------------------------------------------------
\9\ 42 U.S.C. 2295.
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(b) Any contract made under the provisions of this section
to acquire plutonium or any interest therein may be at such
prices and for such period of time as the Commission may deem
necessary: Provided, That with respect to plutonium produced in
any reactor constructed under the joint program, no such
contract shall be for a period greater than ten years of
operation of such reactors or December 31, 1973 (or December
31, 1975, for not more than two reactors selected under section
2(c)), whichever is earlier: And provided further, That no such
contract shall provide for compensation or the payment of a
purchase price in excess of the Commission's established price
in effect at the time of delivery to the Commission for such
material as fuel in a nuclear reactor.
(c) Any contract made under the provisions of this section
to acquire uranium enriched in the isotope uranium 235 may be
at such price and for such period of time as the Commission may
deem necessary: Provided, That no such contract shall be for a
period of time extending beyond the terminal date of the
agreement for cooperation with the Community or provide for the
acquisition of uranium enriched in the isotope U-235 in excess
of the quantities of such material that have been distributed
to the Community by the Commission less the quantity consumed
in the nuclear reactors involved in the joint program: And
provided further, That no such contract shall provide for
compensation or the payment of a purchase price in excess of
the Atomic Energy Commission's established charges for such
material in effect at the time delivery is made to the
Commission.
(d) Any contract made under this section for the purchase
of special nuclear material or any interest therein may be made
without regard to the provisions of section 3679 of the Revised
Statutes, as amended.
(e) Any contract made under this section may be made
without regard to section 3709 of the Revised Statutes, as
amended, upon certification by the Commission that such action
is necessary in the interest of the common defense and
security, or upon a showing by the Commission that advertising
is not reasonably practicable.
Sec. 7.\10\ The Government of the United States of America
shall not be liable for any damages or third party liability
arising out of or resulting from the joint program: Provided
however, That nothing in this section shall deprive any person
of any rights under section 170 of the Atomic Energy Act of
1954, as amended. And provided further, That nothing in this
section shall apply to arrangements made by the Commission
under a research and development program authorized in section
3.\11\ The Government of the United States shall take such
steps as may be necessary, including appropriate disclaimer or
indemnity arrangements, in order to carry out the provisions of
this section.\12\
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\10\ 42 U.S.C. 2296.
\11\ Public Law 87-206 (75 Stat. 475) added this proviso.
\12\ Sec. 903(b) of the Energy Policy Act of 1992 (Public Law 102-
486; 106 Stat. 2944) provided the following:
``(b) Report to Congress.--
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``(1) In general.--Not later than 90 days after the date of the enactment
of this Act, the Chairman of the Nuclear Regulatory Commission, after
consulting with other relevant agencies, shall submit to the Congress a
report detailing the current disposition of previous United States exports
of highly enriched uranium, including--
``(A) their location;
``(B) whether they are irradiated;
``(C) whether they have been used for the purpose stated in their export
license; and
``(D) whether they have been used for an alternative purpose and, if so,
whether such alternative purpose has been explicitly approved by the
Commission.
``(2) Exports to euratom.--To the maximum extent possible, the report
required by paragraph (1) shall include--
``(A) exports of highly enriched uranium to EURATOM; and
``(B) subsequent retransfers of such material within EURATOM, without
regard to the extent of United States control over such retransfers.''.
(8) Agreement for Nuclear Cooperation Between the United States and
China \1\
Public Law 99-183 [S.J. Res. 238], 99 Stat. 1174, approved December 16,
1985
JOINT RESOLUTION Relating to the approval and implementation of the
proposed agreement for nuclear cooperation between the United States
and the People's Republic of China.
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a)(1) the
Congress does favor the Agreement for Cooperation Between the
Government of the United States of America and the Government
of the People's Republic of China Concerning Peaceful Uses of
Nuclear Energy, done on July 23, 1985 (hereafter in this joint
resolution referred to as the ``Agreement'').
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\1\ Sec. 3137 of Public Law 104-201 (110 Stat. 2831) provided the
following:
---------------------------------------------------------------------------
``sec. 3137. prohibition on funding nuclear weapons activities with
people's republic of china.
---------------------------------------------------------------------------
``(a) Funding Prohibition.--No funds authorized to be appropriated
or otherwise available to the Department of Energy for fiscal year 1997
may be obligated or expended for any activity associated with the
conduct of cooperative programs relating to nuclear weapons or nuclear
weapons technology, including stockpile stewardship, safety, and use
control, with the People's Republic of China.
``(b) Report.--(1) The Secretary of Energy shall prepare, in
consultation with the Secretary of Defense, a report containing a
description of all discussions and activities between the United States
and the People's Republic of China regarding nuclear weapons matters
that have occurred before the date of the enactment of this Act and
that are planned to occur after such date. For each such discussion or
activity, the report shall include--
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``(A) the authority under which the discussion or activity took or will
take place;
``(B) the subject of the discussion or activity;
``(C) participants or likely participants;
``(D) the source and amount of funds used or to be used to pay for the
discussion or activity; and
``(E) a description of the actions taken or to be taken to ensure that no
classified information or unclassified controlled information was or will
be revealed, and a determination of whether classified information or
unclassified controlled information was revealed in previous discussions.
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``(2) The report shall be submitted to the Committee on Armed
Services of the Senate and the Committee on National Security of the
House of Representatives not later than January 15, 1997.''.
See also sec. 1305--Report on Military Capabilities of People's
Republic of China, sec. 1306--Presidential Report Regarding Weapons
Proliferation and Policies of the People's Republic of China, and sec.
1307--United States-People's Republic of China Joint Defense Conversion
Commission, in Public Law 104-201, beginning at page 625.
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(2) Notwithstanding section 123 of the Atomic Energy Act of
1954, the Agreement becomes effective in accordance with the
provisions of this joint resolution and other applicable
provisions of law.
(b) Notwithstanding any other provision of law or any
international agreement, no license may be issued for export to
the People's Republic of China of any nuclear material,
facilities, or components subject to the Agreement, and no
approval for the transfer or retransfer to the People's
Republic if China of any nuclear material, facilities, or
components subject to the Agreement shall be given--
(1) until the expiration of a period of thirty days
of continuous session of Congress after the President
has certified to the Congress that-- \2\
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\2\ On January 12, 1998, the President made this certification
(Presidential Determination No. 98-10; 63 F.R. 3447; January 23, 1998).
That determination also included the certification required by sec.
902(a)(6)(B)(i) of Public Law 101-246.
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(A) the reciprocal arrangements made pursuant
to Article 8 of the Agreement have been
designed to be effective in ensuring that any
nuclear material, facilities, or components
provided under the Agreement shall be utilized
solely for intended peaceful purposes as set
forth in the Agreement;
(B) the Government of the People's Republic
of China has provided additional information
concerning its nuclear nonproliferation
policies and that, based on this and all other
information available to the United States
Government, the People's Republic of China is
not in violation of paragraph (2) of section
129 of the Atomic Energy Act of 1954; and
(C) the obligation to consider favorably a
request to carry out activities described in
Article 5(2) of the Agreement shall not
prejudice the decision of the United States to
approve or disapprove such a request; and
(2) until the President has submitted to the Speaker
of the House of Representatives and the chairman of the
Committee on Foreign Relations of the Senate a report
detailing the history and current developments in the
nonproliferation policies and practices of the People's
Republic of China.
The report described in paragraph (2) shall be submitted in
unclassified form with a classified addendum.
(c) Each proposed export pursuant to the Agreement shall be
subject to United States laws and regulations in effect at the
time of each such report.
(d) Nothing in the Agreement or this joint resolution may
be construed as providing a precedent or other basis for the
negotiation or renegotiation of any other agreement for nuclear
cooperation.
(e) For purposes of subsection (b)--
(1) the continuity of a session of Congress is broken
only by adjournment of the Congress sine die at the end
of a Congress; and
(2) the days on which either House is not in session
because of an adjournment of more than three days to a
day certain are excluded in the computation of the
period indicated.
(9) International Atomic Energy Agency Participation Act of 1957, as
amended
Partial text of Public Law 85-177 [H.R. 8992], 71 Stat. 453, approved
August 28, 1957; as amended by Public Law 85-795, 72 Stat. 959,
approved August 28, 1958; Public Law 89-348, 79 Stat. 1310, approved
November 8, 1965; Public Law 96-465 [H.R. 6790], 94 Stat. 2071 at 2161,
approved October 17, 1980; Public Law 103-437 [U.S.C. Technical
Amendments; H.R. 4777], 108 Stat. 4581, approved November 2, 1994; and
Public Law 106-113 [H.R. 3194], 113 Stat. 1501, approved November 29,
1999
AN ACT To provide for the appointment of representatives of the United
States in the organs of the International Atomic Energy Agency, and to
make other provisions with respect to the participation of the United
States in that Agency, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act may be cited as the ``International Atomic Energy Agency
Participation Act of 1957''.
Sec. 2.\1\ (a) The President, by and with the advice and
consent of the Senate, shall appoint a representative and a
deputy representative of the United States to the International
Atomic Energy Agency (hereinafter referred to as the
``Agency''), who shall hold office at the pleasure of the
President. Such representative and deputy representative shall
represent the United States on the Board of Governors of the
Agency, may represent the United States at the General
Conference, and may serve ex officio as United States
representative on any organ of that Agency, and shall perform
such other functions in connection with the participation of
the United States in the Agency as the President may from time
to time direct. The Representatives of the United States to the
Vienna office of the United Nations shall also serve as
representative of the United States to the Agency.\2\
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\1\ 22 U.S.C. 2021.
\2\ Sec. 708(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 this sentence.
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(b) The President, by and with the advice and consent of
the Senate, may appoint or designate from time to time to
attend a specified session or specified sessions of the General
Conference of the Agency a representative of the United States
and such number of alternates as he may determine consistent
with the rules of procedure of the General Conference.
(c) The President may also appoint or designate from time
to time such other persons as he may deem necessary to
represent the United States in the organs of the Agency. The
President may designate any officer of the United States
Government, whose appointment is subject to confirmation by the
Senate, to act, without additional compensation, for temporary
periods as the representative of the United States on the Board
of Governors or to the General Conference of the Agency in the
absence or disability of the representative and deputy
representative appointed under section 2(a) or in lieu of such
representatives in connection with a specified subject matter.
(d) All persons appointed or designated in pursuance of
authority contained in this section shall receive compensation
at rates determined by the President upon the basis of duties
to be performed but not in excess of rates authorized by
sections 401, 402, and 403 of the Foreign Service Act of 1980
by chiefs of mission, members of the Senior Foreign Service,
and Foreign Service officers occupying positions of equivalent
importance, except that no Member of the Senate or House of
Representatives or officer of the United States who is
designated under subsection (b) or subsection (c) of this
section as a delegate or representative of the United States or
as an alternate to attend any specified session or specified
sessions of the General Conference shall be entitled to receive
such compensation.\3\ Any person who receives compensation
pursuant to the provisions of this subsection may be granted
allowances and benefits not to exceed those received under the
Foreign Service Act of 1980 by chiefs of mission, members of
the Senior Foreign Service and Foreign Service officers
occupying positions of equivalent importance.\4\
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\3\ Sec. 2206(a)(7) of Public Law 94-465 (94 Stat. 2161) added the
references in this subsection to sections of the Foreign Service Act of
1980 and to the Senior Foreign Service, effective February 15, 1981.
These replaced a reference to secs. 411 and 412 of the Foreign Service
Act of 1946.
\4\ Sec. 2206(a)(7) of Public Law 96-465 (94 Stat. 2161) added the
references to the Foreign Service Act of 1980 and to the Senior Foreign
Service, effective February 15, 1981.
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Sec. 3.\5\ The participation of the United States in the
International Atomic Energy Agency shall be consistent with and
in furtherance of the purposes of the Agency set forth in its
statute and the policy concerning the development, use, and
control of atomic energy set forth in the Atomic Energy Act of
1954, as amended. [The President shall, from time to time as
occasion may require, but not less than once each year, make
reports to the Congress on the activities of the International
Atomic Energy Agency and on the participation of the United
States therein.] \6\ In addition to any other requirements of
law, the Department of State and the Atomic Energy Commission
shall keep the Committees on Energy and Commerce and on Foreign
Affairs of the House of Representatives and the Committees on
Energy and Natural Resources and on Foreign Relations of the
Senate,\7\ as appropriate, currently informed with respect to
the activities of the Agency and the participation of the
United States therein.
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\5\ 22 U.S.C. 2022.
\6\ Public Law 89-348 (79 Stat. 1310), sec. 1(20), amended Public
Law 85-177 by repealing the requirement of a report to the Congress by
the President not less than once each year on the activities of the
International Atomic Energy Agency and on the participation of the
United States therein. Sec. 1(20) of that Act did not, however, repeal
the language of sec. 3 creating the report requirement.
\7\ Sec. 9(b) of Public Law 103-437 (108 Stat. 4588) struck out
``Joint Committee on Atomic Energy, the House Committee on Foreign
Affairs, and the Senate Committee on Foreign Relations,'', and inserted
in lieu thereof ``Committees on Energy and Commerce and on Foreign
Affairs of the House of Representatives and the Committees on Energy
and Natural Resources and on Foreign Relations of the Senate,''. Sec.
1(a)(5) of Public Law 104-14 (109 Stat. 186) subsequently 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. Sec. 1(a)(4)
of Public Law 104-14 (109 Stat. 186) provided that references to the
Committee on Energy and Commerce of the House of Representatives shall
be treated as referring to the Committee on Commerce of the House of
Representatives. Sec. 1(c)(1) of that Act (110 Stat. 187) further
provided that any reference in any provision of law enacted before
January 4, 1995 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.
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Sec. 4.\8\ The representatives provided for in section 2
hereof, when representing the United States in the organs of
the Agency, shall, at all times, act in accordance with the
instructions of the President, and such representatives shall,
in accordance with such instructions, cast any and all votes
under the statute of the International Atomic Energy Agency.
---------------------------------------------------------------------------
\8\ 22 U.S.C. 2023.
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Sec. 5.\9\ There is hereby authorized to be appropriated
annually to the Department of State, out of any money in the
Treasury not otherwise appropriated, such sums as may be
necessary for the payment by the United States of its share of
the expenses of the International Atomic Energy Agency as
apportioned by the Agency in accordance with paragraph (D) of
article XIV of the statute of the Agency, and for all necessary
salaries and expenses of the representatives provided for in
section 2 hereof and of their appropriate staffs, including
personal services without regard to the civil service laws and
the Classification Act of 1949, as amended; travel expenses
without regard to the Standardized Government Travel
Regulations, as amended, the Travel Expense Act of 1949, as
amended, and section 10 of the Act of March 3, 1933, as
amended; salaries as authorized by the Foreign Service Act of
1980,\10\ or as authorized by the Atomic Energy Act of 1954, as
amended, and expenses and allowances of personnel and
dependents as authorized by the Foreign Service Act of 1980;
\10\ services as authorized by sec. 15 of the Act of Aug. 2,
1946 (5 U.S.C. 55a); \11\ translating and other services, by
contract; hire of passenger motor vehicles and other local
transportation; printing and binding without regard to section
II of the Act of March 1, 1919 (44 U.S.C. 111); official
functions and courtesies; such sums as may be necessary to
defray the expenses of United States participation in the
Preparatory Commission for the Agency, established pursuant to
annex I of the statute of the Agency; and such other expenses
as may be authorized by the Secretary of State.
---------------------------------------------------------------------------
\9\ 22 U.S.C. 2024.
\10\ Sec. 2206(a)(7)(i) and (ii) of Public Law 96-465 (94 Stat.
2162) struck out ``Foreign Service Act of 1946, as amended'' and
inserted in lieu thereof ``Foreign Service Act of 1980'' in the two
places where reference to the 1946 Act appeared in sec. 5.
\11\ Public Law 89-554 (80 Stat. 416) codified sec. 15 of the Act
of August 2, 1946, as 5 U.S.C. 3109.
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Sec. 6.\12\ (a) \13\ Notwithstanding any other provision of
law, Executive order or regulation, a Federal employee who,
with the approval of the Federal agency, or the head of the
department by which he is employed, leaves his position to
enter the employ of the Agency shall not be considered for the
purposes of the Civil Service Retirement Act, as amended, and
the Federal Employees' Group Life Insurance Act of 1954, as
amended, as separated from his Federal position during such
employment with the Agency but not to extend beyond the first
three consecutive years of his entering the employ of the
Agency: Provided, (1) That he shall pay to the Civil Service
Commission \14\ within ninety days from the date he is
separated without prejudice from the Agency all necessary
deductions and agency contributions for coverage under the
Civil Service Retirement Act for the period of his employment
by the Agency, and (2) That all deductions and agency
contributions necessary for continued coverage under the
Federal Employees' Group Life Insurance Act of 1954, as
amended, shall be made during the term of his employment with
the International Atomic Energy Agency. If such employee,
within three years from the date of his employment with the
Agency, and within ninety days from the date he is separated
without prejudice from the Agency, applies to be restored to
his Federal position, he shall within thirty days of such
application be restored to such position or to a position of
like seniority, status and pay.
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\12\ 22 U.S.C. 2025.
\13\ Sec. 7 of Public Law 85-795 (72 Stat. 959) repealed sec. 6(a),
``except that it shall be considered to remain in effect with respect
to any employee subject thereto who is serving as an employee of the
International Atomic Energy Agency on the date of enactment of this Act
and who does not make the election referred to in sec. 6 and for the
purposes of any rights and benefits vested thereunder prior to such
date.''.
\14\ Sec. 102 of Reorganization Plan No. 2 of 1978 (43 F.R. 36067;
August 15, 1978) transferred all functions vested by statute in the
Civil Service Commission to the Director of the Office of Personnel
Management.
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(b) Notwithstanding any other provision of law, Executive
order or regulation, any Presidential appointee or elected
officer who leaves his position to enter, or who within ninety
days after the termination of his position enters, the employ
of the Agency, shall be entitled to the coverage and benefits
of the Civil Service Retirement Act, as amended, and the
Federal Employees' Group Life Insurance Act of 1954, as
amended, but not beyond the earlier of either the termination
of his employment with the Agency or the expiration of three
years from the date he entered employment with the Agency:
Provided, (1) That he shall pay to the Civil Service Commission
\14\ within ninety days from the date he is separated without
prejudice from the Agency all necessary deductions and agency
contributions for coverage under the Civil Service Retirement
Act for the period of his employment by the agency and (2) That
all deductions and agency contributions necessary for continued
coverage under the Federal Employees' Group Life Insurance Act
of 1954, as amended, shall be made during the term of his
employment with the Agency.
(c) The President is authorized to prescribe such
regulations as may be necessary to carry out the provisions of
this section and to protect the retirement, insurance and such
other civil service rights and privileges as the President may
find appropriate.
* * * * * * *
Sec. 8.\15\ In the event of an amendment to the Statute of
the Agency being adopted in accordance with article XVIII-C of
the Statute to which the Senate by formal vote shall refuse its
advice and consent, upon notification by the Senate to the
President of such refusal to advise and consent, all further
authority under section \16\ 2, 3, 4, and 5 of this Act, as
amended, shall terminate: Provided, however, That the Secretary
of State, under such regulations as the President shall
promulgate, shall have the necessary authority to complete the
prompt and orderly settlement of obligations and commitments to
the Agency already incurred and pay salaries, allowances,
travel expenses, and other expenses required for a prompt and
orderly termination of United States participation in the
Agency: And provided further, That the representative and the
deputy representative of the United States to the Agency, and
such other officers or employees representing the United States
in the Agency, under such regulations as the President shall
promulgate, shall retain their authority under this Act for
such time as may be necessary to complete the settlement of
matters arising out of the United States participation in the
Agency.
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\15\ 22 U.S.C. 2026.
\16\ Should read ``sections''.
y. Executive Orders Concerning International Atomic Energy Cooperation
(1) Authorization for the Communication of Restricted Data by the
Department of State
Executive Order 11057, October 18, 1962, 27 F.R. 10289, 42 U.S.C. 2162
note
By virtue of the authority vested in me by the Atomic
Energy Act of 1954, as amended (hereinafter referred to as the
Act; 42 U.S.C. 2011 et seq.), and as President of the United
States, it is ordered as follows:
The Department of State is hereby authorized to
communicate, in accordance with the terms and conditions of any
agreement for cooperation arranged pursuant to subsection 144b
of the Act (42 U.S.C. 2164(b)), such Restricted Data and data
removed from the Restricted Data category under subsection 142d
of the Act (42 U.S.C. 2162(d)) as is determined
(i) by the President, pursuant to the provisions of the
Act, or
(ii) by the Atomic Energy Commission \1\ and the Department
of Defense, jointly pursuant to the provisions of Executive
Order No. 10841, as amended,
to be transmissible under the agreement for cooperation
involved. Such communications shall be effected through
mechanisms established by the Department of State in accordance
with the terms and conditions of the agreement for cooperation
involved: Provided, That no such communication shall be made by
the Department of State until the proposed communication has
been authorized either in accordance with procedures, adopted
by the Atomic Energy Commission \1\ and the Department of
Defense and applicable to conduct of programs for cooperation
by those agencies, or in accordance with procedures approved by
the Atomic Energy Commission \1\ and the Department of Defense
and applicable to conduct of programs for cooperation by the
Department of State.
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\1\ Sec. 4(a)(1) of Executive Order 12038 (43 F.R. 4957; February
7, 1978) transferred the functions of the Atomic Energy Commission
under this Executive Order either to the Secretary of Energy or to the
Nuclear Regulatory Commission consistent with the provisions related to
such function transfers in the Energy Reorganization Act of 1974
(Public Law 93-438; 88 Stat. 1233).
(2) Authorization for the Communication of Restricted Data by the
Central Intelligence Agency
Executive Order 10899, December 9, 1960, 25 F.R. 12729, 42 U.S.C. 2162
note
By virtue of the authority vested in me by the Atomic
Energy Act of 1954, as amended (hereinafter referred to as the
Act; 42 U.S.C. 2011 et seq.), and as President of the United
States, it is ordered as follows:
The Central Intelligence Agency is hereby authorized to
communicate for intelligence purposes, in accordance with the
terms and conditions of any agreement for cooperation arranged
pursuant to subsections 144a, b, or c of the Act (42 U.S.C.
2162 (a), (b), or (c)), such restricted data and data removed
from the restricted data category under subsection 142d of the
Act (42 U.S.C. 2162(d)) as is determined
(i) by the President, pursuant to the provisions of
the Act, or
(ii) by the Atomic Energy Commission \1\ and the
Department of Defense, jointly pursuant to the
provisions of Executive Order No. 10841,
---------------------------------------------------------------------------
\1\ Sec. 4(a)(1) of Executive Order 12038 (43 F.R. 4957; February
7, 1978) transferred the functions of the Atomic Energy Commission
under this Executive Order either to the Secretary of Energy or to the
Nuclear Regulatory Commission consistent with the provisions related to
such function transfers in the Energy Reorganization Act of 1974
(Public Law 93-438; 88 Stat. 1233).
---------------------------------------------------------------------------
to be transmissible under the agreement for cooperation
involved. Such communications shall be effected through
mechanisms established by the Central Intelligence Agency in
accordance with the terms and conditions of the agreement for
cooperation involved: Provided, That no such communication
shall be made by the Central Intelligence Agency until the
proposed communication has been authorized either in accordance
with procedures adopted by the Atomic Energy Commission \1\ and
the Department of Defense and applicable to conduct of programs
for cooperation by those agencies, or in accordance with
procedures approved by the Atomic Energy Commission \1\ and the
Department of Defense and applicable to conduct of programs for
cooperation by the Central Intelligence Agency.
(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, September 30, 1959, 24 F.R. 7941, 42 U.S.C. 2153
note; as amended by Executive Order 10956, August 12, 1961, 26 F.R.
7315, 3 CFR 1959-63 Comp., page 482; and Executive Order 12608,
September 9, 1987, 52 F.R. 34617
By virtue of the authority vested in me by the Atomic
Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.), herein
referred to as the Act, and section 301 of title 3 of the
United States Code, and as President of the United States, it
is ordered as follows:
Section 1. Whenever the President, pursuant to section 123
of the Act, has approved and authorized the execution of a
proposed agreement providing for cooperation pursuant to
section 91c, 144a, 144b, or 144c of the Act (42 U.S.C. 2121(c),
2164(a), 2164(b), 2164(c)), such approval and authorization by
the President shall constitute his authorization to cooperate
to the extent provided for in the agreement and in the manner
provided for in section 91c, 144a, 144b, or 144c, as pertinent.
In respect of sections 91c, 144b, and 144c, authorizations by
the President to cooperate shall be subject to the requirements
of section 123d of the Act and shall also be subjected to
appropriate determinations made pursuant to section 2 of this
order.
Sec. 2. (a) The Secretary of Defense and the Secretary of
Energy \1\ are hereby designated and empowered to exercise
jointly, after consultation with executive agencies as may be
appropriate, the following described authority without the
approval, ratification, or other action of the President:
---------------------------------------------------------------------------
\1\ Sec. 9 of Executive Order 12608 (52 F.R. 34617; September 14,
1987) struck out ``Atomic Energy Commission'' and inserted in lieu
thereof ``Secretary of Energy''.
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(1) The authority vested in the President by section
91c of the Act to determine that the proposed
cooperation and each proposed transfer arrangement
referred to in that section will promote and will not
constitute an unreasonable risk to the common defense
and security.
(2) The authority vested in the President by section
144b of the Act to determine that the proposed
cooperation and the proposed communication of
Restricted Data referred to in that section will
promote and will not constitute an unreasonable risk to
the common defense and security: Provided, That each
determination made under this paragraph shall be
referred to the President and, unless disapproved by
him, shall become effective fifteen days after such
referral or at such later time as may be specified in
the determination.\2\
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\2\ Executive Order 10956 (26 F.R. 7315; August 12, 1961) added
this provision.
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(3) The authority vested in the President by section
144c of the Act to determine that the proposed
cooperation and the communication of the proposed
Restricted Data referred to in that section will
promote and will not constitute an unreasonable risk to
the common defense and security.
(b) Whenever the Secretary of Defense and the Secretary of
Energy \1\ are unable to agree upon a joint determination under
the provisions of subsection (a) of this section, the
recommendations of each of them, together with the
recommendations of other agencies concerned, shall be referred
to the President, and the determination shall be made by the
President.
Sec. 3. This order shall not be construed as delegating the
function vested in the President by section 91c of the Act of
approving programs proposed under that section.
Sec. 4. (a) The functions of negotiating and entering into
international agreements under the Act shall be performed by or
under the authority of the Secretary of State.
(b) International cooperation under the Act shall be
subject to the responsibilities of the Secretary of State with
respect to the foreign policy of the United States pertinent
thereto.
5. Arms Control and Nonproliferation Provisions in National Defense
Authorization Acts
a. Duncan Hunter National Defense Authorization Act for Fiscal Year
2009
Partial text of Public Law 110-417 [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) * * *
* * * * * * *
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
* * * * * * *
TITLE X--GENERAL PROVISIONS
* * * * * * *
Subtitle E--Studies and Reports
* * * * * * *
SEC. 1044. REPORT ON NUCLEAR WEAPONS.
(a) Findings.--Congress finds that--
(1) numerous nuclear weapons are held in the arsenals
of various countries around the world;
(2) some of these weapons make attractive targets for
theft and for use by terrorist organizations;
(3) the United States should identify, track, and
monitor these weapons as a matter of national security;
(4) the United States should assess the security
risks associated with existing stockpiles of nuclear
weapons and should assess the risks of nuclear weapons
being developed, acquired, or utilized by other
countries, particularly rogue states, and by terrorists
and other non-state actors; and
(5) the United States should work cooperatively with
other countries to improve the security of nuclear
weapons and to promote multilateral reductions in the
numbers of nuclear weapons.
(b) Review.--The President, in consultation with the
Secretary of Defense, the Secretary of State, the Secretary of
Energy, and the Director of National Intelligence, shall
conduct a review of nuclear weapons world-wide that includes--
(1) an inventory of the nuclear arsenals of all
countries that possess, or are believed to possess,
nuclear weapons, which indicates, as accurately as
possible, the nuclear weapons that are known, or are
believed, to exist according to nationality, type,
yield, and form of delivery, and an assessment of the
methods that are currently employed to identify, track,
and monitor nuclear weapons and their component
materials;
(2) an assessment of the risks associated with the
deployment, transfer, and storage of nuclear weapons
deemed to be attractive to terrorists, rogue states,
and other state or non-state actors on account of their
size or portability, or on account of their
accessibility due to the manner of their deployment or
storage; and
(3) recommendations for--
(A) mechanisms and procedures to improve
security and safeguards for the nuclear weapons
deemed to be attractive to terrorists, rogue
states, and other state or non-state actors;
(B) mechanisms and procedures to improve the
ability of the United States to identify,
track, and monitor the nuclear weapons deemed
to be attractive to terrorists, rogue states,
and other state or non-state actors;
(C) mechanisms and procedures for
implementing transparent multilateral
reductions in nuclear weapons arsenals; and
(D) methods for consolidating, dismantling,
and disposing of the nuclear weapons in each
country that possesses, or is believed to
possess, nuclear weapons, including methods of
monitoring and verifying consolidation,
dismantlement, and disposal.
(c) Report.--
(1) Report required.--Not later than one year after
the date of the enactment of this Act, the President
shall submit to Congress a report on the findings and
recommendations of the review required under subsection
(b).
(2) Classification of report.---The report required
under paragraph (1) shall be submitted in unclassified
form, but it may be accompanied by a classified annex.
* * * * * * *
Subtitle F--Other Matters
* * * * * * *
SEC. 1062.\1\ NOTIFICATION OF COMMITTEES ON ARMED SERVICES WITH RESPECT
TO CERTAIN NONPROLIFERATION AND PROLIFERATION
ACTIVITIES.
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\1\ 50 U.S.C. 2370.
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(a) Notification With Respect to Nonproliferation
Activities.--The Secretary of Defense, the Secretary of Energy,
the Secretary of Commerce, the Secretary of State, and the
Nuclear Regulatory Commission shall keep the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives informed with respect to--
(1) any activities undertaken by any such Secretary
or the Commission to carry out the purposes and
policies of the Secretaries and the Commission with
respect to nonproliferation programs; and
(2) any other activities undertaken by any such
Secretary or the Commission to prevent the
proliferation of nuclear, chemical, or biological
weapons or the means of delivery of such weapons.
(b) Notification With Respect to Proliferation Activities
in Foreign Nations.--
(1) In general.--The Director of National
Intelligence shall keep the Committee on Armed Services
of the Senate and the Committee on Armed Services of
the House of Representatives fully and currently
informed with respect to any activities of foreign
nations that are significant with respect to the
proliferation of nuclear, chemical, or biological
weapons or the means of delivery of such weapons.
(2) Fully and currently informed defined.--For
purposes of paragraph (1), the term ``fully and
currently informed'' means the transmittal of credible
information with respect to an activity described in
such paragraph not later than 60 days after becoming
aware of the activity.
* * * * * * *
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
* * * * * * *
Subtitle C--Other Matters
* * * * * * *
SEC. 1233. REVIEW OF SECURITY RISKS OF PARTICIPATION BY DEFENSE
CONTRACTORS IN CERTAIN SPACE ACTIVITIES OF THE
PEOPLE'S REPUBLIC OF CHINA.
(a) Review Required.--The Secretary of Defense shall
conduct a review to determine whether there are any security
risks associated with participation by covered contractors in
certain space activities of the People's Republic of China.
(b) Matters to Be Included.--The review required under
subsection (a) shall include, at a minimum, a review of the
following:
(1) Whether there have been any incidents with
respect to which a determination has been made that an
improper disclosure of covered information by a covered
contractor has occurred during the five-year period
ending on the date of the enactment of this Act.
(2) The increase, if any, in the number of covered
contractors expected to occur during the 5-year period
beginning on the date of the enactment of this Act.
(3) The extent to which the policies and procedures
of the Department of Defense are sufficient to protect
against the improper disclosure of covered information
by a covered contractor during the 5-year period
beginning on the date of the enactment of this Act.
(4) The Secretary's conclusions regarding awards of
contracts by the Department of Defense to covered
contractors after the date of the enactment of this
Act.
(5) Any other matters that the Secretary determines
to be appropriate to include in the review.
(c) Cooperation From Other Departments and Agencies.--The
Secretary of State, the Director of National Intelligence, and
the head of any other United States Government department or
agency shall cooperate in a complete and timely manner to
provide the Secretary of Defense with data and other
information necessary for the Secretary of Defense to carry out
the review required under subsection (a).
(d) Report.--
(1) In general.--Not later than March 1, 2009, the
Secretary of Defense shall submit to the congressional
defense committees a report on the review required
under subsection (a).
(2) Form.--The report required under this subsection
shall include a summary in unclassified form to the
maximum extent practicable.
(e) Definitions.--In this section:
(1) Certain space activities of the people's republic
of china.--The term ``certain space activities of the
People's Republic of China'' means--
(A) the development or manufacture of
satellites for launch from the People's
Republic of China; and
(B) the launch of satellites from the
People's Republic of China.
(2) Covered contractor.--The term ``covered
contractor'' means a contractor of the Department of
Defense, and any subcontractor (at any tier) of the
contractor, that--
(A) has access to covered information; and
(B) participates, or is part of a joint
venture that participates, or whose parent,
sister, subsidiary, or affiliate company
participates, in certain space activities in
the People's Republic of China.
(3) Covered information.--The term ``covered
information'' means classified information and
sensitive controlled unclassified information obtained
under contracts (or subcontracts of such contracts) of
the Department of Defense.
SEC. 1234.\2\ REPORT ON IRAN'S CAPABILITY TO PRODUCE NUCLEAR WEAPONS.
---------------------------------------------------------------------------
\2\ 50 U.S.C. 2367 note.
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(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, and annually thereafter, the
Director of National Intelligence shall submit to Congress a
report on Iran's capability to produce nuclear weapons. The
report required under this subsection may be submitted in
classified form.
(b) Matters to Be Included.--The report required under
subsection (a) shall include the following:
(1) The locations, types, and number of centrifuges
and other specialized equipment necessary for the
enrichment of uranium and any plans to acquire,
manufacture, and operate such equipment in the future.
(2) An estimate of the amount, if any, of highly
enriched uranium and weapons grade plutonium acquired
or produced to date, an estimate of the amount of
weapons grade plutonium that is likely to be produced
or acquired in the near- and midterms and the amount of
highly enriched uranium that is likely to be produced
or acquired in the near- and midterms, and the number
of nuclear weapons that could be produced with such
materials.
(3) A evaluation of the extent to which security and
safeguards at any nuclear site prevent, slow, verify,
or help monitor the enrichment of uranium or the
reprocessing of plutonium into weapons-grade materials.
(4) A description of any weaponization activities,
such as the research, design, development, or testing
of nuclear weapons or weapons-related components.
(5) A description of any programs to construct,
acquire, test, or improve methods to deliver nuclear
weapons, including an assessment of the likely progress
of such programs in the near- and mid-terms.
(6) A summary of assessments made by allies of the
United States of Iran's nuclear weapons program and
nuclear-capable delivery systems programs.
(c) Notification.--The President shall notify Congress, in
writing, within 15 days of determining that--
(1) Iran has resumed a nuclear weapons program;
(2) Iran has met or surpassed any major milestone in
its nuclear weapons program; or
(3) Iran has undertaken to accelerate, decelerate, or
cease the development of any significant element within
its nuclear weapons program.
* * * * * * *
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
* * * * * * *
Subtitle B--Program Authorizations, Restrictions, and Limitations
* * * * * * *
SEC. 3114.\3\ ENHANCING NUCLEAR FORENSICS CAPABILITIES.
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\3\ 50 U.S.C. 2574.
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(a) Research and Development Plan for Nuclear Forensics and
Attribution.--
(1) Research and development.--The Secretary of
Energy shall prepare and implement a research and
development plan to improve nuclear forensics
capabilities in the Department of Energy and at the
national laboratories overseen by the Department of
Energy. The plan shall focus on improving the technical
capabilities required--
(A) to enable a robust and timely nuclear
forensic response to a nuclear explosion or to
the interdiction of nuclear material or a
nuclear weapon anywhere in the world; and
(B) to develop an international database that
can attribute nuclear material or a nuclear
weapon to its source.
(2) Reports.--
(A) The Secretary of Energy shall submit to
the congressional defense committees--
(i) not later than 6 months after the
date of the enactment of this Act, a
report on the contents of the research
and development plan described in
paragraph (1), and any legislative
changes required to implement the plan;
and
(ii) not later than 18 months after
the date of the enactment of this Act,
a report on the status of implementing
the plan.
(B) The Secretary shall submit each report
required by this subsection in unclassified
form, but may include a classified annex with
such report.
(b) Additional Information in the Report on Nuclear
Forensics Capabilities.--Section 3129(b) of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 122 Stat. 585) is amended-- * * *
(c) Presidential Report.--
(1) In general.--Not later than 90 days after the
date of the enactment of this Act, the President shall
submit to the appropriate committees of Congress a
report on the involvement of senior-level executive
branch leadership in nuclear terrorism preparedness
exercises that include nuclear forensics analysis.
(2) Appropriate committees of congress.--In this
subsection, the term ``appropriate committees of
Congress'' means--
(A) the Committee on Appropriations, the
Committee on Armed Services, and the Committee
on Homeland Security of the House of
Representatives; and
(B) the Committee on Appropriations, the
Committee on Armed Services, and the Committee
on Homeland Security and Governmental Affairs
of the Senate.
SEC. 3115. UTILIZATION OF CONTRIBUTIONS TO INTERNATIONAL NUCLEAR
MATERIALS PROTECTION AND COOPERATION PROGRAM AND
RUSSIAN PLUTONIUM DISPOSITION PROGRAM.
Section 3114 of the National Defense Authorization Act
forFiscal Year 2007 (50 U.S.C. 2301 note) is amended-- * * *
SEC. 3116. REVIEW OF AND REPORTS ON GLOBAL INITIATIVES FOR
PROLIFERATION PREVENTION PROGRAM.
(a) Review of Program.--
(1) In general.--The Administrator for Nuclear
Security shall conduct a review of the Global
Initiatives for Proliferation Prevention program.
(2) Report required.--Not later than October 1, 2009,
the Administrator shall submit to the congressional
defense committees a report setting forth the results
of the review required under paragraph (1). The report
shall include eachof the following:
(A) A description of the goals of the Global
Initiatives for Proliferation Prevention
program and the criteria for partnership
projects under the program.
(B) Recommendations regarding the following:
(i) Whether to continue or bring to a
close each of the partnership projects
under the program in existence on the
date of the enactment of this Act, and,
if any such project is recommended to
be continued, a description of how that
project will meet the criteria under
subparagraph (A).
(ii) Whether to enter into new
partnership projects under the program
with Russia or other countries of the
former Soviet Union.
(iii) Whether to enter into new
partnership projects under the program
in countries other than countries of
the former Soviet Union.
(C) A plan and criteria for completing
partnership projects under the program.
(b) Report on Funding for Projects Under Program.--
(1) In general.--The Administrator shall submit to
the congressional defense committees a report on--
(A) the purposes for which amounts made
available for the Global Initiatives for
Proliferation Prevention program for fiscal
year 2009 will be obligated or expended; and
(B) the amount to be obligated or expended
for each partnership project under the program
in fiscal year 2009.
(2) Limitation on funding before submittal of
report.--None of the amounts authorized to be
appropriated for fiscal year 2009 by section 3101(a)(2)
for defense nuclear nonproliferation activities and
available for the Global Initiatives for Proliferation
Prevention program may be obligated or expended until
the date that is 30 days after the date on which the
Administrator submits to the congressional defense
committees the report required under paragraph (1).
SEC. 3117. LIMITATION ON AVAILABILITY OF FUNDS FOR GLOBAL NUCLEAR
ENERGY PARTNERSHIP.
(a) Limitation.--Of the amounts authorized to be
appropriated for fiscal year 2009 by section 3101(a)(2) for
defense nuclear nonproliferation activities, not more than
$3,000,000 may be used for projects that are specifically
designed for the Global Nuclear Energy Partnership. Any amount
so used may not be expended until 30 days after the date on
which the Administrator of the National Nuclear Security
Administration submits to Congress a report that describes in
detail the full amount of funding that the Administrator plans
to expend for any effort related to the Global Nuclear Energy
Partnership.
(b) Use of Funds.--Any amount made available pursuant to an
authorization of appropriations under section 3101(a)(2) that
is covered by the limitation under subsection (a) shall only be
available for nonproliferation risk assessments relating to the
Global Nuclear Energy Partnership and related work on export
control reviews and determinations.
b. National Defense Authorization Act for Fiscal Year 2008
Partial text of Public Law 110-181 [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''.
(b) * * *
* * * * * * *
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
* * * * * * *
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
* * * * * * *
Subtitle D--Other Authorities and Limitations
* * * * * * *
SEC. 1256. EXTENSION OF COUNTERPROLIFERATION PROGRAM REVIEW COMMITTEE.
(a) Members.--Section 1605 of the National Defense
Authorization Act for Fiscal Year 1994 (22 U.S.C. 2751 note) is
amended * * *
(b)-(c) * * *
(d) Submission of Report.--Section 1503 of the National
Defense Authorization Act for Fiscal Year 1995 (22 U.S.C. 2751
note) is amended-- * * *
* * * * * * *
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
* * * * * * *
Subtitle B--Program Authorizations, Restrictions, and Limitations
* * * * * * *
SEC. 3114. LIMITATION ON AVAILABILITY OF FUNDS FOR FISSILE MATERIALS
DISPOSITION PROGRAM.
(a) Limitation Pending Report on Use of Prior Fiscal Year
Funds.--No more than 75 percent of the fiscal year 2008 Fissile
Materials Disposition program funds may be obligated for the
Fissile Materials Disposition program until the Secretary of
Energy, in consultation with the Administrator for Nuclear
Security, submits to the congressional defense committees a
report setting forth a plan for obligating and expending funds
made available for that program in fiscal years before fiscal
year 2008 that remain available for obligation or expenditure
as of January 1, 2005, and for fiscal year 2008.
(b) Availability of Unutilized Funds Under Certification of
Partial Use.--Any funds identified in the plan required in
subsection (a) that are not planned to be obligated by the end
of fiscal year 2009 shall also be available for any defense
nuclear nonproliferation activities (other than the Fissile
Materials Disposition program) for which amounts are authorized
to be appropriated by section 3101(a)(2).
(c) Fiscal Year 2008 Fissile Materials Disposition Program
Funds Defined.--In this section, the term ``fiscal year 2008
Fissile Materials Disposition program funds'' means amounts
authorized to be appropriated by section 3101(a)(2) and
available for the Fissile Materials Disposition program.
* * * * * * *
Subtitle C--Other Matters
* * * * * * *
SEC. 3126. SENSE OF CONGRESS ON THE NUCLEAR NON-PROLIFERATION POLICY OF
THE UNITED STATES AND THE RELIABLE REPLACEMENT
WARHEAD PROGRAM.
It is the sense of Congress that--
(1) the United States should maintain its commitment
to Article VI of 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 (in
this section referred to as the ``Nuclear Non-
Proliferation Treaty'');
(2) the United States should initiate talks with
Russia to reduce the number of nonstrategic nuclear
weapons and further reduce the number of strategic
nuclear weapons in the respective nuclear weapons
stockpiles of the United States and Russia in a
transparent and verifiable fashion and in a manner
consistent with the security of the United States;
(3) the United States and other declared nuclear
weapons state parties to the Nuclear Non-Proliferation
Treaty, together with weapons states that are not
parties to the Treaty, should work to reduce the total
number of nuclear weapons in the respective stockpiles
and related delivery systems of such states;
(4) the United States, Russia, and other states
should work to negotiate, and then sign and ratify, a
treaty setting forth a date for the cessation of the
production of fissile material;
(5) the United States should sustain the science-
based stockpile stewardship program, which provides the
basis for certifying the United States nuclear
deterrent and maintaining the moratorium on underground
nuclear weapons testing;
(6) the United States should commit to dismantle as
soon as possible all retired warheads or warheads that
are planned to be retired from the United States
nuclear weapons stockpile;
(7) the United States, along with the other declared
nuclear weapons state parties to the Nuclear Non-
Proliferation Treaty, should participate in transparent
discussions regarding their nuclear weapons programs
and plans, including plans for any new weapons or
warheads, and how such programs and plans relate to
their obligations as nuclear weapons state parties
under the Treaty;
(8) the United States and the declared nuclear
weapons state parties to the Nuclear Non-Proliferation
Treaty should work to decrease reliance on, and the
importance of, nuclear weapons; and
(9) the United States should formulate any decision
on whether to manufacture or deploy a reliable
replacement warhead within the broader context of the
progress made by the United States toward achieving
each of the goals described in paragraphs (1) through
(8).
* * * * * * *
Subtitle D--Nuclear Terrorism Prevention
SEC. 3131.\1\ DEFINITIONS.
In this subtitle:
---------------------------------------------------------------------------
\1\ 22 U.S.C. 3244 note.
---------------------------------------------------------------------------
(1) The term ``Convention on the Physical Protection
of Nuclear Material'' means the Convention on the
Physical Protection of Nuclear Material, signed at New
York and Vienna March 3, 1980.
(2) The term ``formula quantities of strategic
special nuclear material'' means uranium-235 (contained
in uranium enriched to 20 percent or more in the U-235
isotope), uranium-233, or plutonium in any combination
in a total quantity of 5,000 grams or more computed by
the formula, grams = (grams contained U-235) + 2.5
(grams U-233 + grams plutonium), as set forth in the
definitions of ``formula quantity'' and ``strategic
special nuclear material'' in section 73.2 of title 10,
Code of Federal Regulations.
(3) 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).
(4) The term ``nuclear weapon'' means any device
utilizing atomic energy, exclusive of the means for
transporting or propelling the device (where such means
is a separable and divisible part of the device), the
principal purpose of which is for use as, or for the
development of, a weapon, a weapon prototype, or a
weapon test device.
SEC. 3132.\1\ SENSE OF CONGRESS ON THE PREVENTION OF NUCLEAR TERRORISM.
It is the sense of Congress that--
(1) the President should make the prevention of a
nuclear terrorist attack on the United States a high
priority;
(2) the President should accelerate programs,
requesting additional funding as appropriate, to
prevent nuclear terrorism, including combating nuclear
smuggling, securing and accounting for nuclear weapons,
and eliminating, removing, or securing and accounting
for formula quantities of strategic special nuclear
material wherever such quantities may be;
(3) the United States, together with the
international community, should take a comprehensive
approach to reducing the danger of nuclear terrorism,
including by making additional efforts to identify and
eliminate terrorist groups that aim to acquire nuclear
weapons, to ensure that nuclear weapons worldwide are
secure and accounted for and that formula quantities of
strategic special nuclear material worldwide are
eliminated, removed, or secure and accounted for to a
degree sufficient to defeat the threat that terrorists
and criminals have shown they can pose, and to increase
the ability to find and stop terrorist efforts to
manufacture nuclear explosives or to transport nuclear
explosives and materials anywhere in the world;
(4) within such a comprehensive approach, a high
priority must be placed on ensuring that all nuclear
weapons worldwide are secure and accounted for and that
all formula quantities of strategic special nuclear
material worldwide are eliminated, removed, or secure
and accounted for; and
(5) the International Atomic Energy Agency should be
funded appropriately to fulfill its role in
coordinating international efforts to protect nuclear
material and to combat nuclear smuggling.
SEC. 3133.\1\ MINIMUM SECURITY STANDARD FOR NUCLEAR WEAPONS AND FORMULA
QUANTITIES OF STRATEGIC SPECIAL NUCLEAR MATERIAL.
(a) Policy.--It is the policy of the United States to work
with the international community to take all possible steps to
ensure that all nuclear weapons around the world are secure and
accounted for and that all formula quantities of strategic
special nuclear material are eliminated, removed, or secure and
accounted for to a level sufficient to defeat the threats posed
by terrorists and criminals.
(b) International Nuclear Security Standard.--It is the
sense of Congress that, in furtherance of the policy described
in subsection (a), and consistent with the requirement for
``appropriate effective'' physical protection contained in
United Nations Security Council Resolution 1540 (2004), as well
as the Nuclear Non-Proliferation Treaty and the Convention on
the Physical Protection of Nuclear Material, the President, in
consultation with relevant Federal departments and agencies,
should seek the broadest possible international agreement on a
global standard for nuclear security that--
(1) ensures that nuclear weapons and formula
quantities of strategic special nuclear material are
secure and accounted for to a sufficient level to
defeat the threats posed by terrorists and criminals;
(2) takes into account the limitations of equipment
and human performance; and
(3) includes steps to provide confidence that the
needed measures have in fact been implemented.
(c) International Efforts.--It is the sense of Congress
that, in furtherance of the policy described in subsection (a),
the President, in consultation with relevant Federal
departments and agencies, should--
(1) work with other countries and the International
Atomic Energy Agency to assist as appropriate, and if
necessary work to convince, the governments of any and
all countries in possession of nuclear weapons or
formula quantities of strategic special nuclear
material to ensure that security is upgraded to meet
the standard described in subsection (b) as rapidly as
possible and in a manner that--
(A) accounts for the nature of the terrorist
and criminal threat in each such country; and
(B) ensures that any measures to which the
United States and any such country agree are
sustained after United States and other
international assistance ends;
(2) ensure that United States financial and technical
assistance is available, as appropriate, to countries
for which the provision of such assistance would
accelerate the implementation of, or improve the
effectiveness of, such security upgrades; and
(3) work with the governments of other countries to
ensure that effective nuclear security rules,
accompanied by effective regulation and enforcement,
are put in place to govern all nuclear weapons and
formula quantities of strategic special nuclear
material around the world.
SEC. 3134.\1\ ANNUAL REPORT.
(a) In General.--Not later than September 1 of each year
through 2012, the President, in consultation with relevant
Federal departments and agencies, shall submit to Congress a
report on the security of nuclear weapons and related equipment
and formula quantities of strategic special nuclear material
outside of the United States.
(b) Elements.--The report required under subsection (a)
shall include the following:
(1) A section on the programs for the security and
accounting of nuclear weapons and the elimination,
removal, and security and accounting of formula
quantities of strategic special nuclear material,
established under section 3132(b) of the Ronald W.
Reagan National Defense Authorization Act for Fiscal
Year 2005 (50 U.S.C. 2569(b)), which shall include the
following:
(A) A survey of the facilities and sites
worldwide that contain nuclear weapons or
related equipment, or formula quantities of
strategic special nuclear material.
(B) A list of such facilities and sites
determined to be of the highest priority for
security and accounting of nuclear weapons and
related equipment, or the elimination, removal,
or security and accounting of formula
quantities of strategic special nuclear
material, taking into account risk of theft
from such facilities and sites, and organized
by level of priority.
(C) A prioritized plan, including measurable
milestones, metrics, estimated timetables, and
estimated costs of implementation, on the
following:
(i) The security and accounting of
nuclear weapons and related equipment
and the elimination, removal, or
security and accounting of formula
quantities of strategic special nuclear
material at such facilities and sites
worldwide.
(ii) Ensuring that security upgrades
and accounting reforms implemented at
such facilities and sites worldwide,
using the financial and technical
assistance of the United States, are
effectively sustained after such
assistance ends.
(iii) The role that international
agencies and the international
community have committed to play,
together with a plan for securing
international contributions.
(D) An assessment of the progress made in
implementing the plan described in subparagraph
(C), including a description of the efforts of
foreign governments to secure and account for
nuclear weapons and related equipment and to
eliminate, remove, or secure and account for
formula quantities of strategic special nuclear
material.
(2) A section on efforts to establish and implement
the international nuclear security standard described
in section 3133(b) and related policies.
(c) Form.--The report may be submitted in classified form
but shall include a detailed unclassified summary.
c. John Warner National Defense Authorization Act for Fiscal Year 2007
Partial text of Public Law 109-364 [H.R. 5122], 120 Stat. 2083,
approved October 17, 2006; as amended by 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 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 IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
* * * * * * *
Subtitle C--Chemical Demilitarization Program
SEC. 921. SENSE OF CONGRESS ON COMPLETION OF DESTRUCTION OF UNITED
STATES CHEMICAL WEAPONS STOCKPILE.
(a) Findings.--Congress makes the following findings:
(1) The Convention on the Prohibition of the
Development, Production, Stockpiling and Use of
Chemical Weapons and on Their Destruction, done at
Paris on January 13, 1993 (commonly referred to as the
``Chemical Weapons Convention''), requires that
destruction of the entire United States chemical
weapons stockpile be completed by no later than the
extended deadline of April 29, 2012.
(2) On April 10, 2006, the Department of Defense
notified Congress that the United States would not meet
even the extended deadline under the Chemical Weapons
Convention for destruction of the United States
chemical weapons stockpile.
(3) Destroying existing chemical weapons is a
homeland security imperative and an arms control
priority and is required by United States law.
(4) The elimination and nonproliferation of chemical
weapons of mass destruction is of utmost importance to
the national security of the United States.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States is committed to making every
effort to safely dispose of its entire chemical weapons
stockpile by the Chemical Weapons Convention extended
deadline of April 29, 2012, or as soon thereafter as
possible, and will carry out all of its other
obligations under that Convention;
(2) to prevent further delays in completing the
destruction of the United States chemical weapons
stockpile, the Secretary of Defense should prepare a
comprehensive schedule for the safe destruction of such
stockpile and should annually submit that schedule (as
currently in effect) to the congressional defense
committees, either separately or as part of another
required report, until such destruction is completed;
(3) the Secretary of Defense should make every effort
to ensure adequate funding to complete the elimination
of the United States chemical weapons stockpile in the
shortest time possible, consistent with the requirement
to protect public health, safety, and the environment;
and
(4) when selecting a site for the treatment or
disposal of neutralized chemical agent at a location
remote from the location where the agent is stored, the
Secretary of Defense should propose a credible process
that seeks to gain the support of affected communities.
* * * * * * *
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
* * * * * * *
Subtitle B--Nonproliferation Matters and Countries of Concern
SEC. 1211. NORTH KOREA.
(a) Coordinator of Policy on North Korea.--
(1) Appointment required.--Not later than 60 days
after the date of the enactment of this Act, the
President shall appoint a senior presidential
coordinator of United States policy on North Korea.
(2) Designation.--The individual appointed under
paragraph (1) may be known as the ``North Korea Policy
Coordinator'' (in this subsection referred to as the
``Coordinator)''.
(3) Duties.--The Coordinator shall--
(A) conduct a full and complete interagency
review of United States policy toward North
Korea;
(B) consult with foreign governments,
including the parties to the Six Party Talks on
the denuclearization of the Korean peninsula;
and
(C) provide policy direction and leadership
for negotiations with North Korea relating to
nuclear weapons, ballistic missiles, and other
security matters.
(4) Report.--Not later than 90 days after the date of
the appointment of an individual as Coordinator under
paragraph (1), the Coordinator shall submit to the
President and Congress an unclassified report, with a
classified annex if necessary, on the actions
undertaken under paragraph (3). The report shall set
forth--
(A) the results of the review under paragraph
(3)(A); and
(B) any other matter on North Korea that the
Coordinator considers appropriate.
(5) Termination.--The position under this subsection
shall terminate no later than December 31, 2011.
(b) Semiannual Reports on Nuclear and Missile Programs of
North Korea.--
(1) Reports required.--Not later than 90 days after
the date of the enactment of this Act, and every 180
days thereafter for fiscal years 2007 and 2008, the
President shall transmit to Congress an unclassified
report, with a classified annex as appropriate, on the
nuclear program and the missile program of North Korea.
(2) Matters to be included.--Each report under
paragraph (1) shall include the following:
(A) The most current national intelligence
estimate on the nuclear program and the missile
program of North Korea and, consistent with the
protection of intelligence sources and methods,
an unclassified summary of the key judgments in
that estimate.
(B) The most current unclassified United
States Government assessment, stated as a range
if necessary, of--
(i) the number of nuclear weapons
possessed by North Korea; and
(ii) the amount of nuclear material
suitable for weapons use produced by
North Korea by plutonium reprocessing
and uranium enrichment.
(C) Any other matter relating to the nuclear
program or missile program of North Korea that
the President considers appropriate.
SEC. 1212. REPORT ON PARTICIPATION OF MULTINATIONAL PARTNERS IN THE
UNITED NATIONS COMMAND IN THE REPUBLIC OF KOREA.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall submit to the
appropriate committees of Congress a report on participation of
multinational partners in the United Nations Command in the
Republic of Korea.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1)-(3) * * *
(4) An assessment of how the contribution of
additional military forces by a member of the United
Nations Command might affect that member's approach to
facilitating a diplomatic resolution of the nuclear
challenge posed by the Democratic People's Republic of
Korea.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committees on Armed Services and Foreign
Relations of the Senate; and
(2) the Committees on Armed Services and
International Relations of the House of
Representatives.
* * * * * * *
SEC. 1214. SENSE OF CONGRESS ON UNITED STATES POLICY ON THE NUCLEAR
PROGRAMS OF IRAN.
Congress--
(1) endorses the policy of the United States to
achieve a successful diplomatic outcome, in
coordination with leading members of the international
community, with respect to the threat posed by the
efforts of the Iranian regime to acquire a capability
to produce nuclear weapons;
(2) calls on Iran to--
(A) suspend fully and verifiably its
enrichment and reprocessing activities, as
required by the International Atomic Energy
Agency (IAEA); and
(B) work with the international community to
achieve a negotiated outcome to the concerns
regarding its nuclear program;
(3) in the event Iran fails to comply with United
Nations Security Council Resolution 1696 (July 31,
2006), urges the Security Council to work for the
adoption of appropriate measures under Article 41 of
Chapter VII of the Charter of the United Nations; and
(4) urges the President and the Secretary of State to
keep Congress fully and currently informed regarding
the progress of this vital diplomatic initiative.
* * * * * * *
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
* * * * * * *
Subtitle A--National Security Programs Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2007 for the activities of the National Nuclear
Security Administration in carrying out programs necessary for
national security in the amount of $9,300,811,000, to be
allocated as follows:
(1) * * *
(2) For defense nuclear nonproliferation activities,
$1,701,426,000.
(3)-(4) * * *
(b) * * *
* * * * * * *
SEC. 3113. UTILIZATION OF CONTRIBUTIONS TO GLOBAL THREAT REDUCTION
INITIATIVE.
Section 3132 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118
Stat. 2166; 50 U.S.C. 2569) is amended-- * * *
SEC. 3114.\1\ UTILIZATION OF CONTRIBUTIONS TO INTERNATIONAL NUCLEAR
MATERIALS PROTECTION AND COOPERATION PROGRAM AND
RUSSIAN PLUTONIUM DISPOSITION PROGRAM.\2\
(a) In General.--The Secretary of Energy may, with the
concurrence of the Secretary of State, enter into one or more
agreements with any person (including a foreign government,
international organization, or multinational entity) that the
Secretary of Energy considers appropriate under which the
person contributes funds for purposes of the International
Nuclear Materials Protection and Cooperation program or Russian
Plutonium Disposition program \2\ of the National Nuclear
Security Administration.
---------------------------------------------------------------------------
\1\ 50 U.S.C. 2301 note.
\2\ Sec. 3115(1) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4757) struck out ``second line of defense program'' in the section
catchline and inserted in lieu thereof ``international nuclear
materials protection and cooperation program and russian plutonium
disposition program''. Sec. 3115(2) struck out ``Second Line of Defense
program'' in each place where it appeared in this section and inserted
in lieu thereof ``International Nuclear Materials Protection and
Cooperation program or Russian Plutonium Disposition program''.
---------------------------------------------------------------------------
(b) Retention and Use of Amounts.--Notwithstanding section
3302 of title 31, United States Code, the Secretary of Energy
may retain and use amounts contributed under an agreement under
subsection (a) for purposes of the International Nuclear
Materials Protection and Cooperation program or Russian
Plutonium Disposition program.\2\ Amounts so contributed shall
be retained in a separate fund established in the Treasury for
such purposes and shall be available for use without further
appropriation and without fiscal year limitation.
(c) Return of Amounts Not Used Within 5 Years.--If an
amount contributed under an agreement under subsection (a) is
not used under this section within 5 years after it was
contributed, the Secretary of Energy shall return that amount
to the person who contributed it.
(d) Notice to Congressional Defense Committees.--Not later
than 30 days after the receipt of an amount contributed under
subsection (a), the Secretary of Energy shall submit to the
congressional defense committees a notice specifying the
purpose and value of the contribution and identifying the
person who contributed it. The Secretary may not use the amount
until 15 days after the notice is submitted.
(e) Annual Report.--Not later than October 31 of each year,
the Secretary of Energy shall submit to the congressional
defense committees a report on the receipt and use of amounts
under this section during the preceding fiscal year. Each
report for a fiscal year shall set forth--
(1) a statement of any amounts received under this
section, including, for each such amount, the value of
the contribution and the person who contributed it;
(2) a statement of any amounts used under this
section, including, for each such amount, the purposes
for which the amount was used; and
(3) a statement of the amounts retained but not used
under this section, including, for each such amount,
the purposes (if known) for which the Secretary intends
to use the amount.
(f) Expiration.--The authority to accept, retain, and use
contributions under this section expires on December 31,
2015.\3\
---------------------------------------------------------------------------
\3\ Sec. 3115(3) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4757) struck out ``2013'' and inserted in lieu thereof ``2015''.
d. National Defense Authorization Act for Fiscal Year 2006
Partial text of Public Law 109-163 [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''.
* * * * * * *
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
* * * * * * *
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
* * * * * * *
Subtitle B--Nonproliferation Matters and Countries of Concern
SEC. 1211.\1\ PROHIBITION ON PROCUREMENTS FROM COMMUNIST CHINESE
MILITARY COMPANIES.
(a) Prohibition.--The Secretary of Defense may not procure
goods or services described in subsection (b), through a
contract or any subcontract (at any tier) under a contract,
from any Communist Chinese military company.
---------------------------------------------------------------------------
\1\ 10 U.S.C. 2302 note.
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(b) Goods and Services Covered.--For purposes of subsection
(a), the goods and services described in this subsection are
goods and services on the munitions list of the International
Trafficking in Arms Regulations, other than goods or services
procured--
(1) in connection with a visit by a vessel or an
aircraft of the United States Armed Forces to the
People's Republic of China;
(2) for testing purposes; or
(3) for purposes of gathering intelligence.
(c) Waiver Authorized.--The Secretary of Defense may waive
the prohibition in subsection (a) if the Secretary determines
such a waiver is necessary for national security purposes. The
Secretary shall notify the congressional defense committees of
each waiver made under this subsection.
(d) Definitions.--In this section:
(1) The term ``Communist Chinese military company''
has the meaning provided that term by section
1237(b)(4) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (50 U.S.C. 1701
note).
(2) The term ``munitions list of the International
Trafficking in Arms Regulations'' means the United
States Munitions List contained in part 121 of
subchapter M of title 22 of the Code of Federal
Regulations.
SEC. 1212. REPORT ON NONSTRATEGIC NUCLEAR WEAPONS.
(a) Review.--Not later than six months after the date of
the enactment of this Act, the Secretary of Defense shall, in
consultation with the Secretary of State and the Secretary of
Energy, conduct a review of United States and Russian
nonstrategic nuclear weapons and determine whether it is in the
national security interest of the United States--
(1) to reduce the number of United States and Russian
nonstrategic nuclear weapons;
(2) to improve the security of United States and
Russian nonstrategic nuclear weapons in storage and
during transport;
(3) to identify and develop mechanisms and procedures
to implement transparent reductions in nonstrategic
nuclear weapons; and
(4) to identify and develop mechanisms and procedures
to implement the transparent dismantlement of excess
nonstrategic nuclear weapons.
(b) Report.--
(1) In general.--The Secretary of Defense shall
submit to the congressional defense committees a joint
report, prepared in consultation with the Secretary of
State and the Secretary of Energy, on the results of
the review required under subsection (a). The report
shall include a plan to implement, not later than
October 1, 2006, actions determined as a result of the
review to be in the United States national security
interest.
(2) Form.--The report required under paragraph (1)
shall be submitted in unclassified form, but may
include a classified annex.
* * * * * * *
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
* * * * * * *
Subtitle B--Other Matters
* * * * * * *
SEC. 3115. REPORT ON ASSISTANCE FOR A COMPREHENSIVE INVENTORY OF
RUSSIAN NONSTRATEGIC NUCLEAR WEAPONS.
(a) Findings.--Congress finds that--
(1) there is an insufficient accounting for, and
insufficient security of, the nonstrategic nuclear
weapons of the Russian Federation; and
(2) because of the dangers posed by that insufficient
accounting and security, it is in the national security
interest of the United States to assist the Russian
Federation in the conduct of a comprehensive inventory
of its nonstrategic nuclear weapons.
(b) Report.--
(1) Report required.--Not later than April 15, 2006,
the Secretary of Energy shall submit to Congress a
report containing--
(A) the Secretary's evaluation of past and
current efforts by the United States to
encourage or facilitate a proper accounting for
and securing of the nonstrategic nuclear
weapons of the Russian Federation; and
(B) the Secretary's recommendations regarding
the actions by the United States that are most
likely to lead to progress in improving the
accounting for, and securing of, those weapons.
(2) Consultation with secretary of defense.--The
report under paragraph (1) shall be prepared in
consultation with the Secretary of Defense.
(3) Classification of report.--The report under
paragraph (1) shall be in unclassified form, but may be
accompanied by a classified annex.
* * * * * * *
e. Ronald W. Reagan National Defense Authorization Act for Fiscal Year
2005
Partial text of Public Law 108-375 [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
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''.
* * * * * * *
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
* * * * * * *
TITLE XII--MATTERS RELATING TO OTHER NATIONS
* * * * * * *
Subtitle B--Counterproliferation Matters
SEC. 1211. DEFENSE INTERNATIONAL COUNTERPROLIFERATION PROGRAMS.
(a) International Security Program to Prevent Unauthorized
Transfer and Transportation of WMDs.--Subsection (b) of section
1424 of the Defense Against Weapons of Mass Destruction Act of
1996 (50 U.S.C. 2333) is amended * * *
(b) International Training Program to Deter WMD
Proliferation.--Section 1504(e)(3)(A) of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108
Stat. 2918) is amended-- * * *
SEC. 1212.\1\ POLICY AND SENSE OF CONGRESS ON NONPROLIFERATION OF
BALLISTIC MISSILES.
(a) Findings.--Congress makes the following findings:
---------------------------------------------------------------------------
\1\ 22 U.S.C. 2797 note.
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(1) Certain countries are seeking to acquire
ballistic missiles and related technologies that could
be used to attack the United States or place at risk
United States interests, deployed members of the Armed
Forces, and allies of the United States and other
friendly foreign countries.
(2) Certain countries continue to actively transfer
or sell ballistic missile technologies in contravention
of standards of behavior established by the United
States and allies of the United States and other
friendly foreign countries.
(3) The spread of ballistic missiles and related
technologies worldwide has been slowed by a combination
of national and international export controls, forward-
looking diplomacy, and multilateral interdiction
activities to restrict the development and transfer of
such missiles and technologies.
(b) Policy.--It is the policy of the United States to
develop, support, and strengthen international accords and
other cooperative efforts to curtail the proliferation of
ballistic missiles and related technologies which could
threaten the territory of the United States, allies of the
United States and other friendly foreign countries, and
deployed members of the Armed Forces of the United States with
weapons of mass destruction.
(c) Sense of Congress.--It is the sense of Congress that--
(1) the United States should vigorously pursue
foreign policy initiatives aimed at eliminating,
reducing, or retarding the proliferation of ballistic
missiles and related technologies; and
(2) the United States and the international community
should continue to support and strengthen established
international accords and other cooperative efforts,
including United Nations Security Council Resolution
1540 (April 28, 2004) and the Missile Technology
Control Regime, that are designed to eliminate, reduce,
or retard the proliferation of ballistic missiles and
related technologies.
SEC. 1213. SENSE OF CONGRESS ON THE GLOBAL PARTNERSHIP AGAINST THE
SPREAD OF WEAPONS OF MASS DESTRUCTION.
(a) Commendation of President.--Congress commends the
President for the steps taken at the G-8 summit at Sea Island,
Georgia, on June 8-10, 2004--
(1) to demonstrate continued support for the Global
Partnership against the Spread of Nuclear Weapons and
Materials of Mass Destruction; and
(2) to expand the Partnership (A) by welcoming new
members, and (B) by using the Partnership to coordinate
nonproliferation projects in Libya, Iraq, and other
countries.
(b) Future Actions.--It is the sense of Congress that the
President should seek to--
(1) expand the membership of donor nations to the
Global Partnership against the Spread of Nuclear
Weapons and Materials of Mass Destruction;
(2) ensure that the Russian Federation remains the
primary focus of the Partnership, but also seek to
fund, through the Partnership, efforts in other
countries that need assistance to secure or dismantle
their own potentially vulnerable weapons or materials;
(3) develop for the Partnership clear program goals;
(4) develop for the Partnership transparent project
prioritization and planning;
(5) develop for the Partnership project
implementation milestones under periodic review;
(6) develop under the Partnership agreements between
partners for project implementation; and
(7) give high priority and senior-level attention to
resolving disagreements on site access and worker
liability under the Partnership.
SEC. 1214. REPORT ON COLLABORATIVE MEASURES TO REDUCE THE RISKS OF A
LAUNCH OF RUSSIAN NUCLEAR WEAPONS.
Not later than November 1, 2005, the Secretary of Defense
shall submit to Congress a report on collaborative measures
between the United States and the Russian Federation to reduce
the risks of a launch of a nuclear-armed ballistic missile as a
result of accident, misinformation, miscalculation, or
unauthorized use. The report shall provide--
(1) a description and assessment of the collaborative
measures that are currently in effect;
(2) a description and assessment of other
collaborative measures that could be pursued in the
future;
(3) an assessment of the potential contributions of
such collaborative measures to the national security of
the United States;
(4) an assessment of the effect of such collaborative
measures on relations between the United States and the
Russian Federation;
(5) a description of the obstacles and opportunities
associated with pursuing such collaborative measures;
and
(6) an assessment of the future of the Joint Data
Exchange Center.
* * * * * * *
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
* * * * * * *
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
* * * * * * *
Subtitle C--Proliferation Matters
* * * * * * *
SEC. 3132.\2\ ACCELERATION OF REMOVAL OR SECURITY OF FISSILE MATERIALS,
RADIOLOGICAL MATERIALS, AND RELATED EQUIPMENT AT
VULNERABLE SITES WORLDWIDE.
(a) Sense of Congress.--(1) It is the sense of Congress
that the security, including the rapid removal or secure
storage, of high-risk, proliferation-attractive fissile
materials, radiological materials, and related equipment at
vulnerable sites worldwide should be a top priority among the
activities to achieve the national security of the United
States.
---------------------------------------------------------------------------
\2\ 50 U.S.C. 2569.
---------------------------------------------------------------------------
(2) It is the sense of Congress that the President may
establish in the Department of Energy a task force to be known
as the Task Force on Nuclear Materials to carry out the program
authorized by subsection (b).
(b) Program Authorized.--The Secretary of Energy may carry
out a program to undertake an accelerated, comprehensive
worldwide effort to mitigate the threats posed by high-risk,
proliferation-attractive fissile materials, radiological
materials, and related equipment located at sites potentially
vulnerable to theft or diversion.
(c) Program Elements.--(1) Activities under the program
under subsection (b) may include the following:
(A) Accelerated efforts to secure, remove, or
eliminate proliferation-attractive fissile materials or
radiological materials in research reactors, other
reactors, and other facilities worldwide.
(B) Arrangements for the secure shipment of
proliferation-attractive fissile materials,
radiological materials, and related equipment to other
countries willing to accept such materials and
equipment, or to the United States if such countries
cannot be identified, and the provision of secure
storage or disposition of such materials and equipment
following shipment.
(C) The transportation of proliferation-attractive
fissile materials, radiological materials, and related
equipment from sites identified as proliferation risks
to secure facilities in other countries or in the
United States.
(D) The processing and packaging of proliferation-
attractive fissile materials, radiological materials,
and related equipment in accordance with required
standards for transport, storage, and disposition.
(E) The provision of interim security upgrades for
vulnerable, proliferation-attractive fissile materials,
radiological materials, and related equipment pending
their removal from their current sites.
(F) The utilization of funds to upgrade security and
accounting at sites where proliferation-attractive
fissile materials or radiological materials will remain
for an extended period of time in order to ensure that
such materials are secure against plausible potential
threats and will remain so in the future.
(G) The management of proliferation-attractive
fissile materials, radiological materials, and related
equipment at secure facilities.
(H) Actions to ensure that security, including
security upgrades at sites and facilities for the
storage or disposition of proliferation-attractive
fissile materials, radiological materials, and related
equipment, continues to function as intended.
(I) The provision of technical support to the
International Atomic Energy Agency (IAEA), other
countries, and other entities to facilitate removal of,
and security upgrades to facilities that contain,
proliferation-attractive fissile materials,
radiological materials, and related equipment
worldwide.
(J) The development of alternative fuels and
irradiation targets based on low-enriched uranium to
convert research or other reactors fueled by highly-
enriched uranium to such alternative fuels, as well as
the conversion of reactors and irradiation targets
employing highly-enriched uranium to employment of such
alternative fuels and targets.
(K) Accelerated actions for the blend down of highly-
enriched uranium to low-enriched uranium.
(L) The provision of assistance in the closure and
decommissioning of sites identified as presenting risks
of proliferation of proliferation-attractive fissile
materials, radiological materials, and related
equipment.
(M) Programs to--
(i) assist in the placement of employees
displaced as a result of actions pursuant to
the program in enterprises not representing a
proliferation threat; and
(ii) convert sites identified as presenting
risks of proliferation regarding proliferation-
attractive fissile materials, radiological
materials, and related equipment to purposes
not representing a proliferation threat to the
extent necessary to eliminate the proliferation
threat.
(2) The Secretary of Energy shall, in coordination with the
Secretary of State, carry out the program in consultation with,
and with the assistance of, appropriate departments, agencies,
and other entities of the United States Government.
(3) The Secretary of Energy shall, with the concurrence of
the Secretary of State, carry out activities under the program
in collaboration with such foreign governments, non-
governmental organizations, and other international entities as
the Secretary of Energy considers appropriate for the program.
(d) Reports.--(1) Not later than March 15, 2005, the
Secretary of Energy shall submit to Congress a classified
interim report on the program under subsection (b).
(2) Not later than January 1, 2006, the Secretary shall
submit to Congress a classified final report on the program
under subsection (b) that includes the following:
(A) A survey by the Secretary of the facilities and
sites worldwide that contain proliferation-attractive
fissile materials, radiological materials, or related
equipment.
(B) A list of sites determined by the Secretary to be
of the highest priority, taking into account risk of
theft from such sites, for removal or security of
proliferation-attractive fissile materials,
radiological materials, or related equipment, organized
by level of priority.
(C) A plan, including activities under the program
under this section, for the removal, security, or both
of proliferation-attractive fissile materials,
radiological materials, or related equipment at
vulnerable facilities and sites worldwide, including
measurable milestones, metrics, and estimated costs for
the implementation of the plan.
(3) A summary of each report under this subsection shall
also be submitted to Congress in unclassified form.
(e) Funding.--Amounts authorized to be appropriated to the
Secretary of Energy for defense nuclear nonproliferation
activities shall be available for purposes of the program under
this section.
(f) \3\ Participation by Other Governments and
Organizations.--
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\3\ Sec 3113 of the John Warner National Defense Authorization Act
for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2504) added a new
subsec. (f) and redesignated former subsec. (f) as subsec. (g).
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(1) In general.--The Secretary of Energy may, with
the concurrence of the Secretary of State, enter into
one or more agreements with any person (including a
foreign government, international organization, or
multinational entity) that the Secretary of Energy
considers appropriate under which the person
contributes funds for purposes of the programs
described in paragraph (2).
(2) Programs covered.--The programs described in this
paragraph are the following international programs
within the Global Threat Reduction Initiative:
(A) The International Radiological Threat
Reduction program.
(B) The Emerging Threats and Gap Materials
program.
(C) The Reduced Enrichment for Research and
Test Reactors program.
(D) The Russian Research Reactor Fuel Return
program.
(E) The Global Research Reactor Security
program.
(F) The Kazakhstan Spent Fuel program.
(3) Retention and use of amounts.--Notwithstanding
section 3302 of title 31, United States Code, the
Secretary of Energy may retain and use amounts
contributed under an agreement under paragraph (1) for
purposes of the programs described in paragraph (2).
Amounts so contributed shall be retained in a separate
fund established in the Treasury for such purposes and
shall be available for use without further
appropriation and without fiscal year limitation.
(4) Return of amounts not used within 5 years.--If an
amount contributed under an agreement under paragraph
(1) is not used under this subsection within 5 years
after it was contributed, the Secretary of Energy shall
return that amount to the person who contributed it.
(5) Notice to congressional defense committees.--Not
later than 30 days after the receipt of an amount
contributed under paragraph (1), the Secretary of
Energy shall submit to the congressional defense
committees a notice specifying the purpose and value of
the contribution and identifying the person who
contributed it. The Secretary may not use the amount
until 15 days after the notice is submitted.
(6) Annual report.--Not later than October 31 of each
year, the Secretary of Energy shall submit to the
congressional defense committees a report on the
receipt and use 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, for each such
amount, the value of the contribution and the
person who contributed it;
(B) a statement of any amounts used under
this subsection, including, for each such
amount, the purposes for which the amount was
used; and
(C) a statement of the amounts retained but
not used under this subsection, including, for
each such amount, the purposes (if known) for
which the Secretary intends to use the amount.
(7) Expiration.--The authority to accept, retain, and
use contributions under this subsection expires on
December 31, 2013.
(g) \3\ Definitions.--In this section:
(1) The term ``fissile materials'' means plutonium,
highly-enriched uranium, or other material capable of
sustaining an explosive nuclear chain reaction,
including irradiated items containing such materials if
the radiation field from such items is not sufficient
to prevent the theft or misuse of such items.
(2) The term ``radiological materials'' includes
Americium-241, Californium-252, Cesium-137, Cobalt-60,
Iridium-192, Plutonium-238, Radium-226, Strontium-90,
Curium-244, and irradiated items containing such
materials, or other materials designated by the
Secretary of Energy for purposes of this paragraph.
(3) The term ``related equipment'' includes equipment
useful for enrichment of uranium in the isotope 235 and
for extraction of fissile materials from irradiated
fuel rods and other equipment designated by the
Secretary of Energy for purposes ofthis section.
(4) The term ``highly-enriched uranium'' means
uranium enriched to or above 20 percent in the isotope
235.
(5) The term ``low-enriched uranium'' means uranium
enriched below 20 percent in the isotope 235.
(6) The term ``proliferation-attractive'', in the
case of fissile materials and radiological materials,
means quantities and types of such materials that are
determined by the Secretary of Energy to present a
significant risk to the national security of the United
States if diverted to a use relating to proliferation.
SEC. 3133.\4\ SILK ROAD INITIATIVE.
(a) Program Authorized.--(1) The Secretary of Energy may
carry out a program, to be known as the Silk Road Initiative,
to promote non-weapons-related employment opportunities for
scientists, engineers, and technicians formerly engaged in
activities to develop and produce weapons of mass destruction
in Silk Road nations. The program should--
---------------------------------------------------------------------------
\4\ 50 U.S.C. 2570.
---------------------------------------------------------------------------
(A) incorporate best practices under the Initiatives
for Proliferation Prevention program; and
(B) facilitate commercial partnerships between
private entities in the United States and scientists,
engineers, and technicians in the Silk Road nations.
(2) Before implementing the program with respect to
multiple Silk Road nations, the Secretary of Energy shall carry
out a pilot program with respect to one Silk Road nation
selected by the Secretary. It is the sense of Congress that the
Secretary should select the Republic of Georgia.
(b) Silk Road Nations Defined.--In this section, the Silk
Road nations are Armenia, Azerbaijan, the Republic of Georgia,
Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and
Uzbekistan.
(c) Funding.--Of the funds authorized to be appropriated to
the Department of Energy for nonproliferation and international
security for fiscal year 2005, up to $10,000,000 may be used to
carry out this section.
SEC. 3134.\5\ NUCLEAR NONPROLIFERATION FELLOWSHIPS FOR SCIENTISTS
EMPLOYED BY UNITED STATES AND RUSSIAN FEDERATION.
(a) In General.--(1) From amounts made available to carry
out this section, the Administrator for Nuclear Security may
carry out a program under which the Administrator awards, to
scientists employed at nonproliferation research laboratories
of the Russian Federation and the United States, international
exchange fellowships, to be known as Nuclear Nonproliferation
Fellowships, in the nuclear nonproliferation sciences.
---------------------------------------------------------------------------
\5\ 50 U.S.C. 2571.
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(2) The purpose of the program shall be to provide
opportunities for advancement in the nuclear nonproliferation
sciences to scientists who, as demonstrated by their academic
or professional achievements, show particular promise of making
significant contributions in those sciences.
(3) A fellowship awarded to a scientist under the program
shall be for collaborative study and training or advanced
research at--
(A) a nonproliferation research laboratory of the
Russian Federation, in the case of a scientist employed
at a nonproliferation research laboratory of the United
States; and
(B) a nonproliferation research laboratory of the
United States, in the case of a scientist employed at a
nonproliferation research laboratory of the Russian
Federation.
(4) The duration of a fellowship under the program may not
exceed two years, except that the Administrator may provide for
a longer duration in an individual case to the extent warranted
by extraordinary circumstances, as determined by the
Administrator.
(5) In a calendar year, the Administrator may not award
more than--
(A) one fellowship to a scientist employed at a
nonproliferation research laboratory of the Russian
Federation; and
(B) one fellowship to a scientist employed at a
nonproliferation research laboratory of the United
States.
(6) A fellowship under the program shall include--
(A) travel expenses; and
(B) any other expenses that the Administrator
considers appropriate, such as room and board.
(b) Definitions.--In this section:
(1) The term ``nonproliferation research laboratory''
means, with respect to a country, a national laboratory
of that country at which research in the nuclear
nonproliferation sciences is carried out.
(2) The term ``nuclear nonproliferation sciences''
means bodies of scientific knowledge relevant to
developing or advancing the means to prevent or impede
the proliferation of nuclear weaponry.
(3) The term ``scientist'' means an individual who
has a degree from an institution of higher education in
a science that has practical application in the nuclear
nonproliferation sciences.
(c) Funding.--Amounts available to the Department of Energy
for defense nuclear nonproliferation activities shall be
available for the fellowships authorized by subsection (a).
SEC. 3135. UTILIZATION OF INTERNATIONAL CONTRIBUTIONS TO THE
ELIMINATION OF WEAPONS GRADE PLUTONIUM PRODUCTION
PROGRAM.
Section 3151 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116
Stat. 2736; 22 U.S.C. 5952 note) is amended * * *
* * * * * * *
f. National Defense Authorization Act for Fiscal Year 2004
Partial text of Public Law 108-136 [H.R. 1588], 117 Stat. 1392,
approved November 24, 2003
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.
This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 2004''.
* * * * * * *
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
* * * * * * *
TITLE X--GENERAL PROVISIONS
* * * * * * *
Subtitle D--Reports
* * * * * * *
SEC. 1033.\1\ ANNUAL REPORT CONCERNING DISMANTLING OF STRATEGIC NUCLEAR
WARHEADS.
(a) Annual Report.\2\ --Concurrent with the submission of
the President's budget request to Congress each year, the
Director of Central Intelligence shall submit to the committees
specified in subsection (e) a report concerning dismantlement
of Russian strategic nuclear warheads under the Moscow Treaty.
Each such report shall discuss nuclear weapons dismantled by
Russia during the prior fiscal year and the Director's
projections for nuclear weapons to be dismantled by Russia
during the current fiscal year and the fiscal year covered by
the budget.
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\1\ 22 U.S.C. 5959 note.
\2\ Sec. 2(1) of the Senate resolution of advice and consent to
ratification of the Moscow Treaty (Treaty No. 107-8; March 6, 2003)
requires the President to submit an annual report on the role of
cooperative threat reduction and nonproliferation assistance funds in
Russian implementation of the Moscow Treaty. In sec. 2(c) of Executive
Order 13313 dated July 31, 2003 (68 F.R. 46076; August 5, 2003), the
President assigned this requirement to the Secretary of Defense. In
addition, sec. 2(2) of the Senate resolution requires the President to
submit an annual report on the overall implementation of the treaty. In
sec. 2(a)(4) of Executive Order 13313, the President assigned this
requirement to the Secretary of State.
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(b) Classification.--The annual report under this section
shall be transmitted in an unclassified form when possible and
classified form as necessary.
(c) Termination of Report Requirement.--The requirement to
submit an annual report under this section terminates when the
Moscow Treaty is no longer in effect.
(d) Moscow Treaty Defined.--For purposes of this section,
the term ``Moscow Treaty'' means the Treaty Between the United
States of America and the Russian Federation on Strategic
Offensive Reductions, done at Moscow on May 24, 2002.
(e) Committees Specified.--The committees to which annual
reports are to be submitted under this section are the
following:
(1) The Committee on Armed Services, the Select
Committee on Intelligence, and the Committee on Foreign
Relations of the Senate.
(2) The Committee on Armed Services, the Permanent
Select Committee on Intelligence, and the Committee on
International Relations of the House of
Representatives.
* * * * * * *
TITLE XII--MATTERS RELATING TO OTHER NATIONS
* * * * * * *
Subtitle A--Matters Relating to Iraq
* * * * * * *
SEC. 1204.\3\ REPORT ON ACQUISITION BY IRAQ OF ADVANCED WEAPONS.
(a) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services and Foreign Relations of the
Senate and the Committees on Armed Services and International
Relations of the House of Representatives a report on the
acquisition by Iraq of weapons of mass destruction and
associated delivery systems and the acquisition by Iraq of
advanced conventional weapons.
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\3\ 10 U.S.C. 113 note.
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(b) Matters To Be Included.--The report shall include the
following:
(1) A description of any materials, technology, and
know how that Iraq was able to obtain for its nuclear,
chemical, biological, ballistic missile, and unmanned
aerial vehicle programs, and advanced conventional
weapons programs, from 1979 through April 2003 from
entities (including Iraqi citizens) outside of Iraq, as
well as a description of how Iraq obtained these
capabilities from those entities.
(2) An assessment of the degree to which United
States, foreign, and multilateral export control
regimes prevented acquisition by Iraq of weapons of
mass destruction-related technology and materials and
advanced conventional weapons and delivery systems
since the commencement of international inspections in
Iraq.
(3) An assessment of the effectiveness of United
Nations sanctions at halting the flow of militarily-
useful contraband to Iraq from 1991 until the end of
Operation Iraqi Freedom.
(4) An assessment of how Iraq was able to evade
International Atomic Energy Agency and United Nations
inspections regarding chemical, nuclear, biological,
and missile weapons and related capabilities.
(5) Identification and a catalog of the entities and
countries that transferred militarily useful contraband
and items described pursuant to paragraph (1) to Iraq
between 1991 and the end of major combat operations of
Operation Iraqi Freedom on May 1, 2003, and the nature
of that contraband and of those items.
(c) Form of Report.--The report shall be submitted in
unclassified form with a classified annex, if necessary.
* * * * * * *
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
* * * * * * *
Subtitle C--Proliferation Matters
* * * * * * *
SEC. 3122. REPORT ON REDUCTION OF EXCESSIVE UNOBLIGATED OR UNEXPENDED
BALANCES FOR DEFENSE NUCLEAR NONPROLIFERATION
ACTIVITIES.
(a) Contingent Requirement for Report.--If as of September
30, 2004, the aggregate amount unobligated, or obligated but
not expended, for defense nuclear nonproliferation activities
from amounts appropriated for such activities in fiscal year
2004 exceeds an amount equal to 20 percent of the aggregate
amount appropriated for such activities in fiscal year 2004,
the Administrator for Nuclear Security shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report containing an aggressive plan to
provide for the timely expenditure of amounts remaining
unobligated, or obligated but not expended.
(b) Submittal Date.--If required to be submitted under
subsection (a), the submittal date for the report under that
subsection shall be November 30, 2004.
SEC. 3123.\4\ STUDY AND REPORT RELATING TO WEAPONS-GRADE URANIUM AND
PLUTONIUM OF THE INDEPENDENT STATES OF THE FORMER
SOVIET UNION.
(a) Study Required.--The Secretary of Energy shall carry
out a study on the feasibility, costs, and benefits of--
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\4\ 22 U.S.C. 5952 note.
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(1) purchasing, from the independent states of the
former Soviet Union, weapons-grade uranium and
plutonium excess to the defense needs of those states;
and
(2) safeguarding the uranium and plutonium so
purchased until rendered unusable for nuclear weapons.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to Congress a
report on the results of the study required by subsection (a).
SEC. 3124. AUTHORITY TO USE INTERNATIONAL NUCLEAR MATERIALS PROTECTION
AND COOPERATION PROGRAM FUNDS OUTSIDE THE FORMER
SOVIET UNION.
(a) Authority.--Subject to the provisions of this section,
the President may obligate and expend international nuclear
materials protection and cooperation program funds for a fiscal
year, and any such funds for a fiscal year before such fiscal
year that remain available for obligation, for a defense
nuclear nonproliferation project or activity outside the states
of the former Soviet Union if the President determines each of
the following:
(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 Energy is the entity of
the Federal Government that is most capable of carrying
out such project or activity.
(b) Scope of Activity.--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) 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.
(d) Limitation on Availability of Funds.--(1) The President
may not obligate funds for a project or activity under the
authority in subsection (a) until the President 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) for a project or activity, the
President 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.
(e) 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 international nuclear
materials protection and cooperation program funds or
on international nuclear materials protection and
cooperation program projects or activities.
(2) Any limitation on the obligation or expenditure
of international nuclear materials protection and
cooperation program funds.
(3) Any limitation on international nuclear materials
protection and cooperation program projects or
activities.
(f) Funds.--As used in this section, the term
``international nuclear materials protection and cooperation
program funds'' means the funds appropriated pursuant to the
authorization of appropriations in section 3101(a)(2) for such
program.
SEC. 3125.\5\ REQUIREMENT FOR ON-SITE MANAGERS.
(a) On-Site Manager Requirement.--Before obligating any
defense nuclear nonproliferation funds for a project described
in subsection (b), the Secretary of Energy shall appoint one
on-site manager for that project. The manager shall be
appointed from among employees of the Federal Government.
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\5\ 22 U.S.C. 5961a.
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(b) Projects Covered.--Subsection (a) applies to a
project--
(1) to be located in a state of the former Soviet
Union;
(2) which involves dismantlement, destruction, or
storage facilities, or construction of a facility; and
(3) with respect to which the total contribution by
the Department of Energy 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 Energy 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 subsection (g)).
(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 Energy 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) Permit Defined.--In this section, the term ``permit''
means any local or national permit for development, general
construction, environmental, land use, or other purposes that
is required in the state of the former Soviet Union in which
the project is being or is proposed to be carried out.
(h) Effective Date.--This section shall take effect six
months after the date of the enactment of this Act.
* * * * * * *
g. Bob Stump National Defense Authorization Act for Fiscal Year 2003
Partial text of Public Law 107-314 [H.R. 4546], 116 Stat. 2458,
approved December 2, 2002
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) * * *
* * * * * * *
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
* * * * * * *
TITLE XII--MATTERS RELATING TO OTHER NATIONS
* * * * * * *
SEC. 1204. SUPPORT OF UNITED NATIONS-SPONSORED EFFORTS TO INSPECT AND
MONITOR IRAQI WEAPONS ACTIVITIES.
(a) Limitation on Amount of Assistance in Fiscal Year
2003.--The total amount of the assistance for fiscal year 2003
that is provided by the Secretary of Defense under section 1505
of the Weapons of Mass Destruction Control Act of 1992 (22
U.S.C. 5859a) as activities of the Department of Defense in
support of activities under that Act may not exceed
$15,000,000.
(b) Extension of Authority To Provide Assistance.--
Subsection (f) of section 1505 of the Weapons of Mass
Destruction Control Act of 1992 (22 U.S.C. 5859a) is amended by
striking ``2002'' and inserting ``2003''.
SEC. 1205.\1\ COMPREHENSIVE ANNUAL REPORT TO CONGRESS ON COORDINATION
AND INTEGRATION OF ALL UNITED STATES
NONPROLIFERATION ACTIVITIES.
Section 1205 of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1247) is
amended * * *
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\1\ 22 U.S.C. 5952 note.
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SEC. 1206.\2\ REPORT REQUIREMENT REGARDING RUSSIAN PROLIFERATION TO
IRAN AND OTHER COUNTRIES OF PROLIFERATION CONCERN.
(a) \3\ Report Requirement.--Not later than March 15 of
2003 through 2009, the President shall submit to Congress a
report (in unclassified and classified form as necessary)
describing in detail Russian proliferation of weapons of mass
destruction and ballistic missile goods, technology, expertise,
and information, and of dual-use items that may contribute to
the development of weapons of mass destruction and ballistic
missiles, to Iran and to other countries of proliferation
concern during the year preceding the year in which the report
is submitted. The report shall include a detailed description
of the following, for the year covered by the report:
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\2\ 22 U.S.C. 5952 note.
\3\ In sec. 1(a)(18) of Executive Order 13313 of July 31, 2003 (68
F.R. 46073; August 5, 2003), the President assigned the reporting
duties in subsec. (a) to the Secretary of State.
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(1) The number, type, and quality of direct and dual-
use weapons of mass destruction and ballistic missile
goods, technology, expertise, and information
transferred.
(2) The form, location, and manner in which such
transfers took place.
(3) The contribution that such transfers could make
to the recipient countries' weapons of mass destruction
and ballistic missile programs, and an estimate of how
soon such countries will test, possess, and deploy
weapons of mass destruction and ballistic missiles.
(4) The impact and consequences that such transfers
have, and could have over the next 10 years--
(A) on United States national security;
(B) on United States military forces deployed
in the region to which such transfers are being
made;
(C) on United States allies, friends, and
interests in that region; and(D) on the
military capabilities of the country receiving
such transfers from Russia.
(5) The policy and strategy that the President
intends to employ to halt Russian proliferation, the
policy tools that the President intends to use to carry
out that policy and strategy, the rationale for
employing such tools, and the timeline by which the
President expects to see material progress in ending
Russian proliferation of direct and dual-use weapons of
mass destruction and missile goods, technology,
expertise, and information.
(b) Definition.--In this section, 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 weapons of mass destruction
(including nuclear weapons, chemical weapons, and biological
weapons) or advanced conventional munitions--
(1) in the most recent report under section 721 of
the Combatting Proliferation of Weapons of Mass
Destruction Act of 1996 (title VII of Public Law 104-
293; 50 U.S.C. 2366); or
(2) 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.
* * * * * * *
SEC. 1208. EXTENSION OF CERTAIN COUNTERPROLIFERATION ACTIVITIES AND
PROGRAMS.
(a) Extension of Interagency Counterproliferation Program
Review Committee.--Section 1605(f) of the National Defense
Authorization Act for Fiscal Year 1994 (22 U.S.C. 2751 note) is
amended * * *
(b) Later Deadline for Submission of Annual Report.--
Subsection (a) of section 1503 of the National Defense
Authorization Act for Fiscal Year 1995 (22 U.S.C. 2751 note) is
amended * * *
(c) Additional Matters To Be Included in Annual Report.--
Subsection (b) of such section is amended * * *
(d) Technical Amendment To Reflect Change in Position
Title.--Section 1605(a)(4) of the National Defense
Authorization Act for Fiscal Year 1994 (22 U.S.C. 2751 note) is
amended * * *
SEC. 1209. SEMIANNUAL REPORT BY DIRECTOR OF CENTRAL INTELLIGENCE ON
CONTRIBUTIONS BY FOREIGN PERSONS TO EFFORTS BY
COUNTRIES OF PROLIFERATION CONCERN TO OBTAIN
WEAPONS OF MASS DESTRUCTION AND THEIR DELIVERY
SYSTEMS.
(a) Content of Semiannual Report.--The Combatting
Proliferation of Weapons of Mass Destruction Act of 1996 (title
VII of Public Law 104-293) is amended * * *
* * * * * * *
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. * * *
SEC. 3152. REPEAL OF REQUIREMENT FOR REPORTS ON OBLIGATION OF FUNDS FOR
PROGRAMS ON FISSILE MATERIALS IN RUSSIA.
Section 3131 of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 617; 22 U.S.C.
5952 note) is amended-- * * *
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\4\ 22 U.S.C. 5952 note. For the full text of this section, see the
entry entitled ``Cooperative Threat Reduction, Fiscal Year 2003'', page
79 of this volume.
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SEC. 3153. EXPANSION OF ANNUAL REPORTS ON STATUS OF NUCLEAR MATERIALS
PROTECTION, CONTROL, AND ACCOUNTING PROGRAMS.
(a) Covered Programs.--Subsection (a) of section 3171 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-475; 22 U.S.C. 5952 note) is amended * * *
* * * * * * *
SEC. 3156.\5\ MATTERS RELATING TO THE INTERNATIONAL MATERIALS
PROTECTION, CONTROL, AND ACCOUNTING PROGRAM OF THE
DEPARTMENT OF ENERGY.
(a) Radiological Dispersal Device Materials Protection,
Control, and Accounting.--The Secretary of Energy may establish
within the International Materials Protection, Control, and
Accounting program of the Department of Energy a program on the
protection, control, and accounting of materials usable in
radiological dispersal devices. In establishing such program,
the Secretary shall--
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\5\ 50 U.S.C. 2343.
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(1) identify the sites and radiological materials to
be covered by such program;
(2) carry out a risk assessment of such radiological
materials; and
(3) identify and establish the costs of and schedules
for such program.
(b) Revised Focus for Materials Protection, Control, and
Accounting Program of Russian Federation.--(1) The Secretary of
Energy shall work cooperatively with the Russian Federation to
develop, as soon as practicable but not later than January 1,
2013, a sustainable nuclear materials protection, control, and
accounting system for the nuclear materials of the Russian
Federation that is supported solely by the Russian Federation.
(2) The Secretary shall work with the Russian Federation to
identify various alternatives to provide the United States
adequate transparency in the nuclear materials protection,
control, and accounting program of the Russian Federation to
assure that such program is meeting applicable goals for
nuclear materials protection, control, and accounting.
(c) Amount for Activities.--Of the amount authorized to be
appropriated by section 3101(a)(2) for the Department of Energy
for the National Nuclear Security Administration for defense
nuclear nonproliferation, up to $5,000,000 may be available for
carrying out this section.
* * * * * * *
SEC. 3158.\6\ STRENGTHENED INTERNATIONAL SECURITY FOR NUCLEAR MATERIALS
AND SECURITY OF NUCLEAR OPERATIONS.
(a) Report on Options for International Program To
Strengthen Security.--(1) Not later than 270 days after the
date of the enactment of this Act, the Secretary of Energy
shall submit to Congress a report on options for an
international program to develop strengthened security for
nuclear reactors and associated materials outside the United
States.
---------------------------------------------------------------------------
\6\ 50 U.S.C. 2344.
---------------------------------------------------------------------------
(2) In evaluating options for purposes of the report, the
Secretary shall consult with the Nuclear Regulatory Commission
and the International Atomic Energy Agency on the feasibility
and advisability of actions to reduce the risks associated with
terrorist attacks on nuclear reactors outside the United
States.
(b) Joint Programs With Russia on Proliferation-Resistant
Nuclear Energy Technologies.--(1) The Secretary shall pursue
with the Ministry of Atomic Energy of the Russian Federation
joint programs between the United States and the Russian
Federation on the development of proliferation-resistant
nuclear energy technologies, including advanced fuel cycles.
(2) Of the amount authorized to be appropriated by section
3101(a)(2) for the Department of Energy for the National
Nuclear Security Administration for defense nuclear
nonproliferation, up to $10,000,000 may be available for
carrying out the joint programs referred to in paragraph (1).
(c) Assistance Regarding Hostile Insiders.--The Secretary
may, utilizing appropriate expertise of the Department of
Energy and the Nuclear Regulatory Commission, provide technical
assistance to nuclear reactor facilities outside the United
States with respect to the interdiction of hostile insiders at
such facilities in order to prevent incidents arising from the
disablement of the vital systems of such facilities.
SEC. 3159.\7\ EXPORT CONTROL PROGRAMS.
(a) Authority To Pursue Options for Strengthening Export
Control Programs.--The Secretary of Energy, in coordination
with the Secretary of State, may pursue in the region of the
former Soviet Union and other regions of concern options for
accelerating programs that assist the countries in such regions
in improving their domestic export control programs for
materials, technologies, and expertise relevant to the
construction or use of a nuclear or radiological dispersal
device.
---------------------------------------------------------------------------
\7\ 50 U.S.C. 2345.
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(b) Amount for Activities.--Of the amount authorized to be
appropriated by section 3101(a)(2) for the Department of Energy
for the National Nuclear Security Administration for defense
nuclear nonproliferation, up to $5,000,000 may be available for
carrying out this section.
SEC. 3160.\8\ PLAN FOR ACCELERATED RETURN OF WEAPONS-USABLE NUCLEAR
MATERIALS.
(a) Plan for Accelerated Return.--The Secretary of Energy
shall work with the Russian Federation to develop a plan to
accelerate the return to Russia of all weapons-usable nuclear
materials located in research reactors and other facilities
outside Russia that were supplied by the former Soviet Union.
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\8\ 22 U.S.C. 5952 note.
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(b) Funding and Schedules.--As part of the plan under
subsection (a), the Secretary shall identify the funding and
schedules required to assist the research reactors and
facilities referred to in that subsection in--
(1) transferring highly enriched uranium to Russia;
and
(2) upgrading the materials protection, control, and
accounting procedures at such research reactors and
facilities until the weapons-usable nuclear materials
in such reactors and facilities are returned in
accordance with that subsection.
(c) Coordination.--The provision of assistance under
subsection (b) shall be closely coordinated with the
International Atomic Energy Agency.
* * * * * * *
h. National Defense Authorization Act for Fiscal Year 2002
Partial text of Public Law 107-107 [S. 1438], 115 Stat. 1012, approved
December 28, 2001; as amended by Public Law 107-314 [Bob Stump National
Defense Authorization Act for Fiscal Year 2003; H.R. 4546], 116 Stat.
2458, approved December 2, 2002
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''.
* * * * * * *
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
* * * * * * *
TITLE XII--MATTERS RELATING TO OTHER NATIONS
* * * * * * *
Subtitle A--Matters Related to Arms Control and Monitoring
SEC. 1201. CLARIFICATION OF AUTHORITY TO FURNISH NUCLEAR TEST
MONITORING EQUIPMENT TO FOREIGN GOVERNMENTS.
(a) * * * \1\
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\1\ This section redesignated the second 10 U.S.C. 2555 added by
sec. 1203(a) of the Appendix to the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (H.R. 5408, as enacted into law
by Public Law 106-398; 114 Stat. 1654A-324) as 10 U.S.C. 2565, and
amended the section in several places. See Legislation on Foreign
Relations Through 2008, vol. I-B, for the full text of the redesignated
sec. 2565 as amended.
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SEC. 1202. LIMITATION ON FUNDING FOR JOINT DATA EXCHANGE CENTER IN
MOSCOW.
(a) Limitation.--Not more than 50 percent of the funds made
available to the Department of Defense for fiscal year 2002 for
activities associated with the Joint Data Exchange Center in
Moscow, Russia, may be obligated for any such activity until--
(1) the United States and the Russian Federation
enter into a cost-sharing agreement as described in
subsection (d) of section 1231 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-329);
(2) the United States and the Russian Federation
enter into an agreement or agreements exempting the
United States and any United States person from Russian
taxes, and from liability under Russian laws, with
respect to activities associated with the Joint Data
Exchange Center;
(3) the Secretary of Defense submits to the Committee
on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a copy
of each agreement referred to in paragraphs (1) and
(2); and
(4) a period of 30 days has expired after the date of
the final submission under paragraph (3).
(b) Joint Data Exchange Center.--For purposes of this
section, the term ``Joint Data Exchange Center'' means the
United States-Russian Federation joint center for the exchange
of data to provide early warning of launches of ballistic
missiles and for notification of such launches that is provided
for in a joint United States-Russian Federation memorandum of
agreement signed in Moscow in June 2000.
SEC. 1203. SUPPORT OF UNITED NATIONS-SPONSORED EFFORTS TO INSPECT AND
MONITOR IRAQI WEAPONS ACTIVITIES.
(a) Limitation on Amount of Assistance in Fiscal Year
2002.--The total amount of the assistance for fiscal year 2002
that is provided by the Secretary of Defense under section 1505
of the Weapons of Mass Destruction Control Act of 1992 (22
U.S.C. 5859a) as activities of the Department of Defense in
support of activities under that Act may not exceed
$15,000,000.
(b) Extension of Authority To Provide Assistance.--
Subsection (f) of section 1505 of the Weapons of Mass
Destruction Control Act of 1992 (22 U.S.C. 5859a) is amended *
* *
SEC. 1204. AUTHORITY FOR EMPLOYEES OF FEDERAL GOVERNMENT CONTRACTORS TO
ACCOMPANY CHEMICAL WEAPONS INSPECTION TEAMS AT
GOVERNMENT-OWNED FACILITIES.
(a) Authority.--Section 303(b)(2) of the Chemical Weapons
Convention Implementation Act of 1998 (22 U.S.C. 6723(b)(2)) is
amended * * *
(b) Credentials.--Section 304(c) of such Act (22 U.S.C.
6724(c)) is amended * * *
SEC. 1205. PLAN FOR SECURING NUCLEAR WEAPONS, MATERIAL, AND EXPERTISE
OF THE STATES OF THE FORMER SOVIET UNION.
(a) Plan Required.--Not later than June 15, 2002, the
President shall submit to Congress a plan, that has been
developed in coordination with all relevant Federal agencies--
(1) for cooperating with Russia on disposing, as soon
as practicable, of nuclear weapons and weapons-usable
nuclear material in Russia that Russia does not retain
in its nuclear arsenals;
(2) for assisting Russia in downsizing its nuclear
weapons research and production complex;
(3) for cooperating with the other states of the
former Soviet Union on disposing, as soon as
practicable, of all nuclear weapons and weapons-usable
nuclear material in such states; and
(4) for preventing the outflow from the states of the
former Soviet Union of scientific expertise that could
be used for developing nuclear weapons, other weapons
of mass destruction, and delivery systems for such
weapons.
(b) Content of Plan.--The plan required by subsection (a)
shall include the following:
(1) Specific goals and measurable objectives for
programs that are designed to carry out the objectives
described in subsection (a).
(2) Criteria for success for such programs, and a
strategy for eventual termination of United States
contributions to such programs and assumption of the
ongoing support of those programs by others.
(3) A description of any administrative and
organizational changes necessary to improve the
coordination and effectiveness of such programs. In
particular, the plan shall include consideration of the
creation of an interagency committee that wouldhave
primary responsibilities within the executive branch
for--
(A) monitoring United States nonproliferation
efforts in the states of the former Soviet
Union;
(B) coordinating the implementation of United
States policy with respect to such efforts; and
(C) recommending to the President integrated
policies, budget options, and private sector
and international contributions for such
programs.
(4) An estimate of the cost of carrying out such
programs.
(c) Consultation.--In developing the plan required by
subsection (a), the President--
(1) is encouraged to consult with the relevant states
of the former Soviet Union regarding the practicality
of various options; and
(2) shall consult with the majority and minority
leadership of the appropriate committees of Congress.
(d) \2\ Annual Report on Implementation of Plan.--(1) Not
later than January 31, 2003, and each year thereafter, the
President shall submit to Congress a report on the
implementation of the plan required by subsection (a) during
the preceding year.
---------------------------------------------------------------------------
\2\ Sec. 1205 of the Bob Stump National Defense Authorization Act
for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2664) added subsec.
(d).
---------------------------------------------------------------------------
(2) Each report under paragraph (1) shall include--
(A) a discussion of progress made during the year
covered by such report in the matters of the plan
required by subsection (a);
(B) a discussion of consultations with foreign
nations, and in particular the Russian Federation,
during such year on joint programs to implement the
plan;
(C) a discussion of cooperation, coordination, and
integration during such year in the implementation of
the plan among the various departments and agencies of
the United States Government, as well as private
entities that share objectives similar to the
objectives of the plan; and
(D) any recommendations that the President considers
appropriate regarding modifications to law or
regulations, or to the administration or organization
of any Federal department or agency, in order to
improve the effectiveness of any programscarried out
during such year in the implementation of the plan.
* * * * * * *
Subtitle C--Reports
SEC. 1221. REPORT ON SIGNIFICANT SALES AND TRANSFERS OF MILITARY
HARDWARE, EXPERTISE, AND TECHNOLOGY TO THE PEOPLE'S
REPUBLIC OF CHINA.
Section 1202 of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 781; 10 U.S.C.
113 note) \3\ is amended * * *
---------------------------------------------------------------------------
\3\ Sec. 1202 of Public Law 106-65 concerns an annual report on the
military power of the People's Republic of China.
---------------------------------------------------------------------------
* * * * * * *
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
* * * * * * *
Subtitle A--National Security Programs Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2002 for the activities of
the National Nuclear Security Administration in carrying out
programs necessary for national security in the amount of
$7,121,094,000, to be allocated as follows:
(1) * * *
(2) Defense nuclear nonproliferation.--For defense
nuclear nonproliferation activities, $776,886,000, to
be allocated as follows:
(A) * * *
(B) For arms control and Russian transition
initiatives, $117,741,000.
(C) For international materials protection,
control, and accounting, $143,800,000.
(D) For highly enriched uranium transparency
implementation, $13,950,000.
(E) For international nuclear safety,
$10,000,000.
(F) For fissile materials control and
disposition, $289,089,000, to be allocated as
follows:
(i) * * *
(ii) For Russian surplus fissile
materials disposition, $61,000,000.
(G) * * *
(3)-(4) * * *
* * * * * * *
Subtitle C--Program Authorizations, Restrictions, and Limitations
SEC. 3131. CONSOLIDATION OF NUCLEAR CITIES INITIATIVE PROGRAM WITH
INITIATIVES FOR PROLIFERATION PREVENTION PROGRAM.
The Administrator for Nuclear Security shall consolidate
the Nuclear Cities Initiative program with the Initiatives for
Proliferation Prevention program under a single management
line.
SEC. 3132. NUCLEAR CITIES INITIATIVE.
(a) Limitations on Use of Funds.--No funds authorized to be
appropriated for the Nuclear Cities Initiative after fiscal
year 2001 may be obligated or expended with respect to more
than three nuclear cities, or more than two serial production
facilities in Russia, until 30 days after the Administrator for
Nuclear Security submits to the appropriate congressional
committees an agreement signed by the Russian Federation on
access under the Nuclear Cities Initiative to the ten closed
nuclear cities and four serial production facilities of the
Nuclear Cities Initiative.
(b) Annual Report.--(1) Not later than the first Monday in
February each year, the Administrator shall submit to the
appropriate congressional committees a report on financial and
programmatic activities with respect to the Nuclear Cities
Initiative during the preceding fiscal year.
(2) Each report shall include, for the fiscal year covered
by such report, the following:
(A) A list of each project that is or was completed,
ongoing, or planned under the Nuclear Cities Initiative
during such fiscal year.
(B) For each project listed under subparagraph (A),
information, current as of the end of such fiscal year,
on the following:
(i) The purpose of such project.
(ii) The budget for such project.
(iii) The life-cycle costs of such project.
(iv) Participants in such project.
(v) The commercial viability of such project.
(vi) The number of jobs in Russia created or
to be created by or through such project.
(vii) Of the total amount of funds spent on
such project, the percentage of such amount
spent in the United States and the percentage
of such amount spent overseas.
(C) A certification by the Administrator that each
project listed under subparagraph (A) did contribute,
is contributing, or will contribute, as the case may
be, to the downsizing of the nuclear weapons complex in
Russia, together with a description of the evidence
utilized to make such certification.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of
Representatives.
(2) Nuclear cities initiative.--The term ``Nuclear
Cities Initiative'' means the initiative arising
pursuant to the March 1998 discussion between the Vice
President of the United States and the Prime Minister
of the Russian Federation and between the Secretary of
Energy of the United States and the Minister of Atomic
Energy of the Russian Federation.\4\
---------------------------------------------------------------------------
\4\ The United States and the Russian Federation entered into the
formal agreement on the Nuclear Cities Initiative on September 22,
1998, and the agreement entered into force the same day.
---------------------------------------------------------------------------
(3) Nuclear city.--The term ``nuclear city'' means
any of the nuclear cities within the complex of the
Russia Ministry of Atomic Energy (MINATOM) as follows:
(A) Sarov (Arzamas-16 and Avangard).
(B) Zarechnyy (Penza-19).
(C) Novoural'sk (Sverdlovsk-44).
(D) Lesnoy (Sverdlovsk-45).
(E) Ozersk (Chelyabinsk-65).
(F) Snezhinsk (Chelyabinsk-70).
(G) Trechgornyy (Zlatoust-36).
(H) Seversk (Tomsk-7).
(I) Zhelenznogorsk (Krasnoyarsk-26).
(J) Zelenogorsk (Krasnoyarsk-45).
i. Floyd D. Spence National Defense Authorization Act for Fiscal Year
2001
Partial text of Public Law 106-398 [H.R. 4205, in which H.R. 5408 is
enacted by reference], 114 Stat. 1654, approved October 30, 2000;
amended by Public Law 107-107 [National Defense Authorization Act for
Fiscal Year 2002; S. 1438], 115 Stat. 1245, approved December 28, 2001;
and Public Law 107-314 [Bob Stump National Defense Authorization Act
for Fiscal Year 2003; H.R. 4546), 116 Stat. 2458, approved December 2,
2002
A BILL 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. 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) * * *
* * * * * * *
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
* * * * * * *
TITLE XII--MATTERS RELATING TO OTHER NATIONS
* * * * * * *
Subtitle A--Matters Related to Arms Control
SEC. 1201. SUPPORT OF UNITED NATIONS-SPONSORED EFFORTS TO INSPECT AND
MONITOR IRAQI WEAPONS ACTIVITIES.
(a) Limitation on Amount of Assistance in Fiscal Year
2001--The total amount of the assistance for fiscal year 2001
that is provided by the Secretary of Defense under section 1505
of the Weapons of Mass Destruction Control Act of 1992 (22
U.S.C. 5859a) as activities of the Department of Defense in
support of activities under that Act may not exceed
$15,000,000.
(b) Extension of Authority To Provide Assistance.--
Subsection (f) of section 1505 of the Weapons of Mass
Destruction Control Act of 1992 (22 U.S.C. 5859a) is amended *
* *
SEC. 1202. SUPPORT OF CONSULTATIONS ON ARAB AND ISRAELI ARMS CONTROL
AND REGIONAL SECURITY ISSUES.
Of the amount authorized to be appropriated by section
301(5), up to $1,000,000 is available for the support of
programs to promote formal and informal region-wide
consultations among Arab, Israeli, and United States officials
and experts on arms control and security issues concerning the
Middle East region.
SEC. 1203. FURNISHING OF NUCLEAR TEST MONITORING EQUIPMENT TO FOREIGN
GOVERNMENTS.
(a) In General.--Chapter 152 of title 10, United States
Code, is amended * * * \1\
---------------------------------------------------------------------------
\1\ Sec. 1203(a) added a new sec. 2555 to 10 U.S.C., resulting in
two sections designated as sec. 2555. Sec. 1201(a)(1) of the National
Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115
Stat. 1245) redesignated the second sec. 2555 added here as 10 U.S.C.
2565, and amended the section in several places. See Legislation on
Foreign Relations Through 2008, vol. I-B, for the full text of the
redesignated sec. 2565 as amended.
---------------------------------------------------------------------------
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item: * * *
SEC. 1204. ADDITIONAL MATTERS FOR ANNUAL REPORT ON TRANSFERS OF
MILITARILY SENSITIVE TECHNOLOGY TO COUNTRIES AND
ENTITIES OF CONCERN.
Section 1402(b) of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 798) is
amended * * *
* * * * * * *
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
* * * * * * *
Subtitle F--Matters Relating to Defense Nuclear Nonproliferation
SEC. 3171. ANNUAL REPORT ON STATUS OF NUCLEAR MATERIALS PROTECTION,
CONTROL, AND ACCOUNTING PROGRAM.
(a) Report Required.--Not later than January 1 of each
year, the Secretary of Energy 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 status
of efforts during the preceding fiscal year under the Nuclear
Materials Protection, Control, and Accounting Program of the
Department of Energy to secure weapons-usable nuclear materials
in countries where such materials \2\ have been identified as
being at risk for theft or diversion.
---------------------------------------------------------------------------
\2\ Sec. 3153(a) of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2738) struck
out ``Russia that'' and inserted in lieu thereof ``countries where such
materials''.
---------------------------------------------------------------------------
(b) Contents.--Each report under subsection (a) shall
include the following:
(1) The number of buildings, including building
locations in each country covered by subsection (a),\3\
that received complete and integrated materials
protection, control, and accounting systems for nuclear
materials described in subsection (a) during the year
covered by such report.
---------------------------------------------------------------------------
\3\ Sec. 3153(b)(1) of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2738) added
``in each country covered by subsection (a)'' in para. (1). Sec.
3153(b)(2) of that Act struck out ``in Russia'' in para. (2) and
inserted in lieu thereof ``in each such country''. Sec. 3153(b)(3)
added ``in each such country'' in para. (3). Sec. 3153(b)(4) struck out
``by total amount and by amount per fiscal year'' and inserted in lieu
thereof ``by total amount per country and by amount per fiscal year per
country'' in para. (5).
---------------------------------------------------------------------------
(2) The amounts of highly enriched uranium and
plutonium in each such country \3\ that have been
secured under systems described in paragraph (1) as of
the date of such report.
(3) The amount of nuclear materials described in
subsection (a) in each such country \3\ that continues
to require securing under systems described in
paragraph (1) as of the date of such report.
(4) A plan for actions to secure the nuclear
materials identified in paragraph (3) under systems
described in paragraph (1), including an estimate of
the cost of such actions.
(5) The amounts expended through the fiscal year
preceding the date of such report to secure nuclear
materials described in subsection (a) under systems
described in paragraph (1), set forth by total amount
per country and by amount per fiscal year per
country.\3\
(c) Limitation on Use of Certain Funds.--(1) No amounts
authorized to be appropriated for the Department of Energy by
this Act or any other Act for purposes of the Nuclear Materials
Protection, Control, and Accounting Program may be obligated or
expended after September 30, 2000, for any project under the
program at a site controlled by the Russian Ministry of Atomic
Energy (MINATOM) in Russia until the Secretary submits to the
Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a report on the
access policy established with respect to such project,
including a certification that the access policy has been
implemented.
(2) The access policy with respect to a project under this
subsection shall--
(A) permit appropriate determinations by United
States officials regarding security requirements,
including security upgrades, for the project; and
(B) ensure verification by United States officials
that Department of Energy assistance at the project is
being used for the purposes intended.
SEC. 3172. NUCLEAR CITIES INITIATIVE.
(a) In General.--(1) The Secretary of Energy may, in
accordance with the provisions of this section, expand and
enhance the activities of the Department of Energy under the
Nuclear Cities Initiative.
(2) In this section, the term ``Nuclear Cities Initiative''
means the initiative arising pursuant to the joint statement
dated July 24, 1998, signed by the Vice President of the United
States and the Prime Minister of the Russian Federation and the
agreement dated September 22, 1998, between the United States
and the Russian Federation.
(b) Funding for Fiscal Year 2001.--There is hereby
authorized to be appropriated for the Department of Energy for
fiscal year 2001 $30,000,000 for purposes of the Nuclear Cities
Initiative.
(c) Limitation Pending Submission of Agreement.--No amount
authorized to be appropriated or otherwise made available for
the Department of Energy for fiscal year 2001 for the Nuclear
Cities Initiative may be obligated or expended to provide
assistance under the Initiative for more than three nuclear
cities in Russia and two serial production facilities in Russia
until 30 days after the date on which the Secretary of Energy
submits to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of Representatives
a copy of a written agreement between the United States
Government and the Government of the Russian Federation which
provides that Russia will close some of its facilities engaged
in nuclear weapons assembly and disassembly work.
(d) Limitation Pending Implementation of Project Review
Procedures.--(1) Not more than $8,750,000 of the amounts
referred to in subsection (b) may be obligated or expended for
purposes of the Initiative until the Secretary of Energy
establishes and implements project review procedures for
projects under the Initiative and submits to the Committee on
Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report on the
project review procedures so established and implemented.
(2) The project review procedures established under
paragraph (1) shall ensure that any scientific, technical, or
commercial project initiated under the Initiative--
(A) will not enhance the military or weapons of mass
destruction capabilities of Russia;
(B) will not result in the inadvertent transfer or
utilization of products or activities under such
project for military purposes;
(C) will be commercially viable; and
(D) will be carried out in conjunction with an
appropriate commercial, industrial, or nonprofit entity
as partner.
(e) Limitation Pending Certification and Report.--No amount
in excess of $17,500,000 authorized to be appropriated for the
Department of Energy for fiscal year 2001 for the Nuclear
Cities Initiative may be obligated or expended for purposes of
providing assistance under the Initiative until 30 days after
the date on which the Secretary of Energy submits to the
Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives the following:
(1) A copy of the written agreement between the
United States and the Russian Federation which provides
that Russia will close some of its facilities engaged
in nuclear weapons assembly and disassembly work within
five years of the date of the agreement in exchange for
receiving assistance through the Initiative.
(2) A certification by the Secretary--
(A) that project review procedures for all
projects under the Initiative have been
established and are being implemented; and
(B) that those procedures will ensure that
any scientific, technical, or commercial
project initiated under the Initiative--
(i) will not enhance the military or
weapons of mass destruction
capabilities of Russia;
(ii) will not result in the
inadvertent transfer or utilization of
products or activities under such
project for military purposes;
(iii) will be commercially viable
within three years after the date of
the initiation of the project; and
(iv) will be carried out in
conjunction with an appropriate
commercial, industrial, or other
nonprofit entity as partner.
(3) A report setting forth the following:
(A) A description of the project review
procedures process.
(B) A list of the projects under the
Initiative that have been reviewed under such
project review procedures.
(C) A description for each project listed
under subparagraph (B) of the purpose, expected
life-cycle costs, outyear budget costs,
participants, commercial viability, expected
time for income generation, and number of
Russian jobs created.
(f) Plan for Restructuring the Russian Nuclear Complex.--
(1) The President, acting through the Secretary of Energy, is
urged to enter into discussions with the Russian Federation for
purposes of the development by the Russian Federation of a plan
to restructure the Russian nuclear complex in order to meet
changes in the national security requirements of Russia by
2010.
(2) The plan under paragraph (1) should include the
following:
(A) Mechanisms to consolidate the nuclear weapons
production capacity in Russia to a capacity that is
consistent with the obligations of Russia under current
and future arms control agreements.
(B) Mechanisms to increase transparency regarding the
restructuring of the Russian nuclear complex and
weapons-surplus nuclear materials inventories in Russia
to the levels of transparency for such matters in the
United States, including the participation of
Department of Energy officials with expertise in
transparency of such matters.
(C) Measurable milestones that will permit the United
States and the Russian Federation to monitor progress
under the plan.
(g) Encouragement of Careers in Nonproliferation.--(1) In
carrying out actions under this section, the Secretary of
Energy may carry out a program to encourage students in the
United States and in the Russian Federation to pursue careers
in areas relating to nonproliferation.
(2) Of the amounts made available under the Initiative for
fiscal year 2001 in excess of $17,500,000, up to $2,000,000
shall be available for purposes of the program under paragraph
(1).
(3) The Administrator for Nuclear Security shall notify the
Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives before any funds
are expended pursuant to paragraph (2). Any such notification
shall include--
(A) an identification of the amount to be expended
under paragraph (2) during fiscal year 2001;
(B) the recipients of the funds; and
(C) specific information on the activities that will
be conducted using those funds.
(h) Definitions.--In this section:
(1) The term ``nuclear city'' means any of the closed
nuclear cities within the complex of the Russian
Ministry of Atomic Energy as follows:
(A) Sarov (Arzamas-16).
(B) Zarechnyy (Penza-19).
(C) Novoural'sk (Sverdlovsk-44).
(D) Lesnoy (Sverdlovsk-45).
(E) Ozersk (Chelyabinsk-65).
(F) Snezhinsk (Chelyabinsk-70).
(G) Trechgornyy (Zlatoust-36).
(H) Seversk (Tomsk-7).
(I) Zheleznogorsk (Krasnoyarsk-26).
(J) Zelenogorsk (Krasnoyarsk-45).
(2) The term ``Russian nuclear complex'' means all of
the nuclear cities.
(3) The term ``serial production facilities'' means
the facilities in Russia that are located at the
following cities:
(A) Avangard.
(B) Lesnoy (Sverdlovsk-45).
(C) Trechgornyy (Zlatoust-36).
(D) Zarechnyy (Penza-19).
SEC. 3173. DEPARTMENT OF ENERGY NONPROLIFERATION MONITORING.
(a) Report Required.--Not later than March 1, 2001, the
Secretary of Energy 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 efforts of the
Department of Energy to ensure adequate oversight and
accountability of the Department's nonproliferation programs in
Russia and the potential costs and effects of the use of on-
the-ground monitoring for the Department's significant
nonproliferation programs in Russia. The report shall include
the following:
(1) A detailed discussion of the current management
and oversight mechanisms used to ensure that Federal
funds are expended for the intended purposes of those
programs and that the projects are achieving their
intended objectives.
(2) An evaluation of whether those mechanisms are
adequate.
(3) A discussion of whether there is a need for
additional employees of the Department, or of
contractors of the Department, to be stationed in
Russia, or to visit nonproliferation project sites in
Russia on a regular basis, to monitor the programs
carried out at those sites, and an estimate of the
practical considerations and costs of such monitoring.
(4) An identification of each nonproliferation
program and each site at which an employee referred to
in paragraph (3) would be placed to monitor that
program.
(5) A description of the costs associated with
continued on-the-ground monitoring of those programs,
including the costs associated with placing those
employees in Russia.
(6) Recommendations regarding the most cost-effective
option for the Department to pursue to ensure that
Federal funds for those programs are expended for the
intended purposes of those programs.
(7) Any recommendations of the Secretary for further
improvements in the oversight and accountability of
those programs, including any proposed legislation.
(b) GAO Report.--Not later than April 15, 2001, the
Comptroller General shall submit to the committees referred to
in subsection (a) a report setting forth the assessment of the
Comptroller General concerning the information contained in the
report required by that subsection.
SEC. 3174. SENSE OF CONGRESS ON THE NEED FOR COORDINATION OF
NONPROLIFERATION PROGRAMS.
It is the sense of Congress that there should be clear and
effective coordination among--
(1) the Nuclear Cities Initiative;
(2) the Initiatives for Proliferation Prevention
program;
(3) the Cooperative Threat Reduction programs;
(4) the Nuclear Materials Protection, Control, and
Accounting Program; and
(5) the International Science and Technology Center
program.
SEC. 3175. LIMITATION ON USE OF FUNDS FOR INTERNATIONAL NUCLEAR SAFETY
PROGRAM.
Amounts authorized to be appropriated or otherwise made
available by this title for the Department of Energy for fiscal
year 2001 for the International Nuclear Safety Program in the
former Soviet Union and Eastern Europe shall be available only
for purposes of reactor safety upgrades and training relating
to nuclear operator and reactor safety.
* * * * * * *
j. National Defense Authorization Act for Fiscal Year 2000
Partial text of Public Law 106-65 [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 2001; H.R. 5408,
enacted by reference in H.R. 4205], 114 Stat. 1654, approved October
30, 2000; and Public Law 107-107 [National Defense Authorization Act
for Fiscal Year 2002; S. 1438], 115 Stat. 1012, approved December 28,
2001
A BILL 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 XIV--PROLIFERATION AND EXPORT CONTROLS
* * * * * * *
SEC. 1401. ADHERENCE OF PEOPLE'S REPUBLIC OF CHINA TO MISSILE
TECHNOLOGY CONTROL REGIME.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the President should take all actions appropriate
to obtain a bilateral agreement with the People's
Republic of China to adhere to the Missile Technology
Control Regime (MTCR) and the MTCR Annex; and
(2) the People's Republic of China should not be
permitted to join the Missile Technology Control Regime
as a member without having--
(A) agreed to the Missile Technology Control
Regime and the specific provisions of the MTCR
Annex;
(B) demonstrated a sustained and verified
record of performance with respect to the
nonproliferation of missiles and missile
technology; and
(C) adopted an effective export control
system for implementing guidelines under the
Missile Technology Control Regime and the MTCR
Annex.
(b) Report Required.--Not later than January 31, 2000, the
President shall transmit to Congress a report explaining--
(1) the policy and commitments that the People's
Republic of China has stated on its adherence to the
Missile Technology Control Regime and the MTCR Annex;
(2) the degree to which the People's Republic of
China is complying with its stated policy and
commitments on adhering to the Missile Technology
Control Regime and the MTCR Annex; and
(3) actions taken by the United States to encourage
the People's Republic of China to adhere to the Missile
Technology Control Regime and the MTCR Annex.
(c) Definitions.--In this section:
(1) Missile technology control regime.--The term
``Missile Technology Control Regime'' means the policy
statement, between the United States, the United
Kingdom, the Federal Republic of Germany, France,
Italy, Canada, and Japan, announced April 16, 1987, to
restrict sensitive missile-relevant transfers based on
the MTCR Annex, and any amendments thereto.
(2) MTCR annex.--The term ``MTCR Annex'' means the
Guidelines and Equipment and Technology Annex of the
Missile Technology Control Regime, and any amendments
thereto.
SEC. 1402. ANNUAL REPORT ON TRANSFERS OF MILITARILY SENSITIVE
TECHNOLOGY TO COUNTRIES AND ENTITIES OF CONCERN.
(a) Annual Report.--Not later than March 30 of each year
beginning in the year 2000 and ending in the year 2007, the
President shall transmit to Congress a report on transfers to
countries and entities of concern during the preceding calendar
year of the most significant categories of United States
technologies and technical information with potential military
applications.
(b) Contents of Report.--The report required by subsection
(a) shall include, at a minimum, the following:
(1) An assessment by the Director of Central
Intelligence of efforts by countries and entities of
concern to acquire technologies and technical
information referred to in subsection (a) during the
preceding calendar year.
(2) An assessment by the Secretary of Defense, in
consultation with the Joint Chiefs of Staff and the
Director of Central Intelligence, of the cumulative
impact of licenses granted by the United States for
exports of technologies and technical information
referred to in subsection (a) to countries and entities
of concern during the preceding 5-calendar year period
on--
(A) the military capabilities of such
countries and entities; and
(B) countermeasures that may be necessary to
overcome the use of such technologies and
technical information.
(3) An audit by the Inspectors General of the
Departments of Defense, State, Commerce, and Energy, in
consultation with the Director of Central Intelligence
and the Director of the Federal Bureau of
Investigation, of the policies and procedures of the
United States Government with respect to the export of
technologies and technical information referred to in
subsection (a) to countries and entities of concern.
(4) \1\ The status of the implementation or other
disposition of recommendations included in reports of
audits by Inspectors General that have been set forth
in a previous annual report under this section pursuant
to paragraph (3).
---------------------------------------------------------------------------
\1\ Sec. 1204 of the Appendix of Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (H.R. 5408, as enacted by Public
Law 106-398; 114 Stat. 1654A-325) added para. (4).
---------------------------------------------------------------------------
(c) Additional Requirement for First Report.--The first
annual report required by subsection (a) shall include an
assessment by the Inspectors General of the Departments of
State, Defense, Commerce, and the Treasury and the Inspector
General of the Central Intelligence Agency of the adequacy of
current export controls and counterintelligence measures to
protect against the acquisition by countries and entities of
concern of United States technology and technical information
referred to in subsection (a).
(d) Support of Other Agencies.--Upon the request of the
officials responsible for preparing the assessments required by
subsection (b), the heads of other departments and agencies
shall make available to those officials all information
necessary to carry out the requirements of this section.
(e) Classified and Unclassified Reports.--Each report
required by this section shall be submitted in classified form
and unclassified form.
(f) Definition.--As used in this section, the term
``countries and entities of concern'' means--
(1) any country the government of which the Secretary
of State has determined, for purposes of section 6(j)
of the Export Administration Act of 1979 or other
applicable law, to have repeatedly provided support for
acts of international terrorism;
(2) any country that--
(A) has detonated a nuclear explosive device
(as defined in section 830(4) of the Nuclear
Proliferation Prevention Act of 1994 (22 U.S.C.
6305(4)); \2\ and
---------------------------------------------------------------------------
\2\ Sec. 1048(g)(7) of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1228) struck out ``3201
note'' and inserted in lieu thereof ``6305(4)''.
---------------------------------------------------------------------------
(B) is not a member of the North Atlantic
Treaty Organization; and
(3) any entity that--
(A) is engaged in international terrorism or
activities in preparation thereof; or
(B) is directed or controlled by the
government of a country described in paragraph
(1) or (2).
SEC. 1403. RESOURCES FOR EXPORT LICENSE FUNCTIONS.
(a) Office of Defense Trade Controls.--
(1) In general.--The Secretary of State shall take
the necessary steps to ensure that, in any fiscal year,
adequate resources are allocated to the functions of
the Office of Defense Trade Controls of the Department
of State relating to the review and processing of
export license applications so as to ensure that those
functions are performed in a thorough and timely
manner.
(2) Availability of existing appropriations.--The
Secretary of State shall take the necessary steps to
ensure that those funds made available under the
heading ``Administration of Foreign Affairs, Diplomatic
and Consular Programs'' in title IV of the Departments
of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 1999, as contained
in the Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999 (Public Law 105-277) are made
available, upon the enactment of this Act, to the
Office of Defense Trade Controls of the Department of
State to carry out the purposes of the Office.
(b) Defense Threat Reduction Agency.--The Secretary of
Defense shall take the necessary steps to ensure that, in any
fiscal year, adequate resources are allocated to the functions
of the Defense Threat Reduction Agency of the Department of
Defense relating to the review of export license applications
so as to ensure that those functions are performed in a
thorough and timely manner.
(c) Updating of State Department Report.--Not later than
March 1, 2000, the Secretary of State, in consultation with the
Secretary of Defense and the Secretary of Commerce, shall
transmit to Congress a report updating the information reported
to Congress under section 1513(d)(3) of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (22
U.S.C. 2778 note).
SEC. 1404. SECURITY IN CONNECTION WITH SATELLITE EXPORT LICENSING.
As a condition of the export license for any satellite to
be launched in a country subject to section 1514 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year
1999 (22 U.S.C. 2778 note), the Secretary of State shall
require the following:
(1) That the technology transfer control plan
required by section 1514(a)(1) of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999
(22 U.S.C. 2778 note) be prepared by the Department of
Defense and the licensee, and that the plan set forth
enhanced security arrangements for the launch of the
satellite, both before and during launch operations.
(2) That each person providing security for the
launch of that satellite--
(A) report directly to the launch monitor
with regard to issues relevant to the
technology transfer control plan;
(B) have received appropriate training in the
International Trafficking in Arms Regulations
(hereafter in this title referred to as
``ITAR'').
(C) have significant experience and expertise
with satellite launches; and
(D) have been investigated in a manner at
least as comprehensive as the investigation
required for the issuance of a security
clearance at the level designated as
``Secret''.
(3) That the number of such persons providing
security for the launch of the satellite shall be
sufficient to maintain 24-hour security of the
satellite and related launch vehicle and other
sensitive technology.
(4) That the licensee agree to reimburse the
Department of Defense for all costs associated with the
provision of security for the launch of the satellite.
SEC. 1405. REPORTING OF TECHNOLOGY TRANSMITTED TO PEOPLE'S REPUBLIC OF
CHINA AND OF FOREIGN LAUNCH SECURITY VIOLATIONS.
(a) Monitoring of Information.--The Secretary of Defense
shall require that space launch monitors of the Department of
Defense assigned to monitor launches in the People's Republic
of China maintain records of all information authorized to be
transmitted to the People's Republic of China with regard to
each space launch that the monitors are responsible for
monitoring, including copies of any documents authorized for
such transmission, and reports on launch-related activities.
(b) Transmission to Other Agencies.--The Secretary of
Defense shall ensure that records under subsection (a) are
transmitted on a current basis to appropriate elements of the
Department of Defense and to the Department of State, the
Department of Commerce, and the Central Intelligence Agency.
(c) Retention of Records.--Records described in subsection
(a) shall be retained for at least the period of the statute of
limitations for violations of the Arms Export Control Act.
(d) Guidelines.--The Secretary of Defense shall prescribe
guidelines providing space launch monitors of the Department of
Defense with the responsibility and the ability to report
serious security violations, problems, or other issues at an
overseas launch site directly to the headquarters office of the
responsible Department of Defense component.
SEC. 1406. REPORT ON NATIONAL SECURITY IMPLICATIONS OF EXPORTING HIGH-
PERFORMANCE COMPUTERS TO THE PEOPLE'S REPUBLIC OF
CHINA.
(a) Review.--The President, in consultation with the
Secretary of Defense and the Secretary of Energy, shall conduct
a comprehensive review of the national security implications of
exporting high-performance computers to the People's Republic
of China. To the extent that such testing has not already been
conducted by the Government, the President, as part of the
review, shall conduct empirical testing of the extent to which
national security-related operations can be performed using
clustered, massively-parallel processing or other combinations
of computers.
(b) Report.--The President 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
results of the review conducted under subsection (a). The
report shall be submitted not later than 6 months after the
date of the enactment of this Act in classified and
unclassified form and shall be updated not later than February
1 of each of the years 2001 through 2004.
SEC. 1407. END-USE VERIFICATION FOR USE BY PEOPLE'S REPUBLIC OF CHINA
OF HIGH-PERFORMANCE COMPUTERS.
(a) Revised HPC Verification System.--The President shall
seek to enter into an agreement with the People's Republic of
China to revise the existing verification system with the
People's Republic of China with respect to end-use verification
for high-performance computers exported or to be exported to
the People's Republic of China so as to provide for an open and
transparent system providing for effective end-use verification
for such computers. The President shall transmit a copy of any
such agreement to Congress.
(b) Definition.--As used in this section and section 1406,
the term ``high-performance computer'' means a computer which,
by virtue of its composite theoretical performance level, would
be subject to section 1211 of the National Defense
Authorization Act for Fiscal Year 1998 (50 U.S.C. App. 2404
note).
(c) Adjustment of Composite Theoretical Performance Levels
for Post-shipment Verification.--Section 1213 of the National
Defense Authorization Act for Fiscal Year 1998 (50 U.S.C. App.
2404 note) is amended * * *
SEC. 1408. ENHANCED MULTILATERAL EXPORT CONTROLS.
(a) New International Controls.--The President shall seek
to establish new enhanced international controls on technology
transfers that threaten international peace and United States
national security.
(b) Improved Sharing of Information.--The President shall
take appropriate actions to improve the sharing of information
by nations that are major exporters of technology so that the
United States can track movements of technology covered by the
Wassenaar Arrangement and enforce technology controls and re-
export requirements for such technology.
(c) Definition.--As used in this section, the term
``Wassenaar Arrangement'' means the multilateral export control
regime covering conventional armaments and sensitive dual-use
goods and technologies that was agreed to by 33 co-founding
countries in July 1996 and began operation in September 1996.
SEC. 1409. ENHANCEMENT OF ACTIVITIES OF DEFENSE THREAT REDUCTION
AGENCY.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
prescribe regulations to--
(1) authorize the personnel of the Defense Threat
Reduction Agency (DTRA) who monitor satellite launch
campaigns overseas to suspend such campaigns at any
time if the suspension is required for purposes of the
national security of the United States;
(2) ensure that persons assigned as space launch
campaign monitors are provided sufficient training and
have adequate experience in the regulations prescribed
by the Secretary of State known as the ITAR and have
significant experience and expertise with satellite
technology, launch vehicle technology, and launch
operations technology;
(3) ensure that adequate numbers of such monitors are
assigned to space launch campaigns so that 24-hour, 7-
day per week coverage is provided;
(4) take steps to ensure, to the maximum extent
possible, the continuity of service by monitors for the
entire space launch campaign period (from satellite
marketing to launch and, if necessary, completion of a
launch failure analysis);
(5) adopt measures designed to make service as a
space launch campaign monitor an attractive career
opportunity;
(6) allocate funds and other resources to the Agency
at levels sufficient to prevent any shortfalls in the
number of such personnel;
(7) establish mechanisms in accordance with the
provisions of section 1514(a)(2)(A) of the Strom
Thurmond National Defense Authorization Act for Fiscal
Year 1999 (Public Law 105-261; 112 Stat. 2175; 22
U.S.C. 2778 note) that provide for--
(A) the payment to the Department of Defense
by the person or entity receiving the launch
monitoring services concerned, before the
beginning of a fiscal year, of an amount equal
to the amount estimated to be required by the
Department to monitor the launch campaigns
during that fiscal year;
(B) the reimbursement of the Department of
Defense, at the end of each fiscal year, for
amounts expended by the Department in
monitoring the launch campaigns in excess of
the amount provided under subparagraph (A); and
(C) the reimbursement of the person or entity
receiving the launch monitoring services if the
amount provided under subparagraph (A) exceeds
the amount actually expended by the Department
of Defense in monitoring the launch campaigns;
(8) review and improve guidelines on the scope of
permissible discussions with foreign persons regarding
technology and technical information, including the
technology and technical information that should not be
included in such discussions;
(9) provide, in conjunction with other Federal
agencies, on at least an annual basis, briefings to the
officers and employees of United States commercial
satellite entities on United States export license
standards, guidelines, and restrictions, and encourage
such officers and employees to participate in such
briefings;
(10) establish a system for--
(A) the preparation and filing by personnel
of the Agency who monitor satellite launch
campaigns overseas of detailed reports of all
relevant activities observed by such personnel
in the course of monitoring such campaigns;
(B) the systematic archiving of reports filed
under subparagraph (A); and
(C) the preservation of such reports in
accordance with applicable laws; and
(11) establish a counterintelligence program within
the Agency as part of its satellite launch monitoring
program.
(b) Annual Report on Implementation of Satellite Technology
Safeguards.--(1) The Secretary of Defense and the Secretary of
State shall each submit to Congress each year, as part of the
annual report for that year under section 1514(a)(8) of the
Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999, the following:
(A) A summary of the satellite launch campaigns and
related activities monitored by the Defense Threat
Reduction Agency during the preceding fiscal year.
(B) A description of any license infractions or
violations that may have occurred during such campaigns
and activities.
(C) A description of the personnel, funds, and other
resources dedicated to the satellite launch monitoring
program of the Agency during that fiscal year.
(D) An assessment of the record of United States
satellite makers in cooperating with Agency monitors,
and in complying with United States export control
laws, during that fiscal year.
(2) Each report under paragraph (1) shall be submitted in
classified form and unclassified form.
SEC. 1410. TIMELY NOTIFICATION OF LICENSING DECISIONS BY THE DEPARTMENT
OF STATE.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of State shall prescribe regulations to
provide timely notice to the manufacturer of a commercial
satellite of United States origin of the final determination of
the decision on the application for a license involving the
overseas launch of such satellite.
SEC. 1411. ENHANCED INTELLIGENCE CONSULTATION ON SATELLITE LICENSE
APPLICATIONS.
(a) Consultation During Review of Applications.--The
Secretary of State and Secretary of Defense, as appropriate,
shall consult with the Director of Central Intelligence during
the review of any application for a license involving the
overseas launch of a commercial satellite of United States
origin. The purpose of the consultation is to assure that the
launch of the satellite, if the license is approved, will meet
the requirements necessary to protect the national security
interests of the United States.
(b) Advisory Group.--(1) The Director of Central
Intelligence shall establish within the intelligence community
an advisory group to provide information and analysis to
Congress, and to appropriate departments and agencies of the
Federal Government, on the national security implications of
granting licenses involving the overseas launch of commercial
satellites of United States origin.
(2) The advisory group shall include technically-qualified
representatives of the Central Intelligence Agency, the Defense
Intelligence Agency, the National Security Agency, the National
Air Intelligence Center, and the Department of State Bureau of
Intelligence and Research and representatives of other elements
of the intelligence community with appropriate expertise.
(3) In addition to the duties under paragraph (1), the
advisory group shall--
(A) review, on a continuing basis, information
relating to transfers of satellite, launch vehicle, or
other technology or knowledge with respect to the
course of the overseas launch of commercial satellites
of United States origin; and
(B) analyze the potential impact of such transfers on
the space and military systems, programs, or activities
of foreign countries.
(4) The Director of the Nonproliferation Center of the
Central Intelligence Agency shall serve as chairman of the
advisory group.
(5)(A) The advisory group shall, upon request (but not less
often than annually), submit reports on the matters referred to
in paragraphs (1) and (3) to the appropriate committees of
Congress and to appropriate departments and agencies of the
Federal Government.
(B) The first annual report under subparagraph (A) shall be
submitted not later than one year after the date of the
enactment of this Act.
(c) Intelligence Community Defined.--In this section, the
term ``intelligence community'' has the meaning given that term
in section 3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)).
SEC. 1412. INVESTIGATIONS OF VIOLATIONS OF EXPORT CONTROLS BY UNITED
STATES SATELLITE MANUFACTURERS.
(a) Notice to Congress of Investigations.--The President
shall promptly notify the appropriate committees of Congress
whenever an investigation is undertaken by the Department of
Justice of--
(1) an alleged violation of United States export
control laws in connection with a commercial satellite
of United States origin; or
(2) an alleged violation of United States export
control laws in connection with an item controlled
under section 38 of the Arms Export Control Act (22
U.S.C. 2778) that is likely to cause significant harm
or damage to the national security interests of the
United States.
(b) Notice to Congress of Certain Export Waivers.--The
President shall promptly notify the appropriate committees of
Congress whenever an export waiver pursuant to section 902 of
the Foreign Relations Authorization Act, Fiscal Years 1990 and
1991 (22 U.S.C. 2151 note) is granted on behalf of any United
States person that is the subject of an investigation described
in subsection (a). The notice shall include a justification for
the waiver.
(c) Exception.--The requirements in subsections (a) and (b)
shall not apply if the President determines that notification
of the appropriate committees of Congress under such
subsections would jeopardize an on-going criminal
investigation. If the President makes such a determination, the
President shall provide written notification of such
determination to the Speaker of the House of Representatives,
the majority leader of the Senate, the minority leader of the
House of Representatives, and the minority leader of the
Senate. The notification shall include a justification for the
determination.
(d) Identification of Persons Subject to Investigation.--
The Secretary of State and the Attorney General shall develop
appropriate mechanisms to identify, for the purposes of
processing export licenses for commercial satellites, persons
who are the subject of an investigation described in subsection
(a).
(e) Protection of Classified and Other Sensitive
Information.--The appropriate committees of Congress shall
ensure that appropriate procedures are in place to protect from
unauthorized disclosure classified information, information
relating to intelligence sources and methods, and sensitive law
enforcement information that is furnished to those committees
pursuant to this section.
(f) Statutory Construction.--Nothing in this section shall
be construed to modify or supersede any other requirement to
report information on intelligence activities to Congress,
including the requirement under section 501 of the National
Security Act of 1947 (50 U.S.C. 413).
(g) Definitions.--As used in this section:
(1) The term ``appropriate committees of Congress''
means the following:
(A) The Committee on Armed Services, the
Committee on Foreign Relations, and the Select
Committee on Intelligence of the Senate.
(B) The Committee on Armed Services, the
Committee on International Relations, and the
Permanent Select Committee on Intelligence of
the House of Representatives.
(2) The term ``United States person'' means any
United States resident or national (other than an
individual resident outside the United States and
employed by other than a United States person), any
domestic concern (including any permanent domestic
establishment of any foreign concern), and any foreign
subsidiary or affiliate (including any permanent
foreign establishment) of any domestic concern which is
controlled in fact by such domestic concern, as
determined under regulations of the President.
TITLE XV--ARMS CONTROL AND COUNTERPROLIFERATION MATTERS
* * * * * * *
SEC. 1501. REVISION TO LIMITATION ON RETIREMENT OR DISMANTLEMENT OF
STRATEGIC NUCLEAR DELIVERY SYSTEMS.
(a) Revised Limitation.--Subsections (a) and (b) of section
1302 of the National Defense Authorization Act for Fiscal Year
1998 (Public Law 105-85; 111 Stat. 1948) are amended to read as
follows: * * *
(b) Conforming Amendments.--Such section is further
amended--
(1) in subsection (c)(2), by striking ``during the
strategic delivery systems retirement limitation
period'' and inserting ``during the fiscal year during
which the START II Treaty enters into force''; and
(2) by striking subsection (g).
SEC. 1502. SENSE OF CONGRESS ON STRATEGIC ARMS REDUCTIONS.
It is the sense of Congress that, in negotiating a START
III Treaty with the Russian Federation, or any other arms
control treaty with the Russian Federation that would require
reductions in United States strategic nuclear forces, that--
(1) the strategic nuclear forces and nuclear
modernization programs of the People's Republic of
China and every other nation possessing nuclear weapons
should be taken into full consideration in the
negotiation of such treaty; and
(2) the reductions in United States strategic nuclear
forces under such a treaty should not be to such an
extent as to impede the capability of the United States
to respond militarily to any militarily significant
increase in the threat to United States security or
strategic stability posed by the People's Republic of
China and any other nation.
SEC. 1503. REPORT ON STRATEGIC STABILITY UNDER START III.
(a) Report.--Not later than September 1, 2000, 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, to be prepared in
consultation with the Director of Central Intelligence, on the
stability of the future strategic nuclear posture of the United
States for deterring the Russian Federation and other potential
nuclear adversaries.
(b) Matters To Be Included.--The Secretary shall, at a
minimum, include in the report the following:
(1) A discussion of the policy defining the
deterrence and military-political objectives of the
United States against potential nuclear adversaries.
(2) A discussion of the military requirements for
United States nuclear forces, the force structure and
capabilities necessary to meet those requirements, and
how they relate to the achievement of the objectives
identified under paragraph (1).
(3) A projection of the strategic nuclear force
posture of the United States and the Russian Federation
that is anticipated under a further Strategic Arms
Reduction Treaty (referred to as ``START III''), and an
explanation of whether and how United States nuclear
forces envisioned under that posture would be capable
of meeting the military sufficiency requirements
identified under paragraph (2).
(4) The Secretary's assessment of Russia's nuclear
force posture under START III compared to its present
force, including its size, vulnerability, and
capability for launch on tactical warning, and an
assessment of whether strategic stability would be
enhanced or diminished under START III, including any
stabilizing and destabilizing factors and possible
incentives or disincentives for Russia to launch a
first strike, or otherwise use nuclear weapons, against
the United States in a possible future crisis.
(5) The Secretary's assessment of the nuclear weapon
capabilities of China and other potential nuclear
weapon ``rogue'' states in the foreseeable future, and
an assessment of the effect of these capabilities on
strategic stability, including their ability and
inclination to use nuclear weapons against the United
States in a possible future crisis.
(6) The Secretary's assessment of whether asymmetries
between the United States and Russia, including
doctrine, nonstrategic nuclear weapons, and active and
passive defenses, are likely to erode strategic
stability in the foreseeable future.
(7) Any other matters the Secretary believes are
important to such a consideration of strategic
stability under future nuclear postures.
(c) Classification.--The report shall be submitted in
classified form and, to the extent possible, in unclassified
form.
SEC. 1504. COUNTERPROLIFERATION PROGRAM REVIEW COMMITTEE.
(a) Extension of Committee.--Subsection (f) of section 1605
of the National Defense Authorization Act for Fiscal Year 1994
(22 U.S.C. 2751 note) is amended * * *
(b) Executive Secretary of the Committee.--Paragraph (5) of
subsection (a) of that section is amended * * *
(c) Earlier Deadline for Annual Report on Counter-
proliferation Activities and Programs.--Section 1503(a) of the
National Defense Authorization Act for Fiscal Year 1995 (22
U.S.C. 2751 note) is amended * * *
SEC. 1505. SUPPORT OF UNITED NATIONS-SPONSORED EFFORTS TO INSPECT AND
MONITOR IRAQI WEAPONS ACTIVITIES.
(a) Limitation on Amount of Assistance in Fiscal Year
2000.--The total amount of the assistance for fiscal year 2000
that is provided by the Secretary of Defense under section 1505
of the Weapons of Mass Destruction Control Act of 1992 (22
U.S.C. 5859a) as activities of the Department of Defense in
support of activities under that Act may not exceed
$15,000,000.
(b) Extension of Authority To Provide Assistance.--
Subsection (f) of section 1505 of the Weapons of Mass
Destruction Control Act of 1992 (22 U.S.C. 5859a) is amended *
* *
(c) References to United Nations Special Commission on Iraq
and to Fiscal Limitations.--(1) Subsection (b)(2) of such
section is amended * * *
* * * * * * *
k. Strom Thurmond National Defense Authorization Act for Fiscal Year
1999
Partial text of Public Law 105-261 [H.R. 3616], 112 Stat. 1920,
approved October 17, 1998; 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 106-65
[National Defense Authorization Act for Fiscal Year 2000; S. 1059], 113
Stat. 512, approved October 5, 1999; and Public Law 106-113 [H.R. 3427,
enacted by reference in H.R. 3194], 113 Stat. 1501, approved November
29, 1999
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 XV--ARMS CONTROL MATTERS
* * * * * * *
Subtitle A--Arms Control Matters
SEC. 1501. ONE-YEAR EXTENSION OF LIMITATION ON RETIREMENT OR
DISMANTLEMENT OF STRATEGIC NUCLEAR DELIVERY
SYSTEMS.
Section 1302 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1948) is
amended-- * * *
SEC. 1502.\1\ TRANSMISSION OF EXECUTIVE BRANCH REPORTS PROVIDING
CONGRESS WITH CLASSIFIED SUMMARIES OF ARMS CONTROL
DEVELOPMENTS.
(a) Reporting Requirement.--The Director of the Arms
Control and Disarmament Agency (or the Secretary of State, if
the Arms Control and Disarmament Agency becomes an element of
the Department of State) shall transmit to the Committee on
Armed Services \2\ of the House of Representatives on a
periodic basis reports containing classified summaries of arms
control developments.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 2593a note.
\2\ Sec. 1067(3) of Public Law 106-65 (113 Stat. 774) struck out
``Committee on National Security'' and inserted in lieu thereof
``Committee on Armed Services''.
---------------------------------------------------------------------------
(b) Contents of Reports.--The reports required by
subsection (a) shall include information reflecting the
activities of forums established to consider issues relating to
treaty implementation and treaty compliance.
SEC. 1503. REPORT ON ADEQUACY OF EMERGENCY COMMUNICATIONS CAPABILITIES
BETWEEN UNITED STATES AND RUSSIA.
Not later than 3 months after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee on
National Security of the House of Representatives a report on
the status and adequacy of current direct communications
capabilities between the governments of the United States and
Russia. The report shall identify each existing direct
communications link between those governments and each such
link that is designed to be used, or is available to be used,
in an emergency situation. The Secretary shall describe in the
report any shortcomings with the existing communications
capabilities and shall include such proposals as the Secretary
considers appropriate to improve those capabilities. In
considering improvements to propose, the Secretary shall assess
the feasibility and desirability of establishing a direct
communications link between the commanders of appropriate
United States unified and specified commands, including the
United States Space Command and the United States Strategic
Command, and their Russian counterparts.
SEC. 1504. RUSSIAN NONSTRATEGIC NUCLEAR WEAPONS.
(a) Findings.--The Congress makes the following findings:
(1) The 7,000 to 12,000 or more nonstrategic (or
``tactical'') nuclear weapons estimated by the United
States Strategic Command to be in the Russian arsenal
may present the greatest threat of sale or theft of a
nuclear warhead in the world today.
(2) As the number of deployed strategic warheads in
the Russian and United States arsenals declines to just
a few thousand under the START accords, Russia's vast
superiority in tactical nuclear warheads--many of which
have yields equivalent to strategic nuclear weapons--
could become strategically destabilizing.
(3) While the United States has unilaterally reduced
its inventory of tactical nuclear weapons by nearly 90
percent since the end of the Cold War, Russia is behind
schedule in implementing the steep tactical nuclear
arms reductions pledged by former Soviet President
Gorbachev in 1991 and Russian President Yeltsin in
1992, perpetuating the dangers from Russia's tactical
nuclear stockpile.
(b) Sense of Congress.--It is the sense of Congress that
the President should call on Russia to expedite reduction of
its tactical nuclear arsenal in accordance with the promises
made in 1991 and 1992.
(c) Report.--Not later than March 15, 1999, the Secretary
of Defense shall submit to Congress a report on the
nonstrategic nuclear weapons of Russia. The report shall
include--
(1) estimates regarding the current numbers, types,
yields, viability, and locations of those weapons;
(2) an assessment of the strategic implications of
Russia's nonstrategic arsenal, including the potential
use of those weapons in a strategic role or the use of
their components in strategic nuclear systems and the
potential of Russian superiority in tactical nuclear
weapons to destabilize the overall nuclear balance as
strategic nuclear weapons are sharply reduced under the
START accords;
(3) an assessment of the extent of the current threat
of theft, sale, or unauthorized use of the warheads of
those weapons, including an analysis of Russian command
and control as it concerns the use of tactical nuclear
weapons;
(4) a summary of past, current, and planned efforts
to work cooperatively with Russia to account for,
secure, and reduce Russia's stockpile of tactical
nuclear weapons and associated fissile material;
(5) a summary of how the United States would prevent,
or plans to cope militarily with, scenarios in which a
deterioration in relations with Moscow causes Russia to
redeploy tactical nuclear weapons or in which Russia
threatens to employ, or actually employs, tactical
nuclear weapons in a local or regional conflict
involving the United States or allies of the United
States; and
(6) an assessment of the steps that could be taken by
the United States to enhance military preparedness in
order (A) to deter any potential attempt by Russia to
possibly exploit its advantage in tactical nuclear
weapons through coercive ``nuclear diplomacy'' or on
the battlefield, or (B) to counter Russia if Russia
should make such an attempt to exploit its advantage in
tactical nuclear weapons.
(d) Views.--The Secretary of Defense shall include in the
report under subsection (c) the views of the Director of
Central Intelligence and of the commander of the United States
Strategic Command.
Subtitle B--Satellite Export Controls
SEC. 1511.\3\ SENSE OF CONGRESS.
It is the sense of Congress that--
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\3\ 22 U.S.C. 2778 note.
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(1) United States business interests must not be
placed above United States national security interests;
(2) United States foreign policy and the policies of
the United States regarding commercial relations with
other countries should affirm the importance of
observing and adhering to the Missile Technology
Control Regime (MTCR);
(3) the United States should encourage universal
observance of the Guidelines to the Missile Technology
Control Regime;
(4) the exportation or transfer of advanced
communication satellites and related technologies from
United States sources to foreign recipients should not
increase the risks to the national security of the
United States;
(5) due to the military sensitivity of the
technologies involved, it is in the national security
interests of the United States that United States
satellites and related items be subject to the same
export controls that apply under United States law and
practices to munitions;
(6) the United States should not issue any blanket
waiver of the suspensions contained in section 902 of
the Foreign Relations Authorization Act, Fiscal Years
1990 and 1991 (Public Law 101-246), regarding the
export of satellites of United States origin intended
for launch from a launch vehicle owned by the People's
Republic of China;
(7) the United States should pursue policies that
protect and enhance the United States space launch
industry; and
(8) the United States should not export to the
People's Republic of China missile equipment or
technology that would improve the missile or space
launch capabilities of the People's Republic of China.
SEC. 1512.\4\ CERTIFICATION OF EXPORTS OF MISSILE EQUIPMENT OR
TECHNOLOGY TO CHINA.
(a) \5\ Certification.--The President shall certify to the
Congress at least 15 days in advance of any export to the
People's Republic of China of missile equipment or technology
(as defined in section 74 of the Arms Export Control Act (22
U.S.C. 2797c)) that--
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\4\ 22 U.S.C. 2778 note. On May 10, 1999, the President certified
to Congress ``that the export to the People's Republic of China of
satellite fuels and separation systems for the U.S.-origin Iridium
commercial communications satellite program: (1) is not detrimental to
the United States space launch industry; and (2) the material and
equipment, including any indirect technical benefit that could be
derived from such export, will not measurably improve the missile or
space launch capabilities of the People's Republic of China.''
(Congressional Record, May 11, 1999, page S5029).
\5\ Sec. 146 of Public Law 105-277 (112 Stat. 2681-610) struck out
``The'' and inserted in lieu thereof ``(a) Certification.--The''; and
added a new subsec. (b).
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(1) such export is not detrimental to the United
States space launch industry; and
(2) the missile equipment or technology, including
any indirect technical benefit that could be derived
from such export, will not measurably improve the
missile or space launch capabilities of the People's
Republic of China.
(b) \5\ Exception.--The certification requirement contained
in subsection (a) shall not apply to the export of inertial
reference units and components in manned civilian aircraft or
supplied as spare or replacement parts for such aircraft.
SEC. 1513.\6\ SATELLITE CONTROLS UNDER THE UNITED STATES MUNITIONS
LIST.
(a) Control of Satellites on the United States Munitions
List.--Notwithstanding any other provision of law, all
satellites and related items that are on the Commerce Control
List of dual-use items in the Export Administration Regulations
(15 CFR part 730 et seq.) on the date of the enactment of this
Act shall be transferred to the United States Munitions List
and controlled under section 38 of the Arms Export Control Act
(22 U.S.C. 2778).
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\6\ 22 U.S.C. 2778 note.
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(b) Defense Trade Controls Registration Fees.--Section 45
of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2717) is amended-- * * *
(c) Effective Date.--(1) Subsection (a) shall take effect
on March 15, 1999, and shall not apply to any export license
issued before such effective date or to any export license
application made under the Export Administration Regulations
before such effective date.
(2) The amendments made by subsection (b) shall be
effective as of October 1, 1998.
(d) Report.--Not later than January 1, 1999, the Secretary
of State, in consultation with the Secretary of Defense and the
Secretary of Commerce, shall submit to Congress a report
containing--
(1) a detailed description of the plans of the
Department of State to implement the requirements of
this section, including any organizational changes that
are required and any Executive orders or regulations
that may be required;
(2) an identification and explanation of any steps
that should be taken to improve the license review
process for exports of the satellites and related items
described in subsection (a), including measures to
shorten the timelines for license application reviews,
and any measures relating to the transparency of the
license review process and dispute resolution
procedures;
(3) an evaluation of the adequacy of resources
available to the Department of State, including fiscal
and personnel resources, to carry out the additional
activities required by this section; and
(4) any recommendations for additional actions,
including possible legislation, to improve the export
licensing process under the Arms Export Control Act for
the satellites and related items described in
subsection (a).
SEC. 1514.\7\ NATIONAL SECURITY CONTROLS ON SATELLITE EXPORT LICENSING.
(a) Actions by the President.--Notwithstanding any other
provision of law, the President shall take such actions as are
necessary to implement the following requirements for improving
national security controls in the export licensing of
satellites and related items:
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\7\ 22 U.S.C. 2778 note.
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(1) Mandatory technology control plans.--All export
licenses shall require a technology transfer control
plan approved by the Secretary of Defense and an
encryption technology transfer control plan approved by
the Director of the National Security Agency.
(2) Mandatory monitors and reimbursement.--
(A) Monitoring of proposed foreign launch of
satellites.--In any case in which a license is
approved for the export of a satellite or
related items for launch in a foreign country,
the Secretary of Defense shall monitor all
aspects of the launch in order to ensure that
no unauthorized transfer of technology occurs,
including technical assistance and technical
data. The costs of such monitoring services
shall be fully reimbursed to the Department of
Defense by the person or entity receiving such
services. All reimbursements received under
this subparagraph shall be credited to current
appropriations available for the payment of the
costs incurred in providing such services.
(B) Contents of monitoring.--The monitoring
under subparagraph (A) shall cover, but not be
limited to--
(i) technical discussions and
activities, including the design,
development, operation, maintenance,
modification, and repair of satellites,
satellite components, missiles, other
equipment, launch facilities, and
launch vehicles;
(ii) satellite processing and launch
activities, including launch
preparation, satellite transportation,
integration of the satellite with the
launch vehicle, testing and checkout
prior to launch, satellite launch, and
return of equipment to the United
States;
(iii) activities relating to launch
failure, delay, or cancellation,
including post-launch failure
investigations; and
(iv) all other aspects of the launch.
(3) Mandatory licenses for crash-investigations.--In
the event of the failure of a launch from a foreign
country of a satellite of United States origin--
(A) the activities of United States persons
or entities in connection with any subsequent
investigation of the failure are subject to the
controls established under section 38 of the
Arms Export Control Act, including requirements
for licenses issued by the Secretary of State
for participation in that investigation;
(B) officials of the Department of Defense
shall monitor all activities associated with
the investigation to insure against
unauthorized transfer of technical data or
services; and
(C) the Secretary of Defense shall establish
and implement a technology transfer control
plan for the conduct of the investigation to
prevent the transfer of information that could
be used by the foreign country to improve its
missile or space launch capabilities.
(4) Mandatory notification and certification.--All
technology transfer control plans for satellites or
related items shall require any United States person or
entity involved in the export of a satellite of United
States origin or related items to notify the Department
of Defense in advance of all meetings and interactions
with any foreign person or entity providing launch
services and require the United States person or entity
to certify after the launch that it has complied with
this notification requirement.
(5) Mandatory intelligence community review.--The
Secretary of Commerce and the Secretary of State shall
provide to the Secretary of Defense and the Director of
Central Intelligence copies of all export license
applications and technical assistance agreements
submitted for approval in connection with launches in
foreign countries of satellites to verify the
legitimacy of the stated end-user or end-users.
(6) Mandatory sharing of approved licenses and
agreements.--The Secretary of State shall provide
copies of all approved export licenses and technical
assistance agreements associated with launches in
foreign countries of satellites to the Secretaries of
Defense and Energy, the Director of Central
Intelligence, and the Director of the Arms Control and
Disarmament Agency.
(7) Mandatory notification to congress on licenses.--
Upon issuing a license for the export of a satellite or
related items for launch in a foreign country, the head
of the department or agency issuing the license shall
so notify Congress.
(8) Mandatory reporting on monitoring activities.--
The Secretary of Defense shall provide to Congress an
annual report on the monitoring of all launches in
foreign countries of satellites of United States
origin.
(9) Establishing safeguards program.--The Secretary
of Defense shall establish a program for recruiting,
training, and maintaining a staff dedicated to
monitoring launches in foreign countries of satellites
and related items of United States origin.
(b) Exception.--This section shall not apply to the export
of a satellite or related items for launch in, or by nationals
of, a country that is a member of the North Atlantic Treaty
Organization or that is a major non-NATO ally of the United
States.
(c) Effective Date.--The President shall take the actions
required by subsection (a) not later than 45 days after the
date of the enactment of this Act.
SEC. 1515.\8\ REPORT ON EXPORT OF SATELLITES FOR LAUNCH BY PEOPLE'S
REPUBLIC OF CHINA.
(a) Requirement for Report.--Each report to Congress
submitted pursuant to subsection (b) of section 902 of the
Foreign Relations Authorization Act, Fiscal Years 1990 and 1991
(22 U.S.C. 2151 note; Public Law 101-246) to waive the
restrictions contained in subsection (a) of that section on the
export to the People's Republic of China of any satellite of
United States origin or related items shall be accompanied by a
detailed justification setting forth the following:
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\8\ 22 U.S.C. 2778 note.
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(1) A detailed description of all militarily
sensitive characteristics integrated within, or
associated with, the satellite.
(2) An estimate of the number of United States
civilian contract personnel expected to be needed in
country to carry out the proposed satellite launch.
(3)(A) A detailed description of the United States
Government's plan to monitor the proposed satellite
launch to ensure that no unauthorized transfer of
technology occurs, together with an estimate of the
number of officers and employees of the United States
that are expected to be needed in country to carry out
monitoring of the proposed satellite launch; and
(B) the estimated cost to the Department of Defense
of monitoring the proposed satellite launch and the
amount of such cost that is to be reimbursed to the
department.
(4) The reasons why the proposed satellite launch is
in the national security interest of the United States.
(5) The impact of the proposed export on employment
in the United States, including the number of new jobs
created in the United States, on a State-by-State
basis, as a direct result of the proposed export.
(6) The number of existing jobs in the United States
that would be lost, on a State-by-State basis, as a
direct result of the proposed export not being
licensed.
(7) The impact of the proposed export on the balance
of trade between the United States and the People's
Republic of China and on reducing the current United
States trade deficit with the People's Republic of
China.
(8) The impact of the proposed export on the
transition of the People's Republic of China from a
nonmarket economy to a market economy and the long-term
economic benefit to the United States.
(9) The impact of the proposed export on opening new
markets to United States-made products through the
purchase by the People's Republic of China of United
States-made goods and services not directly related to
the proposed export.
(10) The impact of the proposed export on reducing
acts, policies, and practices that constitute
significant trade barriers to United States exports or
foreign direct investment in the People's Republic of
China by United States nationals.
(11) The increase that will result from the proposed
export in the overall market share of the United States
for goods and services in comparison to Japan, France,
Germany, the United Kingdom, and Russia.
(12) The impact of the proposed export on the
willingness of the People's Republic of China to modify
its commercial and trade laws, practices, and
regulations to make United States-made goods and
services more accessible to that market.
(13) The impact of the proposed export on the
willingness of the People's Republic of China to reduce
formal and informal trade barriers and tariffs, duties,
and other fees on United States-made goods and services
entering that country.
(b) Militarily Sensitive Characteristics Defined.--In this
section, the term ``militarily sensitive characteristics''
includes antijamming capability, antennas, crosslinks, baseband
processing, encryption devices, radiation-hardened devices,
propulsion systems, pointing accuracy, kick motors, and other
such characteristics as are specified by the Secretary of
Defense.
SEC. 1516.\9\ RELATED ITEMS DEFINED.
In this subtitle, the term ``related items'' means the
satellite fuel, ground support equipment, test equipment,
payload adapter or interface hardware, replacement parts, and
non-embedded solid propellant orbit transfer engines described
in the report submitted to Congress by the Department of State
on February 6, 1998, pursuant to section 38(f ) of the Arms
Export Control Act (22 U.S.C. 2778(f )).
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\9\ 22 U.S.C. 2778 note.
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Subtitle C--Other Export Control Matters
SEC. 1521. AUTHORITY FOR EXPORT CONTROL ACTIVITIES OF THE DEPARTMENT OF
DEFENSE.
(a) Functions of the Under Secretary for Policy.--Section
134(b) of title 10, United States Code, is amended by adding at
the end the following new paragraph:
``(3) Subject to the authority, direction, and control of
the Secretary of Defense, the Under Secretary shall have
responsibility for supervising and directing activities of the
Department of Defense relating to export controls.''.
(b) Establishment of Deputy Under Secretary for Technology
Security Policy.--(1) Chapter 4 of title 10, United States
Code, is amended by inserting after section 134a the following
new section:
``Sec. 134b. Deputy Under Secretary of Defense for Technology Security
Policy
``(a) There is in the Office of the Under Secretary of
Defense for Policy a Deputy Under Secretary of Defense for
Technology Security Policy.
``(b) The Deputy Under Secretary serves as the Director of
the Defense Technology Security Administration (or any
successor organization charged with similar responsibilities).
``(c) The principal duties of the Deputy Under Secretary
are--
``(1) assisting the Under Secretary of Defense for
Policy in supervising and directing the activities of
the Department of Defense relating to export controls;
and
``(2) assisting the Under Secretary of Defense for
Policy in developing policies and positions regarding
the appropriate export control policies and procedures
that are necessary to protect the national security
interests of the United States.
``(d) The Deputy Under Secretary shall perform such
additional duties and exercise such authority as the Secretary
of Defense may prescribe.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 134a
the following new item: * * *
(c) \10\ Time for Implementation.--The Secretary of Defense
shall complete the actions necessary to implement the amendment
made by subsection (a) and to establish the office of Deputy
Under Secretary of Defense for Technology Security Policy in
accordance with section 134b of title 10, United States Code,
as added by subsection (b), not later than 60 days after the
date of the enactment of this Act.
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\10\ 10 U.S.C. 134 note.
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(d) \10\ Report.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives
a report on the plans of the Secretary for implementing the
amendments made by subsections (a) and (b). The report shall
include the following:
(1) A description of any organizational changes that
are to be made within the Department of Defense to
implement those amendments.
(2) A description of the role of the Chairman of the
Joint Chiefs of Staff in the export control activities
of the Department of Defense after those subsections
are implemented, together with a discussion of how that
role compares to the Chairman's role in those
activities before the implementation of those
subsections.
SEC. 1522.\11\ RELEASE OF EXPORT INFORMATION BY DEPARTMENT OF COMMERCE
TO OTHER AGENCIES FOR PURPOSE OF NATIONAL SECURITY
ASSESSMENT.
(a) Release of Export Information.--The Secretary of
Commerce shall, upon the written request of an official
specified in subsection (c), transmit to that official any
information relating to exports that is held by the Department
of Commerce and is requested by that official for the purpose
of assessing national security risks. The Secretary shall
transmit such information within 10 business days after
receiving such a request.
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\11\ 50 U.S.C. app. 2404 note.
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(b) Nature of Information.--The information referred to in
subsection (a) includes information concerning--
(1) export licenses issued by the Department of
Commerce;
(2) exports that were carried out under an export
license issued by the Department of Commerce; and
(3) exports from the United States that were carried
out without an export license.
(c) Requesting Officials.--The officials referred to in
subsection (a) are the Secretary of State, the Secretary of
Defense, the Secretary of Energy, and the Director of Central
Intelligence. Each of those officials may delegate to any other
official within their respective departments and agency the
authority to request information under subsection (a).
SEC. 1523.\12\ NUCLEAR EXPORT REPORTING REQUIREMENT.
(a) Notification of Congress.--The President shall notify
the Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of
Representatives \13\ upon the granting of a license by the
Nuclear Regulatory Commission for the export or reexport of any
nuclear-related technology or equipment, including source
material, special nuclear material, or equipment or material
especially designed or prepared for the processing, use, or
production of special nuclear material.
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\12\ 42 U.S.C. 2155 note.
\13\ Sec. 1135(1) of the Arms Control and Nonproliferation Act of
1999 (title XI of Appendix G (Admiral James W. Nance and Meg Donovan
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001) of
Public Law 106-113, enacted by reference in sec. 1000(a)(7) of Public
Law 106-113 (113 Stat. 1536)) struck out ``Congress'' and inserted in
lieu thereof ``the Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of Representatives''.
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(b) Applicability.--The requirements of this section shall
apply only to an export or reexport to a country that--
(1) the President has determined is a country that
has detonated a nuclear explosive device; and
(2) is not a member of the North Atlantic Treaty
Organization.
(c) \14\ Content of Notification.--The notification
required pursuant to this section shall include--
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\14\ Sec. 1135(2) of Appendix G (Admiral James W. Nance and Meg
Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and
2001) of Public Law 106-113, enacted by reference in sec. 1000(a)(7) of
Public Law 106-113 (113 Stat. 1536)) added subsec. (c).
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(1) a detailed description of the articles or
services to be exported or reexported, including a
brief description of the capabilities of any article to
be exported or reexported;
(2) an estimate of the number of officers and
employees of the United States Government and of United
States Government civilian contract personnel expected
to be required in such country to carry out the
proposed export or reexport;
(3) the name of each licensee expected to provide the
article or service proposed to be sold and a
description from the licensee of any offset agreements
proposed to be entered into in connection with such
sale (if known on the date of transmittal of such
statement);
(4) the projected delivery dates of the articles or
services to be exported or reexported; and
(5) the extent to which the recipient country in the
previous two years has engaged in any of the actions
specified in subparagraph (A), (B), or (C) of section
129(2) of the Atomic Energy Act of 1954.
SEC. 1524.\15\ EXECUTION OF OBJECTION AUTHORITY WITHIN THE DEPARTMENT
OF DEFENSE.
Section 1211 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1932) is amended
* * *
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\15\ 50 U.S.C. app. 2404 note.
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Subtitle D--Counterproliferation Matters
SEC. 1531. ONE-YEAR EXTENSION OF COUNTERPROLIFERATION AUTHORITIES FOR
SUPPORT OF UNITED NATIONS SPECIAL COMMISSION ON
IRAQ.
(a) Amount Authorized for Fiscal Year 1999.--The total
amount of assistance for fiscal year 1999 provided by the
Secretary of Defense under section 1505 of the Weapons of Mass
Destruction Control Act of 1992 (22 U.S.C. 5859a) that is
provided for activities of the Department of Defense in support
of the United Nations Special Commission on Iraq, may not
exceed $15,000,000.
(b) Extension of Authority To Provide Assistance.--
Subsection (f ) of section 1505 of the Weapons of Mass
Destruction Control Act of 1992 (22 U.S.C. 5859a) is amended *
* *
SEC. 1532. SENSE OF CONGRESS ON NUCLEAR TESTS IN SOUTH ASIA.
The Congress--
(1) strongly condemns the decisions by the
Governments of India and Pakistan to conduct nuclear
tests in May 1998;
(2) calls for the Governments of India and Pakistan
to commit not to conduct any additional nuclear tests;
(3) urges the Governments of India and Pakistan to
take immediate steps to reduce tensions between the two
countries;
(4) urges India and Pakistan to engage in high-level
dialogue aimed at reducing the likelihood of armed
conflict, enacting confidence and security building
measures, and resolving areas of dispute;
(5) commends all nations to take steps which will
reduce tensions in South Asia, including appropriate
measures to prevent the transfer of technology that
could further exacerbate the arms race in South Asia,
and thus avoid further deterioration of security there;
(6) calls upon the President, leaders of all nations,
and the United Nations to encourage a diplomatic,
negotiated solution between the Governments of India
and Pakistan to promote peace and stability in South
Asia and resolve the current impasse;
(7) encourages United States diplomatic leadership in
assisting the Governments of India and Pakistan to seek
a negotiated resolution of their 50-year conflict over
the disputed territory in Kashmir;
(8) urges India and Pakistan to take immediate,
binding, and verifiable steps to roll back their
nuclear programs and come into compliance with
internationally accepted norms regarding the
proliferation of weapons of mass destruction; and
(9) urges the United States to reevaluate its
bilateral relationship with India and Pakistan, in
light of the new regional security realities in South
Asia, with the goal of preventing further nuclear and
ballistic missile proliferation, diffusing long-
standing regional rivalries between India and Pakistan,
and securing commitments from India and Pakistan which,
if carried out, could result in a calibrated lifting of
United States sanctions imposed under the Arms Export
Control Act and the Nuclear Proliferation Prevention
Act of 1994.
SEC. 1533. REPORT ON REQUIREMENTS FOR RESPONSE TO INCREASED MISSILE
THREAT IN ASIA-PACIFIC REGION.
(a) Study.--The Secretary of Defense shall carry out a
study of the architecture requirements for the establishment
and operation of a theater ballistic missile defense system in
the Asia-Pacific region that would have the capability to
protect key regional allies of the United States.
(b) Report.--(1) Not later than January 1, 1999, the
Secretary shall submit to the Committee on National Security of
the House of Representatives and the Committee on Armed
Services of the Senate a report containing--
(A) the results of the study conducted under
subsection (a);
(B) the factors used to obtain such results; and
(C) a description of any United States missile
defense system currently deployed or under development
that could be transferred to key allies of the United
States in the Asia-Pacific region to provide for their
self-defense against limited ballistic missile attacks.
(2) The report shall be submitted in both classified and
unclassified form.
* * * * * * *
l. National Defense Authorization Act for Fiscal Year 1998
Partial text of Public Law 105-85 [H.R. 1119], 111 Stat. 1629, approved
November 18, 1997; 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 106-65 [National
Defense Authorization Act for Fiscal Year 2000; S. 1059], 113 Stat.
512, approved October 5, 1999; and Public Law 106-398 [National Defense
Authorization Act for Fiscal Year 2001; H.R. 5408, enacted by reference
in H.R. 4205], 114 Stat. 1654, approved October 30, 2000
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 XIII--ARMS CONTROL AND RELATED MATTERS
* * * * * * *
SEC. 1301. PRESIDENTIAL REPORT CONCERNING DETARGETING OF RUSSIAN
STRATEGIC MISSILES.
(a) Required Report.--Not later than January 1, 1998, the
President shall submit to Congress a report concerning
detargeting of Russian strategic missiles. The report shall
address each of the following:
(1) Whether a Russian ICBM that was formerly, but is
no longer, targeted at a site in the United States
would be automatically retargeted at a site in the
United States in the event of the accidental launch of
the missile.
(2) Whether missile detargeting would prevent or
significantly reduce the possibility of an unauthorized
missile launch carried out by the Russian General Staff
and prevent or significantly reduce the consequences to
the United States of such a launch.
(3) Whether missile detargeting would pose a
significant obstacle to an unauthorized launch carried
out by an operational level below the Russian General
Staff if missile operators at such an operational level
acquired missile launch codes or had the technical
expertise to override missile launch codes.
(4) The plausibility of an accidental launch of a
Russian ICBM, compared to the possibility of a
deliberate missile launch, authorized or unauthorized,
resulting from Russian miscalculation, overreaction, or
aggression.
(5) The national security benefits derived from
detargeting United States and Russian ICBMs.
(6) The relative consequences to the United States of
an unauthorized or accidental launch of a Russian ICBM
that has been detargeted and one that has not been
detargeted.
(b) Definitions.--For purposes of subsection (a):
(1) The term ``Russian ICBM'' means an
intercontinental ballistic missile of the Russian
Federation.
(2) The term ``accidental launch'' means a missile
launch resulting from mechanical failure.
SEC. 1302. LIMITATION ON RETIREMENT OR DISMANTLEMENT OF STRATEGIC
NUCLEAR DELIVERY SYSTEMS.
(a) \1\ Funding Limitation.--(1) Except as provided in
paragraph (2), funds available to the Department of Defense may
not be obligated or expended for retiring or dismantling, or
for preparing to retire or dismantle, any of the following
strategic nuclear delivery systems below the specified levels:
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\1\ Sec. 1501 of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106-65; 113 Stat. 806) amended and restated
subsecs. (a) and (b). The subsections, as previously amended by sec.
1501(1) of the Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2171), formerly read as
follows:
``(a) Funding Limitation.--Funds available to the Department of
Defense may not be obligated or expended during the strategic delivery
systems retirement limitation period for retiring or dismantling, or
for preparing to retire or dismantle, any of the following strategic
nuclear delivery systems below the specified levels:
---------------------------------------------------------------------------
``(1) 71 B-52H bomber aircraft.
``(2) 18 Trident ballistic missile submarines.
``(3) 500 Minuteman III intercontinental ballistic missiles.
``(4) 50 Peacekeeper intercontinental ballistic missiles.
---------------------------------------------------------------------------
``(b) Waiver Authority.--If the START II Treaty enters into force
during the strategic delivery systems retirement limitation period, the
Secretary of Defense may waive the application of the limitation under
subsection (a) to the extent that the Secretary determines necessary in
order to implement the treaty.''.
---------------------------------------------------------------------------
(A) 76 B-52H bomber aircraft.
(B) 18 Trident ballistic missile submarines.
(C) 500 Minuteman III intercontinental ballistic
missiles.
(D) 50 Peacekeeper intercontinental ballistic
missiles.
(2) The limitation in paragraph (1)(B) shall be modified in
accordance with paragraph (3) upon a certification by the
President to Congress of the following:
(A) That the effectiveness of the United States
strategic deterrent will not be decreased by reductions
in strategic nuclear delivery systems.
(B) That the requirements of the Single Integrated
Operational Plan can be met with a reduced number of
strategic nuclear delivery systems.
(C) That reducing the number of strategic nuclear
delivery systems will not, in the judgment of the
President, provide a disincentive for Russia to ratify
the START II treaty or serve to undermine future arms
control negotiations.
(D) That the United States will retain the ability to
increase the delivery capacity of its strategic nuclear
delivery systems should threats arise that require more
substantial United States strategic forces.
(3) If the President submits the certification described in
paragraph (2), then the applicable number in effect under
paragraph (1)(B)--
(A) shall be 16 during the period beginning on the
date on which such certification is transmitted to
Congress and ending on the date specified in
subparagraph (B); and
(B) shall be 14 effective as of the date that is 240
days after the date on which such certification is
transmitted.
(b) \1\ Waiver Authority.--If the START II Treaty enters
into force, the President may waive the application of the
limitation in effect under subsection (a) to a strategic
nuclear delivery system \2\ to the extent that the President
determines such a waiver to be necessary in order to implement
the treaty.
---------------------------------------------------------------------------
\2\ Sec. 1043 of the National Defense Authorization Act for Fiscal
Year 2001 (Public Law 106-398; 114 Stat. 1654) struck out ``the
application of the limitation in effect under paragraph (1)(B) or (3)
of subsection (a), as the case may be,'' and inserted in lieu thereof
``the application of the limitation in effect under subsection (a) to a
strategic nuclear delivery system''.
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(c) Funding Limitation on Early Deactivation.--(1) If the
limitation under subsection (a) ceases to apply by reason of a
waiver under subsection (b), funds available to the Department
of Defense may nevertheless not be obligated or expended \3\ to
implement any agreement or understanding to undertake
substantial early deactivation of a strategic nuclear delivery
system specified in subsection (a) until 30 days after the date
on which the President submits to Congress a report concerning
such actions.
---------------------------------------------------------------------------
\3\ Sec. 1501(2) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat.
2171) struck out ``during fiscal year 1998''.
---------------------------------------------------------------------------
(2) For purposes of this subsection and subsection (d), a
substantial early deactivation is an action during the fiscal
year during which the START II Treaty enters into force \4\ to
deactivate a substantial number of strategic nuclear delivery
systems specified in subsection (a) by--
---------------------------------------------------------------------------
\4\ Sec. 1501(b)(1) of the the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106-65 (113 Stat. 806) struck out
``during the strategic delivery systems retirement limitation period''
and inserted in lieu thereof ``during the fiscal year during which the
START II Treaty enters into force''. Previously, sec. 1501(1) of Public
Law 105-261 (112 Stat. 2171) struck out ``during the fiscal year 1998''
and inserted in lieu thereof ``during the strategic delivery systems
retirement limitation period''.
---------------------------------------------------------------------------
(A) removing nuclear warheads from those systems; or
(B) taking other steps to remove those systems from
combat status.
(3) A report under this subsection shall include the
following:
(A) The text of any understanding or agreement
between the United States and the Russian Federation
concerning substantial early deactivation of strategic
nuclear delivery systems under the START II Treaty.
(B) The plan of the Department of Defense for
implementing the agreement.
(C) An assessment of the Secretary of Defense of the
adequacy of the provisions contained in the agreement
for monitoring and verifying compliance of Russia with
the terms of the agreement and, based upon that
assessment, the determination of the President
specifically as to whether the procedures for
monitoring and verification of compliance by Russia
with the terms of the agreement are adequate or
inadequate.
(D) A determination by the President as to whether
the deactivations to occur under the agreement will be
carried out in a symmetrical, reciprocal, or equivalent
manner and whether the agreement will require early
deactivations of strategic forces by the United States
to be carried out substantially more rapidly than
deactivations of strategic forces by Russia.
(E) An assessment by the President of the effect of
the proposed early deactivation on the stability of the
strategic balance and relative strategic nuclear
capabilities of the United States and the Russian
Federation at various stages during deactivation and
upon completion, including a determination by the
President specifically as to whether the proposed early
deactivations will adversely affect strategic
stability.
(d) Further Limitation on Strategic Force Reductions.--(1)
Amounts available to the Department of Defense \5\ to implement
an agreement that results in a substantial early deactivation
\5\ of strategic forces may not be obligated for that purpose
if in the report under subsection (c)(3) the President
determines any of the following:
---------------------------------------------------------------------------
\5\ Sec. 1501(3)(A) and (B) of Public Law 105-261 (112 Stat. 2171)
struck out ``for fiscal year 1998'' and ``during fiscal year 1998'',
respectively.
---------------------------------------------------------------------------
(A) That procedures for monitoring and verification
of compliance by Russia with the terms of the agreement
are inadequate.
(B) That the agreement will require early
deactivations of strategic forces by the United States
to be carried out substantially more rapidly than
deactivations of strategic forces by Russia.
(C) That the proposed early deactivations will
adversely affect strategic stability.
(2) The limitation in paragraph (1), if effective by reason
of a determination by the President described in paragraph
(1)(B), shall cease to apply 30 days after the date on which
the President notifies Congress that the early deactivations
under the agreement are in the national interest of the United
States.
(e) Contingency Plan for Sustainment of Systems.--(1) Not
later then \6\ February 15, 1998, the Secretary of Defense
shall submit to Congress a plan for the sustainment beyond
October 1, 1999, of United States strategic nuclear delivery
systems and alternative Strategic Arms Reduction Treaty force
structures in the event that a strategic arms reduction
agreement subsequent to the Strategic Arms Reduction Treaty
does not enter into force before 2004.
---------------------------------------------------------------------------
\6\ As enrolled.
---------------------------------------------------------------------------
(2) The plan shall include a discussion of the following
matters:
(A) The actions that are necessary to sustain the
United States strategic nuclear delivery systems,
distinguishing between the actions that are planned for
and funded in the future-years defense program and the
actions that are not planned for and funded in the
future-years defense program.
(B) The funding necessary to implement the plan,
indicating the extent to which the necessary funding is
provided for in the future-years defense program and
the extent to which the necessary funding is not
provided for in the future-years defense program.
(f) START Treaties Defined.--In this section:
(1) The term ``Strategic Arms Reduction Treaty''
means the Treaty Between the United States of America
and the United Soviet Socialist Republics on the
Reduction and Limitation of Strategic Offensive Arms
(START), signed at Moscow on July 31, 1991, including
related annexes on agreed statements and definitions,
protocols, and memorandum of understanding.
(2) 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, signed at Moscow on January
3, 1993, including the following protocols and
memorandum of understanding, all such documents being
integral parts of and collectively referred to as the
``START II Treaty'' (contained in Treaty Document 103-
1):
(A) The Protocol on Procedures Governing
Elimination of Heavy ICBMs and on Procedures
Governing Conversion of Silo Launchers of Heavy
ICBMs Relating to the Treaty Between the United
States of America and the Russian Federation on
Further Reduction and Limitation of Strategic
Offensive Arms (also known as the ``Elimination
and Conversion Protocol'').
(B) The Protocol on Exhibitions and
Inspections of Heavy Bombers Relating to the
Treaty Between the United States and the
Russian Federation on Further Reduction and
Limitation of Strategic Offensive Arms (also
known as the ``Exhibitions and Inspections
Protocol'').
(C) The Memorandum of Understanding on
Warhead Attribution and Heavy Bomber Data
Relating to the Treaty Between the United
States of America and the Russian Federation on
Further Reduction and Limitation of Strategic
Offensive Arms (also known as the ``Memorandum
on Attribution'').
(g) \7\ * * * [Repealed--1999]
---------------------------------------------------------------------------
\7\ Sec. 1501(4) of Public Law 105-261 (112 Stat. 2171) added
subsec. (g). Sec. 1501(b)(1) of Public Law 106-65 (113 Stat. 806)
struck out the subsection the following year. It had read as follows:
``(g) Strategic Delivery Systems Retirement Limitation Period.--For
purposes of this section, the term `strategic delivery systems
retirement limitation period' means the period of fiscal years 1998 and
1999.''.
---------------------------------------------------------------------------
SEC. 1303.\8\ ASSISTANCE FOR FACILITIES SUBJECT TO INSPECTION UNDER THE
CHEMICAL WEAPONS CONVENTION.
(a) Assistance Authorized.--Upon the request of the owner
or operator of a facility that is subject to a routine
inspection or a challenge inspection under the Chemical Weapons
Convention, the Secretary of Defense may provide technical
assistance to that owner or operator related to compliance of
that facility with the Convention. Any such assistance shall be
provided through the On-Site Inspection Agency of the
Department of Defense.
---------------------------------------------------------------------------
\8\ 50 U.S.C. 1525.
---------------------------------------------------------------------------
(b) Reimbursement Requirement.--The Secretary may provide
assistance under subsection (a) only to the extent that the
Secretary determines that the Department of Defense will be
reimbursed for costs incurred in providing the assistance. The
United States National Authority may provide such reimbursement
from amounts available to it. Any such reimbursement shall be
credited to amounts available for the On-Site Inspection
Agency.
(c) Definitions.--In this section:
(1) 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, ratified by
the United States on April 25, 1997, and entered into
force on April 29, 1997.
(2) The term ``facility that is subject to a routine
inspection'' means a declared facility, as defined in
paragraph 15 of part X of the Annex on Implementation
and Verification of the Convention.
(3) The term ``challenge inspection'' means an
inspection conducted under Article IX of the
Convention.
(4) The term ``United States National Authority''
means the United States National Authority established
or designated pursuant to Article VII, paragraph 4, of
the Convention.
SEC. 1304. TRANSFERS OF AUTHORIZATIONS FOR HIGH-PRIORITY
COUNTERPROLIFERATION PROGRAMS.
(a) Authority.--(1) Subject to paragraph (2), the Secretary
of Defense may transfer amounts of authorizations made
available to the Department of Defense in this division for
fiscal year 1998 to any counterproliferation program, project,
or activity described in subsection (b).
(2) A transfer of authorizations may be made under this
section only upon determination by the Secretary of Defense
that such action is necessary in the national interest.
(3) Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the
authorization to which transferred.
(b) Programs To Which Tranfers May Be Made.--The authority
under subsection (a) applies to any counterproliferation
program, project, or activity of the Department of Defense
identified as an area for progress in the most recent annual
report of the Counterproliferation Program Review Committee
established by section 1605 of the National Defense
Authorization Act for Fiscal Year 1994 (22 U.S.C. 2751 note).
(c) Limitation on Total Amount.--The total amount of
authorizations transferred under the authority of this section
may not exceed $50,000,000.
(d) Other Limitations and Requirements.--The provisions of
subsection (b), (c), and (d) of section 1001 shall apply to a
transfer under this section in the same manner as they apply to
a transfer under subsection (a) of that section.
(e) Construction With General Transfer Authority.--The
authority provided by this section is in addition to the
transfer authority provided in section 1001.
SEC. 1305.\9\ ADVICE TO THE PRESIDENT AND CONGRESS REGARDING THE
SAFETY, SECURITY, AND RELIABILITY OF UNITED STATES
NUCLEAR WEAPONS STOCKPILE.
(a) Findings.--Congress makes the following findings:
---------------------------------------------------------------------------
\9\ 42 U.S.C. 7274p.
---------------------------------------------------------------------------
(1) Nuclear weapons are the most destructive weapons
on earth. The United States and its allies continue to
rely on nuclear weapons to deter potential adversaries
from using weapons of mass destruction. The safety and
reliability of the nuclear weapons stockpile are
essential to ensure its credibility as a deterrent.
(2) On September 24, 1996, President Clinton signed
the Comprehensive Test Ban Treaty.
(3) Effective as of September 30, 1996, the United
States is prohibited by section 507 of the Energy and
Water Development Appropriations Act, 1993 (Public Law
102-377; 42 U.S.C. 2121 note) from conducting
underground nuclear tests ``unless a foreign state
conducts a nuclear test after this date, at which time
the prohibition on United States nuclear testing is
lifted''.
(4) Section 1436(b) of the National Defense
Authorization Act, Fiscal Year 1989 (Public Law 100-
456; 42 U.S.C. 2121 note) requires the Secretary of
Energy to ``establish and support a program to assure
that the United States is in a position to maintain the
reliability, safety, and continued deterrent effect of
its stockpile of existing nuclear weapons designs in
the event that a low-threshold or comprehensive test
ban on nuclear explosive testing is negotiated and
ratified.''.
(5) Section 3138(d) of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-
160; 42 U.S.C. 2121 note) required the President to
submit an annual report to Congress which sets forth
``any concerns with respect to the safety, security,
effectiveness, or reliability of existing United States
nuclear weapons raised by the Stockpile Stewardship
Program of the Department of Energy''.
(6) President Clinton declared in July 1993 that ``to
assure that our nuclear deterrent remains unquestioned
under a test ban, we will explore other means of
maintaining our confidence in the safety, reliability,
and the performance of our weapons''. This decision was
incorporated in a Presidential Directive.
(7) Section 3138 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-
160; 42 U.S.C. 2121 note) also requires that the
Secretary of Energy establish a ``stewardship program
to ensure the preservation of the core intellectual and
technical competencies of the United States in nuclear
weapons''.
(8) The plan of the Department of Energy to maintain
the safety and reliability of the United States nuclear
weapons stockpile is known as the Stockpile Stewardship
and Management Program. The ability of the United
States to maintain and certify the safety, security,
effectiveness, and reliability of the nuclear weapons
stockpile without testing will require utilization of
new and sophisticated computational capabilities and
diagnostic technologies, methods, and procedures.
Current diagnostic technologies and laboratory testing
techniques are insufficient to certify the safety and
reliability of the United States nuclear weapons
stockpile into the future. Whereas in the past
laboratory and diagnostic tools were used in
conjunction with nuclear testing, in the future they
will provide, under the Department of Energy's
stockpile stewardship plan, the sole basis for
assessing past test data and for making judgments on
phenomena observed in connection with the aging of the
stockpile.
(9) Section 3159 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-
201; 42 U.S.C. 7274o) requires that the directors of
the nuclear weapons laboratories and the nuclear
weapons production plants submit a report to the
Assistant Secretary of Energy for Defense Programs if
they identify a problem that has significant bearing on
confidence in the safety or reliability of a nuclear
weapon or nuclear weapon type, that the Assistant
Secretary must transmit that report, along with any
comments, to the congressional defense committees and
to the Secretary of Energy and the Secretary of
Defense, and that the Joint Nuclear Weapons Council
advise Congress regarding its analysis of any such
problems.
(10) On August 11, 1995, President Clinton directed
``the establishment of a new annual reporting and
certification requirement [to] ensure that our nuclear
weapons remain safe and reliable under a comprehensive
test ban''.
(11) On the same day, the President noted that the
Secretary of Defense and the Secretary of Energy have
the responsibility, after being ``advised by the
Nuclear Weapons Council, the Directors of DOE's nuclear
weapons laboratories, and the Commander of United
States Strategic Command'', to provide the President
with the information regarding the certification
referred to in paragraph (10).
(12) The Joint Nuclear Weapons Council established by
section 179 of title 10, United States Code, is
responsible for providing advice to the Secretary of
Energy and the Secretary of Defense regarding nuclear
weapons issues, including ``considering safety,
security, and control issues for existing weapons''.
The Council plays a critical role in advising Congress
in matters relating to nuclear weapons.
(13) It is essential that the President receive well-
informed, objective, and honest opinions, including
dissenting views, from his advisers and technical
experts regarding the safety, security, effectiveness,
and reliability of the nuclear weapons stockpile.
(b) Policy.--
(1) In general.--It is the policy of the United
States--
(A) to maintain a safe, secure, effective,
and reliable nuclear weapons stockpile; and
(B) as long as other nations control or
actively seek to acquire nuclear weapons, to
retain a credible nuclear deterrent.
(2) Nuclear weapons stockpile.--It is in the security
interest of the United States to sustain the United
States nuclear weapons stockpile through a program of
stockpile stewardship, carried out at the nuclear
weapons laboratories and nuclear weapons production
plants.
(3) Sense of congress.--It is the sense of Congress
that--
(A) the United States should retain a triad
of strategic nuclear forces sufficient to deter
any future hostile foreign leadership with
access to strategic nuclear forces from acting
against the vital interests of the United
States;
(B) the United States should continue to
maintain nuclear forces of sufficient size and
capability to implement an effective and robust
deterrent strategy; and
(C) the advice of the persons required to
provide the President and Congress with
assurances of the safety, security,
effectiveness, and reliability of the nuclear
weapons force should be scientifically based,
without regard for politics, and of the highest
quality and integrity.
(c) Addition of President to Recipients of Reports by Heads
of Laboratories and Plants.--Section 3159(b) of the National
Defense Authorization Act for Fiscal Year 1997 (Public Law 104-
201; 42 U.S.C. 7274o) is amended-- * * *
(d) Ten-Day Time Limit for Transmittal of Report.--Section
3159(b) of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 42 U.S.C. 7274o) is amended * *
*
(e) Advice and Opinions Regarding Nuclear Weapons
Stockpile.--In addition to a director of a nuclear weapons
laboratory or a nuclear weapons production plant (under section
3159 of the National Defense Authorization Act for Fiscal Year
1997 (Public Law 104-201; 42 U.S.C. 7274o)), any member of the
Joint Nuclear Weapons Council or the commander of the United
States Strategic Command may also submit to the President, the
Secretary of Defense, the Secretary of Energy, or the
congressional defense committees advice or opinion regarding
the safety, security, effectiveness, and reliability of the
nuclear weapons stockpile.
(f) Expression of Individual Views.--A representative of
the President may not take any action against, or otherwise
constrain, a director of a nuclear weapons laboratory or a
nuclear weapons production plant, a member of the Joint Nuclear
Weapons Council, or the Commander of United States Strategic
Command for presenting individual views to the President, the
National Security Council, or Congress regarding the safety,
security, effectiveness, and reliability of the nuclear weapons
stockpile.
(g) Definitions.--In this section:
(1) The term ``representative of the President''
means the following:
(A) Any official of the Department of Defense
or the Department of Energy who is appointed by
the President and confirmed by the Senate.
(B) Any member of the National Security
Council.
(C) Any member of the Joint Chiefs of Staff.
(D) Any official of the Office of Management
and Budget.
(2) The term ``nuclear weapons laboratory'' means any
of the following:
(A) Lawrence Livermore National Laboratory,
California.
(B) Los Alamos National Laboratory, New
Mexico.
(C) Sandia National Laboratories.
(3) The term ``nuclear weapons production plant''
means any of the following:
(A) The Pantex Plant, Texas.
(B) The Savannah River Site, South Carolina.
(C) The Kansas City Plant, Missouri.
(D) The Y-12 Plant, Oak Ridge, Tennessee.
SEC. 1306. RECONSTITUTION OF COMMISSION TO ASSESS THE BALLISTIC MISSILE
THREAT TO THE UNITED STATES.
(a) Initial Organization Requirements.--Section 1321(g) of
the National Defense Authorization Act for Fiscal Year 1997
(Public Law 104-201; 110 Stat. 2712) is amended-- * * *
(b) Funding.--Section 1328 of such Act (110 Stat. 2714) is
amended * * *
SEC. 1307. SENSE OF CONGRESS REGARDING THE RELATIONSHIP BETWEEN UNITED
STATES OBLIGATIONS UNDER THE CHEMICAL WEAPONS
CONVENTION AND ENVIRONMENTAL LAWS.
(a) Findings.--Congress makes the following findings:
(1) The Chemical Weapons Convention requires the
destruction of the United States stockpile of lethal
chemical agents and munitions by April 29, 2007 (not
later than 10 years after the Convention's entry into
force).
(2) The President has substantial authority under
existing law to ensure that--
(A) the technologies necessary to destroy the
stockpile are developed;
(B) the facilities necessary to destroy the
stockpile are constructed; and
(C) Federal, State, and local environmental
laws and regulations do not impair the ability
of the United States to comply with its
obligations under the Convention.
(3) The Comptroller General has concluded (in GAO
Report NSIAD 97018 of February 1997) that--
(A) obtaining the necessary Federal and State
permits that are required under Federal
environmental laws and regulations for building
and operating the chemical agents and munitions
destruction facilities is among the most
unpredictable factors in the chemical
demilitarization program; and
(B) program cost and schedule are largely
driven by the degree to which States and local
communities are in agreement with proposed
disposal methods and whether those methods meet
environmental concerns.
(b) Sense of Congress.--It is the sense of Congress that
the President--
(1) should use the authority of the President under
existing law to ensure that the United States is able
to construct and operate the facilities necessary to
destroy the United States stockpile of lethal chemical
agents and munitions within the time allowed by the
Chemical Weapons Convention; and
(2) while carrying out the obligations of the United
States under the Convention, should encourage
negotiations between appropriate Federal officials and
officials of the State and local governments concerned
to attempt to meet their concerns regarding compliance
with Federal and State environmental laws and
regulations and other concerns about the actions being
taken to carry out those obligations.
(c) Chemical Weapons Convention Defined.--For the purposes
of this section, 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, ratified by the United States
on April 25, 1997, and entered into force on April 29, 1997.
SEC. 1308. EXTENSION OF COUNTERPROLIFERATION AUTHORITIES FOR SUPPORT OF
UNITED NATIONS SPECIAL COMMISSION ON IRAQ.
Section 1505 of the Weapons of Mass Destruction Control Act
of 1992 (title XV of Public Law 102-484; 22 U.S.C. 5859a) is
amended-- * * *
SEC. 1309.\10\ ANNUAL REPORT ON MORATORIUM ON USE BY ARMED FORCES OF
ANTIPERSONNEL LANDMINES.
(a) Findings.--Congress makes the following findings:
---------------------------------------------------------------------------
\10\ 10 U.S.C. 113 note.
---------------------------------------------------------------------------
(1) The United States has stated its support for a
ban on antipersonnel landmines that is global in scope
and verifiable.
(2) On May 16, 1996, the President announced that the
United States, as a matter of policy, would eliminate
its stockpile of non-self-destructing antipersonnel
landmines, except those used for training purposes and
in Korea, and that the United States would reserve the
right to use self-destructing antipersonnel landmines
in the event of conflict.
(3) On May 16, 1996, the President also announced
that the United States would lead an effort to
negotiate an international treaty permanently banning
the use of all antipersonnel landmines.
(4) The United States is currently participating at
the United Nations Conference on Disarmament in
negotiations aimed at achieving a global ban on the use
of antipersonnel landmines.
(5) On August 18, 1997, the administration agreed to
participate in international negotiations sponsored by
Canada (the so-called ``Ottawa process'') designed to
achieve a treaty that would outlaw the production, use,
and sale of antipersonnel landmines.
(6) On September 17, 1997, the President announced
that the United States would not sign the antipersonnel
landmine treaty concluded in Oslo, Norway, by
participants in the Ottawa process because the treaty
would not provide a geographic exception to allow the
United States to stockpile and use antipersonnel
landmines in Korea or an exemption that would preserve
the ability of the United States to use mixed antitank
mine systems which could be used to deter an armored
assault against United States forces.
(7) The President also announced a change in United
States policy whereby the United States--
(A) would no longer deploy antipersonnel
landmines, including self-destructing
antipersonnel landmines, by 2003, except in
Korea;
(B) would seek to field alternatives by that
date, or by 2006 in the case of Korea;
(C) would undertake a new initiative in the
United Nations Conference on Disarmament to
establish a global ban on the transfer of
antipersonnel landmines; and
(D) would increase its current humanitarian
demining activities around the world.
(8) The President's decision would allow the
continued use by United States forces of self-
destructing antipersonnel landmines that are used as
part of a mixed antitank mine system.
(9) Under existing law (as provided in section 580 of
Public Law 104-107; 110 Stat. 751), on February 12,
1999, the United States will implement a one-year
moratorium on the use of antipersonnel landmines by
United States forces except along internationally
recognized national borders or in demilitarized zones
within a perimeter marked area that is monitored by
military personnel and protected by adequate means to
ensure the exclusion of civilians.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should not implement a
moratorium on the use of antipersonnel landmines by
United States Armed Forces in a manner that would
endanger United States personnel or undermine the
military effectiveness of United States Armed Forces in
executing their missions; and
(2) the United States should pursue the development
of alternatives to self-destructing antipersonnel
landmines.
(c) Annual Report.--Not later than December 31 each year,
the Secretary of Defense shall submit to the congressional
defense committees a report concerning antipersonnel landmines.
Each such report shall include the Secretary's description of
the following:
(1) The military utility of the continued deployment
and use by the United States of antipersonnel
landmines.
(2) The effect of a moratorium on the production,
stockpiling, and use of antipersonnel landmines on the
ability of United States forces to deter and defend
against attack on land by hostile forces, including on
the Korean peninsula.
(3) Progress in developing and fielding systems that
are effective substitutes for antipersonnel landmines,
including an identification and description of the
types of systems that are being developed and fielded,
the costs associated with those systems, and the
estimated timetable for developing and fielding those
systems.
(4) The effect of a moratorium on the use of
antipersonnel landmines on the military effectiveness
of current antitank mine systems.
(5) The number and type of pure antipersonnel
landmines that remain in the United States inventory
and that are subject to elimination under the
President's September 17, 1997, declaration on United
States antipersonnel landmine policy.
(6) The number and type of mixed antitank mine
systems that are in the United States inventory, the
locations where they are deployed, and their effect on
the deterrence and warfighting ability of United States
Armed Forces.
(7) The effect of the elimination of pure
antipersonnel landmines on the warfighting
effectiveness of the United States Armed Forces.
(8) The costs already incurred and anticipated of
eliminating antipersonnel landmines from the United
States inventory in accordance with the policy
enunciated by the President on September 17, 1997.
(9) The benefits that would result to United States
military and civilian personnel from an international
treaty banning the production, use, transfer, and
stockpiling of antipersonnel landmines.
* * * * * * *
m. National Defense Authorization Act for Fiscal Year 1997
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 105-85 [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 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,
* * * * * * *
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
* * * * * * *
TITLE XIII--ARMS CONTROL AND RELATED MATTERS
* * * * * * *
Subtitle A--Arms Control, Counterproliferation Activities, and Related
Matters
SEC. 1301. EXTENSION OF COUNTERPROLIFERATION AUTHORITIES.
(a) One-Year Extension of Authority.--Section 1505 of the
Weapons of Mass Destruction Control Act of 1992 (title XV of
Public Law 102-484; 22 U.S.C. 5859a) is amended-- * * *
(b) * * *
SEC. 1302. LIMITATION ON RETIREMENT OR DISMANTLEMENT OF STRATEGIC
NUCLEAR DELIVERY SYSTEMS.
(a) Funding Limitation.--Funds available to the Department
of Defense may not be obligated or expended during fiscal year
1997 for retiring or dismantling, or for preparing to retire or
dismantle, any of the following strategic nuclear delivery
systems:
(1) B-52H bomber aircraft.
(2) Trident ballistic missile submarines.
(3) Minuteman III intercontinental ballistic
missiles.
(4) Peacekeeper intercontinental ballistic missiles.
(b) Waiver Authority.--If the START II Treaty enters into
force during fiscal year 1996 or fiscal year 1997, the
Secretary of Defense may waive the application of the
limitation under paragraphs (2), (3), and (4) of subsection (a)
to Trident ballistic missile submarines, Minuteman III
intercontinental ballistic missiles, and Peacekeeper
intercontinental ballistic missiles, respectively, to the
extent that the Secretary determines necessary in order to
implement the treaty.
(c) Funding Limitation on Early Deactivation.--(1) If the
limitation under paragraphs (2), (3), and (4) of subsection (a)
ceases to apply by reason of a waiver under subsection (b),
funds available to the Department of Defense may nevertheless
not be obligated or expended during fiscal year 1997 to
implement any agreement or understanding to undertake
substantial early deactivation of a strategic nuclear delivery
system specified in subsection (b) until 30 days after the date
on which the President submits to Congress a report concerning
such actions.
(2) For purposes of this subsection, a substantial early
deactivation is an action during fiscal year 1997 to deactivate
a substantial number of strategic nuclear delivery systems
specified in subsection (b) by--
(A) removing nuclear warheads from those systems; or
(B) taking other steps to remove those systems from
combat status.
(3) A report under this subsection shall include the
following:
(A) The text of any understanding or agreement
between the United States and the Russian Federation
concerning substantial early deactivation of strategic
nuclear delivery systems under the START II Treaty.
(B) The plan of the Department of Defense for
implementing the agreement.
(C) An assessment of the Secretary of Defense of the
adequacy of the provisions contained in the agreement
for monitoring and verifying compliance of Russia with
the terms of the agreement.
(D) A determination by the President as to whether
the deactivations to occur under the agreement will be
carried out in a symmetrical, reciprocal, or equivalent
manner.
(E) An assessment by the President of the effect of
the proposed early deactivation on the stability of the
strategic balance and relative strategic nuclear
capabilities of the United States and the Russian
Federation at various stages during deactivation and
upon completion.
(d) START II Treaty Defined.--For purposes of this section,
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, signed at
Moscow on January 3, 1993, including the following protocols
and memorandum of understanding, all such documents being
integral parts of and collectively referred to as the ``START
II Treaty'' (contained in Treaty Document 103-1):
(1) The Protocol on Procedures Governing Elimination
of Heavy ICBMs and on Procedures Governing Conversion
of Silo Launchers of Heavy ICBMs Relating to the Treaty
Between the United States of America and the Russian
Federation on Further Reduction and Limitation of
Strategic Offensive Arms (also known as the
``Elimination and Conversion Protocol'').
(2) The Protocol on Exhibitions and Inspections of
Heavy Bombers Relating to the Treaty Between the United
States and the Russian Federation on Further Reduction
and Limitation of Strategic Offensive Arms (also known
as the ``Exhibitions and Inspections Protocol'').
(3) The Memorandum of Understanding on Warhead
Attribution and Heavy Bomber Data Relating to the
Treaty Between the United States of America and the
Russian Federation on Further Reduction and Limitation
of Strategic Offensive Arms (also known as the
``Memorandum on Attribution'').
(e) Retention of B-52H Aircraft on Active Status.--(1) The
Secretary of the Air Force shall maintain in active status
(including the performance of standard maintenance and
upgrades) the current fleet of B-52H bomber aircraft.
(2) For purposes of carrying out upgrades of B-52H bomber
aircraft during fiscal year 1997, the Secretary shall treat the
entire current fleet of such aircraft as aircraft expected to
be maintained in active status during the six-year period
beginning on October 1, 1996.
SEC. 1303. STRENGTHENING CERTAIN SANCTIONS AGAINST NUCLEAR
PROLIFERATION ACTIVITIES.
(a) Sanctions.--Section 2(b)(4) of the Export-Import Bank
Act of 1945 (12 U.S.C. 635(b)(4)) is amended * * * \1\
---------------------------------------------------------------------------
\1\ For full text of Export-Import Bank Act of 1945, see
Legislation on Foreign Relations Through 2008, vol. III.
---------------------------------------------------------------------------
(b) Recommendations To Make Nonproliferation Laws More
Effective.--Not later than 180 days after the date of the
enactment of this Act, the President shall submit to the
Congress his recommendations on ways to make the laws of the
United States more effective in controlling and preventing the
proliferation of weapons of mass destruction and missiles. The
report shall identify all sources of Government funds used for
such nonproliferation activities.
SEC. 1304. AUTHORITY TO PAY CERTAIN EXPENSES RELATING TO HUMANITARIAN
AND CIVIC ASSISTANCE FOR CLEARANCE OF LANDMINES.
(a) Authority To Pay Expenses.--Section 401(c) of title 10,
United States Code, is amended-- * * * \2\
---------------------------------------------------------------------------
\2\ For 10 U.S.C. 401, see Legislation on Foreign Relations Through
2008, vol. I-B.
---------------------------------------------------------------------------
(b) * * *
SEC. 1305. REPORT ON MILITARY CAPABILITIES OF PEOPLE'S REPUBLIC OF
CHINA.
(a) Report.--The Secretary of Defense shall prepare a
report, in both classified and unclassified form, on the future
pattern of military modernization of the People's Republic of
China. The report shall address both the probable course of
military-technological development in the People's Liberation
Army and the development of Chinese military strategy and
operational concepts.
(b) Matters To Be Included.--The report shall include
analyses and forecasts of the following:
(1) Trends that would lead the People's Republic of
China toward advanced intelligence, surveillance, and
reconnaissance capabilities, either through a
development program or by gaining access to commercial
or third-party systems with militarily significant
capabilities.
(2) Efforts by the People's Republic of China to
develop highly accurate and low-observable ballistic
and cruise missiles, and the investments in
infrastructure that would allow for production of such
weapons in militarily significant quantities,
particularly in numbers sufficient to conduct attacks
capable of overwhelming projected defense capabilities
in the region.
(3) Development by the People's Republic of China of
enhanced command and control networks, particularly
those capable of battle management that would include
long-range precision strikes.
(4) Programs of the People's Republic of China
involving unmanned aerial vehicles, particularly those
with extended ranges or loitering times.
(5) Exploitation by the People's Republic of China of
the Global Positioning System or other similar systems,
including commercial land surveillance satellites, for
significant military purposes, including particularly
for increasing the accuracy of weapons or the
situational awareness of operating forces.
(6) Development by the People's Republic of China of
capabilities for denial of sea control, such as
advanced sea mines or improved submarine capabilities.
(7) Continued development by the People's Republic of
China of follow-on forces, particularly those capable
of rapid air or amphibious assault.
(c) Submission of Report.--The report shall be submitted to
Congress not later than February 1, 1997.
SEC. 1306. PRESIDENTIAL REPORT REGARDING WEAPONS PROLIFERATION AND
POLICIES OF THE PEOPLE'S REPUBLIC OF CHINA.
(a) Findings.--The Congress finds that--
(1) the People's Republic of China acceded to the
Treaty on the Non-Proliferation of Nuclear Weapons
(hereafter in this section referred to as the ``NPT'')
on March 9, 1992;
(2) the People's Republic of China is not a member of
the Nuclear Suppliers Group and remains the only major
nuclear supplier that continues to transfer nuclear
technology, equipment, and materials to countries that
have not agreed to the application of safeguards of the
International Atomic Energy Agency (hereafter in this
section referred to as the ``IAEA'') over all of their
nuclear materials;
(3) on June 30, 1995, the United States and 29 other
members of the Nuclear Suppliers Group notified the
Director General of the IAEA that the Government of
each respective country has decided that the controls
of that Group should not be defeated by the transfer of
component parts;
(4) a state-owned entity in the People's Republic of
China, the China Nuclear Energy Industry Corporation,
has knowingly transferred specially designed ring
magnets to an unsafeguarded uranium enrichment facility
in the Islamic Republic of Pakistan;
(5) ring magnets are identified on the Trigger List
of the Nuclear Suppliers Group as a component of
magnetic suspension bearings which are to be exported
only to countries that have safeguards of the IAEA over
all of their nuclear materials;
(6) these ring magnets could contribute significantly
to the ability of the Islamic Republic of Pakistan to
produce additional unsafeguarded enriched uranium, a
nuclear explosive material;
(7) the Government of the People's Republic of China
has transferred nuclear equipment and technology to the
Islamic Republic of Iran, despite repeated claims by
the Government of the United States that the Islamic
Republic of Iran is engaged in clandestine efforts to
acquire a nuclear explosive device;
(8) representatives of the Government of the People's
Republic of China have repeatedly assured the
Government of the United States that the People's
Republic of China would abide by the guidelines of the
Missile Technology Control Regime (hereafter in this
section referred to as the ``MTCR'');
(9) the Government of China has transferred M-11
missiles to the Islamic Republic of Pakistan; and
(10) the M-11 missile conforms to the definition of a
nuclear-capable missile under the MTCR.
(b) Sense of the Congress.--It is the sense of the Congress
that--
(1) the assistance that the People's Republic of
China has provided to the Islamic Republic of Iran and
to the Islamic Republic of Pakistan could contribute to
the ability of such countries to manufacture nuclear
weapons;
(2) the recent transfer by the People's Republic of
China of ring magnets to an unsafeguarded uranium
enrichment facility in the Islamic Republic of Pakistan
conflicts with China's obligations under Articles I and
III of the NPT, as well as the official
nonproliferation policies and assurances by the
People's Republic of China and the Islamic Republic of
Pakistan with respect to the nonproliferation of
nuclear weapons and nuclear-capable missiles;
(3) the transfer of M-11 missiles from the People's
Republic of China to the Islamic Republic of Pakistan
is inconsistent with longstanding United States
Government interpretations of assurances from the
Government of the People's Republic of China with
respect to that country's intent to abide by the
guidelines of the MTCR;
(4) violations by the People's Republic of China of
the standards and objectives of the MTCR and global
nuclear nonproliferation regimes have jeopardized the
credibility of the MTCR and such regimes;
(5) the MTCR and global nuclear nonproliferation
regimes require collective international action to
impose costs against and to withhold benefits from any
country, including the People's Republic of China, that
engages in activities that are contrary to the
objectives of those regimes;
(6) the President should explore with the governments
of other countries new opportunities for collective
action in response to activities of any country,
including the People's Republic of China, that aid or
abet the global proliferation of weapons of mass
destruction or their means of delivery; and
(7) the President should communicate to the
Government of the People's Republic of China the sense
of the Congress that the stability and growth of future
relations between the people, the economies, and the
Governments of the United States and the People's
Republic of China will significantly depend upon
substantive evidence of cooperation by the Government
of the People's Republic of China in efforts to halt
the global proliferation of weapons of mass destruction
and their means of delivery.
(c) Report.--Not later than 60 days after the date of the
enactment of this Act, the President shall submit to the
Congress a report, in both classified and unclassified form,
concerning the transfer from the People's Republic of China to
the Islamic Republic of Pakistan of technology, equipment, or
materials important to the production of nuclear weapons and
their means of delivery. The President shall include in the
report the following:
(1) The specific justification of the Secretary of
State for determining that there was not a sufficient
basis for imposing sanctions under section 2(b)(4) of
the Export-Import Bank Act of 1945, as amended by
section 825 of the Nuclear Proliferation Prevention Act
of 1994, by reason of the transfer of ring magnets and
other technology, equipment, or materials from the
People's Republic of China to the Islamic Republic of
Pakistan.
(2) What commitment the United States Government is
seeking from the People's Republic of China to ensure
that the People's Republic of China establishes a fully
effective export control system that will prevent
transfers (such as the Pakistan sale) from taking place
in the future.
(3) A description of the pledges, assurances, and
other commitments made by representatives of the
Governments of the People's Republic of China and the
Islamic Republic of Pakistan to the Government of the
United States since January 1, 1991, with respect to
the nonproliferation of nuclear weapons or nuclear-
capable missiles, and an assessment of the record of
compliance with such undertakings.
(4) Whether, in light of the recent assurances
provided by the People's Republic of China, the
President intends to make the certification and submit
the report required by section 902(a)(6)(B) of the
Foreign Relations Authorization Act, Fiscal Years 1990
and 1991 (22 U.S.C. 2151 note), and make the
certification and submit the report required by Public
Law 99-183, relating to the approval and implementation
of the agreement for nuclear cooperation between the
United States and the People's Republic of China, and,
if not, why not.
(5) Whether the Secretary of State considers the
recent assurances and clarifications provided by the
People's Republic of China to have provided sufficient
information to allow the United States to determine
that the People's Republic of China is not in violation
of paragraph (2) of section 129 of the Atomic Energy
Act of 1954, as required by Public Law 99-183.
(6) If the President is unable or unwilling to make
the certifications and reports referred to in paragraph
(4), a description of what the President considers to
be the significance of the clarifications and
assurances provided by the People's Republic of China
in the course of the recent discussions regarding the
transfer by the People's Republic of China of nuclear-
weapon-related equipment to the Islamic Republic of
Pakistan.
(7) A description of the laws, regulations, and
procedures currently used by the People's Republic of
China to regulate exports of nuclear technology,
equipment, or materials, including dual-use goods, and
an assessment of the effectiveness of such
arrangements.
(8) A description of the current policies and
practices of other countries in response to the
transfer of nuclear and missile technology by the
People's Republic of China to the Islamic Republic of
Pakistan and the Islamic Republic of Iran.
SEC. 1307. UNITED STATES-PEOPLE'S REPUBLIC OF CHINA JOINT DEFENSE
CONVERSION COMMISSION.
None of the funds appropriated or otherwise available for
the Department of Defense for fiscal year 1997 or any prior
fiscal year may be obligated or expended for any activity
associated with the United States-People's Republic of China
Joint Defense Conversion Commission until 15 days after the
date on which the first semiannual report required by section
1343 of the National Defense Authorization Act for Fiscal Year
1996 (Public Law 104-106; 110 Stat. 487) is received by
Congress.
SEC. 1308. SENSE OF CONGRESS CONCERNING EXPORT CONTROLS.
(a) Findings.--The Congress makes the following findings:
(1) Export controls are a part of a comprehensive
response to national security threats. The export of a
United States commodity or technology should be
restricted in cases in which the export of the
commodity or technology would increase the threat to
the national security of the United States or would be
contrary to the nonproliferation goals or foreign
policy interests of the United States.
(2) The export of certain commodities and technology
may adversely affect the national security and foreign
policy of the United States by making a significant
contribution to the military potential of countries or
by enhancing the capability of countries to design,
develop, test, produce, stockpile, or use weapons of
mass destruction and missile delivery systems, and
other significant military capabilities. Therefore, the
administration of export controls should emphasize the
control of these exports.
(3) The acquisition of sensitive commodities and
technologies by those countries and end users whose
actions or policies run counter to United States
national security or foreign policy interests may
enhance the military capabilities of those countries,
particularly their ability to design, develop, test,
produce, stockpile, use, and deliver nuclear, chemical,
and biological weapons and missile delivery systems,
and other significant military capabilities. This
enhancement threatens the security of the United States
and its allies. The availability to countries and end
users of items that contribute to military capabilities
or the proliferation of weapons of mass destruction is
a fundamental concern of the United States and should
be eliminated through deterrence, negotiations, and
other appropriate means whenever possible.
(4) The national security of the United States
depends not only on wise foreign policies and a strong
defense, but also a vibrant national economy. To be
truly effective, export controls should be applied
uniformly by all suppliers.
(5) On November 8, 1995, the President continued the
national emergency declared in Executive Order No.
12938 of November 14, 1994, ``with respect to the
unusual and extraordinary threat to the national
security, foreign policy, and economy of the United
States posed by the proliferation of nuclear,
biological, and chemical weapons and the means of
delivering such weapons''.
(6) A successor regime to COCOM (the Coordinating
Committee for Multilateral Export Controls) has not
been established. Currently, each nation is determining
independently which dual-use military items, if any,
will be controlled for export.
(7) The United States should play a leading role in
promoting transparency and responsibility with regard
to the transfers of sensitive dual-use goods and
technologies.
(b) Sense of Congress.--It is the sense of the Congress
that--
(1) establishing an international export control
regime, empowered to control exports of dual-use
technology, is critically important and should be a top
priority for the United States; and
(2) the United States should strongly encourage its
allies and other friendly countries to--
(A) adopt export controls that are the same
or similar to the export controls imposed by
the United States on items on the Commerce
Control List;
(B) strengthen enforcement of their export
controls; and
(C) explore the use of unilateral export
controls where the possibility exists that an
export could contribute to the enhancement of
military capabilities or proliferation
described in paragraphs (3) and (5) of
subsection (a).
SEC. 1309. COUNTERPROLIFERATION PROGRAM REVIEW COMMITTEE.
(a) Composition of the Committee.--Subsection (a) of
section 1605 of the National Defense Authorization Act for
Fiscal Year 1994 (22 U.S.C. 2751 note) is amended by adding at
the end the following new paragraph: * * *
(b)-(c) * * *
(d) Reports on Counterproliferation Activities and
Programs.--Section 1503 of the National Defense Authorization
Act for Fiscal Year 1995 (22 U.S.C. 2751 note) is amended-- * *
*
SEC. 1310. SENSE OF CONGRESS CONCERNING ASSISTING OTHER COUNTRIES TO
IMPROVE SECURITY OF FISSILE MATERIAL.
(a) Findings.--Congress finds the following:
(1) With the end of the Cold War, the world is faced
with the need to manage the dismantling of vast numbers
of nuclear weapons and the disposition of the fissile
materials that they contain.
(2) If recently agreed reductions in nuclear weapons
are fully implemented, tens of thousands of nuclear
weapons, containing a hundred tons or more of plutonium
and many hundreds of tons of highly enriched uranium,
will no longer be needed for military purposes.
(3) Plutonium and highly enriched uranium are the
essential ingredients of nuclear weapons.
(4) Limits on access to plutonium and highly enriched
uranium are the primary technical barrier to acquiring
nuclear weapons capability in the world today.
(5) Several kilograms of plutonium, or several times
that amount of highly enriched uranium, are sufficient
to make a nuclear weapon.
(6) Plutonium and highly enriched uranium will
continue to pose a potential threat for as long as they
exist.
(7) Action is required to secure and account for
plutonium and highly enriched uranium.
(8) It is in the national interest of the United
States to--
(A) minimize the risk that fissile materials
could be obtained by unauthorized parties;
(B) minimize the risk that fissile materials
could be reintroduced into the arsenals from
which they came, halting or reversing the arms
reduction process; and
(C) strengthen the national and international
control mechanisms and incentives designed to
ensure continued arms reductions and prevent
the spread of nuclear weapons.
(b) Sense of Congress.--In light of the findings contained
in subsection (a), it is the sense of Congress that the United
States has a national security interest in assisting other
countries to improve the security of their stocks of fissile
material.
SEC. 1311. REVIEW BY DIRECTOR OF CENTRAL INTELLIGENCE OF NATIONAL
INTELLIGENCE ESTIMATE 95-19.
(a) Review.--The Director of Central Intelligence shall
conduct a review of the underlying assumptions and conclusions
of the National Intelligence Estimate designated as NIE 95-19
and entitled ``Emerging Missile Threats to North America During
the Next 15 Years'', released by the Director in November 1995.
(b) Methodology for Review.--The Director shall carry out
the review under subsection (a) through a panel of independent,
nongovernmental individuals with appropriate expertise and
experience. Such a panel shall be convened by the Director not
later than 45 days after the date of the enactment of this Act.
(c) Report.--The Director shall submit the findings
resulting from the review under subsection (a), together with
any comments of the Director on the review and the findings, to
Congress not later than three months after the appointment of
the Commission under section 1321.
Subtitle B--Commission To Assess the Ballistic Missile Threat to the
United States
SEC. 1321. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is hereby established a
commission to be known as the ``Commission To Assess the
Ballistic Missile Threat to the United States'' (hereafter in
this subtitle referred to as the ``Commission'').
(b) Composition.--The Commission shall be composed of nine
members appointed by the Director of Central Intelligence. In
selecting individuals for appointment to the Commission, the
Director should consult with--
(1) the Speaker of the House of Representatives
concerning the appointment of three of the members of
the Commission;
(2) the majority leader of the Senate concerning the
appointment of three of the members of the Commission;
and
(3) the minority leader of the House of
Representatives and the minority leader of the Senate
concerning the appointment of three of the members of
the Commission.
(c) Qualifications.--Members of the Commission shall be
appointed from among private United States citizens with
knowledge and expertise in the political and military aspects
of proliferation of ballistic missiles and the ballistic
missile threat to the United States.
(d) Chairman.--The Speaker of the House of Representatives,
after consultation with the majority leader of the Senate and
the minority leaders of the House of Representatives and the
Senate, shall designate one of the members of the Commission to
serve as chairman of the Commission.
(e) Period of Appointment; Vacancies.--Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall be filled in the same manner as the original
appointment.
(f) Security Clearances.--All members of the Commission
shall hold appropriate security clearances.
(g) Initial Organization Requirements.--(1) All
appointments to the Commission shall be made not later than 30
days after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 1998.\3\
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\3\ Sec. 1306(a)(1) of Public Law 105-85 (111 Stat. 1955) struck
out ``not later than 45 days after the date of the enactment of this
Act'' and inserted in lieu thereof ``not later than 30 days after the
date of the enactment of the National Defense Authorization Act for
Fiscal Year 1998''.
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(2) The Commission shall convene its first meeting not
later than 60 days \4\ after the date as of which all members
of the Commission have been appointed.\5\
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\4\ Sec. 1306(a)(2)(A) of Public Law 105-85 (111 Stat. 1955) struck
out ``30 days'' and inserted in lieu thereof ``60 days''.
\5\ Sec. 1306(a)(2)(B) of Public Law 105-85 (111 Stat. 1955) struck
out ``, but not earlier than October 15, 1996''.
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SEC. 1322. DUTIES OF COMMISSION.
(a) Review of Ballistic Missile Threat.--The Commission
shall assess the nature and magnitude of the existing and
emerging ballistic missile threat to the United States.
(b) Cooperation From Government Officials.--In carrying out
its duties, the Commission should receive the full and timely
cooperation of the Secretary of Defense, the Director of
Central Intelligence, and any other United States Government
official responsible for providing the Commission with
analyses, briefings, and other information necessary for the
fulfillment of its responsibilities.
SEC. 1323. REPORT.
The Commission shall, not later than six months after the
date of its first meeting, submit to the Congress a report on
its findings and conclusions.
SEC. 1324. POWERS.
(a) Hearings.--The Commission or, at its direction, any
panel or member of the Commission, may, for the purpose of
carrying out the provisions of this subtitle, hold hearings,
sit and act at times and places, take testimony, receive
evidence, and administer oaths to the extent that the
Commission or any panel or member considers advisable.
(b) Information.--The Commission may secure directly from
the Department of Defense, the Central Intelligence Agency, and
any other Federal department or agency information that the
Commission considers necessary to enable the Commission to
carry out its responsibilities under this subtitle.
SEC. 1325. COMMISSION PROCEDURES.
(a) Meetings.--The Commission shall meet at the call of the
Chairman.
(b) Quorum.--(1) Five members of the Commission shall
constitute a quorum other than for the purpose of holding
hearings.
(2) The Commission shall act by resolution agreed to by a
majority of the members of the Commission.
(c) Commission.--The Commission may establish panels
composed of less than full membership of the Commission for the
purpose of carrying out the Commission's duties. The actions of
each such panel shall be subject to the review and control of
the Commission. Any findings and determinations made by such a
panel shall not be considered the findings and determinations
of the Commission unless approved by the Commission.
(d) Authority of Individuals To Act for Commission.--Any
member or agent of the Commission may, if authorized by the
Commission, take any action which the Commission is authorized
to take under this subtitle.
SEC. 1326. PERSONNEL MATTERS.
(a) Pay of Members.--Members of the Commission shall serve
without pay by reason of their work on the Commission.
(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) The chairman of the Commission may, without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, appoint a
staff director and such additional personnel as may be
necessary to enable the Commission to perform its duties. The
appointment of a staff director shall be subject to the
approval of the Commission.
(2) The chairman of the Commission may fix the pay of the
staff 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 fixed under this paragraph for the staff director may
not exceed the rate payable for level V of the Executive
Schedule under section 5316 of such title and the rate of pay
for other personnel may not exceed the maximum rate payable for
grade GS-15 of the General Schedule.
(d) Detail of Government Employees.--Upon request of the
chairman of the Commission, the head of any Federal department
or agency may detail, on a nonreimbursable basis, any personnel
of that department or agency to the Commission to assist it in
carrying out its duties.
(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 payable for
level V of the Executive Schedule under section 5316 of such
title.
SEC. 1327. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.
(a) Postal and Printing Services.--The Commission may use
the United States mails and obtain printing and binding
services in the same manner and under the same conditions as
other departments and agencies of the Federal Government.
(b) Miscellaneous Administrative and Support Services.--The
Director of Central Intelligence shall furnish the Commission,
on a reimbursable basis, any administrative and support
services requested by the Commission.
SEC. 1328. FUNDING.
Funds for activities of the Commission shall be provided
from amounts appropriated for the Department of Defense for
operation and maintenance for Defense-wide activities for
fiscal year 1997 and fiscal year 1998.\6\ Upon receipt of a
written certification from the Chairman of the Commission
specifying the funds required for the activities of the
Commission, the Secretary of Defense shall promptly disburse to
the Commission, from such amounts, the funds required by the
Commission as stated in such certification.
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\6\ Sec. 1306(b) of Public Law 105-85 (111 Stat. 1955) inserted
``and fiscal year 1998'' after ``fiscal year 1997''.
---------------------------------------------------------------------------
SEC. 1329. TERMINATION OF THE COMMISSION.
The Commission shall terminate 60 days after the date of
the submission of its report under section 1323.
* * * * * * *
n. National Defense Authorization Act for 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 107-314 [Bob Stump National Defense
Authorization Act for Fiscal Year 2003; H.R. 4546], 116 Stat. 2458,
approved December 2, 2002
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,
* * * * * * *
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
* * * * * * *
TITLE XIV--ARMS CONTROL MATTERS
SEC. 1401. REVISION OF DEFINITION OF LANDMINE FOR PURPOSES OF LANDMINE
EXPORT MORATORIUM.
Section 1423(d) of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1832) is
amended-- * * * \1\
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\1\ For amended text, see Legislation on Foreign Relations Through
2008, vol. I-B.
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SEC. 1402. REPORTS ON MORATORIUM ON USE BY ARMED FORCES OF
ANTIPERSONNEL LANDMINES.
Not later than April 30 of each of 1996, 1997, and 1998,
the Chairman of the Joint Chiefs of Staff shall submit to the
congressional defense committees a report on the projected
effects of a moratorium on the defensive use of antipersonnel
mines and antitank mines by the Armed Forces. The report shall
include a discussion of the following matters:
(1) The extent to which current doctrine and
practices of the Armed Forces on the defensive use of
antipersonnel mines and antitank mines adhere to
applicable international law.
(2) The effects that a moratorium would have on the
defensive use of the current United States inventory of
remotely delivered, self-destructing antitank systems,
antipersonnel mines, and antitank mines.
(3) The reliability of the self-destructing
antipersonnel mines and self-destructing antitank mines
of the United States.
(4) The cost of clearing the antipersonnel minefields
currently protecting Naval Station Guantanamo Bay,
Cuba, and other United States installations.
(5) The cost of replacing antipersonnel mines in such
minefields with substitute systems such as the Claymore
mine, and the level of protection that would be
afforded by use of such a substitute.
(6) The extent to which the defensive use of
antipersonnel mines and antitank mines by the Armed
Forces is a source of civilian casualties around the
world, and the extent to which the United States, and
the Department of Defense particularly, contributes to
alleviating the illegal and indiscriminate use of such
munitions.
(7) The extent to which the threat to the security of
United States forces during operations other than war
and combat operations would increase as a result of
such a moratorium.
SEC. 1403. EXTENSION AND AMENDMENT OF COUNTER-PROLIFERATION
AUTHORITIES.
(a) One-Year Extension of Program.--Section 1505 of the
Weapons of Mass Destruction Control Act of 1992 (title XV of
Public Law 102-484; 22 U.S.C. 5859a) is amended-- * * *
SEC. 1404. LIMITATION ON RETIREMENT OR DISMANTLEMENT OF STRATEGIC
NUCLEAR DELIVERY SYSTEMS.
(a) Sense of Congress.--It is the sense of Congress that,
unless and until the START II Treaty enters into force, the
Secretary of Defense should not take any action to retire or
dismantle, or to prepare to retire or dismantle, any of the
following strategic nuclear delivery systems:
(1) B-52H bomber aircraft.
(2) Trident ballistic missile submarines.
(3) Minuteman III intercontinental ballistic
missiles.
(4) Peacekeeper intercontinental ballistic missiles.
(b) Limitation on Use of Funds.--Funds available to the
Department of Defense may not be obligated or expended during
fiscal year 1996 for retiring or dismantling, or for preparing
to retire or dismantle, any of the strategic nuclear delivery
systems specified in subsection (a).
SEC. 1405. CONGRESSIONAL FINDINGS AND SENSE OF CONGRESS CONCERNING
TREATY VIOLATIONS.
(a) Reaffirmation of Prior Findings Concerning the
Krasnoyarsk Radar.--Congress, noting its previous findings with
respect to the large phased-array radar of the Soviet Union
known as the ``Krasnoyarsk radar'' stated in paragraphs (1)
through (4) of section 902(a) of the National Defense
Authorization Act for Fiscal Years 1988 and 1989 (Public Law
100-180; 101 Stat. 1135) (and reaffirmed in section 1006(a) of
the National Defense Authorization Act for Fiscal Years 1990
and 1991 (Public Law 101-189; 103 Stat. 1543)), hereby
reaffirms those findings as follows:
(1) The 1972 Anti-Ballistic Missile Treaty prohibits
each party from deploying ballistic missile early
warning radars except at locations along the periphery
of its national territory and oriented outward.
(2) The 1972 Anti-Ballistic Missile Treaty prohibits
each party from deploying an ABM system to defend its
national territory and from providing a base for any
such nationwide defense.
(3) Large phased-array radars were recognized during
negotiation of the Anti-Ballistic Missile Treaty as the
critical long lead-time element of a nationwide defense
against ballistic missiles.
(4) In 1983 the United States discovered the
construction, in the interior of the Soviet Union near
the town of Krasnoyarsk, of a large phased-array radar
that has subsequently been judged to be for ballistic
missile early warning and tracking.
(b) Further Reference to 1987 Congressional Statements.--
Congress further notes that in section 902 of the National
Defense Authorization Act for Fiscal Years 1988 and 1989
(Public Law 100-180; 101 Stat. 1135) Congress also--
(1) noted that the President had certified that the
Krasnoyarsk radar was an unequivocal violation of the
1972 Anti-Ballistic Missile Treaty; and
(2) stated it to be the sense of the Congress that
the Soviet Union was in violation of its legal
obligation under that treaty.
(c) Further Reference to 1989 Congressional Statements.--
Congress further notes that in section 1006(b) of the National
Defense Authorization Act for Fiscal Years 1990 and 1991
(Public Law 101-189; 103 Stat. 1543) Congress also--
(1) again noted that in 1987 the President declared
that radar to be a clear violation of the 1972 Anti-
Ballistic Missile Treaty and noted that on October 23,
1989, the Foreign Minister of the Soviet Union conceded
that the Krasnoyarsk radar is a violation of the 1972
Anti-Ballistic Missile Treaty; and
(2) stated it to be the sense of the Congress that
the Soviet Union should dismantle the Krasnoyarsk radar
expeditiously and without conditions and that until
such radar was completely dismantled it would remain a
clear violation of the 1972 Anti-Ballistic Missile
Treaty.
(d) Additional Findings.--Congress also finds, with respect
to the Krasnoyarsk radar, that retired Soviet General Y.V.
Votintsev, Director of the Soviet National Air Defense Forces
from 1967 to 1985, has publicly stated--
(1) that he was directed by the Chief of the Soviet
General staff to locate the large phased-array radar at
Krasnoyarsk despite the recognition by Soviet
authorities that the location of such a radar at that
location would be a clear violation of the 1972 Anti-
Ballistic Missile Treaty; and
(2) that Marshal D.F. Ustinov, Soviet Minister of
Defense, threatened to relieve from duty any Soviet
officer who continued to object to the construction of
a large-phased array radar at Krasnoyarsk.
(e) Sense of Congress Concerning Soviet Treaty
Violations.--It is the sense of Congress that the government of
the Soviet Union intentionally violated its legal obligations
under the 1972 Anti-Ballistic Missile Treaty in order to
advance its national security interests.
(f) Sense of Congress Concerning Compliance by Russia With
Arms Control Obligations.--In light of subsections (a) through
(e), it is the sense of Congress that the United States should
remain vigilant in ensuring compliance by Russia with its arms
control obligations and should, when pursuing future arms
control agreements with Russia, bear in mind violations of arms
control obligations by the Soviet Union.
SEC. 1406. SENSE OF CONGRESS ON RATIFICATION OF CHEMICAL WEAPONS
CONVENTION AND START II TREATY.
(a) Findings.--Congress makes the following findings:
(1) Proliferation of chemical or nuclear weapons
materials poses a danger to United States national
security, and the threat or use of such materials by
terrorists would directly threaten United States
citizens at home and abroad.
(2) Events such as the March 1995 terrorist release
of a chemical nerve agent in the Tokyo subway, the
threatened use of chemical weapons during the 1991
Persian Gulf War, and the widespread use of chemical
weapons during the Iran-Iraq War of the 1980's are all
potent reminders of the menace posed by chemical
weapons, of the fact that the threat of chemical
weapons is not sufficiently addressed, and of the need
to outlaw the development, production, and possession
of chemical weapons.
(3) The Chemical Weapons Convention negotiated and
signed by President Bush would make it more difficult
for would-be proliferators, including terrorists, to
acquire or use chemical weapons, if ratified and fully
implemented, as signed, by all signatories.
(4) United States military authorities, including
Chairman of the Joint Chiefs of Staff General John
Shalikashvili, have stated that United States military
forces will deter and respond to chemical weapons
threats with a robust chemical defense and an
overwhelming superior conventional response, as
demonstrated in the Persian Gulf War, and have
testified in support of the ratification of the
Chemical Weapons Convention.
(5) The United States intelligence community has
testified that the Convention will provide new and
important sources of information, through regular data
exchanges and routine and challenge inspections, to
improve the ability of the United States to assess the
chemical weapons status in countries of concern.
(6) The Convention has not entered into force for
lack of the requisite number of ratifications.
(7) Russia has signed the Convention, but has not yet
ratified it.
(8) There have been reports by Russian sources of
continued Russian production and testing of chemical
weapons, including a statement by a spokesman of the
Russian Ministry of Defense on December 5, 1994, that
``We cannot say that all chemical weapons production
and testing has stopped altogether.''.
(9) The Convention will impose a legally binding
obligation on Russia and other nations that possess
chemical weapons and that ratify the Convention to
cease offensive chemical weapons activities and to
destroy their chemical weapons stockpiles and
production facilities.
(10) The United States must be prepared to exercise
fully its rights under the Convention, including the
request of challenge inspections when warranted, and to
exercise leadership in pursuing punitive measures
against violators of the Convention, when warranted.
(11) The United States should strongly encourage full
implementation at the earliest possible date of the
terms and conditions of the United States-Russia
bilateral chemical weapons destruction agreement signed
in 1990.
(12) The START II Treaty negotiated and signed by
President Bush would help reduce the danger of
potential proliferators, including terrorists,
acquiring nuclear warheads and materials, and would
contribute to United States-Russian bilateral efforts
to secure and dismantle nuclear warheads, if ratified
and fully implemented as signed by both parties.
(13) It is in the national security interest of the
United States to take effective steps to make it more
difficult for proliferators or would-be terrorists to
obtain chemical or nuclear materials for use in
weapons.
(14) The President has urged prompt Senate action on,
and advice and consent to ratification of, the START II
Treaty and the Chemical Weapons Convention.
(15) The Chairman of the Joint Chiefs of Staff has
testified to Congress that ratification and full
implementation of both treaties by all parties is in
the United States national interest and has strongly
urged prompt Senate advice and consent to their
ratification.
(b) Sense of Congress.--It is the sense of Congress that
the United States, Russia, and all other parties to the START
II Treaty and the Chemical Weapons Convention should promptly
ratify and fully implement, as negotiated, both treaties.
SEC. 1407. IMPLEMENTATION OF ARMS CONTROL AGREEMENTS.
(a) Funding.--Of the amounts appropriated pursuant to
authorizations in sections 102, 103, 104, 201, and 301, the
Secretary of Defense may use an amount not to exceed
$239,941,000 for implementing arms control agreements to which
the United States is a party.
(b) Limitation.--(1) Funds made available pursuant to
subsection (a) for the costs of implementing an arms control
agreement may not (except as provided in paragraph (2)) be used
to reimburse expenses incurred by any other party to the
agreement for which (without regard to any executive agreement
or any policy not part of an arms control agreement)--
(A) the other party is responsible under the terms of
the arms control agreement; and
(B) the United States has no responsibility under the
agreement.
(2) The limitation in paragraph (1) does not apply to a use
of funds to carry out an arms control expenses reimbursement
policy of the United States described in subsection (c).
(c) Covered Arms Control Expenses Reimbursement Policies.--
Subsection (b)(2) applies to a policy of the United States to
reimburse expenses incurred by another party to an arms control
agreement if--
(1) the policy does not modify any obligation imposed
by the arms control agreement;
(2) the President--
(A) issued or approved the policy before the
date of the enactment of this Act; or
(B) entered into an agreement on the policy
with the government of another country or
approved an agreement on the policy entered
into by an official of the United States and
the government of another country; and
(3) the President has notified the designated
congressional committees of the policy or the policy
agreement (as the case may be), in writing, at least 30
days before the date on which the President issued or
approved the policy or has entered into or approved the
policy agreement.
(d) Definitions.--For the purposes of this section:
(1) The term ``arms control agreement'' means an arms
control treaty or other form of international arms
control agreement.
(2) The term ``executive agreement'' means an
international agreement entered into by the President
that is not authorized by law or entered into as a
Treaty to which the Senate has given its advice and
consent to ratification.
(3) The term ``designated congressional committees''
means the following:
(A) The Committee on Foreign Relations, the
Committee on Armed Services, and the Committee
on Appropriations of the Senate.
(B) The Committee on International Relations,
the Committee on National Security, and the
Committee on Appropriations of the House of
Representatives.
SEC. 1408. IRAN AND IRAQ ARMS NONPROLIFERATION.
(a) Sanctions Against Transfers of Persons.--Section
1604(a) of the Iran-Iraq Arms Non-Proliferation Act of 1992
(title XVI of Public Law 102-484; 50 U.S.C. 1701 note) is
amended * * *
(b) Sanctions Against Transfers of Foreign Countries.--
Section 1605(a) of such Act is amended * * *
(c) Clarification of United States Assistance.--
Subparagraph (A) of section 1608(7) of such Act is amended * *
*
(d) Notification of Certain Waivers Under MTCR
Procedures.--Section 73(e)(2) of the Arms Export Control Act
(22 U.S.C. 2797b(e)(2)) is amended-- * * * \2\
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\2\ See Legislation on Foreign Relations Through 2008, vol. I-A.
---------------------------------------------------------------------------
* * * * * * *
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
* * * * * * *
Subtitle C--Program Authorizations, Restrictions, and Limitations
SEC. 3131. AUTHORITY TO CONDUCT PROGRAM RELATING TO FISSILE MATERIALS.
(a) \3\ The Secretary of Energy may conduct programs
designed to improve the protection, control, and accountability
of fissile materials in Russia.
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\3\ Sec. 3152(1) of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2738) struck
out ``Authority.--'' from the beginning of this subsection, and sec.
3152(2) of that Act struck out subsec. (b), which formerly read as
follows:
``(b) Semi-Annual Reports on Obligation of Funds.--(1) Not later
than 30 days after the date of the enactment of this Act, and
thereafter not later than April 1 and October 1 of each year, the
Secretary of Energy shall submit to Congress a report on each
obligation during the preceding six months of funds appropriated for a
program described in subsection (a).
``(2) Each such report shall specify--
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``(A) the activities and forms of assistance for which the Secretary of
Energy has obligated funds;
``(B) the amount of the obligation;
``(C) the activities and forms of assistance for which the Secretary
anticipates obligating funds during the six months immediately following
the report, and the amount of each such anticipated obligation; and
``(D) the projected involvement (if any) of any department or agency of
the United States (in addition to the Department of Energy) and of the
private sector of the United States in the activities and forms of
assistance for which the Secretary of Energy has obligated funds referred
to in subparagraph (A).''.
* * * * * * *
o. National Defense Authorization Act for Fiscal Year 1995
Partial text of Public Law 103-337 [National Defense Authorization Act
for Fiscal Year 1995; S. 2182], 108 Stat. 2663 at 2882, approved
October 5, 1994; 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], 111 Stat. 512,
approved October 5, 1999; 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 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 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,
* * * * * * *
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
* * * * * * *
TITLE XV--ARMS CONTROL MATTERS
* * * * * * *
SEC. 1503.\1\ REPORTS ON COUNTERPROLIFERATION ACTIVITIES AND PROGRAMS.
(a) Biennial \2\ Report Required.--Not later than May 1
each odd-numbered year,\3\ the Secretary \4\ of Defense shall
submit to Congress a report of the findings of the
Counterproliferation Program Review Committee established by
subsection (a) of the Review Committee charter.
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\1\ 22 U.S.C. 2751 note.
\2\ Sec. 1256(d)(1)(A) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 404) struck out
``Annual'' and inserted in lieu thereof ``Biennial''.
\3\ Sec. 1208(b) of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2668) struck
out ``February 1 of each year'' and inserted in lieu thereof ``May 1
each year''. Subsequently, sec. 1256(d)(1)(B) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
404) struck out ``each year'' and inserted in lieu thereof ``each odd-
numbered year''.
\4\ Sec. 1504(c) of Public Law 106-65 (113 Stat. 808) struck out
``May 1 of each year'' and inserted in lieu thereof ``February 1 of
each year''. Previously, sec. 1309(d)(1)(A) of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat.
2710) struck out ``Report Required.--(1) Not later than May 1, 1995 and
May 1, 1996, the Secretary'' and inserted in lieu thereof ``Annual
Report Required.--Not later than May 1 of each year, the Secretary''.
Sec. 1309(d)(1)(B) of that Act struck out para. (2).
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(b) Content of Report.--Each report under subsection (a)
shall include the following:
(1) A complete list, by specific program element, of
the existing, planned, or newly proposed capabilities
and technologies reviewed by the Review Committee
pursuant to subsection (c) of the Review Committee
charter.
(2) A complete description of the requirements and
priorities established by the Review Committee.
(3) A comprehensive discussion of the near-term, mid-
term, and long-term programmatic options formulated by
the Review Committee for meeting requirements
prescribed by the Review Committee and for eliminating
deficiencies identified by the Review Committee,
including the annual funding requirements and
completion dates established for each such option.
(4) An explanation of the recommendations made
pursuant to subsection (c) of the Review Committee
charter, together with a full discussion of the actions
taken to implement such recommendations or otherwise
taken on the recommendations.
(5) A discussion and assessment of the status of each
Review Committee recommendation during the two fiscal
years preceding \5\ the fiscal year in which the report
is submitted, including, particularly, the status of
recommendations made during such preceding fiscal years
\5\ that were reflected in the budget submitted to
Congress pursuant to section 1105(a) of title 31,
United States Code, in the fiscal year of the report.
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\5\ Sec. 1256(d)(2)(A) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 404) struck out
``fiscal year preceding'' and inserted in lieu thereof ``two fiscal
years preceding''. Sec. 1256(d)(2)(B) struck out ``preceding fiscal
year'' and inserted in lieu thereof ``preceding fiscal years''.
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(6) Each specific Department of Energy program that
the Secretary of Energy plans to develop to initial
operating capability and each such program that the
Secretary does not plan to develop to initial operating
capability.
(7) For each technology program scheduled to reach
initial operational capability, a recommendation from
the Chairman of the Joint Chiefs of Staff that
represents the views of the commanders of the unified
and specified commands regarding the utility and
requirement of the program.
(8) \6\ A discussion of the limitations and
impediments to the biological weapons
counterproliferation efforts of the Department of
Defense (including legal, policy, and resource
constraints) and recommendations for the removal or
mitigation of such impediments and for ways to make
such efforts more effective.
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\6\ Sec. 1208(c) of the National Defense Authorization Act for
Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2668) added para. (8).
---------------------------------------------------------------------------
(c) Forms of Report.--Each such report shall be submitted
in both unclassified and classified forms, including an annex
to the classified report for special compartmented information
programs, special access programs, and special activities
programs.
(d) \7\ Review Committee Charter Defined.--For purposes of
this section, the term ``Review Committee charter'' means
section 1605 of the National Defense Authorization Act for
Fiscal Year 1994 (22 U.S.C. 2751 note).
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\7\ Sec. 1309(d)(2) of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2710) added subsecs.
(d) and (e).
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(e) \7\ Termination of Requirement.--The final report
required under subsection (a) is the report for the year
following the year in which the Counterproliferation Program
Review Committee established under the Review Committee Charter
ceases to exist.
SEC. 1504. AMOUNTS FOR COUNTERPROLIFERATION ACTIVITIES.
(a) Counterproliferation Activities.--Of the amount
authorized to be appropriated in section 201(4), $16,500,000
shall be available for counterproliferation activities.
(b) Limitation.--(1) Of the funds made available pursuant
to subsection (a), $4,000,000 may not be obligated until the
Secretary of Defense submits to Congress a report on a proposed
classified counterproliferation database system. The report
shall provide--
(A) an assessment of current major databases and
software capabilities of entities in the intelligence
community and of national weapons laboratories and
laboratories of the Armed Forces against capabilities
defined in the proposed project; and
(B) an assessment of the technical feasibility of the
proposed system, program plan, strategy, milestones and
future year funding.
(2) No funds may be obligated for the database system
described in the report until the Secretary of Defense and the
Director of Central Intelligence enter into a written agreement
concerning the program to develop that database system that
provides--
(A) how funding for that program is to be divided
between (i) the account of the National Foreign
Intelligence Program, and (ii) Tactical Intelligence
and Related Program accounts; and
(B) a plan for the sources of funds for, and the
programmed amounts for, that program for fiscal years
after fiscal year 1995.
(c) Education in Support of Counterproliferation
Activities.--Of the amount authorized to be appropriated in
section 301(5), not more than $2,000,000 shall be available for
providing education to members of the Armed Forces in matters
relating to counterproliferation.
(d) Additional Authority To Transfer Authorizations.--(1)
In addition to the transfer authority provided in section 1001,
upon determination by the Secretary of Defense that such action
is necessary in the national interest, the Secretary may
transfer amounts of authorizations made available to the
Department of Defense in this division for fiscal year 1995 to
counterproliferation programs, projects, and activities
identified as areas for progress by the Counterproliferation
Program Review Committee established by section 1605 of the
National Defense Authorization Act for Fiscal Year 1994 (Public
Law 103-160), as amended by section 1502. Amounts of
authorizations so transferred shall be merged with and be
available for the same purposes as the authorization to which
transferred.
(2) The total amount of authorizations that the Secretary
may transfer under the authority of this subsection may not
exceed $100,000,000.
(3) The authority provided by this subsection to transfer
authorizations--
(A) may only be used to provide authority for items
that have a higher priority than the items from which
authority is transferred; and
(B) may not be used to provide authority for an item
that has been denied authorization by Congress.
(4) A transfer made from one account to another under the
authority of this subsection shall be deemed to increase the
amount authorized for the account to which the amount is
transferred by an amount equal to the amount transferred.
(5) The Secretary of Defense shall promptly notify Congress
of transfers made under the authority of this subsection.
(e) Use of Funds for Technology Development.--(1) Of the
funds authorized to be appropriated by section 201(4) for
counterproliferation technology projects--
(A) up to $5,000,000 shall be available for a program
to detect, locate, and disarm weapons of mass
destruction that are hidden by a hostile state or
terrorist or terrorist group in a confined area outside
the United States; and
(B) up to $10,000,000 shall be available for the
training program referred to in paragraph (3).
(2) The Secretary of Defense shall make funds available for
the program referred to in paragraph (1)(A) in a manner that,
to the maximum extent practicable, ensures the effective use of
existing resources of the national weapons laboratories.
(3)(A) The Secretary of Defense may participate in a \8\
training program carried out jointly by the Secretary of
Defense and the Director of the Federal Bureau of Investigation
in order to expand and improve United States efforts to deter
the possible proliferation and acquisition of \9\ weapons of
mass destruction by organized crime organizations in Eastern
Europe, the Baltic countries,\10\ states of the former Soviet
Union, and in other countries in which, as determined by the
Secretary of Defense, there exists a significant threat of such
proliferation and acquisition.\11\
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\8\ Sec. 1211(b)(1) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
2087) struck out ``The training program referred to in paragraph (1)(B)
is a'' and inserted in lieu thereof ``The Secretary of Defense may
participate in a''.
\9\ Sec. 1211(b)(2) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
2087) added ``of'' after ``acquisition''.
\10\ Sec. 1211(b)(3) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
2087) struck out ``and'' after ``countries,''.
\11\ Sec. 1211(b)(4) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
2087) added ``, and in other countries in which, as determined by the
Secretary of Defense, there exists a significant threat of such
proliferation and acquisition''.
---------------------------------------------------------------------------
(B) Of the funds available under paragraph (1)(B) for the
program referred to in subparagraph (A), $9,000,000 may not be
obligated or expended for that program until the Secretary of
Defense and the Director of the Federal Bureau of Investigation
jointly submit to the congressional committees specified in
subparagraph (C) a report that--
(i) identifies the nature and extent of the threat
posed to the United States by the possible
proliferation and acquisition of weapons of mass
destruction by organized crime organizations in Eastern
Europe, the Baltic countries, and states of the former
Soviet Union;
(ii) assesses the actions that the United States
should undertake in order to assist law enforcement
agencies of Eastern Europe, the Baltic countries, and
states of the former Soviet Union in the efforts of
such agencies to prevent and deter the theft of nuclear
weapons material; and
(iii) contains an estimate of--
(I) the cost of undertaking such actions,
including the costs of personnel, support
equipment, and training;
(II) the time required to commence the
carrying out of the program referred to in
paragraph (1)(B); and
(III) the amount of funds, if any, that will
be required in fiscal years after fiscal year
1995 in order to carry out the program.
(C) The congressional committees referred to in this
subparagraph are the following:
(i) The Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of
the House of Representatives.\12\
---------------------------------------------------------------------------
\12\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Armed Services of the House of
Representatives shall be treated as referring to the Committee on
National Security of the House of Representatives. Sec. 1(a)(5) of that
Act provided that references to the Committee on Foreign Affairs shall
be treated as referring to the Committee on International Relations.
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(ii) The Committee on Armed Services, the Committee
on Appropriations, and the Committee on Foreign
Relations of the Senate.
* * * * * * *
SEC. 1506. RESTRICTION RELATING TO SUBMISSION OF REPORT ON
PROLIFERATION OF FOREIGN MILITARY SATELLITES.
None of the funds available to the Department of Defense
may be expended for travel by the Assistant Secretary of
Defense for International Security Policy until the Secretary
of Defense submits to Congress the report required by section
1363 of the National Defense Authorization Act for Fiscal Year
1993 (Public Law 102-484; 106 Stat. 2560).
SEC. 1507. LIMITATION ON FUNDS FOR STUDIES PENDING RECEIPT OF
PREVIOUSLY REQUIRED REPORT.
(a) Limitation.--Of the total amount specified in section
1505 for counterproliferation activities for fiscal year 1995,
$1,000,000 shall be withheld from obligation until the report
described in subsection (b) has been submitted to Congress.
(b) Report.--The report referred to in subsection (a) is
the report required to be submitted to Congress not later than
May 30, 1994, pursuant to section 1422 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107
Stat. 1829).
SEC. 1508. SENSE OF CONGRESS CONCERNING INDEFINITE EXTENSION OF NUCLEAR
NON-PROLIFERATION TREATY.
(a) Findings.--Congress makes the following findings:
(1) The Treaty on the Non-Proliferation of Nuclear
Weapons, signed at Washington, D.C., London, and Moscow
on July 1, 1968, is the centerpiece of global efforts
to prevent the spread of nuclear weapons.
(2) The United States has demonstrated longstanding
support for that treaty and related efforts to prevent
the spread of nuclear weapons.
(3) President Clinton has declared that preventing
the spread of nuclear weapons is one of the highest
priorities of his Administration.
(4) In April 1995, the parties to the Treaty on the
Non-Proliferation of Nuclear Weapons will convene a
conference in New York City to discuss the indefinite
extension of the treaty.
(5) The policy of the President is to seek at that
conference the indefinite and unconditional extension
of that treaty.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the President has the full support of Congress in
seeking the indefinite and unconditional extension of
the Treaty on the Non-Proliferation of Nuclear Weapons;
(2) the President, when formulating and implementing
other elements of nonproliferation policy of the United
States (including United States counterproliferation
doctrine, the Nuclear Posture Review, and nuclear
testing policy), should take into account the
objectives of the United States at the 1995 conference
of the parties to the Treaty on the Non-Proliferation
of Nuclear Weapons; and
(3) the President and the President's senior national
security advisers should dedicate themselves to
ensuring the indefinite and unconditional extension of
the Treaty on the Non-Proliferation of Nuclear Weapons
at the 1995 conference for that treaty.
SEC. 1509. NEGOTIATION OF LIMITATIONS ON NUCLEAR WEAPONS TESTING.
(a) Findings.--Congress makes the following findings:
(1) On January 25, 1994, the United States and 37
other nations began negotiations for a comprehensive
treaty to ban permanently all nuclear weapons testing.
(2) On March 14, 1994, the President extended the
current United States moratorium on nuclear weapons
testing through September 1995.
(3) The United States is seeking to extend
indefinitely the Treaty on the Non-Proliferation of
Nuclear Weapons at the conference of the parties to the
Treaty to be held in New York City in April 1995.
(4) Conclusion of a comprehensive nuclear test ban
treaty could contribute toward successful negotiations
to extend the Treaty on the Non-Proliferation of
Nuclear Weapons.
(5) Agreements to eliminate nuclear weapons testing
and to control the spread of nuclear weapons could
contribute to the national security of the United
States, its allies, and other nations around the world.
(b) Statement of Congressional Policy.--In view of the
findings set forth in subsection (a), Congress--
(1) applauds the President for maintaining the United
States moratorium on nuclear weapons testing and for
taking a leadership role toward negotiation of a
comprehensive nuclear test ban treaty;
(2) encourages all nuclear powers to refrain from
conducting nuclear explosions, before the conclusion of
a comprehensive nuclear test ban treaty; and
(3) urges the Conference on Disarmament to make all
possible progress toward a comprehensive nuclear test
ban treaty by the end of 1994.
p. National Defense Authorization Act for Fiscal Year 1994
Partial text of Public Law 103-160 [H.R. 2401], 107 Stat. 1547 at 1841,
approved November 30, 1993; as amended by Public Law 103-337 [National
Defense Authorization for Fiscal Year 1995; S. 2182], 108 Stat. 2663,
approved October 5, 1994; Public Law 104-106 [National Defense
Authorization Act for Fiscal Year 1996; S. 1124], 110 Stat. 186,
approved February 10, 1996; 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. 1019], 114 Stat. 512,
approved October 5, 1999; 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 109-163 [National Defense
Authorization Act for Fiscal Year 2006; H.R. 1815], 119 Stat. 3136,
approved January 6, 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 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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 1994''.
* * * * * * *
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
* * * * * * *
TITLE XVI--ARMS CONTROL MATTERS
Subtitle A--Programs in Support of the Prevention and Control of
Proliferation of Weapons of Mass Destruction
SEC. 1601. STUDY OF GLOBAL PROLIFERATION OF STRATEGIC AND ADVANCED
CONVENTIONAL MILITARY WEAPONS AND RELATED EQUIPMENT
AND TECHNOLOGY.
(a) Study.--The President shall conduct a study of (1) the
factors that contribute to the proliferation of strategic and
advanced conventional military weapons and related equipment
and technologies, and (2) the policy options that are available
to the United States to inhibit such proliferation.
(b) Conduct of Study.--In carrying out the study the
President shall do the following:
(1) Identify those factors contributing to global
weapons proliferation which can be most effectively
regulated.
(2) Identify and assess policy approaches available
to the United States to discourage the transfer of
strategic and advanced conventional military weapons
and related equipment and technology.
(3) Assess the effectiveness of current multilateral
efforts to control the transfer of such military
weapons and equipment and such technology.
(4) Identify and examine methods by which the United
States could reinforce these multilateral efforts to
discourage the transfer of such weapons and equipment
and such technology, including placing conditions on
assistance provided by the United States to other
nations.
(5) Identify the circumstances under which United
States national security interests might best be served
by a transfer of conventional military weapons and
related equipment and technology, and specifically
assess whether such circumstances exist when such a
transfer is made to an allied country which, with the
United States, has mutual national security interests
to be served by such a transfer.
(6) Assess the effect on the United States economy
and the national technology and industrial base (as
defined by section 2491(1) of title 10, United States
Code) which might result from potential changes in
United States policy controlling the transfer of such
military weapons and related equipment and technology.
(c) Advisory Board.--(1) Within 15 days after the date of
the enactment of this Act, the President shall establish an
Advisory Board on Arms Proliferation Policy. The advisory board
shall be composed of 5 members. The President shall appoint the
members from among persons in private life who are noted for
their stature and expertise in matters covered by the study
required under subsection (a) and shall ensure, in making the
appointments, that the advisory board is composed of members
from diverse backgrounds. The President shall designate one of
the members as chairman of the advisory board.
(2) The President is encouraged--
(A) to obtain the advice of the advisory board
regarding the matters studied pursuant to subsection
(a) and to consider that advice in carrying out the
study; and
(B) to ensure that the advisory board is informed in
a timely manner and on a continuing basis of the
results of policy reviews carried out under the study
by persons outside the board.
(3) The members of the advisory board shall receive no pay
for serving on the advisory board. However, the members shall
be allowed travel expenses and per diem in accordance with the
regulations referred to in paragraph (6).
(4) Upon request of the chairman of the advisory board, the
Secretary of Defense or the head of any other Federal
department or agency may detail, without reimbursement for
costs, any of the personnel of the department or agency to the
advisory board to assist the board in carrying out its duties.
(5) The Secretary of Defense shall designate a federally
funded research and development center with expertise in the
matters covered by the study required under subsection (a) to
provide the advisory board with such support services as the
advisory board may need to carry out its duties.
(6) Except as otherwise provided in this section, the
provisions of the Federal Advisory Committee Act (5 U.S.C.
App.), and the regulations prescribed by the Administrator of
General Services pursuant to that Act, shall apply to the
advisory board. Subsections (e) and (f) of section 10 of such
Act do not apply to the advisory board.
(7) The advisory board shall terminate 30 days after the
date on which the President submits the final report of the
advisory board to Congress pursuant to subsection (d)(2)(B).
(d) Reports.--(1) The Advisory Board on Arms Proliferation
Policy shall submit to the President, not later than May 15,
1994, a report containing its findings, conclusions, and
recommendations on the matters covered by the study carried out
pursuant to subsection (a).
(2) The President shall submit to Congress, not later than
June 1, 1994--
(A) a report on the study carried out pursuant to
subsection (a), including the President's findings and
conclusions regarding the matters considered in the
study; and
(B) the report of the Advisory Board on Arms
Proliferation Policy received under paragraph (1),
together with the comments, if any, of the President on
that report.
* * * * * * *
SEC. 1603. STUDIES RELATING TO UNITED STATES COUNTERPROLIFERATION
POLICY.
(a) Authorization To Conduct Studies.--The Secretary \1\ of
Defense may conduct studies and analysis programs in support of
the counterproliferation policy of the United States.
---------------------------------------------------------------------------
\1\ Sec. 1505(a) of Public Law 103-337 (108 Stat. 2919) struck out
``During fiscal year 1994, the Secretary'' and inserted in lieu thereof
``The Secretary''.
---------------------------------------------------------------------------
(b) Counterproliferation Studies.--Studies and analysis
programs under this section may include programs intended to
explore defense policy issues that might be involved in efforts
to prevent and counter the proliferation of weapons of mass
destruction and their delivery systems. Such efforts include--
(1) enhancing United States military capabilities to
deter and respond to terrorism, theft, and
proliferation involving weapons of mass destruction;
(2) cooperating in international programs to enhance
military capabilities to deter and respond to
terrorism, theft, and proliferation involving weapons
of mass destruction; and
(3) otherwise contributing to Department of Defense
capabilities to deter, identify, monitor, and respond
to such terrorism, theft, and proliferation involving
weapons of mass destruction.
(c) Designation of Coordinator.--The Under Secretary of
Defense for Policy, subject to the supervision and control of
the Secretary of Defense, shall coordinate the policy studies
and analysis of the Department of Defense on countering
proliferation of weapons of mass destruction and their delivery
systems.
(d) \2\ Report.--Not later than April 30 of each year,\3\
the Secretary of Defense shall submit to the appropriate
congressional committees a report on the activities carried out
under subsection (a). Each report shall set forth for the
twelve-month \4\ period ending on the last day of the month
preceding the month in which the report is due the following:
---------------------------------------------------------------------------
\2\ Sec. 1505(b) of Public Law 103-337 (108 Stat. 2919) struck out
subsecs. (d) and (e), and redesignated former subsec. (f) as subsec.
(d). Former subsecs. (d) and (e) read as follows:
``(d) Funds.--Funds for programs authorized in this section shall
be derived from amounts made available to the Department of Defense for
fiscal year 1994 or from balances in working capital accounts of the
Department of Defense. The total amount expended for fiscal year 1994
to carry out studies and analysis programs under subsection (a) may not
exceed $6,000,000.
``(e) Restriction.--None of the funds referred to in subsection (d)
shall be available for the purposes stated in this section until 15
days after the date on which the Secretary of Defense submits to the
appropriate congressional committees a report setting forth--
---------------------------------------------------------------------------
``(1) a description of all of the activities within the Department of
Defense that are being carried out or are to be carried out for the
purposes stated in this section;
``(2) the plan for coordinating and integrating those activities within
the Department of Defense;
``(3) the plan for coordinating and integrating those activities with
those of other Federal agencies; and
``(4) the sources of the funds to be used for such purposes.''.
---------------------------------------------------------------------------
\3\ Sec. 1505(b)(3)(A) of Public Law 103-337 (108 Stat. 2919)
struck out ``and not later than October 30 of each year'' at this
point. Sec. 1504(b)(1) of Public Law 104-106 (110 Stat. 513) struck out
a second comma at this point.
\4\ Sec. 1505(b)(3)(B) of Public Law 103-337 (108 Stat. 2919)
struck out ``six-month'' and inserted in lieu thereof ``twelve-month''.
---------------------------------------------------------------------------
(1) A description of the studies and analysis carried
out.
(2) The amounts spent for such studies and analysis.
(3) The organizations that conducted the studies and
analysis.
(4) An explanation of the extent to which such
studies and analysis contribute \5\ to the
counterproliferation policy of the United States and
United States military capabilities to deter and
respond to terrorism, theft, and proliferation
involving weapons of mass destruction.
---------------------------------------------------------------------------
\5\ Sec. 1504(b)(2) of Public Law 104-106 (110 Stat. 513) struck
out ``contributes'' and inserted in lieu thereof ``contribute''.
---------------------------------------------------------------------------
(5) A description of the measures being taken to
ensure that such studies and analysis within the
Department of Defense are \6\ managed effectively and
coordinated comprehensively.
---------------------------------------------------------------------------
\6\ Sec. 1504(b)(3) of Public Law 104-106 (110 Stat. 513) struck
out ``is'' and inserted in lieu thereof ``are''.
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SEC. 1604. SENSE OF CONGRESS REGARDING UNITED STATES CAPABILITIES TO
PREVENT AND COUNTER WEAPONS PROLIFERATION.
It is the sense of Congress that--
(1) the United States should have the ability to
counter effectively potential threats to United States
interests that arise from the proliferation of such
weapons;
(2) the Department of Defense, the Department of
State, the Department of Energy, the Arms Control and
Disarmament Agency, and the intelligence community have
important roles, as well as unique capabilities and
expertise, in preventing the proliferation of weapons
of mass destruction and dealing with the consequences
of any proliferation of such weapons, including
capabilities and expertise regarding--
(A) detection and monitoring of proliferation
of weapons of mass destruction;
(B) development of effective export control
regimes;
(C) interdiction and destruction of weapons
of mass destruction and related weapons
material; and
(D) carrying out international monitoring and
inspection regimes that relate to proliferation
of such weapons and material;
(3) the Department of Defense, the Department of
Energy, and the intelligence community have unique
capabilities and expertise that contribute directly to
the ability of the United States to implement United
States policy to counter effectively the threats that
arise from the proliferation of weapons of mass
destruction, including capabilities and expertise
regarding--
(A) responses to terrorism, theft, or
accidents involving weapons of mass
destruction;
(B) conduct of intrusive international
inspections for verification of arms control
treaties;
(C) direct and discrete counterproliferation
actions that require use of force; and
(D) development and deployment of active
military countermeasures and protective
measures against threats resulting from arms
proliferation, including defenses against
ballistic missile attacks; and
(4) the United States should continue to maintain and
improve its capabilities to identify, monitor, and
respond to the proliferation of weapons of mass
destruction and delivery systems for such weapons.
SEC. 1605.\7\ JOINT COMMITTEE FOR REVIEW OF COUNTERPROLIFERATION \8\
PROGRAMS OF THE UNITED STATES.
(a) Establishment.--(1) There is hereby established a
Counterproliferation Program Review Committee \9\ composed of
the following members:
---------------------------------------------------------------------------
\7\ 22 U.S.C. 2751 note.
\8\ Sec. 1502(f) of Public Law 103-337 (108 Stat. 2916) struck out
``proliferation'' from the section catchline, inserting in lieu thereof
``counterproliferation''.
\9\ Sec. 1502(a)(1)(A) of Public Law 103-337 (108 Stat. 2915)
struck out ``Non-Proliferation Program Review Committee'' and inserted
in lieu thereof ``Counterproliferation Program Review Committee''.
Subpara. (B) of that section struck out subparas. (B) and (E) from this
subsection, which referred to ``(B) The Secretary of State'', and ``(E)
The Director of the United States Arms Control and Disarmament
Agency''. Subpara. (C) of that section subsequently redesignated
subparas. (C), (D), and (F) as (B), (C), and (D).
---------------------------------------------------------------------------
(A) The Secretary of Defense.
(B) \9\ The Secretary of Energy.
(C) \9\ The Director of National Intelligence.\10\
---------------------------------------------------------------------------
\10\ Sec. 1256(a)(1) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 403) struck out
``Director of Central Intelligence'' and inserted in lieu thereof
``Director of National Intelligence''.
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(D) \9\ The Chairman of the Joint Chiefs of Staff.
(E) \11\ The Secretary of State.
---------------------------------------------------------------------------
\11\ Sec. 1256(a)(2) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 403) added subparas.
(E) and (F).
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(F) \11\ The Secretary of Homeland Security.
(2) The Secretary of Defense shall chair the committee. The
Secretary of Energy shall serve as the Vice Chairman of the
committee.\12\
---------------------------------------------------------------------------
\12\ Sec. 1502(a)(2) of Public Law 103-337 (108 Stat. 2915) added
``The Secretary of Energy shall serve as the Vice Chairman of the
committee.''.
---------------------------------------------------------------------------
(3) A member of the committee may designate a
representative to perform routinely the duties of the member. A
representative shall be in a position of Deputy Assistant
Secretary or a position equivalent to or above the level of
Deputy Assistant Secretary. A representative of the Chairman of
the Joint Chiefs of Staff shall be a person in a grade
equivalent to that of Deputy Assistant Secretary of Defense.
(4) The Secretary of Defense may delegate to the Under
Secretary of Defense for Acquisition, Technology, and Logistics
\13\ the performance of the duties of the Chairman of the
committee. The Secretary of Energy may delegate to the Under
Secretary of Energy responsible for national security programs
of the Department of Energy the performance of the duties of
the Vice Chairman of the committee.\14\
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\13\ Sec. 1208(d) of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2668) struck
out ``Under Secretary of Defense for Acquisition and Technology'' and
inserted in lieu thereof ``Under Secretary of Defense for Acquisition,
Technology, and Logisitics''. Sec. 1056(f) of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat.
3440) struck out ``Logisitics'' and inserted in lieu thereof
``Logistics''.
\14\ Sec. 1502(a)(3) of Public Law 103-337 (108 Stat. 2915) added
this sentence to para. (4). Para. (4) of that subsection struck out
para. (5), which read as follows:
``(5) The members of the committee shall first meet not later than
30 days after the date of the enactment of this Act. Upon designation
of working level officials and representatives, the members of the
committee shall jointly notify the appropriate committees of Congress
that the committee has been constituted. The notification shall
identify the representatives designated pursuant to paragraph (3) and
the working level officials of the committee.''.
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(5) \15\ The Assistant to the Secretary of Defense for
Nuclear and Chemical and Biological Defense Programs shall
serve as executive secretary to the committee, except that
during any period during which that position is vacant the
Assistant Secretary of Defense for Strategy and Threat
Reduction shall serve as the executive secretary.
---------------------------------------------------------------------------
\15\ Sec. 1309(a) of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2710) added para. (5).
It was subsequently amended and restated by sec. 1504(b) of Public Law
106-65 (113 Stat. 808). As originally enacted, the paragraph had read
as follows:
``(5) The Assistant to the Secretary of Defense for Nuclear and
Chemical and Biological Defense Programs shall serve as executive
secretary to the committee.''.
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(b) Purposes of the Committee.--The purposes of the
committee are as follows:
(1) To optimize funding for, and ensure the
development and deployment of--
(A) highly effective technologies and
capabilities for the detection, monitoring,
collection, processing, analysis, and
dissemination of information in support of
United States counterproliferation policy \16\
and efforts, including efforts to stem the
proliferation of weapons of mass destruction
and to negate paramilitary and terrorist
threats involving weapons of mass destruction;
\17\ and
---------------------------------------------------------------------------
\16\ Sec. 1502(b)(1) of Public Law 103-337 (108 Stat. 2915) struck
out ``nonproliferation policy'' and inserted in lieu thereof
``counterproliferation policy''.
\17\ Sec. 1309(b) of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2710) inserted ``and
efforts, including efforts to stem the proliferation of weapons of mass
destruction and to negate paramilitary and terrorist threats involving
weapons of mass destruction'' after ``counterproliferation policy''.
---------------------------------------------------------------------------
(B) disabling technologies in support of such
policy.
(2) To identify and eliminate undesirable
redundancies or uncoordinated efforts in the
development and deployment of such technologies and
capabilities.
(3) \18\ To establish priorities for programs and
funding.
---------------------------------------------------------------------------
\18\ Sec. 1502(b)(2) of Public Law 103-337 (108 Stat. 2915) added
paras. (3) through (6).
---------------------------------------------------------------------------
(4) \18\ To encourage and facilitate interagency and
interdepartmental funding of programs in order to
ensure necessary levels of funding to develop, operate,
and field highly-capable systems.
(5) \18\ To ensure that Department of Energy programs
are integrated with the operational needs of other
departments and agencies of the Government.
(6) \18\ To ensure that Department of Energy national
security programs include technology demonstrations and
prototype development of equipment.
(c) Duties.--The committee shall--
(1) identify and review existing and proposed
capabilities and technologies for support of United
States nonproliferation policy and counterproliferation
policy \19\ with regard to--
---------------------------------------------------------------------------
\19\ Sec. 1502(c)(1)(A) of Public Law 103-337 (108 Stat. 2915)
struck out ``(including counterproliferation capabilities) and
technologies for support of United States nonproliferation policy'' and
inserted in lieu thereof ``and technologies for support of United
States nonproliferation policy and counterproliferation policy''.
---------------------------------------------------------------------------
(A) intelligence;
(B) battlefield surveillance;
(C) passive defenses;
(D) active defenses; and \20\
---------------------------------------------------------------------------
\20\ Sec. 1502(c)(1) of Public Law 103-337 (108 Stat. 2915) added
``and'' at the end of subpara. (D), and struck out subparas. (F) and
(G), which had referred to inspection support and support of export
control programs.
---------------------------------------------------------------------------
(E) counterforce capabilities;
(2) \21\ prescribe requirements and priorities for
the development and deployment of highly effective
capabilities and technologies; \22\
---------------------------------------------------------------------------
\21\ Sec. 1502(c)(2) and (4) of Public Law 103-337 (108 Stat. 2915)
struck out paras. (2), (3), and (7), and redesignated paras. (4), (5),
and (6) as paras. (2), (3), and (4). Paras. (2), (3), and (7) formerly
provided as follows:
``(2) as part of the review pursuant to paragraph (1), review all
directed energy and laser programs for detecting, characterizing, or
interdicting weapons of mass destruction, their delivery platforms, or
other orbiting platforms with a view to the elimination of redundancy
and the optimization of funding for the systems not eliminated;
``(3) review the programs (including the crisis management program)
developed by the Department of State to counter terrorism involving
weapons of mass destruction and their delivery systems;
---------------------------------------------------------------------------
* * * * * * *
---------------------------------------------------------------------------
``(7) in carrying out the other duties of the committee, ensure
that all types of counterproliferation actions are considered.''.
\22\ Sec. 1502(c)(3) of Public Law 103-337 (108 Stat. 2915) struck
out ``to support fully the nonproliferation policy of the United
States'' after ``technologies'' in para. (2) (redesignated from para.
(4)).
---------------------------------------------------------------------------
(3) \21\ identify deficiencies in existing
capabilities and technologies;
(4) \21\ formulate near-term, mid-term, and long-term
programmatic options for meeting requirements
established by the committee and eliminating
deficiencies identified by the committee; and
(5) \23\ assess each fiscal year the effectiveness of
the committee actions during the preceding fiscal year,
including, particularly, the status of recommendations
made during such preceding fiscal year that were
reflected in the budget submitted to Congress pursuant
to section 1105(a) of title 31, United States Code, for
the fiscal year following the fiscal year in which the
assessment is made.
---------------------------------------------------------------------------
\23\ Sec. 1502(c)(5) of Public Law 103-337 (108 Stat. 2915) added
para. (5).
---------------------------------------------------------------------------
(d) Access to Information.--The committee shall have access
to information on all programs, projects, and activities of the
Department of Defense, the Department of State, the Department
of Energy, the Department of State, the Department of Homeland
Security,\24\ the intelligence community, and the Arms Control
and Disarmament Agency that are pertinent to the purposes and
duties of the committee.
---------------------------------------------------------------------------
\24\ Sec. 1256(b) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 403) added ``the
Department of State, the Department of Homeland Security,''.
---------------------------------------------------------------------------
(e) \25\ Recommendations.--The committee shall submit to
the President and the heads of all appropriate departments and
agencies of the Government such programmatic recommendations
regarding existing, planned, or new programs as the committee
considers appropriate to encourage funding for capabilities and
technologies at the level necessary to support United States
counterproliferation policy.
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\25\ Sec. 1502(d) of Public Law 103-337 (108 Stat. 2916) amended
and restated subsec. (e). It formerly read as follows:
``(e) Budget Recommendations.--The committee may submit to the
officials referred to in subsection (a) any recommendation regarding
existing or planned budgets as the committee considers appropriate to
encourage funding for capabilities and technologies at the level
necessary to support United States nonproliferation policy.''.
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(f) Termination of Committee.--The committee shall cease to
exist at the end of September 30, 2013.\26\
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\26\ Sec. 1502(e) of Public Law 103-337 (108 Stat. 2916) struck out
``six months after the date on which the report of the Secretary of
Defense under section 1606 is submitted to Congress'', and inserted in
lieu thereof ``at the end of September 30, 1996''. Sec. 1309(c) of the
National Defense Authorization Act for Fiscal Year 1997 (Public Law
104-201; 110 Stat. 2710) struck out ``September 30, 1996'' and inserted
in lieu thereof ``September 30, 2000''. Sec. 1504(a) of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113
Stat. 808) struck out ``September 30, 2000'' and inserted in lieu
thereof ``September 30, 2004''. Sec. 1208(a) of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116
Stat. 2668) struck out ``September 30, 2004'' and inserted in lieu
thereof ``September 30, 2008''. Sec. 1256(c) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
403) struck out ``2008'' and inserted in lieu thereof ``2013''.
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SEC. 1606. REPORT ON NONPROLIFERATION AND COUNTERPROLIFERATION
ACTIVITIES AND PROGRAMS.
(a) Report Required.--Not later than May 1, 1994, the
Secretary of Defense shall submit to Congress a report on the
findings of the committee on nonproliferation activities
established by section 1605.
(b) Content of Report.--The report shall include the
following matters:
(1) A complete list, by program, of the existing,
planned, and proposed capabilities and technologies
reviewed by the committee, including all directed
energy and laser programs reviewed pursuant to section
1605(c)(2).
(2) A complete description of the requirements and
priorities established by the committee.
(3) A comprehensive discussion of the near-term, mid-
term, and long-term programmatic options formulated by
the committee for meeting requirements prescribed by
the committee and eliminating deficiencies identified
by the committee, including the annual funding
requirements and completion dates established for each
such option.
(4) An explanation of the recommendations made
pursuant to section 1605(e) and a full discussion of
the actions taken on such recommendations, including
the actions taken to implement the recommendations.
(5) A discussion of the existing and planned
capabilities of the Department of Defense--
(A) to detect and monitor clandestine
programs for the acquisition or production of
weapons of mass destruction;
(B) to respond to terrorism or accidents
involving such weapons and thefts of materials
related to any weapon of mass destruction; and
(C) to assist in the interdiction and
destruction of weapons of mass destruction,
related weapons materials, and advanced
conventional weapons.
(6) A description of--
(A) the extent to which the Secretary of
Defense has incorporated nonproliferation and
counterproliferation missions into the overall
missions of the unified combatant commands; and
(B) how the special operations command
established pursuant to section 167(a) of title
10, United States Code, might support the
commanders of the other unified combatant
commands and the commanders of the specified
combatant commands in the performance of such
overall missions.
(c) Forms of Report.--The report shall be submitted in both
unclassified and classified forms, as appropriate.
SEC. 1607. DEFINITIONS.
For purposes of this subtitle:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services, the
Committee on Appropriations, the Committee on
Foreign Relations, and the Select Committee on
Intelligence of the Senate; and
(B) the Committee on Armed Services, the
Committee on Appropriations, the Committee on
Foreign Affairs, and the Permanent Select
Committee on Intelligence of the House of
Representatives.\27\
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\27\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Armed Services of the House of
Representatives shall be treated as referring to the Committee on
National Security of the House of Representatives. Sec. 1(a)(5) of that
Act provided that references to the Committee on Foreign Affairs shall
be treated as referring to the Committee on International Relations.
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(2) The term ``intelligence community'' has the
meaning given such term in section 3 of the National
Security Act of 1947 (50 U.S.C. 401a).
Subtitle B--International Nonproliferation Activities
SEC. 1611. NUCLEAR NONPROLIFERATION.
(a) Findings.--The Congress finds the following:
(1) The United States has been seeking to contain the
spread of nuclear weapons technology and materials.
(2) With the end of the Cold War and the breakup of
the Soviet Union, the proliferation of nuclear weapons
is now a leading military threat to the national
security of the United States and its allies.
(3) The United Nations Security Council declared on
January 31, 1992, that ``proliferation of all weapons
of mass destruction constitutes a threat to
international peace and security'' and committed to
taking appropriate action to prevent proliferation from
occurring.
(4) Aside from the five declared nuclear weapon
states, a number of other nations have or are pursuing
nuclear weapons capabilities.
(5) The IAEA is a valuable international institution
to counter proliferation, but the effectiveness of its
system to safeguard nuclear materials may be adversely
affected by financial constraints.
(6) The Nuclear Non-Proliferation Treaty codifies
world consensus against further nuclear proliferation
and is scheduled for review and extension in 1995.
(7) The Nuclear Nonproliferation Act of 1978 declared
that the United States is committed to continued strong
support for the Nuclear Non-Proliferation Treaty and to
a strengthened and more effective IAEA, and established
that it is United States policy to establish more
effective controls over the transfer of nuclear
equipment, materials, and technology.
(b) Comprehensive Nuclear Nonproliferation Policy.--In
order to end nuclear proliferation and reduce current nuclear
arsenals and supplies of weapons-usable nuclear materials, it
should be the policy of the United States to pursue a
comprehensive policy to end the further spread of nuclear
weapons capability, roll back nuclear proliferation where it
has occurred, and prevent the use of nuclear weapons anywhere
in the world, with the following additional objectives:
(1) Successful conclusion of all pending nuclear arms
control and disarmament agreements with all the
republics of the former Soviet Union and their secure
implementation.
(2) Full participation by all the republics of the
former Soviet Union in all multilateral nuclear
nonproliferation efforts and acceptance of IAEA
safeguards on all their nuclear facilities.
(3) Strengthening of United States and international
support to the IAEA so that the IAEA has the technical,
financial, and political resources to verify that
countries are complying with their nonproliferation
commitments.
(4) Strengthening of nuclear export controls in the
United States and other nuclear supplier nations,
impose sanctions on individuals, companies, and
countries which contribute to nuclear proliferation,
and provide increased public information on nuclear
export licenses approved in the United States.
(5) Reduction in incentives for countries to pursue
the acquisition of nuclear weapons by seeking to reduce
regional tensions and to strengthen regional security
agreements, and encourage the United Nations Security
Council to increase its role in enforcing international
nuclear nonproliferation agreements.
(6) Support for the indefinite extension of the
Nuclear Non-Proliferation Treaty at the 1995 conference
to review and extend that treaty and seek to ensure
that all countries sign the treaty or participate in a
comparable international regime for monitoring and
safeguarding nuclear facilities and materials.
(7) Reaching agreement with the Russian Federation to
end the production of new types of nuclear warheads.
(8) Pursuing, once the START I treaty and the START
II treaty are ratified by all parties, a multilateral
agreement to significantly reduce the strategic nuclear
arsenals of the United States and the Russian
Federation to below the levels of the START II treaty,
with lower levels for the United Kingdom, France, and
the People's Republic of China.
(9) Reaching immediate agreement with the Russian
Federation to halt permanently the production of
fissile material for weapons purposes, and working to
achieve worldwide agreements to--
(A) end in the shortest possible time the
production of weapons-usable fissile material;
(B) place existing stockpiles of such
materials under bilateral or international
controls; and
(C) require countries to place all of their
nuclear facilities dedicated to peaceful
purposes under IAEA safeguards.
(10) Strengthening IAEA safeguards to more
effectively verify that countries are complying with
their nonproliferation commitments and provide the IAEA
with the political, technical, and financial support
necessary to implement the necessary safeguard reforms.
(11) Conclusion of a multilateral comprehensive
nuclear test ban treaty.
(c) Requirements for Implementation of Policy.--(1) Not
later than 180 days after the date of the enactment of this
Act, the President shall submit to the Congress a report, in
unclassified form, with a classified appendix if necessary, on
the actions the United States has taken and the actions the
United States plans to take during the succeeding 12-month
period to implement each of the policy objectives set forth in
this section.
(2) Not later than 180 days after the date of the enactment
of this Act, the President shall submit to the Congress a
report in unclassified form, with a classified appendix if
necessary, which--
(A) addresses the implications of the adoption by the
United States of a policy of no-first-use of nuclear
weapons;
(B) addresses the implications of an agreement with
the other nuclear weapons states to adopt such a
policy; and
(C) addresses the implications of a verifiable
bilateral agreement with the Russian Federation under
which both countries withdraw from their arsenals and
dismantle all tactical nuclear weapons, and seek to
extend to all nuclear weapons states this zero option
for tactical nuclear weapons.
(d) Definitions.--For purposes of this section:
(1) The term ``IAEA'' means the International Atomic
Energy Agency.
(2) The term ``IAEA safeguards'' means the safeguards
set forth in an agreement between a country and the
IAEA, as authorized by Article III(A)(5) of the Statute
of the International Atomic Energy Agency.
(3) The term ``non-nuclear weapon state'' means any
country that is not a nuclear weapon state.
(4) The term ``Nuclear Non-Proliferation Treaty''
means the Treaty on the Non-Proliferation of Nuclear
Weapons, signed at Washington, London, and Moscow on
July 1, 1968.
(5) The term ``nuclear weapon state'' means any
country that is a nuclear-weapon state, as defined by
Article IX(3) of the Treaty on the Non-Proliferation of
Nuclear Weapons, signed at Washington, London, and
Moscow on July 1, 1968.
(6) The term ``weapons-usable fissile materials''
means highly enriched uranium and separated or
reprocessed plutonium.
(7) The term ``policy of no first use of nuclear
weapons'' means a commitment not to initiate the use of
nuclear weapons.
(8) The term ``START II treaty'' means the Treaty on
Further Reductions and Limitations of Strategic
Offensive Arms, signed by the United States and the
Russian Federation on January 3, 1993.
SEC. 1612.\28\ CONDITION ON ASSISTANCE TO RUSSIA FOR CONSTRUCTION OF
PLUTONIUM STORAGE FACILITY.
(a) Limitation.--Until a certification under subsection (b)
is made, no funds may be obligated or expended by the United
States for the purpose of assisting the Ministry of Atomic
Energy of Russia to construct a storage facility for surplus
plutonium from dismantled weapons.
---------------------------------------------------------------------------
\28\ 22 U.S.C. 5952 note.
---------------------------------------------------------------------------
(b) \29\ Certification of Russia's Commitment to Halt
Chemical Separation of Weapon-Grade Plutonium.--The prohibition
in subsection (a) shall cease to apply upon a certification by
the President to Congress that Russia--
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\29\ The President delegated functions authorized under subsecs.
(b) and (d) to the Secretary of State in a memorandum of March 10, 1994
(59 F.R. 14079; March 24, 1994).
---------------------------------------------------------------------------
(1) is committed to halting the chemical separation
of weapon-grade plutonium from spent nuclear fuel; and
(2) is taking all practical steps to halt such
separation at the earliest possible date.
(c) Sense of Congress on Plutonium Policy.--It is the sense
of Congress that a key objective of the United States with
respect to the nonproliferation of nuclear weapons should be to
obtain a clear and unequivocal commitment from the Government
of Russia that it will (1) cease all production and separation
of weapon-grade plutonium, and (2) halt chemical separation of
plutonium produced in civil nuclear power reactors.
(d) Report.--Not later than June 1, 1994, the President
shall submit to Congress a report on the status of efforts by
the United States to secure the commitments and achieve the
objective described in subsections (b) and (c). The President
shall include in the report a discussion of the status of joint
efforts by the United States and Russia to replace any
remaining Russian plutonium production reactors with
alternative power sources or to convert such reactors to
operation with alternative fuels that would permit their
operation without generating weapon-grade plutonium.
SEC. 1613. NORTH KOREA AND THE TREATY ON THE NON-PROLIFERATION OF
NUCLEAR WEAPONS.
(a) Findings.--The Congress finds the following:
(1) The Treaty on the Non-Proliferation of Nuclear
Weapons, to which 156 states are party, is the
cornerstone of the international nuclear
nonproliferation regime.
(2) Any nonnuclear weapon state that is a party to
the Treaty on the Non-Proliferation of Nuclear Weapons
is obligated to accept International Atomic Energy
Agency safeguards on all source or special fissionable
material that is within its territory, under its
jurisdiction, or carried out under its control
anywhere.
(3) The International Atomic Energy Agency is
permitted to conduct inspections in a nonnuclear weapon
state that is a party to the Treaty at any site,
whether or not declared by that state, to ensure that
all source or special fissionable material in that
state is under safeguards.
(4) North Korea acceded to the Treaty on the Non-
Proliferation of Nuclear Weapons as a nonnuclear
weapons state in December 1985.
(5) North Korea, after acceding to that Treaty,
refused until 1992 to accept International Atomic
Energy Agency safeguards as required under the Treaty.
(6) Inspections of North Korea's nuclear materials by
the International Atomic Energy Agency suggested
discrepancies in North Korea's declarations regarding
special nuclear materials.
(7) North Korea has not given a scientifically
satisfactory explanation for those discrepancies.
(8) North Korea refused to provide International
Atomic Energy Agency inspectors with full access to two
sites for the purposes of verifying its compliance with
the Treaty on the Non-Proliferation of Nuclear Weapons.
(9) When called upon by the International Atomic
Energy Agency to provide such full access as required
by the Treaty, North Korea announced its intention to
withdraw from the Treaty, effective after the required
three months notice.
(10) After intensive negotiations with the United
States, North Korea agreed to suspend its intention to
withdraw from the Treaty on the Non-Proliferation of
Nuclear Weapons and begin consultations with the
International Atomic Energy Agency on providing access
to its suspect sites.
(11) In an attempt to persuade North Korea to abandon
its nuclear weapons program, the United States has
offered to discuss with North Korea specific incentives
that could be provided for North Korea once (A)
outstanding inspection issues between North Korea and
the International Atomic Energy Agency are resolved,
and (B) progress is made in bilateral talks between
North Korea and South Korea.
(b) Congressional Statements.--The Congress--
(1) notes that the continued refusal of North Korea
nearly eight years after ratification of the Treaty on
the Non-Proliferation of Nuclear Weapons to fully
accept International Atomic Energy Agency safeguards
raises serious questions regarding a possible North
Korean nuclear weapons program;
(2) notes that possession by North Korea of nuclear
weapons (A) would threaten peace and stability in Asia,
(B) would jeopardize the existing nuclear non-
proliferation regime, and (C) would undermine the goal
of the United States to extend the Treaty on the Non-
Proliferation of Nuclear Weapons at the 1995 review
conference;
(3) urges continued pressure from the President,
United States allies, and the United Nations Security
Council on North Korea to adhere to the Treaty and
provide full access to the International Atomic Energy
Agency in the shortest time possible;
(4) urges the President, United States allies, and
the United Nations Security Council to press for
continued talks between North Korea and South Korea on
denuclearization of the Korean peninsula;
(5) urges that no trade, financial, or other economic
benefits be provided to North Korea by the United
States or United States allies until North Korea has
(A) provided full access to the International Atomic
Energy Agency, (B) satisfactorily explained any
discrepancies in its declarations of bomb-grade
material, and (C) fully demonstrated that it does not
have or seek a nuclear weapons capability; and
(6) calls on the President and the international
community to take steps to strengthen the international
nuclear nonproliferation regime.
SEC. 1614. SENSE OF CONGRESS RELATING TO THE PROLIFERATION OF SPACE
LAUNCH VEHICLE TECHNOLOGIES.
(a) Findings.--The Congress finds the following:
(1) The United States has joined with other nations
in the Missile Technology Control Regime (MTCR), which
restricts the transfer of missiles or equipment or
technology that could contribute to the design,
development, or production of missiles capable of
delivering weapons of mass destruction.
(2) Missile technology is indistinguishable from, and
interchangeable with, space launch vehicle technology.
(3) Transfers of missile technology or space launch
vehicle technology cannot be safeguarded in a manner
that would provide timely warning of diversion for
military purposes.
(4) It has been United States policy since agreeing
to the guidelines of the Missile Technology Control
Regime to treat the sale or transfer of space launch
vehicle technology as restrictively as the sale or
transfer of missile technology.
(5) Previous congressional action on missile
proliferation, notably title XVII of the National
Defense Authorization Act for Fiscal Year 1991 (Public
Law 101-510; 104 Stat. 1738), has explicitly supported
the policy described in paragraph (4) through such
actions as the statutory definition of the term
``missile'' to mean ``a category I system as defined in
the MTCR Annex, and any other unmanned delivery system
of similar capability, as well as the specially
designed production facilities for these systems''.
(6) There is strong evidence that emerging national
space launch programs in the Third World are not
economically viable.
(7) The United States has been successful in
dissuading other countries from pursuing space launch
vehicle programs in part by offering to cooperate with
those countries in other areas of space science and
technology.
(8) The United States has successfully dissuaded
other MTCR adherents, and countries who have agreed to
abide by MTCR guidelines, from providing assistance to
emerging national space launch programs in the Third
World.
(b) Strict Interpretation of MTCR.--The Congress supports
the strict interpretation by the United States of the Missile
Technology Control Regime concerning--
(1) the inability to distinguish space launch vehicle
technology from missile technology under the regime;
and
(2) the inability to safeguard space launch vehicle
technology in a manner that would provide timely
warning of the diversion of such technology to military
purposes.
(c) Sense of Congress.--It is the sense of Congress that
the United States Government and the governments of other
nations adhering to the Missile Technology Control Regime
should be recognized by the international community for--
(1) the success of those governments in restricting
the export of space launch vehicle technology and of
missile technology; and
(2) the significant contribution made by the
imposition of such restrictions to reducing the
proliferation of missile technology capable of being
used to deliver weapons of mass destruction.
(d) Definition.--For purposes of this section, the term
``Missile Technology Control Regime'' or ``MTCR'' means the
policy statement, between the United States, the United
Kingdom, the Federal Republic of Germany, France, Italy,
Canada, and Japan, announced on April 16, 1987, to restrict
sensitive missile-relevant transfers based on the MTCR Annex,
and any amendments thereto.
q. National Defense Authorization Act for Fiscal Year 1993
Partial text of Public Law 102-484 [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; Public Law 103-337 [National Defense
Authorization Act for Fiscal Year 1995; S. 2182], 108 Stat. 2663,
approved October 5, 1994; Public Law 104-99 [Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1996; H.R. 1868,
enacted by reference in H.R. 2880], 110 Stat. 26, approved January 26,
1996, enacted again as Public Law 104-107 [H.R. 1868], 110 Stat. 755,
approved February 12, 1996; Public Law 104-208 [Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1997;
enacted by incorporation into the Omnibus Consolidated Appropriations
Act, 1997; H.R. 3610], 110 Stat. 3009, 3009-121, approved September 30,
1996; Public Law 106-113 [Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2000; H.R. 3422, enacted by
reference in the Consolidated Appropriations Act, 2000; H.R. 3194], 113
Stat. 1501, 1501A-63, approved November 29, 1999; and Public Law 107-
115 [Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2002; H.R. 2506], 115 Stat. 2118, approved January
10, 2002
AN ACT To authorize appropriations for fiscal year 1993 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
provide for defense conversion, 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 1993''.
* * * * * * *
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
* * * * * * *
TITLE XIII--MATTERS RELATING TO ALLIES AND OTHER NATIONS
* * * * * * *
Subtitle C--Matters Relating to the Former Soviet Union and Eastern
Europe
SEC. 1321.\1\ NUCLEAR WEAPONS REDUCTION.
(a) Findings.--The Congress makes the following findings:
---------------------------------------------------------------------------
\1\ 22 U.S.C. 5901 note.
---------------------------------------------------------------------------
(1) On February 1, 1992, the President of the United
States and the President of the Russian Federation
agreed in a Joint Statement that ``Russia and the
United States do not regard each other as potential
adversaries'' and stated further that, ``We will work
to remove any remnants of cold war hostility, including
taking steps to reduce our strategic arsenals''.
(2) In the Treaty on the Non-Proliferation of Nuclear
Weapons, in exchange for the non-nuclear-weapon states
agreeing not to seek a nuclear weapons capability nor
to assist other non-nuclear-weapon states in doing so,
the United States agreed to seek the complete
elimination of all nuclear weapons worldwide, as
declared in the preamble to the Treaty, which states
that it is a goal of the parties to the Treaty to
``facilitate the cessation of the manufacture of
nuclear weapons, the liquidation of all their existing
stockpiles, and the elimination from national arsenals
of nuclear weapons and the means of their delivery'' as
well as in Article VI of the Treaty, which states that
``each of the parties to the Treaty undertakes to
pursue negotiations in good faith on effective measures
relating to the cessation of the nuclear arms race at
an early date and to nuclear disarmament''.
(3) Carrying out a policy of seeking further
significant and continuous reductions in the nuclear
arsenals of all countries, besides reducing the
likelihood of the proliferation of nuclear weapons and
increasing the likelihood of a successful extension and
possible strengthening of the Treaty on the Non-
Proliferation of Nuclear Weapons in 1995, when the
Treaty is scheduled for review and possible extension,
has additional benefits to the national security of the
United States, including--
(A) a reduced risk of accidental enablement
and launch of a nuclear weapon, and
(B) a defense cost savings which could be
reallocated for deficit reduction or other
important national needs.
(4) The Strategic Arms Reduction Talks (START) Treaty
and the agreement by the President of the United States
and the President of the Russian Federation on June 17,
1992, to reduce the strategic nuclear arsenals of each
country to a level between 3,000 and 3,500 weapons are
commendable intermediate stages in the process of
achieving the policy goals described in paragraphs (1)
and (2).
(5) The current international era of cooperation
provides greater opportunities for achieving worldwide
reduction and control of nuclear weapons and material
than any time since the emergence of nuclear weapons 50
years ago.
(6) It is in the security interests of both the
United States and the world community for the President
and the Congress to begin the process of reducing the
number of nuclear weapons in every country through
multilateral agreements and other appropriate means.
(7) In a 1991 study, a committee of the National
Academy of Sciences concluded that: ``The appropriate
new levels of nuclear weapons cannot be specified at
this time, but it seems reasonable to the committee
that U.S. strategic forces could in time be reduced to
1,000-2,000 nuclear warheads, provided that such a
multilateral agreement included appropriate levels and
verification measures for the other nations that
possess nuclear weapons. This step would require
successful implementation of our proposed post-START
U.S.-Soviet reductions, related confidence-building
measures in all the countries involved, and
multilateral security cooperation in areas such as
conventional force deployments and planning.''.
(b) United States Policy.--It shall be the goal of the
United States--
(1) to encourage and facilitate the denuclearization
of Ukraine, Byelarus, and Kazakhstan, as agreed upon in
the Lisbon ministerial meeting of May 23, 1992;
(2) to rapidly complete and submit for ratification
by the United States the treaty incorporating the
agreement of June 17, 1992, between the United States
and the Russian Federation to reduce the number of
strategic nuclear weapons in each country's arsenal to
a level between 3,000 and 3,500;
(3) to facilitate the ability of the Russian
Federation, Ukraine, Byelarus, and Kazakhstan to
implement agreed mutual reductions under the START
Treaty, and under the Joint Understanding of June 16-
17, 1992 between the United States and the Russian
Federation, on an accelerated timetable, so that all
such reductions can be completed by the year 2000;
(4) to build on the agreement reached in the Joint
Understanding of June 16-17, 1992, by entering into
multilateral negotiations with the Russian Federation,
the United Kingdom, France, and the People's Republic
of China, and, at an appropriate point in that process,
enter into negotiations with other nuclear armed states
in order to reach subsequent stage-by-stage agreements
to achieve further reductions in the number of nuclear
weapons in all countries;
(5) to continue and extend cooperative discussions
with the appropriate authorities of the former Soviet
military on means to maintain and improve secure
command and control over nuclear forces;
(6) in consultation with other member countries of
the North Atlantic Treaty Organization and other
allies, to initiate discussions to bring tactical
nuclear weapons into the arms control process; and
(7) to ensure that the United States assistance to
securely transport and store, and ultimately dismantle,
former Soviet nuclear weapons and missiles for such
weapons is being properly and effectively utilized.
(c) Annual Report.--By February 1 of each year, the
President shall submit to the Congress a report on--
(1) the actions that the United States has taken, and
the actions the United States plans to take during the
next 12 months, to achieve each of the goals set forth
in paragraphs (1) through (6) of subsection (b); and
(2) the actions that have been taken by the Russian
Federation, by other former Soviet republics, and by
other countries to achieve those goals.
Each such report shall be submitted in unclassified form, with
a classified appendix if necessary.
SEC. 1322.\2\ VOLUNTEERS INVESTING IN PEACE AND SECURITY (VIPS)
PROGRAM. * * *
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\2\ For amendment to 10 U.S.C. 1801-1805, see Legislation on
Foreign Relations Through 2008, vol. I-B. Freestanding subsections of
sec. 1322 may also be found in that volume.
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* * * * * * *
Subtitle G--Other Matters
* * * * * * *
SEC. 1364. REPORT ON INTERNATIONAL MINE CLEARING EFFORTS IN REFUGEE
SITUATIONS.
(a) Findings.--The Congress finds that--
(1) an estimated 10-20 million mines are scattered
across Cambodia, Afghanistan, Somalia, Angola, and
other countries which have experienced conflict; and
(2) refugee repatriation and other humanitarian
programs are being seriously hampered by the widespread
use of anti-personnel mines in regional conflicts and
civil wars.
(b) Report.--(1) The President shall provide a report on
international mine clearing efforts in situations involving the
repatriation and resettlement of refugees and displaced
persons.
(2) The report shall include the following:
(A) An assessment of mine clearing needs in countries
to which refugees and displaced persons are now
returning, or are likely to return within the near
future, including Cambodia, Angola, Afghanistan,
Somalia and Mozambique, and an assessment of current
international efforts to meet the mine clearing needs
in the countries covered by the report.
(B) An analysis of the specific types of mines in the
individual countries assessed and the availability of
technology and assets within the international
community for their removal.
(C) An assessment of what additional technologies and
assets would be required to complete, expedite or
reduce the costs of mine clearing efforts.
(D) An evaluation of the availability of technologies
and assets within the United States Government which,
if called upon, could be employed to augment or
complete mine clearing efforts in the countries covered
by the report.
(E) An evaluation of the desirability, feasibility
and potential cost of United States assistance on
either a unilateral or multilateral basis in such mine
clearing operations.
(3) The report shall be submitted to the Congress not later
than 180 days after the date of the enactment of this Act.
SEC. 1365.\3\ LANDMINE EXPORT MORATORIUM.
(a) Findings.--The Congress makes the following findings:
---------------------------------------------------------------------------
\3\ 22 U.S.C. 2778 note.
---------------------------------------------------------------------------
(1) Anti-personnel landmines, which are specifically
designed to maim and kill people, have been used
indiscriminately in dramatically increasing numbers,
primarily in insurgencies in poor developing countries.
Noncombatant civilians, including tens of thousands of
children, have been the primary victims.
(2) Unlike other military weapons, landmines often
remain implanted and undiscovered after conflict has
ended, causing untold suffering to civilian
populations. In Afghanistan, Cambodia, Laos, Vietnam,
and Angola, tens of millions of unexploded landmines
have rendered whole areas uninhabitable. In
Afghanistan, an estimated hundreds of thousands of
people have been maimed and killed by landmines during
the 14-year civil war. In Cambodia, more than 20,000
civilians have lost limbs and another 60 are being
maimed each month from landmines.
(3) Over 35 countries are known to manufacture
landmines, including the United States. However, the
United States is not a major exporter of landmines.
During the past ten years the Department of State has
approved ten licenses for the commercial export of
anti-personnel landmines valued at $980,000, and during
the past five years the Department of Defense has
approved the sale of 13,156 anti-personnel landmines
valued at $841,145.
(4) The United States signed, but has not ratified,
the 1981 Convention on Prohibitions or Restrictions on
the Use of Certain Conventional Weapons Which May Be
Deemed To Be Excessively Injurious or To Have
Indiscriminate Effects. The Convention prohibits the
indiscriminate use of landmines.
(5) When it signed the Convention, the United States
stated: ``We believe that the Convention represents a
positive step forward in efforts to minimize injury or
damage to the civilian population in time of armed
conflict. Our signature of the Convention reflects the
general willingness of the United States to adopt
practical and reasonable provisions concerning the
conduct of military operations, for the purpose of
protecting noncombatants.''.
(6) The President should submit the Convention to the
Senate for its advice and consent to ratification, and
the President should actively negotiate under United
Nations auspices or other auspices an international
agreement, or a modification of the Convention, to
prohibit the sale, transfer or export of anti-personnel
landmines. Such an agreement or modification would be
an appropriate response to the end of the Cold War and
the promotion of arms control agreements to reduce the
indiscriminate killing and maiming of civilians.
(7) The United States should set an example for other
countries in such negotiations, by implementing a one-
year moratorium on the sale, transfer or export of
anti-personnel landmines.
(b) Statement of Policy.--(1) It shall be the policy of the
United States to seek verifiable international agreements
prohibiting the sale, transfer, or export, and further limiting
the use, production, possession, and deployment of anti-
personnel landmines.
(2) It is the sense of the Congress that the President
should actively seek to negotiate under United Nations auspices
or other auspices an international agreement, or a modification
of the Convention, to prohibit the sale, transfer, or export of
anti-personnel landmines.
(c) Moratorium on Transfers of Anti-Personnel Landmines
Abroad.--During the 16-year period beginning on October 23,
1992 \4\--
---------------------------------------------------------------------------
\4\ Sec. 1423(c) of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1832) struck out ``For
a period of one year beginning on the date of the enactment of this
Act'', and inserted in lieu thereof ``During the four-year period
beginning on October 23, 1992''. Sec. 558 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1996 (Public
Law 104-107; 110 Stat. 743) later struck out ``During the four-year
period beginning on October 23, 1992'' and inserted in lieu thereof
``During the five-year period beginning on October 23, 1992''. Next,
sec. 556 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1997 (enacted by incorporation into the
Omnibus Consolidated Appropriations Act, 1997; Public Law 104-208; 110
Stat. 3009, 3009-161) struck out ``During the five-year period
beginning on October 23, 1992'' and inserted in lieu thereof ``During
the eight-year period beginning on October 23, 1992''. Subsequently
sec. 553 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2000 (H.R. 3422, enacted by sec.
1000(a)(2) of Public Law 106-113; 113 Stat. 1535, 1501A-99) struck out
``During the five-year period beginning on October 23, 1992'' (despite
the previous amendment to an ``eight-year period'' in sec. 556 of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1997) and inserted in lieu thereof ``During the 11-
year period beginning on October 23, 1992''.
Most recently, sec. 548 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2002 (Public Law
107-115; 115 Stat. 2156) struck out ``During the 11-year period
beginning on October 23, 1992'' and inserted in lieu thereof ``During
the 16-year period beginning on October 23, 1992''.
---------------------------------------------------------------------------
(1) no sale may be made or financed, no transfer may
be made, and no license for export may be issued, under
the Arms Export Control Act, with respect to any anti-
personnel landmine; and
(2) no assistance may be provided under the Foreign
Assistance Act of 1961, with respect to the provision
of any anti-personnel landmine.
(d) \5\ Definition.--For purposes of this section, the term
``anti-personnel landmine'' means--
---------------------------------------------------------------------------
\5\ Sec. 1182(c)(3) of Public Law 103-160 (107 Stat. 1772) struck
out ``(e) Definition.--'' and inserted in lieu thereof ``(d)
Definition.--''.
---------------------------------------------------------------------------
(1) any munition placed under, on, or near the ground
or other surface area, or delivered by artillery,
rocket, mortar, or similar means or dropped from an
aircraft and which is designed to be detonated or
exploded by the presence, proximity, or contact of a
person;
(2) any device or material which is designed,
constructed, or adapted to kill or injure and which
functions unexpectedly when a person disturbs or
approaches an apparently harmless object or performs an
apparently safe act;
(3) any manually-emplaced munition or device designed
to kill, injure, or damage and which is actuated by
remote control or automatically after a lapse of time.
TITLE XIV--DEMILITARIZATION OF THE FORMER SOVIET UNION \6\
* * * * * * *
---------------------------------------------------------------------------
\6\ For text of this title, the ``Former Soviet Union
Demilitarization Act of 1992'', see page 159 of this volume.
---------------------------------------------------------------------------
TITLE XV--NONPROLIFERATION \7\
* * * * * * *
---------------------------------------------------------------------------
\7\ For text of this title, the ``Weapons of Mass Destruction
Control Act of 1992'', see page 335 of this volume.
---------------------------------------------------------------------------
TITLE XVI--IRAN-IRAQ ARMS NON-PROLIFERATION ACT OF 1992 \8\
* * * * * * *
---------------------------------------------------------------------------
\8\ For text of this title, the ``Iran-Iraq Arms Non-Proliferation
Act of 1992'', see page 342 of this volume.
---------------------------------------------------------------------------
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
* * * * * * *
Subtitle D--International Fissile Material and Warhead Control
SEC. 3151. NEGOTIATIONS.
(a) In General.--The Congress urges the President to enter
into negotiations with member states of the Commonwealth of
Independent States, to complement ongoing and future arms
reduction negotiations and agreements, with the goal of
achieving verifiable agreements in the following areas:
(1) Dismantlement of nuclear weapons.
(2) The safeguard and permanent disposal of nuclear
materials.
(3) An end by the United States and member states of
the Commonwealth of Independent States to the
production of plutonium and highly enriched uranium for
nuclear weapons.
(4) The extension of negotiations on these issues to
all nations capable of producing nuclear weapons
materials.
(b) Exchanges of Information.--The Congress urges the
President, in order to establish a data base on production
capabilities of member states of the Commonwealth of
Independent States and their stockpiles of fissile materials
and nuclear weapons, to seek to achieve agreements with such
states to reciprocally release information on--
(1) United States and the member states nuclear
weapons stockpiles, including the number of warheads
and bombs by type, and schedules for weapons production
and dismantlement;
(2) the location, mission, and maximum annual
production capacity of United States and member states
facilities that are essential to the production of
tritium for replenishment of that nation's tritium
stockpile;
(3) the inventory of United States and member states
facilities dedicated to the production of plutonium and
highly enriched uranium for weapons purposes; and
(4) United States and members states stockpiles of
plutonium and highly enriched uranium used for nuclear
weapons.
(c) Technical Working Groups.--The Congress urges the
President, in order to facilitate the achievement of agreements
referred to in subsection (a), to establish with member states
of the Commonwealth of Independent States and with other
nations capable of producing nuclear weapons material bilateral
or multilateral technical working groups to examine and
demonstrate cooperative technical monitoring and inspection
arrangements that could be applied to the verification of--
(1) information on mission, location, and maximum
annual production capacity of nuclear material
production facilities and the size of stockpiles of
plutonium and highly enriched uranium;
(2) nuclear arms reduction agreements that would
include provisions requiring the verifiable
dismantlement of nuclear warheads; and
(3) bilateral or multilateral agreements to halt the
production of plutonium and highly enriched uranium for
nuclear weapons.
(d) Report.--The President shall submit to the Congress,
not later than March 31, 1993, a report on the progress made by
the President in implementing the actions called for in
subsections (a) through (c).
(e) Production by Commonwealth of Independent States.--The
Congress urges the Presidents of the member states of the
Commonwealth of Independent States--
(1) to institute a moratorium on production of
plutonium and highly enriched uranium for nuclear
weapons; and
(2) to pledge to continue such moratorium for so long
as the United States does not produce such materials.
SEC. 3152. AUTHORITY TO RELEASE CERTAIN RESTRICTED DATA.
Section 142 of the Atomic Energy Act of 1954 (42 U.S.C.
2162) is amended * * *
SEC. 3153. DEVELOPMENT AND DEMONSTRATION PROGRAM.
(a) Program.--Of funds authorized to be appropriated in
section 3104 for fiscal year 1993 for verification and control
activities, $10,000,000 shall be available only to carry out a
program--
(1) to develop and demonstrate a means for verifiable
dismantlement of nuclear warheads;
(2) to safeguard and dispose of nuclear materials;
and
(3) to develop reliable techniques and procedures for
verifying a global ban on the production of fissile
materials for weapons purposes.
(b) Report.--The Secretary shall include a report on such
program in budget justification documents submitted to Congress
in support of the budget of the Department of Energy for fiscal
year 1994. The report shall be submitted in both classified and
unclassified form.
SEC. 3154. PRODUCTION OF TRITIUM.
Nothing in this part may be construed as intending to
affect the production of tritium.
* * * * * * *
r. National Defense Authorization Act for Fiscal Years 1992 and 1993
Partial text of Public Law 102-190 [H.R. 2100], 105 Stat. 1290,
approved December 5, 1991
AN ACT To authorize appropriations for fiscal years 1992 and 1993 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 years 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,
* * * * * * *
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
* * * * * * *
Part F--Other Matters
* * * * * * *
SEC. 153. LIMITATIONS RELATING TO REDEPLOYMENT OF MINUTEMAN III ICBMS.
(a) Prohibition Regarding Operationally Deployed Missiles.--
Funds appropriated for fiscal year 1992 or any fiscal year
preceding fiscal year 1992 pursuant to an authorization
contained in this or any other Act may not be obligated or
expended for the redeployment or transfer of operationally
deployed Minuteman III intercontinental ballistic missiles from
one Air Force ICBM base to another Air Force ICBM base.
(b) Limitation Regarding Stored Missiles.--No Minuteman III
missile in storage may be transferred to a Minuteman II silo
until the Secretary of Defense submits to Congress a plan for
the restructuring of the United States strategic forces
consistent with the strategic arms reduction talks (START)
treaty signed by the United States and the Soviet Union. Such
plan shall include--
(1) a discussion of the force structure options that
were considered in developing the plan;
(2) for each option, the locations for the Minuteman
III ICBMs and Small ICBMs and the number of each such
type of missile for each location;
(3) the cost of each such option; and
(4) the reasons for selecting the force structure
provided for in the plan.
* * * * * * *
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
* * * * * * *
Part C--Miscellaneous
* * * * * * *
SEC. 3140. REPORT ON SCHEDULE FOR RESUMPTION OF NUCLEAR TESTING TALKS
AND TEST BAN READINESS PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that the
United States and the Soviet Union share a special
responsibility to resume the Nuclear Testing Talks to continue
negotiations toward additional limitations on nuclear weapons
testing.
(b) Report.--Not later than 60 days after the date of the
enactment of this Act, the President shall submit to Congress a
report containing a proposed schedule for resumption of the
Nuclear Testing Talks and identifying the goals to be pursued
in those talks.
(c) Nuclear Test Ban Readiness Program.--Of the funds
appropriated to the Department of Energy for fiscal year 1992
for weapons activities, $20,000,000 shall be available to
conduct the nuclear test ban readiness program established
pursuant to section 1436 of the National Defense Authorization
Act, Fiscal Year 1989 (Public Law 100-456; 42 U.S.C. 2121
note).
SEC. 3141. WARHEAD DISMANTLEMENT AND MATERIAL DISPOSAL.
(a) Findings.--The Congress makes the following findings:
(1) On September 27, 1991, the President announced as
part of a unilateral initiative designed to ``enhance
stability and reduce the risk of nuclear war,'' that
the United States should explore with the Soviet Union
``joint technical cooperation on the safe and
environmentally responsible storage, transportation,
dismantling, and destruction of nuclear weapons''.
(2) On October 5, 1991, the President of the Soviet
Union stated in response that ``We hereby stress
readiness to embark on a specific dialogue with the
United States on the elaboration of safe and
ecologically responsible technologies for the storage
and transportation of nuclear warheads and nuclear
charges, and to design jointly measures to enhance
nuclear safety''.
(3) The President's initiative and the Soviet
response hold out the prospect of enhancing stability
and reducing the risk of nuclear war.
(b) Congressional Endorsement.--Congress strongly endorses
the initiative proposed by the President and the Soviet
response and looks forward--
(1) to hearing the proposed initiatives of the
President during the congressional review of the
President's proposed budget for fiscal year 1993; and
(2) to helping facilitate such initiatives through
appropriate legislative measures which are requested by
the President.
(c) Warhead Dismantlement.--Of the funds appropriated to the
Department of Energy for fiscal year 1992 for weapons
activities, $10,000,000 shall be available to conduct a program
to develop and demonstrate a means for verifiable dismantlement
of nuclear warheads.
SEC. 3142. REPORT ON NUCLEAR WEAPONS MATTERS.
(a) Report.--Not later than April 1, 1992, the President
shall submit to the congressional defense committees a report
containing the following:
(1) Information on the national security requirements
of each of the following items, for the period
beginning on September 30, 1991, and ending on
September 30, 2001:
(A) The planned stockpile of nuclear weapons.
(B) The amount of tritium necessary to
maintain the planned stockpile, including--
(i) the amount of tritium available
from inventory;
(ii) the amount of tritium that must
be produced and when; and
(iii) an assessment of the need for
and duration of operation of the K-
reactor, located at the Savannah River
Site in South Carolina.
(C) The feasibility and desirability of use
of W-76 warheads in place of W-88 warheads in
the Trident II missiles carried by Trident
Fleet Ballistic Missile submarines.
(D) The need for and duration of operation of
the Rocky Flats Plant facilities (other than
Building 559) located at Golden, Colorado, for
the purposes of--
(i) production of W-88 warheads; and
(ii) plutonium operations other than
warhead production.
(E) The earliest practicable date for the
commencement of operation of facilities that
replace the K-reactor and the Rocky Flats
Plant, including an assessment of the effect of
a delay (beyond the second quarter of fiscal
year 1992) in the selection of the site and the
technology for the new production reactor.
(2) A plan for assistance to the workforce at Rocky
Flats and the K-reactor, including retraining for new
employment opportunities at the sites, that could be
provided in the event that either facility ceases
production.
(b) Form of Report.--The report required by subsection (a)
shall be submitted in classified and unclassified form.
* * * * * * *
s. National Defense Authorization Act for Fiscal Year 1991
Partial text of Public Law 101-510 [H.R. 4739], 104 Stat. 1485 at 1689,
approved November 5, 1990; as amended by Public Law 102-190 [National
Defense Authorization Act for Fiscal Years 1992 and 1993; H.R. 2100],
105 Stat. 1290, approved December 5, 1991
AN ACT To authorize appropriations for fiscal year 1991 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 years 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--GENERAL PROVISIONS
* * * * * * *
Part D--Arms Control Matters
* * * * * * *
SEC. 1441. SENSE OF CONGRESS ON ADDITIONAL NUCLEAR RISK REDUCTION
MEASURES
(a) Findings.--Congress makes the following findings:
(1) On June 1, 1990, the President of the United
States and the President of the Soviet Union signed a
document entitled ``Joint Statement on Future
Negotiations on Nuclear and Space Arms and Further
Enhancing Strategic Stability''.
(2) In that document, the two nations pledged to
pursue additional confidence-building and
predictability measures ``that would reduce the
possibility of an outbreak of nuclear war as a result
of accident, miscalculation, terrorism, or unexpected
technological breakthrough, and would prevent possible
incidents between them''.
(3) As a result of the recent increase in ethnic,
national, economic, and political tensions within the
Soviet Union, concern has heightened regarding the
possible unauthorized or accidental use of Soviet
nuclear weapons.
(4) It has been four years since the Department of
Defense conducted a comprehensive review of its nuclear
control procedures and failsafe mechanisms.
(5) The Joint Chiefs of Staff, in its 1990 Joint
Military Net Assessment, concluded that with the recent
changes in the global security environment ``the risk
of nuclear deterrence failing is assessed to be low and
at this moment to be decreasing''.
(6) While Congress is concerned about continued
strategic offensive and defensive modernization by the
Soviet Union and the unpredictable status of the
domestic situation in the Soviet Union, at this stage
the lessened prospects that nuclear weapons of the
United States might have to be employed may afford an
opportunity to reconsider past reluctance to use
certain positive control measures, such as the
installation of permissive action links (PALs) on
nuclear weapons deployed at sea by the United States
and the installation of post-launch destruct mechanisms
on intercontinental ballistic missiles (ICBMs) and
submarine launched ballistic missiles (SLBMs) deployed
by the United States, as long as appropriate security
measures can be developed to protect the integrity of
such destruct mechanisms.
(7) On September 15, 1987, the United States and the
Soviet Union agreed to establish Nuclear Risk Reduction
Centers (NRRCs) in Washington and Moscow.
(8) The NRRCs have made a useful contribution to
lowering the risks of accidental or inadvertent nuclear
war and are capable of taking on expanded roles.
(b) Sense of Congress.--It is the sense of Congress--
(1) that the President of the United States and the
President of the Union of Soviet Socialist Republics
are to be commended for their June 1, 1990, joint
statement to pursue additional nuclear confidence-
building measures; and
(2) that, in keeping with that joint statement, the
President--
(A) should invite the Soviet Union to join
with the United States in conducting separate
but parallel, comprehensive reviews of each
nation's own nuclear control procedures and
failsafe mechanisms; and
(B) should propose to the Soviet Union that
representatives of the two nations engage in
discussions with the objective of agreeing on
additional roles and functions that could be
assigned to the Nuclear Risk Reduction Centers
to further lessen the risks of the outbreak of
nuclear war as the result of misinterpretation,
miscalculation, or accident.
(c) Report on Additional Measures.--Not later than March 1,
1991, the President shall submit to Congress a report (in both
classified and unclassified form) assessing additional nuclear
risk reduction measures which could be implemented pursuant to
the joint statement of June 1, 1990, referred to in subsection
(b), including the following:
(1) Assigning to the Nuclear Risk Reduction Centers
(NRRCs) such expanded roles as the following:
(A) Serving as a forum for discussions
between the two nations on responding to
possible nuclear terrorism.
(B) Transmitting notifications that may be
required under future arms control treaties.
(C) Transmitting non-urgent notifications and
information requests required under Article 5
of the 1971 Agreement on Measures to Reduce the
Risk of Outbreak of Nuclear War Between the
United States and the Union of Soviet Socialist
Republics.
(D) Providing a forum for discussions between
the United States and the Soviet Union on
restricting nuclear, chemical, and missile
proliferation.
(E) Serving as a meeting place for high-level
military discussions on nuclear doctrines,
forces and activities, and regional security
concerns.
(2) Installation of post-launch destruct mechanisms
on all intercontinental ballistic missiles (ICBMs) and
submarine launched ballistic missiles (SLBMs) deployed
by the United States.
(3) Installation by the United States of permissive
action links (PALs) on all nuclear weapons at sea.
SEC. 1442. START AND STRATEGIC MODERNIZATION
(a) Findings.--The Congress makes the following findings:
(1) The United States and the Soviet Union are
engaged in the Strategic Arms Reduction Talks (START)
in Geneva.
(2) In the Joint Statement on the Treaty on Strategic
Offensive Arms signed in June 1990, the two sides
reaffirmed their determination to have a START
agreement completed and ready for signature by the end
of 1990.
(3) Under the provisions of a START agreement, both
sides will carry out significant reductions in
strategic offensive arms.
(4) In the Joint Statement on Future Negotiations on
Nuclear and Space Arms and Further Enhancing Strategic
Stability, the United States and the Soviet Union
agreed to pursue new talks on strategic offensive arms,
and on the relationship between strategic offensive and
defensive arms.
(5) The objectives of these negotiations will be to
reduce further the risk of outbreak of war,
particularly nuclear war, and to ensure strategic
stability, transparency and predictability through
further stabilizing reductions in the strategic
arsenals of both countries.
(6) The President's effort to negotiate such
agreements is dependent upon the maintenance of a
vigorous research and development and modernization
program as required for a prudent defense posture.
(7) The Soviet Union has maintained a robust
strategic modernization program throughout the course
of the START negotiations which continues today.
(b) It is the sense of the Congress that--
(1) the Congress fully supports United States efforts
to enhance strategic stability; and
(2) the United States should pursue stabilizing
strategic arms reduction agreements while maintaining a
vigorous research and development and modernization
program for United States strategic forces as required
for a prudent defense posture.
SEC. 1443. STRATEGIC ARMS REDUCTION TALKS AGREEMENT
(a) Sense of Congress.--It is the sense of the Congress that
the President, before concluding an agreement in the Strategic
Arms Reduction Talks, should provide to Congress--
(1) a report on whether the SS-23 INF missiles of
Soviet manufacture, which the Soviet Union has
confirmed have been stationed in the territory of the
former German Democratic Republic and in the
territories of Czechoslovakia and Bulgaria, constitute
a violation of the INF Treaty or constitute deception
in the INF negotiations, and whether the United States
has reliable assurances that those missiles will be
destroyed; and
(2) a report on whether the Krasnoyarsk radar, which
the Foreign Minister of the Soviet Union admitted is a
clear violation of the 1972 ABM Treaty, has been
verifiably dismantled in accordance with United States
criteria.
(b) Form of Reports.--The reports under paragraphs (1) and
(2) of subsection (a) should be submitted in both classified
and unclassified form.
* * * * * * *
TITLE XVII--MISSILE TECHNOLOGY CONTROLS
Sec. 1701. Policy.
Sec. 1702. Amendment to the Export Administration Act of 1979.
Sec. 1703. Amendment to the Arms Export Control Act of 1979.
Sec. 1704. Report on missile proliferation.\1\
SEC. 1701.\2\ POLICY
It should be the policy of the United States to take all
appropriate measures--
---------------------------------------------------------------------------
\1\ Sec. 1097(g) of the National Defense Authorization Act for
Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1489)
repealed sec. 1704, and sec. 1097 of that Act itself superseded the
former sec. 1704.
\2\ 50 U.S.C. App. 2402 note.
---------------------------------------------------------------------------
(1) to discourage the proliferation, development, and
production of the weapons, material, and technology
necessary to produce or acquire missiles that can
deliver weapons of mass destruction;
(2) to discourage countries and private persons in
other countries from aiding and abetting any states
from acquiring such weapons, material, and technology;
(3) to strengthen United States and existing
multilateral export controls to prohibit the flow of
materials, equipment, and technology that would assist
countries in acquiring the ability to produce or
acquire missiles that can deliver weapons of mass
destruction, including missiles, warheads and
weaponization technology, targeting technology, test
and evaluation technology, and range and weapons effect
measurement technology; and
(4) with respect to the Missile Technology Control
Regime (``MTCR'') and its participating governments--
(A) to improve enforcement and seek a common
and stricter interpretation among MTCR members
of MTCR principles;
(B) to increase the number of countries that
adhere to the MTCR; and
(C) to increase information sharing among
United States agencies and among governments on
missile technology transfer, including export
licensing, and enforcement activities.
SEC. 1702.\3\ AMENDMENT TO THE EXPORT ADMINISTRATION ACT OF 1979 * * *
SEC. 1703.\4\ AMENDMENT TO THE ARMS EXPORT CONTROL ACT * * *
SEC. 1704.\1\ * * * [REPEALED--1991]
---------------------------------------------------------------------------
\3\ For text of amendment to sec. 6 and the addition of new sec.
11B of the Export Administration Act of 1979, see Legislation on
Foreign Relations Through 2008, vol. III, sec. J.
\4\ Sec. 1703 added chapter 7, secs. 71 through 74 to the Arms
Export Control Act. For text, see Legislation on Foreign Relations
Through 2008, vol. I-A.
t. National Defense Authorization Act for Fiscal Years 1990 and 1991
Partial text of Public Law 101-189 [H.R. 2461], 103 Stat. 1352 at 1539,
approved November 29, 1989
AN ACT To authorize appropriations for fiscal years 1990 and 1991 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 years 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 X--MATTERS RELATING TO ARMS CONTROL
SEC. 1001. PRESIDENTIAL REPORT ON POSSIBLE EFFECTS OF A STRATEGIC ARMS
REDUCTION AGREEMENT ON TRIDENT PROGRAM
(a) Report.--Not later than April 1, 1990, the President
shall submit to Congress a comprehensive report on the Trident
program under a possible Strategic Arms Reduction Talks (START)
agreement. The report shall address the following issues:
(1) The objective for the size of the Trident
submarine force fleet both with and without a START
agreement.
(2) The implications for United States strategic
force posture under a START agreement of a fleet of 21
or more Trident submarines, each with 192 warheads on
24 ballistic missiles, under two different assumptions,
as follows:
(A) All such warheads are accountable under
START limits.
(B) The warheads on one-to-three Trident
submarines are not accountable under START
limits.
(3) A net assessment of the implications for United
States security of a START agreement that allows the
Soviet Union as well as the United States to have an
equivalent number of warheads on submarines that are
not accountable under START limits.
(4) The technical feasibility and cost implications
of various options for reducing the number of warheads
on Trident submarines, including those submarines
already built, those under construction, and those yet
to be built.
(5) The verification challenges to the United States
posed by such options if the Soviet Union were to adopt
them in its ballistic missile submarine forces.
(b) Form of Report.--The President shall submit the report
under subsection (a) in both classified and unclassified
versions.
(c) Waiver.--The President may waive the requirements of
subsection (a) if he has signed a START agreement or other
strategic arms reduction agreement with the Soviet Union before
the date by which the report is otherwise required to be
submitted.
SEC. 1002. PRESIDENTIAL REPORT ON THE VERIFICATION WORK THAT HAS BEEN
CONDUCTED WITH REGARD TO MOBILE ICBMS UNDER A START
AGREEMENT
(a) Findings.--Congress makes the following findings:
(1) The United States must have confidence that any
agreement achieved through the Strategic Arms
Limitation Talks (START) in Geneva will be effectively
verifiable.
(2) The position of the United States at the START
negotiations, from 1985 until September 1989, was to
ban the deployment of mobile intercontinental ballistic
missiles (ICBMs) under a START regime unless an
effective verification regime could be identified and
implemented. In September 1989, the United States
announced that it was withdrawing its proposal for the
ban of mobile ICBMs, contingent upon Congress providing
funds for mobile ICBMs to be deployed by the United
States.
(3) The Soviet Union has deployed two mobile ICBM
systems, the SS-24 and the SS-25.
(4) The President conducted a strategic review during
the period between January 20, 1989, and the resumption
of the START negotiations on June 15, 1989.
(b) Presidential Report.--Not later than March 31, 1990, the
President shall submit to Congress a report (in classified and
unclassified form) describing all studies that have been
performed between March 1985 and August 1989 by agencies of the
United States Government with regard to the capability of the
United States to monitor and verify a START agreement which
allows mobile ICBMs. The report shall include the following:
(1) A description of each study conducted by United
States Government agencies during the strategic review
referred to in subsection (a)(4) to determine the
ability of the United States to verify limitations on
mobile ICBMs of the Soviet Union under a START
agreement, including a summary of the conclusions
reached under each such study.
(2) A description of any so-called ``Red Team'' study
conducted between March 1985 and August 1989 with
regard to the existence of mobile ICBMs under a START
regime, including a summary of the conclusions reached
under each such study.
(3) A description of each study conducted by United
States Government agencies between March 1989 and
August 1989 to assess the value of various options
relating to the verification of mobile ICBMs (such
options to include the option known as ``tagging'' and
the establishment of designated deployment areas),
including a summary of the conclusions reached under
each such study.
SEC. 1003. SENSE OF CONGRESS ON START TALKS
Congress hereby reaffirms the sense of Congress expressed in
the second session of the 100th Congress (in section 902 of the
National Defense Authorization Act, Fiscal Year 1989 (Public
Law 100-456; 102 Stat. 2031)) \1\ that any agreement negotiated
by the President to achieve a reduction and limitation on
strategic arms (through the Strategic Arms Reduction Talks in
Geneva or otherwise)--
---------------------------------------------------------------------------
\1\ Sec. 902 of Public Law 100-456 stated a sense of the Congress
on START talks identical to paras. (1) and (2).
---------------------------------------------------------------------------
(1) should not prevent the United States from
deploying a force structure under the agreement which
emphasizes survivable strategic systems and, in
particular, should not in any way compromise the
security of the United States ballistic-missile
carrying submarine force; and
(2) should not prohibit or limit the deployment of
non-nuclear cruise missiles.
SEC. 1004. REPORT ON ASYMMETRIES IN CAPABILITIES OF UNITED STATES AND
SOVIET UNION TO PRODUCE AND DEPLOY BALLISTIC
MISSILE DEFENSE SYSTEMS
(a) Study Required.--The Secretary of Defense shall conduct a
study on the asymmetry in the near-term capabilities of the
United States and the Soviet Union to deploy ballistic missile
defenses beyond those permitted under the 1972 ABM Treaty. The
study shall be conducted in coordination with the Director of
Central Intelligence.
(b) Matters To Be Included in Study.--Subject to subsection
(e), the study shall include the following:
(1) An assessment of the likelihood of a breakout by
the Soviet Union from the 1972 ABM Treaty in the next
five years and the assumptions used for that
assessment.
(2) An assessment of the capability of the Soviet
Union to exploit a situation in which the limitations
of the 1972 ABM Treaty do not apply, including a
detailed assessment of the capabilities of the Soviet
Union to produce--
(A) space-based anti-ballistic missile (ABM)
launchers and interceptors;
(B) ground-based ABM launchers and
interceptors; and
(C) the infrastructure for ABM battle
management command, control, and
communications.
(3) An assessment of the production base of the
United States for production of the elements specified
in subparagraphs (A), (B), and (C) of paragraph (2),
including an estimate of how quickly the United States
could respond to a breakout by the Soviet Union in each
of those elements.
(c) Study To Assess Possible United States Response to Soviet
Breakout.--(1) The study shall also include an assessment of
the immediate and long-term actions that could be taken by the
United States to respond to redress any asymmetry in the
potential of the United States and the Soviet Union to exploit
a breakout by the Soviet Union from the 1972 ABM Treaty.
(2) That assessment shall include an evaluation of the
actions that would be necessary to support--
(A) a one-site ABM system (as allowed under the
Treaty); or
(B) an expanded ABM system unconstrained by the
limitations of the 1972 ABM Treaty.
(3) Such assessment shall specifically address the required
actions, and the costs associated with those actions, to
support both the one-site ABM system and the expanded ABM
system to be evaluated under paragraph (2), including (A) the
upgrading and expansion of the existing United States radar
network, (B) the use of existing inactive ABM components at
Grand Forks, North Dakota, and (C) the development and
deployment of other required components.
(d) Report.--Not later than the date on which the budget for
fiscal year 1991 is submitted to Congress pursuant to section
1105 of title 31, United States Code, the Secretary of Defense
shall submit to Congress a report on the study under subsection
(a). The report shall be submitted in both classified and
unclassified form. The report shall specify the results of the
study under subsection (a), including each matter required to
be included in the study under this section.
(e) Waiver of Required Study Feature.--The study under
subsection (a) need not include the assessment referred to in
subsection (b)(1) if, before the date of the submission of the
report required by subsection (d) with respect to the study,
the President submits to Congress the report required by
section 907 of the National Defense Authorization Act, Fiscal
Year 1989 (Public Law 100-456; 102 Stat. 2034), regarding
antiballistic missile capabilities and activities of the Soviet
Union (such report having been required by subsection (c) of
such section to be submitted not later than January 1, 1989).
(f) 1972 ABM Treaty Defined.--For purposes of this section,
the term ``1972 ABM Treaty'' means the Treaty Between the
United States of America and the Union of Soviet Socialist
Republics on the Limitations of Anti-Ballistic Missiles, signed
at Moscow on May 26, 1972.
SEC. 1005. SENSE OF THE CONGRESS WITH RESPECT TO ACCIDENTAL LAUNCH
PROTECTION
(a) Findings.--Congress makes the following findings:
(1) The Strategic Defense Initiative (SDI) has made
substantial progress in developing technologies to
defend the United States from a possible ballistic
missile attack, be it deliberate or accidental.
(2) Ground-based elements and their associated
adjuncts and technologies represent the most mature
technologies within the SDI program and should
therefore receive priority by the Strategic Defense
Initiative Organization.
(3) The United States is a signatory to the 1972
Anti-Ballistic Missile Treaty.
(4) There have been several accidents involving
ballistic missiles, including the loss of a submarine
of the Soviet Union due to inadvertent missile ignition
and the inadvertent landing in China of a test missile
of the Soviet Union.
(5) The continued proliferation of offensive
ballistic missile forces by non-superpower countries
hostile to the United States and our allies raises the
possibility of future nuclear threats.
(b) Reaffirmation of Sense of Congress.--Congress hereby
reaffirms the sense of Congress expressed in section 224(b) of
the National Defense Authorization Act, Fiscal Year 1989
(Public Law 100-456; 102 Stat. 1942) \2\ stating--
---------------------------------------------------------------------------
\2\ Sec. 224(b) of Public Law 100-456, stated the sense of the
Congress identical to text in paras. (1) and (2).
---------------------------------------------------------------------------
(1) that the Secretary of Defense should direct the
Strategic Defense Initiative Organization to give
priority to development of technologies and systems for
a system capable of protecting the United States from
the accidental launch of a strategic ballistic missile
against the continental United States; and
(2) that such development of an accidental launch
protection system should be carried out with an
objective of ensuring that such system is in compliance
with the 1972 Anti-Ballistic Missile Treaty.
(c) Submission of Previously Required Report.--The Secretary
of Defense shall submit to Congress forthwith the report on the
status of planning for development of a deployment option for
such an accidental launch protection system that was required
by section 224(c) of that Act to be submitted not later than
March 1, 1989.
SEC. 1006. CONGRESSIONAL FINDINGS AND SENSE OF CONGRESS CONCERNING THE
KRASNOYARSK RADAR
(a) Reaffirmation of Prior Findings.--Congress hereby
reaffirms the findings made with respect to the large phased-
array radar of the Soviet Union known as the ``Krasnoyarsk
radar'' in paragraphs (1) through (6) of section 902(a) of the
National Defense Authorization Act for Fiscal Years 1988 and
1989 (Public Law 100-180; 101 Stat. 1135), as follows:
(1) The 1972 Anti-Ballistic Missile Treaty prohibits
each party from deploying ballistic missile early
warning radars except at locations along the periphery
of its national territory and oriented outward.
(2) The 1972 Anti-Ballistic Missile Treaty prohibits
each party from deploying an ABM system to defend its
national territory and from providing a base for any
such nationwide defense.
(3) Large phased-array radars were recognized during
negotiation of the Anti-Ballistic Missile Treaty as the
critical long lead-time element of a nationwide defense
against ballistic missiles.
(4) In 1983 the United States discovered the
construction, in the interior of the Soviet Union near
the town of Krasnoyarsk, of a large phased-array radar
that has subsequently been judged to be for ballistic
early warning and tracking.
(5) The Krasnoyarsk radar is more than 700 kilometers
from the Soviet-Mongolian border and is not directed
outward but instead faces the northeast Soviet border
more than 4,500 kilometers away.
(6) The Krasnoyarsk radar is identical to other
Soviet ballistic missile early warning radars and is
ideally situated to fill the gap that would otherwise
exist in a nationwide Soviet ballistic missile early
warning radar network.
(b) Further Findings.--In addition to the findings referred
to in subsection (a), Congress finds with respect to the
Krasnoyarsk radar that--
(1) in 1987 the President declared that radar to be a
clear violation of the 1972 Anti-Ballistic Missile
Treaty;
(2) until the meeting between the Secretary of State
and the Foreign Minister of the Soviet Union at Jackson
Hole, Wyoming, in September 1989, the Soviet Union had
rejected demands by the United States that it dismantle
that radar without conditions, but the joint statement
issued following that meeting states that the
government of the Soviet Union ``had decided to
completely dismantle the Krasnoyarsk radar station'';
and
(3) on October 23, 1989, the Foreign Minister of the
Soviet Union conceded that the Krasnoyarsk radar is a
violation of the 1972 Anti-Ballistic Missile Treaty.
(c) Sense of Congress.--It is the sense of Congress--
(1) that the Soviet Union should dismantle the
Krasnoyarsk radar (as announced in the joint statement
referred to in subsection (b)(2)) expeditiously and
without conditions; and
(2) that until such radar is completely dismantled it
will remain a clear violation of the 1972 Anti-
Ballistic Missile Treaty.
SEC. 1007. SENSE OF CONGRESS CONCERNING EXPLORING THE FEASIBILITY OF
TREATY LIMITATIONS ON WEAPONS CAPABLE OF
THREATENING MILITARY SATELLITES
It is the sense of Congress that, as soon as practicable, the
President should explore the feasibility of a mutual and
verifiable treaty with the Soviet Union which places the
strictest possible limitations, consistent with the security
interests of the United States and its allies, on the
development, testing, production, and deployment of weapons
capable of directly threatening United States military
satellites.
SEC. 1008. REPORT ON SATELLITE SURVIVABILITY
(a) Requirement for Report.--The President shall submit to
Congress a comprehensive report on United States antisatellite
weapon activities and the survivability of United States
satellites against current and potential antisatellite weapons
deployed by the Soviet Union. The report shall be submitted by
March 15, 1990, and shall be submitted in both classified and
unclassified versions.
(b) Matters To Be Included in Report.--The report required by
subsection (a) shall include the following:
(1) Detailed information (including funding profiles,
expected capabilities, and schedules for development,
testing, and deployment) on all United States
antisatellite weapon programs.
(2) An analysis of the antisatellite potential of the
anticipated deployed version of each Strategic Defense
Initiative technology capable of damaging or destroying
objects in space.
(3) An assessment of the threat that would be posed
to satellites of the United States if the technologies
described in paragraphs (1) and (2) were to be tested
by the Soviet Union, at levels of performance equal to
those intended by the United States, and developed into
weapons for damaging or destroying objects in space.
(4) A review of arms control options and satellite
survivability measures (including cost data) that would
improve the survivability of current and future United
States military satellite systems.
(5) A review of alternative means of providing the
support to military forces of the United States that is
currently provided by United States satellites if those
satellites become vulnerable to attack as the result of
the deployment by the Soviet Union of antisatellite
weapons with the levels of performance contemplated in
paragraph (3).
SEC. 1009. REPORT ON THE DESIRABILITY OF NEGOTIATIONS WITH THE SOVIET
UNION REGARDING LIMITATIONS ON ANTISATELLITE
CAPABILITIES
(a) Report by the President.--The President shall submit to
Congress a comprehensive report regarding the desirability of
an agreement with the Soviet Union to impose limitations on
antisatellite capabilities. The President shall include in such
report his determination of whether a ban or other limitations
on some or all antisatellite weapons would be verifiable and,
if so, whether such a ban or other limitation would be in the
national interest of the United States.
(b) Matters Relating to Verification.--In making the
determination referred to in subsection (a), the President
shall--
(1) consider the extent to which on-site inspection
measures (as well as national technical means for
verification) can increase confidence in the ability of
the United States to monitor and verify various agreed-
upon antisatellite limitations; and
(2) examine various arms control possibilities,
including--
(A) a total ban on antisatellite capability
by both the United States and the Soviet Union;
(B) a ban or other limitation on
antisatellite weapons with the potential to
attack satellites at altitudes above the Van
Allen belt; and
(C) a ban or other limitation on
antisatellite weapons that operate only in low-
Earth orbit.
(c) Matters Relating to Deterrence and War Fighting
Requirements.--In the report required by subsection (a), the
President shall also address the following:
(1) The contribution an antisatellite capability of
the United States can make toward enhancing deterrence.
(2) The contribution an antisatellite capability can
make toward meeting the war fighting requirements of
the United States and how such a capability enhances
force survivability.
(3) The extent to which (based upon a net assessment)
the United States would be better able to meet its war
fighting requirements and deterrence objectives if--
(A) the Soviet Union possessed an
antisatellite capability and the United States
did not possess an antisatellite capability;
(B) neither the United States nor the Soviet
Union possessed an antisatellite capability;
(C) the United States and the Soviet Union
both possessed a limited antisatellite
capability;
(D) the United States and the Soviet Union
both possessed an unrestricted antisatellite
capability.
(d) Submission of Report.--The report required by subsection
(a) shall be submitted to Congress not later than May 1, 1990,
and shall be submitted in both classified and unclassified
versions.
SEC. 1010. REPORT ON VERIFICATION OF COMPLIANCE WITH AGREEMENTS TO
LIMIT NUCLEAR TESTING
(a) Report Requirement.--The Secretary of Energy shall
prepare a report, in classified form, assessing the possible
effects on the abilities of the United States to verify
compliance by the Soviet Union with any agreement (presently in
effect or under negotiation) to limit testing of nuclear
devices should any information or data now obtained under any
cooperative agreement with any controlled country and used to
verify the degree of such compliance be curtailed or become
unavailable due to a change in, or severing of, diplomatic
relations with such a controlled country. The report shall
assess, in particular, whether compliance by the Soviet Union
with any such agreement to limit testing of nuclear devices can
be fully and reliably verified should such a cooperative
agreement be curtailed or terminated. The report shall be
prepared in consultation with the Secretary of Defense.
(b) Submission of Report.--The report prepared under
subsection (a) shall be submitted to Congress not later than
six months after the date of the enactment of this Act.
(c) Controlled Country Definition.--For purposes of this
section, the term ``controlled country'' means a country listed
in section 620(f)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2370(f)(1)).
SEC. 1011. SENSE OF CONGRESS ON ARMS CONTROL NEGOTIATIONS AND UNITED
STATES MODERNIZATION POLICY
(a) Findings.--Congress makes the following findings:
(1) The United States is currently engaged in a wide
range of arms control negotiations in the areas of
strategic nuclear forces, strategic defenses,
conventional force levels, chemical weapons, and
security and confidence building measures.
(2) On May 30, 1989, the North Atlantic Treaty
Organization issued a ``Comprehensive Concept on Arms
Control and Disarmament'' which placed a special
emphasis on arms control as a means of enhancing
security and stability in Europe.
(3) The President has stated that arms control is one
of the highest priorities of the United States in the
area of security and foreign policy and that the United
States will pursue a dynamic, active arms control
dialogue with the Soviet Union and the other Warsaw
Pact countries.
(4) The United States has already made major
proposals at the Conventional Forces in Europe Talks,
convened on March 6, 1989, which would result in a
dramatic reduction in Soviet and Warsaw Pact
conventional forces.
(5) The President, on September 25, 1989, made a
major new arms control proposal in the area of chemical
weapons.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the President is to be commended for pursuing a
wide array of arms control initiatives in the context
of a multitude of arms control negotiations, all of
which have been designed to enhance global security and
result in meaningful, militarily significant reductions
in military forces;
(2) Congress fully supports the arms control efforts
of the President and encourages the government of the
Soviet Union to respond favorably to United States arms
control proposals which would require the Soviet Union
to reduce its massive quantitative superiority in
military weaponry;
(3) the President should seek arms control agreements
that would not limit the United States to levels of
forces inferior to the limits provided for the Soviet
Union; and
(4) the President's efforts to negotiate such
agreements is dependent upon the maintenance of a
vigorous research and development and modernization
program as required for a prudent defense posture.
(c) Reaffirmation of Prohibition Relating to Entering Into
Certain Arms Control Agreements.--Congress hereby reaffirms the
proviso in the first sentence of section 33 of the Arms Control
and Disarmament Act (22 U.S.C. 2573) that no action may be
taken under that Act or any other Act that will obligate the
United States to disarm or to reduce or limit the Armed Forces
or armaments of the United States, except pursuant to the
treatymaking power of the President under the Constitution or
unless authorized by further affirmative legislation by the
Congress.
SEC. 1012. REPORT ON EFFECT OF SPACE NUCLEAR REACTORS ON GAMMA-RAY
ASTRONOMY MISSIONS
Not later than April 30, 1990, the President shall submit to
Congress a report on the potential for interference with gamma-
ray astronomy missions that could be caused by the placement in
Earth orbit of space nuclear reactors.
SEC. 1013. SENSE OF CONGRESS ON CHEMICAL WEAPONS NEGOTIATIONS
(a) Findings.--Congress makes the following findings:
(1) The proliferation of chemical weapons and the
repeated use of chemical weapons represent a grave
threat to the security and interests of the United
States.
(2) The most comprehensive and effective response to
the threat posed by the proliferation of chemical
weapons is the completion of an effectively verifiable
treaty banning the production and stockpiling of all
chemical weapons.
(3) The successful completion of a treaty banning all
chemical weapons through the negotiations at the
multinational United Nations Conference on Disarmament
in Geneva should be one of the highest arms control
priorities of the United States.
(b) Sense of Congress.--In light of the findings in
subsection (a), it is the sense of Congress that--
(1) the President should continue ongoing efforts to
establish an agreement with the Soviet Union and other
countries establishing a mutual and effectively
verifiable agreement to stop the production,
proliferation, and stockpiling of all lethal chemical
weapons; and
(2) the United States negotiators in Geneva should
take concrete steps to initiate proposals regarding the
composition of the verification regime for such an
agreement that will meet the legitimate concerns of
other parties while addressing the security concerns of
the United States.
SEC. 1014. UNITED STATES PROGRAM FOR ON-SITE INSPECTIONS UNDER ARMS
CONTROL AGREEMENTS
(a) Findings Concerning On-Site Inspection Personnel.--
Congress makes the following findings:
(1) The United States is currently engaged in
multilateral and bilateral negotiations seeking to
achieve treaties or agreements to reduce or eliminate
various types of military weapons and to make certain
reductions in military personnel levels. These
negotiations include negotiations for (A) reductions in
strategic forces, conventional armaments, and military
personnel levels, (B) regimes for monitoring nuclear
testing, and (C) the complete elimination of chemical
weapons.
(2) Requirements for monitoring these possible
treaties or agreements will be extensive and will place
severe stress on the monitoring capabilities of United
States national technical means.
(3) In the case of the INF Treaty, the United States
and the Soviet Union negotiated, and are currently
using, on-site inspection procedures to complement and
support monitoring by national technical means. Similar
on-site inspection procedures are being negotiated for
inclusion in possible future treaties and agreements
referred to in paragraph (1).
(4) During initial implementation of the provisions
of the INF Treaty, the United States was not fully
prepared for the personnel requirements for the conduct
of on-site inspections. The Director of Central
Intelligence has stated that on-site inspection
requirements for any strategic arms reduction treaty or
agreement will be far more extensive than those for the
INF Treaty. The number of locations within the Soviet
Union that would possibly be subject to on-site
inspections under a START agreement have been estimated
to be approximately 2,500 (compared to 120 for the INF
Treaty).
(5) On-site inspection procedures are likely to be an
integral part of any future arms control treaty or
agreement.
(6) Personnel requirements will be extensive for such
on-site inspection procedures, both in terms of numbers
of personnel and technical and linguistic skills. Since
verification requirements for the INF Treaty are
already placing severe stress on current personnel
resources, the requirements for verification under
START and other possible future treaties and agreements
may quickly exceed the current number of verification
personnel having necessary technical and language
skills.
(7) There is a clear need for a database of the names
of individuals who are members of the Armed Forces or
civilian employees of the United States Government, or
of other citizens and nationals of the United States,
who are qualified (by reason of technical or language
skills) to participate in on-site inspections under an
arms control treaty or agreement.
(8) The organization best suited to establish such a
database is the On-Site Inspection Agency (OSIA) of the
Department of Defense, which was created by the
President to implement (for the United States) the on-
site inspection provisions of the INF Treaty.
(b) Status of the OSIA.--(1) Congress finds that--
(A) the Director of the OSIA (currently a brigadier
general of the Army) is appointed by the Secretary of
Defense with the concurrence of the Secretary of State
and the approval of the President;
(B) the Secretary of Defense provides to the Director
appropriate policy guidance formulated by the
interagency arms control mechanism established by the
President;
(C) most of the personnel of the OSIA are members of
the Armed Forces (who are trained and paid by the
military departments within the Department of Defense)
and include linguists, weapons specialists, and foreign
area specialists;
(D) the Department of Defense provides the OSIA with
substantially all of its administrative and logistic
support (including military air transportation for
inspections in the Soviet Union and Eastern Europe);
and
(E) the facilities in Europe and the United States at
which OSIA personnel escort personnel of the Soviet
Union conducting inspections under the on-site
inspection terms of the INF Treaty are under the
jurisdiction of the Department of Defense (or under the
jurisdiction of entities that are contractors with the
Department of Defense).
(2) In light of the findings in paragraph (1) and the report
submitted pursuant to section 909 of Public Law 100-456
entitled ``Report to the Congress on U.S. Monitoring and
Verification Activities Related to the INF Treaty'' (submitted
on July 27, 1989), Congress hereby determines that by locating
the On-Site Inspection Agency within the Department of Defense
for the purposes of administrative and logistic support and
operational guidance, and integrating on-site inspection
responsibilities under the INF Treaty with existing
organizational activities of that Department, the President has
been able to ensure that sensitive national security assets are
protected and that obligations of the United States under that
treaty are fulfilled in an efficient and cost-effective manner.
(c) Establishment of Personnel Database.--(1) In light of the
findings in subsection (a), the Director of the On-Site
Inspection Agency shall establish a database consisting of the
names of individuals who could be assigned or detailed (in the
case of Government personnel) or employed (in the case of non-
Government personnel) to participate in the conduct of on-site
inspections under any future arms control treaty or agreement
that includes provisions for such inspections.
(2) The database should be composed of the names of
individuals with skills (including linguistic and technical
skills) necessary for the conduct of on-site inspections.
(d) INF Treaty Defined.--For purposes of this section, the
term ``INF Treaty'' means 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
in Washington, DC, on December 8, 1987.
* * * * * * *
u. National Defense Authorization Act, Fiscal Year 1989
Partial text of Public Law 100-456 [H.R. 4481], 102 Stat. 1918,
approved September 29, 1988; as amended by Public Law 103-199 [H.R.
3000], 107 Stat. 2317, approved December 17, 1993
AN ACT To authorize appropriations for fiscal year 1989 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 IX--MATTERS RELATING TO ARMS CONTROL
SEC. 901. SENSE OF CONGRESS ON EXPANDING CONFIDENCE-BUILDING MEASURES
(a) Findings.--Congress makes the following findings:
(1) Approximately two years have passed since the
Conference on Confidence- and Security-Building
Measures and Disarmament in Europe (CDE) adjourned in
Stockholm following the adoption of measures designed
to increase openness and predictability of military
activities in Europe.
(2) To date, there have been seven formal
observations and challenge inspections which have been
conducted in accordance with the Stockholm agreements.
(3) The military leaders of the North Atlantic Treaty
Organization have concluded that the Stockholm
observations and inspections have positively
contributed to an improved understanding of Warsaw Pact
forces and capabilities.
(4) The Conventional Stability Talks (CST), which may
begin before the end of 1988, will likely require
careful and potentially prolonged negotiation.
(5) New negotiations will also begin under the
auspices of the Conference on Security and Cooperation
in Europe (CSCE) as a follow-on to the Stockholm
conference.
(6) The confidence-building measures established at
Stockholm could, if expanded, contribute significantly
to the success of the CDE follow-on conference and also
to the establishment of a procedural framework for
verifying a future CST agreement.
(b) Sense of Congress.--It is the sense of Congress that
the President should give high priority to developing, in
coordination with the North Atlantic Treaty Organization allies
of the United States, stabilizing and verifiable proposals for
expanding the regime of confidence-building measures in
conjunction with the follow-on to the Conference on Confidence-
and Security-Building Measures and Disarmament in Europe (CDE)
and the new Conventional Stability Talks (CST).
SEC. 902.\1\ SENSE OF CONGRESS ON START TALKS
It is the sense of Congress that any agreement negotiated
by the President to achieve a reduction and limitation on
strategic arms (through the strategic arms reduction talks in
Geneva or otherwise)--
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\1\ Sec. 1003 of the National Defense Authorization Act for Fiscal
Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1541) reaffirmed
this sense of the Congress.
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(1) should not prevent the United States from
deploying a force structure under the agreement which
emphasizes survivable strategic systems and, in
particular, should not in any way compromise the
security of the United States ballistic-missile
carrying submarine force, and
(2) should not prohibit or limit the deployment of
non-nuclear cruise missiles.
SEC. 903. SENSE OF CONGRESS CONCERNING ROLE OF CONGRESS IN ARMS CONTROL
AND DEFENSE POLICIES
It is the sense of Congress--
(1) that Congress, in exercising its authority under
the Constitution ``to raise and support Armies'' and
``provide and maintain Navies'' and, in the case of the
Senate, to advise and consent to the ratification of
treaties, has a role to play in formulating arms
control and defense policies of the United States, but
(2) that Congress, in exercising that authority,
should not usurp, undermine, or interfere with the
authority of the President under the Constitution to
negotiate and implement treaties, especially in the
case of treaties which affect arms control and defense
policies of the United States.
SEC. 904. SENSE OF CONGRESS ON THE FIVE-YEAR ABM TREATY REVIEW
(a) Findings.--Congress makes the following findings:
(1) The Treaty Between the United States of America
and the Union of Soviet Socialist Republics on the
Limitation of Anti-Ballistic Missile Systems, With
Associated Protocol (hereinafter in this section
referred to as the ``ABM Treaty'' or the ``Treaty'') in
Article XIV, Paragraph 2, reads as follows: ``Five
years after entry into force of this Treaty, and at
five-year intervals thereafter, the Parties shall
together conduct a review of this Treaty.''.
(2) Such Treaty entered into force on October 3,
1972, and the third five-year anniversary date
specified for the conduct of the review contemplated in
the Treaty, therefore, was October 3, 1987.
(3) As a fundamental principle of the canons of legal
construction, a specified number of years after a
specific and determinable date means the specified
anniversary of such date and therefore the third five-
year review of the ABM Treaty should have begun on or
about October 3, 1987.
(4) The Parties to the Treaty have not met as
required by the Treaty because the United States
refused to meet on the date specified in the Treaty for
such meeting (October 3, 1987) and has refused since
such date to propose a date for the meeting.
(b) Sense of Congress.--In light of the findings in
subsection (a), it is the sense of Congress that the President
should, without any further delay, propose an early date to
conduct the overdue five-year review of the ABM Treaty. The
President shall inform Congress of the results of that review
immediately after it takes place.
SEC. 905. REVISION OF ANNUAL REPORT ON SOVIET COMPLIANCE WITH ARMS
CONTROL COMMITMENTS
(a) \2\ * * *
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\2\ Sec. 905(a) had amended sec. 1002 of the Department of Defense
Authorization Act, 1986 (Public Law 99-145; 22 U.S.C. 2592a). Sec.
403(a)(1) of the Act For Reform In Emerging New Democracies and Support
and Help for Improved Partnership with Russia, Ukraine and Other New
Independent States (``FRIENDSHIP Act'') (Public Law 103-199; 107 Stat.
2325) repealed sec. 1002 of Public Law 99-145.
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(b) Effective Date.--The amendment made by subsection (a)
shall take effect beginning with the report to be submitted
under section 1002 of the Department of Defense Authorization
Act, 1986, in 1990.
SEC. 906.\3\ * * * [REPEALED--1993]
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\3\ Formerly at 22 U.S.C. 2592b. Sec. 403(b)(1) of Public Law 103-
199 (107 Stat. 2325) repealed sec. 906. The former sec. 906 read as
follows:
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``sec. 906. annual report on arms control strategy
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``(a) In General.--The President shall submit to Congress each
year, not later than December 1, a report containing a comprehensive
discussion and analysis of the arms control strategy of the United
States. The President shall include in each such report the following:
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``(1) A description of the nature and sequence of the future arms control
efforts of the United States.
``(2) A net assessment of the current effects of arms control agreements
on the status of, and trends in, the military balance between the United
States and the Soviet Union and between the North Atlantic Treaty
Organization (NATO) and the Warsaw Pact.
``(3) A comprehensive data base on the military balance of forces of the
United States and the Soviet Union, and the balance of forces of NATO and
the Warsaw Pact countries, that are affected by arms control agreements in
existence as of the time of the report between the United States and the
Soviet Union and between NATO and the Warsaw Pact, including an explanation
of the methodology used to analyze the effects on such forces.
``(4) A net assessment of the effect that proposed arms control
agreements between the United States and the Soviet Union and between NATO
and the Warsaw Pact would likely have on United States force plans and
contingency plans, including an assessment of the effect that such proposed
agreements would have on the risks and costs to the United States.
``(5) An assessment of the effect that proposed treaty sub-ceilings,
asymmetries, and other factors or qualifications affecting a treaty or arms
control proposal would have on the military balance between the United
States and the Soviet Union and between NATO and the Warsaw Pact, including
an assessment of how such factors increase deterrence and reduce the risk
and cost of war.
``(6) A statement of the strategy the United States and NATO will use to
verify and deter noncompliance with proposed arms control treaties between
the United States and the Soviet Union and between NATO and the Warsaw
Pact.
``(7) A discussion of the extent to which and the manner in which the
United States intends to consult with its allies regarding proposed arms
control agreements between the United States and the Soviet Union and
between NATO and the Warsaw Pact.
``(8) A discussion of how the United States proposes to tailor its
defense structure in order to ensure that the national security can be
preserved with or without arms control agreements.
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``(b) Explanation of Methodology.--In reporting on the current
effect of arms control agreements on the status of, and trends in, the
military balance of power between the United States and the Soviet
Union and between NATO and the Warsaw Pact (required under paragraphs
(2) and (3) of subsection (a)), the President shall--
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``(1) specify the methodology used in analyzing the military balance
between the United States and the Soviet Union and express the results of
such analyses in terms of (A) static comparisons, and (B) comparisons that
include dynamic factors; and
``(2) discuss all major scenarios, assumptions, and contingencies,
including political confrontation, full-scale war, and serious
confrontations not involving full-scale war.
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``(c) Form of Report.--The President shall submit such report in
both classified and unclassified form.''.
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SEC. 907.\4\ * * * [REPEALED--1993]
SEC. 908. ANALYSIS OF ALTERNATIVE STRATEGIC NUCLEAR FORCE POSTURES FOR
THE UNITED STATES UNDER A POTENTIAL START TREATY
(a) Findings.--Congress makes the following findings:
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\4\ Sec. 403(c)(1) of Public Law 103-199 (107 Stat. 2325) repealed
sec. 907. The former sec. 907 read as follows:
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``sec. 907. report on antiballistic missile capabilities and activities of
the soviet union
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``(a) Study.--The President shall conduct a study regarding the
antiballistic missile capability and activities of the Soviet Union. In
conducting the study, the President shall assess each of the following:
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``(1) The military capabilities and significance of the extensive network
of large-phased array radars of the Soviet Union.
``(2) Whether the Soviet Union is developing or producing mobile or
transportable engagement radars in violation of the 1972 Antiballistic
Missile Treaty.
``(3) The ability of the Soviet Union to develop an effective
exoatmospheric antiballistic missile defense without using widespread
deployments of traditional engagement radars.
``(4) The ability of air defense interceptor missiles of the Soviet
Union, now and in the future, to destroy warheads of ballistic missiles in
flight.
``(5) Whether silos or other hardened facilities of the Soviet Union
located outside of the existing antiballistic missile site permitted near
Moscow under the terms of the 1972 Antiballistic Missile Treaty are or
could be associated with antiballistic missile defenses not permitted under
that Treaty.
``(6) Whether the Soviet Union is developing terminal antiballistic
missile defenses.
``(7) Whether the existing antiballistic missile site near Moscow that is
permitted under the terms of that Treaty conceals or could conceal
development, testing, or deployment by the Soviet Union of a widespread
antiballistic missile system.
``(8) Activities of the Soviet Union regarding boost-phase intercepts of
ballistic missiles.
``(9) The status of laser programs, particle-beam programs, and other
advanced technology programs of the Soviet Union comparable to programs
conducted by the United States under the Strategic Defense Initiative.
``(10) The consequences for the United States of a successful effort by
the Soviet Union to deploy an effective nationwide or limited antiballistic
missile system.
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``(b) Assessment of Ability of United States To Counter A Soviet
ABM System.--In conducting the study required by subsection (a), the
President shall also assess the ability of the United States to counter
effectively an effective antiballistic missile system deployed by the
Soviet Union. Such assessment shall consider both the deployment by the
Soviet Union of a nationwide, and of a limited, antiballistic missile
system. In assessing the ability of the United States to counter
effectively such a system, the President--
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``(1) shall consider the ability of the United States to modify (A)
existing strategic offensive forces (including modifications involving the
development of additional penetration aids), and (B) current strategic
doctrine and tactics; and
``(2) shall consider whether the actions of the United States described
in paragraph (1) could be accomplished over the same period of time that
the Soviet Union would require to deploy such an antiballistic missile
system.
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``(c) Report.--Not later than January 1, 1989, the President shall
submit to Congress a report, in both a classified and an unclassified
version, specifying the results of the study conducted pursuant to this
section. The report shall include such recommendations as the President
considers appropriate, including recommendations with regard to
maintaining the deterrent value of the strategic forces of the United
States in light of the antiballistic missile capability and activities
of the Soviet Union described in the report.''.
Sec. 1004(e) of the National Defense Authorization Act for Fiscal
Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1542) had waived a
requirement for a study outlined in sec. 1004(a) of that Act, if
``before the date of submission of the report required by [subsection
(d) of that Act] * * * the President submits to Congress the report
required by section 907 of the National Defense Authorization Act,
Fiscal Year 1989 * * * regarding antiballistic missile capabilities and
activities of the Soviet Union * * *.''.
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(1) The United States and the Soviet Union are
currently engaged in talks regarding the reduction of
strategic nuclear arms.
(2) Such talks could result in a treaty requiring
deep reductions in the strategic forces of the United
States.
(3) Any such Strategic Arms Reduction Treaty (START)
cannot be ratified without the advice and consent of
the Senate.
(4) Any such START Treaty should result in a stable
balance of strategic forces between the United States
and the Soviet Union which enhances the security of the
United States.
(5) Congress should provide funds for the forces
permitted under such a treaty that are required to
ensure the stability of the force balance under such a
treaty.
(6) Congress faces critical resource choices for
fiscal year 1989 and subsequent fiscal years, and the
resource choices made by Congress for those years could
substantially influence the strategic force posture of
the United States in the period after such a treaty
goes into effect.
(b) Presidential Report.--Before entering into any
Strategic Arms Reduction Treaty or other agreement with the
Soviet Union for the reduction of strategic arms, but not later
than September 15, 1988, the President shall submit to Congress
a comprehensive report on the implications such a treaty or
agreement might have on the strategic force postures of the
United States during the 1990s. The report shall include the
following:
(1) A description of alternative force postures that
might be permitted for the United States under such an
arms reduction agreement, including the posture
recommended by the President.
(2) The estimated costs, over at least a seven-year
period, associated with each alternative force posture.
(3) The damage limitation capability, the
survivability, and the retaliatory potential of such
force posture, and the implications for strategic
stability, assessed with regard to the likely force
postures of the Soviet Union under such an agreement
and the first-strike potential of such force postures.
(4) The likely effect of a breakout by the Soviet
Union from such an arms control agreement on the
survivability and of the force posture of the United
States under such an agreement recommended by the
President under paragraph (1).
(c) Form of Report.--The President shall submit the report
under subsection (b) in both classified and unclassified form.
SEC. 909. ON-SITE INSPECTION AGENCY
(a) Report Requirements.--(1) Not later than six months
after the date of the enactment of this Act, the officers named
in paragraph (2) shall each submit to the Committee on Armed
Services, the Committee on Foreign Affairs, and the Permanent
Select Committee on Intelligence of the House of
Representatives \5\ and the Committee on Armed Services, the
Committee on Foreign Relations, and the Select Committee on
Intelligence of the Senate an unclassified report, with
classified annexes as necessary, on the responsibility of each
such officer for the monitoring and verification of arms
control agreements. Each such report--
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\5\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that
references to the Committee on Armed Services of the House of
Representatives shall be treated as referring to the Committee on
National Security of the House of Representatives. Sec. 1(a)(5) of that
Act provided that references to the Committee on Foreign Affairs shall
be treated as referring to the Committee on International Relations.
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(A) shall address specifically any responsibility the
officer submitting the report has with respect to on-
site inspections (whether inspections of facilities of
the United States or inspections of facilities of
another party to the agreement); and
(B) shall set forth the organizational elements of
each department or agency over which the officer
submitting the report has jurisdiction which have
functions related to the monitoring or verification of
arms control agreements.
(2) Officers referred to in paragraph (1) are the
following:
(A) The Secretary of Defense.
(B) The Secretary of State.
(C) The Director of Central Intelligence.
(D) The Director of the United States Arms Control
and Disarmament Agency.
(b) Matters To Be Included.--Each report under subsection
(a) shall--
(1) describe in detail the monitoring and
verification activities carried out with respect to the
INF Treaty,
(2) evaluate the effectiveness with which these
functions have been implemented, and
(3) include recommendations for any future
organizational or policy changes that may be necessary
in view of the experience of implementing the INF
Treaty.
(c) INF Treaty Defined.--For purposes of subsection (b),
the term ``INF Treaty'' means the Treaty Between the United
States of America and the Union of Soviet Socialist Republics
on the Elimination of Their Intermediate-Range and Shorter-
Range Missiles (signed at Washington on December 9, 1987).
(d) Budget Requests.--Any request submitted to Congress by
the Executive Branch for authorization of appropriations for
the On-Site Inspection Agency for any fiscal year shall, as a
separate activity, provide details of all funding and of all
military and civilian personnel requested for that Agency for
that fiscal year, including the number of such personnel of the
Department of Defense and other agencies that will be assigned
to on-site inspection activities and to support such activities
during that fiscal year.
SEC. 910. COORDINATION OF VERIFICATION POLICY AND RESEARCH AND
DEVELOPMENT ACTIVITIES
(a) Report.--Not later than June 30, 1989, the President
shall submit to Congress a report reviewing the relationship of
arms control objectives of the United States with research and
development of improved monitoring systems for arms control
verification. The review shall include the participation of the
Secretaries of Defense, State, and Energy, the Director of
Central Intelligence, and the Director of the United States
Arms Control and Disarmament Agency.
(b) Findings and Recommendations.--The report shall include
the findings of the President, and such recommendations for
improvements as the President considers appropriate, with
respect to the following:
(1) The status of coordination among the officers
named in subsection (a) in the formulation of the
policy of the United States regarding arms control
verification.
(2) The status of efforts to ensure that such policy
is formulated in a manner which takes into account
available monitoring technology.
(3) The status of efforts to ensure that research and
development on monitoring technology evolves
concurrently with such policy.
* * * * * * *
v. National Defense Authorization Act for Fiscal Years 1988 and 1989
Partial text of Public Law 100-180 [H.R. 1748], 100 Stat. 1019,
approved December 4, 1987; as amended by Public Law 101-189 [National
Defense Authorization Act for Fiscal Years 1990 and 1991; H.R. 2461],
103 Stat. 1352, approved November 29, 1989
AN ACT To authorize appropriations for fiscal years 1988 and 1989 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 years 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 IX--MATTERS RELATING TO ARMS CONTROL
SEC. 901. MISSILE TECHNOLOGY CONTROL REGIME
(a) Findings.--The Congress finds that--
(1) the proliferation of nuclear weapons and of
missiles capable of the delivery of nuclear weapons is
a threat to international peace and security;
(2) in the early 1980's, the danger of the
proliferation of such weapons and missiles was formally
recognized in discussions among the governments of the
United States, Canada, France, the Federal Republic of
Germany, Italy, Japan, and the United Kingdom; and
(3) these seven governments, after four years of
negotiations, on April 7, 1987, concluded an agreement
known as the Missile Technology Control Regime, for the
purpose of limiting the proliferation of missiles
capable of the delivery of nuclear weapons (and
hardware and technology related to such missiles)
throughout the world.
(b) Expressions of Congress.--The Congress--
(1) expresses its firm support for the Missile
Technology Control Regime as a means of enhancing
international peace and security;
(2) expresses its strong hope that all nations of the
world will adhere to the Guidelines of the Missile
Technology Control Regime; and
(3) expresses its expectation that all relevant
agencies of the United States Government will ensure
the fully effective implementation of this regime.
(c) Report on Manpower Required To Implement the Missile
Technology Control Regime.--(1) Not later than 60 days after
the date of enactment of the National Defense Authorization Act
for Fiscal Year 1990,\1\ the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and House of
Representatives \2\ a report--
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\1\ Sec. 1639(a) of the National Defense Authorization Act for
Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1612;
approved November 29, 1989) struck out ``February 1, 1988'' and
inserted in lieu thereof ``60 days after the date of enactment of the
National Defense Authorization Act for Fiscal Year 1990''.
\2\ 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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(A) identifying the functional responsibilities of
the Department of Defense for implementing the Missile
Technology Control Regime;
(B) describing the number and skills of personnel
currently available in the Department of Defense to
perform these functions; and
(C) assessing the adequacy of these resources for the
effective performance of these responsibilities.
(2) The report required by paragraph (1) shall identify the
total number of current Department of Defense full-time
employees or military personnel and the grades of such
personnel and the special knowledge, experience, and expertise
of such personnel, required to carry out each of the following
responsibilities of the Department under the regime:
(A) Review of private-sector export license
applications and government-to-government cooperative
activities.
(B) Intelligence analysis and activities.
(C) Policy coordination.
(D) International liaison activity.
(E) Enforcement and technology security operations.
(F) Technical review.
(3) The report shall include the Secretary's assessment of
the adequacy of staffing in each of the categories specified in
subparagraphs (A) through (F) of paragraph (2) and shall make
recommendations concerning measures, including legislation if
necessary, to eliminate any identified staffing deficiencies
and to improve interagency coordination with respect to the
regime.
SEC. 902.\3\ SENSE OF CONGRESS ON THE KRASNOYARSK RADAR
(a) Findings.--The Congress finds the following:
---------------------------------------------------------------------------
\3\ Sec. 1003 of the National Defense Authorization Act for Fiscal
Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1543) reaffirmed
this sense of the Congress.
---------------------------------------------------------------------------
(1) The 1972 Anti-Ballistic Missile Treaty prohibits
each party to the Treaty from deploying ballistic
missile early warning radars except at locations along
the periphery of its national territory and oriented
outward.
(2) The 1972 Anti-Ballistic Missile Treaty prohibits
each party to the Treaty from deploying an anti-
ballistic missile system to defend its national
territory and from providing a base for any such
nationwide defense.
(3) Large phased-array radars were recognized during
negotiation of the 1972 Anti-Ballistic Missile Treaty
as the critical long lead-time element of a nationwide
defense against ballistic missiles.
(4) In 1983 the United States discovered the
construction, in the interior of the Soviet Union near
the town of Krasnoyarsk, of a large phased-array radar
that has subsequently been judged to be for ballistic
missile early warning and tracking.
(5) The Krasnoyarsk radar is more than 700 kilometers
from the Soviet-Mongolian border and is not directed
outward but instead, faces the northeast Soviet border
more than 4,500 kilometers away.
(6) The Krasnoyarsk radar is identical to other
Soviet ballistic missile early warning radars and is
ideally situated to fill the gap that would otherwise
exist in a nationwide Soviet ballistic missile early
warning radar network.
(7) The President has certified that the Krasnoyarsk
radar is an unequivocal violation of the 1972 Anti-
Ballistic Missile Treaty.
(b) Sense of Congress.--It is the sense of the Congress
that the Soviet Union is in violation of its legal obligation
under the 1972 Anti-Ballistic Missile Treaty.
SEC. 903. REPORT ON COMPLIANCE BY THE SOVIET UNION WITH THRESHOLD TEST
BAN TREATY
(a) In General.--The President shall submit to Congress,
not later than 30 days after the date of the enactment of this
Act, a report discussing the use of the current official United
States method of estimating the yield of Soviet underground
nuclear tests to determine the extent to which the Soviet Union
is complying with the 150 kiloton limit on underground nuclear
tests contained in the Threshold Test Ban Treaty.
(b) Form and Content of Report.--The report shall be
submitted in both classified form and (if possible)
unclassified form and shall include the following matters:
(1) A discussion of whether past assessments made by
the United States of the extent of Soviet compliance
with the 150 kiloton limit contained in the Threshold
Test Ban Treaty would have been different if the United
States, in making those assessments, had used the
current official United States method of estimating the
yield of underground nuclear tests conducted by the
Soviet Union.
(2) The number of nuclear tests conducted by the
Soviet Union after March 31, 1976, that have a central
value exceeding 150 kilotons yield (estimated on the
basis of the current official method used by the United
States in estimating underground nuclear test yields),
the central value of those tests (estimated on such
basis), and the dates on which those tests were
conducted.
(3) The number, dates, and estimated central values
of tests, if any, conducted by the United States after
March 31, 1976, which, if measured on the basis of the
current official method used by the United States in
estimating Soviet underground nuclear test yields
(taking into account the differences between the United
States and Soviet test sites), would have an indicated
central value exceeding 150 kilotons yield.
(4) The number of tests conducted by the United
States after March 31, 1976, if any, which actually had
yields exceeding 150 kilotons, the estimated central
value of each such test, and the date on which each
such test was conducted.
(5) A description of all nuclear testing activities
of the Soviet Union which the President has found to be
likely violations of the legal obligations under the
Threshold Test Ban Treaty, the dates on which those
activities took place, and the specific legal
obligations under the Threshold Test Ban Treaty likely
to have been violated by the Soviet Union in conducting
such activities.
(6) A discussion of whether and, if so, the extent to
which, the President, in arriving at his finding that
several nuclear tests conducted by the Soviet Union
constituted a likely violation of legal obligations
under the Threshold Test Ban Treaty, considered the
mutual agreement contained in the Threshold Test Ban
Treaty which permits one or two minor, unintended
breaches of the 150 kiloton limit per year to be
considered nonviolations of the Treaty.
(7) A detailed comparison of the current official
method used by the United States Government in
estimating Soviet underground nuclear test yields with
the method replaced by the current method, and the date
on which the current official method was adopted by the
United States.
SEC. 904. CONGRESSIONAL FINDINGS AND DECLARATIONS CONCERNING ARMS
CONTROL NEGOTIATIONS
(a) Congressional Findings.--The Congress makes the
following findings:
(1) The United States and the Soviet Union are
currently engaged in negotiations to conclude a treaty
on intermediate-range nuclear forces (INF) and are
continuing serious negotiations on other issues of
vital importance to the national security of the United
States.
(2) The current negotiations, which reflect delicate
compromises on both sides, are a culmination of years
of detailed and complex negotiations in which the
negotiators for the United States have been pursuing a
policy consistently advocated by the past two
Presidents regarding nuclear arms control in the
European theater.
(3) While recognizing fully that the President, under
clause 2, section 2, article II of the Constitution,
has the power, by and with the advice and consent of
the Senate, to make treaties, the Congress also
recognizes the special responsibility conferred by the
Founding Fathers on the Senate in requiring that it
give its advice and consent before a treaty may be
ratified by the United States and that in carrying out
this responsibility the Senate is accountable to the
people of the United States and has a duty to ensure
that no treaty is ratified which would be detrimental
to the welfare and security of the United States.
(4) In recognition of this responsibility, the Senate
has established a special continuing oversight body,
the Arms Control Observer Group, which over the last
two and one-half years has functioned to provide advice
and counsel to the President and his negotiators, when
appropriate, on a continuing basis during the course of
the negotiations to achieve an INF treaty.
(5) The Senate and the President both have a role
under the Constitution in the making of treaties and
Congress as a whole has a role under the Constitution
in the regulating of expenditures, including
expenditures for weapons systems that may be the
subject of treaty negotiations.
(b) Congressional Declarations.--In light of the findings
in subsection (a), Congress--
(1) fully supports the efforts of the President to
negotiate stabilizing, equitable, and verifiable arms
reduction treaties with the Soviet Union;
(2) endorses the principle of mutuality and
reciprocity in arms control negotiations with the
Soviet Union and cautions that neither the Congress nor
the President should take actions which are unilateral
concessions to the Soviet Union; and
(3) urges the President to take care that no
provision is agreed to in those negotiations that would
be harmful to the security of the United States or its
allies and friends.
(c) Declaration of the Senate.--The Senate declares that it
will reserve judgment regarding the approval of any arms
control treaty until it has conducted a thorough examination of
the provisions of the treaty and has assured itself that those
provisions--
(1) are effectively verifiable; and
(2) serve to enhance the strength and security of the
United States and its allies and friends.
SEC. 905. REPORT ON MILITARY CONSEQUENCES OF THE ELIMINATION OF
BALLISTIC MISSILES
(a) Report Requirement.--Not later than 30 days after the
date of the enactment of this Act, the Chairman of the Joint
Chiefs of Staff shall submit to the Committees on Armed
Services of the Senate and House of Representatives \4\ a
report examining the military consequences of any arms control
agreement between the United States and the Soviet Union that
would provide for the elimination of all strategic ballistic
missiles of the United States and the Soviet Union.
---------------------------------------------------------------------------
\4\ 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.
---------------------------------------------------------------------------
(b) Matters To Be Discussed.--Such report shall be
submitted in both classified and unclassified form and shall
include a discussion of the strategic, budgetary, and force
structure implications of an agreement described in subsection
(a) for--
(1) conventional defenses of the United States and
its allies in Europe, the Far East, and other regions
vital to the national security of the United States;
(2) tactical nuclear deterrence by the United States
in those regions;
(3) strategic offensive retaliatory systems of the
United States that would not be affected by such an
agreement, including bomber forces and cruise missiles;
(4) air defenses of the United States needed to
counter bomber forces and cruise missiles of the Soviet
Union;
(5) Strategic Defense Initiative programs designed to
provide possible defenses against strategic ballistic
missiles; and
(6) any new programs which the Chairman of the Joint
Chiefs of Staff may consider necessary in order for the
United States to protect its national security
interests in light of the relative advantage conferred
by such an agreement on other nations possessing
nuclear weapons whose strategic ballistic missile
forces would not be affected by the agreement.
SEC. 906. REPORT ON IMPLICATIONS OF CERTAIN ARMS CONTROL POSITIONS
Not later than June 30, 1988, the Secretary of Defense
shall submit to Congress a report, in both classified and
unclassified versions, containing the following:
(1) A description of the quantitative and qualitative
implications for the strategic modernization program of
the United States of the publicly-announced position of
the United States at the Strategic Arms Reduction Talks
in Geneva, giving special, but not exclusive, attention
to the implications of such position for the Trident
SSBN program, the rail-garrison Peacekeeper program,
and the small intercontinental ballistic missile
(``Midgetman'') program.
(2) A description of the advantages and drawbacks of
following the recommendations made in 1983 in the
report of the President's Commission on Strategic
Forces with regard to research on smaller ballistic-
missile carrying submarines, each carrying fewer
missiles than the Trident, as a potential follow-on to
the Trident submarine force.
(3) The recommendations of the Secretary of Defense
with regard to paragraphs (1) and (2) on United States
force modernization policy and arms control policy.
SEC. 907. SUPPORT FOR NUCLEAR RISK REDUCTION CENTERS
(a) Congress applauds the recent signing of an agreement
between the United States and the Soviet Union on the
establishment of nuclear risk reduction centers. Congress
regards this agreement as an important and practical first step
in reducing the threat of nuclear war due to accident,
misinterpretation, or miscalculation. Congress notes that the
agreement calls for centers to be established in each nation's
respective capital for the routine exchange of information and
advanced notification of nuclear and missile testing.
(b) It is the hope of Congress that this first step in
nuclear risk reduction will increase the confidence and mutual
trust of both parties to the agreement and lead to an expansion
in functions to reduce further the chances of accidental war.
Such functions may include joint discussions on crisis
prevention and the development of strategies to deal with
incidents or threats of nuclear terrorism, nuclear
proliferation, or other mutually agreed upon issues of concern
in reducing nuclear risk.
* * * * * * *
w. Department of Defense Authorization Act, 1987
Partial text of Public Law 99-661 [S. 2368], 100 Stat. 3816, approved
November 14, 1986
AN ACT To authorize appropriations for fiscal year 1987 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
improve the defense acquisition process, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
TITLE X--ARMS CONTROL MATTERS
SEC. 1001. SENSE OF THE CONGRESS RELATING TO SALT II COMPLIANCE
(a) Continued Adherence to SALT II Numerical Sublimits.--It
is the sense of the Congress that it is in the national
security interests of the United States to continue voluntary
compliance with the central numerical sublimits of the SALT II
Treaty as long as the Soviet Union complies with such
sublimits.
(b) Definition.--For purposes of this section, the central
numerical sublimits of the SALT II Treaty include prohibitions
on the deployment of the following:
(1) Launchers for more than 820 intercontinental
ballistic missiles carrying multiple independently-
targetable reentry vehicles.
(2) Launchers for an aggregate of more than 1,200
intercontinental ballistic missiles carrying multiple
independently-targetable reentry vehicles and
submarine-launched ballistic missiles carrying multiple
independently-targetable reentry vehicles.
(3) An aggregate of more than 1,320 launchers
described in paragraph (2) and heavy bombers equipped
for air-launched cruise missiles capable of a range in
excess of 600 kilometers.
SEC. 1002. SENSE OF THE CONGRESS ON NUCLEAR TESTING
(a) Findings.--The Congress makes the following findings:
(1) The United States is committed in the Limited
Test Ban Treaty of 1963 and in the Non-Proliferation
Treaty of 1968 to seek to achieve the discontinuance of
all test explosions of nuclear weapons for all time.
(2) A comprehensive test ban treaty would promote the
security of the United States by constraining the
United States-Soviet nuclear arms competition and by
strengthening efforts to prevent the proliferation of
nuclear weapons.
(3) The Threshold Test Ban Treaty was signed in 1974
and the Peaceful Nuclear Explosions Treaty was signed
in 1976, and both have yet to be considered by the full
Senate for its advice and consent to ratification.
(4) The entry into force of the Peaceful Nuclear
Explosions Treaty and the Threshold Test Ban Treaty
will ensure full implementation of significant new
verification procedures and so make completion of a
comprehensive test ban treaty more probable.
(5) A comprehensive test ban treaty must be
adequately verifiable, and significant progress has
been made in methods for detection of underground
nuclear explosions by seismological and other means.
(6) At present, negotiations are not being pursued by
the United States and the Soviet Union toward
completion of a comprehensive test ban treaty.
(7) The past five administrations have supported the
achievement of a comprehensive test ban treaty.
(b) Sense of Congress.--It is the sense of Congress that,
at the earliest possible date, the President should--
(1) request the advice and consent of the Senate to
ratification (with a report containing any plans the
President may have to negotiate supplemental
verification procedures, or if the President believes
it necessary, any understanding or reservation on the
subject of verification which should be attached to the
treaty) of the Threshold Test Ban and Peaceful Nuclear
Explosions Treaties, signed in 1974 and 1976,
respectively; and
(2) propose to the Soviet Union the immediate
resumption of negotiations toward conclusion of a
verifiable comprehensive test ban treaty.
In accordance with international law, the United States shall
have no obligation to comply with any bilateral arms control
agreement with the Soviet Union that the Soviet Union is
violating.
SEC. 1003. REPORT BY THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF ON
UNITED STATES NON-COMPLIANCE WITH EXISTING
STRATEGIC OFFENSIVE ARMS AGREEMENTS
(a) In General.--The Chairman of the Joint Chiefs of Staff
shall submit to Congress a report containing a detailed
assessment of--
(1) the military consequences to the United States of
a policy decision by the United States to discontinue
compliance with the major provisions of existing
strategic offensive arms limitations agreements
(including central numerical sublimits on strategic
nuclear delivery vehicles in the SALT II accord) would
have on the security of the United States; and
(2) the likely military responses of the Soviet Union
to such a policy decision.
(b) Matters To Be Considered.--The assessment required by
subsection (a) shall focus on what the likely Soviet military
responses would be during the period between 1987 and 1996. In
making such assessment, the Chairman shall specifically
consider the following:
(1) The effect on the ability of United States
strategic forces to accomplish their nuclear deterrent
mission (including the effect on the survivability of
United States strategic forces and on the ability of
United States strategic forces to achieve required
damage expectancies against Soviet targets) of any
expansion of Soviet military capabilities undertaken in
response to a United States decision to abandon
compliance with existing strategic offensive arms
agreements.
(2) The additional cost to the United States, above
currently projected military expenditures for those
periods for which such budget projections are
available, of research, development, production,
deployment, and annual operations and support for any
additional strategic forces required to country any
expansion in Soviet military capabilities undertaken in
response to a United States decision to abandon
compliance with existing strategic offensive arms
agreements.
(3) Under average annual real growth projections in
defense spending of 0 percent, 1 percent, 2 percent,
and 3 percent, the percent of the annual defense budget
in each year between fiscal year 1987 and fiscal year
1996 which would be consumed by increased United States
strategic forces needed to counter the Soviet force
expansions.
(4) The military effect on United States national
security of the diversion the funds identified under
paragraph (2) away from nonstrategic defense programs
and to strategic programs to counter expanded Soviet
strategic capabilities, including the military effect
of such a diversion on the ability of United States
conventional forces to meet the specific non-nuclear
defense commitments of the United States as a member of
the North Atlantic Treaty Organization and under the
1960 Treaty of Mutual Cooperation and Security with
Japan.
(5) The military implications for the United States
of Soviet violations of offensive arms control
agreements that have been determined.
(c) Report Requirements.--(1) The Chairman shall--
(A) include in the report required under subsection
(a) the individual views of the other members of the
Joint Chiefs of Staff; and
(B) submit such report in both classified and
unclassified form.
(2) The report required by subsection (a) shall be
submitted not later than December 19, 1986.
(e) \1\ Restriction on Obligation of Funds.--If the
Chairman of the Joint Chiefs of Staff fails to submit the
report required by subsection (a) before December 20, 1986, no
funds may be obligated or expended, directly or indirectly, on
or after such date by the Organization of the Joint Chiefs of
Staff for any study or analysis to be conducted by a civilian
contractor until such report is received by Congress.
---------------------------------------------------------------------------
\1\ As enrolled; there is no subsec. (d).
---------------------------------------------------------------------------
SEC. 1004. SENSE OF CONGRESS EXPRESSING SUPPORT FOR A CENTRAL ROLE FOR
NUCLEAR RISK REDUCTION CENTERS
(a) Congressional Statements.--The Congress--
(1) has expressed its prior support for the
establishment of nuclear risk reduction centers; and
(2) supports the President's willingness to negotiate
an agreement with the Soviet Union to establish such
centers in each nation.
(b) Sense of Congress.--It is the sense of Congress that if
an agreement on nuclear risk reduction centers is signed, the
United States center should--
(1) be assigned the responsibility to serve as the
center of activity for United States risk reduction
activities under the agreement; and
(2) make recommendations to the Assistant to the
President for National Security Affairs regarding
additional risk reduction arrangements that might be
proposed to the Soviet Union.
* * * * * * *
x. Department of Defense Authorization Act, 1986
Partial text of Public Law 99-145 [S. 1160], 99 Stat. 583, approved
November 8, 1985; as amended by Public Law 99-190 [Further Continuing
Appropriations, 1985; H.J. Res. 465]; 99 Stat. 1185, approved December
19, 1985; Public Law 100-456 [National Defense Authorization Act for
Fiscal Year 1989, H.R. 4481], 102 Stat. 1918, approved September 29,
1988; and Public Law 103-199 [FRIENDSHIP Act; H.R. 3000], 103 Stat.
2317, approved December 17, 1993
AN ACT To authorize appropriations for military functions of the
Department of Defense and to prescribe military personnel levels for
the Department of Defense for fiscal year 1986, to revise and improve
military compensation programs, to improve defense procurement
procedures, to authorize appropriations for fiscal year 1986 for
national security programs of the Department of Energy, and for other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
TITLE X--MATTERS RELATING TO ARMS CONTROL
SEC. 1001. POLICY ON COMPLIANCE WITH EXISTING STRATEGIC OFFENSIVE ARMS
AGREEMENTS
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States should vigorously pursue with
the Soviet Union the resolution of concerns of the
United States over Soviet compliance with existing
strategic arms control agreements and should seek
corrective actions through confidential diplomatic
channels, including, if appropriate, the Standing
Consultative Commission and the Nuclear and Space Arms
negotiations;
(2) the Soviet Union should take positive steps to
resolve the compliance concerns of the United States
about existing strategic offensive arms agreements in
order to maintain the integrity of those agreements and
to strengthen the positive environment necessary for
the successful negotiation of a new strategic offensive
arms agreement;
(3) the United States should continue, through
December 31, 1986, to refrain from undercutting the
provisions of existing strategic offensive arms
agreements--
(A)(i) to the extent that the Soviet Union
refrains from undercutting those provisions;
and
(ii) if the Soviet Union actively pursues
arms reduction agreements in the Nuclear and
Space Arms negotiations; or
(B) until a new strategic offensive arms
agreement between the United States and the
Soviet Union is concluded;
(4) the President--
(A) should carefully consider the impact of
any change in the current policy of the United
States regarding existing strategic offensive
arms agreements on the long-term security
interests of the United States and its allies;
and
(B) should consult with Congress before
making any change in that policy; and
(5) any decision by the President to continue the
existing United States no-undercut policy beyond
December 31, 1986, should be a matter for consultation
between the President and Congress and for subsequent
review and debate by Congress.
(b) Requirement for Report.--Not later than February 1,
1986, the President shall submit to Congress a report
containing the following:
(1) A range of projections and comparisons, on a
year-by-year basis, of United States and Soviet
strategic weapons dismantlements that would be required
over the next five years if the United States and the
Soviet Union were to adhere to a policy of not
undercutting existing strategic arms control
agreements.
(2) A range of projections and comparisons, on a
year-by-year basis, of likely United States and Soviet
strategic offensive force inventories over the next
five years assuming a termination at the end of 1985 in
the current no-undercut policy.
(3) An assessment of the possible Soviet political,
military, and negotiating responses to the termination
of the United States no-undercut policy.
(4) Recommendations regarding the future of United
States interim restraint policy.
(c) Proposal of Measures.--If the President finds and
reports to Congress that--
(1) the Soviet Union has violated the provisions of
any strategic arms agreement; and
(2) such violations impair or threaten the security
of the United States,
the President may propose to Congress such measures as he
considers necessary to protect the security of the United
States.
(d) Scope of Policy.--Nothing in this section shall be
construed--
(1) to restrain or inhibit the constitutional powers
of the President;
(2) to endorse unilateral United States compliance
with existing strategic arms agreements;
(3) as prohibiting the United States from carrying
out proportionate responses to Soviet undercutting of
strategic arms provisions;
(4) as prohibiting or delaying the development,
flight testing, or deployment of the small
intercontinental ballistic missile (SICM) \1\ as
authorized by law; or
---------------------------------------------------------------------------
\1\ Should read ``SICBM''.
---------------------------------------------------------------------------
(5) as establishing a precedent to continue the no-
undercut policy beyond December 31, 1986.
SEC. 1002.\2\ * * * [REPEALED--1993]
SEC. 1003. STUDY OF ARMS CONTROL VERIFICATION CAPABILITIES
(a) Interagency Study.--The President shall provide for an
interagency study with the purpose of determining possible
avenues for cooperation between the United States and the
Soviet Union in the development of capabilities not subject to
national security restrictions for verification of compliance
with arms control agreements.
---------------------------------------------------------------------------
\2\ Formerly at 22 U.S.C. 2592a. Sec. 403(a)(1) of the Act For
Reform In Emerging New Democracies and Support and Help for Improved
Partnership with Russia, Ukraine and Other New Independent States
(``FRIENDSHIP Act'') (Public Law 103-199; 107 Stat. 2325) repealed sec.
1002. The former sec. 1002 read as follows:
---------------------------------------------------------------------------
``sec. 1002. annual report on soviet compliance with arms control
commitments
---------------------------------------------------------------------------
``(a) Annual Report.--Not later than December 1 of each year, the
President shall submit to Congress a report containing the findings of
the President with respect to the compliance of the Soviet Union with
its arms control commitments and any additional information necessary
to keep Congress currently informed.
``(b) Matters To Be Included.--The President shall specifically
include in each such report the following:
---------------------------------------------------------------------------
``(1) A summary of the current status of all arms control agreements in
effect between the United States and the Soviet Union.
``(2) An assessment of all violations by the Soviet Union of such
agreements and the risks such violations pose to the national security of
the United States and its allies.
``(3) A net assessment of the aggregate military significance of all such
violations.
``(4) A statement of the compliance policy of the United States with
respect to violations by the Soviet Union of those agreements.
``(5) What actions, if any, the President has taken or proposes to take
to bring the Soviet Union into compliance with its commitments under those
agreements.
---------------------------------------------------------------------------
``(c) Contingent Additional Information.--If the President in any
second consecutive report submitted to Congress under this section
reports that the Soviet Union is not in full compliance with all arms
control agreements between the United States and the Soviet Union, the
President shall include in such report an assessment of what actions
are necessary to compensate for such violations.
``(d) Classification of Reports.--Each report under this section
shall be submitted in both classified and unclassified versions.''.
Sec. 905(a) of the National Defense Authorization Act, Fiscal Year
1989 (Public Law 100-456; 102 Stat. 2032), had earlier amended and
restated sec. 1002. It had formerly read as follows:
``Not later than December 1, 1985, and not later than December 1 of
each following year, the President shall submit to the Congress a
report (in both classified and unclassified versions) containing, with
respect to the compliance of the Soviet Union with its arms control
commitments, the findings of the President and any additional
information necessary to keep the Congress currently informed.''.
In accord with sec. 905(b) of Public Law 100-456, this amendment
took effect beginning with the report to be submitted under sec. 1002
of the Department of Defense Authorization Act, 1986, in 1990.
---------------------------------------------------------------------------
(1) limited exchanges of data and scientific
personnel; and
(2) the conduct of a joint technological effort in
the area of seismic monitoring.
(b) Agencies Included.--The President shall provide for
participation in the interagency study under subsection (a)
by--
(1) the Secretary of State;
(2) the Secretary of Defense;
(3) the Secretary of Energy;
(4) the Director of the Arms Control and Disarmament
Agency;
(5) the heads of appropriate intelligence agencies;
(6) the Joint Chiefs of Staff; and
(7) such other officers as the President may
designate.
(c) Report.--(1) The President shall submit to Congress a
report on the results of the interagency study.
(2) The report shall be submitted in both a classified and
unclassified version.
(3) The report shall be submitted not later than May 1,
1986.
SEC. 1004. SENSE OF CONGRESS RELATING TO UNITED STATES-SOVIET
NEGOTIATIONS ON REDUCTION IN NUCLEAR ARMS
It is the sense of the Congress--
(1) that the President of the United States and the
General Secretary of the Communist Party of the Union
of Soviet Socialist Republics should be commended for
their willingness to meet to discuss major issues in
United States-Soviet relations; and
(2) that following thorough preparation, such
meetings should be used to work for the realization of
mutual, equitable, and verifiable reductions in nuclear
arms.
SEC. 1005. PILOT PROGRAM FOR EXCHANGE OF CERTAIN HIGH-RANKING MILITARY
AND CIVILIAN PERSONNEL WITH THE SOVIET UNION
(a) Submission of Plan.--The Secretary of Defense shall
submit to the appropriate committees of Congress a plan for the
establishment and operation during fiscal year 1986 of a pilot
program for the exchange of visits between--
(1) high-ranking officers of the Armed Forces of the
United States and high-ranking civilian officials of
the Department of Defense; and
(2) corresponding high-ranking officers and officials
of the Soviet Union.
(b) Requirements of Plan.--Such plan shall include--
(1) specific identification of the United States
officers and officials selected for participation in
the program;
(2) the proposed length of the exchange visits with
the Soviet Union;
(3) a description of the specific goals of each
exchange visit;
(4) an estimate of the cost to the United States of
participation in each visit;
(5) a description of any special actions that will be
taken to protect classified information of the United
States during any visit to the United States by
officers or officials of the Soviet Union who are
participating in the program; and
(6) any other details of the program that the
Secretary considers appropriate.
(c) Availability of Funds.--Of the funds appropriated
pursuant to section 301(a), the sum of $100,000 shall be
available only for costs required for participation by the
United States in the pilot program described in subsection (a),
including costs for travel, subsistence, and other support
expenses.
(d) Deadline for Plan.--The Secretary shall submit the plan
required by subsection (a) not later than December 1, 1985.
SEC. 1006. REPORT ON NUCLEAR WINTER FINDINGS AND POLICY IMPLICATIONS
(a) Continued Participation in Interagency Studies.--
Notwithstanding any limitation in any other provision of this
Act, the Secretary of Defense, in accordance with section
1107(a) of the Department of Defense Authorization Act, 1985
(Public Law 98-525), shall participate in any comprehensive
interagency study conducted on the atmospheric, climatic,
environmental, and biological consequences of nuclear war and
the implications that such consequences have for the nuclear
weapons strategy and policy, the arms control policy, and the
civil defense policy of the United States.
(b) Report on Nuclear Winter Findings.--Not later than
March 1, 1986, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives \3\ an unclassified report suitable for release
to the public, together with classified addenda (if required),
concerning the subject described in subsection (a). The
Secretary shall include in such report the following:
---------------------------------------------------------------------------
\3\ 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.
---------------------------------------------------------------------------
(1) A detailed review and assessment of the findings
in the current body of domestic and international
scientific literature on the atmospheric, climatic,
environmental, and biological consequences of nuclear
explosions and nuclear exchanges.
(2) A thorough evaluation of the implications that
such findings have on--
(A) the nuclear weapons policy of the United
States, especially with regard to strategy,
targeting, planning, command, control,
procurement, and deployment;
(B) the nuclear arms control policy of the
United States; and
(C) the civil defense policy of the United
States.
(3) A discussion of the manner in which the results
of such evaluation of policy implications will be
incorporated into the nuclear weapons, arms control,
and civil defense policies of the United States.
(4) An analysis of the extent to which current
scientific findings on the consequences of nuclear
explosions are being studied, disseminated, and used in
the Soviet Union.
* * * * * * *
y. Department of Defense Authorization Act, 1985
Partial text of Public Law 98-525 [H.R. 5167], 98 Stat. 2492, approved
October 19, 1984; as amended by Public Law 100-180 [National Defense
Authorization Act for Fiscal Years 1988 and 1989, H.R. 1748], 101 Stat.
1019, approved December 4, 1987
AN ACT To authorize appropriations for fiscal year 1985 for the
military functions of the Department of Defense, to prescribe military
personnel levels for that fiscal year for the Department of Defense,
and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
TITLE XI--MATTERS RELATING TO ARMS CONTROL
report on strategic nuclear submarine force
Sec. 1101. Not later than April 1, 1985, the Secretary of
Defense shall submit to the Committees on Armed Services of the
Senate and House of Representatives \1\ a report on the
survivability of the United States strategic nuclear ballistic
missile submarine force. The report shall address whether there
are grounds for adjusting, in short or long-range terms,
strategic force plans of the United States based on any
vulnerability or potential vulnerability of such force. The
report shall also examine the feasibility and desirability of
enhancing the survivability of such force through measures that
would affect antisubmarine warfare, including the nature of the
patrols and the rules of engagement of attack submarines and
the nature of the patrols and the rules of engagement of
ballistic missile submarines.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
annual report on strategic defense programs
Sec. 1102.\2\ * * * [Repealed--1987]
---------------------------------------------------------------------------
\2\ Sec. 231(b) of Public Law 100-180 (101 Stat. 1019) repealed
sec. 1102.
---------------------------------------------------------------------------
report on theater nuclear weapons and force structure
Sec. 1103. Not later than January 19, 1985, the President
shall submit to Congress a report setting forth reasons why the
United States should or should not initiate a long-term program
for the renovation of the North Atlantic Treaty Organization
(NATO) nuclear deterrent in a manner designed to reduce
pressures for early first use of tactical nuclear weapons and
to substantially reduce the theater nuclear arsenal to types
and numbers of weapons whose characteristics make for a more
stable and credible force. The report (in addition to any other
matter covered) should specifically address the following
issues:
(1) Whether NATO should not eliminate its reliance on
short-range battlefield nuclear weapons (such as the
atomic demolition bomb and 155-millimeter and 8-inch
nuclear artillery rounds), the exposure of which to
early loss from enemy action promotes pressures for
early use.
(2) Whether NATO should not refurbish its nuclear
deterrent by designing and deploying specific dedicated
nuclear launchers of a range which permits the coverage
of all potential targets from locations in the rear of
the European NATO territory in the territory of the
Warsaw Pact short of the territory of the Soviet Union,
thereby reducing pressure from enemy action for early
first use of nuclear weapons.
(3) Whether NATO should not, as a consequence of a
change in policy described in paragraph (2), eliminate
its inventory of dual-capable nuclear/conventional
weapons in order to allow early use of artillery,
aircraft, and surface-to-surface missiles for
conventional missions rather than causing them to be
withheld for possible nuclear use.
(4) Whether NATO should not place control and
operation of tactical nuclear weapons in a single
specialized command established for that purpose so
that all other NATO force elements could be free to
concentrate on pursuing conventional military missions
with maximum efficiency.
report on withdrawal of tactical nuclear warheads from europe
Sec. 1104. The President shall submit a report to Congress
not later than 90 days after the final decision is made (based
upon the recommendations of the Supreme Allied Commander,
Europe) regarding the net reduction to be made by the United
States in the number of tactical nuclear warheads in the
territory of North Atlantic Treaty Organization European member
nations pursuant to the decision of the Nuclear Planning Group
of the North Atlantic Treaty Organization of October 17, 1983.
The report shall--
(1) specify the types of warheads to be withdrawn in
accordance with that decision, the number of each such
warhead to be withdrawn, the schedule for the
withdrawal, and the rationale for the selection of the
particular warheads to be withdrawn; and
(2) any changes in force structure to be made
resulting from the changes in the tactical nuclear
warheads positioned in Europe.
report on united states counterforce capability
Sec. 1105. (a) Not later than April 15, 1985, the President
shall submit to Congress a report discussing the required
strategic counterforce capability consistent with existing
United States policy.
(b) The report under subsection (a) shall be developed
taking into consideration current and proposed United States
intercontinental ballistic missiles having an accuracy on the
order of the MX missile (including specifically the MX missile,
the D-5 Trident missile, and the small single-warhead missile)
intended to be procured for United States strategic force
modernization and the rationale for the overall counterforce
capability that would be attained as a cumulative result of
those procurements. The President shall include in the report a
specific definition of what United States counterforce
capability would constitute a so-called ``first-strike
capability'' against the Soviet Union.
(c) The report shall also include an assessment of
corresponding Soviet counterforce and first-strike
capabilities.
transmittal to congress of report on soviet compliance with arms
control agreements
Sec. 1106. (a) Not later than 30 days after the date of the
enactment of this Act, the President shall transmit to Congress
the text of the report by the General Advisory Committee on
Arms Control of the arms Control and Disarmament Agency
entitled ``A Quarter Century of Soviet Compliance Practices
Under Arms Control Commitments: 1958-1983 (U)'', dated November
1983. If the President determines that that report contains
material the release of which to Congress would compromise
United States intelligence sources, methods of intelligence
gathering, or the national security of the United States, the
President may furnish the text of such report after deleting or
modifying such compromising material.
(b) Not later than 60 days after the date of the enactment
of this Act, the President shall transmit to Congress an
unclassified version of the report described in subsection (a).
report on nuclear winter findings and policy implications
Sec. 1107. (a) The Secretary of Defense shall participate
in any comprehensive study of the atmospheric, climatic,
environmental, and biological consequences of nuclear war and
the implications that such consequences have for the nuclear
weapons strategy and policy, the arms control policy, and the
civil defense policy of the United States.
(b) Not later than March 1, 1985, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate
and House of Representatives \1\ an unclassified report
suitable for release to the public, together with classified
addenda (if required), concerning the subject described in
subsection (a). The Secretary shall include in such report the
following:
(1) A detailed review and assessment of the current
scientific studies and findings on the atmospheric,
climatic, environmental, and biological consequences of
nuclear explosions and nuclear exchanges.
(2) A thorough evaluation of the implications that
such studies and findings have on (A) the nuclear
weapons policy of the United States, especially with
regard to strategy, targeting, planning, command,
control, procurement, and deployment, (B) the nuclear
arms control policy of the United States, and (C) the
civil defense policy of the United States.
(3) A discussion of the manner in which the results
of such evaluation of policy implications will be
incorporated into the nuclear weapons, arms control,
and civil defense policies of the United States.
(4) An analysis of the extent to which current
scientific findings on the consequences of nuclear
explosions are being studied, disseminated, and used in
the Soviet Union.
sense of the congress relating to the establishment of nuclear risk
reduction centers in the united states and the soviet union
Sec. 1108. (a) The Congress makes the following findings:
(1) An increasing number of scenarios (including
misjudgment, miscalculation, misunderstanding,
possession of nuclear arms by a terrorist group or a
State sponsored threat) could precipitate a sudden
increase in tensions and the risk of a nuclear
confrontation between the United States and the Soviet
Union, situations that neither side anticipates,
intends, or desires.
(2) There has been a steady proliferation throughout
the world of the knowledge, equipment, and materials
necessary to fabricate nuclear weapons.
(3) Such proliferation of nuclear capabilities
suggests an increasing potential for nuclear terrorism,
the cumulative risk of which, considering potential
terrorist groups and other threats over a period of
years into the future, may be great.
(4) Current communications links represent equipment
of the 1960's and as such are relatively outdated and
limited in their capabilities.
(5) The President, responding to congressional
initiatives, proposed the establishment of additional
and improved communications links between the United
States and the Soviet Union and other measures to
reduce the risk of nuclear confrontation, and has
initiated discussions at a working level with the
Soviet Union pertaining to--
(A) the addition of a high speed facsimile
capability to the direct communication link
(hotline);
(B) the creation of a joint military
communications link between the Department of
Defense and the Soviet Defense Ministry; and
(C) the establishment by the Governments of
the United States and Soviet Union of high-rate
data communication links between each nation
and its embassy in the other nation's capital.
(6) The establishment of nuclear risk reduction
centers in Washington and Moscow could reduce the risk
of increased tensions and nuclear confrontations,
thereby enhancing the security of both the United
States and the Soviet Union.
(7) These centers could serve a variety of functions,
including--
(A) discussing procedures to be followed in
the event of possible incidents involving the
use of nuclear weapons by third parties;
(B) maintaining close contact during nuclear
threats or incidents precipitated by third
parties;
(C) exchanging information on a voluntary
basis concerning events that might lead to the
acquisition of nuclear weapons, materials, or
equipment by subnational groups;
(D) exchanging information about United
States-Union of Soviet Socialist Republics
military activities which might be
misunderstood by the other party during periods
of mounting tensions; and
(E) establishing a dialog about nuclear
doctrines, forces, and activities.
(8) The continuing and routine implementation of
these various activities could be facilitated by the
establishment within each Government of facilities,
organizations, and bureaucratic relationships
designated for these purposes, such as risk reduction
centers, and by the appointment of individuals
responsible to the respective head of state with
responsibilities to manage such centers.
(b) The Congress--
(1) commends the President for his announced support
for the confidence building measures described in
subsection (a) and his initiation of negotiations which
have occurred; and
(2) urges the President to pursue negotiations on
these measures with the Government of the Soviet Union
and to add to these negotiations the establishment of
nuclear risk reduction centers in both nations to be
operated under the direction of the appropriate
diplomatic and defense authorities.
sense of congress regarding a report to congress on certain
verification programs relating to biological and chemical weapons
Sec. 1109. (a) The Congress makes the following findings:
(1) The Iran-Iraq war has recently demonstrated a
marked increase in the proliferation of technology on
the production of chemical weapons and an increase in
the willingness of nations to use such weapons in armed
conflict.
(2) The President's Report to Congress on Soviet Arms
Control Noncompliance concluded that the Soviet Union
has refused to respond adequately to United States
concerns about the transfer or use by the Soviet Union
of lethal chemical warfare agents in Laos, Kampuchea,
and Afghanistan and United States concerns about
adherence by the Soviet Union to the 1972 Biological
and Toxin Weapons Convention.
(3) Experts at the recent annual meeting of the
American Association for the Advancement of Science and
at the First World Congress on New Compounds in
Biological and Chemical Warfare held at Ghent, Belgium,
emphasized that better verification of the use of
chemical weapons and of the development of biological
and toxin weapons was essential to strengthen the 1972
Biological and Toxin Weapons Convention and the Geneva
Protocol of 1925.
(4) The 1972 Biological and Toxin Weapons Convention
is scheduled for review in 1985.
(5) The United States is anxious to promote and
strengthen adherence to the Geneva Protocol of 1925 and
the 1972 Biological and Chemical Weapons Convention and
is vigorously pursuing a comprehensive, verifiable,
international agreement to ban chemical weapons.
(6) Any comprehensive agreement intended to ban the
production, storage, and transfer of chemical weapons
must provide for effective measures of verification and
enforcement and in order for the 1972 Biological and
Toxin Weapons Convention to be effective, compliance
with the terms of the convention must be verifiable;
and
(7) The Congress must be well informed regarding
existing and planned programs for verifying compliance
with the 1972 Biological and Toxin Weapons Convention
and with a chemical weapons ban agreement.
(b) It is the sense of Congress that the President should
submit to the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate and to the Committee on
Foreign Affairs \3\ and the Permanent Select Committee on
Intelligence of the House of Representatives a comprehensive
report identifying and evaluating--
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
(1) existing and planned programs to support
verification requirements necessary to determine
compliance with the 1972 Biological and Toxin Weapons
Convention and a chemical weapons ban; and
(2) the budget resources necessary to support
verification requirements necessary to determine
compliance with the 1972 Biological and Toxin Weapons
Convention and a chemical weapons ban.
(c) The President is requested to submit the report
referred to in subsection (b) to the committees referred to in
such subsection not later than December 31, 1984.
sense of congress expressing support for united states to pursue
outstanding arms control compliance
Sec. 1110. (a) The Congress makes the following findings:
(1) It is a vital security objective of the United
States to limit the Soviet nuclear threat against the
United States and its allies.
(2) The President has declared that ``as for existing
strategic arms agreements, we will refrain from actions
which undercut them so long as the Soviet Union shows
equal restraint''.
(3) The United States has legitimate concerns about
certain Soviet actions and behavior relevant to
limitations and other provisions of existing strategic
arms agreements.
(4) The President has declared that ``the United
States will continue to press compliance issues with
the Soviet Union through diplomatic channels, and to
insist upon explanations, clarifications, and
corrective actions''.
(5) The President has also declared that ``the United
States is continuing to carry out its obligations under
relevant agreements''.
(6) It would be detrimental to the security interests
of the United States and its allies and to
international peace and stability for the last
remaining limitations on strategic offensive nuclear
weapons to break down or lapse before replacement by a
new strategic arms control agreement between the United
States and the Soviet Union.
(7) The continuation of existing restraints on
strategic offensive nuclear arms would provide an
atmosphere more conducive to achieving an agreement
significantly reducing the levels of nuclear arms.
(8) The Soviet Union has not agreed to a date for
resumption of the nuclear arms talks in Geneva, and it
is incumbent on the Soviet Union to return to the
negotiating table.
(9) A termination of existing restraints on strategic
offensive nuclear weapons could make the resumption of
negotiations more difficult.
(10) Both sides have, to date, abided by important
numerical and other limits contained in existing
strategic offensive arms agreements, including
dismantling operational missile-firing submarines and
remaining within the ceilings on multiple-warhead
missile launchers and other related limits.
(11) It is in the interest of the United States and
its allies for the Soviet Union to continue to
dismantle older missile-firing submarines as new ones
are deployed and to continue to remain at or below a
level of 820 launchers of intercontinental ballistic
missiles with multiple independently targeted reentry
vehicles, 1,200 launchers of intercontinental ballistic
missiles with multiple independently targeted reentry
vehicles and submarine launched ballistic missiles, and
1,320 launchers of intercontinental ballistic missiles
with multiple independently targeted reentry vehicles
and submarine launched ballistic missiles and heavy
bombers equipped with air launched cruise missiles, and
other related limits in existing strategic offensive
arms agreements.
(b) In view of these findings, it is the sense of Congress
that--
(1) the United States should vigorously pursue with
the Soviet Union the resolution of concerns over
compliance with existing strategic and other arms
control agreements and should seek corrective actions,
where appropriate, through the Standing Consultative
Commission and other available diplomatic channels;
(2) The United States should, through December 31,
1985, continue to pursue its stated policy to refrain
from undercutting the provisions of existing strategic
offensive arms agreements so long as the Soviet Union
refrains from undercutting the provisions of those
agreements, or until a new strategic offensive arms
agreement is concluded;
(3) the President should provide a report to the
Congress in both classified and unclassified forms
reflecting additional findings regarding Soviet
adherence to such a no-undercut policy, by February 15,
1985;
(4) the President shall provide to Congress on or
before June 1, 1985, a report that--
(A) describes the implications of the United
States Ship Alaska's sea trials, both with and
without the concurrent dismantling of older
launchers of missiles with multiple
independently targeted reentry vehicles with
multiple independently targeted reentry
vehicles, for the current United States no-
undercut policy and strategic arms and United
States security interests more generally;
(B) assesses possible Soviet political,
military, and negotiating responses to the
termination of the United States no-undercut
policy;
(C) reviews and assesses Soviet activities
with respect to existing strategic offensive
arms agreements; and
(D) makes recommendations regarding the
future of United States interim restraint
policy; and
(5) the President should carefully consider the
impact of any change to this current policy regarding
existing strategic offensive arms agreements on the
long-term security interests of the United States and
its allies and should consult with the Congress before
making any change in current policy.
policy on the status of certain treaties to prevent nuclear testing
Sec. 1111. (a) The Senate makes the following findings:
(1) The United States is committed in the Limited
Test Ban Treaty of 1963 and in the Non-Proliferation
Treaty of 1968 to seek to achieve the discontinuance of
all test explosions of nuclear weapons for all time.
(2) A comprehensive test ban treaty would promote the
security of the United States by constraining the
United States-Soviet nuclear arms competition and by
strengthening efforts to prevent the proliferation of
nuclear weapons.
(3) The Threshold Test Ban Treaty was signed in 1974
and the Peaceful Nuclear Explosions Treaty was signed
in 1976, and both have yet to be considered by the full
Senate for its advice and consent to ratification.
(4) The entry into force of the Peaceful Nuclear
Explosions Treaty and the Threshold Test Ban Treaty
will ensure full implementation of significant new
verification procedures and so make completion of a
comprehensive test ban treaty more probable.
(5) A comprehensive test ban treaty must be
adequately verifiable, and significant progress has
been made in methods for detection of underground
nuclear explosions by seismological and other means.
(6) At present, negotiations are not being pursued by
the United States and the Soviet Union toward
completion of a comprehensive test ban treaty.
(7) The past five administrations have supported the
achievement of a comprehensive test ban treaty.
(b) It is the sense of the Senate that at the earliest
possible date, the President should--
(1) request advice and consent of the Senate to
ratification (with a report containing any plans the
President may have to negotiate supplemental
verification procedures, or if the President believes
it necessary, any understanding or reservation on the
subject of verification which should be attached to the
treaty) of the Threshold Test Ban and Peaceful Nuclear
Explosions Treaties, signed in 1974 and 1976,
respectively; and
(2) propose to the Soviet Union the immediate
resumption of negotiations toward conclusion of a
verifiable comprehensive test ban treaty.
(c) In accordance with international law, the United States
shall have no obligation to comply with any bilateral arms
control agreement with the Soviet Union that the Soviet Union
is violating.
* * * * * * *
=======================================================================
G. WAR POWERS, COLLECTIVE SECURITY, AND RELATED MATERIAL
CONTENTS
Page
1. War Powers.................................................... 727
a. War Powers Resolution (Public Law 93-148)............... 727
b. National Emergencies.................................... 733
(1) National Emergencies Act, as amended (Public Law
94-412).......................................... 733
(2) Declaration of National Emergency by Reason of
Certain Terrorist Attacks (Proclamation 7463).... 738
(3) National Emergency Construction Authority
(Executive Order 13235).......................... 739
c. Authorization for Use of Military Force Against Iraq
Resolution of 2002 (Public Law 107-243)................ 740
d. Response to Terrorist Attacks of September 11, 2001..... 746
(1) Authorization for Use of Military Force in
Response to Terrorist Attacks of September 11,
2001 (Public Law 107-40)......................... 746
(2) Military Commissions Act of 2006 (Public Law 109-
366)............................................. 747
(3) Detention, Treatment, and Trial of Certain Non-
Citizens in the War Against Terrorism (Military
Order of November 13, 2001) (superseded)......... 759
(4) Trial of Alien Unlawful Enemy Combatants by
Military Commission (Executive Order 13425)...... 763
(5) Interpretation of the Geneva Conventions Common
Article 3 as Applied to a Program of Detention
and Interrogation Operated by the Central
Intelligence Agency (Executive Order 13440)...... 764
e. United States Policy Toward Haiti (Public Law 103-423).. 767
f. Authorization for Use of Military Force Against Iraq
(Public Law 102-1)..................................... 770
g. Authorization for Use of Military Force in Somalia
(Public Law 103-139) (partial text).................... 772
h. U.S. Armed Forces in Somalia (Public Law 103-160)
(partial text)......................................... 774
i. United States Military Forces in Lebanon................ 776
(1) Multinational Force in Lebanon Resolution (Public
Law 98-119)...................................... 776
(2) Agreement Between the United States and Lebanon
Regarding U.S. Participation in the Multinational
Force, Dated September 30, 1982.................. 780
2. American Servicemembers' Protection Act of 2002 (Public Law
107-206) (partial text)...................................... 783
3. Cuban Resolution (Public Law 87-733).......................... 795
4. Middle East Resolutions and Related Material.................. 796
a. Resolution to Promote Peace and Stability in the Middle
East (Public Law 85-7)................................. 796
b. Multinational Force and Observers Participation
Resolution (Public Law 97-132)......................... 798
c. Multinational Force and Observers Reports (Executive
Order 12361)........................................... 803
d. Implementing the United States Proposal for the Early-
Warning System in Sinai (Public Law 94-110)............ 804
5. Tonkin Gulf Resolution (Public Law 88-408) (repealed)......... 806
6. National Commitment (Senate Resolution 85, 91st Congress)..... 808
7. North Atlantic Alliance....................................... 809
a. NATO Freedom Consolidation Act of 2007 (Public Law 110-
17).................................................... 809
b. European Security Act of 1998 (Public Law 105-277)
(partial text)......................................... 816
c. NATO Enlargement Facilitation Act of 1996 (Public Law
104-208) (partial text)................................ 823
d. NATO Participation Act of 1994 (Public Law 103-447)
(partial text)......................................... 830
e. Reaffirming the United States Commitment to the North
Atlantic Alliance (Public Law 96-9).................... 835
f. Reaffirming the Unity of the North Atlantic Alliance
Commitment (Public Law 95-287)......................... 836
8. Taiwan Relations.............................................. 837
a. Taiwan Relations Act (Public Law 96-8).................. 837
b. Participation of Taiwan in the World Health Organization
(Public Law 108-235)................................... 847
c. American Institute in Taiwan Facilities Enhancement Act
(Public Law 106-212)................................... 850
d. Maintaining Unofficial Relations With the People of
Taiwan (Executive Order 13014)......................... 852
9. Panama Canal.................................................. 855
a. Panama Canal Act of 1979 (Public Law 96-70) (partial
text).................................................. 855
b. Panama Canal Commission Compensation Fund Act of 1988
(Public Law 100-705) (partial text).................... 918
c. Panama Canal--Report to Congress (Public Law 100-203)
(partial text)......................................... 921
d. Delegation of Panama Canal Functions (Executive Order
12215)................................................. 922
=======================================================================
1. War Powers
a. War Powers Resolution
Public Law 93-148 [H.J. Res. 542], 87 Stat. 555, passed over
President's veto November 7, 1973
JOINT RESOLUTION Concerning the war powers of Congress and the
President.
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled,
short title
Section 1. This joint resolution may be cited as the ``War
Powers Resolution''.
purpose and policy
Sec. 2.\1\ (a) It is the purpose of this joint resolution
to fulfill the intent of the framers of the Constitution of the
United States and insure that the collective judgment of both
the Congress and the President will apply to the introduction
of United States Armed Forces into hostilities, or into
situations where imminent involvement in hostilities is clearly
indicated by the circumstances, and to the continued use of
such forces in hostilities or in such situations.
---------------------------------------------------------------------------
\1\ 50 U.S.C. 1541. See Authorization for Use of Military Force
Against Iraq Resolution (Public Law 102-1; 105 Stat. 3; 50 U.S.C. 1541
note), page 767 of this volume. See also the congressional findings and
conditional authorization for use of U.S. military force in Somalia
(sec. 8151 of Public Law 103-139; 107 Stat. 1475; 50 U.S.C. 1541 note),
page 769 of this volume, and the sense of Congress and a statement of
congressional policy on U.S. armed forces in Somalia (sec. 1512 of
Public Law 103-160; 107 Stat. 1840; 50 U.S.C. 1541 note), page 771 of
this volume. See also the joint resolution regarding U.S. policy toward
Haiti (Public Law 103-423; 108 Stat. 4358; 50 U.S.C. 1541 note), page
764 of this volume, and a limitation on deployment of armed forces in
Haiti during fiscal year 2000 (sec. 1232 of Public Law 106-65; 113
Stat. 788; 50 U.S.C. 1541 note), page 764, note 1 of this volume. See
also Authorization for Use of Military Force Against Iraq Resolution of
2002 (Public Law 107-243; 116 Stat. 1498; 50 U.S.C. 1541 note), page
737 of this volume. See also Authorization for Use of Military Force
against those responsible for attacks launched against United States on
September 11, 2001 (Public Law 107-40; 115 Stat. 224; 50 U.S.C. 1541
note), page 743 of this volume.
---------------------------------------------------------------------------
(b) Under article I, section 8, of the Constitution, it is
specifically provided that the Congress shall have the power to
make all laws necessary and proper for carrying into execution,
not only its own powers but also all other powers vested by the
Constitution in the Government of the United States, or in any
department or officer thereof.
(c) The constitutional powers of the President as
Commander-in-Chief to introduce United States Armed Forces into
hostilities, or into situations where imminent involvement in
hostilities is clearly indicated by the circumstances, are
exercised only pursuant to (1) a declaration of war, (2)
specific statutory authorization, or (3) a national emergency
created by attack upon the United States, its territories or
possessions, or its armed forces.
consultation
Sec. 3.\2\ The President in every possible instance shall
consult with Congress before introducing United States Armed
Forces into hostilities or into situations where imminent
involvement in hostilities is clearly indicated by the
circumstances, and after every such introduction shall consult
regularly with the Congress until United States Armed Forces
are no longer engaged in hostilities or have been removed from
such situations.
---------------------------------------------------------------------------
\2\ 50 U.S.C. 1542.
---------------------------------------------------------------------------
reporting
Sec. 4.\3\ (a) In the absence of a declaration of war, in
any case in which United States Armed Forces are introduced--
---------------------------------------------------------------------------
\3\ 50 U.S.C. 1543.
---------------------------------------------------------------------------
(1) into hostilities or into situations where
imminent involvement in hostilities is clearly
indicated by the circumstances;
(2) into the territory, airspace or waters of a
foreign nation, while equipped for combat, except for
deployments which relate solely to supply, replacement,
repair, or training of such forces; or
(3) in numbers which substantially enlarge United
States Armed Forces equipped for combat already located
in a foreign nation;
the President shall submit within 48 hours to the Speaker of
the House of Representatives and to the President pro tempore
of the Senate a report, in writing, setting forth--
(A) the circumstances necessitating the introduction
of United States Armed Forces;
(B) the constitutional and legislative authority
under which such introduction took place; and
(C) the estimated scope and duration of the
hostilities or involvement.
(b) The President shall provide such other information as
the Congress may request in the fulfillment of its
constitutional responsibilities with respect to committing the
Nation to war and to the use of United States Armed Forces
abroad.
(c) Whenever United States Armed Forces are introduced into
hostilities or into any situation described in subsection (a)
of this section, the President shall, so long as such armed
forces continue to be engaged in such hostilities or situation,
report to the Congress periodically on the status of such
hostilities or situation as well as on the scope and duration
of such hostilities or situation, but in no event shall he
report to the Congress less often than once every six months.
congressional action \4\
Sec. 5.\5\ (a) Each report submitted pursuant to section
4(a)(1) shall be transmitted to the Speaker of the House of
Representatives and to the President pro tempore of the Senate
on the same calendar day. Each report so transmitted shall be
referred to the Committee on Foreign Affairs \6\ of the House
of Representatives and to the Committee on Foreign Relations of
the Senate for appropriate action. If, when the report is
transmitted, the Congress has adjourned sine die or has
adjourned for any period in excess of three calendar days, the
Speaker of the House of Representatives and the President pro
tempore of the Senate, if they deem it advisable (or if
petitioned by at least 30 percent of the membership of their
respective Houses) shall jointly request the President to
convene Congress in order that it may consider the report and
take appropriate action pursuant to this section.
---------------------------------------------------------------------------
\4\ Consider also sec. 1013 of the Department of State
Authorization Act, Fiscal Years 1984 and 1985 (Public Law 98-164; 97
Stat. 1062; 50 U.S.C. 1546a) which provides:
---------------------------------------------------------------------------
``expedited procedures for certain joint resolution and bills
---------------------------------------------------------------------------
``Sec. 1013. Any joint resolution or bill introduced in either
House which requires the removal of United States Armed Forces engaged
in hostilities outside the territory of the United States, its
possessions and territories, without a declaration of war or specific
statutory authorization shall be considered in accordance with the
procedures of section 601(b) of the International Security Assistance
and Arms Export Control Act of 1976, except that any such resolution or
bill shall be amendable. If such a joint resolution or bill should be
vetoed by the President, the time for debate in consideration of the
veto message on such measure shall be limited to twenty hours in the
Senate and in the House shall be determined in accordance with the
Rules of the House.''.
For text of sec. 601(b) of the International Security Assistance
and Arms Export Control Act of 1976, see Legislation on Foreign
Relations Through 2008, vol. I-A.
\5\ 50 U.S.C. 1544.
\6\ 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) Within sixty calendar days after a report is submitted
or is required to be submitted pursuant to section 4(a)(1),
whichever is earlier, the President shall terminate any use of
United States Armed Forces with respect to which such report
was submitted (or required to be submitted), unless the
Congress (1) has declared war or has enacted a specific
authorization for such use of United States Armed Forces, (2)
has extended by law such sixty-day period, or (3) is physically
unable to meet as a result of an armed attack upon the United
States. Such sixty-day period shall be extended for not more
than an additional thirty days if the President determines and
certifies to the Congress in writing that unavoidable military
necessity respecting the safety of United States Armed Forces
requires the continued use of such armed forces in the course
of bringing about a prompt removal of such forces.
(c) Notwithstanding subsection (b), at any time that United
States Armed Forces are engaged in hostilities outside the
territory of the United States, its possessions and territories
without a declaration of war or specific statutory
authorization, such forces shall be removed by the President if
the Congress so directs by concurrent resolution.
congressional priority procedures for joint resolution or bill \4\
Sec. 6.\7\ (a) Any joint resolution or bill introduced
pursuant to section 5(b) at least thirty calendar days before
the expiration of the sixty-day period specified in such
section, shall be referred to the Committee on Foreign Affairs
\6\ of the House of Representatives or the Committee on Foreign
Relations of the Senate, as the case may be, and such committee
shall report one such joint resolution or bill, together with
its recommendations, not later than twenty-four calendar days
before the expiration of the sixty-day period specified in such
section, unless such House shall otherwise determine by the
yeas and nays.
---------------------------------------------------------------------------
\7\ 50 U.S.C. 1545.
---------------------------------------------------------------------------
(b) Any joint resolution or bill so reported shall become
the pending business of the House in question (in the case of
the Senate the time for debate shall be equally divided between
the proponents and the opponents), and shall be voted on within
three calendar days thereafter, unless such House shall
otherwise determine by yeas and nays.
(c) Such a joint resolution or bill passed by one House
shall be referred to the committee of the other House named in
subsection (a) and shall be reported out not later than
fourteen calendar days before the expiration of the sixty-day
period specified in section 5(b). The joint resolution or bill
so reported shall become the pending business of the House in
question and shall be voted on within three calendar days after
it has been reported, unless such House shall otherwise
determine by yeas and nays.
(d) In the case of any disagreement between the two Houses
of Congress with respect to a joint resolution or bill passed
by both Houses, conferees shall be promptly appointed and the
committee of conference shall make and file a report with
respect to such resolution or bill not later than four calendar
days before the expiration of the sixty-day period specified in
section 5(b). In the event the conferees are unable to agree
within 48 hours, they shall report back to their respective
House in disagreement. Notwithstanding any rule in either House
concerning the printing of conference reports in the Record or
concerning any delay in the consideration of such reports, such
report shall be acted on by both Houses not later than the
expiration of such sixty-day period.
congressional priority procedures for concurrent resolution
Sec. 7.\8\ (a) Any concurrent resolution introduced
pursuant to section 5(c) shall be referred to the Committee on
Foreign Affairs \6\ of the House of Representatives or the
Committee on Foreign Relations of the Senate, as the case may
be, and one such concurrent resolution shall be reported out by
such committee together with its recommendations within fifteen
calendar days, unless such House shall otherwise determine by
the yeas and nays.
---------------------------------------------------------------------------
\8\ 50 U.S.C. 1546.
---------------------------------------------------------------------------
(b) Any concurrent resolution so reported shall become the
pending business of the House in question (in the case of the
Senate the time for debate shall be equally divided between the
proponents and the opponents) and shall be voted on within
three calendar days thereafter, unless such House shall
otherwise determine by yeas and nays.
(c) Such a concurrent resolution passed by one House shall
be referred to the committee of the other House named in
subsection (a) and shall be reported out by such committee
together with its recommendations within fifteen calendar days
and shall thereupon become the pending business of such House
and shall be voted upon within three calendar days, unless such
House shall otherwise determine by yeas and nays.
(d) In the case of any disagreement between the two Houses
of Congress with respect to a concurrent resolution passed by
both Houses, conferees shall be promptly appointed and the
committee of conference shall make and file a report with
respect to such concurrent resolution within six calendar days
after the legislation is referred to the committee of
conference. Notwithstanding any rule in either House concerning
the printing of conference reports in the Record or concerning
any delay in the consideration of such reports, such report
shall be acted on by both Houses not later than six calendar
days after the conference report is filed. In the event the
conferees are unable to agree within 48 hours, they shall
report back to their respective Houses in disagreement.
interpretation of joint resolution
Sec. 8.\9\ (a) Authority to introduce United States Armed
Forces into hostilities or into situations wherein involvement
in hostilities is clearly indicated by the circumstances shall
not be inferred--
---------------------------------------------------------------------------
\9\ 50 U.S.C. 1547.
---------------------------------------------------------------------------
(1) from any provision of law (whether or not in
effect before the date of the enactment of this joint
resolution), including any provision contained in any
appropriation Act, unless such provision specifically
authorizes the introduction of United States Armed
Forces into hostilities or into such situations and
states that it is intended to constitute specific
statutory authorization within the meaning of this
joint resolution; or
(2) from any treaty heretofore or hereafter ratified
unless such treaty is implemented by legislation
specifically authorizing the introduction of United
States Armed Forces into hostilities or into such
situations and stating that it is intended to
constitute specific statutory authorization within the
meaning of this joint resolution.
(b) Nothing in this joint resolution shall be construed to
require any further specific statutory authorization to permit
members of United States Armed Forces to participate jointly
with members of the armed forces of one or more foreign
countries in the headquarters operations of high-level military
commands which were established prior to the date of enactment
of this joint resolution and pursuant to the United Nations
Charter or any treaty ratified by the United States prior to
such date.
(c) For purposes of this joint resolution, the term
``introduction of United States Armed Forces'' includes the
assignment of members of such armed forces to command,
coordinate, participate in the movement of, or accompany the
regular or irregular military forces of any foreign country or
government when such military forces are engaged, or there
exists an imminent threat that such forces will become engaged,
in hostilities.
(d) Nothing in this joint resolution--
(1) is intended to alter the constitutional authority
of the Congress or of the President, or the provisions
of existing treaties; or
(2) shall be construed as granting any authority to
the President with respect to the introduction of
United States Armed Forces into hostilities or into
situations wherein involvement in hostilities is
clearly indicated by the circumstances which authority
he would not have had in the absence of this joint
resolution.
separability clause
Sec. 9.\10\ If any provision of this joint resolution or
the application thereof to any person or circumstances is held
invalid, the remainder of the joint resolution and the
application of such provision to any other person or
circumstance shall not be affected thereby.
---------------------------------------------------------------------------
\10\ 50 U.S.C. 1548.
---------------------------------------------------------------------------
effective date
Sec. 10. This joint resolution shall take effect on the
date of its enactment.
b. National Emergencies
(1) National Emergencies Act, as amended \1\
Public Law 94-412 [H.R. 3884], 90 Stat. 1255, approved September 14,
1976; as amended by Public Law 95-223 [International Emergency Economic
Powers Act; H.R. 7738], 91 Stat. 1625, approved December 28, 1977;
Public Law 96-513 [Defense Officer Personnel Management Act; S. 1918],
94 Stat. 2835, approved December 12, 1980; Public Law 99-93 [Foreign
Relations Authorization Act, Fiscal Years 1986 and 1987; H.R. 2068], 99
Stat. 448, approved August 16, 1985; Public Law 105-362 [Federal
Reports Elimination Act of 1998; S. 1364], 112 Stat. 3280, approved
November 10, 1998; and Public Law 107-314 [Bob Stump National Defense
Authorization Act for Fiscal Year 2003; H.R. 4546], 116 Stat. 2458,
approved December 2, 2002
---------------------------------------------------------------------------
\1\ See also Legislation on Foreign Relations Through 2005, vol.
III, sec. J, on International Economic Sanctions.
---------------------------------------------------------------------------
AN ACT To terminate certain authorities with respect to national
emergencies still in effect, and to provide for orderly implementation
and termination of future national emergencies.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act may be cited as the ``National Emergencies Act''.
TITLE I--TERMINATING EXISTING DECLARED EMERGENCIES
Sec. 101.\2\ (a) All powers and authorities possessed by
the President, any other officer or employee of the Federal
Government, or any executive agency, as defined in section 105
of title 5, United States Code, as a result of the existence of
this Act are terminated two years from the date of such
enactment. Such termination shall not affect--
---------------------------------------------------------------------------
\2\ 50 U.S.C. 1601.
---------------------------------------------------------------------------
(1) any action taken or proceeding pending not
finally concluded or determined on such date;
(2) any action or proceeding based on any act
committed prior to such date; or
(3) any rights or duties that matured or penalties
that were incurred prior to such date.
(b) For the purpose of this section, the words ``any
national emergency in effect'' means a general declaration of
emergency made by the President.
TITLE II--DECLARATIONS OF FUTURE NATIONAL EMERGENCIES
Sec. 201.\3\ (a) With respect to Acts of Congress
authorizing the exercise, during the period of a national
emergency, of any special or extraordinary power, the President
is authorized to declare such national emergency. Such
proclamation shall immediately be transmitted to the Congress
and published in the Federal Register.
---------------------------------------------------------------------------
\3\ 50 U.S.C. 1621.
---------------------------------------------------------------------------
(b) Any provisions of law conferring powers and authorities
to be exercised during a national emergency shall be effective
and remain in effect (1) only when the President (in accordance
with subsection (a) of this section), specifically declares a
national emergency, and (2) only in accordance with this Act.
No law enacted after the date of enactment of this Act shall
supersede this title unless it does so in specific terms,
referring to this title, and declaring that the new law
supersedes the provisions of this title.
Sec. 202.\4\ (a) Any national emergency declared by the
President in accordance with this title shall terminate if--
---------------------------------------------------------------------------
\4\ 50 U.S.C. 1622. Sec. 801 of the Foreign Relations Authorization
Act, Fiscal Years 1986 and 1987 (Public Law 99-93; 99 Stat. 448) added
references to a ``joint'' resolution instead of a ``concurrent''
resolution in this section.
---------------------------------------------------------------------------
(1) there is enacted into law a joint resolution
terminating the emergency; or
(2) the President issues a proclamation terminating
the emergency.
Any national emergency declared by the President shall be
terminated on the date specified in any joint resolution
referred to in clause (1) or on the date specified in a
proclamation by the President terminating the emergency as
provided in clause (2) of this subsection, whichever date is
earlier, and any powers or authorities exercised by reason of
said emergency shall cease to be exercised after such specified
date, except that such termination shall not affect--
(A) any action taken or proceeding pending not
finally concluded or determined on such date;
(B) any action or proceeding based on any act
committed prior to such date; or
(C) any rights or duties that matured or penalties
that were incurred prior to such date.
(b) Not later than six months after a national emergency is
declared, and not later than the end of each six-month period
thereafter that such emergency continues, each House of
Congress shall meet to consider a vote on a joint resolution to
determine whether that emergency shall be terminated.
(c)(1) A joint resolution to terminate a national emergency
declared by the President shall be referred to the appropriate
committee of the House of Representatives or the Senate, as the
case may be. One such joint resolution shall be reported out by
such committee together with its recommendations within fifteen
calendar days after the day on which such resolution is
referred to such committee, unless such House shall otherwise
determine by the yeas and nays.
(2) Any joint resolution so reported shall become the
pending business of the House in question (in the case of the
Senate the time for debate shall be equally divided between the
proponents and the opponents) and shall be voted on within
three calendar days after the day on which such resolution is
reported, unless such House shall otherwise determine by yeas
and nays.
(3) Such a joint resolution passed by one House shall be
referred to the appropriate committee of the other House and
shall be reported out by such committee together with its
recommendations within fifteen calendar days after the day on
which such resolution is referred to such committee and shall
thereupon become the pending business of such House and shall
be voted upon within three calendar days after the day on which
such resolution is reported, unless such House shall otherwise
determine by yeas and nays.
(4) In the case of any disagreement between the two Houses
of Congress with respect to a joint resolution passed by both
Houses, conferees shall be promptly appointed and the committee
of conference shall make and file a report with respect to such
joint resolution within six calendar days after the day on
which managers on the part of the Senate and the House have
been appointed. Notwithstanding any rule in either House
concerning the printing of conference reports or concerning any
delay in the consideration of such reports, such report shall
be acted on by both Houses not later than six calendar days
after the conference report is filed in the House in which such
report is filed first. In the event the conferees are unable to
agree within forty-eight hours, they shall report back to their
respective houses in disagreement.
(5) Paragraphs (1)-(4) of this subsection, subsection (b)
of this section, and section 502(b) of this Act are enacted by
Congress--
(A) as an exercise of the rulemaking power of the
Senate and the House of Representatives, respectively,
and as such they are deemed a part of the rules of each
House, respectively, but applicable only with respect
to the procedure to be followed in the House in the
case of resolutions described by this subsection; and
they supersede other rules only to the extent that they
are inconsistent therewith; with
(B) with full recognition of the constitutional right
of either House to change the rules (so far as relating
to the procedure of that House) at any time, in the
same manner, and to the same extent as in the case of
any other rule of that House.
(d) Any national emergency declared by the President in
accordance with this title, and not otherwise previously
terminated, shall terminate on the anniversary of the
declaration of that emergency if, within the ninety-day period
prior to each anniversary date, the President does not publish
in the Federal Register and transmit to the Congress a notice
stating that such emergency is to continue in effect after such
anniversary.
TITLE III--EXERCISE OF EMERGENCY POWERS AND AUTHORITIES
Sec. 301.\5\ When the President declares a national
emergency, no powers or authorities made available by statute
for use in the event of an emergency shall be exercised unless
and until the President specifies the provisions of law under
which he proposes that he, or other officers will act. Such
specification may be made either in the declaration of a
national emergency, or by one or more contemporaneous or
subsequent Executive orders published in the Federal Register
and transmitted to the Congress.
---------------------------------------------------------------------------
\5\ 50 U.S.C. 1631.
---------------------------------------------------------------------------
TITLE IV--ACCOUNTABILITY AND REPORTING REQUIREMENTS OF THE PRESIDENT
Sec. 401.\6\ (a) When the President declares a national
emergency, or Congress declares war, the President shall be
responsible for maintaining a file and index of all significant
orders of the President, including Executive orders and
proclamations, and each Executive agency shall maintain a file
and index of all rules and regulations, issued during such
emergency or war issued pursuant to such declarations.
---------------------------------------------------------------------------
\6\ 50 U.S.C. 1641.
---------------------------------------------------------------------------
(b) All such significant orders of the President, including
Executive orders, and such rules and regulations shall be
transmitted to the Congress promptly under means to assure
confidentiality where appropriate.
(c) When the President declares a national emergency or
Congress declares war, the President shall transmit to
Congress, within ninety days after the end of each six-month
period after such declarations, a report on the total
expenditures incurred by the United States Government during
such six-month period which are directly attributable to the
exercise of powers and authorities conferred by such
declaration. Not later than ninety days after the termination
of each such emergency or war, the President shall transmit a
final report on all such expenditures.
TITLE V--REPEAL AND CONTINUATION OF CERTAIN EMERGENCY POWER AND OTHER
STATUTES
Sec. 501. (a) Section 349(a) of the Immigration and
Nationality Act (8 U.S.C. 148(a)) is amended--
(1) at the end of paragraph (9), by striking out ``;
or'' and inserting in lieu thereof a period; and
(2) by striking out paragraph (10).
(b) Section 2667(b) of title 10 of the United States Code
is amended--
(1) by inserting ``and'' at the end of paragraph (3);
(2) by striking out paragraph (4); and
(3) by redesignating paragraph (5) and (4).
(c) The joint resolution entitled ``Joint resolution to
authorize the temporary continuation of regulation of consumer
credit'', approved August 8, 1947 (12 U.S.C. 249), is repealed.
(d) Section 5(m) of the Tennessee Valley Authority Act of
1933 as amended (16 U.S.C. 831d(m)) is repealed.
(e) Section 1383 of title 18, United States Code, is
repealed.
(f) Section 6 of the Act entitled ``An Act to amend the
Public Health Service Act is regard to certain matters of
personnel and administration, and for other purposes'',
approved February 28, 1948, is amended by striking out
subsections (b), (c), (d), (e), and (f) (42 U.S.C. 211b).
(g) Section 9 of the Merchant Ship Sales Act of 1946 (50
U.S.C. App. 1742) is repealed.
(h) This section shall not affect--
(1) any action taken or proceeding pending not
finally concluded or determined at the time of repeal;
(2) any action or proceeding based on any act
committed prior to repeal; or
(3) any rights or duties that matured or penalties
that were incurred prior to repeal;
Sec. 502.\7\ (a) The provisions of this Act shall not apply
to the following provisions of law, the powers and authorities
conferred thereby, and actions taken thereunder:
---------------------------------------------------------------------------
\7\ 50 U.S.C. 1651.
---------------------------------------------------------------------------
(1) Act of June 30, 1949 (41 U.S.C. 252); \8\
---------------------------------------------------------------------------
\8\ Sec. 101(d) of Public Law 95-223 (91 Stat. 1625) repealed the
original para. (1), which listed sec. 5(b) of the Trading With the
Enemy Act. Sec. 1062(o)(1) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat.
2652) struck out the original para. (2), which listed an ``Act of April
28, 1942 (40 U.S.C. 278b)''. Sec. 1062(o)(1) then redesignated the
remaining paras. (3) through (7) as paras. (1) through (5).
---------------------------------------------------------------------------
(2) \8\ Section 3477 of the Revised Statutes, as
amended (31 U.S.C. 203);
(3) \8\ Section 3737 of the Revised Statutes, as
amended (41 U.S.C. 15);
(4) \8\ Public Law 85-804 (Act of Aug. 28, 1958, 72
Stat. 972; 50 U.S.C. 1431 et seq.); \9\
---------------------------------------------------------------------------
\9\ Sec. 901(r)(2) of Public Law 105-362 (112 Stat. 3291) struck
out ``1431-1435'' and inserted in lieu thereof ``1431 et seq.''.
---------------------------------------------------------------------------
(5) \8\ Section 2304(a)(1) of title 10, United States
Code; \10\
---------------------------------------------------------------------------
\10\ Sec. 507(b) of the Defense Officer Personnel Management Act
(Public Law 96-513; 94 Stat. 2919) struck out para. (8) from sec.
502(a), which had listed secs. 3313, 6386(c), and 8313 of 10 U.S.C.
Sec. 502(a) originally included eight paragraphs.
---------------------------------------------------------------------------
(b) Each committee of the House of Representatives and the
Senate having jurisdiction with respect to any provision of law
referred to in subsection (a) of this section shall make a
complete study and investigation concerning that provision of
law and make a report, including any recommendations and
proposed revisions such committee may have, to its respective
House of Congress within two hundred and seventy days after the
date of enactment of this Act.
(2) Declaration of National Emergency by Reason of Certain Terrorist
Attacks \1\
Proclamation 7463 of September 14, 2001, 66 F.R. 48199, 50 U.S.C. 1621
note
By the President of the United States of America
---------------------------------------------------------------------------
\1\ The President continued this national emergency in a Notice of
September 12, 2002 (67 F.R. 58317; September 13, 2002); a Notice of
September 10, 2003 (68 F.R. 53665; September 12, 2003); a Notice of
September 10, 2004 (69 F.R. 55313; September 13, 2004); a Notice of
September 8, 2005 (70 F.R. 54229; September 13, 2005); a Notice of
September 5, 2006 (71 F.R. 52733; September 7, 2006); a Notice of
September 12, 2007 (72 F.R. 52465; September 13, 2007); and a Notice of
August 28, 2008 (73 F.R. 51211; September 2, 2008).
---------------------------------------------------------------------------
A Proclamation
A national emergency exists by reason of the terrorist
attacks at the World Trade Center, New York, New York, and the
Pentagon, and the continuing and immediate threat of further
attacks on the United States.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United
States of America, by virtue of the authority vested in me as
President by the Constitution and the laws of the United
States, I hereby declare that the national emergency has
existed since September 11, 2001, and, pursuant to the National
Emergencies Act (50 U.S.C. 1601 et seq.), I intend to utilize
the following statutes: sections 123, 123a, 527, 2201(c),
12006, and 12302 of title 10, United States Code, and sections
331, 359, and 367 of title 14, United States Code.
This proclamation immediately shall be published in the
Federal Register or disseminated through the Emergency Federal
Register, and transmitted to the Congress.
This proclamation is not intended to create any right or
benefit, substantive or procedural, enforceable at law by a
party against the United States, its agencies, its officers, or
any person.
IN WITNESS WHEREOF, I have hereunto set my hand this
fourteenth day of September, in the year of our Lord two
thousand one, and of the Independence of the United States of
America the two hundred and twenty-sixth.
(3) National Emergency Construction Authority
Executive Order 13235, 66 F.R. 58343, 10 U.S.C. 2808 note
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the National Emergencies Act (50 U.S.C. 1601 et
seq.), and section 301 of title 3, United States Code, I
declared a national emergency that requires the use of the
Armed Forces of the United States, by Proclamation 7463 of
September 14, 2001, because of the terrorist attacks on the
World Trade Center and the Pentagon, and because of the
continuing and immediate threat to the national security of the
United States of further terrorist attacks. To provide
additional authority to the Department of Defense to respond to
that threat, and in accordance with section 301 of the National
Emergencies Act (50 U.S.C. 1631), I hereby order that the
emergency construction authority at 10 U.S.C. 2808 is invoked
and made available in accordance with its terms to the
Secretary of Defense and, at the discretion of the Secretary of
Defense, to the Secretaries of the military departments.
c. Authorization for Use of Military Force Against Iraq Resolution of
2002 \1\
Public Law 107-243 [H.J. Res. 114], 116 Stat. 1498, approved October
16, 2002
JOINT RESOLUTION To authorize the use of United States Armed Forces
against Iraq.
Whereas in 1990 in response to Iraq's war of aggression against
and illegal occupation of Kuwait, the United States forged
a coalition of nations to liberate Kuwait and its people in
order to defend the national security of the United States
and enforce United Nations Security Council resolutions
relating to Iraq;
---------------------------------------------------------------------------
\1\ 50 U.S.C. 1541 note.
---------------------------------------------------------------------------
Whereas after the liberation of Kuwait in 1991, Iraq entered
into a United Nations sponsored cease-fire agreement
pursuant to which Iraq unequivocally agreed, among other
things, to eliminate its nuclear, biological, and chemical
weapons programs and the means to deliver and develop them,
and to end its support for international terrorism;
Whereas the efforts of international weapons inspectors, United
States intelligence agencies, and Iraqi defectors led to
the discovery that Iraq had large stockpiles of chemical
weapons and a large scale biological weapons program, and
that Iraq had an advanced nuclear weapons development
program that was much closer to producing a nuclear weapon
than intelligence reporting had previously indicated;
Whereas Iraq, in direct and flagrant violation of the cease-
fire, attempted to thwart the efforts of weapons inspectors
to identify and destroy Iraq's weapons of mass destruction
stockpiles and development capabilities, which finally
resulted in the withdrawal of inspectors from Iraq on
October 31, 1998;
Whereas in Public Law 105-235 (August 14, 1998), Congress
concluded that Iraq's continuing weapons of mass
destruction programs threatened vital United States
interests and international peace and security, declared
Iraq to be in ``material and unacceptable breach of its
international obligations'' and urged the President ``to
take appropriate action, in accordance with the
Constitution and relevant laws of the United States, to
bring Iraq into compliance with its international
obligations'';
Whereas Iraq both poses a continuing threat to the national
security of the United States and international peace and
security in the Persian Gulf region and remains in material
and unacceptable breach of its international obligations
by, among other things, continuing to possess and develop a
significant chemical and biological weapons capability,
actively seeking a nuclear weapons capability, and
supporting and harboring terrorist organizations;
Whereas Iraq persists in violating resolution of the United
Nations Security Council by continuing to engage in brutal
repression of its civilian population thereby threatening
international peace and security in the region, by refusing
to release, repatriate, or account for non-Iraqi citizens
wrongfully detained by Iraq, including an American
serviceman, and by failing to return property wrongfully
seized by Iraq from Kuwait;
Whereas the current Iraqi regime has demonstrated its
capability and willingness to use weapons of mass
destruction against other nations and its own people;
Whereas the current Iraqi regime has demonstrated its
continuing hostility toward, and willingness to attack, the
United States, including by attempting in 1993 to
assassinate former President Bush and by firing on many
thousands of occasions on United States and Coalition Armed
Forces engaged in enforcing the resolutions of the United
Nations Security Council;
Whereas members of al Qaida, an organization bearing
responsibility for attacks on the United States, its
citizens, and interests, including the attacks that
occurred on September 11, 2001, are known to be in Iraq;
Whereas Iraq continues to aid and harbor other international
terrorist organizations, including organizations that
threaten the lives and safety of United States citizens;
Whereas the attacks on the United States of September 11, 2001,
underscored the gravity of the threat posed by the
acquisition of weapons of mass destruction by international
terrorist organizations;
Whereas Iraq's demonstrated capability and willingness to use
weapons of mass destruction, the risk that the current
Iraqi regime will either employ those weapons to launch a
surprise attack against the United States or its Armed
Forces or provide them to international terrorists who
would do so, and the extreme magnitude of harm that would
result to the United States and its citizens from such an
attack, combine to justify action by the United States to
defend itself;
Whereas United Nations Security Council Resolution 678 (1990)
authorizes the use of all necessary means to enforce United
Nations Security Council Resolution 660 (1990) and
subsequent relevant resolutions and to compel Iraq to cease
certain activities that threaten international peace and
security, including the development of weapons of mass
destruction and refusal or obstruction of United Nations
weapons inspections in violation of United Nations Security
Council Resolution 687 (1991), repression of its civilian
population in violation of United Nations Security Council
Resolution 688 (1991), and threatening its neighbors or
United Nations operations in Iraq in violation of United
Nations Security Council Resolution 949 (1994);
Whereas in the Authorization for Use of Military Force Against
Iraq Resolution (Public Law 102-1), Congress has authorized
the President ``to use United States Armed Forces pursuant
to United Nations Security Council Resolution 678 (1990) in
order to achieve implementation of Security Council
Resolution 660, 661, 662, 664, 665, 666, 667, 669, 670,
674, and 677'';
Whereas in December 1991, Congress expressed its sense that it
``supports the use of all necessary means to achieve the
goals of United Nations Security Council Resolution 687 as
being consistent with the Authorization of Use of Military
Force Against Iraq Resolution (Public Law 102-1),'' that
Iraq's repression of its civilian population violates
United Nations Security Council Resolution 688 and
``constitutes a continuing threat to the peace, security,
and stability of the Persian Gulf region,'' and that
Congress, ``supports the use of all necessary means to
achieve the goals of United Nations Security Council
Resolution 688'';
Whereas the Iraq Liberation Act of 1998 (Public Law 105-338)
expressed the sense of Congress that it should be the
policy of the United States to support efforts to remove
from power the current Iraqi regime and promote the
emergence of a democratic government to replace that
regime;
Whereas on September 12, 2002, President Bush committed the
United States to ``work with the United Nations Security
Council to meet our common challenge'' posed by Iraq and to
``work for the necessary resolutions,'' while also making
clear that ``the Security Council resolutions will be
enforced, and the just demands of peace and security will
be met, or action will be unavoidable'';
Whereas the United States is determined to prosecute the war on
terrorism and Iraq's ongoing support for international
terrorist groups combined with its development of weapons
of mass destruction in direct violation of its obligations
under the 1991 cease-fire and other United Nations Security
Council resolutions make clear that it is in the national
security interests of the United States and in furtherance
of the war on terrorism that all relevant United Nations
Security Council resolutions be enforced, including through
the use of force if necessary;
Whereas Congress has taken steps to pursue vigorously the war
on terrorism through the provision of authorities and
funding requested by the President to take the necessary
actions against international terrorists and terrorist
organizations, including those nations, organizations, or
persons who planned, authorized, committed, or aided the
terrorist attacks that occurred on September 11, 2001, or
harbored such persons or organizations;
Whereas the President and Congress are determined to continue
to take all appropriate actions against international
terrorists and terrorist organizations, including those
nations, organizations, or persons who planned, authorized,
committed, or aided the terrorist attacks that occurred on
September 11, 2001, or harbored such persons or
organizations;
Whereas the President has authority under the Constitution to
take action in order to deter and prevent acts of
international terrorism against the United States, as
Congress recognized in the joint resolution on
Authorization for Use of Military Force (Public Law 107-
40); and
Whereas it is in the national security interests of the United
States to restore international peace and security to the
Persian Gulf region: Now, therefore, be it
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This joint resolution may be cited as the ``Authorization
for Use of Military Force Against Iraq Resolution of 2002''.
SEC. 2. SUPPORT FOR UNITED STATES DIPLOMATIC EFFORTS.
The Congress of the United States supports the efforts by
the President to--
(1) strictly enforce through the United Nations
Security Council all relevant Security Council
resolutions regarding Iraq and encourages him in those
efforts; and
(2) obtain prompt and decisive action by the Security
Council to ensure that Iraq abandons its strategy of
delay, evasion and noncompliance and promptly and
strictly complies with all relevant Security Council
resolutions regarding Iraq.
SEC. 3. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.
(a) Authorization.--The President is authorized to use the
Armed Forces of the United States as he determines to be
necessary and appropriate in order to--
(1) defend the national security of the United States
against the continuing threat posed by Iraq; and
(2) enforce all relevant United Nations Security
Council resolutions regarding Iraq.
(b) Presidential Determination.--In connection with the
exercise of the authority granted in subsection (a) to use
force the President shall, prior to such exercise or as soon
thereafter as may be feasible, but no later than 48 hours after
exercising such authority, make available to the Speaker of the
House of Representatives and the President pro tempore of the
Senate his determination that--
(1) reliance by the United States on further
diplomatic or other peaceful means alone either (A)
will not adequately protect the national security of
the United States against the continuing threat posed
by Iraq or (B) is not likely to lead to enforcement of
all relevant United Nations Security Council
resolutions regarding Iraq; and
(2) acting pursuant to this joint resolution is
consistent with the United States and other countries
continuing to take the necessary actions against
international terrorist and terrorist organizations,
including those nations, organizations, or persons who
planned, authorized, committed or aided the terrorist
attacks that occurred on September 11, 2001.
(c) War Powers Resolution Requirements.--
(1) Specific statutory authorization.--Consistent
with section 8(a)(1) of the War Powers Resolution, the
Congress declares that this section is intended to
constitute specific statutory authorization within the
meaning of section 5(b) of the War Powers Resolution.
(2) Applicability of other requirements.--Nothing in
this joint resolution supersedes any requirement of the
War Powers Resolution.
SEC. 4. REPORTS TO CONGRESS.\2\
(a) Reports.--The President \3\ shall, at least once every
60 days, submit to the Congress a report on matters relevant to
this joint resolution, including actions taken pursuant to the
exercise of authority granted in section 3 and the status of
planning for efforts that are expected to be required after
such actions are completed, including those actions described
in section 7 of the Iraq Liberation Act of 1998 (Public Law
105-338).
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\2\ The United States Policy in Iraq Act (sec. 1227 of the National
Defense Authorization Act for Fiscal Year 2006; Public Law 109-163; 119
Stat. 3465; 50 U.S.C. 1541 note) also requires the President to report
to Congress on operations in Iraq. Sec. 1227(c) of that Act provides as
follows:
``(c) Reports to Congress on United States Policy and Military
Operation in Iraq.--Not later than 90 days after the date of the
enactment of this Act, and every three months thereafter until all
United States combat brigades have redeployed from Iraq, the President
shall submit to Congress a report on United States policy and military
operations in Iraq. To the maximum extent practicable, the report
required in (c) shall be unclassified, with a classified annex if
necessary. Each report shall include to the extent practical, the
following information:
---------------------------------------------------------------------------
``(1) The current military mission and the diplomatic, political,
economic, and military measures that are being or have been undertaken to
successfully complete or support that mission, including:
``(A) Efforts to convince Iraq's main communities to make the compromises
necessary for a broad-based and sustainable political settlement.
``(B) Engaging the international community and the region in efforts to
stabilize Iraq and to forge a broadbased and sustainable political
settlement.
``(C) Strengthening the capacity of Iraq's government ministries.
``(D) Accelerating the delivery of basic services.
``(E) Securing the delivery of pledged economic assistance from the
international community and additional pledges of assistance.
``(F) Training Iraqi security forces and transferring additional security
responsibilities to those forces and the government of Iraq.
``(2) Whether the Iraqis have made the compromises necessary to achieve
the broad-based and sustainable political settlement that is essential for
defeating the insurgency in Iraq.
``(3) Any specific conditions included in the April 2005 Multi-National
Forces-Iraq campaign action plan (referred to in United States Government
Accountability Office October 2005 report on Rebuilding Iraq: DOD Reports
Should Link Economic, Governance, and Security Indicators to Conditions for
Stabilizing Iraq), and any subsequent updates to that campaign plan, that
must be met in order to provide for the transition of additional security
responsibility to Iraqi security forces.
``(4) To the extent that these conditions are not covered under paragraph
(3), the following should also be addressed:
``(A) The number of battalions of the Iraqi Armed Forces that must be
able to operate independently or to take the lead in counterinsurgency
operations and the defense of Iraq's territory.
``(B) The number of Iraqi special police units that must be able to
operate independently or to take the lead in maintaining law and order and
fighting the insurgency.
``(C) The number of regular police that must be trained and equipped to
maintain law and order.
``(D) The ability of Iraq's Federal ministries and provincial and local
governments to independently sustain, direct, and coordinate Iraq's
security forces.
``(5) The criteria to be used to evaluate progress toward meeting such
conditions.
``(6) A plan for meeting such conditions, an assessment of the extent to
which such conditions have been met, information regarding variables that
could alter that plan, and the reasons for any subsequent changes to that
plan.''.
---------------------------------------------------------------------------
In a memorandum of April 6, 2006 (71 F.R. 19427; April 14, 2006; 50
U.S.C. 1541 note), the President delegated the reporting obligation in
sec. 1227(c) to the Secretary of State.
\3\ In a memorandum of July 2, 2004 (69 F.R. 43723; July 21, 2004;
50 U.S.C. 1541 note), the President delegated the reporting obligation
in sec. 4 to the Secretary of State.
---------------------------------------------------------------------------
(b) Single Consolidated Report.--To the extent that the
submission of any report described in subsection (a) coincides
with the submission of any other report on matters relevant to
this joint resolution otherwise required to be submitted to
Congress pursuant to the reporting requirements of the War
Powers Resolution (Public Law 93-148), all such reports may be
submitted as a single consolidated report to the Congress.(c)
Rule of Construction.--To the extent that the information
required by section 3 of the Authorization for Use of Military
Force Against Iraq Resolution (Public Law 102-1) is included in
the report required by this section, such report shall be
considered as meeting the requirements of section 3 of such
resolution.
d. Response to Terrorist Attacks of September 11, 2001
(1) Authorization for Use of Military Force in Response to Terrorist
Attacks of September 11, 2001 \1\
Public Law 107-40 [S.J. Res. 23], 115 Stat. 224, approved September 18,
2001
JOINT RESOLUTION To authorize the use of United States Armed Forces
against those responsible for the recent attacks launched against the
United States.
Whereas, on September 11, 2001, acts of treacherous violence
were committed against the United States and its citizens;
and Whereas, such acts render it both necessary and
appropriate that the United States exercise its rights to
self-defense and to protect United States citizens both at
home and abroad; and
---------------------------------------------------------------------------
\1\ 50 U.S.C. 1541 note.
---------------------------------------------------------------------------
Whereas, in light of the threat to the national security and
foreign policy of the United States posed by these grave
acts of violence; and
Whereas, such acts continue to pose an unusual and
extraordinary threat to the national security and foreign
policy of the United States; and
Whereas, the President has authority under the Constitution to
take action to deter and prevent acts of international
terrorism against the United States: Now, therefore, be it
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This joint resolution may be cited as the ``Authorization
for Use of Military Force''.
SEC. 2. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.
(a) In General.--That the President is authorized to use
all necessary and appropriate force against those nations,
organizations, or persons he determines planned, authorized,
committed, or aided the terrorist attacks that occurred on
September 11, 2001, or harbored such organizations or persons,
in order to prevent any future acts of international terrorism
against the United States by such nations, organizations or
persons.
(b) War Powers Resolution Requirements.--
(1) Specific statutory authorization.--Consistent
with section 8(a)(1) of the War Powers Resolution, the
Congress declares that this section is intended to
constitute specific statutory authorization within the
meaning of section 5(b) of the War Powers Resolution.
(2) Applicability of other requirements.--Nothing in
this resolution supercedes any requirement of the War
Powers Resolution.
(2) Military Commissions Act of 2006
Public Law 109-366 [S. 3930], 120 Stat. 2600, approved October 17, 2006
AN ACT To authorize trial by military commission for violations of the
law of war, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Military
Commissions Act of 2006''.
---------------------------------------------------------------------------
\1\ 10 U.S.C. 948a note.
---------------------------------------------------------------------------
(b) * * *
SEC. 2.\1\ CONSTRUCTION OF PRESIDENTIAL AUTHORITY TO ESTABLISH MILITARY
COMMISSIONS.
The authority to establish military commissions under
chapter 47A of title 10, United States Code, as added by
section 3(a), may not be construed to alter or limit the
authority of the President under the Constitution of the United
States and laws of the United States to establish military
commissions for areas declared to be under martial law or in
occupied territories should circumstances so require.
SEC. 3. MILITARY COMMISSIONS.
(a) Military Commissions.--
(1) In general.--Subtitle A of title 10, United
States Code, is amended by inserting after chapter 47
the following new chapter:
``CHAPTER 47A--MILITARY COMMISSIONS
* * * * * * *
``SUBCHAPTER I--GENERAL PROVISIONS
* * * * * * *
``Sec. 948a. Definitions
``In this chapter:
``(1) Unlawful enemy combatant.--(A) The term
`unlawful enemy combatant' means--
``(i) a person who has engaged in hostilities
or who has purposefully and materially
supported hostilities against the United States
or its co-belligerents who is not a lawful
enemy combatant (including a person who is part
of the Taliban, al Qaeda, or associated
forces); or
``(ii) a person who, before, on, or after the
date of the enactment of the Military
Commissions Act of 2006, has been determined to
be an unlawful enemy combatant by a Combatant
Status Review Tribunal or another competent
tribunal established under the authority of the
President or the Secretary of Defense.
``(B) Co-belligerent.--In this paragraph, the term
`cobelligerent', with respect to the United States,
means any State or armed force joining and directly
engaged with the United States in hostilities or
directly supporting hostilities against a common enemy.
``(2) Lawful enemy combatant.--The term `lawful enemy
combatant' means a person who is--
``(A) a member of the regular forces of a
State party engaged in hostilities against the
United States;
``(B) a member of a militia, volunteer corps,
or organized resistance movement belonging to a
State party engaged in such hostilities, which
are under responsible command, wear a fixed
distinctive sign recognizable at a distance,
carry their arms openly, and abide by the law
of war; or
``(C) a member of a regular armed force who
professes allegiance to a government engaged in
such hostilities, but not recognized by the
United States.
``(3) Alien.--The term `alien' means a person who is
not a citizen of the United States.
``(4) Classified information.--The term `classified
information' means the following:
``(A) Any information or material that has
been determined by the United States Government
pursuant to statute, Executive order, or
regulation to require protection against
unauthorized disclosure for reasons of national
security.
``(B) Any restricted data, as that term is
defined in section 11 y. of the Atomic Energy
Act of 1954 (42 U.S.C. 2014(y)).
``(5) Geneva conventions.--The term `Geneva
Conventions' means the international conventions signed
at Geneva on August 12, 1949.
``Sec. 948b. Military commissions generally
``(a) Purpose.--This chapter establishes procedures
governing the use of military commissions to try alien unlawful
enemy combatants engaged in hostilities against the United
States for violations of the law of war and other offenses
triable by military commission.
``(b) Authority for Military Commissions Under This
Chapter.--The President is authorized to establish military
commissions under this chapter for offenses triable by military
commission as provided in this chapter.
``(c) Construction of Provisions.--The procedures for
military commissions set forth in this chapter are based upon
the procedures for trial by general courts-martial under
chapter 47 of this title (the Uniform Code of Military
Justice). Chapter 47 of this title does not, by its terms,
apply to trial by military commission except as specifically
provided in this chapter. The judicial construction and
application of that chapter are not binding on military
commissions established under this chapter.
``(d) Inapplicability of Certain Provisions.--(1) The
following provisions of this title shall not apply to trial by
military commission under this chapter:
``(A) Section 810 (article 10 of the Uniform Code of
Military Justice), relating to speedy trial, including
any rule of courts-martial relating to speedy trial.
``(B) Sections 831(a), (b), and (d) (articles 31(a),
(b), and (d) of the Uniform Code of Military Justice),
relating to compulsory self-incrimination.
``(C) Section 832 (article 32 of the Uniform Code of
Military Justice), relating to pretrial investigation.
``(2) Other provisions of chapter 47 of this title shall
apply to trial by military commission under this chapter only
to the extent provided by this chapter.
``(e) Treatment of Rulings and Precedents.--The findings,
holdings, interpretations, and other precedents of military
commissions under this chapter may not be introduced or
considered in any hearing, trial, or other proceeding of a
court-martial convened under chapter 47 of this title. The
findings, holdings, interpretations, and other precedents of
military commissions under this chapter may not form the basis
of any holding, decision, or other determination of a court-
martial convened under that chapter.
``(f) Status of Commissions Under Common Article 3.--A
military commission established under this chapter is a
regularly constituted court, affording all the necessary
`judicial guarantees which are recognized as indispensable by
civilized peoples' for purposes of common Article 3 of the
Geneva Conventions.
``(g) Geneva Conventions Not Establishing Source of
Rights.--No alien unlawful enemy combatant subject to trial by
military commission under this chapter may invoke the Geneva
Conventions as a source of rights.
``Sec. 948c. Persons subject to military commissions
``Any alien unlawful enemy combatant is subject to trial by
military commission under this chapter.
``Sec. 948d. Jurisdiction of military commissions
``(a) Jurisdiction.--A military commission under this
chapter shall have jurisdiction to try any offense made
punishable by this chapter or the law of war when committed by
an alien unlawful enemy combatant before, on, or after
September 11, 2001.
``(b) Lawful Enemy Combatants.--Military commissions under
this chapter shall not have jurisdiction over lawful enemy
combatants. Lawful enemy combatants who violate the law of war
are subject to chapter 47 of this title. Courts-martial
established under that chapter shall have jurisdiction to try a
lawful enemy combatant for any offense made punishable under
this chapter.
``(c) Determination of Unlawful Enemy Combatant Status
Dispositive.--A finding, whether before, on, or after the date
of the enactment of the Military Commissions Act of 2006, by a
Combatant Status Review Tribunal or another competent tribunal
established under the authority of the President or the
Secretary of Defense that a person is an unlawful enemy
combatant is dispositive for purposes of jurisdiction for trial
by military commission under this chapter.
``(d) Punishments.--A military commission under this
chapter may, under such limitations as the Secretary of Defense
may prescribe, adjudge any punishment not forbidden by this
chapter, including the penalty of death when authorized under
this chapter or the law of war.
``Sec. 948e. Annual report to congressional committees
``(a) Annual Report Required.--Not later than December 31
each year, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on any trials conducted by military
commissions under this chapter during such year.
``(b) Form.--Each report under this section shall be
submitted in unclassified form, but may include a classified
annex.
Sec. 3 of this Act also added Subchapters II through
VI to the new Chapter 47A of Title 10. Subchapter II
(10 U.S.C. 948h-948m) deals with the composition of
military tribunals; Subchapter III (10 U.S.C. 948q-
948s) with pre-trial procedure; Subchapter IV (10
U.S.C. 949a-949o) with trial procedure; Subchapter V
(10 U.S.C. 949s-949u) with sentences; and Subchapter VI
(10 U.S.C. 950a-950j) with post-trial procedure and
review of military commissions.
``SUBCHAPTER VII--PUNITIVE MATTERS
* * * * * * *
``Sec. 950v. Crimes triable by military commissions
``(a) Definitions and Construction.--In this section:
``(1) Military objective.--The term `military
objective' means--
``(A) combatants; and
``(B) those objects during an armed
conflict--
``(i) which, by their nature,
location, purpose, or use, effectively
contribute to the opposing force's
warfighting or war-sustaining
capability; and
``(ii) the total or partial
destruction, capture, or neutralization
of which would constitute a definite
military advantage to the attacker
under the circumstances at the time of
the attack.
``(2) Protected person.--The term `protected person'
means any person entitled to protection under one or
more of the Geneva Conventions, including--
``(A) civilians not taking an active part in
hostilities;
``(B) military personnel placed hors de
combat by sickness, wounds, or detention; and
``(C) military medical or religious
personnel.
``(3) Protected property.--The term `protected
property' means property specifically protected by the
law of war (such as buildings dedicated to religion,
education, art, science or charitable purposes,
historic monuments, hospitals, or places where the sick
and wounded are collected), if such property is not
being used for military purposes or is not otherwise a
military objective. Such term includes objects properly
identified by one of the distinctive emblems of the
Geneva Conventions, but does not include civilian
property that is a military objective.
``(4) Construction.--The intent specified for an
offense under paragraph (1), (2), (3), (4), or (12) of
subsection (b) precludes the applicability of such
offense with regard to--
``(A) collateral damage; or
``(B) death, damage, or injury incident to a
lawful attack.
``(b) Offenses.--The following offenses shall be triable by
military commission under this chapter at any time without
limitation:
``(1) Murder of protected persons.--Any person
subject to this chapter who intentionally kills one or
more protected persons shall be punished by death or
such other punishment as a military commission under
this chapter may direct.
``(2) Attacking civilians.--Any person subject to
this chapter who intentionally engages in an attack
upon a civilian population as such, or individual
civilians not taking active part in hostilities, shall
be punished, if death results to one or more of the
victims, by death or such other punishment as a
military commission under this chapter may direct, and,
if death does not result to any of the victims, by such
punishment, other than death, as a military commission
under this chapter may direct.
``(3) Attacking civilian objects.--Any person subject
to this chapter who intentionally engages in an attack
upon a civilian object that is not a military objective
shall be punished as a military commission under this
chapter may direct.
``(4) Attacking protected property.--Any person
subject to this chapter who intentionally engages in an
attack upon protected property shall be punished as a
military commission under this chapter may direct.
``(5) Pillaging.--Any person subject to this chapter
who intentionally and in the absence of military
necessity appropriates or seizes property for private
or personal use, without the consent of a person with
authority to permit such appropriation or seizure,
shall be punished as a military commission under this
chapter may direct.
``(6) Denying quarter.--Any person subject to this
chapter who, with effective command or control over
subordinate groups, declares, orders, or otherwise
indicates to those groups that there shall be no
survivors or surrender accepted, with the intent to
threaten an adversary or to conduct hostilities such
that there would be no survivors or surrender accepted,
shall be punished as a military commission under this
chapter may direct.
``(7) Taking hostages.--Any person subject to this
chapter who, having knowingly seized or detained one or
more persons, threatens to kill, injure, or continue to
detain such person or persons with the intent of
compelling any nation, person other than the hostage,
or group of persons to act or refrain from acting as an
explicit or implicit condition for the safety or
release of such person or persons, shall be punished,
if death results to one or more of the victims, by
death or such other punishment as a military commission
under this chapter may direct, and, if death does not
result to any of the victims, by such punishment, other
than death, as a military commission under this chapter
may direct.
``(8) Employing poison or similar weapons.--Any
person subject to this chapter who intentionally, as a
method of warfare, employs a substance or weapon that
releases a substance that causes death or serious and
lasting damage to health in the ordinary course of
events, through its asphyxiating, bacteriological, or
toxic properties, shall be punished, if death results
to one or more of the victims, by death or such other
punishment as a military commission under this chapter
may direct, and, if death does not result to any of the
victims, by such punishment, other than death, as a
military commission under this chapter may direct.
``(9) Using protected persons as a shield.--Any
person subject to this chapter who positions, or
otherwise takes advantage of, a protected person with
the intent to shield a military objective from attack,
or to shield, favor, or impede military operations,
shall be punished, if death results to one or more of
the victims, by death or such other punishment as a
military commission under this chapter may direct, and,
if death does not result to any of the victims, by such
punishment, other than death, as a military commission
under this chapter may direct.
``(10) Using protected property as a shield.--Any
person subject to this chapter who positions, or
otherwise takes advantage of the location of, protected
property with the intent to shield a military objective
from attack, or to shield, favor, or impede military
operations, shall be punished as a military commission
under this chapter may direct.
``(11) Torture.--
``(A) Offense.--Any person subject to this
chapter who commits an act specifically
intended to inflict severe physical or mental
pain or suffering (other than pain or suffering
incidental to lawful sanctions) upon another
person within his custody or physical control
for the purpose of obtaining information or a
confession, punishment, intimidation, coercion,
or any reason based on discrimination of any
kind, shall be punished, if death results to
one or more of the victims, by death or such
other punishment as a military commission under
this chapter may direct, and, if death does not
result to any of the victims, by such
punishment, other than death, as a military
commission under this chapter may direct.
``(B) Severe mental pain or suffering
defined.--In this section, the term `severe
mental pain or suffering' has the meaning given
that term in section 2340(2) of title 18.
``(12) Cruel or inhuman treatment.--
``(A) Offense.--Any person subject to this
chapter who commits an act intended to inflict
severe or serious physical or mental pain or
suffering (other than pain or suffering
incidental to lawful sanctions), including
serious physical abuse, upon another within his
custody or control shall be punished, if death
results to the victim, by death or such other
punishment as a military commission under this
chapter may direct, and, if death does not
result to the victim, by such punishment, other
than death, as a military commission under this
chapter may direct.
``(B) Definitions.--In this paragraph:
``(i) The term `serious physical pain
or suffering' means bodily injury that
involves--
``(I) a substantial risk of
death;
``(II) extreme physical pain;
``(III) a burn or physical
disfigurement of a serious
nature (other than cuts,
abrasions, or bruises); or
``(IV) significant loss or
impairment of the function of a
bodily member, organ, or mental
faculty.
``(ii) The term `severe mental pain
or suffering' has the meaning given
that term in section 2340(2) of title
18.
``(iii) The term `serious mental pain
or suffering' has the meaning given the
term `severe mental pain or suffering'
in section 2340(2) of title 18, except
that--
``(I) the term `serious'
shall replace the term `severe'
where it appears; and
``(II) as to conduct
occurring after the date of the
enactment of the Military
Commissions Act of 2006, the
term `serious and non-
transitory mental harm (which
need not be prolonged)' shall
replace the term `prolonged
mental harm' where it appears.
``(13) Intentionally causing serious bodily injury.--
``(A) Offense.--Any person subject to this
chapter who intentionally causes serious bodily
injury to one or more persons, including lawful
combatants, in violation of the law of war
shall be punished, if death results to one or
more of the victims, by death or such other
punishment as a military commission under this
chapter may direct, and, if death does not
result to any of the victims, by such
punishment, other than death, as a military
commission under this chapter may direct.
``(B) Serious bodily injury defined.--In this
paragraph, the term `serious bodily injury'
means bodily injury which involves--
``(i) a substantial risk of death;
``(ii) extreme physical pain;
``(iii) protracted and obvious
disfigurement; or
``(iv) protracted loss or impairment
of the function of a bodily member,
organ, or mental faculty.
``(14) Mutilating or maiming.--Any person subject to
this chapter who intentionally injures one or more
protected persons by disfiguring the person or persons
by any mutilation of the person or persons, or by
permanently disabling any member, limb, or organ of the
body of the person or persons, without any legitimate
medical or dental purpose, shall be punished, if death
results to one or more of the victims, by death or such
other punishment as a military commission under this
chapter may direct, and, if death does not result to
any of the victims, by such punishment, other than
death, as a military commission under this chapter may
direct.
``(15) Murder in violation of the law of war.--Any
person subject to this chapter who intentionally kills
one or more persons, including lawful combatants, in
violation of the law of war shall be punished by death
or such other punishment as a military commission under
this chapter may direct.
``(16) Destruction of property in violation of the
law of war.--Any person subject to this chapter who
intentionally destroys property belonging to another
person in violation of the law of war shall punished as
a military commission under this chapter may direct.
``(17) Using treachery or perfidy.--Any person
subject to this chapter who, after inviting the
confidence or belief of one or more persons that they
were entitled to, or obliged to accord, protection
under the law of war, intentionally makes use of that
confidence or belief in killing, injuring, or capturing
such person or persons shall be punished, if death
results to one or more of the victims, by death or such
other punishment as a military commission under this
chapter may direct, and, if death does not result to
any of the victims, by such punishment, other than
death, as a military commission under this chapter may
direct.
``(18) Improperly using a flag of truce.--Any person
subject to this chapter who uses a flag of truce to
feign an intention to negotiate, surrender, or
otherwise suspend hostilities when there is no such
intention shall be punished as a military commission
under this chapter may direct.
``(19) Improperly using a distinctive emblem.--Any
person subject to this chapter who intentionally uses a
distinctive emblem recognized by the law of war for
combatant purposes in a manner prohibited by the law of
war shall be punished as a military commission under
this chapter may direct.
``(20) Intentionally mistreating a dead body.--Any
person subject to this chapter who intentionally
mistreats the body of a dead person, without
justification by legitimate military necessity, shall
be punished as a military commission under this chapter
may direct.
``(21) Rape.--Any person subject to this chapter who
forcibly or with coercion or threat of force wrongfully
invades the body of a person by penetrating, however
slightly, the anal or genital opening of the victim
with any part of the body of the accused, or with any
foreign object, shall be punished as a military
commission under this chapter may direct.
``(22) Sexual assault or abuse.--Any person subject
to this chapter who forcibly or with coercion or threat
of force engages in sexual contact with one or more
persons, or causes one or more persons to engage in
sexual contact, shall be punished as a military
commission under this chapter may direct.
``(23) Hijacking or hazarding a vessel or aircraft.--
Any person subject to this chapter who intentionally
seizes, exercises unauthorized control over, or
endangers the safe navigation of a vessel or aircraft
that is not a legitimate military objective shall be
punished, if death results to one or more of the
victims, by death or such other punishment as a
military commission under this chapter may direct, and,
if death does not result to any of the victims, by such
punishment, other than death, as a military commission
under this chapter may direct.
``(24) Terrorism.--Any person subject to this chapter
who intentionally kills or inflicts great bodily harm
on one or more protected persons, or intentionally
engages in an act that evinces a wanton disregard for
human life, in a manner calculated to influence or
affect the conduct of government or civilian population
by intimidation or coercion, or to retaliate against
government conduct, shall be punished, if death results
to one or more of the victims, by death or such other
punishment as a military commission under this chapter
may direct, and, if death does not result to any of the
victims, by such punishment, other than death, as a
military commission under this chapter may direct.
``(25) Providing material support for terrorism.--
``(A) Offense.--Any person subject to this
chapter who provides material support or
resources, knowing or intending that they are
to be used in preparation for, or in carrying
out, an act of terrorism (as set forth in
paragraph (24)), or who intentionally provides
material support or resources to an
international terrorist organization engaged in
hostilities against the United States, knowing
that such organization has engaged or engages
in terrorism (as so set forth), shall be
punished as a military commission under this
chapter may direct.
``(B) Material support or resources
defined.--In this paragraph, the term `material
support or resources' has the meaning given
that term in section 2339A(b) of title 18.
``(26) Wrongfully aiding the enemy.--Any person
subject to this chapter who, in breach of an allegiance
or duty to the United States, knowingly and
intentionally aids an enemy of the United States, or
one of the co-belligerents of the enemy, shall be
punished as a military commission under this chapter
may direct.
``(27) Spying.--Any person subject to this chapter
who with intent or reason to believe that it is to be
used to the injury of the United States or to the
advantage of a foreign power, collects or attempts to
collect information by clandestine means or while
acting under false pretenses, for the purpose of
conveying such information to an enemy of the United
States, or one of the co-belligerents of the enemy,
shall be punished by death or such other punishment as
a military commission under this chapter may direct.
``(28) Conspiracy.--Any person subject to this
chapter who conspires to commit one or more substantive
offenses triable by military commission under this
chapter, and who knowingly does any overt act to effect
the object of the conspiracy, shall be punished, if
death results to one or more of the victims, by death
or such other punishment as a military commission under
this chapter may direct, and, if death does not result
to any of the victims, by such punishment, other than
death, as a military commission under this chapter may
direct.
* * * * * * *
SEC. 5.\2\ TREATY OBLIGATIONS NOT ESTABLISHING GROUNDS FOR CERTAIN
CLAIMS.
(a) In General.--No person may invoke the Geneva
Conventions or any protocols thereto in any habeas corpus or
other civil action or proceeding to which the United States, or
a current or former officer, employee, member of the Armed
Forces, or other agent of the United States is a party as a
source of rights in any court of the United States or its
States or territories.
---------------------------------------------------------------------------
\2\ 28 U.S.C. 2241 note.
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(b) Geneva Conventions Defined.--In this section, the term
``Geneva Conventions'' means--
(1) the Convention for the Amelioration of the
Condition of the Wounded and Sick in Armed Forces in
the Field, done at Geneva August 12, 1949 (6 UST 3114);
(2) the Convention for the Amelioration of the
Condition of the Wounded, Sick, and Shipwrecked Members
of the Armed Forces at Sea, done at Geneva August 12,
1949 (6 UST 3217);
(3) the Convention Relative to the Treatment of
Prisoners of War, done at Geneva August 12, 1949 (6 UST
3316); and
(4) the Convention Relative to the Protection of
Civilian Persons in Time of War, done at Geneva August
12, 1949 (6 UST 3516).
SEC. 6.\3\ IMPLEMENTATION OF TREATY OBLIGATIONS.
(a) Implementation of Treaty Obligations.--
---------------------------------------------------------------------------
\3\ 18 U.S.C. 2441 note.
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(1) In general.--The acts enumerated in subsection
(d) of section 2441 of title 18, United States Code, as
added by subsection (b) of this section, and in
subsection (c) of this section, constitute violations
of common Article 3 of the Geneva Conventions
prohibited by United States law.
(2) Prohibition on grave breaches.--The provisions of
section 2441 of title 18, United States Code, as
amended by this section, fully satisfy the obligation
under Article 129 of the Third Geneva Convention for
the United States to provide effective penal sanctions
for grave breaches which are encompassed in common
Article 3 in the context of an armed conflict not of an
international character. No foreign or international
source of law shall supply a basis for a rule of
decision in the courts of the United States in
interpreting the prohibitions enumerated in subsection
(d) of such section 2441.
(3) Interpretation by the president.--
(A) As provided by the Constitution and by
this section, the President has the authority
for the United States to interpret the meaning
and application of the Geneva Conventions and
to promulgate higher standards and
administrative regulations for violations of
treaty obligations which are not grave breaches
of the Geneva Conventions.
(B) The President shall issue interpretations
described by subparagraph (A) by Executive
Order published in the Federal Register.
(C) Any Executive Order published under this
paragraph shall be authoritative (except as to
grave breaches of common Article 3) as a matter
of United States law, in the same manner as
other administrative regulations.
(D) Nothing in this section shall be
construed to affect the constitutional
functions and responsibilities of Congress and
the judicial branch of the United States.
(4) Definitions.--In this subsection:
(A) Geneva conventions.--The term ``Geneva
Conventions'' means--
(i) the Convention for the
Amelioration of the Condition of the
Wounded and Sick in Armed Forces in the
Field, done at Geneva August 12, 1949
(6 UST 3217);
(ii) the Convention for the
Amelioration of the Condition of the
Wounded, Sick, and Shipwrecked Members
of the Armed Forces at Sea, done at
Geneva August 12, 1949 (6 UST 3217);
(iii) the Convention Relative to the
Treatment of Prisoners of War, done at
Geneva August 12, 1949 (6 UST 3316);
and
(iv) the Convention Relative to the
Protection of Civilian Persons in Time
of War, done at Geneva August 12, 1949
(6 UST 3516).
(B) Third geneva convention.--The term
``Third Geneva Convention'' means the
international convention referred to in
subparagraph (A)(iii).
(b) Revision to War Crimes Offense Under Federal Criminal
Code.--
(1) In general.--Section 2441 of title 18, United
States Code, is amended-- * * *
(2) * * *
(c) \4\ Additional Prohibition on Cruel, Inhuman, or
Degrading Treatment or Punishment.--
---------------------------------------------------------------------------
\4\ 42 U.S.C. 2000dd-0.
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(1) In general.--No individual in the custody or
under the physical control of the United States
Government, regardless of nationality or physical
location, shall be subject to cruel, inhuman, or
degrading treatment or punishment.
(2) Cruel, inhuman, or degrading treatment or
punishment defined.--In this subsection, the term
``cruel, inhuman, or degrading treatment or
punishment'' means cruel, unusual, and inhumane
treatment or punishment prohibited by the Fifth,
Eighth, and Fourteenth Amendments to the Constitution
of the United States, as defined in the United States
Reservations, Declarations and Understandings to the
United Nations Convention Against Torture and Other
Forms of Cruel, Inhuman or Degrading Treatment or
Punishment done at New York, December 10, 1984.
(3) Compliance.--The President shall take action to
ensure compliance with this subsection, including
through the establishment of administrative rules and
procedures.
* * * * * * *
(3) Detention, Treatment, and Trial of Certain Non-Citizens in the War
Against Terrorism
Military Order of November 13, 2001, 66 F.R. 57833, superseded by
Executive Order 13425
By the authority vested in me as President and as Commander
in Chief of the Armed Forces of the United States by the
Constitution and the laws of the United States of America,
including the Authorization for Use of Military Force Joint
Resolution (Public Law 107-40, 115 Stat. 224) and sections 821
and 836 of title 10, United States Code, it is hereby ordered
as follows:
Section 1. Findings.
(a) International terrorists, including members of al
Qaida, have carried out attacks on United States diplomatic and
military personnel and facilities abroad and on citizens and
property within the United States on a scale that has created a
state of armed conflict that requires the use of the United
States Armed Forces.
(b) In light of grave acts of terrorism and threats of
terrorism, including the terrorist attacks on September 11,
2001, on the headquarters of the United States Department of
Defense in the national capital region, on the World Trade
Center in New York, and on civilian aircraft such as in
Pennsylvania, I proclaimed a national emergency on September
14, 2001 (Proc. 7463, Declaration of National Emergency by
Reason of Certain Terrorist Attacks).\1\
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\1\ 66 F.R. 48199, 50 U.S.C. 1621 note.
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(c) Individuals acting alone and in concert involved in
international terrorism possess both the capability and the
intention to undertake further terrorist attacks against the
United States that, if not detected and prevented, will cause
mass deaths, mass injuries, and massive destruction of
property, and may place at risk the continuity of the
operations of the United States Government.
(d) The ability of the United States to protect the United
States and its citizens, and to help its allies and other
cooperating nations protect their nations and their citizens,
from such further terrorist attacks depends in significant part
upon using the United States Armed Forces to identify
terrorists and those who support them, to disrupt their
activities, and to eliminate their ability to conduct or
support such attacks.
(e) To protect the United States and its citizens, and for
the effective conduct of military operations and prevention of
terrorist attacks, it is necessary for individuals subject to
this order pursuant to section 2 hereof to be detained, and,
when tried, to be tried for violations of the laws of war and
other applicable laws by military tribunals.
(f) Given the danger to the safety of the United States and
the nature of international terrorism, and to the extent
provided by and under this order, I find consistent with
section 836 of title 10, United States Code, that it is not
practicable to apply in military commissions under this order
the principles of law and the rules of evidence generally
recognized in the trial of criminal cases in the United States
district courts.
(g) Having fully considered the magnitude of the potential
deaths, injuries, and property destruction that would result
from potential acts of terrorism against the United States, and
the probability that such acts will occur, I have determined
that an extraordinary emergency exists for national defense
purposes, that this emergency constitutes an urgent and
compelling government interest, and that issuance of this order
is necessary to meet the emergency.
Sec. 2. Definition and Policy.
(a) The term ``individual subject to this order'' shall
mean any individual who is not a United States citizen with
respect to whom I determine from time to time in writing that:
(1) there is reason to believe that such individual,
at the relevant times,
(i) is or was a member of the organization
known as al Qaida;
(ii) has engaged in, aided or abetted, or
conspired to commit, acts of international
terrorism, or acts in preparation therefor,
that have caused, threaten to cause, or have as
their aim to cause, injury to or adverse
effects on the United States, its citizens,
national security, foreign policy, or economy;
or
(iii) has knowingly harbored one or more
individuals described in subparagraphs (i) or
(ii) of subsection 2(a)(1) of this order; and
(2) it is in the interest of the United States that
such individual be subject to this order.
(b) It is the policy of the United States that the
Secretary of Defense shall take all necessary measures to
ensure that any individual subject to this order is detained in
accordance with section 3, and, if the individual is to be
tried, that such individual is tried only in accordance with
section 4.
(c) It is further the policy of the United States that any
individual subject to this order who is not already under the
control of the Secretary of Defense but who is under the
control of any other officer or agent of the United States or
any State shall, upon delivery of a copy of such written
determination to such officer or agent, forthwith be placed
under the control of the Secretary of Defense.
Sec. 3. Detention Authority of the Secretary of Defense.
Any individual subject to this order shall be --
(a) detained at an appropriate location designated by the
Secretary of Defense outside or within the United States;
(b) treated humanely, without any adverse distinction based
on race, color, religion, gender, birth, wealth, or any similar
criteria;
(c) afforded adequate food, drinking water, shelter,
clothing, and medical treatment;
(d) allowed the free exercise of religion consistent with
the requirements of such detention; and
(e) detained in accordance with such other conditions as
the Secretary of Defense may prescribe.
Sec. 4. Authority of the Secretary of Defense Regarding
Trials of Individuals Subject to this Order.
(a) Any individual subject to this order shall, when tried,
be tried by military commission for any and all offenses
triable by military commission that such individual is alleged
to have committed, and may be punished in accordance with the
penalties provided under applicable law, including life
imprisonment or death.
(b) As a military function and in light of the findings in
section 1, including subsection (f) thereof, the Secretary of
Defense shall issue such orders and regulations, including
orders for the appointment of one or more military commissions,
as may be necessary to carry out subsection (a) of this
section.
(c) Orders and regulations issued under subsection (b) of
this section shall include, but not be limited to, rules for
the conduct of the proceedings of military commissions,
including pretrial, trial, and post-trial procedures, modes of
proof, issuance of process, and qualifications of attorneys,
which shall at a minimum provide for--
(1) military commissions to sit at any time and any
place, consistent with such guidance regarding time and
place as the Secretary of Defense may provide;
(2) a full and fair trial, with the military
commission sitting as the triers of both fact and law;
(3) admission of such evidence as would, in the
opinion of the presiding officer of the military
commission (or instead, if any other member of the
commission so requests at the time the presiding
officer renders that opinion, the opinion of the
commission rendered at that time by a majority of the
commission), have probative value to a reasonable
person;
(4) in a manner consistent with the protection of
information classified or classifiable under Executive
Order 12958 of April 17, 1995, as amended, or any
successor Executive Order, protected by statute or rule
from unauthorized disclosure, or otherwise protected by
law, (A) the handling of, admission into evidence of,
and access to materials and information, and (B) the
conduct, closure of, and access to proceedings;
(5) conduct of the prosecution by one or more
attorneys designated by the Secretary of Defense and
conduct of the defense by attorneys for the individual
subject to this order;
(6) conviction only upon the concurrence of two-
thirds of the members of the commission present at the
time of the vote, a majority being present;
(7) sentencing only upon the concurrence of two-
thirds of the members of the commission present at the
time of the vote, a majority being present; and
(8) submission of the record of the trial, including
any conviction or sentence, for review and final
decision by me or by the Secretary of Defense if so
designated by me for that purpose.
Sec. 5. Obligation of Other Agencies to Assist the
Secretary of Defense.
Departments, agencies, entities, and officers of the United
States shall, to the maximum extent permitted by law, provide
to the Secretary of Defense such assistance as he may request
to implement this order.
Sec. 6. Additional Authorities of the Secretary of Defense.
(a) As a military function and in light of the findings in
section 1, the Secretary of Defense shall issue such orders and
regulations as may be necessary to carry out any of the
provisions of this order.
(b) The Secretary of Defense may perform any of his
functions or duties, and may exercise any of the powers
provided to him under this order (other than under section
4(c)(8) hereof) in accordance with section 113(d) of title 10,
United States Code.
Sec. 7. Relationship to Other Law and Forums.
(a) Nothing in this order shall be construed to--
(1) authorize the disclosure of state secrets to any
person not otherwise authorized to have access to them;
(2) limit the authority of the President as Commander
in Chief of the Armed Forces or the power of the
President to grant reprieves and pardons; or
(3) limit the lawful authority of the Secretary of
Defense, any military commander, or any other officer
or agent of the United States or of any State to detain
or try any person who is not an individual subject to
this order.
(b) With respect to any individual subject to this order--
(1) military tribunals shall have exclusive
jurisdiction with respect to offenses by the
individual; and
(2) the individual shall not be privileged to seek
any remedy or maintain any proceeding, directly or
indirectly, or to have any such remedy or proceeding
sought on the individual's behalf, in (i) any court of
the United States, or any State thereof, (ii) any court
of any foreign nation, or (iii) any international
tribunal.
(c) This order is not intended to and does not create any
right, benefit, or privilege, substantive or procedural,
enforceable at law or equity by any party, against the United
States, its departments, agencies, or other entities, its
officers or employees, or any other person.
(d) For purposes of this order, the term ``State'' includes
any State, district, territory, or possession of the United
States.
(e) I reserve the authority to direct the Secretary of
Defense, at any time hereafter, to transfer to a governmental
authority control of any individual subject to this order.
Nothing in this order shall be construed to limit the authority
of any such governmental authority to prosecute any individual
for whom control is transferred.
Sec. 8. Publication.
This order shall be published in the Federal Register.
(4) Trial of Alien Unlawful Enemy Combatants by Military Commission
Executive Order 13425, February 14, 2007, 72 F.R. 7737, 10 U.S.C. 948b
note
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the Military Commissions Act of 2006 (Public Law 109-
366), the Authorization for Use of Military Force (Public Law
107-40), and section 948b(b) of title 10, United States Code,
it is hereby ordered as follows:
Section 1. Establishment of Military Commissions. There are
hereby established military commissions to try alien unlawful
enemy combatants for offenses triable by military commission as
provided in chapter 47A of title 10.
Sec. 2. Definitions. As used in this order:
(a) ``unlawful enemy combatant'' has the meaning provided
for that term in section 948a(1) of title 10; and
(b) ``alien'' means a person who is not a citizen of the
United States.
Sec. 3. Supersedure. This order supersedes any provision of
the President's Military Order of November 13, 2001 (66 Fed.
Reg. 57,833), that relates to trial by military commission,
specifically including:
(a) section 4 of the Military Order; and
(b) any requirement in section 2 of the Military Order, as
it relates to trial by military commission, for a determination
of:
(i) reason to believe specified matters; or
(ii) the interest of the United States.
Sec. 4. General Provisions. (a) This order shall be
implemented in accordance with applicable law and subject to
the availability of appropriations.
(b) The heads of executive departments and agencies shall
provide such information and assistance to the Secretary of
Defense as may be necessary to implement this order and chapter
47A of title 10.
(5) Interpretation of the Geneva Conventions Common Article 3 as
Applied to a Program of Detention and Interrogation Operated by the
Central Intelligence Agency
Executive Order 13440, July 20, 2007, 72 F.R. 40707, 18 U.S.C. 2441
note
By the authority vested in me as President and Commander in
Chief of the Armed Forces by the Constitution and the laws of
the United States of America, including the Authorization for
Use of Military Force (Public Law 107-40), the Military
Commissions Act of 2006 (Public Law 109-366), and section 301
of title 3, United States Code, it is hereby ordered as
follows:
Section 1. General Determinations. (a) The United States is
engaged in an armed conflict with al Qaeda, the Taliban, and
associated forces. Members of al Qaeda were responsible for the
attacks on the United States of September 11, 2001, and for
many other terrorist attacks, including against the United
States, its personnel, and its allies throughout the world.
These forces continue to fight the United States and its allies
in Afghanistan, Iraq, and elsewhere, and they continue to plan
additional acts of terror throughout the world. On February 7,
2002, I determined for the United States that members of al
Qaeda, the Taliban, and associated forces are unlawful enemy
combatants who are not entitled to the protections that the
Third Geneva Convention provides to prisoners of war. I hereby
reaffirm that determination.
(b) The Military Commissions Act defines certain
prohibitions of Common Article 3 for United States law, and it
reaffirms and reinforces the authority of the President to
interpret the meaning and application of the Geneva
Conventions.
Sec. 2. Definitions. As used in this order:
(a) ``Common Article 3'' means Article 3 of the Geneva
Conventions.
(b) ``Geneva Conventions'' means:
(i) the Convention for the Amelioration of the
Condition of the Wounded and Sick in Armed Forces in
the Field, done at Geneva August 12, 1949 (6 UST 3114);
(ii) the Convention for the Amelioration of the
Condition of Wounded, Sick and Shipwrecked Members of
Armed Forces at Sea, done at Geneva August 12, 1949 (6
UST 3217);
(iii) the Convention Relative to the Treatment of
Prisoners of War, done at Geneva August 12, 1949 (6 UST
3316); and
(iv) the Convention Relative to the Protection of
Civilian Persons in Time of War, done at Geneva August
12, 1949 (6 UST 3516).
(c) ``Cruel, inhuman, or degrading treatment or
punishment'' means the cruel, unusual, and inhumane treatment
or punishment prohibited by the Fifth, Eighth, and Fourteenth
Amendments to the Constitution of the United States.
Sec. 3. Compliance of a Central Intelligence Agency
Detention and Interrogation Program with Common Article 3. (a)
Pursuant to the authority of the President under the
Constitution and the laws of the United States, including the
Military Commissions Act of 2006, this order interprets the
meaning and application of the text of Common Article 3 with
respect to certain detentions and interrogations, and shall be
treated as authoritative for all purposes as a matter of United
States law, including satisfaction of the international
obligations of the United States. I hereby determine that
Common Article 3 shall apply to a program of detention and
interrogation operated by the Central Intelligence Agency as
set forth in this section. The requirements set forth in this
section shall be applied with respect to detainees in such
program without adverse distinction as to their race, color,
religion or faith, sex, birth, or wealth.
(b) I hereby determine that a program of detention and
interrogation approved by the Director of the Central
Intelligence Agency fully complies with the obligations of the
United States under Common Article 3, provided that:
(i) the conditions of confinement and interrogation
practices of the program do not include:
(A) torture, as defined in section 2340 of
title 18, United States Code;
(B) any of the acts prohibited by section
2441(d) of title 18, United States Code,
including murder, torture, cruel or inhuman
treatment, mutilation or maiming, intentionally
causing serious bodily injury, rape, sexual
assault or abuse, taking of hostages, or
performing of biological experiments;
(C) other acts of violence serious enough to
be considered comparable to murder, torture,
mutilation, and cruel or inhuman treatment, as
defined in section 2441(d) of title 18, United
States Code;
(D) any other acts of cruel, inhuman, or
degrading treatment or punishment prohibited by
the Military Commissions Act (subsection 6(c)
of Public Law 109-366) and the Detainee
Treatment Act of 2005 (section 1003 of Public
Law 109-148 and section 1403 of Public Law 109-
163);
(E) willful and outrageous acts of personal
abuse done for the purpose of humiliating or
degrading the individual in a manner so serious
that any reasonable person, considering the
circumstances, would deem the acts to be beyond
the bounds of human decency, such as sexual or
sexually indecent acts undertaken for the
purpose of humiliation, forcing the individual
to perform sexual acts or to pose sexually,
threatening the individual with sexual
mutilation, or using the individual as a human
shield; or
(F) acts intended to denigrate the religion,
religious practices, or religious objects of
the individual;
(ii) the conditions of confinement and interrogation
practices are to be used with an alien detainee who is
determined by the Director of the Central Intelligence
Agency:
(A) to be a member or part of or supporting
al Qaeda, the Taliban, or associated
organizations; and
(B) likely to be in possession of information
that:
(1) could assist in detecting,
mitigating, or preventing terrorist
attacks, such as attacks within the
United States or against its Armed
Forces or other personnel, citizens, or
facilities, or against allies or other
countries cooperating in the war on
terror with the United States, or their
armed forces or other personnel,
citizens, or facilities; or
(2) could assist in locating the
senior leadership of al Qaeda, the
Taliban, or associated forces;
(iii) the interrogation practices are determined by
the Director of the Central Intelligence Agency, based
upon professional advice, to be safe for use with each
detainee with whom they are used; and
(iv) detainees in the program receive the basic
necessities of life, including adequate food and water,
shelter from the elements, necessary clothing,
protection from extremes of heat and cold, and
essential medical care.
(c) The Director of the Central Intelligence Agency shall
issue written policies to govern the program, including
guidelines for Central Intelligence Agency personnel that
implement paragraphs (i)(C), (E), and (F) of subsection 3(b) of
this order, and including requirements to ensure:
(i) safe and professional operation of the program;
(ii) the development of an approved plan of
interrogation tailored for each detainee in the program
to be interrogated, consistent with subsection 3(b)(iv)
of this order;
(iii) appropriate training for interrogators and all
personnel operating the program;
(iv) effective monitoring of the program, including
with respect to medical matters, to ensure the safety
of those in the program; and
(v) compliance with applicable law and this order.
Sec. 4. Assignment of Function. With respect to the program
addressed in this order, the function of the President under
section 6(c)(3) of the Military Commissions Act of 2006 is
assigned to the Director of National Intelligence.
Sec. 5. General Provisions. (a) Subject to subsection (b)
of this section, this order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity, against the United States, its
departments, agencies, or other entities, its officers or
employees, or any other person.
(b) Nothing in this order shall be construed to prevent or
limit reliance upon this order in a civil, criminal, or
administrative proceeding, or otherwise, by the Central
Intelligence Agency or by any individual acting on behalf of
the Central Intelligence Agency in connection with the program
addressed in this order.
e. United States Policy Toward Haiti \1\
Public Law 103-423 [S.J. Res. 229], 108 Stat. 4358, approved October
25, 1994
JOINT RESOLUTION Regarding United States policy toward Haiti.
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled,
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\1\ 50 U.S.C. 1541 note. Sec. 1232 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat.
788) provided the following:
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``sec. 1232. limitation on deployment of armed forces in haiti during
fiscal year 2000 and congressional notice of deployments to haiti.
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``(a) Limitation on Deployment.--No funds available to the
Department of Defense during fiscal year 2000 may be expended after May
31, 2000, for the continuous deployment of United States Armed Forces
in Haiti pursuant to the Department of Defense operation designated as
Operation Uphold Democracy.
``(b) Report.--Whenever there is a deployment of United States
Armed Forces to Haiti after May 31, 2000, the President shall, not
later than 96 hours after such deployment begins, transmit to Congress
a written report regarding the deployment. In any such report, the
President shall specify (1) the purpose of the deployment, and (2) the
date on which the deployment is expected to end.''.
Subsequently, sec. 1222 of the National Defense Authorization Act
for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1253) repealed
subsec. (b) of sec. 1232.
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SECTION 1. SENSE OF CONGRESS REGARDING UNITED STATES ARMED FORCES
OPERATIONS IN HAITI.
It is the sense of Congress that--
(a) the men and women of the United States Armed
Forces in Haiti who are performing with professional
excellence and dedicated patriotism are to be
commended;
(b) the President should have sought and welcomed
Congressional approval before deploying United States
Armed Forces to Haiti;
(c) the departure from power of the de facto
authorities in Haiti, and Haitian efforts to achieve
national reconciliation, democracy and the rule of law
are in the best interests of the Haitian people;
(d) the President's lifting of the unilateral
economic sanctions on Haiti, and his efforts to bring
about the lifting of economic sanctions imposed by the
United Nations are appropriate; and
(e) Congress supports a prompt and orderly withdrawal
of all United States Armed Forces from Haiti as soon as
possible.
SEC. 2. PRESIDENTIAL STATEMENT OF NATIONAL SECURITY OBJECTIVES.
The President shall prepare and submit to the President pro
tempore of the Senate and the Speaker of the House of
Representatives (hereafter, ``Congress'') not later than seven
days after enactment of this resolution a statement of the
national security objectives to be achieved by Operation Uphold
Democracy, and a detailed description of United States policy,
the military mission and the general rules of engagement under
which operations of United States Armed Forces are conducted in
and around Haiti, including the role of United States Armed
Forces regarding Haitian on Haitian violence, and efforts to
disarm Haitian military or police forces, or civilians. Changes
or modifications to such objectives, policy, military mission,
or general rules of engagement shall be submitted to Congress
within forty-eight hours of approval.
SEC. 3. REPORT ON THE SITUATION IN HAITI.
Not later than November 1, 1994, and monthly thereafter
until the cessation of Operation Uphold Democracy, the
President shall submit a report to Congress on the situation in
Haiti, including--
(a) a listing of the units of the United States Armed
Forces and of the police and military units of other
nations participating in operations in and around
Haiti;
(b) the estimated duration of Operation Uphold
Democracy and progress toward the withdrawal of all
United States Armed Forces from Haiti consistent with
the goal of section 1(e) of this resolution;
(c) armed incidents or the use of force in or around
Haiti involving United States Armed Forces or Coast
Guard personnel in the time period covered by the
report;
(d) the estimated cumulative incremental cost of all
United States activities subsequent to September 30,
1993, in and around Haiti, including but not limited
to--
(1) the cost of all deployments of United
States Armed Forces and Coast Guard personnel,
training, exercises, mobilization, and
preparation activities, including the
preparation of police and military units of the
other nations of the multinational force
involved in enforcement of sanctions, limits on
migration, establishment and maintenance of
migrant facilities at Guantanamo Bay and
elsewhere, and all other activities relating to
operations in and around Haiti; and
(2) the costs of all other activities
relating to United States policy toward Haiti,
including humanitarian assistance,
reconstruction, aid and other financial
assistance, and all other costs to the United
States Government;
(e) a detailed accounting of the source of funds
obligated or expended to meet the costs described in
subparagraph (d), including--
(1) in the case of funds expended from the
Department of Defense budget, a breakdown by
military service or defense agency, line item
and program, and
(2) in the case of funds expended from the
budgets of departments and agencies other than
the Department of Defense, by department or
agency and program;
(f) the Administration plan for financing the costs
of the operations and the impact on readiness without
supplemental funding;
(g) a description of the situation in Haiti,
including--
(1) the security situation;
(2) the progress made in transferring the
functions of government to the democratically
elected government of Haiti; and
(3) progress toward holding free and fair
parliamentary elections;
(h) a description of issues relating to the United
Nations Mission in Haiti (UNMIH), including--
(1) the preparedness of the United Nations
Mission in Haiti (UNMIH) to deploy to Haiti to
assume its functions;
(2) troop commitments by other nations to
UNMIH;
(3) the anticipated cost to the United States
of participation in UNMIH, including payments
to the United Nations and financial, material
and other assistance to UNMIH;
(4) proposed or actual participation of
United States Armed Forces in UNMIH;
(5) proposed command arrangements for UNMIH,
including proposed or actual placement of
United States Armed Forces under foreign
command; and
(6) the anticipated duration of UNMIH.
SEC. 4. REPORT ON HUMAN RIGHTS.
Not later than January 1, 1995, the Secretary of State
shall report to Congress on the participation or involvement of
any member of the de jure or de facto Haitian government in
violations of internationally-recognized human rights from
December 15, 1990, to December 15, 1994.
SEC. 5. REPORT ON UNITED STATES AGREEMENTS.
Not later than November 15, 1994, the Secretary of State
shall provide a comprehensive report to Congress on all
agreements the United States has entered into with other
nations, including any assistance pledged or provided, in
connection with United States efforts in Haiti. Such report
shall also include information on any agreements or commitments
relating to United Nations Security Council actions concerning
Haiti since 1992.
SEC. 6. TRANSITION TO UNITED NATIONS MISSION IN HAITI.
Nothing in this resolution should be construed or
interpreted to constitute Congressional approval or disapproval
of the participation of United States Armed Forces in the
United Nations Mission in Haiti.
f. Authorization for Use of Military Force Against Iraq \1\
Public Law 102-1 [H.J. Res. 77], 105 Stat. 3, approved January 14,
1991; as amended by Public Law 106-113 [Admiral James W. Nance and Meg
Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and
2001, H.R. 3427, enacted by reference in H.R. 3194], 113 Stat. 1536,
approved November 29, 1999
JOINT RESOLUTION To authorize the use of United States Armed Forces
pursuant to United Nations Security Council Resolution 678.
Whereas the Government of Iraq without provocation invaded and
occupied the territory of Kuwait on August 2, 1990;
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\1\ 50 U.S.C. 1541 note. For other legislation on U.S. policy
toward Iraq, see Legislation on Foreign Relations Through 2008, vol. I-
B.
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Whereas both the House of Representatives (in H. J. Res. 658 of
the 101st Congress) and the Senate (in S. Con. Res. 147 of
the 101st Congress) have condemned Iraq's invasion of
Kuwait and declared their support for international action
to reverse Iraq's aggression;
Whereas, Iraq's conventional, chemical, biological, and nuclear
weapons and ballistic missile programs and its demonstrated
willingness to use weapons of mass destruction pose a grace
threat to world peace;
Whereas the international community has demanded that Iraq
withdraw unconditionally and immediately from Kuwait and
that Kuwait's independence and legitimate government be
restored;
Whereas the United Nations Security Council repeatedly affirmed
the inherent right of individual or collective self-defense
in response to the armed attack by Iraq against Kuwait in
accordance with Article 51 of the United Nations Charter;
Whereas, in the absence of full compliance by Iraq with its
resolutions, the United Nations Security Council in
Resolution 678 has authorized member states of the United
Nations to use all necessary means, after January 15, 1991,
to uphold and implement all relevant Security Council
resolutions and to restore international peace and security
in the area; and
Whereas Iraq has persisted in its illegal occupation of, and
brutal aggression against Kuwait: Now, therefore be it
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This joint resolution may be cited as the ``Authorization
for Use of Military Force Against Iraq Resolution''.
SEC. 2. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.
(a) Authorization.--The President is authorized, subject to
subsection (b), to use United States Armed Forces pursuant to
United Nations Security Council Resolution 678 (1990) in order
to achieve implementation of Security Council Resolutions 660,
661, 662, 664, 665, 666, 667, 669, 670, 674, and 677.\2\
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\2\ United Nations Security Council Resolution 678, adopted
November 29, 1990, recalled and reaffirmed the intentions of earlier
U.N. resolutions relating to Iraq's invasion of Kuwait on August 2,
1990. Earlier resolutions, in part, condemned the Iraqi invasion of
Kuwait, demanded that Iraq withdraw immediately and unconditionally
from Kuwait, and called on Iraq and Kuwait to begin negotiations for
the resolution of their differences (Resolution 660 adopted August 2,
1990); prevented trade relations between Iraq and U.N. Member States,
or the import of any Iraqi or Kuwaiti products, and established a
Committee of the Security Council to examine progress of this trade
embargo (Resolution 661 adopted August 6, 1990); determined that the
annexation of Kuwait by Iraq had no legal validity (Resolution 662 of
August 9, 1990); demanded that Iraq facilitate and permit the immediate
departure from Kuwait and Iraq of third country citizens (Resolution
664 adopted August 18, 1990); called upon Member States to blockade
maritime activity to the region (Resolution 665 adopted August 25,
1990); considered an exemption of the trade embargo for foodstuffs to
Iraq and Kuwait (Resolution 666 adopted September 13, 1990); condemned
Iraq's aggressions against international diplomatic premises and
personnel in Kuwait (Resolution 667 adopted September 16, 1990);
expanded responsibilities of the Committee established under Resolution
661 (Resolution 669 adopted September 14, 1990); further defined the
trade embargo to include air traffic, and called upon Member States to
detain Iraqi ships in port (Resolution 670 adopted September 25, 1990);
condemned the taking of third nation nationals hostage, and condemned
the destruction of Kuwaiti property by Iraq (Resolution 674 adopted
October 29, 1990); and condemned Iraqi attempts to alter the
demographic composition of the Kuwaiti population (Resolution 677
adopted November 28, 1990).
U.N. Security Council Resolution 678, adopted on November 29, 1990,
read in part as follows:
``Demands that Iraq comply fully with resolutions 660 (1990) and
all subsequent relevant resolutions, and decides, while maintaining all
its decisions, to allow Iraq one final opportunity, as a pause of
goodwill, to do so;
``Authorizes Member States cooperating with the Government of
Kuwait, unless Iraq on or before 15 January 1991 fully implements, as
set forth in paragraph 1 above, the foregoing resolutions, to use all
necessary means to uphold and implement resolution 660 (1990) and all
subsequent relevant resolutions and to restore international peace and
security in the area;''.
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(b) Requirement for Determination That Use of Military
Force Is Necessary.--Before exercising the authority granted in
subsection (a), the President shall make available to the
Speaker of the House of Representatives and the President pro
tempore of the Senate his determination that--
(1) the United States has used all appropriated
diplomatic and other peaceful means to obtain
compliance by Iraq with the United Nations Security
Council resolutions cited in subsection (a); and
(2) that those efforts have not been and would not be
successful in obtaining such compliance.
(c) War Powers Resolution Requirements.--
(1) Specific statutory authorization.--Consistent
with section 8(a)(1) of the War Powers Resolution, the
Congress declares that this section is intended to
constitute specific statutory authorization within the
meaning of section 5(b) of the War Powers Resolution.
(2) Applicability of other requirements.--Nothing in
this resolution supersedes any requirement of the War
Powers Resolution.
SEC. 3. REPORTS TO CONGRESS.
At least once every 90 \3\ days, the President \4\ shall
submit to the Congress a summary on the status of efforts to
obtain compliance by Iraq with the resolutions adopted by the
United Nations Security Council in response to Iraq's
aggression.
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\3\ Sec. 207 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 ``60'' and inserted in lieu thereof ``90''.
\4\ In a memorandum of July 2, 2004 (69 F.R. 43723; July 21, 2004;
50 U.S.C. 1541 note), the President delegated the reporting obligation
in sec. 3 to the Secretary of State.
g. Authorization for Use of Military Force in Somalia
Partial text of Public Law 103-139 [Department of Defense
Appropriations Act, 1994; H.R. 2519], 107 Stat. 1418 at 1475, approved
November 11, 1993
AN ACT Making appropriations for the Department of Defense for the
fiscal year ending September 30, 1994, 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 fiscal year ending
September 30, 1994, for military functions administered by the
Department of Defense, and for other purposes, namely:
* * * * * * *
Sec. 8151.\1\ (a) The Congress finds that--
---------------------------------------------------------------------------
\1\ 50 U.S.C. 1541 note.
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(1) the United States entered into Operation Restore
Hope in December of 1992 for the purpose of relieving
mass starvation in Somalia;
(2) the original mission in Somalia, to secure the
environment for humanitarian relief, had the unanimous
support of the Senate, expressed in Senate Joint
Resolution 45, passed on February 4, 1993, and was
endorsed by the House when it amended S.J. Res. 45 on
May 25, 1993;
(3) Operation Restore Hope was being successfully
accomplished by United States forces, working with
forces of other nations, when it was replaced by the
UNOSOM II mission, assumed by the United Nations on May
4, 1993, pursuant to United Nations Resolution 814 of
March 26, 1993;
(4) neither the expanded United Nations mission of
national reconciliation, nor the broad mission of
disarming the clans, nor any other mission not
essential to the performance of the humanitarian
mission has been endorsed or approved by the Senate;
(5) the expanded mission of the United Nations was,
subsequent to an attack upon United Nations forces,
diverted into a mission aimed primarily at capturing
certain persons, pursuant to United Nations Security
Council Resolution 837, of June 6, 1993;
(6) the actions of hostile elements in Mogadishu, and
the United Nations mission to subdue those elements,
have resulted in open conflict in the city of Mogadishu
and the deaths of 29 Americans, at least 159 wounded,
and the capture of American personnel; and
(7) during fiscal years 1992 and 1993, the United
States incurred expenses in excess of $1,100,000,000 to
support operations in Somalia.
(b) The Congress approves the use of United States Armed
Forces in Somalia for the following purposes:
(1) The protection of United States personnel and
bases; and
(2) The provision of assistance in securing open
lines of communication for the free flow of supplies
and relief operations through the provision of--
(A) United States military logistical support
services to United Nations forces; and
(B) United States combat forces in a security
role and as an interim force protection
supplement to United Nations units: Provided,
That funds appropriated, or otherwise made
available, in this or any other Act to the
Department of Defense may be obligated for
expenses incurred only through March 31, 1994,
for the operations of United States Armed
Forces in Somalia: Provided further, That such
date may be extended if so requested by the
President and authorized by the Congress:
Provided further, That funds may be obligated
beyond March 31, 1994 to support a limited
number of United States military personnel
sufficient only to protect American diplomatic
facilities and American citizens, and noncombat
personnel to advise the United Nations
commander in Somalia: Provided further, That
United States combat forces in Somalia shall be
under the command and control of United States
commanders under the ultimate direction of the
President of the United States: Provided
further, That the President should intensify
efforts to have United Nations member countries
immediately deploy additional troops to Somalia
to fulfill previous force commitments made to
the United Nations and to deploy additional
forces to assume the security missions of
United States Armed Forces: Provided further,
That--
(i) captured United States personnel
in Somalia should be treated humanely
and fairly; and
(ii) the United States and the United
Nations should make all appropriate
efforts to ensure the immediate and
safe return of any future captured
United States personnel: Provided
further, That the President should
ensure that, at all times, United
States military personnel in Somalia
have the capacity to defend themselves,
and American citizens: Provided
further, That the United States Armed
Forces should remain deployed in or
around Somalia until such time as all
American service personnel missing in
action in Somalia are accounted for,
and all American service personnel held
prisoner in Somalia are released:
Provided further, That nothing herein
shall be deemed to restrict in any way
the authority of the President under
the Constitution to protect the lives
of Americans.
* * * * * * *
h. U.S. Armed Forces in Somalia
Partial text of Public Law 103-160 [H.R. 2401], 107 Stat. 1547 at 1840,
approved November 30, 1993
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,
SEC. 1512.\1\ INVOLVEMENT OF ARMED FORCES IN SOMALIA.
(a) Sense of Congress Regarding United States Policy Toward
Somalia.--
(1) Since United States Armed Forces made significant
contributions under Operation Restore Hope towards the
establishment of a secure environment for humanitarian
relief operations and restoration of peace in the
region to end the humanitarian disaster that had
claimed more than 300,000 lives.
---------------------------------------------------------------------------
\1\ 50 U.S.C. 1541 note.
---------------------------------------------------------------------------
(2) Since the mission of United States forces in
support of the United Nations appears to be evolving
from the establishment of ``a secure environment for
humanitarian relief operations,'' as set out in United
Nations Security Council Resolution 794 of December 3,
1992, to one of internal security and nation building.
(b) Statement of Congressional Policy.--
(1) Consultation with the congress.--The President
should consult closely with the Congress regarding
United States policy with respect to Somalia, including
in particular the deployment of United States Armed
Forces in that country, whether under United Nations or
United States command.
(2) Planning.--The United States shall facilitate the
assumption of the functions of United States forces by
the United Nations.
(3) Reporting requirement.--
(A) The President shall ensure that the goals
and objectives supporting deployment of United
States forces to Somalia and a description of
the mission, command arrangements, size,
functions, location, and anticipated duration
in Somalia of those forces are clearly
articulated and provided in a detailed report
to the Congress by October 15, 1993.
(B) Such report shall include the status of
planning to transfer the function contained in
paragraph (2).
(4) Congressional approval.--Upon reporting under the
requirements of paragraph (3) Congress believes the
President should by November 15, 1993, seek and receive
congressional authorization in order for the deployment
of United States forces to Somalia to continue.
* * * * * * *
i. United States Military Forces in Lebanon
(1) Multinational Force in Lebanon Resolution \1\
Public Law 98-119 [S.J. Res. 159], 97 Stat. 805, approved October 12,
1983
A JOINT RESOLUTION Providing statutory authorization under the War
Powers Resolution for continued United States participation in the
multinational peacekeeping force in Lebanon in order to obtain
withdrawal of all foreign forces from Lebanon.
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled,
---------------------------------------------------------------------------
\1\ 50 U.S.C. 1541 note.
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short title
Section 1. This joint resolution may be cited as the
``Multinational Force in Lebanon Resolution''.
findings and purpose
Sec. 2. (a) The Congress finds that--
(1) the removal of all foreign forces from Lebanon is
an essential United States foreign policy objective in
the Middle East;
(2) in order to restore full control by the
Government of Lebanon over its own territory, the
United States is currently participating in the
multinational peacekeeping force (hereafter in this
resolution referred to as the ``Multinational Force in
Lebanon'') which was established in accordance with the
exchange of letters between the Governments of the
United States and Lebanon dated September 25, 1982;
(3) the Multinational Force in Lebanon better enables
the Government of Lebanon to establish its unity,
independence, and territorial integrity;
(4) progress toward national political reconciliation
in Lebanon is necessary; and
(5) United States Armed Forces participating in the
Multinational Force in Lebanon are now in hostilities
requiring authorization of their continued presence
under the War Powers Resolution.
(b) The Congress determines that the requirements of
section 4(a)(1) of the War Powers Resolution became operative
on August 29, 1983. Consistent with section 5(b) of the War
Powers Resolution, the purpose of this joint resolution is to
authorize the continued participation of United States Armed
Forces in the Multinational Force in Lebanon.
(c) The Congress intends this joint resolution to
constitute the necessary specific statutory authorization under
the War Powers Resolution for continued participation by United
States Armed Forces in the Multinational Force in Lebanon.
authorization for continued participation of united states armed forces
in the multinational force in lebanon
Sec. 3. The President is authorized, for purposes of
section 5(b) of the War Powers Resolution, to continue
participation by United States Armed Forces in the
Multinational Force in Lebanon, subject to the provisions of
section 6 of this joint resolution. Such participation shall be
limited to performance of the functions, and shall be subject
to the limitations, specified in the agreement establishing the
Multinational Force in Lebanon as set forth in the exchange of
letters between the Governments of the United States and
Lebanon dated September 25, 1982, except that this shall not
preclude such protective measures as may be necessary to ensure
the safety of the Multinational Force in Lebanon.
reports to the congress
Sec. 4. As required by section 4(c) of the War Powers
Resolution, the President shall report periodically to the
Congress with respect to the situation in Lebanon, but in no
event shall he report less often than once every three months.
In addition to providing the information required by that
section on the status, scope, and duration of hostilities
involving United States Armed Forces, such reports shall
describe in detail--
(1) the activities being performed by the
Multinational Force in Lebanon;
(2) the present composition of the Multinational
Force in Lebanon, including a description of the
responsibilities and deployment of the armed forces of
each participating country;
(3) the results of efforts to reduce and eventually
eliminate the Multinational Force in Lebanon;
(4) how continued United States participation in the
Multinational Force in Lebanon is advancing United
States foreign policy interests in the Middle East; and
(5) what progress has occurred toward national
political reconciliation among all Lebanese groups.
statements of policy
Sec. 5. (a) The Congress declares that the participation of
the armed forces of other countries in the Multinational Force
in Lebanon is essential to maintain the international character
of the peacekeeping function in Lebanon.
(b) The Congress believes that it should continue to be the
policy of the United States to promote continuing discussions
with Israel, Syria, and Lebanon with the objective of bringing
about the withdrawal of all foreign troops from Lebanon and
establishing an environment which will permit the Lebanese
Armed Forces to carry out their responsibilities in the Beirut
area.
(c) It is the sense of the Congress that, not later than
one year after the date of enactment of this joint resolution
and at least once a year thereafter, the United States should
discuss with the other members of the Security Council of the
United Nations the establishment of a United Nations
peacekeeping force to assume the responsibilities of the
Multinational Force in Lebanon. An analysis of the implications
of the response to such discussions for the continuation of the
Multinational Force in Lebanon shall be included in the reports
required under paragraph (3) of section 4 of this resolution.
duration of authorization for united states participation in the
multinational force in lebanon
Sec. 6. The participation of United States Armed Forces in
the Multinational Force in Lebanon shall be authorized for
purposes of the War Powers Resolution until the end of the
eighteen-month period beginning on the date of enactment of
this resolution unless the Congress extends such authorization,
except that such authorization shall terminate sooner upon the
occurrence of any one of the following:
(1) the withdrawal of all foreign forces from
Lebanon, unless the President determines and certifies
to the Congress that continued United States Armed
Forces participation in the Multinational Force in
Lebanon is required after such withdrawal in order to
accomplish the purposes specified in the September 25,
1982, exchange of letters providing for the
establishment of the Multinational Force in Lebanon; or
(2) the assumption by the United Nations or the
Government of Lebanon of the responsibilities of the
Multinational Force in Lebanon; or
(3) the implementation of other effective security
arrangements in the area; or
(4) the withdrawal of all other countries from
participation in the Multinational Force in Lebanon.
interpretation of this resolution
Sec. 7. (a) Nothing in this joint resolution shall preclude
the President from withdrawing United States Armed Forces
participation in the Multinational Force in Lebanon if
circumstances warrant and nothing in this joint resolution
shall preclude the Congress by joint resolution from directing
such a withdrawal.
(b) Nothing in this joint resolution modifies, limits, or
supersedes any provision of the War Powers Resolution or the
requirement of section 4(a) of the Lebanon Emergency Assistance
Act of 1983, relating to congressional authorization for any
substantial expansion in the number or role of United States
Armed Forces in Lebanon.
congressional priority procedures for amendments
Sec. 8. (a) Any joint resolution or bill introduced to
amend or repeal this Act shall be referred to the Committee on
Foreign Affairs \2\ of the House of Representatives or the
Committee on Foreign Relations of the Senate, as the case may
be. Such joint resolution or bill shall be considered by such
committee within fifteen calendar days and may be reported out,
together with its recommendations, unless such House shall
otherwise determine pursuant to its rules.
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\2\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that
references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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(b) Any joint resolution or bill so reported shall become
the pending business of the House in question (in the case of
the Senate the time for debate shall be equally divided between
the proponents and the opponents) and shall be voted on within
three calendar days thereafter, unless such House shall
otherwise determine by the yeas and nays.
(c) Such a joint resolution or bill passed by one House
shall be referred to the committee of the other House named in
subsection (a) and shall be reported out by such committee
together with its recommendations within fifteen calendar days
and shall thereupon become the pending business of such House
and shall be voted upon within three calendar days, unless such
House shall otherwise determine by the yeas and nays.
(d) In the case of any disagreement between the two Houses
of Congress with respect to a joint resolution or bill passed
by both Houses conferees shall be promptly appointed and the
committee of conference shall make and file a report with
respect to such joint resolution within six calendar days after
the legislation is referred to the committee of conference.
Notwithstanding any rule in either House concerning the
printing of conference reports in the Record or concerning any
delay in the consideration of such reports, such report shall
be acted on by both Houses not later than six calendar days
after the conference report is filed. In the event the
conferees are unable to agree within forty-eight hours, they
shall report back to their respective Houses in disagreement.
(2) Agreement Between the United States and Lebanon Regarding U.S.
Participation in the Multinational Force, Dated September 25, 1982
Your Excellency: I have the honor to refer to the urgent
discussions between representatives of our two Governments
concerning the recent tragic events which have occurred in the
Beirut area, and to consultations between my Government and the
Secretary General of the United Nations pursuant to United
Nations Security Council Resolution 521. On behalf of the
Republic of Lebanon, I wish to inform your Excellency's
Government of the determination of the Government of Lebanon to
restore its sovereignty and authority over the Beirut area and
thereby to assure the safety of persons in the area and bring
an end to violence that has recurred. To this end, Israeli
forces will withdraw from the Beirut area.
In its consultations with the Secretary General, the
Government of Lebanon has noted that the urgency of the
situation requires immediate action and the Government of
Lebanon, therefore, is, in conformity with the objectives in
U.N. Security Council Resolution 521, proposing to several
nations that they contribute forces to serve as a temporary
Multinational Force (MNF) in the Beirut area. The mandate of
the MNF will be to provide an interposition force at agreed
locations and thereby provide the multinational presence
requested by the Lebanese Government to assist it and the
Lebanese Armed Forces (LAF) in the Beirut area. This presence
will facilitate the restoration of Lebanese Government
sovereignty and authority over the Beirut area, and thereby
further efforts of my Government to assure the safety of
persons in the area and bring to an end the violence which has
tragically recurred. The MNF may undertake other functions only
by mutual agreement.
In the foregoing context, I have the honor to propose that
the United States of America deploy a force of approximately
1200 personnel to Beirut, subject to the following terms and
conditions:
--The American military force shall carry out appropriate
activities consistent with the mandate of the MNF.
--Command authority over the American force will be exercised
exclusively by the U.S. Government through existing
American military channels.
--The LAF and MNF will form a Liaison and Coordination
Committee, composed of representatives of the MNF
participating governments and chaired by the
representatives of my Government. The Liaison and
Coordination Committee will have two essential
components: (A) Supervisory liaison; and (B) Military
and technical liaison and coordination.
--The American force will operate in close coordination with
the LAF. To assure effective coordination with the LAF,
the American force will assign liaison officers to the
LAF and the Government of Lebanon will assign liaison
officers to the American force. The LAF liaison
officers to the American force will, inter alia,
perform liaison with the civilian population, and with
the U.N. observers and manifest the authority of the
Lebanese Government in all appropriate situations. The
American force will provide security for LAF personnel
operating with the U.S. contingent.
--In carrying out its mission, the American force will not
engage in combat. It may, however, exercise the right
of self-defense.
--It is understood that the presence of the American force
will be needed only for a limited period to meet the
urgent requirements posed by the current situation. The
MNF contributors and the Government of Lebanon will
consult fully concerning the duration of the MNF
presence. Arrangements for the departure of the MNF
will be the subject of special consultations between
the Government of Lebanon and the MNF participating
governments. The American force will depart Lebanon
upon any request of the Government of Lebanon or upon
the decision of the President of the United States.
--The Government of Lebanon and the LAF will take all
measures necessary to ensure the protection of the
American force's personnel, to include securing
assurance from all armed elements not now under the
authority of the Lebanese Government that they will
refrain from hostilities and not interfere with any
activities of the MNF.
--The American force will enjoy both the degree of freedom of
movement and the right to undertake those activities
deemed necessary for the performance of its mission for
the support of its personnel. Accordingly, it shall
enjoy the privileges and immunities accorded the
administrative and technical staff of the American
Embassy in Beirut, and shall be exempt from immigration
and customs requirements, and restrictions on entering
or departing Lebanon. Personnel, property, and
equipment of the American force introduced into Lebanon
shall be exempt from any form of tax, duty, charge, or
levy.
I have the further honor to propose, if the foregoing is
acceptable to your Excellency's Government, that Your
Excellency's reply to that effect, together with this note,
shall constitute an agreement between our two Governments.
Please accept, Your Excellency, the assurances of my
highest consideration.
Fouad Boutros,
Deputy Prime Minister/Minister of Foreign Affairs.
September 25, 1982.
Your Excellency: I have the honor to refer to your
Excellency's note of 25 September 1982 requesting the
deployment of an American force to the Beirut area. I am
pleased to inform you on behalf of my Government that the
United States is prepared to deploy temporarily a force of
approximately 1,200 personnel as part of a Multinational Force
(MNF) to establish an environment which will permit the
Lebanese Armed Forces (LAF) to carry out their responsibilities
in the Beirut area. It is understood that the presence of such
an American force will facilitate the restoration of Lebanese
Government sovereignty and authority over the Beirut area, an
objective which is fully shared by my Government, and thereby
further efforts of the Government of Lebanon to assure the
safety of persons in the area and bring to an end the violence
which has tragically recurred.
I have the further honor to inform you that my Government
accepts the terms and conditions concerning the presence of the
American force in the Beirut area as set forth in your note,
and that Your Excellency's note and this reply accordingly
constitute an agreement between our two Governments.
Robert Dillon,
U.S. Ambassador.
2. American Servicemembers' Protection Act of 2002
Title II of Public Law 107-206 [2002 Supplemental Appropriations Act
for Further Recovery From and Response To Terrorist Attacks on the
United States; H.R. 4775], 116 Stat. 820, approved August 2, 2002; 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 Making supplemental appropriations for further recovery from and
response to terrorist attacks on the United States for the fiscal year
ending September 30, 2002, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, * * *
* * * * * * *
TITLE II--AMERICAN SERVICEMEMBERS' PROTECTION ACT
SEC. 2001.\1\ SHORT TITLE.
This title may be cited as the ``American Servicemembers'
Protection Act of 2002''.
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\1\ 22 U.S.C. 7401 note.
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SEC. 2002.\2\ FINDINGS.
Congress makes the following findings:
---------------------------------------------------------------------------
\2\ 22 U.S.C. 7421.
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(1) On July 17, 1998, the United Nations Diplomatic
Conference of Plenipotentiaries on the Establishment of
an International Criminal Court, meeting in Rome,
Italy, adopted the ``Rome Statute of the International
Criminal Court''. The vote on whether to proceed with
the statute was 120 in favor to 7 against, with 21
countries abstaining. The United States voted against
final adoption of the Rome Statute.
(2) As of April 30, 2001, 139 countries had signed
the Rome Statute and 30 had ratified it. Pursuant to
Article 126 of the Rome Statute, the statute will enter
into force on the first day of the month after the 60th
day following the date on which the 60th country
deposits an instrument ratifying the statute.
(3) Since adoption of the Rome Statute, a Preparatory
Commission for the International Criminal Court has met
regularly to draft documents to implement the Rome
Statute, including Rules of Procedure and Evidence,
Elements of Crimes, and a definition of the Crime of
Aggression.
(4) During testimony before the Congress following
the adoption of the Rome Statute, the lead United
States negotiator, Ambassador David Scheffer stated
that the United States could not sign the Rome Statute
because certain critical negotiating objectives of the
United States had not been achieved. As a result, he
stated: ``We are left with consequences that do not
serve the cause of international justice.''.
(5) Ambassador Scheffer went on to tell the Congress
that: ``Multinational peacekeeping forces operating in
a country that has joined the treaty can be exposed to
the Court's jurisdiction even if the country of the
individual peacekeeper has not joined the treaty. Thus,
the treaty purports to establish an arrangement whereby
United States armed forces operating overseas could be
conceivably prosecuted by the international court even
if the United States has not agreed to be bound by the
treaty. Not only is this contrary to the most
fundamental principles of treaty law, it could inhibit
the ability of the United States to use its military to
meet alliance obligations and participate in
multinational operations, including humanitarian
interventions to save civilian lives. Other
contributors to peacekeeping operations will be
similarly exposed.''.
(6) Notwithstanding these concerns, President Clinton
directed that the United States sign the Rome Statute
on December 31, 2000. In a statement issued that day,
he stated that in view of the unremedied deficiencies
of the Rome Statute, ``I will not, and do not recommend
that my successor submit the Treaty to the Senate for
advice and consent until our fundamental concerns are
satisfied''.
(7) Any American prosecuted by the International
Criminal Court will, under the Rome Statute, be denied
procedural protections to which all Americans are
entitled under the Bill of Rights to the United States
Constitution, such as the right to trial by jury.
(8) Members of the Armed Forces of the United States
should be free from the risk of prosecution by the
International Criminal Court, especially when they are
stationed or deployed around the world to protect the
vital national interests of the United States. The
United States Government has an obligation to protect
the members of its Armed Forces, to the maximum extent
possible, against criminal prosecutions carried out by
the International Criminal Court.
(9) In addition to exposing members of the Armed
Forces of the United States to the risk of
international criminal prosecution, the Rome Statute
creates a risk that the President and other senior
elected and appointed officials of the United States
Government may be prosecuted by the International
Criminal Court. Particularly if the Preparatory
Commission agrees on a definition of the Crime of
Aggression over United States objections, senior United
States officials may be at risk of criminal prosecution
for national security decisions involving such matters
as responding to acts of terrorism, preventing the
proliferation of weapons of mass destruction, and
deterring aggression. No less than members of the Armed
Forces of the United States, senior officials of the
United States Government should be free from the risk
of prosecution by the International Criminal Court,
especially with respect to official actions taken by
them to protect the national interests of the United
States.
(10) Any agreement within the Preparatory Commission
on a definition of the Crime of Aggression that usurps
the prerogative of the United Nations Security Council
under Article 39 of the charter of the United Nations
to ``determine the existence of any . . . . act of
aggression'' would contravene the charter of the United
Nations and undermine deterrence.
(11) It is a fundamental principle of international
law that a treaty is binding upon its parties only and
that it does not create obligations for nonparties
without their consent to be bound. The United States is
not a party to the Rome Statute and will not be bound
by any of its terms. The United States will not
recognize the jurisdiction of the International
Criminal Court over United States nationals.
SEC. 2003.\3\ WAIVER AND TERMINATION OF PROHIBITIONS OF THIS TITLE.
(a) Authority To Initially Waive Section 2005 \4\.--The
President is authorized to waive the prohibitions and
requirements of section 2005 \4\ for a single period of 1 year.
A waiver under this subsection may be issued only if the
President at least 15 days in advance of exercising such
authority--
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\3\ 22 U.S.C. 7422.
\4\ Sec. 1212(b)(1)(A)(i) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 371) struck out
``Sections 5 and 7'' and inserted in lieu thereof ``Section 2005'' in
the heading. Sec. 1212(b)(1)(A)(ii) of that Act struck out ``sections 5
and 7'' from subsec. (a) and inserted in lieu thereof ``section 2005''.
---------------------------------------------------------------------------
(1) notifies the appropriate congressional committees
of the intention to exercise such authority; and
(2) determines and reports to the appropriate
congressional committees that the International
Criminal Court has entered into a binding agreement
that--
(A) prohibits the International Criminal
Court from seeking to exercise jurisdiction
over the following persons with respect to
actions undertaken by them in an official
capacity:
(i) covered United States persons;
(ii) covered allied persons; and
(iii) individuals who were covered
United States persons or covered allied
persons; and
(B) ensures that no person described in
subparagraph (A) will be arrested, detained,
prosecuted, or imprisoned by or on behalf of
the International Criminal Court.
(b) Authority To Extend Waiver of Section 2005 \5\.--The
President is authorized to waive the prohibitions and
requirements of section 2005 \5\ for successive periods of 1
year each upon the expiration of a previous waiver pursuant to
subsection (a) or this subsection. A waiver under this
subsection may be issued only if the President at least 15 days
in advance of exercising such authority--
---------------------------------------------------------------------------
\5\ Sec. 1212(b)(1)(B)(i) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 371) struck out
``Sections 5 and 7'' and inserted in lieu thereof ``Section 2005'' in
the heading. Sec. 1212(b)(1)(B)(ii) of that Act struck out ``sections 5
and 7'' from subsec. (a) and inserted in lieu thereof ``section 2005''.
---------------------------------------------------------------------------
(1) notifies the appropriate congressional committees
of the intention to exercise such authority; and
(2) determines and reports to the appropriate
congressional committees that the International
Criminal Court--
(A) remains party to, and has continued to
abide by, a binding agreement that--
(i) prohibits the International
Criminal Court from seeking to exercise
jurisdiction over the following persons
with respect to actions undertaken by
them in an official capacity:
(I) covered United States
persons;
(II) covered allied persons;
and
(III) individuals who were
covered United States persons
or covered allied persons; and
(ii) ensures that no person described
in clause (i) will be arrested,
detained, prosecuted, or imprisoned by
or on behalf of the International
Criminal Court; and
(B) has taken no steps to arrest, detain,
prosecute, or imprison any person described in
clause (i) of subparagraph (A).
(c) Authority To Waive Sections 4 and 6 With Respect to an
Investigation or Prosecution of a Named Individual.--The
President is authorized to waive the prohibitions and
requirements of sections 2004 and 2006 to the degree such
prohibitions and requirements would prevent United States
cooperation with an investigation or prosecution of a named
individual by the International Criminal Court. A waiver under
this subsection may be issued only if the President at least 15
days in advance of exercising such authority--
(1) notifies the appropriate congressional committees
of the intention to exercise such authority; and
(2) determines and reports to the appropriate
congressional committees that--
(A) a waiver pursuant to subsection (a) or
(b) of the prohibitions and requirements of
section 2005 \6\ is in effect;
---------------------------------------------------------------------------
\6\ Sec. 1212(b)(1)(C) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 371) struck out
``sections 2005 and 2007'' and inserted in lieu thereof ``section
2005''.
---------------------------------------------------------------------------
(B) there is reason to believe that the named
individual committed the crime or crimes that
are the subject of the International Criminal
Court's investigation or prosecution;
(C) it is in the national interest of the
United States for the International Criminal
Court's investigation or prosecution of the
named individual to proceed; and
(D) in investigating events related to
actions by the named individual, none of the
following persons will be investigated,
arrested, detained, prosecuted, or imprisoned
by or on behalf of the International Criminal
Court with respect to actions undertaken by
them in an official capacity:
(i) Covered United States persons.
(ii) Covered allied persons.
(iii) Individuals who were covered
United States persons or covered allied
persons.
(d) Termination of Waiver Pursuant to Subsection (c).--Any
waiver or waivers exercised pursuant to subsection (c) of the
prohibitions and requirements of sections 2004 and 2006 shall
terminate at any time that a waiver pursuant to subsection (a)
or (b) of the prohibitions and requirements of section 2005 \7\
expires and is not extended pursuant to subsection (b).
---------------------------------------------------------------------------
\7\ Sec. 1212(b)(1)(D) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 371) struck out
``sections 2005 and 2007'' and inserted in lieu thereof ``section
2005''.
---------------------------------------------------------------------------
(e) Termination of Prohibitions of This Title.--The
prohibitions and requirements of sections 2004, 2005, and 2006
\8\ shall cease to apply, and the authority of section 2008
shall terminate, if the United States becomes a party to the
International Criminal Court pursuant to a treaty made under
article II, section 2, clause 2 of the Constitution of the
United States.
---------------------------------------------------------------------------
\8\ Sec. 1212(b)(1)(E) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 371) struck out
``2006, and 2007'' and inserted in lieu thereof ``and 2006''.
---------------------------------------------------------------------------
SEC. 2004.\9\ PROHIBITION ON COOPERATION WITH THE INTERNATIONAL
CRIMINAL COURT.
(a) Application.--The provisions of this section--
---------------------------------------------------------------------------
\9\ 22 U.S.C. 7423.
---------------------------------------------------------------------------
(1) apply only to cooperation with the International
Criminal Court and shall not apply to cooperation with
an ad hoc international criminal tribunal established
by the United Nations Security Council before or after
the date of the enactment of this Act to investigate
and prosecute war crimes committed in a specific
country or during a specific conflict; and
(2) shall not prohibit--
(A) any action permitted under section 2008;
or
(B) communication by the United States of its
policy with respect to a matter.
(b) Prohibition on Responding to Requests for
Cooperation.--Notwithstanding section 1782 of title 28, United
States Code, or any other provision of law, no United States
Court, and no agency or entity of any State or local
government, including any court, may cooperate with the
International Criminal Court in response to a request for
cooperation submitted by the International Criminal Court
pursuant to the Rome Statute.
(c) Prohibition on Transmittal of Letters Rogatory from the
International Criminal Court.--Notwithstanding section 1781 of
title 28, United States Code, or any other provision of law, no
agency of the United States Government may transmit for
execution any letter rogatory issued, or other request for
cooperation made, by the International Criminal Court to the
tribunal, officer, or agency in the United States to whom it is
addressed.
(d) Prohibition on Extradition to the International
Criminal Court.--Notwithstanding any other provision of law, no
agency or entity of the United States Government or of any
State or local government may extradite any person from the
United States to the International Criminal Court, nor support
the transfer of any United States citizen or permanent resident
alien to the International Criminal Court.
(e) Prohibition on Provision of Support to the
International Criminal Court.--Notwithstanding any other
provision of law, no agency or entity of the United States
Government or of any State or local government, including any
court, may provide support to the International Criminal Court.
(f) Prohibition on Use of Appropriated Funds To Assist the
International Criminal Court.--Notwithstanding any other
provision of law, no funds appropriated under any provision of
law may be used for the purpose of assisting the investigation,
arrest, detention, extradition, or prosecution of any United
States citizen or permanent resident alien by the International
Criminal Court.
(g) Restriction on Assistance Pursuant to Mutual Legal
Assistance Treaties.--The United States shall exercise its
rights to limit the use of assistance provided under all
treaties and executive agreements for mutual legal assistance
in criminal matters, multilateral conventions with legal
assistance provisions, and extradition treaties, to which the
United States is a party, and in connection with the execution
or issuance of any letter rogatory, to prevent the transfer to,
or other use by, the International Criminal Court of any
assistance provided by the United States under such treaties
and letters rogatory.
(h) Prohibition on Investigative Activities of Agents.--No
agent of the International Criminal Court may conduct, in the
United States or any territory subject to the jurisdiction of
the United States, any investigative activity relating to a
preliminary inquiry, investigation, prosecution, or other
proceeding at the International Criminal Court.
SEC. 2005.\10\ RESTRICTION ON UNITED STATES PARTICIPATION IN CERTAIN
UNITED NATIONS PEACEKEEPING OPERATIONS.
(a) Policy.--Effective beginning on the date on which the
Rome Statute enters into force pursuant to Article 126 of the
Rome Statute, the President should use the voice and vote of
the United States in the United Nations Security Council to
ensure that each resolution of the Security Council authorizing
any peacekeeping operation under chapter VI of the charter of
the United Nations or peace enforcement operation under chapter
VII of the charter of the United Nations permanently exempts,
at a minimum, members of the Armed Forces of the United States
participating in such operation from criminal prosecution or
other assertion of jurisdiction by the International Criminal
Court for actions undertaken by such personnel in connection
with the operation.
---------------------------------------------------------------------------
\10\ 22 U.S.C. 7424.
---------------------------------------------------------------------------
(b) Restriction.--Members of the Armed Forces of the United
States may not participate in any peacekeeping operation under
chapter VI of the charter of the United Nations or peace
enforcement operation under chapter VII of the charter of the
United Nations, the creation of which is authorized by the
United Nations Security Council on or after the date that the
Rome Statute enters into effect pursuant to Article 126 of the
Rome Statute, unless the President has submitted to the
appropriate congressional committees a certification described
in subsection (c) with respect to such operation.
(c) Certification.--The certification referred to in
subsection (b) is a certification by the President that--
(1) members of the Armed Forces of the United States
are able to participate in the peacekeeping or peace
enforcement operation without risk of criminal
prosecution or other assertion of jurisdiction by the
International Criminal Court because, in authorizing
the operation, the United Nations Security Council
permanently exempted, at a minimum, members of the
Armed Forces of the United States participating in the
operation from criminal prosecution or other assertion
of jurisdiction by the International Criminal Court for
actions undertaken by them in connection with the
operation;
(2) members of the Armed Forces of the United States
are able to participate in the peacekeeping or peace
enforcement operation without risk of criminal
prosecution or other assertion of jurisdiction by the
International Criminal Court because each country in
which members of the Armed Forces of the United States
participating in the operation will be present either
is not a party to the International Criminal Court and
has not invoked the jurisdiction of the International
Criminal Court pursuant to Article 12 of the Rome
Statute, or has entered into an agreement in accordance
with Article 98 of the Rome Statute preventing the
International Criminal Court from proceeding against
members of the Armed Forces of the United States
present in that country; or
(3) the national interests of the United States
justify participation by members of the Armed Forces of
the United States in the peacekeeping or peace
enforcement operation.
SEC. 2006.\11\ PROHIBITION ON DIRECT OR INDIRECT TRANSFER OF CLASSIFIED
NATIONAL SECURITY INFORMATION AND LAW ENFORCEMENT
INFORMATION TO THE INTERNATIONAL CRIMINAL COURT.
(a) In General.--Not later than the date on which the Rome
Statute enters into force, the President shall ensure that
appropriate procedures are in place to prevent the transfer of
classified national security information and law enforcement
information to the International Criminal Court for the purpose
of facilitating an investigation, apprehension, or prosecution.
---------------------------------------------------------------------------
\11\ 22 U.S.C. 7425.
---------------------------------------------------------------------------
(b) Indirect Transfer.--The procedures adopted pursuant to
subsection (a) shall be designed to prevent the transfer to the
United Nations and to the government of any country that is
party to the International Criminal Court of classified
national security information and law enforcement information
that specifically relates to matters known to be under
investigation or prosecution by the International Criminal
Court, except to the degree that satisfactory assurances are
received from the United Nations or that government, as the
case may be, that such information will not be made available
to the International Criminal Court for the purpose of
facilitating an investigation, apprehension, or prosecution.
(c) Construction.--The provisions of this section shall not
be construed to prohibit any action permitted under section
2008.
SEC. 2007.\12\ [REPEALED--2008]
---------------------------------------------------------------------------
\12\ Formerly 22 U.S.C. 7426. This section prohibited military
assistance to governments of countries that are parties to the
International Criminal Court. Sec. 1212(a) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
371) repealed sec. 2007. Sec. 671 of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2008 (division J
of the Consolidated Appropriations Act, 2008; Public Law 110-161; 121
Stat. 2354) limits economic support fund assistance for states party to
the International Criminal Court. Sec. 671 of that Act provides as
follows:
---------------------------------------------------------------------------
``limitation on economic support fund assistance for certain foreign
governments that are parties to the international criminal court
---------------------------------------------------------------------------
``Sec. 671. (a) None of the funds made available in this Act under
the heading ``Economic Support Fund'' may be used to provide assistance
to the government of a country that is a party to the International
Criminal Court and has not entered into an agreement with the United
States pursuant to Article 98 of the Rome Statute preventing the
International Criminal Court from proceeding against United States
personnel present in such country.
``(b) The President may, with prior notice to Congress, waive the
prohibition of subsection (a) with respect to a North Atlantic Treaty
Organization (NATO) member country, a major non-NATO ally (including
Australia, Egypt, Israel, Japan, Jordan, Argentina, the Republic of
Korea, and New Zealand), Taiwan, or such other country as he may
determine if he determines and reports to the appropriate congressional
committees that it is important to the national interests of the United
States to waive such prohibition.
``(c) The President may, with prior notice to Congress, waive the
prohibition of subsection (a) with respect to a particular country if
he determines and reports to the appropriate congressional committees
that such country has entered into an agreement with the United States
pursuant to Article 98 of the Rome Statute preventing the International
Criminal Court from proceeding against United States personnel present
in such country.
``(d) The prohibition of this section shall not apply to countries
otherwise eligible for assistance under the Millennium Challenge Act of
2003, notwithstanding section 606(a)(2)(B) of such Act.''.
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SEC. 2008.\13\ AUTHORITY TO FREE MEMBERS OF THE ARMED FORCES OF THE
UNITED STATES AND CERTAIN OTHER PERSONS DETAINED OR
IMPRISONED BY OR ON BEHALF OF THE INTERNATIONAL
CRIMINAL COURT.
(a) Authority.--The President is authorized to use all
means necessary and appropriate to bring about the release of
any person described in subsection (b) who is being detained or
imprisoned by, on behalf of, or at the request of the
International Criminal Court.
---------------------------------------------------------------------------
\13\ 22 U.S.C. 7427.
---------------------------------------------------------------------------
(b) Persons Authorized To Be Freed.--The authority of
subsection (a) shall extend to the following persons:
(1) Covered United States persons.
(2) Covered allied persons.
(3) Individuals detained or imprisoned for official
actions taken while the individual was a covered United
States person or a covered allied person, and in the
case of a covered allied person, upon the request of
such government.
(c) Authorization of Legal Assistance.--When any person
described in subsection (b) is arrested, detained,
investigated, prosecuted, or imprisoned by, on behalf of, or at
the request of the International Criminal Court, the President
is authorized to direct any agency of the United States
Government to provide--
(1) legal representation and other legal assistance
to that person (including, in the case of a person
entitled to assistance under section 1037 of title 10,
United States Code, representation and other assistance
in the manner provided in that section);
(2) exculpatory evidence on behalf of that person;
and
(3) defense of the interests of the United States
through appearance before the International Criminal
Court pursuant to Article 18 or 19 of the Rome Statute,
or before the courts or tribunals of any country.
(d) Bribes and Other Inducements Not Authorized.--This
section does not authorize the payment of bribes or the
provision of other such incentives to induce the release of a
person described in subsection (b).
SEC. 2009.\14\ ALLIANCE COMMAND ARRANGEMENTS.
(a) Report on Alliance Command Arrangements.--Not later
than 6 months after the date of the enactment of this Act, the
President should transmit to the appropriate congressional
committees a report with respect to each military alliance to
which the United States is party--
---------------------------------------------------------------------------
\14\ 22 U.S.C. 7428.
---------------------------------------------------------------------------
(1) describing the degree to which members of the
Armed Forces of the United States may, in the context
of military operations undertaken by or pursuant to
that alliance, be placed under the command or
operational control of foreign military officers
subject to the jurisdiction of the International
Criminal Court because they are nationals of a party to
the International Criminal Court; and
(2) evaluating the degree to which members of the
Armed Forces of the United States engaged in military
operations undertaken by or pursuant to that alliance
may be exposed to greater risks as a result of being
placed under the command or operational control of
foreign military officers subject to the jurisdiction
of the International Criminal Court.
(b) Description of Measures To Achieve Enhanced Protection
for Members of the Armed Forces of the United States.--Not
later than 1 year after the date of the enactment of this Act,
the President should transmit to the appropriate congressional
committees a description of modifications to command and
operational control arrangements within military alliances to
which the United States is a party that could be made in order
to reduce any risks to members of the Armed Forces of the
United States identified pursuant to subsection (a)(2).
(c) Submission in Classified Form.--The report under
subsection (a), and the description of measures under
subsection (b), or appropriate parts thereof, may be submitted
in classified form.
SEC. 2010.\15\ WITHHOLDINGS.
Funds withheld from the United States share of assessments
to the United Nations or any other international organization
during any fiscal year pursuant to section 705 of the Admiral
James W. Nance and Meg Donovan Foreign Relations Authorization
Act, Fiscal Years 2000 and 2001 (as enacted by section
1000(a)(7) of Public Law 106-113; 113 Stat. 1501A-460), are
authorized to be transferred to the Embassy Security,
Construction and Maintenance Account of the Department of
State.
---------------------------------------------------------------------------
\15\ 22 U.S.C. 7429.
---------------------------------------------------------------------------
SEC. 2011.\16\ APPLICATION OF SECTIONS 2004 AND 2006 TO EXERCISE OF
CONSTITUTIONAL AUTHORITIES.
(a) In General.--Sections 2004 and 2006 shall not apply to
any action or actions with respect to a specific matter
involving the International Criminal Court taken or directed by
the President on a case-by-case basis in the exercise of the
President's authority as Commander in Chief of the Armed Forces
of the United States under article II, section 2 of the United
States Constitution or in the exercise of the executive power
under article II, section 1 of the United States Constitution.
---------------------------------------------------------------------------
\16\ 22 U.S.C. 7430.
---------------------------------------------------------------------------
(b) Notification to Congress.--
(1) In general.--Subject to paragraph (2), not later
than 15 days after the President takes or directs an
action or actions described in subsection (a) that
would otherwise be prohibited under section 2004 or
2006, the President shall submit a notification of such
action to the appropriate congressional committees. A
notification under this paragraph shall include a
description of the action, a determination that the
action is in the national interest of the United
States, and a justification for the action.
(2) Exception.--If the President determines that a
full notification under paragraph (1) could jeopardize
the national security of the United States or
compromise a United States law enforcement activity,
not later than 15 days after the President takes or
directs an action or actions referred to in paragraph
(1) the President shall notify the appropriate
congressional committees that an action has been taken
and a determination has been made pursuant to this
paragraph. The President shall provide a full
notification under paragraph (1) not later than 15 days
after the reasons for the determination under this
paragraph no longer apply.
(c) Construction.--Nothing in this section shall be
construed as a grant of statutory authority to the President to
take any action.
SEC. 2012.\17\ NONDELEGATION.
The authorities vested in the President by sections 2003
and 2011(a) may not be delegated by the President pursuant to
section 301 of title 3, United States Code, or any other
provision of law. The authority vested in the President by
section 2005(c)(3) may not be delegated by the President
pursuant to section 301 of title 3, United States Code, or any
other provision of law to any official other than the Secretary
of Defense, and if so delegated may not be subdelegated.
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\17\ 22 U.S.C. 7431.
---------------------------------------------------------------------------
SEC. 2013.\18\ DEFINITIONS.
As used in this title and in section 706 of the Admiral
James W. Nance and Meg Donovan Foreign Relations Authorization
Act, Fiscal Years 2000 and 2001:
---------------------------------------------------------------------------
\18\ 22 U.S.C. 7432.
---------------------------------------------------------------------------
(1) Appropriate congressional committees.--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.
(2) Classified national security information.--The
term ``classified national security information'' means
information that is classified or classifiable under
Executive Order 12958 or a successor Executive order.
(3) Covered allied persons.--The term ``covered
allied persons'' means military personnel, elected or
appointed officials, and other persons employed by or
working on behalf of the government of a NATO member
country, a major non-NATO ally (including Australia,
Egypt, Israel, Japan, Jordan, Argentina, the Republic
of Korea, and New Zealand), or Taiwan, for so long as
that government is not a party to the International
Criminal Court and wishes its officials and other
persons working on its behalf to be exempted from the
jurisdiction of the International Criminal Court.
(4) Covered united states persons.--The term
``covered United States persons'' means members of the
Armed Forces of the United States, elected or appointed
officials of the United States Government, and other
persons employed by or working on behalf of the United
States Government, for so long as the United States is
not a party to the International Criminal Court.
(5) Extradition.--The terms ``extradition'' and
``extradite'' mean the extradition of a person in
accordance with the provisions of chapter 209 of title
18, United States Code, (including section 3181(b) of
such title) and such terms include both extradition and
surrender as those terms are defined in Article 102 of
the Rome Statute.
(6) International criminal court.--The term
``International Criminal Court'' means the court
established by the Rome Statute.
(7) Major non-nato ally.--The term ``major non-NATO
ally'' means a country that has been so designated in
accordance with section 517 of the Foreign Assistance
Act of 1961.
(8) Participate in any peacekeeping operation under
chapter vi of the charter of the united nations or
peace enforcement operation under chapter vii of the
charter of the united nations.--The term ``participate
in any peacekeeping operation under chapter VI of the
charter of the United Nations or peace enforcement
operation under chapter VII of the charter of the
United Nations'' means to assign members of the Armed
Forces of the United States to a United Nations
military command structure as part of a peacekeeping
operation under chapter VI of the charter of the United
Nations or peace enforcement operation under chapter
VII of the charter of the United Nations in which those
members of the Armed Forces of the United States are
subject to the command or operational control of one or
more foreign military officers not appointed in
conformity with article II, section 2, clause 2 of the
Constitution of the United States.
(9) Party to the international criminal court.--The
term ``party to the International Criminal Court''
means a government that has deposited an instrument of
ratification, acceptance, approval, or accession to the
Rome Statute, and has not withdrawn from the Rome
Statute pursuant to Article 127 thereof.
(10) Peacekeeping operation under chapter vi of the
charter of the united nations or peace enforcement
operation under chapter vii of the charter of the
united nations.--The term ``peacekeeping operation
under chapter VI of the charter of the United Nations
or peace enforcement operation under chapter VII of the
charter of the United Nations'' means any military
operation to maintain or restore international peace
and security that--
(A) is authorized by the United Nations
Security Council under chapter VI or VII of the
charter of the United Nations; and
(B) is paid for from assessed contributions
of United Nations members that are made
available for peacekeeping or peace enforcement
activities.
(11) Rome statute.--The term ``Rome Statute'' means
the Rome Statute of the International Criminal Court,
adopted by the United Nations Diplomatic Conference of
Plenipotentiaries on the Establishment of an
International Criminal Court on July 17, 1998.
(12) \19\ Support.--The term ``support'' means
assistance of any kind, including financial support,
transfer of property or other material support,
services, intelligence sharing, law enforcement
cooperation, the training or detail of personnel, and
the arrest or detention of individuals.
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\19\ Sec. 1212(b)(2) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 371) struck out para.
(13) of this section. The paragraph formerly read as follows:
``(13) United states military assistance.--The term `United States
military assistance' means--
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``(A) assistance provided under chapter 2 or 5 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.); or
``(B) defense articles or defense services furnished with the financial
assistance of the United States Government, including through loans and
guarantees, under section 23 of the Arms Export Control Act (22 U.S.C.
2763).''.
SEC. 2014. REPEAL OF LIMITATION.
The Department of Defense Appropriations Act, 2002
(division A of Public Law 107-117) is amended by striking
section 8173.
SEC. 2015.\20\ ASSISTANCE TO INTERNATIONAL EFFORTS.
Nothing in this title shall prohibit the United States from
rendering assistance to international efforts to bring to
justice Saddam Hussein, Slobodan Milosovic, Osama bin Laden,
other members of Al Queda, leaders of Islamic Jihad, and other
foreign nationals accused of genocide, war crimes or crimes
against humanity.
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\20\ 22 U.S.C. 7433.
3. Cuban Resolution
Public Law 87-733 [S.J. Res. 230], 76 Stat. 697, approved October 3,
1962 \1\
JOINT RESOLUTION Expressing the determination of the United States with
respect to the situation in Cuba.
Whereas President James Monroe, announcing the Monroe Doctrine
in 1823, declared that the United States would consider any
attempt on the part of European powers to ``extend their
system to any portion of this hemisphere as dangerous to
our peace and safety''; and
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\1\ See also the Supplemental Appropriations Act, 1982 (Public Law
97-257; 96 Stat. 833), under the heading ``caribbean basin
initiative'', which states that no funds may be obligated or expended
in a manner inconsistent with Public Law 87-733. See also sec. 1543 of
the Department of Defense Authorization Act, 1985 (Public Law 98-525;
98 Stat. 2639), which reaffirmed Public Law 87-733.
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Whereas in the Rio Treaty of 1947 the parties agreed that ``an
armed attack by any State against an American State shall
be considered as an attack against all the American States,
and, consequently, each one of the said contracting parties
undertakes to assist in meeting the attack in the exercise
of the inherent right of individual or collective self-
defense recognized by article 51 of the Charter of the
United Nations''; and
Whereas the Foreign Ministers of the Organization of American
States at Punta del Este in January 1962 declared: ``the
present Government of Cuba has identified itself with the
principles of Marxist-Leninist ideology, has established a
political, economic, and social system based on that
doctrine, and accepts military assistance from
extracontinental Communist powers, including even the
threat of military intervention in America on the part of
the Soviet Union''; and
Whereas the International Communist movement has increasingly
extended into Cuba its political, economic, and military
sphere of influence: Now, therefore, be it
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That the United
States is determined--
(a) to prevent by whatever means may be necessary,
including the use of arms, the Marxist-Leninist regime
in Cuba from extending, by force or the threat of
force, its aggressive or subversive activities to any
part of this hemisphere;
(b) to prevent in Cuba the creation or use of an
externally supported military capability endangering
the security of the United States; and
(c) to work with the Organization of American States
and with freedom-loving Cubans to support the
aspirations of the Cuban people for self-determination.
4. Middle East Resolutions and Related Material \1\
a. Resolution to Promote Peace and Stability in the Middle East
Public Law 85-7 [H.J. Res. 117], 71 Stat. 5, approved March 9, 1957; as
amended by Public Law 87-195 [Foreign Assistance Act of 1961, S. 1983],
75 Stat. 424, approved September 4, 1961
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\1\ See also legislation under War Powers.
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JOINT RESOLUTION To promote peace and stability in the Middle East.
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That the
President be and hereby is authorized to cooperate with and
assist any nation or group of nations in the general area of
the Middle East desiring such assistance in the development of
economic strength dedicated to the maintenance of national
independence.
Sec. 2.\2\ The President is authorized to undertake, in the
general area of the Middle East, military assistance programs
with any nation or group of nations of that area desiring such
assistance. Furthermore, the United States regards as vital to
the national interest and world peace the preservation of the
independence and integrity of the nations of the Middle East.
To this end, if the President determines the necessity thereof,
the United States is prepared to use armed forces to assist any
nation or group of such nations requesting assistance against
armed aggression from any country controlled by international
communism: Provided, That such employment shall be consonant
with the treaty obligations of the United States and with the
Constitution of the United States.
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\2\ 22 U.S.C. 1961. Sec. 103(c) of the FRIENDSHIP Act (Public Law
103-199; 107 Stat. 2320), relating to statutory provisions applicable
to the Soviet Union, provided the following:
``(c) Findings and Affirmation.--The Congress finds and affirms
that provisions such as those described in this section, including--
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``(1)-(7) * * *
``(8) section 2 of the joint resolution entitled ``A joint resolution to
promote peace and stability in the Middle East'', approved March 9, 1957
(Public Law 85-7) * * *
``(9) * * *
``should not be construed as being directed against Russia, Ukraine, or the
other independent states of the former Soviet Union, connoting an
adversarial relationship between the United States and the independent
states, or signifying or implying in any manner unfriendliness toward the
independent states.''.
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For complete list of related statutes, see sec. 103 of the
FRIENDSHIP Act, in Legislation on Foreign Relations Through 2008, vol.
I-B.
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Sec. 3.\3\ The President is hereby authorized to use during
the balance of fiscal year 1957 for economic and military
assistance under this joint resolution not to exceed
$200,000,000 from any appropriation now available for carrying
out the provisions of the Mutual Security Act of 1954, as
amended, in accord with the provisions of such Act: Provided,
That, whenever the President determines it to be important to
the security of the United States, such use may be under the
authority of section 401(a) of the Mutual Security Act of 1954,
as amended (except that the provisions of section 105(a)
thereof shall not be waived), and without regard to the
provisions of section 105 of the Mutual Security Appropriation
Act, 1957: Provided, further, That obligations incurred in
carrying out the purposes of the first sentence of section 2 of
this joint resolution shall be paid only out of appropriations
for military assistance, and obligations incurred in carrying
out the purposes of the first section of this joint resolution
shall be paid only out of appropriations other than those for
military assistance. This authorization is in addition to other
existing authorizations with respect to the use of such
appropriations. None of the additional authorizations contained
in this section shall be used until fifteen days after the
Committee on Foreign Relations of the Senate, the Committee on
Foreign Affairs of the House of Representatives, the Committees
on Appropriations of the Senate and the House of
Representatives and, when military assistance is involved, the
Committees on Armed Services of the Senate and the House of
Representatives \4\ have been furnished a report showing the
object of the proposed use, the country for the benefit of
which such use is intended, and the particular appropriation or
appropriations for carrying out the provisions of the Mutual
Security Act of 1954, as amended, from which the funds are
proposed to be derived: Provided, That funds available under
this section during the balance of fiscal year 1957 shall, in
the case of any such report submitted during the last fifteen
days of the fiscal year, remain available for use under this
section for the purposes stated in such report for a period of
twenty days following the date of submission of such report.
Nothing contained in this joint resolution shall be construed
as itself authorizing the appropriation of additional funds for
the purpose of carrying out the provisions of the first section
or of the first sentence of section 2 of this joint resolution.
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\3\ 22 U.S.C. 1962.
\4\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that
references to the Committee on Armed Services of the House of
Representatives shall be treated as referring to the Committee on
National Security of the House of Representatives. Sec. 1(a)(5) of that
Act provided that references to the Committee on Foreign Affairs shall
be treated as referring to the Committee on International Relations.
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Sec. 4.\5\ The President should continue to furnish
facilities and military assistance, within the provisions of
applicable law and established policies, to the United Nations
Emergency Force in the Middle East, with a view to maintaining
the truce in that region.
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\5\ 22 U.S.C. 1963.
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Sec. 5.\6\ The President shall whenever appropriate \7\
report to the Congress his action hereunder.
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\6\ 22 U.S.C. 1964.
\7\ Sec. 705 of the Foreign Assistance Act of 1961 (Public Law 87-
195) struck out ``within the months of January and July of each year''
and inserted in lieu thereof ``whenever appropriate''.
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Sec. 6.\8\ This joint resolution shall expire when the
President shall determine that the peace and security of the
nations in the general area of the Middle East are reasonably
assured by international conditions created by action of the
United Nations or otherwise except that it may be terminated
earlier by a concurrent resolution of the two Houses of
Congress.
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\8\ 22 U.S.C. 1965.
b. Multinational Force and Observers Participation Resolution
Public Law 97-132 [S.J. Res. 100], 95 Stat. 1693, approved December 29,
1981; as amended by Public Law 107-107 [National Defense Authorization
Act for Fiscal Year 2002; S. 1438], 115 Stat. 1012, approved December
28, 2001
A JOINT RESOLUTION To authorize the participation of the United States
in a multinational force and observers to implement the Treaty of Peace
between Egypt and Israel.
Whereas the Treaty of Peace between Egypt and Israel signed on
March 26, 1979, calls for the supervision of security
arrangements to be undertaken by United Nations forces and
observers; and
Whereas the United Nations has been unable to assume those
responsibilities at this time; and
Whereas a Protocol signed on August 3, 1981, by the Government
of the Arab Republic of Egypt and the Government of the
State of Israel provides for the creation of an alternative
Multinational Force and Observers to implement the Treaty
of Peace; and
Whereas the Government of the Arab Republic of Egypt and the
Government of the State of Israel have requested that the
United States participate in the Multinational Force and
Observers: Now, therefore, be it
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled,
short title
Section 1. This joint resolution may be cited as the
``Multinational Force and Observers Participation Resolution''.
statement of policy
Sec. 2.\1\ The Congress considers the establishment of the
Multinational Force and Observers to be an essential stage in
the development of a comprehensive settlement in the Middle
East. The Congress enacts this resolution with the hope and
expectation that establishment of the Multinational Force and
Observers will assist Egypt and Israel in fulfilling the Camp
David accords and bring about the establishment of a self-
governing authority in order to provide full autonomy in the
West Bank and Gaza.
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\1\ 22 U.S.C. 3421.
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participation of united states personnel in the multinational force and
observers
Sec. 3.\2\ (a)(1) Subject to the limitations contained in
this resolution, the President is authorized to assign, under
such terms and conditions as he may determine, members of the
United States Armed Forces to participate in the Multinational
Force and Observers.
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\2\ 22 U.S.C. 3422.
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(2) The Congress declares that the participation of the
military personnel of other countries in the Multinational
Force and Observers is essential to maintain the international
character of the peacekeeping function in the Sinai:
Accordingly--
(A) before the President assigns or details members
of the United States Armed Forces to the Multinational
Force and Observers, he shall notify the Congress of
the names of the other countries that have agreed to
provide military personnel for the Multinational Force
and Observers, the number of military personnel to be
provided by each country, and the functions to be
performed by such personnel; and
(B) if a country withdraws from the Multinational
Force and Observers with the result that the military
personnel of less than four foreign countries remain,
every possible effort must be made by the United States
to find promptly a country to replace that country.
(3) Members of the United States Armed Forces, and United
States civilian personnel, who are assigned, detailed or
otherwise provided to the Multinational Force and Observers may
perform only those functions or responsibilities which are
specified for United Nations Forces and Observers in the Treaty
of Peace and in accordance with the Protocol.
(4) The number of members of the United States Armed Forces
who are assigned or detailed by the United States Government to
the Multinational Force and Observers may not exceed 1,200 at
any one time.
(b) Subject to the limitations contained in this
resolution, the President is authorized to provide, under such
terms and conditions as he may determine, United States
civilian personnel to participate as observers in the
Multinational Force and Observers.
(c) The status of United States Government personnel
assigned to the Multinational Force and Observers under
subsection (a)(1) or (b) of this section shall be as provided
in section 629 of the Foreign Assistance Act of 1961.
united states contributions to costs
Sec. 4.\3\ (a) In accordance with the agreement set forth
in the exchanges of letters between the United States and Egypt
and between the United States and Israel which were signed on
August 3, 1981, the United States share of the costs of the
Multinational Force and Observers--
---------------------------------------------------------------------------
\3\ 22 U.S.C. 3423.
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(1) shall not exceed 60 percent of the budget for the
expenses connected with the establishment and initial
operation of the Multinational Force and Observers
during the period ending September 30, 1982; and
(2) shall not exceed 33\1/3\ percent of the budget
for the annual operating expenses of the Multinational
Force and Observers for each financial year beginning
after that date.
(b)(1) There are authorized to be appropriated to the
President to carry out chapter 6 of part II of the Foreign
Assistance Act of 1961, in addition to amounts otherwise
available to carry out that chapter, $125,000,000 for the
fiscal year 1982 for use in paying the United States
contribution to the budget of the Multinational Force and
Observers. Amounts appropriated under this subsection \4\ are
authorized to remain available until expended.
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\4\ Sec. 138 of Public Law 97-51 (95 Stat. 967), making continuing
appropriations for fiscal year 1982, provided $125 million in
appropriations for U.S. participation in the Multinational Force and
Observers.
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(2) Expenditures made pursuant to section 138 of the joint
resolution entitled ``Joint Resolution making continuing
appropriations for the fiscal year 1982, and for other
purposes'', approved October 1, 1981 (Public Law 97-51), or
pursuant to any subsequent corresponding provision applicable
to the fiscal year 1982, shall be charged to the appropriation
authorized by this subsection.
(c) Unless required by law, reimbursements to the United
States by the Multinational Force and Observers shall be on the
basis of identifiable costs actually incurred as a result of
requirements imposed by the Multinational Force and Observers,
and shall not include administrative surcharges.
nonreimbursed costs
Sec. 5.\5\ (a) Any agency of the United States Government
is authorized to provide administrative and technical support
and services to the Multinational Force and Observers, without
reimbursement and upon such terms and conditions as the
President may direct, when the provision of such support or
services would not result in significant incremental costs to
the United States.
---------------------------------------------------------------------------
\5\ 22 U.S.C. 3424.
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(b) The provision by the United States to the Multinational
Force and Observers under the authority of this resolution or
any other law of any property, support, or services, including
the provision of military and civilian personnel under section
3 of this resolution, on other than a reimbursable basis, shall
be kept to a minimum.
(c) The President may provide military training to members
of the armed forces of other countries participating in the
Multinational Force and Observers.
(d)(1) \6\ The United States may use contractors to provide
logistical support to the Multinational Force and Observers
under this section in lieu of providing such support through a
logistical support unit comprised of members of the United
States Armed Forces.
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\6\ Sec. 1211 of the National Defense Authorization Act for Fiscal
Year 2002 (Public Law 107-107; 115 Stat. 1248) added subsec. (d) to
sec. 5.
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(2) Notwithstanding subsections (a) and (b) and section
7(b), support by a contractor under this subsection may be
provided without reimbursement whenever the President
determines that such action enhances or supports the national
security interests of the United States.
reports to the congress \7\
Sec. 6.\8\ (a) Not later than April 30, 1982, the President
shall transmit to the Speaker of the House of Representatives,
and to the chairman of the Committee on Foreign Relations of
the Senate, a detailed written report with respect to the
period ending two weeks prior to that date which contains the
information specified in subsection (b).
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\7\ Pursuant to Executive Order 12361 (47 F.R. 18313; April 29,
1982), the reporting functions required under this section were
delegated to the Secretary of State. Such Executive Order further
instructed the Secretary to consult with the Director of OMB, the
Secretary of Defense, the Director of ACDA, the Assistant to the
President for National Security Affairs, and the heads of other
Executive agencies, as appropriate, in exercising this responsibility.
\8\ 22 U.S.C. 3425.
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(b) Not later than January 15 of each year (beginning in
1983), the President shall transmit to the Speaker of the House
of Representatives, and to the chairman of the Committee on
Foreign Relations of the Senate, a written report which
describes--
(1) the activities performed by the Multinational
Force and Observers during the preceding year;
(2) the composition of the Multinational Force and
Observers, including a description of the
responsibilities and deployment of the military
personnel of each participating country;
(3) all costs incurred by the United States
Government (including both normal and incremental
costs), set forth by category, which are associated
with the United States relationship with the
Multinational Force and Observers and which were
incurred during the preceding fiscal year (whether or
not the United States was reimbursed for those costs),
specifically including but not limited to--
(A) the costs associated with the United
States units and personnel participating in the
Multinational Force and Observers (including
salaries, allowances, retirement and other
benefits, transportation, housing, and
operating and maintenance costs), and
(B) the identifiable costs relating to
property, support, and services provided by the
United States to the Multinational Force and
Observers;
(4) the costs which the United States Government
would have incurred in maintaining in the United States
those United States units and personnel participating
in the Multinational Force and Observers;
(5) amounts received by the United States Government
from the Multinational Force and Observers as
reimbursement;
(6) the types of property, support, or services
provided to the Multinational Force and Observers by
the United States Government, including identification
of the types of property, support, or services provided
on a nonreimbursable basis; and
(7) the results of any discussions with Egypt and
Israel regarding the future of the Multinational Force
and Observers and its possible reduction or
elimination.
(c)(1) The reports required by this section shall be as
detailed as possible.
(2) The information pursuant to subsection (b)(3) shall, in
the case of costs which are not identifiable, be set forth with
reasonable accuracy.
(3) The information with respect to any administrative and
technical support and services provided on a nonreimbursed
basis under section 5(a) of this resolution shall include a
description of the types of support and services which have
been provided and an estimate of both the total costs of such
support and services and the incremental costs incurred by the
United States with respect to such support and services.
statements of congressional intent
Sec. 7.\9\ (a) Nothing in this resolution is intended to
signify approval by the Congress of any agreement,
understanding, or commitment made by the Executive branch other
than the agreement to participate in the Multinational Force
and Observers as set forth in the exchanges of letters between
the United States and Egypt and between the United States and
Israel which were signed on August 3, 1981.
---------------------------------------------------------------------------
\9\ 22 U.S.C. 3426.
---------------------------------------------------------------------------
(b) The limitations contained in this resolution with
respect to United States participation in the Multinational
Force and Observers apply to the exercise of the authorities
provided by this resolution or provided by any other provision
of law. No funds appropriated by the Congress may be obligated
or expended for any activity which is contrary to the
limitations contained in this resolution.
(c) Nothing in this resolution shall affect the
responsibilities of the President or the Congress under the War
Powers Resolution (Public Law 93-148).
definitions
Sec. 8.\10\ As used in this resolution--
---------------------------------------------------------------------------
\10\ 22 U.S.C. 3427.
---------------------------------------------------------------------------
(1) the term ``Multinational Force and Observers''
means the Multinational Force and Observers established
in accordance with the Protocol between Egypt and
Israel signed on August 3, 1981, relating to the
implementation of the security arrangements of the
Treaty of Peace; and
(2) the term ``Treaty of Peace'' means the Treaty of
Peace between the Arab Republic and Egypt and the State
of Israel signed on March 26, 1979, including the
Annexes thereto.
c. Multinational Force and Observers Reports
Executive Order 12361, April 27, 1982, 47 F.R. 18313, 22 U.S.C. 3425
note
By the authority vested in me as President of the United
States of America by the Multinational Force and Observers
Participation Resolution (Public Law 97-132, 95 Stat. 1693) and
Section 301 of Title 3 of the United States Code, it is hereby
ordered as follows:
Section 1. Delegation of Functions. The reporting function
conferred upon the President by Section 6 of the Multinational
Force and Observers Participation Resolution (22 U.S.C. 3425)
is delegated to the Secretary of State.
Sec. 2. Interagency Coordination. In the exercise of the
function conferred on the Secretary of State by Section 1 of
this Order, the Secretary of State shall consult with the
Director of the Office of Management and Budget, the Secretary
of Defense, the Director of the United States Arms Control and
Disarmament Agency, the Assistant to the President for National
Security Affairs, and the heads of other Executive agencies as
appropriate.
d. Implementing the United States Proposal for the Early-Warning System
in Sinai
Public Law 94-110 [H.J. Res. 683], 89 Stat. 572, approved October 13,
1975 \1\
JOINT RESOLUTION To implement the United States proposal for the early-
warning system in Sinai.
Whereas an agreement signed on September 4, 1975, by the
Government of the Arab Republic of Egypt and the Government
of Israel may, when it enters into force, constitute a
significant step toward peace in the Middle East;
---------------------------------------------------------------------------
\1\ 22 U.S.C. 2348 note.
---------------------------------------------------------------------------
Whereas the President of the United States on September 1,
1975, transmitted to the Government of the Arab Republic of
Egypt and to the Government of Israel identical proposals
for United States participation in an early-warning system,
the text of which has been submitted to the Congress,
providing for the assignment of no more than two hundred
United States civilian personnel to carry out certain
specified noncombat functions and setting forth the terms
and conditions thereof;
Whereas that proposal would permit the Government of the United
States to withdraw such personnel if it concludes that
their safety is jeopardized or that continuation of their
role is no longer necessary; and
Whereas the implementation of the United States proposal for
the early-warning system in Sinai may enhance the prospect
of compliance in good faith with the terms of the Egyptian-
Israeli agreements and thereby promote the cause of peace:
Now, therefore, be it
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That the
President is authorized to implement the ``United States
Proposal for the Early Warning System in Sinai'': Provided,
however, That United States civilian personnel assigned to
Sinai under such proposal shall be removed immediately in the
event of an outbreak of hostilities between Egypt and Israel or
if the Congress by concurrent resolution determines that the
safety of such personnel is jeopardized or that continuation of
their role is no longer necessary. Nothing contained in this
resolution shall be construed as granting any authority to the
President with respect to the introduction of United States
Armed Forces into hostilities or into situations wherein
involvement in hostilities is clearly indicated by the
circumstances which authority he would not have had in the
absence of this joint resolution.
Sec. 2. Any concurrent resolution of the type described in
the first section of this resolution which is introduced in
either House of Congress shall be privileged in the same manner
and to the same extent as a concurrent resolution of the type
described in section 5(c) of Public Law 93-148 is privileged
under section 7 of such law.\2\
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\2\ 50 U.S.C. 1544, 1546. War Powers Resolution.
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Sec. 3. The United States civilian personnel participating
in the early warning system in Sinai shall include only
individuals who have volunteered to participate in such system.
Sec. 4. Whenever United States civilian personnel, pursuant
to this resolution, participate in an early warning system, the
President shall, so long as the participation of such personnel
continues, submit written reports to the Congress periodically,
but no less frequently than once every six months, on (1) the
status, scope, and anticipated duration of their participation,
and (2) the feasibility of ending or reducing as soon as
possible their participation by substituting nationals of other
countries or by making technological changes. The appropriate
committees of the Congress shall promptly hold hearings on each
report of the President and report to the Congress any
findings, conclusions, and recommendations.
Sec. 5. The authority contained in this joint resolution to
implement the ``United States Proposal for the Early Warning
System in Sinai'' does not signify approval of the Congress of
any other agreement, understanding, or commitment made by the
executive branch.
5. Tonkin Gulf Resolution
Public Law 88-408 [H.J. Res. 1145], 78 Stat. 384, approved August 10,
1964
A JOINT RESOLUTION To promote the maintenance of international peace
and security in Southeast Asia.
[Whereas naval units of the Communist regime in Vietnam, in
violation of the principles of the Charter of the United
Nations and of international law, have deliberately and
repeatedly attacked United States naval vessels lawfully
present in international waters, and have thereby created a
serious threat to international peace; and
[Whereas these attacks are part of a deliberate and systematic
campaign of aggression that the Communist regime in North
Vietnam has been waging against its neighbors and the
nations joined with them in the collective defense of their
freedom; and
[Whereas the United States is assisting the peoples of
southeast Asia to protect their freedom and has no
territorial, military or political ambitions in that area,
but desires only that these peoples should be left in peace
to work out their own destinies in their own way: Now,
therefore, be it
[Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That the
Congress approves and supports the determination of the
President, as Commander in Chief, to take all necessary
measures to repel any armed attack against the forces of the
United States and to prevent further aggression.
[Sec. 2. The United States regards as vital to its national
interest and to world peace the maintenance of international
peace and security in southeast Asia. Consonant with the
Constitution of the United States and the Charter of the United
Nations and in accordance with its obligations under the
Southeast Asia Collective Defense Treaty, the United States is,
therefore, prepared, as the President determines, to take all
necessary steps, including the use of armed force, to assist
any member or protocol state of the Southeast Asia Collective
Defense Treaty requesting assistance in defense of its freedom.
[Sec. 3. This resolution shall expire when the President
shall determine that the peace and security of the area is
reasonably assured by international conditions created by
action of the United Nations or otherwise, except that it may
be terminated earlier by concurrent resolution of the
Congress.]
Note.--Sec. 12 of Public Law 91-672, the Foreign
Military Sales Act Amendments, approved January 12,
1971, provided that the joint resolution should
terminate effective on the day that the second session
of the Ninety-first Congress was last adjourned, such
day being January 2, 1971. See Legislation on Foreign
Relations Through 2008, vol. I-A. See also S. Con. Res.
64, passed July 10, 1970.
6. National Commitment
Senate Resolution 85, 91st Congress, Report No. 91-129, agreed to June
25, 1969
resolution
Whereas accurate definition of the term ``national commitment''
in recent years has become obscured: Now, therefore, be it
Resolved, That (1) a national commitment for the purpose of
this resolution means the use of the Armed Forces of the United
States on foreign territory, or a promise to assist a foreign
country, government, or people by the use of the Armed Forces
or financial resources of the United States, either immediately
or upon the happening of certain events, and (2) it is the
sense of the Senate that a national commitment by the United
States results only from affirmative action taken by the
executive and legislative branches of the United States
Government by means of a treaty, statute, or concurrent
resolution of both Houses of Congress specifically providing
for such commitment.
7. North Atlantic Alliance
a. NATO Freedom Consolidation Act of 2007 \1\
Public Law 110-17 [S. 494], 121 Stat. 73, approved April 9, 2007
AN ACT To endorse further enlargement of the North Atlantic Treaty
Organization (NATO) and to facilitate the timely admission of new
members to NATO, 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 ``NATO Freedom Consolidation
Act of 2007''.
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\1\ 22 U.S.C. 1928 note.
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SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The sustained commitment of the North Atlantic
Treaty Organization (NATO) to mutual defense has made
possible the democratic transformation of Central and
Eastern Europe. Members of the North Atlantic Treaty
Organization can and should play a critical role in
addressing the security challenges of the post-Cold War
era in creating the stable environment needed for those
emerging democracies in Europe.
(2) Lasting stability and security in Europe requires
the military, economic, and political integration of
emerging democracies into existing European structures.
(3) In an era of threats from terrorism and the
proliferation of weapons of mass destruction, the North
Atlantic Treaty Organization is increasingly
contributing to security in the face of global security
challenges for the protection and interests of its
member states.
(4) In the NATO Participation Act of 1994 (title II
of Public Law 103-447; 22 U.S.C. 1928 note), Congress
declared that ``full and active participants in the
Partnership for Peace in a position to further the
principles of the North Atlantic Treaty and to
contribute to the security of the North Atlantic area
should be invited to become full NATO members in
accordance with Article 10 of such Treaty at an early
date . . .''.
(5) In the NATO Enlargement Facilitation Act of 1996
(title VI of section 101(c) of title I of division A of
Public Law 104-208; 22 U.S.C. 1928 note), Congress
called for the prompt admission of Poland, Hungary, the
Czech Republic, and Slovenia to the North Atlantic
Treaty Organization, and declared that ``in order to
promote economic stability and security in Slovakia,
Estonia, Latvia, Lithuania, Romania, Bulgaria, Albania,
Moldova, and Ukraine . . . the process of enlarging
NATO to include emerging democracies in Central and
Eastern Europe should not be limited to consideration
of admitting Poland, Hungary, the Czech Republic, and
Slovenia as full members of the NATO Alliance''.
(6) In the European Security Act of 1998 (title XXVII
of division G of Public Law 105-277; 22 U.S.C. 1928
note), Congress declared that ``Poland, Hungary, and
the Czech Republic should not be the last emerging
democracies in Central and Eastern Europe invited to
join NATO'' and that ``Romania, Estonia, Latvia,
Lithuania, and Bulgaria . . . would make an outstanding
contribution to furthering the goals of NATO and
enhancing stability, freedom, and peace in Europe
should they become NATO members [and] upon complete
satisfaction of all relevant criteria should be invited
to become full NATO members at the earliest possible
date''.
(7) In the Gerald B. H. Solomon Freedom Consolidation
Act of 2002 (Public Law 107-187; 22 U.S.C. 1928 note),
Congress endorsed ``. . . the vision of further
enlargement of the NATO Alliance articulated by
President George W. Bush on June 15, 2001, and by
former President William J. Clinton on October 22,
1996''.
(8) At the Madrid Summit of the North Atlantic Treaty
Organization in July 1997, Poland, Hungary, and the
Czech Republic were invited to join the Alliance, and
the North Atlantic Treaty Organization heads of state
and government issued a declaration stating ``[t]he
alliance expects to extend further invitations in
coming years to nations willing and able to assume the
responsibilities and obligations of membership . . .
[n]o European democratic country whose admission would
fulfill the objectives of the [North Atlantic] Treaty
will be excluded from consideration''.
(9) At the Washington Summit of the North Atlantic
Treaty Organization in April 1999, the North Atlantic
Treaty Organization heads of state and government
issued a communique' declaring ``[w]e pledge that NATO
will continue to welcome new members in a position to
further the principles of the [North Atlantic] Treaty
and contribute to peace and security in the Euro-
Atlantic area . . . [t]he three new members will not be
the last . . . [n]o European democratic country whose
admission would fulfill the objectives of the Treaty
will be excluded from consideration, regardless of its
geographic location . . .''.
(10) In May 2000 in Vilnius, Lithuania, the foreign
ministers of Albania, Bulgaria, Estonia, Latvia,
Lithuania, the Republic of Macedonia (FYROM), Romania,
Slovakia, and Slovenia issued a statement (later joined
by Croatia) declaring that--
(A) their countries will cooperate in jointly
seeking membership in the North Atlantic Treaty
Organization in the next round of enlargement
of the North Atlantic Treaty Organization;
(B) the realization of membership in the
North Atlantic Treaty Organization by one or
more of these countries would be a success for
all; and
(C) eventual membership in the North Atlantic
Treaty Organization for all of these countries
would be a success for Europe and for the North
Atlantic Treaty Organization.
(11) On June 15, 2001, in a speech in Warsaw, Poland,
President George W. Bush stated ``[a]ll of Europe's new
democracies, from the Baltic to the Black Sea and all
that lie between, should have the same chance for
security and freedom--andthe same chance to join the
institutions of Europe--as Europe's old democracies
have . . . I believe in NATO membership for all of
Europe's democracies that seek it and are ready to
share the responsibilities that NATO brings . . . [a]s
we plan to enlarge NATO, no nation should be used as a
pawn in the agenda of others . . . [w]e will not trade
away the fate of free European peoples . . . [n]o more
Munichs . . . [n]o more Yaltas . . . [a]s we plan the
Prague Summit, we should not calculate how little we
can get away with, but how much we can do to advance
the cause of freedom''.
(12) On October 22, 1996, in a speech in Detroit,
Michigan, former President William J. Clinton stated
``NATO's doors will not close behind its first new
members . . . NATO should remain open to all of
Europe's emerging democracies who are ready to shoulder
the responsibilities of membership . . . [n]o nation
will be automatically excluded . . . [n]o country
outside NATO will have a veto . . . [a] gray zone of
insecurity must not reemerge in Europe''.
(13) At the Prague Summit of the North Atlantic
Treaty Organization in November 2002, Bulgaria,
Estonia, Latvia, Lithuania, Romania, Slovakia, and
Slovenia were invited to join the Alliance in the
second round of enlargement of the North Atlantic
Treaty Organization since the end of the Cold War, and
the North Atlantic Treaty Organization heads of state
and government issued a declaration stating ``NATO's
door will remain open to European democracies willing
and able to assume the responsibilities and obligations
of membership, in accordance with Article 10 of the
Washington Treaty''.
(14) On May 8, 2003, the United States Senate
unanimously approved the Resolution of Ratification to
Accompany Treaty Document No. 108-4, Protocols to the
North Atlantic Treaty of 1949 on Accession of Bulgaria,
Estonia, Latvia, Lithuania, Romania, Slovakia, and
Slovenia, inviting Bulgaria, Estonia, Latvia,
Lithuania, Romania, Slovakia, and Slovenia to join the
North Atlantic Treaty Organization.
(15) At the Istanbul Summit of the North Atlantic
Treaty Organization in June 2004, the North Atlantic
Treaty Organization heads of state and government
issued a communique' reaffirming that NATO's door
remains open to new members, declaring ``[w]e celebrate
the success of NATO's Open Door Policy, and reaffirm
tody that our seven new members will not be the last.
The door to membership remains open. We welcome the
progress made by Albania, Croatia, and the former
Yugoslav Republic of Macedonia (1) in implementing
their Annual National Programmes under the Membership
Action Plan, and encourage them to continue pursuing
the reforms necessary to progress toward NATO
membership. We also commend their contribution to
regional stability and cooperation. We want all three
countries to succeed and will continue to assist them
in their reform efforts. NATO will continue to assess
each country's candidacy individually, based on the
progress made towards reform goals pursued through the
Membership Action Plan, which will remain the vehicle
to keep the readiness of each aspirant for membership
under review. We direct that NATO Foreign Ministers
keep the enlargement process, including the
implementation of the Membership Action Plan, under
continual review and report to us. We will review at
the next Summit progress by aspirants towards
membership based on that report''.
(16) Georgia and Ukraine have stated their desire to
join the Euro-Atlantic community, and in particular,
are seeking to join the North Atlantic Treaty
Organization. Georgia and Ukraine are working closely
with the North Atlantic Treaty Organization and its
members to meet criteria for eventual membership in
NATO.
(17) At a press conference with President Mikhail
Saakashvili of Georgia in Washington, D.C. on July 5,
2006, President George W. Bush stated that ``. . . I
believe that NATO would benefit with Georgia being a
member of NATO, and I think Georgia would benefit. And
there's a way forward through the Membership Action
Plan . . . And I'm a believer in the expansion of NATO.
I think it's in the world's interest that we expand
NATO''.
(18) Following a meeting of NATO Foreign Ministers in
New York on September 21, 2006, NATO Secretary General
Jaap de Hoop Scheffer announced the launching of an
Intensified Dialogue on membership between the Alliance
and Georgia.
(19) At the NATO-Ukraine Commission Summit in
Brussels in February 2005, President of Ukraine Victor
Yushchenko declared membership in NATO as the ultimate
goal of Ukraine's cooperation with the Alliance and
expressed Ukraine's desire to conclude a Membership
Action Plan.
(20) At the NATO-Ukraine Commission Foreign
Ministerial meeting in Vilnius in April 2005, NATO and
Ukraine launched an Intensified Dialogue on the
potential membership of Ukraine in NATO.
(21) At the Riga Summit of the North Atlantic Treaty
Organization in November 2006, the Heads of State and
Government of the member countries of NATO issued a
declaration reaffirming that NATO's door remains open
to new members, declaring that ``all European
democratic countries may be considered for MAP
(Membership Action Plan) or admission, subject to
decision by the NAC (North Atlantic Council) at each
stage, based on the performance of these countries
towards meeting the objectives of the North Atlantic
Treaty. We direct that NATO Foreign Ministers keep that
process under continual review and report to us. We
welcome the efforts of Albania, Croatia, and the former
Yugoslav Republic of Macedonia to prepare themselves
for the responsibilities and obligations of membership.
We reaffirm that the Alliance will continue with
Georgia and Ukraine its Intensified Dialogues which
cover the full range of political, military, financial
and security issues relating to those countries'
aspirations to membership, without prejudice to any
eventual Alliance decision. We reaffirm the importance
of the NATO-Ukraine Distinctive Partnership, which has
its 10th anniversary next year and welcome the progress
that has been made in the framework of our Intensified
Dialogue. We appreciate Ukraine's substantial
contributions to our common security, including through
participation in NATO-led operations and efforts to
promote regional cooperation. We encourage Ukraine to
continue to contribute to regional security. We are
determined to continue to assist, through practical
cooperation, in the implementation of far-reaching
reform efforts, notably in the fields of national
security, defence, reform of the defence-industrial
sector and fighting corruption. We welcome the
commencement of an Intensified Dialogue with Georgia as
well as Georgia's contribution to international
peacekeeping and security operations. We will continue
to engage actively with Georgia in support of its
reform process. We encourage Georgia to continue
progress on political, economic and military reforms,
including strengthening judicial reform, as well as the
peaceful resolution of outstanding conflicts on its
territory. We reaffirm that it is of great importance
that all parties in the region should engage
constructively to promote regional peace and
stability.''.
(22) Contingent upon their continued implementation
of democratic, defense, and economic reform, and their
willingness and ability to meet the responsibilities of
membership in the North Atlantic Treaty Organization
and a clear expression of national intent to do so,
Congress calls for the timely admission of Albania,
Croatia, Georgia, Macedonia (FYROM), and Ukraine to the
North Atlantic Treaty Organization to promote security
and stability in Europe.
SEC. 3. DECLARATIONS OF POLICY.
Congress--
(1) reaffirms its previous expressions of support for
continued enlargement of the North Atlantic Treaty
Organization contained in the NATO Participation Act of
1994, the NATO Enlargement Facilitation Act of 1996,
the European Security Act of 1998, and the Gerald B. H.
Solomon Freedom Consolidation Act of 2002;
(2) supports the commitment to further enlargement of
the North Atlantic Treaty Organization to include
European democracies that are able and willing to meet
the responsibilities of Membership, as expressed by the
Alliance in its Madrid Summit Declaration of 1997, its
Washington Summit Communique' of 1999, its Prague
Summit Declaration of 2002, its Istanbul Summit
Communique' of 2004, and its Riga Summit Declaration of
2006; and
(3) endorses the vision of further enlargement of the
North Atlantic Treaty Organization articulated by
President George W. Bush on June 15, 2001, and by
former President William J. Clinton on October 22,
1996, and urges our allies in the North Atlantic Treaty
Organization to work with the United States to realize
a role for the North Atlantic Treaty Organization in
promoting global security, including continued support
for enlargement to include qualified candidate states,
specifically by entering into a Membership Action Plan
with Georgia and recognizing the progress toward
meeting the responsibilities and obligations of NATO
membership by Albania, Croatia, Georgia, Macedonia
(FYROM), and Ukraine.
SEC. 4. DESIGNATION OF ALBANIA, CROATIA, GEORGIA, MACEDONIA (FYROM),
AND UKRAINE AS ELIGIBLE TO RECEIVE ASSISTANCE UNDER
THE NATO PARTICIPATION ACT OF 1994.
(a) Designation.--
(1) Albania.--The Republic of Albania is designated
as eligible to receive assistance under the program
established under section 203(a) of the NATO
Participation Act of 1994 (title II of Public Law 103-
447; 22 U.S.C. 1928 note), and shall be deemed to have
been so designated pursuant to section 203(d)(1) of
such Act.
(2) Croatia.--The Republic of Croatia is designated
as eligible to receive assistance under the program
established under section 203(a) of the NATO
Participation Act of 1994, and shall be deemed to have
been so designated pursuant to section 203(d)(1) of
such Act.
(3) Georgia.--Georgia is designated as eligible to
receive assistance under the program established under
section 203(a) of the NATO Participation Act of 1994,
and shall be deemed to have been so designated pursuant
to section 203(d)(1) of such Act.
(4) Macedonia (FYROM).--The Republic of Macedonia
(FYROM) is designated as eligible to receive assistance
under the program established under section 203(a) of
the NATO Participation Act of 1994, and shall be deemed
to have been so designated pursuant to section
203(d)(1) of such Act.
(5) Ukraine.--Ukraine is designated as eligible to
receive assistance under the program established under
section 203(a) of the NATO Participation Act of 1994,
and shall be deemed to have been so designated pursuant
to section 203(d)(1) of such Act.
(b) Rule of Construction.--The designation of the Republic
of Albania, the Republic of Croatia, Georgia, the Republic of
Macedonia (FYROM), and Ukraine pursuant to subsection (a) as
eligible to receive assistance under the program established
under section 203(a) of the NATO Participation Act of 1994--
(1) is in addition to the designation of Poland,
Hungary, the Czech Republic, and Slovenia pursuant to
section 606 of the NATO Enlargement Facilitation Act of
1996 (title VI of section 101(c) of title I of division
A of Public Law 104-208; 22 U.S.C. 1928 note), the
designation of Romania, Estonia, Latvia, Lithuania, and
Bulgaria pursuant to section 2703(b) of the European
Security Act of 1998 (title XXVII of division G of
Public Law 105-277; 22 U.S.C. 1928 note), and the
designation of Slovakia pursuant to section 4(a) of the
Gerald B. H. Solomon Freedom Consolidation Act of 2002
(Public Law 107-187; 22 U.S.C. 1928 note) as eligible
to receive assistance under the program established
under section 203(a) of the NATO Participation Act of
1994; and
(2) shall not preclude the designation by the
President of other countries pursuant to section
203(d)(2) of the NATO Participation Act of 1994 as
eligible to receive assistance under the program
established under section 203(a) of such Act.
SEC. 5. AUTHORIZATION OF SECURITY ASSISTANCE FOR COUNTRIES DESIGNATED
UNDER THE NATO PARTICIPATION ACT OF 1994.
Of the amounts made available for fiscal year 2008 under
section 23 of the Arms Export Control Act (22 U.S.C. 2763) such
sums as may be necessary are authorized to be appropriated for
assistance to the Republic of Albania, the Republic of Croatia,
Georgia, the Republic of Macedonia (FYROM), and Ukraine.
b. European Security Act of 1998
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; \2\ as amended by Public Law 106-113 [H.R.
3427, enacted by reference in H.R. 3194], 113 Stat. 1501, approved
November 29, 1999
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\1\ See also chapter 138 of 10 U.S.C., relating to cooperative
agreements with NATO allies and other countries, in Legislation on
Foreign Relations Through 2008, vol. I-B.
\2\ Title XXVII of division G of Public Law 105-277 (112 Stat.
2681-839).
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TITLE XXVII--EUROPEAN SECURITY ACT OF 1998 \3\
SEC. 2701. SHORT TITLE.
This title may be cited as the ``European Security Act of
1998''.
---------------------------------------------------------------------------
\3\ 22 U.S.C. 1928 note.
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SEC. 2702. STATEMENT OF POLICY.
(a) Policy With Respect to NATO Enlargement.--Congress
urges the President to outline a clear and complete strategic
rationale for the enlargement of the North Atlantic Treaty
Organization (NATO), and declares that--
(1) Poland, Hungary, and the Czech Republic should
not be the last emerging democracies in Central and
Eastern Europe invited to join NATO;
(2) the United States should ensure that NATO
continues a process whereby all other emerging
democracies in Central and Eastern Europe that wish to
join NATO will be considered for membership in NATO as
soon as they meet the criteria for such membership;
(3) the United States should ensure that no
limitations are placed on the numbers of NATO troops or
types of equipment, including tactical nuclear weapons,
to be deployed on the territory of new member states;
(4) the United States should reject all efforts to
condition NATO decisions on review or approval by the
United Nations Security Council;
(5) the United States should clearly delineate those
NATO deliberations, including but not limited to
discussions on arms control, further Alliance
enlargement, procurement matters, and strategic
doctrine, that are not subject to review or discussion
in the NATO-Russia Permanent Joint Council;
(6) the United States should work to ensure that
countries invited to join the Alliance are provided an
immediate seat in NATO discussions; and
(7) the United States already pays more than a
proportionate share of the costs of the common defense
of Europe and should obtain, in advance, agreement on
an equitable distribution of the cost of NATO
enlargement to ensure that the United States does not
continue to bear a disproportionate burden.
(b) Policy With Respect to Negotiations With Russia.--
(1) Implementation.--NATO enlargement should be
carried out in such a manner as to underscore the
Alliance's defensive nature and demonstrate to Russia
that NATO enlargement will enhance the security of all
countries in Europe, including Russia. Accordingly, the
United States and its NATO allies should make this
intention clear in negotiations with Russia, including
negotiations regarding adaptation of the Conventional
Armed Forces in Europe (CFE) Treaty of November 19,
1990.
(2) Limitations on commitments to russia.--In seeking
to demonstrate to Russia NATO's defensive and security-
enhancing intentions, it is essential that neither
fundamental United States security interests in Europe
nor the effectiveness and flexibility of NATO as a
defensive alliance be jeopardized. In particular, no
commitments should be made to Russia that would have
the effect of--
(A) extending rights or imposing
responsibilities on new NATO members different
from those applicable to current NATO members,
including rights or responsibilities with
respect to the deployment of nuclear weapons
and the stationing of troops and equipment from
other NATO members;
(B) limiting the ability of NATO to defend
the territory of new NATO members by, for
example, restricting the construction of
defense infrastructure or limiting the ability
of NATO to deploy necessary reinforcements;
(C) providing any international organization,
or any country that is not a member of NATO,
with authority to delay, veto, or otherwise
impede deliberations and decisions of the North
Atlantic Council or the implementation of such
decisions, including deliberations and
decisions with respect to the deployment of
NATO forces or the admission of additional
members to NATO;
(D) impeding the development of enhanced
relations between NATO and other European
countries that do not belong to the Alliance;
(E) establishing a nuclear weapons-free zone
in Central or Eastern Europe;
(F) requiring NATO to subsidize Russian arms
sales, service, or support to the militaries of
those former Warsaw Pact countries invited to
join the Alliance; or
(G) legitimizing Russian efforts to link
concessions in arms control negotiations to
NATO enlargement.
(3) Commitments from russia.--In order to enhance
security and stability in Europe, the United States
should seek commitments from Russia--
(A) to demarcate and respect all its borders
with neighboring states;
(B) to achieve the immediate and complete
withdrawal of any armed forces and military
equipment under the control of Russia that are
deployed on the territories of the independent
states of the former Soviet Union without the
full and complete agreement of those states;
(C) to station its armed forces on the
territory of other states only with the full
and complete agreement of that state and in
strict accordance with international law; and
(D) to take steps to reduce further its
nuclear and conventional forces in Kaliningrad.
(4) Consultations.--As negotiations on adaptation of
the Treaty on Conventional Armed Forces in Europe
proceed, the United States should engage in close and
continuous consultations not only with its NATO allies,
but also with the emerging democracies of Central and
Eastern Europe, Ukraine, and the South Caucasus.
(c) Policy With Respect to Ballistic Missile Defense
Cooperation.--
(1) In general.--As the United States proceeds with
efforts to develop defenses against ballistic missile
attack, it should seek to foster a climate of
cooperation with Russia on matters related to missile
defense. In particular, the United States and its NATO
allies should seek to cooperate with Russia in such
areas as early warning.
(2) Discussions with nato allies.--The United States
should initiate discussions with its NATO allies for
the purpose of examining the feasibility of deploying a
ballistic missile defense capable of protecting NATO's
southern and eastern flanks from a limited ballistic
missile attack.
(3) Constitutional prerogatives.--Even as the
Congress seeks to promote ballistic missile defense
cooperation with Russia, it must insist on its
constitutional prerogatives regarding consideration of
arms control agreements with Russia that bear on
ballistic missile defense.
SEC. 2703. AUTHORITIES RELATING TO NATO ENLARGEMENT.
(a) Policy of Section.--This section is enacted in order to
implement the policy set forth in section 2702(a).
(b) Designation of Additional Countries Eligible for NATO
Enlargement Assistance.--
(1) Designation of additional countries.--Romania,
Estonia, Latvia, Lithuania, and Bulgaria are each
designated as eligible to receive assistance under the
program established under section 203(a) of the NATO
Participation Act of 1994 (22 U.S.C. 1928 note) and
shall be deemed to have been so designated pursuant to
section 203(d)(1) of such Act.
(2) Rule of construction.--The designation of
countries pursuant to paragraph (1) as eligible to
receive assistance under the program established under
section 203(a) of the NATO Participation Act of 1994--
(A) is in addition to the designation of
other countries by law or pursuant to section
203(d)(2) of such Act as eligible to receive
assistance under the program established under
section 203(a) of such Act; and
(B) shall not preclude the designation by the
President of other emerging democracies in
Central and Eastern Europe pursuant to section
203(d)(2) of such Act as eligible to receive
assistance under the program established under
section 203(a) of such Act.
(3) Sense of congress.--It is the sense of Congress
that Romania, Estonia, Latvia, Lithuania, and
Bulgaria--
(A) are to be commended for their progress
toward political and economic reform and
meeting the guidelines for prospective NATO
members;
(B) would make an outstanding contribution to
furthering the goals of NATO and enhancing
stability, freedom, and peace in Europe should
they become NATO members; and
(C) upon complete satisfaction of all
relevant criteria should be invited to become
full NATO members at the earliest possible
date.
(c) Regional Airspace Initiative and Partnership for Peace
Information Management System.--
(1) In general.--Funds described in paragraph (2) are
authorized to be made available to support the
implementation of the Regional Airspace Initiative and
the Partnership for Peace Information Management
System, including--
(A) the procurement of items in support of
these programs; and
(B) the transfer of such items to countries
participating in these programs.
(2) Funds described.--Funds described in this
paragraph are funds that are available--
(A) during any fiscal year under the NATO
Participation Act of 1994 with respect to
countries eligible for assistance under that
Act; or
(B) during fiscal year 1998 under any Act to
carry out the Warsaw Initiative.
(d) Extension of Authority Regarding Excess Defense
Articles.--Section 105 of Public Law 104-164 (110 Stat. 1427)
is amended * * *
(e) Conforming Amendments to the NATO Participation Act of
1994.--Section 203(c) of the NATO Participation Act of 1994 (22
U.S.C. 1928 note) is amended-- * * *
SEC. 2704. SENSE OF CONGRESS WITH RESPECT TO THE TREATY ON CONVENTIONAL
ARMED FORCES IN EUROPE.
It is the sense of Congress that no revisions to the Treaty
on Conventional Armed Forces in Europe will be approved for
entry into force with respect to the United States that
jeopardize fundamental United States security interests in
Europe or the effectiveness and flexibility of NATO as a
defensive alliance by--
(1) extending rights or imposing responsibilities on
new NATO members different from those applicable to
current NATO members, including rights or
responsibilities with respect to the deployment of
nuclear weapons and the stationing of troops and
equipment from other NATO members;
(2) limiting the ability of NATO to defend the
territory of new NATO members by, for example,
restricting the construction of defense infrastructure
or limiting the ability of NATO to deploy necessary
reinforcements;
(3) providing any international organization, or any
country that is not a member of NATO, with the
authority to delay, veto, or otherwise impede
deliberations and decisions of the North Atlantic
Council or the implementation of such decisions,
including deliberations and decisions with respect to
the deployment of NATO forces or the admission of
additional members to NATO; or
(4) impeding the development of enhanced relations
between NATO and other European countries that do not
belong to the Alliance.
SEC. 2705. RESTRICTIONS AND REQUIREMENTS RELATING TO BALLISTIC MISSILE
DEFENSE.
(a) Policy of Section.--This section is enacted in order to
implement the policy set forth in section 2702(c).
(b) Restriction on Entry Into Force of ABM/TMD Demarcation
Agreements.--An ABM/TMD demarcation agreement shall not be
binding on the United States, and shall not enter into force
with respect to the United States, unless, after the date of
enactment of this Act, that agreement is specifically approved
with the advice and consent of the United States Senate
pursuant to Article II, section 2, clause 2 of the
Constitution.
(c) Sense of Congress With Respect to Demarcation
Agreements.--
(1) Relationship to multilateralization of abm
treaty.--It is the sense of Congress that no ABM/TMD
demarcation agreement will be considered for advice and
consent to ratification unless, consistent with the
certification of the President pursuant to condition
(9) of the resolution of ratification of the CFE Flank
Document, the President submits for Senate advice and
consent to ratification any agreement, arrangement, or
understanding that would--
(A) add one or more countries as State
Parties to the ABM Treaty, or otherwise convert
the ABM Treaty from a bilateral treaty to a
multilateral treaty; or
(B) change the geographic scope or coverage
of the ABM Treaty, or otherwise modify the
meaning of the term ``national territory'' as
used in Article VI and Article IX of the ABM
Treaty.
(2) Preservation of united states theater ballistic
missile defense potential.--It is the sense of Congress
that no ABM/TMD demarcation agreement that would reduce
the capabilities of United States theater missile
defense systems, or the numbers or deployment patterns
of such systems, will be approved for entry into force
with respect to the United States.
(d) \4\ Report on Cooperative Projects With Russia.--Not
later than January 1, 1999, January 1, 2000, and January 1,
2001,\5\ the President shall submit to the Committees on
International Relations, National Security, and Appropriations
of the House of Representatives and the Committees on Foreign
Relations, Armed Services, and Appropriations of the Senate a
report on cooperative projects with Russia in the area of
ballistic missile defense, including in the area of early
warning. Each such report shall include the following:
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\4\ See also sec. 3623 of the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1825), which
requires the Secretary of Defense to deliver a report by November 24,
2004, concerning U.S./NATO-Russian cooperation on ballistic missile
defense. Sec. 3623 of that Act reads as follows:
---------------------------------------------------------------------------
``sec. 3623. 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.
``(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--
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``(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.''.
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\5\ Sec. 209(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 January 1, 2000'' and inserted in
lieu thereof ``January 1, 2000, and January 1, 2001,''.
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(1) Cooperative projects.--A description of all
cooperative projects conducted in the area of early
warning and ballistic missile defense during the
preceding fiscal year and the fiscal year during which
the report is submitted.
(2) Funding.--A description of the funding for such
projects during the preceding fiscal year and the year
during which the report is submitted and the proposed
funding for such projects for the next fiscal year.
(3) Status of dialogue or discussions.--A description
of the status of any dialogue or discussions conducted
during the preceding fiscal year between the United
States and Russia aimed at exploring the potential for
mutual accommodation of outstanding issues between the
two nations on matters relating to ballistic missile
defense and the ABM Treaty, including the possibility
of developing a strategic relationship not based on
mutual nuclear threats.
(e) Definitions.--In this section:
(1) ABM/TMD demarcation agreement.--The term ``ABM/
TMD demarcation agreement'' means any agreement that
establishes a demarcation between theater ballistic
missile defense systems and strategic antiballistic
missile defense systems for purposes of the ABM Treaty.
(2) ABM treaty.--The term ``ABM Treaty'' means the
Treaty Between the United States of America and the
Union of Soviet Socialist Republics on the Limitation
of Anti-Ballistic Missile Systems, signed at Moscow on
May 26, 1972 (23 UST 3435), and includes the Protocols
to that Treaty, signed at Moscow on July 3, 1974 (27
UST 1645).
c. NATO Enlargement Facilitation Act of 1996
Title VI of sec. 101(c) of title I of Public Law 104-208 [Omnibus
Consolidated Appropriations Act, 1997; H.R. 3610], 110 Stat. 3009,
approved September 30, 1996
TITLE VI--NATO ENLARGEMENT FACILITATION ACT OF 1996 \1\
SEC. 601. SHORT TITLE.
This title may be cited as the ``NATO Enlargement
Facilitation Act of 1996''.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 1928 note.
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SEC. 602. FINDINGS.
The Congress makes the following findings:
(1) Since 1949, the North Atlantic Treaty
Organization (NATO) has played an essential role in
guaranteeing the security, freedom, and prosperity of
the United States and its partners in the Alliance.
(2) The NATO Alliance is, and has been since its
inception, purely defensive in character, and it poses
no threat to any nation. The enlargement of the NATO
Alliance to include as full and equal members emerging
democracies in Central and Eastern Europe will serve to
reinforce stability and security in Europe by fostering
their integration into the structures which have
created and sustained peace in Europe since 1945. Their
admission into NATO will not threaten any nation.
America's security, freedom, and prosperity remain
linked to the security of the countries of Europe.
(3) The sustained commitment of the member countries
of NATO to a mutual defense has made possible the
democratic transformation of Central and Eastern
Europe. Members of the Alliance can and should play a
critical role in addressing the security challenges of
the post-Cold War era and in creating the stable
environment needed for those emerging democracies in
Central and Eastern Europe to successfully complete
political and economic transformation.
(4) The United States continues to regard the
political independence and territorial integrity of all
emerging democracies in Central and Eastern Europe as
vital to European peace and security.
(5) The active involvement by the countries of
Central and Eastern Europe has made the Partnership for
Peace program an important forum to foster cooperation
between NATO and those countries seeking NATO
membership.
(6) NATO has enlarged its membership on 3 different
occasions since 1949.
(7) Congress supports the admission of qualified new
members to NATO and the European Union at an early date
and has sought to facilitate the admission of qualified
new members into NATO.
(8) Lasting security and stability in Europe requires
not only the military integration of emerging
democracies in Central and Eastern Europe into existing
European structures, but also the eventual economic and
political integration of these countries into existing
European structures.
(9) As new members of NATO assume the
responsibilities of Alliance membership, the costs of
maintaining stability in Europe should be shared more
widely. Facilitation of the enlargement process will
require current members of NATO, and the United States
in particular, to demonstrate the political will needed
to build on successful ongoing programs such as the
Warsaw Initiative and the Partnership for Peace by
making available the resources necessary to supplement
efforts prospective new members are themselves
undertaking.
(10) New members will be full members of the
Alliance, enjoying all rights and assuming all the
obligations under the North Atlantic Treaty, signed at
Washington on April 4, 1949 (hereafter in this Act
referred to as the ``Washington Treaty'').
(11) In order to assist emerging democracies in
Central and Eastern Europe that have expressed interest
in joining NATO to be prepared to assume the
responsibilities of NATO membership, the United States
should encourage and support efforts by such countries
to develop force structures and force modernization
priorities that will enable such countries to
contribute to the full range of NATO missions,
including, most importantly, territorial defense of the
Alliance.
(12) Cooperative regional peacekeeping initiatives
involving emerging democracies in Central and Eastern
Europe that have expressed interest in joining NATO,
such as the Baltic Peacekeeping Battalion, the Polish-
Lithuanian Joint Peacekeeping Force, and the Polish-
Ukrainian Peacekeeping Force, can make an important
contribution to European peace and security and
international peacekeeping efforts, can assist those
countries preparing to assume the responsibilities of
possible NATO membership, and accordingly should
receive appropriate support from the United States.
(13) NATO remains the only multilateral security
organization capable of conducting effective military
operations and preserving security and stability of the
Euro-Atlantic region.
(14) NATO is an important diplomatic forum and has
played a positive role in defusing tensions between
members of the Alliance and, as a result, no military
action has occurred between two Alliance member states
since the inception of NATO in 1949.
(15) The admission to NATO of emerging democracies in
Central and Eastern Europe which are found to be in a
position to further the principles of the Washington
Treaty would contribute to international peace and
enhance the security of the region. Countries which
have become democracies and established market
economies, which practice good neighborly relations,
and which have established effective democratic
civilian control over their defense establishments and
attained a degree of interoperability with NATO, should
be evaluated for their potential to further the
principles of the Washington Treaty.
(16) Democratic civilian control of defense forces is
an essential element in the process of preparation for
those states interested in possible NATO membership.
(17) Protection and promotion of fundamental freedoms
and human rights is an integral aspect of genuine
security, and in evaluating requests for membership in
NATO, the human rights records of the emerging
democracies in Central and Eastern Europe should be
evaluated according to their commitments to fulfill in
good faith the human rights obligations of the Charter
of the United Nations, the principles of the Universal
Declaration on Human Rights, and the Helsinki Final
Act.
(18) A number of Central and Eastern European
countries have expressed interest in NATO membership,
and have taken concrete steps to demonstrate this
commitment, including their participation in
Partnership for Peace activities.
(19) The Caucasus region remains important
geographically and politically to the future security
of Central Europe. As NATO proceeds with the process of
enlargement, the United States and NATO should continue
to examine means to strengthen the sovereignty and
enhance the security of United Nations recognized
countries in that region.
(20) In recognition that not all countries which have
requested membership in NATO will necessarily qualify
at the same pace, the accession date for each new
member will vary.
(21) The provision of additional NATO transition
assistance should include those emerging democracies
most ready for closer ties with NATO and should be
designed to assist other countries meeting specified
criteria of eligibility to move forward toward eventual
NATO membership.
(22) The Congress of the United States finds in
particular that Poland, Hungary, and the Czech Republic
have made significant progress toward achieving the
criteria set forth in section 203(d)(3) of the NATO
Participation Act of 1994 and should be eligible for
the additional assistance described in this Act.
(23) The evaluation of future membership in NATO for
emerging democracies in Central and Eastern Europe
should be based on the progress of those nations in
meeting criteria for NATO membership, which require
enhancement of NATO's security and the approval of all
NATO members.
(24) The process of NATO enlargement entails the
consensus agreement of the governments of all 16 NATO
members and ratification in accordance with their
constitutional procedures.
(25) Some NATO members, such as Spain and Norway, do
not allow the deployment of nuclear weapons on their
territory although they are accorded the full
collective security guarantees provided by Article 5 of
the Washington Treaty. There is no a priori requirement
for the stationing of nuclear weapons on the territory
of new NATO members, particularly in the current
security climate. However, NATO retains the right to
alter its security posture at any time as circumstances
warrant.
SEC. 603. UNITED STATES POLICY.
It is the policy of the United States--
(1) to join with the NATO allies of the United States
to adapt the role of the NATO Alliance in the post-Cold
War world;
(2) to actively assist the emerging democracies in
Central and Eastern Europe in their transition so that
such countries may eventually qualify for NATO
membership;
(3) to support the enlargement of NATO in recognition
that enlargement will benefit the interests of the
United States and the Alliance and to consider these
benefits in any analysis of the costs of NATO
enlargement;
(4) to ensure that all countries in Central and
Eastern Europe are fully aware of and capable of
assuming the costs and responsibilities of NATO
membership, including the obligation set forth in
Article 10 of the Washington Treaty that new members be
able to contribute to the security of the North
Atlantic area; and
(5) to work to define a constructive and cooperative
political and security relationship between an enlarged
NATO and the Russian Federation.
SEC. 604. SENSE OF THE CONGRESS REGARDING FURTHER ENLARGEMENT OF NATO.
It is the sense of the Congress that in order to promote
economic stability and security in Slovakia, Estonia, Latvia,
Lithuania, Romania, Bulgaria, Albania, Moldova, and Ukraine--
(1) the United States should continue and expand its
support for the full and active participation of these
countries in activities appropriate for qualifying for
NATO membership;
(2) the United States Government should use all
diplomatic means available to press the European Union
to admit as soon as possible any country which
qualifies for membership;
(3) the United States Government and the North
Atlantic Treaty Organization should continue and expand
their support for military exercises and peacekeeping
initiatives between and among these nations, nations of
the North Atlantic Treaty Organization, and Russia; and
(4) the process of enlarging NATO to include emerging
democracies in Central and Eastern Europe should not be
limited to consideration of admitting Poland, Hungary,
the Czech Republic, and Slovenia as full members of the
NATO Alliance.
SEC. 605. SENSE OF THE CONGRESS REGARDING ESTONIA, LATVIA AND
LITHUANIA.
In view of the forcible incorporation of Estonia, Latvia,
Lithuania into the Soviet Union in 1940 under the Molotov-
Ribbentrop Pact and the refusal of the United States and other
countries to recognize that incorporation for over 50 years, it
is the sense of the Congress that--
(1) Estonia, Latvia, and Lithuania have valid
historical security concerns that must be taken into
account by the United States; and
(2) Estonia, Latvia, and Lithuania should not be
disadvantaged in seeking to join NATO by virtue of
their forcible incorporation into the Soviet Union.
SEC. 606. DESIGNATION OF COUNTRIES ELIGIBLE FOR NATO ENLARGEMENT
ASSISTANCE.
(a) In General.--The following countries are designated as
eligible to receive assistance under the program established
under section 203(a) of the NATO Participation Act of 1994 and
shall be deemed to have been so designated pursuant to section
203(d)(1) of such Act: Poland, Hungary, and the Czech Republic.
(b) Designation of Slovenia.--Effective 90 days after the
date of enactment of this Act, Slovenia is designated as
eligible to receive assistance under the program established
under section 203(a) of the NATO Participation Act of 1994, and
shall be deemed to have been so designated pursuant to section
203(d) of such Act, unless the President certifies to Congress
prior to such effective date that Slovenia fails to meet the
criteria under section 203(d)(3) of such Act.
(c) Designation of Other Countries.--The President shall
designate other emerging democracies in Central and Eastern
Europe as eligible to receive assistance under the program
established under section 203(a) of such Act if such
countries--
(1) have expressed a clear desire to join NATO;
(2) have begun an individualized dialogue with NATO
in preparation for accession;
(3) are strategically significant to an effective
NATO defense; and
(4) meet the other criteria outlined in section
203(d)(3) of the NATO Participation Act of 1994 (title
II of Public Law 103-447; 22 U.S.C. 1928 note).
(d) Rule of Construction.--Nothing in this section
precludes the designation by the President of Estonia, Latvia,
Lithuania, Romania, Slovakia, Bulgaria, Albania, Moldova,
Ukraine, or any other emerging democracy in Central and Eastern
Europe pursuant to section 203(d) of the NATO Participation Act
of 1994 as eligible to receive assistance under the program
established under section 203(a) of such Act.
SEC. 607. AUTHORIZATION OF APPROPRIATIONS FOR NATO ENLARGEMENT
ASSISTANCE.
(a) In General.--There are authorized to be appropriated
$60,000,000 for fiscal year 1997 for the program established
under section 203(a) of the NATO Participation Act of 1994.
(b) Availability.--Of the funds authorized to be
appropriated by subsection (a)--
(1) not less than $20,000,000 shall be available for
the cost, as defined in section 502(5) of the Credit
Reform Act of 1990, of direct loans pursuant to the
authority of section 203(c)(4) of the NATO
Participation Act of 1994 (relating to the ``Foreign
Military Financing Program'');
(2) not less than $30,000,000 shall be available for
assistance on a grant basis pursuant to the authority
of section 203(c)(4) of the NATO Participation Act of
1994 (relating to the ``Foreign Military Financing
Program''); and
(3) not more than $10,000,000 shall be available for
assistance pursuant to the authority of section
203(c)(3) of the NATO Participation Act of 1994
(relating to international military education and
training).
(c) Rule of Construction.--Amounts authorized to be
appropriated under this section are authorized to be
appropriated in addition to such amounts as otherwise may be
available for such purposes.
SEC. 608. REGIONAL AIRSPACE INITIATIVE AND PARTNERSHIP FOR PEACE
INFORMATION MANAGEMENT SYSTEM.
(a) In General.--To the extent provided in advance in
appropriations acts for such purposes, funds described in
subsection (b) are authorized to be made available to support
the implementation of the Regional Airspace Initiative and the
Partnership for Peace Information Management System,
including--
(1) the procurement of items in support of these
programs; and
(2) the transfer of such items to countries
participating in these programs.
(b) Funds Described.--Funds described in this subsection
are funds that are available--
(1) during any fiscal year under the NATO
Participation Act of 1994 with respect to countries
eligible for assistance under that Act; or
(2) during fiscal year 1997 under any Act to carry
out the Warsaw Initiative.
SEC. 609. EXCESS DEFENSE ARTICLES.
(a) Priority Delivery.--Notwithstanding any other provision
of law, the delivery of excess defense articles under the
authority of section 203(c) (1) and (2) of the NATO
Participation Act of 1994 and section 516 of the Foreign
Assistance Act of 1961 shall be given priority to the maximum
extent feasible over the delivery of such excess defense
articles to all other countries except those countries referred
to in section 541 of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1995 (Public Law 103-
306; 108 Stat. 1640).
(b) Cooperative Regional Peacekeeping Initiatives.--The
Congress encourages the President to provide excess defense
articles and other appropriate assistance to cooperative
regional peacekeeping initiatives involving emerging
democracies in Central and Eastern Europe that have expressed
an interest in joining NATO in order to enhance their ability
to contribute to European peace and security and international
peacekeeping efforts.
SEC. 610. MODERNIZATION OF DEFENSE CAPABILITY.
The Congress endorses efforts by the United States to
modernize the defense capability of Poland, Hungary, the Czech
Republic, Slovenia, and any other countries designated by the
President pursuant to section 203(d) of the NATO Participation
Act of 1994, by exploring with such countries options for the
sale or lease to such countries of weapons systems compatible
with those used by NATO members, including air defense systems,
advanced fighter aircraft, and telecommunications
infrastructure.
SEC. 611. TERMINATION OF ELIGIBILITY.
(a) Termination of Eligibility.--The eligibility of a
country designated pursuant to subsection (a) or (b) of section
606 or pursuant to section 203(d) of the NATO Participation Act
of 1994 may be terminated upon a determination by the President
that such country does not meet the criteria set forth in
section 203(d)(3) of the NATO Participation Act of 1994.
(b) Notification.--At least 15 days before terminating the
eligibility of any country pursuant to subsection (a), the
President shall notify the congressional committees specified
in section 634A of the Foreign Assistance Act of 1961 in
accordance with the procedures applicable to reprogramming
notifications under that section.
SEC. 612. CONFORMING AMENDMENTS TO THE NATO PARTICIPATION ACT.
The NATO Participation Act of 1994 (title II of Public Law
103-447; 22 U.S.C. 1928 note) is amended * * *
d. NATO Participation Act of 1994
Title II of Public Law 103-447 [International Narcotics Control
Corrections Act of 1994; H.R. 5246], 108 Stat. 4691 at 4695, approved
November 2, 1994; as amended by Public Law 104-99 [Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1996, H.R.
1868, enacted by reference in sec. 301 of Public Law 104-99; H.R.
2880], 110 Stat. 26, approved January 26, 1996, enacted again as Public
Law 104-107 [H.R. 1868], 110 Stat. 704, approved February 12, 1996;
Public Law 104-208 [NATO Enlargement Facilitation Act of 1996, title VI
of sec. 101(c) of title I of the Omnibus Consolidated Appropriations
Act, 1997; H.R. 3610], 110 Stat. 3009, approved September 30, 1996; and
Public Law 105-277 [Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999; H.R. 4328], 112 Stat. 2681, approved October
21, 1998
TITLE II--NATO PARTICIPATION ACT OF 1994 \1\
SEC. 201. SHORT TITLE.
This title may be cited as the ``NATO Participation Act of
1994''.
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\1\ 22 U.S.C. 1928 note.
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SEC. 202. SENSE OF THE CONGRESS.
It is the sense of the Congress that--
(1) the leaders of the NATO member nations are to be
commended for reaffirming that NATO membership remains
open to Partnership for Peace countries emerging from
communist domination and for welcoming eventual
expansion of NATO to include such countries;
(2) full and active participants in the Partnership
for Peace in a position to further the principles of
the North Atlantic Treaty and to contribute to the
security of the North Atlantic area should be invited
to become full NATO members in accordance with Article
10 of such Treaty at an early date, if such
participants--
(A) maintain their progress toward
establishing democratic institutions, free
market economies, civilian control of their
armed forces, and the rule of law; and
(B) remain committed to protecting the rights
of all their citizens and respecting the
territorial integrity of their neighbors;
(3) the United States, other NATO member nations, and
NATO itself should furnish appropriate assistance to
facilitate the transition to full NATO membership at an
early date of full and active participants in the
Partnership for Peace; and
(4) in particular, Poland, Hungary, the Czech
Republic, and Slovakia have made significant progress
toward establishing democratic institutions, free
market economies, civilian control of their armed
forces, and the rule of law since the fall of their
previous communist governments.
SEC. 203. AUTHORITY FOR PROGRAM TO FACILITATE TRANSITION TO NATO
MEMBERSHIP.
(a) In General.--The President may establish a program to
assist the transition to full NATO membership of Poland,
Hungary, the Czech Republic, Slovakia, and other Partnership
for Peace emerging democracies in Central and Eastern Europe
\2\ designated pursuant to subsection (d).
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\2\ Sec. 612 of the NATO Enlargement Facilitation Act of 1996
(title VI of sec. 101(c) of title I of Public Law 104-208; 110 Stat.
3009) struck out ``countries emerging from communist domination'' and
inserted in lieu thereof ``emerging democracies in Central and Eastern
Europe'' in secs. 203(a), 203(d)(1) and 203(d)(2).
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(b) Conduct of Program.--The program established under
subsection (a) shall facilitate the transition to full NATO
membership of the countries designated under subsection (d) \3\
by supporting and encouraging, inter alia--
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\3\ Sec. 585(a)(2)(A) of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1996 (Public Law 104-107; 110
Stat. 754), struck out ``countries described in such subsection'' and
inserted in lieu thereof ``countries designated under subsection (d)''.
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(1) joint planning, training, and military exercises
with NATO forces;
(2) greater interoperability of military equipment,
air defense systems, and command, control, and
communications systems; and
(3) conformity of military doctrine.
(c) Type of Assistance.--In carrying out the program
established under subsection (a), the President may provide to
the countries designated under subsection (d) \3\ the following
types of security assistance:
(1) The transfer of excess defense articles under
section 516 of the Foreign Assistance Act of 1961.\4\
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\4\ Sec. 2703(e)(1) of the European Security Act of 1999 (title
XXVII of Public Law 105-277; 112 Stat. 2681-842) struck out ``, without
regard to the restrictions in paragraphs (1) through (3) of subsection
(a) of such section (relating to the eligibility of countries for such
articles under such section)'' following ``Foreign Assistance Act of
1961''.
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(2) \5\ Assistance under chapter 5 of part II of the
Foreign Assistance Act of 1961 (relating to
international military education and training).
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\5\ Sec. 2703(e)(2) of the European Security Act of 1999 (title
XXVII of Public Law 105-277; 112 Stat. 2681-842) struck out former
para. (2), which had provided as follows:
``(2) The transfer of nonlethal excess defense articles under
section 519 of the Foreign Assistance Act of 1961, without regard to
the restriction in subsection (a) of such section (relating to the
justification of the foreign military financing program for the fiscal
year in which a transfer is authorized).''.
Sec. 2703(e)(5) of that Act redesignated paras. (3) through (8) as
paras. (2) through (7), respectively.
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(3) \5\ Assistance under section 23 of the Arms
Export Control Act (relating to the ``Foreign Military
Financing Program'').
(4) \6\ Assistance under chapter 4 of part II of the
Foreign Assistance Act of 1961 (relating to the
Economic Support Fund).
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\6\ Sec. 585(b) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1996 (Public Law 104-107; 110
Stat. 754, added paras. (5) through (8), redesignated as paras. (4)
through (7) by sec. 2703(e)(5) of the European Security Act of 1999
(title XXVII of Public Law 105-277; 112 Stat. 2681-843).
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(5) \6\ Funds made available for the
``Nonproliferation and Disarmament Fund''.\7\
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\7\ Sec. 2703(e)(3) of the European Security Act of 1999 (title
XXVII of Public Law 105-277; 112 Stat. 2681-843) struck out
``appropriated under the `Nonproliferation and Disarmament Fund'
account'' and inserted in lieu thereof ``made available for the
`Nonproliferation and Disarmament Fund' ''.
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(6) \6\ Assistance under chapter 6 of part II of the
Foreign Assistance Act of 1961 (relating to
peacekeeping operations and other programs).
(7) \6\ Notwithstanding any other provision of law,
including section 516(e) \8\ of the Foreign Assistance
Act of 1961,\9\ the President may direct the crating,
packing, handling, and transportation of excess defense
articles provided pursuant to paragraph (1) \10\ of
this subsection without charge to the recipient of such
articles.
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\8\ Sec. 2703(e)(4)(A) of the European Security Act of 1999 (title
XXVII of Public Law 105-277; 112 Stat. 2681-843) struck out ``any
restrictions in sections 516 and 519'' and inserted in lieu thereof
``section 516(e)''.
\9\ Sec. 2703(e)(4)(B) of the European Security Act of 1999 (title
XXVII of Public Law 105-277; 112 Stat. 2681-843) struck out ``as
amended,'' following ``Foreign Assistance Act of 1961,''.
\10\ Sec. 2703(e)(4)(C) of the European Security Act of 1999 (title
XXVII of Public Law 105-277; 112 Stat. 2681-843) struck out
``paragraphs (1) and (2)'' and inserted in lieu thereof ``paragraph
(1)''.
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(d) \11\ Designation of Eligible Countries.--
---------------------------------------------------------------------------
\11\ Sec. 585(a)(1) of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1996 (Public Law 104-107; 110
Stat. 752), amended and restated subsec. (d). It formerly read as
follows:
``(d) Designation of Partnership for Peace Countries Emerging From
Communist Domination.--The President may designate countries emerging
from communism and participating in the Partnership for Peace,
especially Poland, Hungary, the Czech Republic, and Slovakia, to
receive assistance under the program established under subsection (a)
if the President determines and reports to the Committee on Foreign
Affairs of the House of Representatives and the Committee on Foreign
Relations of the Senate that such countries--
---------------------------------------------------------------------------
``(1) are full and active participants in the Partnership for Peace;
``(2) have made significant progress toward establishing democratic
institutions, a free market economy, civilian control of their armed
forces, and the rule of law;
``(3) are likely in the near future to be in a position to further the
principles of the North Atlantic Treaty and to contribute to the security
of the North Atlantic area; and
``(4) are not selling or transferring defense articles to a state that
has repeatedly provided support for acts of international terrorism, as
determined by the Secretary of State under section 6(j) of the Export
Administration Act of 1979.''.
(1) \12\ Initial presidential review and
designation.--Within 60 days of the enactment of the
NATO Participation Act Amendments of 1995, the
President should evaluate the degree to which any
emerging democracies in Central and Eastern Europe \12\
which has expressed its interest in joining NATO meets
the criteria set forth in paragraph (3), and may
designate one or more of these countries as eligible to
receive assistance under the program established under
subsection (a). The President shall, at the time of
designation of any country pursuant to this paragraph,
determine and report to the Committees on International
Relations and Appropriations of the House of
Representatives and the Committees on Foreign Relations
and Appropriations of the Senate with respect to each
country so designated that such country meets the
criteria set forth in paragraph (3).
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\12\ Sec. 585 of Public Law 104-107 (110 Stat. 752) amended and
restated subsec. (d)(1), which among other changes altered the phrase
``countries emerging from communist domination'' to ``any country
emerging from communist domination''. Sec. 612 of the NATO Enlargement
Facilitation Act of 1996 (title VI of sec. 101(c) of title I of Public
Law 104-208; 110 Stat. 3009) subsequently struck out ``countries
emerging from communist domination'' in subsec. (d)(1), and inserted in
lieu thereof ``emerging democracies in Central and Eastern Europe'',
despite the fact that sec. 585 of Public Law 104-107 had already
altered the phrase in subsec. (d)(1) to read ``any country'' instead of
``countries''. In keeping with the intent of the amendment in Public
Law 104-208, the amendment here strikes out ``any country emerging from
communist domination'' and inserts in lieu thereof ``any emerging
democracies in Central and Eastern Europe''.
---------------------------------------------------------------------------
(2) Other european countries emerging from communist
domination.--In addition to the countries designated
pursuant to paragraph (1), the President may at any
time designate other European emerging democracies in
Central and Eastern Europe \2\ as eligible to receive
assistance under the program established under
subsection (a). The President shall, at the time of
designation of any country pursuant to this paragraph,
determine and report to the Committees on International
Relations and Appropriations of the House of
Representatives and the Committees on Foreign Relations
and Appropriations of the Senate with respect to each
country so designated that such country meets the
criteria set forth in paragraph (3).
(3) Criteria.--The criteria referred to in paragraphs
(1) and (2) are, with respect to each country, that the
country--
(A) has made significant progress toward
establishing--
(i) shared values and interests;
(ii) democratic governments;
(iii) free market economies;
(iv) civilian control of the
military, of the police, and of
intelligence services, so that these
organizations do not pose a threat to
democratic institutions, neighboring
countries, or the security of NATO or
the United States;
(v) adherence to the rule of law and
to the values, principles, and
political commitments set forth in the
Helsinki Final Act and other
declarations by the members of the
Organization on Security and
Cooperation in Europe;
(vi) commitment to further the
principles of NATO and to contribute to
the security of the North Atlantic
area;
(vii) commitment to protecting the
rights of all their citizens and
respecting the territorial integrity of
their neighbors;
(viii) commitment and ability to
accept the obligations,
responsibilities, and costs of NATO
membership; and
(ix) commitment and ability to
implement infrastructure development
activities that will facilitate
participation in and support for NATO
military activities;
(B) is likely, within five years of such
determination, to be in a position to further
the principles of the North Atlantic Treaty and
to contribute to the security of the North
Atlantic area; and
(C) is not ineligible to receive assistance
under section 552 of the Foreign Operations,
Export Financing, and Related Programs
Appropriations Act, 1996, with respect to
transfers of equipment to a country the
government of which the Secretary of State has
determined is a terrorist government for
purposes of section 40(d) of the Arms Export
Control Act.
(e) Notification.--At least 15 days before designating any
country pursuant to subsection (d), the President shall notify
the appropriate congressional committees in accordance with the
procedures applicable under section 634A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2394-1), and shall include
with such notification a memorandum of justification with
respect to the proposed designation.\13\
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\13\ Sec. 585(a)(2)(B) of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1996 (Public Law 104-107; 110
Stat. 754) inserted ``(22 U.S.C. 2394-1), and shall include with such
notification a memorandum of justification with respect to the proposed
designation''.
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(f) Determination.--It is hereby determined that Poland,
Hungary, the Czech Republic, and Slovakia meet the criteria
required in paragraphs (1), (2), and (3) of subsection (d).
(g) \14\ Effect on Other Authorities.--Nothing in this Act
shall affect the eligibility of countries to participate under
other provisions of law in programs described in this Act.
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\14\ Sec. 585(c) of Public Law 104-107 (110 Stat. 754), added
subsec. (g).
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SEC. 204. ADDITIONAL AUTHORITIES.
(a) Arms Export Control Act.--The President is authorized
to exercise the authority of sections 63 and 65 of the Arms
Export Control Act with respect to any country designated under
section 203(d) of this title on the same basis authorized with
respect to NATO countries.
(b) Other NATO Authorities.--The President should designate
any country designated under section 203(d) of this title as
eligible under sections 2350c and 2350f of title 10, United
States Code.
(c) Sense of Congress.--It is the sense of Congress that,
in the interest of maintaining stability and promoting
democracy in Poland, Hungary, the Czech Republic, Slovakia, and
any other Partnership for Peace country designated under
section 203(d) of this title, those countries should be
included in all activities under section 2457 of title 10,
United States Code, related to the increased standardization
and enhanced interoperability of equipment and weapons systems,
through coordinated training and procurement activities, as
well as other means, undertaken by the North Atlantic Treaty
Organization members and other allied countries.
SEC. 205. ANNUAL \15\ REPORTING REQUIREMENT.
The President shall include in the annual \16\ report
required by section 514(a) of Public Law 103-236 (22 U.S.C.
1928 note) the following:
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\15\ Sec. 585(d)(1) of Public Law 104-107 (110 Stat. 754) added
``annual'' in the section catchline.
\16\ Sec. 585(d)(2) of Public Law 104-107 (110 Stat. 754) added
``annual'' after ``include in the''.
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(1) A description of all assistance provided under
the program established under section 203(a), or
otherwise provided by the United States Government to
facilitate the transition to full NATO membership of
Poland, Hungary, the Czech Republic, Slovakia, and any
other country designated by the President pursuant to
section 203(d).\17\
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\17\ Sec. 585(d)(3) of Public Law 104-107 (110 Stat. 754) struck
out ``and other Partnership for Peace countries emerging from communist
domination designated pursuant to section 203(d)'' and inserted in lieu
thereof ``and any other country designated by the President pursuant to
section 203(d)'' in paras. (1) and (2).
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(2) A description, on the basis of information
received from the recipients and from NATO, of all
assistance provided by other NATO member nations or
NATO itself to facilitate the transition to full NATO
membership of Poland, Hungary, the Czech Republic,
Slovakia, and any other country designated by the
President pursuant to section 203(d).\17\
e. Reaffirming the United States Commitment to the North Atlantic
Alliance
Public Law 96-9 [H.J. Res. 283], 93 Stat. 22, approved April 19, 1979
JOINT RESOLUTION Reaffirming the United States commitment to the North
Atlantic Alliance.
Whereas April 4, 1979, marks the thirtieth anniversary of the
signing in Washington of the North Atlantic Treaty;
Whereas the alliance created by the treaty constitutes the
manifestation of the ties which bind the democracies of
Europe and North America and of their determination to
preserve their common heritage of individual liberties, the
rule of law, and the dignity of humankind;
Whereas the peace and stability insured by the alliance for
thirty years has fostered the well-being and freedom of
nearly six hundred million human beings;
Whereas the conditions for political stability and economic
prosperity derive from the military security provided by
the alliance; and
Whereas the search for world peace, mutual respect among the
nations of the world, and reduction in armaments are
attainable only in a secure environment: Now, therefore, be
it
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That the North
Atlantic Alliance be reaffirmed as a vital commitment and
cornerstone of United States foreign policy, and that the
bipartisan spirit that inspired its birth be rededicated to the
purpose of strengthening it further in the cause of peace and
security.
Sec. 2. The Congress recognizes the contribution of the
Canadian and European Allies to the common defense and to the
preservation of the civilization and common heritage of the
West.
Sec. 3. On the occasion of this thirtieth anniversary, the
Congress pledges its support for the Alliance as the
indispensable basis for the achievement of our mutual security,
the reduction of tensions, and the pursuit of improved
relations among all nations.
Sec. 4. The Congress requests that the President of the
United States forward copies of this resolution to the Chiefs
of State of all member countries of the North Atlantic Treaty
Organization, and to the Secretary General in recognition of
his contribution to the strength and confidence of the North
Atlantic Treaty Organization.
f. Reaffirming the Unity of the North Atlantic Alliance Commitment
Public Law 95-287 [S.J. Res. 137], 92 Stat. 280, approved May 30, 1978
JOINT RESOLUTION Reaffirming the unity of the North Atlantic Alliance
commitment.
Whereas thirty years ago the Congress passed the Vandenberg
Resolution, which has come to represent the highest
qualities of bipartisan statesmanship; and
Whereas the North Atlantic Alliance has preserved the peace in
Europe for an entire generation, allowing its members to
attain unprecedented levels of prosperity and well-being
for their people; and
Whereas the leaders of the Alliance will gather in Washington,
D.C., on May 30 and 31, 1978, to renew their adherence to
its principles and rededicate themselves to its objectives;
and
Whereas this meeting will be the capstone of efforts to ensure
that the needs of collective security will be met over the
next decade: Now, therefore, be it
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That the North
Atlantic Alliance be reaffirmed as a vital commitment and
cornerstone of United States foreign policy, and that the
bipartisan spirit that inspired its birth be rededicated to the
purpose of strengthening it further in the cause of peace and
security.
Sec. 2. The Congress recognizes the extraordinary success
of the North Atlantic Alliance in fulfilling its goals of
safeguarding the freedom, common heritage and civilization of
its peoples, founded on the principles of democracy, individual
liberty and the rule of law.
Sec. 3. On the occasion of the NATO summit meeting in
Washington, the Congress declares its support for efforts to
reaffirm the unity of the North Atlantic Alliance, to
strengthen its defensive capabilities to meet threats to the
peace, and on this basis to persevere in attempts to lessen
tensions with the Warsaw Pact States.
8. Taiwan Relations \1\
a. Taiwan Relations Act
Public Law 96-8 [H.R. 2479], 93 Stat. 14, approved April 10, 1979; as
amended by Public Law 98-164 [Department of State Authorization Act,
Fiscal Years 1984 and 1985; H.R. 2915], 97 Stat. 1017 at 1061, approved
November 22, 1983
AN ACT To help maintain peace, security, and stability in the Western
Pacific and to promote the foreign policy of the United States by
authorizing the continuation of commercial, cultural, and other
relations between the people of the United States and the people of
Taiwan, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
short title
Section 1. This Act may be cited as the ``Taiwan Relations
Act''.
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\1\ See also sec. 1073 of the National Defense Authorization Act
for Fiscal Year 1995, and sec. 221 of the Immigration and Nationality
Technical Corrections Act of 1994 (Public Law 103-416; 108 Stat. 4320),
relating to visas for high-level officials of Taiwan, in Legislation on
Foreign Relations Through 2008, vol. II-A.
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findings and declaration of policy
Sec. 2.\2\ (a) The President having terminated governmental
relations between the United States and the governing
authorities on Taiwan recognized by the United States as the
Republic of China prior to January 1, 1979, the Congress finds
that the enactment of this Act is necessary--
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\2\ 22 U.S.C. 3301.
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(1) to help maintain peace, security, and stability
in the Western Pacific; and
(2) to promote the foreign policy of the United
States by authorizing the continuation of commercial,
cultural, and other relations between the people of the
United States and the people on Taiwan.
(b) It is the policy of the United States--
(1) to preserve and promote extensive, close, and
friendly commercial, cultural, and other relations
between the people of the United States and the people
on Taiwan, as well as the people on the China mainland
and all other peoples of the Western Pacific area;
(2) to declare that peace and stability in the area
are in the political, security, and economic interests
of the United States, and are matters of international
concern;
(3) to make clear that the United States decision to
establish diplomatic relations with the People's
Republic of China rests upon the expectation that the
future of Taiwan will be determined by peaceful means;
(4) to consider any effort to determine the future of
Taiwan by other than peaceful means, including by
boycotts or embargoes, a threat to the peace and
security of the Western Pacific area and of grave
concern to the United States;
(5) to provide Taiwan with arms of a defensive
character; and
(6) to maintain the capacity of the United States to
resist any resort to force or other forms of coercion
that would jeopardize the security, or the social or
economical system, of the people on Taiwan.
(c) Nothing contained in this Act shall contravene the
interest of the United States in human rights, especially with
respect to the human rights of all the approximately eighteen
million inhabitants of Taiwan. The preservation and enhancement
of the human rights of all the people on Taiwan are hereby
reaffirmed as objectives of the United States.
implementation of united states policy with regard to taiwan
Sec. 3.\3\ (a) In furtherance of the policy set forth in
section 2 of this Act, the United States will make available to
Taiwan such defense articles and defense services in such
quantity as may be necessary to enable Taiwan to maintain a
sufficient self-defense capability.\4\
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\3\ 22 U.S.C. 3302.
\4\ Sec. 23 of the International Security Assistance Act of 1979
(Public Law 96-92; 93 Stat. 710) provided authorization for the
President to transfer to Taiwan war reserve material and other property
during calendar years 1980 and 1981. For text of sec. 23, see
Legislation on Foreign Relations Through 2008, vol. I-A.
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(b) The President and the Congress shall determine the
nature and quantity of such defense articles and services based
solely upon their judgment of the needs of Taiwan, in
accordance with procedures established by law. Such
determination of Taiwan's defense needs shall include review by
United States military authorities in connection with
recommendations to the President and the Congress.
(c) The President is directed to inform the Congress
promptly of any threat to the security or the social or
economic system of the people on Taiwan and any danger to the
interests of the United States arising therefrom. The President
and the Congress shall determine, in accordance with
constitutional processes, appropriate action by the United
States in response to any such danger.
application of laws; international agreements
Sec. 4.\5\ (a) The absence of diplomatic relations or
recognition shall not affect the application of the laws of the
United States with respect to Taiwan, and the law of the United
States shall apply with respect to Taiwan in the manner that
the laws of the United States applied with respect to Taiwan
prior to January 1, 1979.
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\5\ 22 U.S.C. 3303. See also sec. 704 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), pertaining to reports from the Secretary
of State to Congress on U.S. support for membership or participation of
Taiwan in international organizations.
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(b) The application of subsection (a) of this section shall
include, but shall not be limited to, the following:
(1) Whenever the laws of the United States refer or
relate to foreign countries, nations, states,
governments, or similar entities, such terms shall
include and such laws shall apply with respect to
Taiwan.
(2) Whenever authorized by or pursuant to the laws of
the United States to conduct or carry out programs,
transactions, or other relations with respect to
foreign countries, nations, states, governments, or
similar entities, the President or any agency of the
United States Government is authorized to conduct and
carry out, in accordance with section 6 of this Act,
such programs, transactions, and other relations with
respect to Taiwan (including, but not limited to, the
performance of services for the United States through
contracts with commercial entities on Taiwan), in
accordance with the applicable laws of the United
States.
(3)(A) The absence of diplomatic relations and
recognition with respect to Taiwan shall not abrogate,
infringe, modify, deny, or otherwise affect in any way
any rights or obligations (including but not limited to
those involving contracts, debts, or property interests
of any kind) under the laws of the United States
heretofore or hereafter acquired by or with respect to
Taiwan.
(B) For all purposes under the laws of the United
States, including actions in any court in the United
States, recognition of the People's Republic of China
shall not affect in any way the ownership of or other
rights or interests in properties, tangible and
intangible, and other things of value, owned or held on
or prior to December 31, 1978, or thereafter acquired
or earned by the governing authorities on Taiwan.
(4) Whenever the application of the laws of the
United States depends upon the law that is or was
applicable on Taiwan or compliance therewith, the law
applied by the people on Taiwan shall be considered the
applicable law for that purpose.
(5) Nothing in this Act, nor the facts of the
President's action in extending diplomatic recognition
to the People's Republic of China, the absence of
diplomatic relations between the people on Taiwan and
the United States, or the lack of recognition by the
United States, and attendant circumstances thereto,
shall be construed in any administrative or judicial
proceeding as a basis for any United States Government
agency, commission, or department to make a finding of
fact or determination of law, under the Atomic Energy
Act of 1954 and the Nuclear Non-Proliferation Act of
1978, to deny an export license application or to
revoke an existing export license for nuclear exports
to Taiwan.
(6) For purposes of the Immigration and Nationality
Act, Taiwan may be treated in the manner specified in
the first sentence of section 202(b) of that Act.\6\
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\6\ Sec. 714 of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1548) provided the
following:
``Sec. 714. The approval referred to in the first sentence of
section 202(b) of the Immigration and Nationality Act shall be
considered to have been granted with respect to Taiwan (China).''.
The first sentence of sec. 202(b) of the Immigration and
Nationality Act, as amended (8 U.S.C. 1152(b)) provides: ``Each
independent country, self-governing dominion, mandated territory, and
territory under the international trusteeship system of the United
Nations, other than the United States and its outlying possessions,
shall be treated as a separate foreign state for the purposes of a
numerical level established under subsection (a)(2) of this section
when approved by the Secretary of State.''.
On April 30, 1979, pursuant to sec. 104 of the Immigration and
Nationality Act (8 U.S.C. 1104), the Department of State amended 22 CFR
Part 42 effective April 23, 1979 to provide that aliens in Taiwan
applying for immigrant visas shall be required to appear personally
before a designated officer of the American Institute in Taiwan in
connection with the execution of his immigrant visa application (44
F.R. 28659; May 16, 1979).
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(7) The capacity of Taiwan to sue and be sued in
courts in the United States, in accordance with the
laws of the United States, shall not be abrogated,
infringed, modified, denied, or otherwise affected in
any way by the absence of diplomatic relations or
recognition.
(8) No requirement, whether expressed or implied,
under the laws of the United States with respect to
maintenance of diplomatic relations or recognition
shall be applicable with respect to Taiwan.
(c) For all purposes, including actions in any court in the
United States, the Congress approves the continuation in force
of all treaties and other international agreements, including
multilateral conventions, entered into by the United States and
the governing authorities on Taiwan recognized by the United
States as the Republic of China prior to January 1, 1979, and
in force between them on December 31, 1978, unless and until
terminated in accordance with law.
(d) Nothing in this Act may be construed as a basis for
supporting the exclusion or expulsion of Taiwan from continued
membership in any international financial institution of any
other international organization.
overseas private investment corporation
Sec. 5.\7\ (a) During the three-year period beginning on
the date of enactment of this Act, the $1,000 per capita income
restriction in clause (2) of the second undesignated paragraph
of section 231 of the Foreign Assistance Act of 1961 shall not
restrict the activities of the Overseas Private Investment
Corporation in determining whether to provide any insurance,
reinsurance, loans, or guaranties with respect to investment
projects on Taiwan.
---------------------------------------------------------------------------
\7\ 22 U.S.C. 3304.
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(b) Except as provided in subsection (a) of this section,
in issuing insurance, reinsurance, loans, or guaranties with
respect to investment projects on Taiwan, the Overseas Private
Insurance Corporation shall apply the same criteria as those
applicable in other parts of the world.
the american institute of taiwan
Sec. 6.\8\ (a) Programs, transactions, and other relations
conducted or carried out by the President or any agency of the
United States Government with respect to Taiwan shall, in the
manner and to the extent directed by the President, be
conducted and carried out by or through--
---------------------------------------------------------------------------
\8\ 22 U.S.C. 3305.
---------------------------------------------------------------------------
(1) The American Institute in Taiwan, a nonprofit
corporation incorporated under the laws of the District
of Columbia, or
(2) such comparable successor nongovernmental entity
as the President may designate,
(hereafter in this Act referred to as the ``Institute'').
(b) Whenever the President or any agency of the United
States Government is authorized or required by or pursuant to
the laws of the United States to enter into, perform, enforce,
or have in force an agreement or transaction relative to
Taiwan, such agreement or transaction shall be entered into,
performed, and enforced, in the manner and to the extent
directed by the President, by or through the Institute.
(c) To the extent that any law, rule, regulation, or
ordinance of the District of Columbia, or of any State or
political subdivision thereof in which the Institute is
incorporated or doing business, impedes or otherwise interferes
with the performance of the functions of the Institute pursuant
to this Act, such law, rule, regulation, or ordinance shall be
deemed to be preempted by this Act.
services by the institute to united states citizens on taiwan
Sec. 7.\9\ (a) The Institute may authorize any of its
employees on Taiwan--
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\9\ 22 U.S.C. 3306.
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(1) to administer to or take from any person on oath,
affirmation, affidavit, or deposition, and to perform
any notarial act which any notary public is required or
authorized by law to perform within the United States;
(2) to act as provisional conservator of the personal
estates of deceased United States citizens; and
(3) to assist and protect the interests of United
States persons by performing other acts such as are
authorized to be performed outside the United States
for consular purposes by such laws of the United States
as the President may specify.
(b) Acts performed by authorized employees of the Institute
under this section shall be valid, and of like force and effect
within the United States, as if performed by any other person
authorized under the laws of the United States to perform such
acts.
tax exempt status of the institute
Sec. 8.\10\ (a) The Institute, its property, and its income
are exempt from all taxation now or hereafter imposed by the
United States (except to the extent that section 11(a)(3) of
this Act requires the imposition of taxes imposed under chapter
21 of the Internal Revenue Code of 1986,\11\ relating to the
Federal Insurance Contributions Act) or by any State or local
taxing authority of the United States.
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\10\ 22 U.S.C. 3307.
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(b) For purposes of the Internal Revenue Code of 1986,\11\
the Institute shall be treated as an organization described in
sections 170(b)(1)(A), 170(c), 2055(a), 2106(a)(2)(A), 2522(a),
and 2522(b).
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\11\ Sec. 2 of the Tax Reform Act of 1986 (Public Law 99-514; 100
Stat. 2095) struck out ``Internal Revenue Code of 1954'' and inserted
in lieu thereof ``Internal Revenue Code of 1986'', wherever it is cited
in any law.
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furnishing property and services to and obtaining services from the
institute
Sec. 9.\12\ (a) Any agency of the United States Government
is authorized to sell, loan, or lease property (including
interests therein) to, and to perform administrative and
technical support functions and services for the operations of,
the Institute upon such terms and conditions as the President
may direct. Reimbursements to agencies under this subsection
shall be credited to the current applicable appropriation of
the agency concerned.
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\12\ 22 U.S.C. 3308.
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(b) Any agency of the United States Government is
authorized to acquire and accept services from the Institute
upon such terms and conditions as the President may direct.
Whenever the President determines it to be in furtherance of
the purposes of this Act, the procurement of services by such
agencies from the Institute may be effected without regard to
such laws of the United States normally applicable to the
acquisition of services by such agencies as the President may
specify by Executive order.
(c) Any agency of the United States Government making funds
available to the Institute in accordance with this Act shall
make arrangements with the Institute for the Comptroller
General of the United States to have access to the books and
records of the Institute and the opportunity to audit the
operations of the Institute.
taiwan instrumentality
Sec. 10.\13\ (a) Whenever the President or any agency of
the United States Government is authorized or required by or
pursuant to the laws of the United States to render or provide
to or to receive or accept from Taiwan, any performance,
communication, assurance, undertaking, or other action, such
action shall, in the manner and to the extent directed by the
President, be rendered or provided to, or received or accepted
from, an instrumentality established by Taiwan which the
President determines has the necessary authority under the laws
applied by the people on Taiwan to provide assurances and take
other actions on behalf of Taiwan in accordance with this Act.
---------------------------------------------------------------------------
\13\ 22 U.S.C. 3309.
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(b) The President is requested to extend to the
instrumentality established by Taiwan the same number of
offices and complement of personnel as were previously operated
in the United States by the governing authorities on Taiwan
recognized as the Republic of China prior to January 1, 1979.
(c) Upon the granting by Taiwan of comparable privileges
and immunities with respect to the Institute and its
appropriate personnel, the President is authorized to extend
with respect to the Taiwan instrumentality and its appropriate
personnel, such privileges and immunities (subject to
appropriate conditions and obligations) as may be necessary for
the effective performance of their functions.
separation of government personnel for employment with the institute
Sec. 11.\14\ (a)(1) Under such terms and conditions as the
President may direct, any agency of the United States
Government may separate from Government service for a specified
period any officer or employee of that agency who accepts
employment with the Institute.
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\14\ 22 U.S.C. 3310.
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(2) An officer or employee separated by an agency under
paragraph (1) of this subsection for employment with the
Institute shall be entitled upon termination of such employment
to reemployment or reinstatement with such agency (or a
successor agency) in an appropriate position with the attendant
rights, privileges, and benefits which the officer or employee
would have had or acquired had he or she not been so separated,
subject to such time period and other conditions as the
President may prescribe.
(3) An officer or employee entitled to reemployment or
reinstatement rights under paragraph (2) of this subsection
shall, while continuously employed by the Institute with no
break in continuity of service, continue to participate in any
benefit program in which such officer or employee was
participating prior to employment by the Institute, including
programs for compensation for job-related deaths, injury, or
illness; programs for health and life insurance; programs for
annual, sick, and other statutory leave; and programs for
retirement under any system established by the laws of the
United States; except that employment with the Institute shall
be the basis for participation in such programs only to the
extent that employee deductions and employer contributions, as
required in payment for such participation for the period of
employment with the Institute, are currently deposited in the
program's or system's fund or depository. Death or retirement
of any such officer or employee during approved service with
the Institute and prior to reemployment or reinstatement shall
be considered a death in or retirement from Government service
for purposes of any employee or survivor benefits acquired by
reason of service with any agency of the United States
Government.
(4) Any officer or employee of an agency of the United
States Government who entered into service with the Institute
on approved leave of absence without pay prior to the enactment
of this Act shall receive the benefits of this section for the
period of such service.
(b) Any agency of the United States Government employing
alien personnel on Taiwan may transfer such personnel, with
accrued allowances, benefits, and rights, to the Institute
without a break in service for purposes of retirement and other
benefits, including continued participation in any system
established by the laws of the United States for the retirement
of employees in which the alien was participating prior to the
transfer to the Institute, except that employment with the
Institute shall be creditable for retirement purposes only to
the extent that employee deductions and employer contributions,
as required, in payment for such participation for the period
of employment with the Institute, are currently deposited in
the system's fund or depository.
(c) Employees of the Institute shall not be employees of
the United States and, in representing the Institute, shall be
exempt from section 207 of title 18, United States Code.
(d)(1) For purposes of sections 911 and 913 of the Internal
Revenue Code of 1986,\11\ amounts paid by the Institute to its
employees shall not be treated as earned income. Amounts
received by employees of the Institute shall not be included in
gross income, and shall be exempt from taxation, to the extent
that they are equivalent to amounts received by civilian
officers and employees of the Government of the United States
as allowances and benefits which are exempt from taxation under
section 912 of such Code.
(2) Except to the extent required by subsection (a)(3) of
this section, service performed in the employ of the Institute
shall not constitute employment for purposes of chapter 21 of
such Code and title II of the Social Security Act.
reporting requirement
Sec. 12.\15\ (a) The Secretary of State shall transmit to
the Congress the text of any agreement to which the Institute
is a party. However, any such agreement the immediate public
disclosure of which would, in the opinion of the President, be
prejudicial to the national security of the United States shall
not be so transmitted to the Congress but shall be transmitted
to the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs \16\ of the House of
Representatives under an appropriate injunction of secrecy to
be removed only upon due notice from the President.
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\15\ 22 U.S.C. 3311.
\16\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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(b) For purposes of subsection (a), the term ``agreement''
includes--
(1) any agreement entered into between the Institute
and the governing authorities on Taiwan or the
instrumentality established by Taiwan; and
(2) any agreement entered into between the Institute
and an agency of the United States Government.
(c) Agreements and transactions made or to be made by or
through the Institute shall be subject to the same
congressional notification, review, and approval requirements
and procedures as if such agreements and transactions were made
by or through the agency of the United States Government on
behalf of which the Institute is acting.
(d) \17\ * * * [Repealed--1983]
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\17\ Sec. 1011(a)(3) of the Department of State Authorization Act,
Fiscal Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1061) repealed
subsec. (d). Subsec. (d) had required a report from the Secretary of
State to the Congress every 6 months until April 1981 regarding the
economic relations between the United States and Taiwan.
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rules and regulations
Sec. 13.\18\ The President is authorized to prescribe such
rules and regulations as he may deem appropriate to carry out
the purposes of this Act. During the three-year period
beginning on the effective date of this Act, such rules and
regulations shall be transmitted promptly to the Speaker of the
House of Representatives and to the Committee on Foreign
Relations of the Senate. Such action shall not, however,
relieve the Institute of the responsibilities placed upon it by
this Act.
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\18\ 22 U.S.C. 3312.
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congressional oversight
Sec. 14.\19\ (a) The Committee on Foreign Affairs \16\ of
the House of Representatives, the Committee on Foreign
Relations of the Senate, and other appropriate committees of
the Congress shall monitor--
---------------------------------------------------------------------------
\19\ 22 U.S.C. 3313.
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(1) the implementation of the provisions of this Act;
(2) the operation and procedures of the Institute;
(3) the legal and technical aspects of the continuing
relationship between the United States and Taiwan; and
(4) the implementation of the policies of the United
States concerning security and cooperation in East
Asia.
(b) Such committees shall report, as appropriate, to their
respective Houses on the results of their monitoring.
definitions
Sec. 15.\20\ For purposes of this Act--
---------------------------------------------------------------------------
\20\ 22 U.S.C. 3314.
---------------------------------------------------------------------------
(1) the term ``laws of the United States'' includes
any statute, rule, regulation, ordinance, order, or
judicial rule of decision of the United States or any
political subdivision thereof; and
(2) the term ``Taiwan'' includes, as the context may
require, the islands of Taiwan and the Pescadores, the
people on those islands, corporation and other entities
and associations created or organized under the laws
applied on those islands, and the governing authorities
on Taiwan recognized by the United States as the
Republic of China prior to January 1, 1979, and any
successor governing authorities (including political
subdivisions, agencies, and instrumentalities thereof).
authorization of appropriations
Sec. 16.\21\ In addition to funds otherwise available to
carry out the provisions of this Act, there are authorized to
be appropriated to the Secretary of State for the fiscal year
1980 such funds as may be necessary to carry out such
provisions.\22\ Such funds are authorized to remain available
until expended.
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\21\ 22 U.S.C. 3315.
\22\ The Department of State Appropriations Act, 1986 (title III of
Public Law 99-180; 99 Stat. 1150) provided $9,800,000 for necessary
expenses to carry out this Act during fiscal year 1986. The Department
of State Appropriations Act, 1987 (title III of Public Law 99-591; 100
Stat. 3341) provided $9,379,000 for fiscal year 1987. The Department of
State Appropriations Act, 1988 (title III of Public Law 100-202; 101
Stat. 1329) provided $11,000,000 for fiscal year 1988. The Department
of State Appropriations Act, 1989 (title III of Public Law 100-459; 102
Stat. 2205) provided $10,890,000 for fiscal year 1989. The Department
of State Appropriations Act, 1990 (title III of Public Law 101-162; 103
Stat. 1007) provided $11,300,000 for fiscal year 1990. The Department
of State Appropriations Act, 1991 (title III of Public Law 101-515; 104
Stat. 2126) provided $11,752,000 for fiscal year 1991. The Department
of State and Related Agencies Appropriations Act, 1992 (title V of
Public Law 102-140; 105 Stat. 818) provided $13,784,000 for fiscal year
1992. The Department of State and Related Agencies Appropriations Act,
1993 (title V of Public Law 102-395; 106 Stat. 1866) provided
$15,543,000 for fiscal year 1993. The Department of State and Related
Agencies Appropriations Act, 1994 (title V of Public Law 103-121; 107
Stat. 1186) provided $15,165,000 for fiscal year 1994. The Department
of State and Related Agencies Appropriations Act, 1995 (title V of
Public Law 103-317; 108 Stat. 1762) provided $15,465,000 for fiscal
year 1995. The Department of State and Related Agencies Appropriations
Act, 1996 (title IV of sec. 101 of title I of Public Law 104-134; 110
Stat. 1321-38) provided $15,165,000 for fiscal year 1996. The
Department of State and Related Agencies Appropriations Act, 1997
(title V of sec. 101(a) of title I of Public Law 104-208; 110 Stat.
3009) provided $14,490,000 for fiscal year 1997. The Department of
State and Related Agencies Appropriations Act, 1998 (title IV of Public
Law 105-119; 111 Stat. 2496) provided $14,000,000 for fiscal year 1998.
The Department of State and Related Agencies Appropriations Act, 1999
(title IV of sec. 101(b) of Public Law 105-277; 112 Stat. 2681-95)
provided $14,750,000 for fiscal year 1999. The Department of State and
Related Agency Appropriations Act, 2000 (title IV of H.R. 3421, enacted
by reference in sec. 1000(a)(1) of Public Law 106-113; 113 Stat. 1536)
provided $15,375,000 for fiscal year 2000. The Department of State and
Related Agency Appropriations Act, 2001 (title IV of H.R. 5548, enacted
by reference in sec. 1(a)(2) of Public Law 106-553; 114 Stat. 2762A-92)
provided $16,345,000 for fiscal year 2001. The Department of State and
Related Agency Appropriations Act, 2002 (title IV of Public Law 107-77;
115 Stat. 785) provided $17,044,000 for fiscal year 2002. The
Department of State and Related Agency Appropriations Act, 2003 (title
IV of division B of Public Law 108-7; 117 Stat. 88) provided
$18,450,000 for fiscal year 2003. The Department of State and Related
Agency Appropriations Act, 2004 (title IV of division B of Public Law
108-199; 118 Stat. 82) provided $18,782,000 for fiscal year 2004. The
Department of State and Related Agency Appropriations Act, 2005 (title
IV of division B of Public Law 108-447; 118 Stat. 2898) provided
$19,482,000 for fiscal year 2005. The Department of State and Related
Agency Appropriations Act, 2006 (title IV of Public Law 109-108; 119
Stat. 2322) provided $19,751,000 for fiscal year 2006. The Department
of State, Foreign Operations, and Related Programs Appropriations Act,
2008 (title I of division J of Public Law 110-161; 121 Stat. 2280)
provided $16,351,000 for fiscal year 2008. The Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2008
(title I of division H of Public Law 111-8; 123 Stat. 835) provided
$16,840,000 for fiscal year 2009.
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severability of provisions
Sec. 17.\23\ If any provision of this Act or the
application thereof to any person or circumstance is held
invalid, the remainder of the Act and the application of such
provision to any other person or circumstance shall not be
affected thereby.
---------------------------------------------------------------------------
\23\ 22 U.S.C. 3316.
---------------------------------------------------------------------------
effective date
Sec. 18. This Act shall be effective as of January 1, 1979.
b. Participation of Taiwan in the World Health Organization \1\
Public Law 108-235 [S. 2092], 118 Stat. 656, approved June 14, 2004
AN ACT To address the participation of Taiwan in the World Health
Organization.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
---------------------------------------------------------------------------
\1\ 22 U.S.C. 290 note. Public Law 107-10 (115 Stat. 17), Public
Law 107-158 (116 Stat. 121), Public Law 106-137 (113 Stat. 1691), and
Public Law 108-28 (117 Stat. 769) also concern Taiwan's participation
in the WHO. Sec. 1(c) of this Act made the one-time reporting
requirements in these previous Acts permanent and recurring.
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SECTION 1. CONCERNING THE PARTICIPATION OF TAIWAN IN THE WORLD HEALTH
ORGANIZATION.
(a) Findings.--Congress makes the following findings:
(1) Good health is important to every citizen of the
world and access to the highest standards of health
information and services is necessary to improve the
public health.
(2) Direct and unobstructed participation in
international health cooperation forums and programs is
beneficial for all parts of the world, especially today
with the great potential for the cross-border spread of
various infectious diseases suchas the human
immunodeficiency virus (HIV), tuberculosis, and
malaria.
(3) Taiwan's population of 23,500,000 people is
greater than that of \3/4\ of the member states already
in the World Health Organization (WHO).
(4) Taiwan's achievements in the field of health are
substantial, including--
(A) attaining--
(i) 1 \2\ of the highest life
expectancy levels in Asia; and
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\2\ As enrolled.
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(ii) maternal and infant mortality
rates comparable to those of western
countries;
(B) eradicating such infectious diseases as
cholera, smallpox, the plague, and polio; and
(C) providing children with hepatitis B
vaccinations.
(5) The United States Centers for Disease Control and
Prevention and its counterpart agencies in Taiwan have
enjoyed close collaboration on a wide range of public
health issues.
(6) In recent years Taiwan has expressed a
willingness to assist financially and technically in
international aid and health activities supported by
the WHO.
(7) On January 14, 2001, an earthquake, registering
between 7.6 and 7.9 on the Richter scale, struck El
Salvador. In response, the Taiwanese Government sent 2
rescue teams, consisting of 90 individuals specializing
in firefighting, medicine, and civil engineering. The
Taiwanese Ministry of Foreign Affairs also donated
$200,000 in relief aid to the Salvadoran Government.
(8) The World Health Assembly has allowed observers
to participate in the activities of the organization,
including the Palestine Liberation Organization in
1974, the Order of Malta, and the Holy See in the early
1950's.
(9) The United States, in the 1994 Taiwan Policy
Review, declared its intention to support Taiwan's
participation in appropriate international
organizations.
(10) Public Law 106-137 required the Secretary of
State to submit a report to Congress on efforts by the
executive branch to support Taiwan's participation in
international organizations, in particular the WHO.
(11) In light of all benefits that Taiwan's
participation in the WHO can bring to the state of
health not only in Taiwan, but also regionally and
globally, Taiwan and its 23,500,000 people should have
appropriate and meaningful participation in the WHO.
(12) On May 11, 2001, President Bush stated in a
letter to Senator Murkowski that the United States
``should find opportunities for Taiwan's voice to be
heard in international organizations in order to make a
contribution, even if membership is not possible'',
further stating that the administration ``has focused
on finding concrete ways for Taiwan to benefit and
contribute to the WHO''.
(13) In his speech made in the World Medical
Association on May 14, 2002, Secretary of Health and
Human Services Tommy Thompson announced ``America's
work for a healthy world cuts across political lines.
That is why my government supports Taiwan's efforts to
gain observership status at the World Health Assembly.
We know this is a controversial issue, but we do not
shrink from taking a public stance on it. The people of
Taiwan deserve the same level of public health as
citizens of every nation on earth, and we support them
in their efforts to achieve it''.
(14) The Government of the Republic of China on
Taiwan, in response to an appeal from the United
Nations and the United States for resources to control
the spread of HIV/AIDS, donated $1,000,000 to the
Global Fund to Fight AIDS, Tuberculosis, and Malaria in
December 2002.
(15) In 2003, the outbreak of Severe Acute
Respiratory Syndrome (SARS) caused 84 deaths in Taiwan.
(16) Avian influenza, commonly known as bird flu, has
reemerged in Asia, with strains of the influenza
reported by the People's Republic of China, Cambodia,
Indonesia, Japan, Pakistan, South Korea, Taiwan,
Thailand, Vietnam, and Laos.
(17) The SARS and avian influenza outbreaks
illustrate that disease knows no boundaries and
emphasize the importance of allowing all people access
to the WHO.
(18) As the pace of globalization quickens and the
spread of infectious disease accelerates, it is crucial
that all people, including the people of Taiwan, be
given the opportunity to participate in international
health organizations such as the WHO.
(19) The Secretary of Health and Human Services
acknowledged during the 2003 World Health Assembly
meeting that ``[t]he need for effective public health
exists among all peoples''.
(b) Plan.--The Secretary of State is authorized to--
(1) initiate a United States plan to endorse and
obtain observer status for Taiwan at the annual week-
long summit of the World Health Assembly each year in
Geneva, Switzerland;
(2) instruct the United States delegation to the
World Health Assembly in Geneva to implement that plan;
and
(3) introduce a resolution in support of observer
status for Taiwan at the summit of the World Health
Assembly.
(c) Report Concerning Observer Status for Taiwan at the
Summit of the World Health Assembly.--Not later than 30 days
after the date of the enactment of this Act, and not later than
April 1 of each year thereafter, the Secretary of State shall
submit a report to the Congress, in unclassified form,
describing the United States plan to endorse and obtain
observer status for Taiwan at the annual week-long summit of
the World Health Assembly (WHA) held by the World Health
Organization (WHO) in May of each year in Geneva, Switzerland.
Each report shall include the following:
(1) An account of the efforts the Secretary of State
has made, following the last meeting of the World
Health Assembly, to encourage WHO member states to
promote Taiwan's bid to obtain observer status.
(2) The steps the Secretary of State will take to
endorse and obtain observer status at the next annual
meeting of the World Health Assembly in Geneva,
Switzerland.
c. American Institute in Taiwan Facilities Enhancement Act
Public Law 106-212 [H.R. 3707], 114 Stat. 332, approved May 26, 2000
AN ACT To authorize funds for the construction of a facility in Taipei,
Taiwan suitable for the mission of the American Institute in Taiwan.
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 ``American Institute in Taiwan
Facilities Enhancement Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) in the Taiwan Relations Act of 1979 (22 U.S.C.
3301 et seq.), the Congress established the American
Institute in Taiwan (hereafter in this Act referred to
as ``AIT''), a nonprofit corporation incorporated in
the District of Columbia, to carry out on behalf of the
United States Government any and all programs,
transactions, and other relations with Taiwan;
(2) the Congress has recognized AIT for the
successful role it has played in sustaining and
enhancing United States relations with Taiwan;
(3) the Taipei office of AIT is housed in buildings
which were not originally designed for the important
functions that AIT performs, whose location does not
provide adequate security for its employees, and which,
because they are almost 50 years old, have become
increasingly expensive to maintain;
(4) the aging state of the AIT office building in
Taipei is neither conducive to the safety and welfare
of AIT's American and local employees nor commensurate
with the level of contact that exists between the
United States and Taiwan;
(5) AIT has made a good faith effort to set aside
funds for the construction of a new office building,
but these funds will be insufficient to construct a
building that is large and secure enough to meet AIT's
current and future needs; and
(6) because the Congress established AIT and has a
strong interest in United States relations with Taiwan,
the Congress has a special responsibility to ensure
that AIT's requirements for safe and appropriate office
quarters are met.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There is authorized
to be appropriated the sum of $75,000,000 to AIT--
(1) for plans for a new facility and, if necessary,
residences or other structures located in close
physical proximity to such facility, in Taipei, Taiwan,
for AIT to carry out its purposes under the Taiwan
Relations Act; and
(2) for acquisition by purchase or construction of
such facility, residences, or other structures.
(b) Limitations.--Funds appropriated pursuant to subsection
(a) may only be used if the new facility described in that
subsection meets all requirements applicable to the security of
United States diplomatic facilities, including the requirements
in the Omnibus Diplomatic Security and Anti-Terrorism Act of
1986 (22 U.S.C. 4801 et seq.) and the Secure Embassy
Construction and Counterterrorism Act of 1999 (as enacted by
section 1000(a)(7) of Public Law 106-113; 113 Stat. 1501A-451),
except for those requirements which the Director of AIT
certifies to the Committee on International Relations of the
House of Representatives and the Committee on Foreign Relations
of the Senate are not applicable on account of the special
status of AIT. In making such certification, the Director shall
also certify that security considerations permit the exercise
of the waiver of such requirements.
(c) Availability of Funds.--Amounts appropriated pursuant
to subsection (a) are authorized to remain available until
expended.
d. Maintaining Unofficial Relations With the People of Taiwan
Executive Order 13014, 61 F.R. 42963, August 15, 1996, 22 U.S.C. 3301
note
In light of the recognition of the People's Republic of
China by the United States of America as the sole legal
government of China, and by the authority vested in me as
President of the United States of America by the Taiwan
Relations Act (Public Law 96-8, 22 U.S.C. 3301 et seq.)
(``Act''), and section 301 of title 3, United States Code, in
order to facilitate the maintenance of commercial, cultural,
and other relations between the people of the United States and
the people on Taiwan without official representation or
diplomatic relations, it is hereby ordered as follows:
Section 1. Delegation and Reservation of Functions.
1-101. Exclusive of the functions otherwise delegated, or
reserved to the President by this order, there are delegated to
the Secretary of State (``Secretary'') all functions conferred
upon the President by the Act, including the authority under
section 7(a) of the Act to specify which laws of the United
states relative to the provision of consular services may be
administered by employees of the American Institute on Taiwan
(``Institute''). In carrying out these functions, the Secretary
may redelegated his authority, and shall consult with other
departments and agencies as he deems appropriate.
1-102. There are delegated to the Director of the Office of
Personnel Management the functions conferred upon the President
by paragraphs (1) and (2) of section 11(a) of the Act. These
functions shall be exercised in consultation with the
Secretary.
1-103. There are reserved to the President the functions
conferred upon the President by section 3, the second sentence
of section 9(b), and the determination specified in section
10(a) of the Act.
Sec. 2. Specification of Laws and Determinations.
2-201. Pursuant to section 9(b) of the Act, and in
furtherance of the purposes of the Act, the procurement of
services may be effected by the Institute without regard to the
following provisions of law and limitations of authority as
they may be amended from time to time:
(a) Sections 1301(d) and 1341 of title 31, United
States Code, and section 3732 of the Revised Statutes
(41 U.S.C. 11) to the extent necessary to permit the
indemnification of contractors against unusually
hazardous risks, as defined in Institute contracts,
consistent, to the extent practicable, with section
52.228-7 of the Federal Acquisition Regulations;
(b) Section 3324 of title 31, United States Code;
(c) Sections 3709, 3710, and 3735 of the Revised
Statutes, as amended (41 U.S.C. 5, 8, and 13);
(d) Section 2 of title III of the Act of March 3,
1933 (41 U.S.C. 10a);
(e) Title III of the Federal Property and
Administrative Services Act of 1949, as amended (41
U.S.C. 251-260);
(f) The Contract Disputes Act of 1978, as amended (41
U.S.C. 601-613);
(g) Chapter 137 of title 10, United States Code (10
U.S.C. 2301-2316);
(h) The Act of May 11, 1954 (the ``Anti-Wunderlich
Act'') (41 U.S.C. 321, 322); and
(i) Section (f) of 41 U.S.C. 423.
2-202. (a) With respect to cost-type contracts with the
Institute under which no fee is charged or paid, amendments and
modifications of such contracts may be made with or without
consideration and may be utilized to accomplish the same things
as any original contract could have accomplished, irrespective
of the time or circumstances of the making, or the form of the
contract amended or modified, or of the amending or modifying
contract and irrespective of rights that may have accrued under
the contractor, the amendments or modifications thereof.
(b) With respect to contracts heretofore or hereafter made
under the Act, other than those described in subsection (a) of
this section, amendments and modifications of such contracts
may be made with or without consideration and may be utilized
to accomplish the same things as any original contract could
have accomplished, irrespective of the time or circumstances of
the making, or the form of the contract amended or modified, or
of the amending or modifying contract, and irrespective of
rights that may have accrued under the contract or the
amendments or modifications thereof, if the Secretary
determines in each case that such action is necessary to
protect the foreign policy interests of the United States.
2-203. Pursuant to section 10(a) of the Act, the Taipei
Economic and Cultural Representative Office of the United
States (``TECRO''), formerly the Coordination Council for North
American Affairs (``CCNAA''), is determined to be the
instrumentality established by the people on Taiwan having the
necessary authority under the laws applied by the people on
Taiwan to provide assurances and take other actions on behalf
of Taiwan in accordance with the Act. Nothing contained in this
determination or order shall affect, or be construed to affect,
the continued validity of agreements, contracts, or other
undertakings, of whatever kind or nature, entered into
previously by CCNAA.
Sec. 3. President's Memorandum of December 30, 1978.
3-301. Agreements and arrangements referred to in paragraph
(B) of President Carter's memorandum of December 30, 1978,
entitled ``Relations With the People on Taiwan'' (44 F.R. 1075)
shall, unless otherwise terminated or modified in accordance
with law, continue in force and be performed in accordance with
the Act and this order.
Sec. 4. General. This order supersedes Executive Order No. 12143 of
June 22, 1979.\1\
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\1\ 44 F.R. 37191 (June 28, 1979).
9. Panama Canal
a. Panama Canal Act of 1979 \1\
Partial text of Public Law 96-70 [H.R. 111], 93 Stat. 452, approved
September 27, 1979; as amended by Public Law 98-217 [H.R. 3969], 98
Stat. 9, approved February 14, 1984; Public Law 98-600 [H.R. 6101], 98
Stat. 3145, approved October 30, 1984; Public Law 99-195 [H.R. 664], 99
Stat. 1349, approved December 23, 1985; Public Law 99-209 [Panama Canal
Amendments Act of 1985, H.R. 729], 99 Stat. 1716, approved December 23,
1985; Public Law 99-223 [Panama Canal Commission Authorization Act,
Fiscal Year 1986; H.R. 1784], 99 Stat. 1738, approved December 28,
1985; Public Law 99-368 [Panama Canal Commission Authorization Act,
Fiscal Year 1987; H.R. 4409], 100 Stat. 775, approved August 1, 1986;
Public Law 100-203 [Omnibus Budget Reconciliation Act of 1987, H.R.
3545], 101 Stat. 1330, approved December 22, 1987; Public Law 100-705
[Panama Canal Commission Compensation Fund Act of 1988, H.R. 5287], 102
Stat. 4685, approved November 19, 1988; Public Law 101-510 [National
Defense Authorization Act for Fiscal Year 1991, H.R. 4739], 104 Stat.
1485, approved November 5, 1990; Public Law 102-484 [National Defense
Authorization Act for Fiscal Year 1993, H.R. 5006], 106 Stat. 2315,
approved October 23, 1992; Public Law 103-160 [National Defense
Authorization Act for Fiscal Year 1994, H.R. 2401], 107 Stat. 1547,
approved November 30, 1993; Public Law 103-416 [Immigration and
Nationality Technical Corrections Act of 1994; H.R. 783], 108 Stat.
4305, approved October 25, 1994; Public Law 103-337 [National Defense
Authorization Act for Fiscal Year 1995; S. 2182], 108 Stat. 2663,
approved October 5, 1994; Public Law 103-416 [Immigration and
Nationality Corrections Act of 1994; H.R. 783], 108 Stat. 4305,
approved October 25, 1994; Public Law 104-66 [Federal Reports
Elimination and Sunset Act of 1995; S. 790], 109 Stat. 707, approved
December 21, 1995; Public Law 104-99 [Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1996, H.R. 1868,
enacted by reference in sec. 301 of Public Law 104-99; H.R. 2880], 110
Stat. 26, approved January 26, 1996, enacted again as Public Law 104-
107 [H.R. 1868], 110 Stat. 755, approved February 12, 1996; Public Law
104-106 [National Defense Authorization Act for Fiscal Year 1996; S.
1124], 110 Stat. 186, approved February 10, 1996; Public Law 104-201
[National Defense Authorization Act for Fiscal Year 1997; H.R. 3230],
110 Stat. 2422, approved September 23, 1996; Public Law 105-85
[National Defense Authorization Act for Fiscal Year 1998; H.R. 1119],
111 Stat. 1629, approved November 18, 1997; 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 106-65
[National Defense Authorization Act for Fiscal Year 2000; S. 1059], 113
Stat. 512, approved October 5, 1999; and Public Law 108-309 [H.J. Res.
107], 118 Stat. 1137, approved September 30, 2004
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\1\ For text of the Panama Canal Treaty, the document that this
legislation implemented, see Legislation on Foreign Relations Through
2008, vol. V, sec. G.
Sec. 3504(b) of the Panama Canal Commission Authorization Act for
Fiscal Year 2000 (title XXXV of Public Law 106-65; 113 Stat. 975)
provided the following:
``(b) Operation of the Office of Transition Administration.--
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``(1) In general.--The Panama Canal Act of 1979 (22 U.S.C. 3601 et seq.)
shall continue to govern the Office of Transition Administration until
October 1, 2004.
``(2) Procurement.--For purposes of exercising authority under the
procurement laws of the United States, the director of the Office of
Transition Administration shall have the status of the head of an agency.
``(3) Offices.--The Office of Transition Administration shall have
offices in the Republic of Panama and in the District of Columbia. Section
1110(b)(1) of the Panama Canal Act of 1973 (22 U.S.C. 3620(b)(1)) does not
apply to such office in the Republic of Panama.
``(4) Office of transition administration defined.--In this subsection
the term `Office of Transition Administration' means the office established
under section 1305 of the Panama Canal Act of 1979 (22 U.S.C. 3714a) to
close out the affairs of the Panama Canal Commission.
``(5) Effective date.--This subsection shall be effective on and after
the termination of the Panama Canal Treaty of 1977.''.
AN ACT To provide for the operation and maintenance of the Panama Canal
under the Panama Treaty of 1977, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
short title
Section 1. This Act may be cited as the ``Panama Canal Act
of 1979''.
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\2\ Sec. 3548(d) of Public Law 104-201 (110 Stat. 2869) made
numerous changes to the table of contents, to reflect amendments to the
text of the Act. Secs. 3522(b), 3524(b), and 3526(b) of Public Law 104-
106 (110 Stat. 638, 640, 641) also amended the table of contents.
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TABLE OF CONTENTS \2\
Page
Sec. 1. Short title............................................... 856
Sec. 2. Statement of purpose...................................... 858
Sec. 3. Definitions............................................... 858
TITLE I--ADMINISTRATION AND REGULATIONS
Chapter 1--Panama Canal Commission
Sec. 1101. Establishment, Purposes, Offices, and Residence of
Commission.................................................... 860
Sec. 1102. Supervisory Board...................................... 860
Sec. 1102a. General powers of Commission.......................... 862
Sec. 1102b. Specific powers of Commission......................... 863
Sec. 1103. Administrator.......................................... 864
Sec. 1104. Deputy Administrator................................... 865
Sec. 1105. Consultative Committee................................. 865
Sec. 1106. Joint Commission on the Environment.................... 865
Sec. 1107. Travel expenses........................................ 866
Sec. 1108. Defense of the Panama Canal............................ 866
Sec. 1109. Joint Sea Level Canal Study Committee.................. 867
Sec. 1110. Authority of the Ambassador............................ 867
Sec. 1111. Security legislation................................... 868
Sec. 1112. Code of Conduct for Commission personnel............... 868
Sec. 1113. Office of Ombudsman.................................... 869
Chapter 2--Employees
Subchapter I--Panama Canal Commission Personnel
Sec. 1201. Definitions............................................ 870
Sec. 1202. Appointment and compensation; duties................... 870
Sec. 1203. Transfer of Federal employees.......................... 871
Sec. 1204. Compensation of individuals in the uniformed services.. 871
Sec. 1205. Deduction from basic pay of amounts due for supplies or
services...................................................... 872
Sec. 1208. Privileges and immunities of certain employees......... 872
Sec. 1209. Applicability of certain benefits...................... 872
Subchapter II--Wage and Employment Practices
Sec. 1210. Air transportation..................................... 873
Sec. 1211. Definitions............................................ 873
Sec. 1212. Panama Canal Employment System; merit and other
employment requirements....................................... 873
Sec. 1213. Employment standards................................... 874
Sec. 1216. Uniform application of standards and rates............. 875
Sec. 1217. Recruitment and retention remuneration................. 875
Sec. 1217a. Quarters allowances................................... 876
Sec. 1218. Benefits based on basic pay............................ 877
Sec. 1220. Review and adjustment of classifications, grades, and
pay level..................................................... 878
Sec. 1221. Panama Canal Board of Appeals; duties.................. 878
Sec. 1222. Appeals to Board; procedure; finality of decisions..... 878
Sec. 1224. Applicability of title 5, United States Code........... 879
Subchapter III--Conditions of Employment and Placement
Sec. 1231. Transferred on reemployed employees.................... 879
Sec. 1232. Placement.............................................. 882
Sec. 1233. Transition separation incentive payments............... 882
Subchapter IV--Retirement
Sec. 1241. Early retirement eligibility........................... 884
Sec. 1242. Early retirement computation........................... 884
Sec. 1243. Retirement under special treaty provisions............. 884
Sec. 1244. Obligation of Commission for unfunded liability........ 886
Sec. 1245. Administration of certain disability benefits.......... 886
Subchapter V--Leave
Subchapter VI--Application to Related Personnel
Sec. 1261. Law enforcement; Canal Zone Civilian Personnel Policy
Coordinating Board; related employees......................... 888
Subchapter VII--Labor-Management Relations
Sec. 1271. Labor-management relations............................. 888
Chapter 3--Funds and Accounts
Subchapter I--Funds
Sec. 1302. Panama Canal Revolving Fund............................ 890
Sec. 1303. Emergency authority.................................... 892
Sec. 1304. Borrowing authority.................................... 893
Sec. 1305. Dissolution of Commission.............................. 893
Sec. 1306. Printing............................................... 894
Subchapter II--Accounting Policies and Audits
Sec. 1311. Accounting policies.................................... 895
Sec. 1313. Audits................................................. 895
Subchapter III--Interagency Accounts
Sec. 1321. Interagency services; reimbursements................... 897
Subchapter IV--Postal Matters
Sec. 1331. Postal service......................................... 898
Subchapter V--Accounts With the Republic of Panama
Sec. 1341. Payment to the Republic of Panama...................... 899
Sec. 1342. Transactions with the Republic of Panama............... 900
Sec. 1343. Disaster relief........................................ 900
Sec. 1344. Congressional restraints on property transfers and
expenditures.................................................. 900
Chapter 4--Claims for Injuries to Persons or Property
Subchapter I--General Provisions
Sec. 1401. Settlement of claims generally......................... 902
Subchapter II--Vessel Damage
Sec. 1411. Injuries in locks of Canal............................. 902
Sec. 1412. Injuries outside locks................................. 903
Sec. 1413. Measures of damages generally.......................... 904
Sec. 1414. Delays for which no responsibility is assumed.......... 905
Sec. 1415. Settlement of claims................................... 905
Sec. 1416. Actions on claims...................................... 905
Sec. 1417. Investigation of accident or injury giving rise to
claim......................................................... 906
Sec. 1418. Board of Local Inspectors.............................. 906
Sec. 1419. Insurance.............................................. 907
Chapter 5--Public Property
Sec. 1501. Assets and liabilities of Panama Canal Company......... 907
Sec. 1502. Transfers and cross-servicing between agencies......... 907
Sec. 1503. Disposition of property of the United States........... 908
Sec. 1504. Transfer of property to Panama......................... 908
Chapter 6--Tolls for Use of the Panama Canal
Sec. 1601. Prescription of measurement rules and rates of tolls... 909
Sec. 1602. Bases of tolls......................................... 909
Sec. 1603. Calculation of interest................................ 910
Sec. 1604. Procedures............................................. 911
Chapter 7--General Regulations
Chapter 8--Shipping and Navigation
Subchapter I--Operation of Canal
Sec. 1801. Operating regulations.................................. 912
Subchapter II--Inspection of Vessels
Sec. 1811. Vessels subject to inspection.......................... 913
Sec. 1812. Foreign vessels........................................ 913
Sec. 1813. Regulations governing inspection....................... 913
TITLE III--GENERAL PROVISIONS
Chapter 1--Procurement
Sec. 3101. Procurement system..................................... 913
Sec. 3102. Panama Canal board of contract appeals................. 914
Chapter 2--Immigration
Sec. 3201. Special immigrants..................................... 916
Chapter 3--Reports; Amendments; Repeals and Redesignation; Effective
Date
Sec. 3301. Report................................................. 916
Sec. 3302. Exemption from Metric Conversion Act of 1975........... 916
Sec. 3303. Repeals and redesignation.............................. 916
Sec. 3304. Effective date......................................... 916
statement of purpose
Sec. 2.\3\ It is the purpose of this Act to provide
legislation necessary or desirable for the implementation of
the Panama Canal Treaty of 1977 between the United States of
America and the Republic of Panama and of the related
agreements accompanying that Treaty.
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\3\ 22 U.S.C. 3601.
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definitions \4\
Sec. 3.\5\ (a) For purposes of this Act--
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\4\ Sec. 3548(c)(1) of Public Law 104-201 (110 Stat. 2869) struck
out ``definitions and recommendation for legislation'' and inserted in
lieu thereof ``definitions''.
\5\ 22 U.S.C. 3602.
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(1) references to the Panama Canal Treaty of 1977
refer to the Panama Canal Treaty between the United
States of America and the Republic of Panama, signed
September 7, 1977; and
(2) references to the Panama Canal Treaty of 1977 and
related agreements refer to the Panama Canal Treaty of
1977, the agreements relating to and implementing that
Treaty, signed September 7, 1977; and the Agreement
Between the United States of America and the Republic
of Panama Concerning Air Traffic Control and Related
Services, concluded January 8, 1979.
(b) Subject to the provisions of subsection (c) of this
section, for purposes of applying laws of the United States and
regulations issued pursuant to such laws \6\ with respect to
transactions, occurrences, or status on or after October 1,
1979-- \7\
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\6\ Sec. 3550(d)(1) of the Panama Canal Transition Facilitation Act
of 1997 (subtitle B of title XXXV of Public Law 105-85; 111 Stat. 2074)
struck out ``the Canal Zone Code or other laws of the United States and
regulations issued pursuant to such Code or other laws'' and inserted
in lieu thereof ``laws of the United States and regulations issued
pursuant to such laws''.
\7\ Sec. 3550(d)(2)(A) of Public Law 105-85 (111 Stat. 2074) struck
out ``the effective date of this Act'' and inserted in lieu thereof
``October 1, 1979''.
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(1) ``Canal Zone'' shall be deemed to refer to the
areas and installations in the Republic of Panama made
available to the United States pursuant to the Panama
Canal Treaty of 1977 and related agreements;
(2) ``Canal Zone waters'' and ``waters of the Canal
Zone'' shall be deemed to refer to ``Panama Canal
waters'' and ``waters of the Panama Canal'',
respectively;
(3) ``Government of the Canal Zone'' or ``Canal Zone
Government'' shall be deemed to refer to the United
States of America;
(4) ``Governor of the Canal Zone'' or ``Governor'',
wherever the reference is to the Governor of the Canal
Zone, shall be deemed to refer to the Panama Canal
Commission; and \8\
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\8\ Sec. 3522(1) of Public Law 104-201 (110 Stat. 2860) inserted
``and'' after the semicolon at the end of para. (4), struck the
semicolon at the end of para. (5) and inserted a period, and struck
paras. (6) and (7), which had read as follows:
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``(6) in chapter 57 of title 5 of the Canal Zone, `hospitals' and `health
Bureau' shall be deemed to refer, respectively, to the hospitals operated
by the United States in the Republic of Panama, and to the organizational
unit operating such hospitals; and
``(7) in chapter 57 of title 5 of the Canal Zone Code, in section 4784 of
title 6 of such Code, and in section 2 of title 7 of such Code, `health
director' shall be deemed to refer to the senior official in charge of the
hospitals operated by the United States in the Republic of Panama.''.
(5) ``Panama Canal Company'' or ``Company'', wherever
the reference is to the Panama Canal Company, shall be
deemed to refer to the Panama Canal Commission.\8\
(c) Any reference set forth in subsection (b) of this
section shall apply except as otherwise provided in this Act or
unless (1) such reference is inconsistent with the provisions
of this Act, (2) in the context in which a term is used such
reference is clearly not intended, or (3) a term refers to a
time before October 1, 1979.\9\
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\9\ Sec. 3550(d)(2)(A) of Public Law 105-85 (111 Stat. 2074) struck
out ``the effective date of this Act'' and inserted in lieu thereof
``October 1, 1979''.
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(d) \10\ For purposes of this Act:
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\10\ Sec. 3512 of Public Law 105-85 (111 Stat. 2063) added the
current subsec. (d). Previously, sec. 3522(2) of Public Law 104-201
(110 Stat. 2860) struck out an earlier subsec. (d), which formerly read
as follows:
``(d) The President shall, within two years after the Panama Canal
Treaty of 1977 enters into force, submit to the Congress a request for
legislation which would--
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``(1) amend or repeal provisions of law which in their present form are
applicable only during the transition period prescribed in Article XI of
that Treaty.
``(2) repeal the Canal Zone Code, and
``(3) contain provisions considered necessary and appropriate in light of
the experience as of that time under that Treaty.''.
(1) The term ``Canal Transfer Date'' means December
31, 1999, such date being the date specified in the
Panama Canal Treaty of 1977 for the transfer of the
Panama Canal from the United States of America to the
Republic of Panama.
(2) The term ``Panama Canal Authority'' means the
entity created by the Republic of Panama to succeed the
Panama Canal Commission as of the Canal Transfer Date.
TITLE I--ADMINISTRATION AND REGULATIONS
Chapter 1--Panama Canal Commission
establishment, purposes, offices, and residence of commission
Sec. 1101.\11\ (a) For the purposes of managing, operating,
and maintaining the Panama Canal and its complementary works,
installations and equipment, and of conducting operations
incident thereto, in accordance with the Panama Canal Treaty of
1977 and related agreements, the Panama Canal Commission
(hereinafter in this Act referred to as the ``Commission'') is
established as a wholly owned government corporation (as that
term is used in chapter 91 of title 31, United States Code)
within the executive branch of the Government of the United
States. The authority of the President with respect to the
Commission shall be exercised through the Secretary of Defense.
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\11\ 22 U.S.C. 3611. Sec. 3522(a) of Public Law 104-106 (110 Stat.
638) amended and restated sec. 1101.
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(b) The principal office of the Commission shall be located
in the Republic of Panama in one of the areas made available
for use of the United States under the Panama Canal Treaty of
1977 and related agreements, but the Commission may establish
branch offices in such other places as it considers necessary
or appropriate for the conduct of its business. Within the
meaning of the laws of the United States relating to venue in
civil actions, the Commission is an inhabitant and resident of
the District of Columbia and the eastern judicial district of
Louisiana.
supervisory board
Sec. 1102.\12\ (a) \13\ The Commission shall be supervised
by a Board composed of nine members, one of whom shall be an
officer of the Department of Defense. The officer of the
Department of Defense who shall serve on the Board shall be
designated by the Secretary of Defense and may continue to
serve on the Board only while continuing to serve as an officer
of the Department of Defense.\14\ Not less than five members of
the Board shall be nationals of the United States and the
remaining members of the Board shall be nationals of the
Republic of Panama. Three members of the Board who are
nationals of the United States shall hold no other office in,
and shall not be employed by, the Government of the United
States, and shall be chosen for the independent perspective
they can bring to the Commission's affairs. Members of the
Board who are nationals of the United States shall cast their
votes as directed by the officer of the Department of Defense
designated by the Secretary of Defense to be a member of the
Board.\15\
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\12\ 22 U.S.C. 3612.
\13\ Sec. 3523 of Public Law 104-106 (110 Stat. 638) amended and
restated sec. 1102(a).
\14\ Sec. 3511(a)(1) of the Panama Canal Commission Authorization
Act for Fiscal Year 1999 (title XXXV of Public Law 105-261; 112 Stat.
2270) struck out ``The Commission shall be supervised by a Board
composed of nine members, one of whom shall be the Secretary of Defense
or an officer of the Department of Defense designated by the
Secretary.'' and inserted in lieu thereof ``The Commission shall be
supervised by a Board composed of nine members, one of whom shall be an
officer of the Department of Defense. The officer of the Department of
Defense who shall serve on the Board shall be designated by the
Secretary of Defense and may continue to serve on the Board only while
continuing to serve as an officer of the Department of Defense.''.
\15\ Sec. 3511(a)(2) of Public Law 105-261 (112 Stat. 2270) struck
out ``Secretary of Defense or a designee of the Secretary of Defense''
and inserted in lieu thereof ``the officer of the Department of Defense
designated by the Secretary of Defense to be a member of the Board''.
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(b) The President shall appoint the members of the Board.
The members of the Board who are United States nationals shall
be appointed by and with the advice and consent of the Senate.
Each member of the Board shall hold office at the pleasure of
the President and, before assuming the duties of such office,
shall take an oath to discharge faithfully the duties of his
office. Members of the Board shall serve without compensation
but shall be allowed travel or transportation expenses,
including per diem in lieu of subsistence, in accordance with
section 1107 of this Act, except that, in addition to such
travel or transportation expenses, members of the Board who
hold no other office with either the Government of the United
States or the Republic of Panama for which they receive pay are
authorized to be compensated at the daily equivalent of the
annual rate of basic pay in effect for level V of the Executive
Schedule under section 5316 \16\ of title 5, United States
Code, for each day during which they are traveling to or from
or attending meetings of the Board as provided in subsection
(c) of this section \17\ or, as authorized by the Chairman of
the Board, while on official Panama Canal Commission
business.\18\
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\16\ Sec. 3504 of Public Law 101-510 (104 Stat. 1846) struck out
``grade GS-18 of the General Schedule under section 5332'' and inserted
in lieu thereof ``level V of the Executive Schedule under section
5316''.
Schedule 5 of Executive Order 13368 (70 F.R. 1147; January 5, 2005)
set the rate of pay for level V of the Executive Schedule at $131,400
per annum.
\17\ Sec. 6 of the Panama Canal Commission Authorization Act,
Fiscal Year 1986 (Public Law 99-223; 99 Stat. 1740) added the language
in this subsection beginning with ``, except that, in addition to such
travel'' and ending with ``in subsection (c) of this section''. See
previous note for a subsequent partial amendment to this language.
\18\ Sec. 5416 of title V of the Omnibus Budget Reconciliation Act
of 1987 (Public Law 100-203; 101 Stat. 1330-270) added ``or, as
authorized by the Chairman of the Board, while on official Panama Canal
Commission business.''
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(c) The Board shall hold meetings as provided in
regulations adopted by the Commission and approved by the
Secretary of Defense. A quorum for the transaction of business
shall consist of a majority of the Board members of which a
majority of those present are nationals of the United States.
The Secretary of Defense, or the officer of the Department of
Defense designated by the Secretary under subsection (a) of
this section, may act by proxy for any other member of the
Board if that other member authorizes the proxy in writing and
signs the proxy.\19\ The proxy may be counted to establish a
quorum and may be used by the Secretary of Defense, or the
officer of the Department of Defense designated by the
Secretary under subsection (a) of this section, to cast the
vote of the absent Board member and to act for that member with
all the powers that member would possess if present.\20\
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\19\ Sec. 7 of Public Law 100-705 (102 Stat. 4686) struck out at
this point the sentence: ``Only one proxy may be valid at any one
time.''.
\20\ Public Law 98-217 (98 Stat. 9) added the third, fourth, and
fifth sentences of subsec. (c). Sec. 7 of Public Law 100-705 (102 Stat.
4686) struck out the fourth sentence. See previous note.
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general powers of commission
Sec. 1102a.\21\ (a) The Commission may adopt, alter, and
use a corporate seal, which shall be judicially noticed.
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\21\ 22 U.S.C. 3612a. Sec. 3524(a) of Public Law 104-106 (110 Stat.
639) added secs. 1102a and 1102b.
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(b) The Commission may by action of the Board of Directors
adopt, amend, and repeal bylaws governing the conduct of its
general business and the performance of the powers and duties
granted to or imposed upon it by law.
(c) The Commission may sue and be sued in its corporate
name, except that--
(1) the amenability of the Commission to suit is
limited by Article VIII of the Panama Canal Treaty of
1977, section 1401 of this Act, and otherwise by law;
(2) an attachment, garnishment, or similar process
may not be issued against salaries or other moneys owed
by the Commission to its employees except as provided
by section 5520a of title 5, United States Code, and
sections 459, 461, and 462 of the Social Security Act
(42 U.S.C. 659, 661, 662), or as otherwise specifically
authorized by the laws of the United States; and
(3) the Commission is exempt from the payment of
interest on claims and judgments.
(d) The Commission may enter into contracts, leases,
agreements, or other transactions.
(e) The Commission--
(1) may determine the character of, and necessity
for, its obligations and expenditures and the manner in
which they shall be incurred, allowed, and paid; and
(2) may incur, allow, and pay its obligations and
expenditures, subject to pertinent provisions of law
generally applicable to Government corporations.
(f) The Commission shall have the priority of the
Government of the United States in the payment of debts out of
bankrupt estates.
(g) \22\ (1) The Commission may appoint any United States
citizen to have the general powers of a notary public to
perform, on behalf of Commission employees and their dependents
outside the United States, any notarial act that a notary
public is required or authorized to perform within the United
States. Unless an earlier expiration is provided by the terms
of the appointment, any such appointment shall expire three
months after the Canal Transfer Date.
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\22\ Sec. 3546 of Public Law 105-85 (111 Stat. 2073) redesignated
subsec. (g) as subsec. (h), and added a new subsec. (g).
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(2) Every notarial act performed by a person acting as a
notary under paragraph (1) shall be as valid, and of like force
and effect within the United States, as if executed by or
before a duly authorized and competent notary public in the
United States.
(3) The signature of any person acting as a notary under
paragraph (1), when it appears with the title of that person's
office, is prima facie evidence that the signature is genuine,
that the person holds the designated title, and that the person
is authorized to perform a notarial act.
(h) \22\ The authority of the Commission under this section
and section 1102b \23\ is subject to the Panama Canal Treaty of
1977 and related agreements, and to chapter 91 of title 31,
United States Code.
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\23\ Sec. 3550(d)(3) of Public Law 105-85 (111 Stat. 2074) struck
out ``section 1102B'' and inserted in lieu thereof ``section 1102b''.
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specific powers of commission
Sec. 1102b.\24\ (a) The Commission may manage, operate, and
maintain the Panama Canal.
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\24\ 22 U.S.C. 3612b. Sec. 3524(a) of Public Law 104-106 (110 Stat.
639) added secs. 1102a and 1102b.
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(b) The Commission may construct or acquire, establish,
maintain, and operate such activities, facilities, and
appurtenances as necessary and appropriate for the
accomplishment of the purposes of this Act, including the
following:
(1) Docks, wharves, piers, and other shoreline
facilities.
(2) Shops and yards.
(3) Marine railways, salvage and towing facilities,
fuel-handling facilities, and motor transportation
facilities.
(4) Power systems, water systems, and a telephone
system.
(5) Construction facilities.
(6) Living quarters and other buildings.
(7) Warehouses, storehouses, a printing plant, and
manufacturing, processing, or service facilities in
connection therewith.
(8) Recreational facilities.
(c) The Commission may use the United States mails in the
same manner and under the same conditions as the executive
departments of the Federal Government.
(d) The Commission may take such actions as are necessary
or appropriate to carry out the powers specifically conferred
upon it.
(e) \25\ The Commission may conduct and promote commercial
activities related to the management, operation, or maintenance
of the Panama Canal. Any such commercial activity shall be
carried out consistent with the Panama Canal Treaty of 1977 and
related agreements.
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\25\ Sec. 3547 of Public Law 105-85 (111 Stat. 2073) added subsec.
(e).
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(f) \26\ (1) The Commission may seek and accept donations
of funds, property, and services from individuals, foundations,
corporations, and other private and public entities for the
purpose of carrying out its promotional activities.
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\26\ Sec. 3505 of Public Law 105-261 (112 Stat. 2268) added subsec.
(f).
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(2) The Commission shall establish written guidelines
setting forth the criteria to be used in determining whether
the acceptance of funds, property, or services authorized by
paragraph (1) would reflect unfavorably upon the ability of the
Commission (or any employee of the Commission) to carry out its
responsibilities or official duties in a fair and objective
manner or would compromise the integrity or the appearance of
the integrity of its programs or of any official in those
programs.
administrator
Sec. 1103.\27\ (a) There shall be an Administrator of the
Commission who shall be appointed by the President, by and with
the advice and consent of the Senate, and shall hold office at
the pleasure of the President.
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\27\ 22 U.S.C. 3613. Sec. 3523(a) of Public Law 104-201 (110 Stat.
2860) amended and restated sec. 1103. The section formerly read as
follows:
``Sec. 1103. There shall be an Administrator of the Commission, who
shall be appointed by the President, by and with the advice and consent
of the Senate, and shall hold office at the pleasure of the
President.''.
Sec. 3523(b) of Public Law 104-201 provided the following:
``(b) Savings Provisions.--Nothing in this section (or section
3549(3)) shall be considered to affect--
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``(1) the tenure of the individual serving as Administrator of the
Commission on the day before subsection (a) takes effect; or
``(2) until modified under section 1103(b) of the Panama Canal Act of
1979, as amended by subsection (a), the compensation of the individual so
serving.''.
(b) The Administrator shall be paid compensation in an
amount, established by the Board, not to exceed level III of
the Executive Schedule.
(c) \28\ The Congress consents, for purposes of the 8th
clause of article I, section 9 of the Constitution of the
United States, to the acceptance by the individual serving as
Administrator of the Commission of appointment by the Republic
of Panama to the position of Administrator of the Panama Canal
Authority. Such consent is effective only if that individual,
while serving in both such positions, serves as Administrator
of the Panama Canal Authority without compensation, except for
payments by the Republic of Panama of travel and entertainment
expenses, including per diem payments.
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\28\ Sec. 3521(a) of Public Law 105-85 (111 Stat. 2063) added
subsec. (c).
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(d) \29\ If before the Canal Transfer Date the Republic of
Panama appoints as the Administrator of the Panama Canal
Authority the individual serving as the Administrator of the
Commission and if that individual accepts the appointment--
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\29\ Sec. 3521(b) of Public Law 105-85 (111 Stat. 2063) added
subsec. (d).
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(1) during any period during which that individual
serves as both Administrator of the Commission and the
Administrator of the Panama Canal Authority--
(A) the Foreign Agents Registration Act of
1938, as amended (22 U.S.C. 611 et seq.), shall
not apply to that individual with respect to
service as the Administrator of the Panama
Canal Authority;
(B) that individual, with respect to
participation in any particular matter as the
Administrator of the Panama Canal Commission,
is not subject to section 208(a) of title 18,
United States Code, insofar as that section
would otherwise apply to that matter only
because the matter will have a direct and
predictable effect on the financial interest of
the Panama Canal Authority;
(C) that individual is not subject to
sections 203 and 205 of title 18, United States
Code, with respect to official acts performed
as an agent or attorney for or otherwise
representing the Panama Canal Authority; and
(D) that individual is not subject to
sections 501(a) and 502(a)(4) of the Ethics in
Government Act of 1978 (5 U.S.C. App.), with
respect to compensation received for, and
service in, the position of Administrator of
the Panama Canal Authority; and
(2) effective upon termination of the individual's
appointment as Administrator of the Panama Canal
Commission at noon on the Canal Transfer Date, that
individual is not subject to section 207 of title 18,
United States Code, with respect to acts done in
carrying out official duties as Administrator of the
Panama Canal Authority.
deputy administrator
Sec. 1104.\30\ (a) There shall be a Deputy Administrator of
the Commission who shall be appointed by the President. The
Deputy Administrator shall perform such duties as may be
prescribed by the Board.
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\30\ 22 U.S.C. 3614. Sec. 3524(a) of Public Law 104-201 (110 Stat.
2860) amended and restated sec. 1104, which formerly also provided for
appointment of a chief engineer. Sec. 3524(b) of Public Law 104-201
also stated:
``(b) Savings Provisions.--Nothing in this section shall be
considered to affect--
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``(1) the tenure of the individual serving as Deputy Administrator of the
Commission on the day before subsection (a) takes effect; or
``(2) until modified under section 1104(b) of the Panama Canal Act of
1979, as amended by subsection (a), the compensation of the individual so
serving.''.
(b) The Deputy Administrator shall be paid compensation at
a rate of pay, established by the Board, which does not exceed
the rate of basic pay in effect for level IV of the Executive
Schedule, and, if eligible, shall be paid the overseas
recruitment and retention differential provided for in section
1217 of this Act.
consultative committee
Sec. 1105.\31\ (a) The President shall designate, and the
Secretary of State shall coordinate the participation of,
representatives of the United States to the Consultative
Committee to be established under paragraph 7 of Article III of
the Panama Canal Treaty of 1977.
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\31\ 22 U.S.C. 3615.
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(b) The Consultative Committee shall function as a
diplomatic forum for the exchange of views between the United
States and the Republic of Panama. The Committee shall advise
the United States Government and the Government of the Republic
of Panama on matters of policy affecting the operation of the
Panama Canal. The Committee shall have no authority to direct
the Commission or any other department or agency of the United
States to initiate or withhold action.
joint commission on the environment
Sec. 1106.\32\ (a) The United States and the Republic of
Panama, in accordance with the Panama Canal Treaty of 1977,
shall establish a Joint Commission on the Environment
(hereinafter in this section referred to as the ``Joint
Commission'') to be composed of not more than three
representatives of the United States and three representatives
of the Republic of Panama, or such other equivalent numbers of
representatives as may be agreed upon by the Governments of the
two countries. The United States members of the Joint
Commission shall periodically review the implementation of the
Panama Canal Treaty of 1977 with respect to its impact on the
environment and shall, jointly with the representatives of the
Government of Panama, make recommendations to the United States
Government and the Government of the Republic of Panama with
respect to ways to avoid or mitigate adverse environmental
impacts resulting from actions taken pursuant to such Treaty.
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\32\ 22 U.S.C. 3616.
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(b) Representatives of the United States on the Joint
Commission shall be appointed by the President and shall serve
at the pleasure of the President. Such representatives shall
serve without compensation but shall be allowed travel or
transportation expenses, including per diem in lieu of
subsistence, in accordance with section 1107 of this Act.
(c) Any Federal employee subject to the civil service laws
and regulations who is detailed to serve with, or appointed by,
the United States representatives on the Joint Commission shall
not lose any pay, seniority, or other rights or benefits by
reason of such detail or appointment.
(d) The United States representatives on the Joint
Commission may, to such extent or in such amounts as are
provided in advance in appropriation Acts, appoint and fix the
compensation of such personnel as the representatives of the
United States on the Joint Commission may consider necessary
for the participation of the United States on the Joint
Commission.
(e) The United States representatives on the Joint
Commission may, in cooperation with the representatives of the
Republic of Panama on the Joint Commission in conducting its
affairs, subject to the approval of such rules by the
Governments of the United States and the Republic of Panama.
travel expenses
Sec. 1107.\33\ While away from their homes, regular places
of business, or official stations in performance of services
under this chapter, members of the Board of the Commission and
the representatives of the United States on the Consultative
Committee referred to in section 1105 of this Act and on the
Joint Commission on the Environment referred to in section 1106
of this Act shall be allowed travel or transportation expenses,
including per diem in lieu of subsistence, in the same manner
as persons employed intermittently in Government service are
allowed expenses under section 5703 of title 5, United States
Code.
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\33\ 22 U.S.C. 3617.
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defense of the panama canal
Sec. 1108.\34\ In the event of an armed attack against the
Panama Canal, or when, in the opinion of the President,
conditions exist which threaten the security of the Canal, the
Administrator of the Commission shall, upon the order of the
President, comply with such directives as the United States
military officer charged with the protection and defense of the
Panama Canal may consider necessary in the exercise of his
duties.
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\34\ 22 U.S.C. 3618.
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joint sea level canal study committee
Sec. 1109.\35\ (a) The President shall appoint the
representatives of the United States to any joint committee or
body with the Republic of Panama (to study the possibility of a
sea level canal in the Republic of Panama) pursuant to Article
XII of the Panama Canal Treaty of 1977.
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\35\ 22 U.S.C. 3619.
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(b) Upon the completion of any joint study between the
United States and the Republic of Panama concerning the
feasibility of a sea level canal in the Republic of Panama
pursuant to paragraph 1 of Article XII of the Panama Canal
Treaty of 1977, the test of the study shall be transmitted by
the President of the Senate and to the Speaker of the House of
Representatives.
(c) No construction of a sea level canal by the United
States in the Republic of Panama shall be undertaken except
with express congressional authorization after submission of
the study by the President as provided in subsection (b) of
this section.
authority of the ambassador
Sec. 1110.\36\ (a) The United States Ambassador to the
Republic of Panama with respect to the responsibilities of the
Commission for the transfer to the Republic of Panama of those
functions that are to be assumed by the Republic of Panama
pursuant to the Panama Canal Treaty of 1977 and related
agreements.
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\36\ 22 U.S.C. 3620.
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(b)(1) The Commission shall not be subject to the direction
or supervision of the United States Chief of Mission in the
Republic of Panama with respect to the responsibilities of the
Commission for the operation, management, or maintenance of the
Panama Canal, as established in this or any other Act or in the
Panama Canal Treaty of 1977 and related agreements, except that
the Commission shall keep the Ambassador fully and currently
informed with respect to all activities and operations of the
Commission.
(2) Except as provided in paragraph (1) of this subsection,
section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927)
\37\ shall apply with respect to the activities of the
Commission.
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\37\ Sec. 3550(d)(3) of Public Law 105-85 (111 Stat. 2074) struck
out ``section 16 of the Act of August 1, 1956 (22 U.S.C. 2680a),'' and
inserted in lieu thereof ``section 207 of the Foreign Service Act of
1980 (22 U.S.C. 3927)''.
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(c) \38\ (1) The Secretary of State may enter into one or
more agreements to provide for the United States to furnish
administrative services relating to the benefits described in
paragraph (2) after December 31, 1999, and to establish
appropriate procedures for providing advance funding for the
services.
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\38\ Sec. 3506 of Public Law 105-261 (112 Stat. 2269) added subsec.
(c).
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(2) The benefits referred to in paragraph (1) are the
following:
(A) Pension, disability, and medical benefits
provided by the Panama Canal Commission pursuant to
section 1245.
(B) Compensation for work injuries covered by chapter
81 of title 5, United States Code.
security legislation
Sec. 1111.\39\ It is the sense of the Congress that the
best interests of the United States require that the President
enter into negotiations with the Republic of Panama for the
purpose of arranging for the stationing of United States
military forces, after the termination of the Panama Canal
Treaty of 1977, in the area comprising the Canal Zone before
the effective date of this Act, and for the maintenance of
installations and facilities, after the termination of such
Treaty, for the use of United States military forces stationed
in such area. The President shall report to the Congress in a
timely manner the status of negotiations conducted pursuant to
this section.
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\39\ 22 U.S.C. 3621.
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code of conduct for commission personnel
Sec. 1112.\40\ (a) Before assuming the duties of his office
or employment, each member of the Board of the Commission and
each officer and employee of the Commission shall take an oath
to discharge faithfully the duties of his office or employment.
All employees of the Commission shall be subject to the laws of
the United States regarding duties and responsibilities of
Federal employees.
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\40\ 22 U.S.C. 3622.
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(b) Not later than 60 days after all the members of the
Board of the Commission have been appointed, the Board shall
adopt a code of conduct applicable to the persons referred to
in subsection (a) of this section. The code of conduct shall
contain provisions substantially equivalent to those contained
in part 735 of title 5 of the Code of Federal Regulations on
October 1, 1979.\41\ The code of conduct shall, at a minimum,
contain provisions substantially equivalent to the following
provisions of law:
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\41\ Sec. 3550(d)(2)(A) of Public Law 105-85 (111 Stat. 2074)
struck out ``the effective date of this Act'' and inserted in lieu
thereof ``October 1, 1979''.
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(1) the provisions of chapter 11 of title 18, United
States Code, as amended, relating to bribery, graft, or
conflicts of interest, as appropriate to the employees
concerned;
(2) section 7352 of title 5, United States Code, as
amended;
(3) sections 207, 208, 285, 508, 641, 645, 1001,
1917, and 2071 of title 18, United States Code, as
amended;
(4) section 5 of the Act of July 16, 1914 (31 U.S.C.
638a), as amended;
(5) the Ethics in Government Act of 1978 (92 Stat.
1824), as amended; and
(6) those provisions of the laws and regulations of
the Republic of Panama which are substantially
equivalent to those of the United States set forth in
this subsection.
(c) The Commission shall investigate any allegations
regarding the violation of the code of conduct adopted pursuant
to subsection (b) of this section. The Commission may recommend
that the President suspend from the performance of his duties
any member of the Board of the Commission or any officer or
employee of the Commission, pending judicial proceedings by
appropriate authorities concerning such allegations.
(d) The President shall negotiate suitable arrangements
with the Republic of Panama whereby each nation shall agree to
take all measures within its legal authority to assure that
members of the Board of the Commission comply with the code of
conduct established pursuant to subsection (b) of this section.
Without prejudice to such jurisdiction as the United States may
have with respect to members of the Board, the provisions of
law enumerated in subsection (b) of this section shall be
enforced with respect to members of the Board only in
accordance with such arrangements.
(e) \42\ (1) Section 207 of title 18, United States Code,
does not apply to a covered individual with respect to acts
done in carrying out official duties as an officer or employee
of the Panama Canal Authority.
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\42\ Sec. 3522(a) of Public Law 105-85 (111 Stat. 2064) added
subsec. (e).
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(2) For purposes of paragraph (1), a covered individual is
an officer or employee of the Panama Canal Authority who was an
officer or employee of the Commission (other than the
Administrator) and whose employment with the Commission
terminated at noon on the Canal Transfer Date.
(3) This subsection is effective as of the Canal Transfer
Date.
(f) \43\ (1) The Congress consents to the following persons
accepting civil employment (and compensation for that
employment) with the Panama Canal Authority for which the
consent of the Congress is required by the last paragraph of
section 9 of article I of the Constitution of the United
States, relating to acceptance of emoluments, offices, or
titles from a foreign government:
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\43\ Sec. 3522(b) of Public Law 105-85 (111 Stat. 2064) added
subsec. (f).
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(A) Retired members of the uniformed services.
(B) Members of a reserve component of the armed
forces.
(C) Members of the Commissioned Reserve Corps of the
Public Health Service.
(2) The consent of the Congress under paragraph (1) is
effective without regard to subsection (b) of section 908 of
title 37, United States Code (relating to approval required for
employment of Reserve and retired members by foreign
governments).
office of ombudsman
Sec. 1113.\44\ (a) There established within the Commission
an Office of Ombudsman, to be directed by an Ombudsman, who
shall be appointed by the Commission. It shall be the function
of the Office of Ombudsman to receive individual complaints,
grievances, requests, and suggestions of employees (and their
dependents), of the Commission and other departments and
agencies of the United States, including the Smithsonian
Institution, conducting operations before the effective date of
this Act in the area then comprising the Canal Zone concerning
administrative problems, inefficiencies, and conflicts caused
within departments and agencies of the United States, including
the Smithsonian Institution, as a result of the implementation
of the Panama Canal Treaty of 1977 and related agreements.
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\44\ 22 U.S.C. 3623.
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(b) The Ombudsman shall make findings and render assistance
with respect to the complaints, grievances, requests, and
suggestions submitted to the Office of Ombudsman, and shall
make appropriate recommendations to the Commission or any other
department or agency of the United States, including the
Smithsonian Institution.
(c) The establishment of the Office of Ombudsman shall not
affect any procedures for grievances, appeals, or
administrative matters in any other provision of this Act, any
other provision of law, or any Federal regulation.
(d) \45\ The Office of Ombudsman shall terminate upon the
termination of the Panama Canal Treaty of 1977.
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\45\ Sec. 3525 of Public Law 104-201 (110 Stat. 2861) struck out
subsec. (d) and redesignated former subsec. (e) as subsec. (d). Former
subsec. (d) required the Ombudsman to be a U.S. citizen.
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Chapter 2--Employees
Subchapter I--Panama Canal Commission Personnel
definitions
Sec. 1201.\46\ As used in this chapter--
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\46\ 22 U.S.C. 3641. Sec. 3504 of the Panama Canal Commission
Authorization Act for Fiscal Year 1994 (title XXXV of the National
Defense Authorization Act for Fiscal Year 1994; Public Law 103-160; 107
Stat. 1965) provides the following:
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``sec. 3504. employment of commission employees by the government of
panama.
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``(a) Consent of Congress.--Subject to subsection (b), the Congress
consents to employees of the Panama Canal Commission who are not
citizens of the United States accepting civil employment with agencies
and organizations affiliated with the Government of Panama (and
compensation for that employment) for which the consent of Congress is
required by the 8th clause of section 9 of article I of the
Constitution of the United States, relating to acceptance of emolument,
office, or title from a foreign State.
``(b) Condition.--Employees described in subsection (a) may accept
employment described in such subsection (and compensation for that
employment) only if the employment is approved by the designated agency
ethics official of the Panama Canal Commission designated pursuant to
the Ethics in Government Act of 1978 (5 U.S.C. App.), and by the
Administrator of the Panama Canal Commission.''.
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(1) ``Executive agency'' has the meaning given that
term in section 105 of title 5, United States Code;
(2) ``uniformed services'' has the meaning given the
term in section 2101(3) of title 5, United States Code;
(3) ``competitive service'' has the meaning given
that term in section 2102 of title 5, United States
Code; and
(4) ``United States'' when used in a geographic
sense, means each of the several States and the
District of Columbia.
appointment and compensation; duties
Sec. 1202.\47\ (a) In accordance with this chapter, the
Commission may appoint, fix the compensation of, and define the
authority and duties of officers and employees (other than the
Administrator and Deputy Administrator) necessary for the
management, operation, and maintenance of the Panama Canal and
its complementary works, installations, and equipment.
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\47\ 22 U.S.C. 3642. Sec. 3526 of Public Law 104-201 (110 Stat.
2861) amended and restated sec. 1202.
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(b) Individuals serving in any Executive agency (other than
the Commission) or the Smithsonian Institution, including
individuals in the uniformed services, may, if appointed under
this section or section 1104 of this Act, serve as officers or
employees of the Commission.
(c) \48\ In the case of an individual who is an officer or
employee of the Commission on November 17, 1997,\49\ and who
has not had a break in service with the Commission since that
date, the rate of basic pay for that officer or employee \50\
may not be less than the rate in effect for that officer or
employee on that date \51\ except--
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\48\ Sec. 3523(b) of the Panama Canal Transition Facilitation Act
of 1997 (subtitle B of title XXXV of Public Law 105-85; 111 Stat. 2065)
added subsec. (c).
\49\ Sec. 3512(a)(1)(A) of the Panama Canal Commission
Authorization Act for Fiscal Year 1999 (title XXXV of Public Law 105-
261; 112 Stat. 2271) struck out ``the day before the date of the
enactment of the Panama Canal Transition Facilitation Act of 1997'' and
inserted in lieu thereof ``November 17, 1997,''.
\50\ Sec. 3512(a)(1)(B) of Public Law 105-261 (112 Stat. 2271)
struck out ``on or after that date'' at this point.
\51\ Sec. 3512(a)(1)(C) of Public Law 105-261 (112 Stat. 2270)
struck out ``the day before the date of enactment'' and inserted in
lieu thereof ``that date''.
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(1) as provided in a collective bargaining agreement;
(2) as a result of an adverse action against the
officer or employee; or
(3) pursuant to a voluntary demotion.
transfer of federal employees
Sec. 1203.\52\ (a) The head of any agency may enter into
agreements for the transfer or detail to the Commission of any
employee of that agency serving under a permanent appointment.
Any employee who so transfers or is so detailed shall, upon
completion of the employee's tour of duty with the Commission,
be entitled to reemployment with the agency from which the
employee was transferred or detailed without loss of pay,
seniority, or other rights or benefits to which the employee
would have been entitled had the employee not been so
transferred or been so detailed.
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\52\ 22 U.S.C. 3643.
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(b) For purposes of this section, the term ``agency'' means
an Executive agency, the United States Postal Service, and the
Smithsonian Institution.
(c) The Office of Personnel Management shall prescribe
regulations to carry out the purposes of this section.
compensation of individuals in the uniformed services
Sec. 1204.\53\ (a) Except as provided in subsection (b) of
this section, any individual who is serving in a position in
the Commission and who is a member of a uniformed service shall
continue to be paid basic pay by such uniformed service and
shall not be paid by the Commission for the period of the
service in the uniformed service involved.
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\53\ 22 U.S.C. 3644.
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(b) If the individual appointed as Administrator, Deputy
Administrator, or Chief Engineer of the Commission is a member
of a uniformed service, the amount of basic pay otherwise
payable to the individual for service in that position shall be
reduced, up to the amount of that basic pay, by the amount of
the basic pay payable to the individual as a member of a
uniformed service.
(c) The Commission shall annually pay to each uniformed
service amounts sufficient to reimburse that uniformed service
for any basic pay paid by that uniformed service to any member
of that service during any period of service in the Commission
by the member.
deduction from basic pay of amounts due for supplies or services
Sec. 1205.\54\ The Commission may deduct from the basic pay
otherwise payable by the Commission to any officer or employee
of the Commission any amount due from the officer or employee
to the Commission or to any contractor of the Commission for
transportation, board, supplies, or any other service. Any
amount so deducted may be paid by the Commission to any
contractor to whom it is due or may be credited by the
Commission to any fund \55\ from which the Commission has
expended such amount.
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\54\ 22 U.S.C. 3645.
\55\ Sec. 3529(1) of Public Law 104-106 (110 Stat. 642) struck out
``appropriation'' and inserted in lieu thereof ``fund''.
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Sec. 1206.\56\ * * * [Repealed--1999]
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\56\ Formerly at 22 U.S.C. 3646. Sec. 3507 of Public Law 105-261
(112 Stat. 2269) repealed sec. 1206, relating to cost of living
allowance, effective 11:59 p.m. (Eastern Standard Time), December 30,
1999.
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Sec. 1207.\57\ * * * [Repealed--1999]
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\57\ Formerly at 22 U.S.C. 3647. Sec. 3507 of Public Law 105-261
(112 Stat. 2269) repealed sec. 1207, relating to educational travel
benefits, effective 11:59 p.m. (Eastern Standard Time), December 30,
1999.
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privileges and immunities of certain employees
Sec. 1208.\58\ The Secretary of Defense shall designate
those officers and employees of the Commission and other
individuals entitled to the privileges and immunities accorded
under paragraph 3 or Article VIII of the Panama Canal Treaty of
1977. The Department of State shall furnish to the Republic of
Panama a list of the names of such officers, employees, and
other individuals and shall notify the Republic of Panama of
any subsequent additions to or deletions from the list.
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\58\ 22 U.S.C. 3648.
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applicability of certain benefits
Sec. 1209.\59\ Chapter 81 of title 5, United States Code,
relating to compensation for work injuries, chapters 83 and 84
of such title 5, relating to retirement, chapter 87 of such
title 5, relating to life insurance, and chapter 89 of such
title 5, relating to health insurance, are applicable to
Commission employees, except any individual--
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\59\ 22 U.S.C. 3649. Sec. 3527 of Public Law 104-201 (110 Stat.
2861) amended and restated sec. 1209.
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(1) who is not a citizen of the United States;
(2) whose initial appointment by the Commission
occurs after October 1, 1979; and
(3) who is covered by the Social Security System of
the Republic of Panama pursuant to any provision of the
Panama Canal Treaty of 1977 and related agreements.
Subchapter II--Wage and Employment Practices
air transportation
Sec. 1210.\60\ (a) Notwithstanding any other provision of
law (except subsection (b)),\61\ the Commission may contract
with Panamanian carriers registered under the laws of the
Republic of Panama to provide air transportation to officials
and employees of the Commission who are citizens of the
Republic of Panama.
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\60\ 22 U.S.C. 3650. Sec. 5(b)(1) of Public Law 99-223 (99 Stat.
1739) originally added this section. Sec. 3528 of Public Law 104-201
(110 Stat. 2861) later amended and restated this section. Sec. 3524 of
Public Law 105-85 (111 Stat. 2065) subsequently struck out subsecs.
(a), (b), and (c) of the section, redesignated remaining subsec. (d)(1)
as subsec. (a), subsec. (d)(2) as subsec. (b), and restated the section
catchline from ``travel and transportation'' to ``air transportation''.
\61\ Sec. 3524(b)(1)(A) of Public Law 105-85 (111 Stat. 2065)
struck out ``paragraph (2)'' and inserted in lieu thereof ``subsection
(b)''.
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(b) An \62\ official or employee of the Commission who is a
citizen of the Republic of Panama \63\ may elect, for security
or other reasons, to travel by an air carrier holding a
certificate under section 41102 of title 49, United States
Code.
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\62\ Sec. 3524(b)(1)(B)(i) of Public Law 105-85 (111 Stat. 2065)
struck out ``Notwithstanding paragraph (1), an'' and inserted in lieu
thereof ``An''.
\63\ Sec. 3524(b)(1)(B)(ii) of Public Law 105-85 (111 Stat. 2065)
struck out ``referred to in paragraph (1)'' and inserted in lieu
thereof ``who is a citizen of the Republic of Panama''.
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definitions
Sec. 1211.\64\ As used in this subchapter--
---------------------------------------------------------------------------
\64\ 22 U.S.C. 3651.
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(1) ``agency'' means--
(A) the Commission, and
(B) \65\ any other Executive agency or the
Smithsonian Institution, to the extent of any
election in effect under section 1212(b) \66\
of this Act;
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\65\ Sec. 3529 of Public Law 104-201 (110 Stat. 2862) amended and
restated sec. 1211(1)(B).
\66\ Sec. 3548(b)(1) of Public Law 104-201 (110 Stat. 2869) struck
out ``section 1212(B)(2)'' and inserted in lieu thereof ``section
1212(b)''.
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(2) ``position'' means a civilian position in the
Commission, or in any other agency if a substantial
portion of the duties and responsibilities are
performed in the Republic of Panama; and
(3) ``employee'' means an individual serving in a
position.
panama canal employment system; merit and other employment requirements
Sec. 1212.\67\ (a) The Commission shall establish a Panama
Canal Employment System and prescribe the regulations necessary
for its administration. The Panama Canal Employment System
shall--
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\67\ 22 U.S.C. 3652. Sec. 3530(a) of Public Law 104-201 (110 Stat.
2862) amended and restated sec. 1212. Sec. 3530(b) of that Act further
provided:
``(b) Savings Provisions.--The Panama Canal Employment System and
all elections, rules, regulations, and orders relating thereto, as last
in effect before the amendment made by subsection (a) takes effect,
shall continue in effect, according to their terms, until modified,
terminated, or superseded under section 1212 of the Panama Canal Act of
1979, as amended by subsection (a).''.
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(1) be established in accordance with and be subject
to the provisions of the Panama Canal Treaty of 1977
and related agreements, the provisions of this chapter,
and any other applicable provision of law;
(2) be based on the consideration of the merit of
each employee or candidate for employment and the
qualifications and fitness of the employee to hold the
position concerned;
(3) conform, to the extent practicable and consistent
with the provisions of this Act, to the policies,
principles, and standards applicable to the competitive
service;
(4) in the case of employees who are citizens of the
United States, provide for the appropriate interchange
of those employees between positions under the Panama
Canal Employment System and positions in the
competitive service; and
(5) not be subject to the provisions of title 5,
United States Code, unless specifically made applicable
by this Act.
(b)(1) The head of any Executive agency (other than the
Commission) and the Smithsonian Institution may elect to have
the Panama Canal Employment System made applicable in whole or
in part to personnel of that agency in the Republic of Panama.
(2) Any Executive agency (other than the Commission) and
the Smithsonian Institution, to the extent of any election
under paragraph (1), shall conduct its employment and pay
practices relating to employees in accordance with the Panama
Canal Employment System.
(3) Notwithstanding any other provision of this Act, the
Panama Canal Act Amendments of 1996 (subtitle B of title XXXV
of Public Law 104-201; 110 Stat. 2860), or the Panama Canal
Transition Facilitation Act of 1997 (subtitle B of title XXXV
of Public Law 105-85; 110 Stat. 2062), or the Panama Canal
Commission Authorization Act for Fiscal Year 1999,\68\ this
subchapter, as in effect on September 22, 1996,\69\ shall
continue to apply to an Executive agency or the Smithsonian
Institution to the extent of an election under paragraph (1) by
the head of the \70\ agency or the Institution, respectively.
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\68\ Sec. 3523(d) of Public Law 105-85 (111 Stat. 2065) struck out
``or the Panama Canal Act Amendments of 1996'' and inserted in lieu
thereof ``, the Panama Canal Act Amendments of 1996 (subtitle B of
title XXXV of Public Law 104-201; 110 Stat. 2860), or the Panama Canal
Transition Facilitation Act of 1997''. Sec. 3507(c) of Public Law 105-
261 (112 Stat. 2269) struck out ``the Panama Canal Transition
Facilitation Act of 1997'' and inserted in lieu thereof ``the Panama
Canal Transition Facilitation Act of 1997 (subtitle B of title XXXV of
Public Law 105-85; 110 Stat. 2062), or the Panama Canal Commission
Authorization Act for Fiscal Year 1999''.
\69\ Sec. 3550(d)(3) of Public Law 105-85 (111 Stat. 2074) struck
out ``as last in effect before the effective date of section 3530 of
the Panama Canal Act Amendments of 1996'' and inserted in lieu thereof
``as in effect on September 22, 1996''.
\70\ Sec. 3512(a)(2) of Public Law 105-261 (112 Stat. 2271)
inserted ``the'' after ``by the head of''.
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(c) The Commission may exclude any employee or position
from coverage under any provision of this subchapter, other
than the interchange rights extended under subsection (a)(4).
employment standards
Sec. 1213.\71\ The Commission \72\ shall establish written
standards for--
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\71\ 22 U.S.C. 3653.
\72\ Sec. 3531 of Public Law 104-201 (110 Stat. 2863) struck out
``The head of each agency'' and inserted in lieu thereof ``The
Commission''.
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(1) determining the qualifications and fitness of
employees and of candidates for employment in
positions; and
(2) selecting individuals for appointment, promotion,
or transfer to positions.
The standards shall conform to the provisions of this
subchapter, and regulations prescribed thereunder, and the
Panama Canal Employment System.
Sec. 1214.\73\ * * * [Repealed--1996]
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\73\ Formerly at 22 U.S.C. 3654. Sec. 3533 of Public Law 104-201
(110 Stat. 2863) repealed sec. 1214, relating to an interim application
of a canal zone merit system.
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Sec. 1215.\74\ * * * [Repealed--1997]
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\74\ Formerly at 22 U.S.C. 3655. Sec. 3523(a)(1) of Public Law 105-
85 (111 Stat. 2064) repealed sec. 1215, relating to basic pay.
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uniform application of standards and rates
Sec. 1216.\75\ The standards established pursuant to
section 1213 of this Act and the rates of basic pay established
pursuant to section 1202 \76\ of the Act shall be applied
without regard to whether the employee or individual concerned
is a citizen of the United States or a citizen of the Republic
of Panama.
---------------------------------------------------------------------------
\75\ 22 U.S.C. 3656.
\76\ Sec. 3523(c)(1) of Public Law 105-85 (111 Stat. 2065) struck
out ``1215'' and inserted in lieu thereof ``1202''.
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recruitment and retention remuneration
Sec. 1217.\77\ (a) * * * [Repealed--1999]
---------------------------------------------------------------------------
\77\ 22 U.S.C. 3657. Sec. 3533 of Public Law 104-201 (110 Stat.
2863) struck out former subsec. (d) of this section, which related to
the inapplicability of certain overseas differentials and pay
allowances to those employed by an agency whose duty station is Panama.
Sec. 3507 of the Panama Canal Commission Authorization Act for Fiscal
Year 1999 (title XXXV of Public Law 105-261; 112 Stat. 2269) struck out
subsec. (a), relating to recruitment compensation of essential
personnel, effective 11:59 p.m. (Eastern Standard Time), December 30,
1999.
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(b) Any employee described in more than one paragraph of
subsection (a) of this section may qualify for a recruitment or
retention differential under only one of those paragraphs.
(c) \78\ (1) The Commission may pay a recruitment bonus to
an individual who is newly appointed to a position with the
Commission, or a relocation bonus to an employee of the
Commission who must relocate to accept a position, if the
Commission determines that the Commission would be likely, in
the absence of such a bonus, to have difficulty in filling the
position.
---------------------------------------------------------------------------
\78\ Sec. 3525(a) of Public Law 105-85 (111 Stat. 2066)
redesignated subsec. (c) as subsec. (e), and added new subsecs. (c) and
(d).
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(2) A recruitment or relocation bonus may be paid to an
employee under this subsection only if the employee enters into
an agreement with the Commission to complete a period of
employment established in the agreement. If the employee
voluntarily fails to complete such period of employment or is
separated from service in such employment as a result of an
adverse action before the completion of such period, the
employee shall repay the entire amount of the bonus.
(3) A recruitment or relocation bonus under this subsection
may be paid as a lump sum. A bonus under this subsection may
not be considered to be part of the basic pay of an employee.
(d) \78\ (1) The Commission may pay a retention bonus to an
employee of the Commission if the Commission determines that--
(A) the employee has unusually high or unique
qualifications and those qualifications make it
essential for the Commission to retain the employee for
a period specified by the Commission ending not later
than the Canal Transfer Date, or the Commission
otherwise has a special need for the services of the
employee making it essential for the Commission to
retain the employee for a period specified by the
Commission ending not later than the Canal Transfer
Date; and
(B) the employee would be likely to leave employment
with the Commission before the end of that period if
the retention bonus is not paid.
(2) A retention bonus under this subsection--
(A) shall be in a fixed amount;
(B) shall be paid on a pro rata basis (over the
period specified by the Commission as essential for the
retention of the employee), with such payments to be
made at the same time and in the same manner as basic
pay; and
(C) may not be considered to be part of the basic pay
of an employee.
(3) A decision by the Commission to exercise or to not
exercise the authority to pay a bonus under this subsection
shall not be subject to review under any statutory procedure or
any agency or negotiated grievance procedure except under any
of the laws referred to in section 2302(d) of title 5, United
States Code.
(e) \78\ Additional compensation provided under this
section may not exceed 25 percent of the rate of basic pay of
the individual to whom the compensation is paid.\79\
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\79\ Sec. 3525(a)(2) of Public Law 105-85 (111 Stat. 2066) struck
out ``for the same or similar work performed in the United States by
individuals employed by the Government of the United States'' and
inserted in lieu thereof ``of the individual to whom the compensation
is paid''.
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quarters allowance
Sec. 1217a.\80\ (a) Notwithstanding paragraphs (2) and (3)
of section 1211 of this Act, as used in this section--
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\80\ 22 U.S.C. 3657a. Executive Order 12520 (50 F.R. 25683; June
21, 1985) provided the following:
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``quarters allowances to department of defense employees in panama
---------------------------------------------------------------------------
``By the authority vested in me as President by the Constitution
and the laws of the United States of America, including section 1217a
of the Panama Canal Act of 1979 (22 U.S.C. 3657a), it is hereby ordered
as follows:
``Section 1. The Secretary of Defense is authorized to prescribe
the regulations referred to in section 1217a of the Panama Canal Act of
1979, relating to quarters allowances.
``Sec. 2. The regulations prescribed under Section 1 shall be
consistent with Article VII(4) of the Agreement in Implementation if
Article IV of the Panama Canal Treaty and with all other relevant
provisions of the Panama Canal Treaty and related agreements.''.
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(1) ``position'' means a civilian position; and
(2) ``employee'' means an individual serving in a
position in the Department of Defense whose permanent
duty station is in the area which, before October 1,
1979, was known as the Canal Zone.
(b) Under regulations prescribed by or under authority of
the President, the Department of Defense may grant a quarters
allowance in the case of--
(1) any employee who is a citizen of the United
States and who, before October 1, 1979, was employed by
the Panama Canal Company, the Canal Zone Government, or
any other agency, in the area then known as the Canal
Zone; and
(2) any other employee who is a citizen of the United
States and who (before, on, or after the effective date
of this section) is or was recruited within the United
States;
for whom adequate Government owned or leased quarters are not
made available.
(c) The amount of any quarters allowance granted to an
employee under this section shall be determined in accordance
with the regulations prescribed under subsection (b) of this
section, except that such allowance for any period may not
exceed the amount, if any, by which--
(1) the lesser of--
(A) the actual expenses for rent and
utilities incurred by the employee during such
period while occupying quarters other than
Government owned or leased quarters; or
(B) the maximum amount which would be
authorized for such employee with respect to
such period under the Department of State
Standardized Regulations (Government Civilians,
Foreign Areas) if such employee were covered by
those regulations;
exceeds
(2) the estimated total cost of rent and utilities
which the employee would have been charged if
Government owned or leased quarters had been provided
on a rental basis during such period.
(d) The provisions of this section shall apply without
regard to whether any election by the Department of Defense
under section 1212(b) of this Act is then in effect.
benefits based on basic pay
Sec. 1218.\81\ For the purposes of determining--
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\81\ 22 U.S.C. 3658. Sec. 3507(b) of Public Law 105-261; 112 Stat.
2269) provided the following:
``(b) Savings Provision for Basic Pay.--Notwithstanding subsection
(a), benefits based on basic pay, as listed in paragraphs (1), (2),
(3), (5), and (6) of section 1218 of the Panama Canal Act of 1979,
shall be paid as if sections 1217(a) and 1231(a)(2)(A) and (B) of that
Act had been repealed effective 12:00 noon, December 31, 1999. The
exception under the preceding sentence shall not apply to any pay for
hours of work performed on December 31, 1999.''.
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(1) amounts of compensation for disability or death
under chapter 81 of title 5, United States Code,
relating to compensation for work injuries;
(2) \82\ benefits under subchapter III of chapter 83
or chapter 84 of title 5, United States Code, relating
to retirement;
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\82\ Sec. 3534 of Public Law 104-201 (110 Stat. 2863) amended and
restated para. (2).
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(3) amounts of insurance under chapter 87 of title 5,
United States Code, relating to life insurance;
(4) amounts of overtime pay or other premium pay;
(5) annual leave benefits; and
(6) any other benefits related to basic pay;
the basic pay of each employee shall include the rate of basic
pay established for his position under section 1202 \83\ of
this Act plus the amount of any additional compensation
provided under section 1217(a) \83\ of this Act.
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\83\ Sec. 3523(c)(2) of Public Law 105-85 (111 Stat. 2065) struck
out ``1215'' and ``1217'' and inserted, respectively, ``1202'' and
``1217(a)''.
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Sec. 1219.\84\ * * * [Repealed--1997]
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\84\ Formerly at 22 U.S.C. 3659. Sec. 3523(a)(2) of Public Law 105-
85 (111 Stat. 2064) repealed sec. 1219, relating to salary protection
upon conversion of pay rate.
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review and adjustment of classifications, grades, and pay level
Sec. 1220.\85\ An employee may request at any time that the
employee's agency--
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\85\ 22 U.S.C. 3660.
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(1) review the classification of the employee's
position or the grade or pay level for the employee's
position, or both; and
(2) revise or adjust that classification, grade or
pay level, or both, as the case may be.
The request for review and revision or adjustment shall be
submitted and adjudicated in accordance with the regularly
established appeals procedures of the agency.
panama canal board of appeals; duties
Sec. 1221.\86\ (a) Subject to the provisions of this
chapter, the Commission \87\ shall prescribe regulations
establishing a Panama Canal Board of Appeals. The regulations
shall provide for the number of members of the Board and their
appointment, compensation, and terms of office, the selection
of a Chairman of the Board, the appointment and compensation of
the Board's employees, and other appropriate matters relating
to the Board.
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\86\ 22 U.S.C. 3661.
\87\ Sec. 3548 of Public Law 105-85 (111 Stat. 2073) struck out
``President'' and inserted in lieu thereof ``Commission''.
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(b) The Board shall review and determine the appeals of
employees in accordance with section 1222 of this Act. The
decisions of the Board shall conform to the provisions of this
subchapter.
appeals to board; procedures; finality of decisions
Sec. 1222.\88\ (a) An employee may appeal to the Panama
Canal Board of Appeals from an adverse determination made by an
agency under section 1220 of this Act. The appeal shall be made
in writing within a reasonable time (as specified in
regulations prescribed by, or under the authority of, the
Commission \87\) after the date of the transmittal by the
agency to the employee of written notice of the adverse
determination.
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\88\ 22 U.S.C. 3662.
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(b) The Board may authorize, in connection with an appeal
pursuant to subsection (a) of this section, a personal
appearance before the Board by the employee, or by a
representative of the employee designated for that purpose.
(c) After investigation and consideration of the evidence
submitted, the Board shall--
(1) prepare a written decision on the appeal;
(2) transmit its decision to the agency concerned;
and
(3) transmit copies of the decision to the employee
concerned or to the designated representative.
(d) The decision of the Board on any question or other
matter relating to an appeal is final and conclusive. The
agency concerned shall take action in accordance with the
decision of the Board.
Sec. 1223.\89\ * * * [Repealed--1998]
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\89\ Formerly at 22 U.S.C. 3663. Sec. 3508(a) of Public Law 105-261
(112 Stat. 2269) repealed sec. 1223, relating to establishment of a
central examining office. Previously, sec. 3535 of Public Law 104-201
(110 Stat. 2863) amended and restated sec. 1223.
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applicability of title 5, united states code
Sec. 1224.\90\ The following provisions of title 5, United
States Code, apply to the Panama Canal Commission:
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\90\ 22 U.S.C. 3664. Sec. 3536 of Public Law 104-201 (110 Stat.
2864) amended and restated sec. 1224. Sec. 3524(a)(2) of Public Law
105-85 (111 Stat. 2065) struck out para. (10), relating to 5 U.S.C.
chapter 57, and renumbered paras. (11) through (20) as paras. (10)
through (19), respectively.
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(1) Part I of title 5 (relating to agencies
generally).
(2) Chapter 21 (relating to employee definitions).
(3) Section 2302(b)(8) (relating to whistleblower
protection) and all provisions of title 5 relating to
the administration or enforcement or any other aspect
thereof, as identified in regulations prescribed by the
Commission in consultation with the Office of Personnel
Management.
(4) All provisions relating to preference eligibles.
(5) Section 5514 (relating to offset from salary).
(6) Section 5520a (relating to garnishments).
(7) Sections 5531-5535 (relating to dual pay and
employment).
(8) Subchapter VI of chapter 55 (relating to
accumulated and accrued leave).
(9) Subchapter IX of chapter 55 (relating to
severance and back pay).
(10) \90\ Chapter 59 (relating to allowances).
(11) * * *
(12) \90\,\91\ Section 6323 (relating to
military leave; Reserves and National Guardsmen).
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\91\ Sec. 3507 of Public Law 105-261 (112 Stat. 2269) struck out
para. (11), effective 11:59 p.m. (Eastern Standard Time), December 30,
1999. Para. (11) formerly read as follows: ``Chapter 63 (relating to
leave for CONUS employees).''
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(13) \90\ Chapter 71 (relating to labor relations).
(14) \90\ Subchapters II and III of chapter 73
(relating to employment limitations and political
activities, respectively) and all provisions of title 5
relating to the administration or enforcement or any
other aspect thereof, as identified in regulations
prescribed by the Commission in consultation with the
Office of Personnel Management.
(15) \90\ Chapter 81 (relating to compensation for
work injuries).
(16) \90\ Chapters 83 and 84 (relating to
retirement).
(17) \90\ Chapter 85 (relating to unemployment
compensation).
(18) \90\ Chapter 87 (relating to life insurance).
(19) \90\ Chapter 89 (relating to health insurance).
Sec. 1225.\92\ * * * [Repealed--1997]
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\92\ Formerly at 22 U.S.C. 3665. Sec. 3523(a)(3) of Public Law 105-
85 (111 Stat. 2065) repealed sec. 1225, relating to minimum level of
pay; minimum annual increases.
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Subchapter III--Conditions of Employment and Placement
transferred or reemployed employees
Sec. 1231.\93\ (a) \94\ (1) With respect to any individual
employed in the Panama Canal Company or the Canal Zone
Government--
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\93\ 22 U.S.C. 3671.
\94\ Sec. 3537 of Public Law 104-201 (110 Stat. 2864) repealed
subsec. (a)(3), which had provided, in part, ``(C) Effective October 1,
1979, any individual who, but for subparagraph (B) of this paragraph,
would have been entitled to one or more payments pursuant to this
subsection for periods before October 1, 1979, shall be entitled, to
the extent or in such amounts as are provided in advance in
appropriation Acts, to a lump sum payment equal to the total amount of
all such payments.''.
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(A) who is transferred--
(i) to a position in the Commission; or
(ii) to a position in an Executive agency or
in the Smithsonian Institution the permanent
duty station of which is in the Republic of
Panama (including the area known before October
1, 1979, as the Canal Zone); or
(B) who is separated by reason of a reduction in
force on September 30, 1979, and is appointed to a
position in the Commission before April 1, 1980;
the terms and conditions of employment set forth in paragraph
(2) of this subsection shall be generally no less favorable, on
or after the date of the transfer referred to in subparagraph
(A) of this paragraph or the date of the appointment referred
to in subparagraph (B) of this paragraph as the case may be,
than the terms and conditions of employment with the Panama
Canal Company and Canal Zone Government on September 30, 1979,
or, in the case of a transfer described in subparagraph (A)(ii)
of this paragraph which takes place before that date, on the
date of the transfer.
(2) \95\ The terms and conditions of employment referred to
in paragraph (10 of this subsection are the following:
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\95\ Sec. 3507(a) of Public Law 105-261 (112 Stat. 2269) struck out
subparas. (A) (rates of basic pay), (B) (tropical differential), (F)
(leave and travel), (G) (transportation and repatriation benefits), and
(H) (group health and life insurance), effective 11:59 p.m. (Eastern
Standard Time), December 30, 1999.
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(C) premium pay and night differential;
(D) reinstatement and restoration rights;
(E) injury and death compensation benefits;
(I) reduction-in-force rights;
(J) an employee grievance system, and the right to
appeal adverse and disciplinary actions and positions
classification actions;
(K) veterans' preference eligibility;
(L) holidays;
(M) severance pay benefits.
(b) Any individual described in subsection (a)(1)(B) of
this section who would have met the service requirement for
early retirement benefits under section 8336(i) or 8339(d)(2)
of title 5, United States Code (as amended by sections 1241(a)
and 1242 of this Act, respectively), but for a break in service
of more than 3 days immediately after September 30, 1979, shall
be considered to meet that requirement. Any break in service by
any such individual for purposes of section 8332 of such title
5 during the period beginning September 30, 1979, and ending on
the date of the appointment referred to in such subsection
(a)(1)(B) shall be considered a period of creditable service
under such section 8332 for such individual, except that such
period shall not be taken into account for purposes of
determining average pay (as defined in section 8331(4) of such
title 5) and no deduction, contribution, or deposit shall be
required for that period under section 8334 of such title 5.
(c)(1) Section 5(c) of the Defense Department Overseas
Teachers Pay and Personnel Practices Act (20 U.S.C. 903(c))
shall not apply with respect to any teacher who was employed by
the Canal Zone Government school system on September 30, 1979,
and who was transferred from such position to a teaching
position which is under the Department of Defense Overseas
Dependent School System and the permanent duty station of which
is in the Republic of Panama, until the rates of basic
compensation established under section 5(c) of such Act equal
or exceed the rates of basic compensation then in effect for
teachers who were so transferred.
(2) Section 6(a)(2) of the Defense Department Overseas
Teachers Pay and Personnel Practices Act (20 U.S.C. 904(a)(2))
shall not apply with respect to any teacher who was employed by
the Canal Zone Government school system on September 30, 1979,
and who was transferred from such position to a teaching
position which is under the Department of Defense Overseas
Dependent School System and the permanent duty station of which
is in the Republic of Panama.
(3)(A) The head of a department or agency of the United
States may grant a sabbatical to any teacher to whom paragraph
(1) of this subsection applies for not to exceed 11 months in
order to permit the teacher to engage in study or uncompensated
work experience which is in the United States and which will
contribute to the teacher's development and effectiveness.
Basic compensation shall be paid to teachers on sabbatical
under this section in the same manner and to the same extent as
basic compensation would have been paid to teachers on
sabbatical while employed in the Canal Zone Government school
system on September 30, 1979.\96\ A sabbatical shall not result
in a loss of, or reduction in, leave to which the teacher is
otherwise entitled, credit for time or service, or performance
or efficiency rating. The head of the department or agency may
authorize in accordance with chapter 57 of title 5, United
States Code, such travel expenses (including per diem
allowance) as the head of the department or agency may
determine to be essential for the study or experience.
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\96\ Sec. 3550(d)(2)(C) of Public Law 105-85 (111 Stat. 2074)
struck out ``the day before the effective date of this Act'' and
inserted in lieu thereof ``September 30, 1979''.
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(B) A sabbatical under this paragraph may not be granted to
any teacher--
(i) more than once in any 10-year period;
(ii) unless the teacher has completed 7 years of
service as a teacher; and
(iii) if the teacher is eligible for voluntary
retirement with a right to an immediate annuity.
(C)(i) Any teacher in a department or agency of the United
States may be granted a sabbatical under this paragraph only if
the teacher agrees, as a condition of accepting the sabbatical,
to serve in the civil service upon the completion of the
sabbatical for a period of two consecutive years.
(ii) Each agreement required under clause (i) of this
subparagraph shall provide that in the event the teacher fails
to carry out the agreement (except for good and sufficient
reason as determined by the head of the department or agency
that granted the sabbatical), the teacher shall be liable to
the United States for payment of all expenses (including
salary) of the sabbatical. The amount shall be treated as a
debt due the United States.
(d) Sections 5595(a)(2)(iii), 5724a(a) (3) and (4), and
8102(b) of title 5, United States Code, are each amended by
striking out ``Canal Zone'' each place it appears and inserting
in lieu thereof ``areas and installations in the Republic of
Panama made available to the United States pursuant to the
Panama Canal Treaty of 1977 and related agreements (as
described in section 3(a) of the Panama Canal Act of 1979)''.
placement
Sec. 1232.\97\ (a) Any citizen of the United States--
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\97\ 22 U.S.C. 3672.
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(1) who, on March 31, 1979, was an employee of the
Panama Canal Company or the Canal Zone Government;
(2) who separates or is scheduled to separate on or
after such date for any reason other than misconduct or
delinquency; and
(3) who is not placed in another appropriate position
in the Government of the United States in the Republic
of Panama;
shall, upon the employee's request, be accorded appropriate
assistance for placement in vacant positions in the Government
of the United States in the United States.
(b) Any citizen of the United States--
(1) who, on March 31, 1979, was employed in the Canal
Zone as an employee of an Executive agency (other than
the Panama Canal Company or the Canal Zone Government)
or the Smithsonian Institution;
(2) whose position is eliminated as the result of the
implementation of any provision of the Panama Canal
Treaty of 1977 and related agreements; and
(3) who is not appointed to another appropriate
position in the Government of the United States in the
Republic of Panama;
shall, upon the employee's request, be accorded appropriate
assistance for placement in vacant positions in the Government
of the United States in the United States.
(c) The Office of Personnel Management shall establish and
administer a Government-wide placement program for all eligible
employees who request appointment to positions under this
section.
(d) The provisions of this section shall take effect on the
date of the enactment of this Act.
transition separation incentive payments
Sec. 1233.\98\ (a) In applying to the Commission and
employees of the Commission the provisions of section 663 of
the Treasury, Postal Service, and General Government
Appropriations Act, 1997 (as contained in section 101(f) of
division A of Public Law 104-208; 110 Stat. 3009-383), relating
to voluntary separation incentives for employees of certain
Federal agencies (in this section referred to as ``section
663'')--
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\98\ 22 U.S.C. 3673. Sec. 3526 of Public Law 105-85 (111 Stat.
2067) added sec. 1233.
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(1) the term ``employee'' shall mean an employee of
the Commission who has served in the Republic of Panama
in a position with the Commission for a continuous
period of at least three years immediately before the
employee's separation under an appointment without time
limitation and who is covered under the Civil Service
Retirement System or the Federal Employees' Retirement
System under subchapter III of chapter 83 or chapter
84, respectively, of title 5, United States Code, other
than--
(A) an employee described in any of
subparagraphs (A) through (F) of subsection
(a)(2) of section 663; or
(B) an employee of the Commission who, during
the 24-month period preceding the date of
separation, has received a recruitment or
relocation bonus under section 1217(c) of this
Act or who, within the 12-month period
preceding the date of separation, received a
retention bonus under section 1217(d) of this
Act;
(2) the strategic plan under subsection (b) of
section 663 shall include (in lieu of the matter
specified in subsection (b)(2) of that section)--
(A) the positions to be affected, identified
by occupational category and grade level;
(B) the number and amounts of separation
incentive payments to be offered; and
(C) a description of how such incentive
payments will facilitate the successful
transfer of the Panama Canal to the Republic of
Panama;
(3) a separation incentive payment under section 663
may be paid to a Commission employee only to the extent
necessary to facilitate the successful transfer of the
Panama Canal by the United States of America to the
Republic of Panama as required by the Panama Canal
Treaty of 1977;
(4) such a payment--
(A) may be in an amount determined by the
Commission not to exceed $25,000; and
(B) may be made (notwithstanding the
limitation specified in subsection (c)(2)(D) of
section 663) in the case of an eligible
employee who voluntarily separates (whether by
retirement or resignation) during the 90-day
period beginning on the date of the enactment
of this section or during the period beginning
on October 1, 1998, and ending on December 31,
1998;
(5) in the case of not more than 15 employees who (as
determined by the Commission) are unwilling to work for
the Panama Canal Authority after the Canal Transfer
Date and who occupy critical positions for which (as
determined by the Commission) at least two years of
experience is necessary to ensure that seasoned
managers are in place on and after the Canal Transfer
Date, such a payment (notwithstanding paragraph (4))--
(A) may be in an amount determined by the
Commission not to exceed 50 percent of the
basic pay of the employee; and
(B) may be made (notwithstanding the
limitation specified in subsection (c)(2)(D) of
section 663) in the case of such an employee
who voluntarily separates (whether by
retirement or resignation) during the 90-day
period beginning on the date of the enactment
of this section; and
(6) the provisions of subsection (f) of section 663
shall not apply.
(b) A decision by the Commission to exercise or to not
exercise the authority to pay a transition separation incentive
under this section shall not be subject to review under any
statutory procedure or any agency or negotiated grievance
procedure except under any of the laws referred to in section
2302(d) of title 5, United States Code.
Subchapter IV--Retirement
early retirement eligibility
Sec. 1241.\99\ * * *
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\99\ Sec. 1241 amended sec. 8336 of title 5, United States Code, to
clarify eligibility requirements for early retirement of Panama Canal
Company and Commission employees.
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early retirement computation
Sec. 1242.\100\ * * *
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\100\ Sec. 1242 amended sec. 8339(d) of title 5, United States
Code, to clarify early retirement computation for Panama Canal Company
and Commission employees.
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retirement under special treaty provisions
Sec. 1243.\101\ (a)(1) Subject to subsection (b) of this
section, and under such regulations as the President may
prescribe, the Secretary of the Treasury shall pay to the
Social Security System of the Republic of Panama, out of funds
deposited in the Treasury of the United States to the credit of
the Civil Service Retirement and Disability Fund under section
8334(a)(2) of title 5, United States Code, such sums of money
as may be necessary to aid in the purchase of a retirement
equity in such System for each individual who--
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\101\ 22 U.S.C. 3681.
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(A) meets the requirements of paragraph (2) of this
subsection;
(B) is separated from employment in the Panama Canal
Company, the Canal Zone Government, or the Commission
by reason of the implementation of any provision of the
Panama Canal Treaty of 1977 and related agreements; and
(C) becomes employed in a position covered by the
Social Security System of the Republic of Panama
through the transfer of a function or activity to the
Republic of Panama from the United States or through a
job placement assistance program.
(2) This subsection applies with respect to any individual
only if the individual--
(A) has been credited with at least 5 years of
civilian service under section 8332 of title 5, United
States Code, relating to creditable service for
purposes of civil service retirement;
(B) is not eligible for an immediate retirement
annuity under chapter 83 of title 5, United States
Code, relating to civil service retirement, and elects
not to receive a deferred annuity under that chapter
based on any portion of that service; and
(C) elects to withdraw from the Civil Service
Retirement and Disability Fund the individual's entire
lump-sum credit (as defined in section 8331(8) of title
5, United States Code) and to transfer that amount to
the Social Security System of the Republic of Panama
pursuant to the special regime referred to in paragraph
3 of Article VIII of the Agreement in implementation of
Article III of the Panama Canal Treaty of 1977.
(b) The amount paid to the Social Security System of the
Republic of Panama with respect to any individual under
subsection (a) of this section shall not exceed the
individual's entire lump-sum credit (as so defined).
(c)(1) Pursuant to paragraph 2(b) of Annex C to the
Agreement in Implementation of Article IV of the Panama Canal
Treaty of 1977, the President, or the President's designee,
shall purchase from a source determined by the President to be
appropriate, in accordance with such regulations as the
President or the President's designee may prescribe and to such
extent or in such amounts as may be provided in advance in
appropriation Acts, a nontransferable deferred annuity for the
benefit of each employee of an agency or instrumentality of the
Government of the United States in the Republic of Panama--
(A) who is not a citizen of the United States;
(B) who was employed on October 1, 1979, and during
any period before that date by an agency or
instrumentality of the Government of the United States
at any permanent duty station in the Republic of Panama
(including, with respect to employment before that
date, the area then known as the Canal Zone);
(C) who, for any period of service with such agency
or instrumentality before October 1, 1979, at any such
permanent duty station was not covered, by reason of
that service, by the United States Civil Service
Retirement System or any other Federal retirement
system providing benefits similar to those retirement
benefits provided by the Social Security System of the
Republic of Panama; and
(D) who on October 1, 1979, is under a Federal
retirement system and, on or before that date, has
accrued in one or more agencies or instrumentalities of
the United States a total of 5 years or more of service
which--
(i) is creditable toward any Federal
retirement system as in effect on October 1,
1979;
(ii) would have been creditable toward any
such retirement system if the retirement system
were in effect at the time of the service
accrued by the employee; or
(iii) consists of any combination of service
described in clauses (i) and (ii) of this
subparagraph.
(2) The retirement annuity referred to in paragraph (1) of
this subsection with respect to any employee will cover
retroactively,\102\ from October 1, 1979, all periods of
service, described in subparagraph (D) of that paragraph, by
that employee at any permanent duty station in the Republic of
Panama (including the area known before that date as the Canal
Zone) in agencies and instrumentalities of the Government of
the United States during which that employee was not covered by
the United States Civil Service Retirement System or any other
Federal retirement system providing benefits similar to those
retirement benefits provided by the Social Security System of
the Republic of Panama.
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\102\ Sec. 3550(d)(6) of Public Law 105-85 (111 Stat. 2074) struck
out ``retroactivity'' and inserted in lieu thereof ``retroactively''.
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obligation of commission for unfunded liability
Sec. 1244.\103\ * * *
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\103\ Sec. 1244 amended sec. 8384 of title 5, United States Code.
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administration of certain disability benefits
Sec. 1245.\104\ (a)(1) The Commission, or any other United
States Government agency or private entity acting pursuant to
an agreement with the Commission, under the Act entitled ``An
Act authorizing cash relief for certain employees of the Panama
Canal not coming within the provisions of the Canal Zone
Retirement Act'', approved July 8, 1937 (50 Stat. 478; 68 Stat.
17), may continue the payments of cash relief to those
individual former employees of the Canal Zone Government or
Panama Canal Company or their predecessor agencies not coming
within the scope of the former Canal Zone Retirement Act whose
services were terminated prior to October 5, 1958, because of
unfitness for further useful service by reason of mental or
physical disability resulting from age or disease.
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\104\ 22 U.S.C. 3682. Sec. 3538 of Public Law 104-201 (110 Stat.
2864) amended and restated the catchline and all of subsec. (a). Sec.
3548(c)(2) of that Act also amended the catchline to read
``administration of certain disability benefits''. Subsec. (a) formerly
read as follows:
``(a) The Commission, under the regulation prescribed by the
President pursuant to the Act entitled `An Act authorizing cash relief
for certain employees of the Panama Canal not coming within the
provisions of the Canal Zone Retirement Act', approved July 8, 1937, as
amended (50 Stat. 478; 68 Stat. 17), may continue the payments of cash
relief to those individual former employees of the Canal Zone
Government or Panama Canal Company or their predecessor agencies not
coming within the scope of the former Canal Zone Retirement Act whose
services were terminated prior to October 5, 1958, because of unfitness
for further useful service by reason of mental or physical disability
resulting from age or disease. Subject to subsection (b) of this
section, that cash relief may not exceed $1.50 per month for each year
of service of the employees so furnished relief, with a maximum of $45
per month, plus the amount of any cost-of-living increases in such cash
relief granted before October 1, 1979, pursuant to section 181 of title
2 of the Canal Zone Code (as in effect on September 30, 1979), nor be
paid to any employee who, at the time of termination for disability
prior to October 5, 1958, had less than 10 years' service with the
Canal Zone Government, the Panama Canal Company, or their predecessor
agencies on the Isthmus of Panama.''.
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(2) Subject to subsection (b), cash relief under this
subsection may not exceed $1.50 per month for each year of
service of the employees so furnished relief, with a maximum of
$45 per month, plus the amount of any cost-of-living increases
in such cash relief granted before October 1, 1979, pursuant to
section 181 of title 2 of the Canal Zone Code (as in effect on
September 30, 1979), nor be paid to any employee who, at the
time of termination for disability prior to October 5, 1958,
had less than 10 years' service with the Canal Zone Government,
the Panama Canal Company, or their predecessor agencies on the
Isthmus of Panama.
(b) An additional amount of $20 per month shall be paid to
each person who receives payment of cash relief under
subsection (a) of this section and shall be allowed without
regard to the limitations contained therein.
(c) Each cash relief payment made pursuant to this section
shall be increased on the same effective date and by the same
percent, adjusted to the nearest dollar, as civil service
retirement annuities are increased under the cost-of-living
adjustment provisions of section 8340(b) of title 5, United
States Code. Such increase shall apply only to cash relief
payments made after October 1, 1979, as increased by annuity
increases made after that date under such section 8340(b).
(d) The Commission may pay cash relief to the widow of any
former employee of the Canal Zone Government or the Panama
Canal Company who, until the time of his death, receives or has
received cash relief under subsection (a) of this section,
under section 181 of title 2 of the Canal Zone Code (as in
effect on September 30, 1979), or under the Act of July 8,
1937, referred to in such subsection (a). The term ``widow'' as
used in this subsection includes only the following:
(1) a woman legally married to such employee at the
time of his termination for disability and at his
death;
(2) a woman who, although not legally married to such
former employee at the time of his termination, had
resided continuously with him for at least five years
immediately preceding the employee's termination under
such circumstances as would at common law make the
relationship a valid marriage and who continued to
reside with him until his death; and
(3) a woman who has not remarried or assumed a
common-law relationship with any other person.
Cash relief granted to such a widow shall not at any time
exceed 50 percent of the rate at which cash relief, inclusive
of any additional payment under subsection (b) of this section,
would be payable to the former employee were he then alive.
(e) Subchapter III of chapter 83 of title 5, United States
Code, applies with respect to those individuals who were in the
service of the Canal Zone Government or the Panama Canal
Company on October 5, 1958, and who, except for the operation
of section 13(a)(1) of the Act entitled ``An Act to implement
item 1 of a Memorandum of Understanding attached to the treaty
of January 25, 1955, entered into by the Government of the
United States of America and the Government of the Republic of
Panama with respect to wage and employment practices of the
Government of the United States of America in the Canal Zone'',
approved July 25, 1958 (72 Stat. 405), would have been within
the classes of individuals subject to the Act of July 8, 1937,
referred to in subsection (a) of this section.
Sec. 1246.\105\ * * * [Repealed--1996]
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\105\ Formerly at 22 U.S.C. 3683. Sec. 3546(a)(6) of Public Law
104-201 (110 Stat. 2867) repealed sec. 1246, relating to appliances
(such as artificial limbs) for employees injured before September 7,
1916.
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Subchapter V--Leave
Sec. 1251.\106\ * * * [Repealed--1996]
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\106\ Sec. 3546(a)(7) of Public Law 104-201 (110 Stat. 2868)
repealed sec. 1251. Sec. 1251 had related to leave for jury or witness
service, amending sec. 6322(a) of title 5, United States Code.
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Subchapter VI--Application to Related Personnel
law enforcement; canal zone civilian personnel policy coordination
board; related employees
Sec. 1261.\107\ (a) For the purposes of sections 1206,
1231, 1232, 1241, and 1242 of this Act, including any amendment
made by those sections, the United States Attorney for the
District of the Canal Zone and the Assistant United States
Attorneys and their clerical assistants, and the United States
Marshal for the District of the Canal Zone and his deputies and
clerical assistants shall be considered employees of the
Commission.
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\107\ 22 U.S.C. 3691.
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(b) For the purposes of this Act, including any amendment
made by this Act, the Executive Director of the Canal Zone
Civilian Personnel Policy Coordinating Board, the Manager,
Central Examining Office, and their staffs shall be considered
to have been employees of the Panama Canal Company with respect
to service in those positions before October 1, 1979, and as
employees of the Commission with respect to service in those
positions on or after that date.
(c) The provisions of this section shall take effect on the
date of the enactment of this Act.
Subchapter VII--Labor-Management Relations
labor-management relations
Sec. 1271.\108\ (a) Nothing in this Act shall be construed
to affect the applicability of chapter 71 of title 5, United
States Code, relating to labor-management and employee
relations, with respect to the Commission or the operations of
any other Executive agency conducted in that area of the
Republic of Panama which, on September 30, 1979, was the Canal
Zone, except that in applying those provisions--
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\108\ 22 U.S.C. 3701.
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(1) the definition of ``employee'' shall be applied
without regard to clause (i) of section 7103(a)(2) of
such title 5 which relates to nationality and
citizenship; \109\
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\109\ Sec. 3505(1) of the Panama Canal Commission Authorization Act
for Fiscal Year 1994 (title XXXV of the National Defense Authorization
Act for Fiscal Year 1994; Public Law 103-160; 107 Stat. 1966) struck
out ``and'' at the end of para. (1). Sec. 3505(2) struck out
``supervisors.'' at the end of para. (2), and inserted in lieu thereof
``supervisors; and''. Sec. 3505(3) added new para. (3).
Sec. 3506 of that Act further provided that paragraph (3) ``shall
take effect on the date of the enactment of this Act [November 30,
1993] and shall apply with respect to grievances arising on or after
such date.''.
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(2) a unit shall be considered to be appropriate
notwithstanding the fact that it includes any
supervisor if that supervisor's position (or type of
position) was, before October 1, 1979, represented
before the Panama Canal Company by a labor organization
that included employees who were not supervisors; and
\109\
(3) \109\ any negotiated grievance procedures under
section 7121 of title 5, United States Code, including
any provisions relating to binding arbitration, shall,
with respect to any personnel action to which
subchapter II of chapter 75 of such title applies (as
determined under section 7512 of such title), be
available to the same extent and in the same manner as
if employees of the Panama Canal Commission were not
excluded from such subchapter under section 7511(b)(8)
of such title.
(b) Labor-management and employee relations of the
Commission, other Executive agencies, and the Smithsonian
Institution, their employees, and organizations of those
employees, in connection with operations conducted in that area
of the Republic of Panama which, on September 30, 1979, was the
Canal Zone, shall be governed and regulated solely by the
applicable laws, rules, and regulations of the United States.
(c) \110\ (1) This subsection applies to any matter that
becomes the subject of collective bargaining between the
Commission and the exclusive representative for any bargaining
unit of employees of the Commission during the period beginning
on the date of the enactment of this subsection and ending on
the Canal Transfer Date.
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\110\ Sec. 3527 of Public Law 105-85 (111 Stat. 2068) added subsec.
(c).
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(2)(A) The resolution of impasses resulting from collective
bargaining between the Commission and any such exclusive
representative during that period shall be conducted in
accordance with such procedures as may be mutually agreed upon
between the Commission and the exclusive representative
(without regard to any otherwise applicable provisions of
chapter 71 of title 5, United States Code). Such mutually
agreed upon procedures shall become effective upon transmittal
by the Chairman of the Supervisory Board of the Commission to
the Congress of notice of the agreement to use those procedures
and a description of those procedures.
(B) The Federal Services Impasses Panel shall not have
jurisdiction to resolve any impasse between the Commission and
any such exclusive representative in negotiations over a
procedure for resolving impasses.
(3) If the Commission and such an exclusive representative
do not reach an agreement concerning a procedure for resolving
impasses with respect to a bargaining unit and transmit notice
of the agreement under paragraph (2) on or before July 1, 1998,
the following shall be the procedure by which collective
bargaining impasses between the Commission and the exclusive
representative for that bargaining unit shall be resolved:
(A) If bargaining efforts do not result in an
agreement, either party may timely request the Federal
Mediation and Conciliation Service to assist in
achieving an agreement.
(B) If an agreement is not reached within 45 days
after the date on which either party requests the
assistance of the Federal Mediation and Conciliation
Service in writing (or within such shorter period as
may be mutually agreed upon by the parties), the
parties shall be considered to be at an impasse and the
Federal Mediation and Conciliation Service shall
immediately notify the Federal Services Impasses Panel
of the Federal Labor Relations Authority, which shall
decide the impasse.
(C) If the Federal Services Impasses Panel fails to
issue a decision within 90 days after the date on which
notice under subparagraph (B) is received by the Panel
(or within such shorter period as may be mutually
agreed upon by the parties), the efforts of the Panel
shall be terminated.
(D) In such a case, the Chairman of the Panel (or
another member in the absence of the Chairman) shall
immediately determine the matter by a drawing
(conducted in such manner as the Chairman (or, in the
absence of the Chairman, such other member) determines
appropriate) between the last offer of the Commission
and the last offer of the exclusive representative,
with the offer chosen through such drawing becoming the
binding resolution of the matter.
(4) In the case of a notice of agreement described in
paragraph (2)(A) that is transmitted to the Congress as
described in the second sentence of that paragraph after July
1, 1998, the impasse resolution procedures covered by that
notice shall apply to any impasse between the Commission and
the other party to the agreement that is unresolved on the date
on which that notice is transmitted to the Congress.
Chapter 3--Funds and Accounts
Subchapter I--Funds
Sec. 1301.\111\ * * * [Repealed--1996]
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\111\ Formerly at 22 U.S.C. 3711. Sec. 3546(a)(8) of Public Law
104-201 (110 Stat. 2868) repealed sec. 1301, relating to Canal Zone
Government funds.
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panama canal revolving fund
Sec. 1302.\112\ (a) There is established in the Treasury of
the United States a revolving fund to be known as `Panama Canal
Revolving Fund'. The Panama Canal Revolving Fund shall, subject
to subsection (b), be available to the Commission to carry out
the purposes, functions, and powers authorized by this Act,
including for the following purposes: \113\
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\112\ 22 U.S.C. 3712. Sec. 3539 of Public Law 104-201 (110 Stat.
2865) amended and restated sec. 1302.
Previously, sec. 5422 of the Omnibus Budget Reconciliation Act of
1987 (Public Law 100-203; 101 Stat. 1330-271) retitled sec. 1302 and
inserted new text for subsecs. (a) through (e). Sec. 9 of Public Law
100-705 (102 Stat. 4687), sec. 3521(b)(1) of Public Law 102-484 (106
Stat. 2657), and sec. 3525 of Public Law 104-106 (110 Stat. 640) also
amended sec. 1302 prior to its restatement.
\113\ Sec. 3528(b)(1) of the Panama Canal Transition Facilitation
Act of 1997 (subtitle B of title XXXV of Public Law 105-85; 111 Stat.
2068) struck out ``for--'' and inserted in lieu thereof ``for the
following purposes:''. Para. (2) of that subsection amended paras. (1)
through (9) by capitalizing the first letter of each word in each
paragraph. Para. (3) of that subsection struck out a semicolon at the
end of each of paras. (1) through (7), and inserted in lieu thereof a
period. Para. (4) of that subsection struck out ``; and'' at the end of
para. (8) and inserted in lieu thereof a period.
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(1) The hire of passenger motor vehicles and
aircraft.
(2) Uniforms or allowances therefor.
(3) Official receptions and representation expenses
of the Board, the Secretary of the Commission, and the
Administrator.
(4) The operation of guide services.
(5) A residence for the Administrator.
(6) Disbursements by the Administrator for employee
and community projects.
(7) The procurement of expert and consultant
services.
(8) Promotional activities, including the
preparation, distribution, or use of any kit, pamphlet,
booklet, publication, radio, television, film, or other
media presentation designed to promote the Panama Canal
as a resource of the world shipping industry.
(9) The purchase and transportation to the Republic
of Panama of passenger motor vehicles, including large,
heavy-duty vehicles.
(10) \114\ Payment to the Panama Canal Authority, not
later than the Canal Transfer Date, of such amount as
is computed by the Commission to be the future amount
of severance pay to be paid by the Panama Canal
Authority to employees whose employment with the
Authority is terminated, to the extent that such
severance pay is attributable to periods of service
performed with the Commission before the Canal Transfer
Date (and assuming for purposes of such computation
that the Panama Canal Authority, in paying severance
pay to terminated employees, will provide for crediting
of periods of service with the Commission).
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\114\ Sec. 3528(a) of Public Law 105-85 (111 Stat. 2069) added
para. (10).
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(b)(1) There shall be deposited in the Panama Canal Revolving
Fund, on a continuing basis, toll receipts (other than amounts
of toll receipts deposited into the Panama Canal Commission
Dissolution Fund under section 1305) and all other receipts of
the Commission. Except as provided in section 1303, no funds
may be obligated or expended by the Commission in any fiscal
year unless such obligation or expenditure has been
specifically authorized by law.
(2) No funds may be authorized for the use of the
Commission, or obligated or expended by the Commission in any
fiscal year; in excess of--
(A) the amount of revenues deposited in the Panama
Canal Revolving Fund and the Panama Canal Commission
Dissolution Fund during such fiscal year; plus
(B) the amount of revenues deposited in the Panama
Canal Revolving Fund before such fiscal year and
remaining unobligated at the beginning of such fiscal
year; plus
(C) the $100,000,000 borrowing authority provided for
in section 1304 of this Act.
Not later than 30 days after the end of each fiscal year, the
Secretary of the Treasury shall report to the Congress the
amount of revenues deposited in the Panama Canal Revolving Fund
during such fiscal year.
(c) With the approval of the Secretary of the Treasury, the
Commission may deposit amounts in the Panama Canal Revolving
Fund in any Federal Reserve bank, any depositary for public
funds, or such other place and in such manner as the Commission
and the Secretary may agree.
(d)(1) It is the sense of the Congress that the additional
costs resulting from the implementation of the Panama Canal
Treaty of 1977 and related agreements should be kept to the
absolute minimum level. To this end, the Congress declares
appropriated costs of implementation to be borne by the
taxpayers over the life of such Treaty should be kept to a
level no greater than the March 1979 estimate of those costs
($870,700,000) presented to the Congress by the executive
branch during consideration of this Act by the Congress, less
personnel retirement costs of $205,000,000, which were
subtracted and charged to tolls, therefore resulting in net
taxpayer cost of approximately $665,700,000, plus appropriate
adjustments for inflation.
(2) It is further the sense of the Congress that the actual
costs of implementation be consistent with the obligations of
the United States to operate the Panama Canal safely and
efficiently and keep it secure.
(e)(1) \115\ The Panama Canal Commission and the Office of
Transition Administration (described in section 3504 of Public
Law 106-65) shall terminate on October 1, 2004.
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\115\ Sec. 121 of Public Law 108-309 (118 Stat. 1140) added subsec.
(e).
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(2) Upon termination pursuant to paragraph (1), the Panama
Canal Revolving Fund shall be transferred to the General
Services Administration (GSA). GSA shall use the amounts in the
Fund to make payments of any outstanding liabilities of the
Commission, as well as any expenses associated with the
termination of the Office of Transition Administration and the
Commission. The fund shall be the exclusive source available
for payment of any outstanding liabilities of the Commission.
emergency authority
Sec. 1303.\116\ If authorizing legislation described in
section 1302(b)(1) \117\ has not been enacted for a fiscal
year, then the Commission may withdraw funds from the Panama
Canal Revolving Fund in order to defray emergency expenses and
to ensure the continuous, efficient, and safe operation of the
Panama Canal, including expenses for capital projects.\118\ The
authority of this section may be exercised only until
authorizing legislation described in section 1302(b)(1) \117\
is enacted, or for a period of 24 months after the end of the
fiscal year for which such authorizing legislation was last
enacted, whichever occurs first. Within 60 days after the end
of any calendar quarter in which expenditures are made under
this section, the Commission shall report such expenditures to
the appropriate committees of the Congress.
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\116\ 22 U.S.C. 3713. Sec. 5423 of Public Law 100-203 (101 Stat.
1330-273) amended the title and substantially restated sec. 1303.
Earlier text authorized the Secretary of the Treasury to establish and
maintain a Panama Canal Emergency Fund.
\117\ Sec. 3548(b)(2) of Public Law 104-201 (110 Stat. 2869) struck
out ``section 1302(c)(1)'' and inserted in lieu thereof ``section
1302(b)(1)''.
\118\ Sec. 3529(2) of Public Law 104-106 (110 Stat. 642) struck out
``The authority of this section may not be used for administrative
expenses.'' at this point.
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borrowing authority
Sec. 1304.\119\ (a) The Panama Canal Commission may borrow
from Treasury, for any of the purposes of the commission, not
more than $100,000,000 outstanding at any time. For this
purpose, the Commission may issue to the Secretary of the
Treasury its notes or other obligations--
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\119\ 22 U.S.C. 3714. Sec. 5424(a) of Public Law 100-203 (101 Stat.
1330-273) added sec. 1304.
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(1) which shall have maturities (of not later than
December 31, 1999) agreed upon by the Commission and
the Secretary of the Treasury, and
(2) which may be redeemable at the option of the
Commission before maturity.
(b) Amounts borrowed under this section shall not be
available for payments to Panama under Article XIII of the
Panama Canal Treaty of 1977.
(c) Amounts borrowed under this section shall increase the
investment of the United States in the Panama Canal, and
repayment of such amount shall decrease such investment.
(d) The Commission shall report to the Congress and to the
Office of Management and Budget on each exercise of borrowing
authority under this section.
dissolution of commission
Sec. 1305.\120\ (a)(1) The Commission shall conduct a study
of--
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\120\ 22 U.S.C. 3714a. Sec. 3521(a) of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat.
2656) added this section.
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(A) the costs associated with the dissolution of the
Commission, including the composition, location, and
costs of the office authorized to be established under
subsection (b); and
(B) costs and liabilities incurred or administered by
the Commission that will not be paid before the date of
that dissolution.
(2) The Commission shall submit to the Congress, by not
later than September 30, 1996, a report on the findings and
conclusions of the study under this subsection. The report
shall include an estimate of the period of time which may be
required to close out the affairs of the Commission after the
termination of the Panama Canal Treaty of 1977.
(b) The Commission shall during fiscal year 1998 establish
an office to close out the affairs of the Commission that are
still pending after the termination of the Panama Canal Treaty
of 1977.
(c)(1) There is established in the Treasury of the United
States a fund to be known as the ``Panama Canal Commission
Dissolution Fund'' (hereinafter in this section referred to as
the ``Fund''). The Fund shall be managed by the Commission
until the termination of the Panama Canal Treaty of 1977 and by
the office established under subsection (b) thereafter.
(2)(A) Subject to paragraph (5), the Fund shall be
available after September 30, 1998, to pay--
(i) the costs of operating the office established
under subsection (b); and
(ii) the costs and liabilities associated with
dissolution of the Commission, including such costs
incurred or identified after the termination of the
Panama Canal Treaty of 1977.
(B) Payments from the Fund made during the period beginning
on October 1, 1998, and ending with the termination of the
Panama Canal Treaty of 1977 shall be subject to the approval of
the Board provided for in section 1102.
(3) The Fund shall consist of--
(A) such amounts as may be deposited into the Fund by
the Commission, from amounts collected as toll
receipts, to pay the costs described in paragraph (2);
and
(B) amounts credited to the Fund under paragraph (4).
(4)(A) The Secretary of the Treasury shall invest excess
amounts in the Fund in public debt securities with maturities
suitable to the needs of the Fund, as determined by the manager
of the Fund.
(B) Securities invested under subparagraph (A) shall bear
interest at rates determined by the Secretary of the Treasury,
taking into consideration current market yields on outstanding
marketable obligations of the United States of comparable
maturity.
(C) Interest earned on securities invested under
subparagraph (A) shall be credited to and form part of the
Fund.
(5)(A) \121\ Amounts in the Fund may not be obligated or
expended in any fiscal year unless the obligation or
expenditure is specifically authorized by law.
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\121\ Sec. 3504 of the Panama Canal Commission Authorization Act
for Fiscal Year 2000 (title XXXV of Public Law 106-65; 113 Stat. 975)
added subparagraph designation ``(A)'' and added subpara. (B).
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(B) \121\ The office established by subsection (b) is
authorized to expend or obligate funds from the Fund for the
purposes enumerated in clauses (i) and (ii) of paragraph (2)(A)
until October 1, 2004.
(6) The Fund shall terminate on October 1, 2004. Amounts in
the Fund on that date shall be deposited in the general fund of
the Treasury of the United States.
printing
Sec. 1306.\122\ (a) Sections 501 through 517 and 1101
through 1123 \123\ of title 44, United States Code, shall not
apply to direct purchase by the Commission for its use of
printing, binding, and blank-book work in the Republic of
Panama when the Commission determines that such direct purchase
is in the best interest of the Government.
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\122\ 22 U.S.C. 3714b. Sec. 3540 of Public Law 104-201 (110 Stat.
2866) added sec. 1306.
\123\ Sec. 3549 of Public Law 105-85 (111 Stat. 2073) struck out
``Section 501'' and inserted in lieu thereof ``Sections 501 through 517
and 1101 through 1123''.
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(b) This section shall not affect the Commission's
authority, under chapter 5 of title 44, United States Code, to
operate a field printing plant.
Subchapter II--Accounting Policies and Audits
accounting policies
Sec. 1311.\124\ (a) The Commission shall establish and
maintain its accounts pursuant to chapter 91 of title 31,
United States Code,\125\ and the provisions of this chapter.
Such accounts shall specify all revenues received by the
Commission, including tolls for the use of the Panama Canal,
expenditures for capital replacement, expansion, and
improvement, and all costs of maintenance and operation of the
Panama Canal and of its complementary works, installations, and
equipment, including depreciation, payments to the Republic of
Panama under the Panama Canal Treaty of 1977, and interest on
the investment of the United States calculated in accordance
with section 1603 of this Act.
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\124\ 22 U.S.C. 3721.
\125\ Sec. 3541(a) of Public Law 104-201 (110 Stat. 2866) struck
out ``the Accounting and Auditing Act of 1950 (31 U.S.C. 65 et seq.)''
and inserted in lieu thereof ``chapter 91 of title 31, United States
Code,''.
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(b) The Commission may issue regulations establishing the
basis of accounting for the assets which are made available for
the use of the Commission. Such regulations may provide for
depreciation of the net replacement value of the assets which
will ultimately require replacement to maintain the service
capacity of the Panama Canal. Such regulations may also provide
the depreciation of such assets be recorded ratably over their
service lives.
Sec. 1312.\126\ * * * [Repealed--1995]
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\126\ Formerly at 22 U.S.C. 3722. Sec. 2201(a) of Public Law 104-66
(109 Stat. 707) repealed this section. Sec. 1312 required the
Commission to report annually to the President and to the Congress on
finances, maintenance, and operation of the Panama Canal during the
preceding fiscal year.
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audits \127\
Sec. 1313. (a) Notwithstanding any other provision of law,
and subject to subsection (c),\128\ financial transactions
\129\ of the Commission shall be audited by the Comptroller
General of the United States (hereinafter in this Act referred
to as the ``Comptroller General'').\130\ In conducting such
audit,\131\ the appropriate representatives of the Comptroller
General shall have access to all books, accounts, financial
records, reports, files, and other papers, items, or property
in use by the Commission and necessary to facilitate such
audit, and such representative shall be afforded full
facilities for verifying transactions with the balances or
securities held by depositories, fiscal agents, and custodians.
Any such audit \132\ shall first be conducted with respect to
the fiscal year in which this Act becomes effective. An audit
performed under this section is subject to the requirements of
paragraphs (2), (3), and (5) of section 9105(a) of title 31,
United States Code.\133\
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\127\ 22 U.S.C. 3723. Sec. 3526(a)(1) of Public Law 104-106 (110
Stat. 640) amended the section heading of sec. 1313, which formerly
read ``audits by the comptroller general of the united states''.
\128\ Sec. 3512(a)(3) of the Panama Canal Commission Authorization
Act for Fiscal Year 1999 (title XXXV of Public Law 105-261; 112 Stat.
2271) struck out ``subsection (d)'' and inserted in lieu thereof
``subsection (c)''.
\129\ Sec. 3526(a)(2)(A) of Public Law 104-106 (110 Stat. 640)
struck out ``Financial transactions'' and inserted in lieu thereof
``Notwithstanding any other provision of law, and subject to subsection
(d), financial transactions''.
\130\ Sec. 3526(a)(2)(B) of Public Law 104-106 (110 Stat. 640)
struck out ``pursuant to the Accounting and Auditing Act of 1950 (31
U.S.C. 65 et seq.)''. Sec. 3541(b) of Public Law 104-201 (110 Stat.
2867) made a similar amendment, striking out ``the Accounting and
Auditing Act of 1950 (31 U.S.C. 65 et seq.)'' in subsecs. (a) and (c)
and inserting in lieu thereof ``chapter 91 of title 31, United States
Code,''. This second amendment has not been executed here.
\131\ Sec. 3526(a)(2)(C) of Public Law 104-106 (110 Stat. 640)
struck out ``any audit pursuant to such Act'' and inserted in lieu
thereof ``such audit''.
\132\ Sec. 3526(a)(2)(D) of Public Law 104-106 (110 Stat. 640)
struck out ``An audit pursuant to such Act'' and inserted in lieu
thereof ``Any such audit''.
\133\ Sec. 3526(a)(2)(E) of Public Law 104-106 (110 Stat. 640)
added this last sentence.
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(b) Subject to subsection (c),\128\ the Comptroller General
\134\ shall, not later than six months after the end of each
fiscal year, submit to the Congress a report of the audit
conducted pursuant to subsection (a) of this section with
respect to such fiscal year. Such report shall set forth the
scope of the audit and shall include--
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\134\ Sec. 3526(a)(3) of Public Law 104-106 (110 Stat. 641) struck
out ``The Comptroller General'' and inserted in lieu thereof ``Subject
to subsection (d), the Comptroller General''. Subsequently, sec.
3512(a)(3) of Public Law 105-261 (112 Stat. 2271) struck out
``subsection (d)'' and inserted in lieu thereof ``subsection (c)''.
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(1) a statement of assets and liabilities, capital,
and surplus or deficit, based on the accounts of the
Commission established pursuant to this chapter.
(2) a statement of income and expenses,
(3) a statement of sources and application of funds,
(4) a statement listing all direct and indirect costs
incurred by the United States in implementing the
Panama Canal Treaty of 1977, including the cost of
property transferred to the Republic of Panama during
each fiscal year, and
(5) such comments and information as the Comptroller
General considers necessary to keep the Congress
informed of the operations and financial transactions
of the Commission, together with such recommendations
with respect to such operations and transactions as the
Comptroller General considers advisable.
The report shall identify specifically any program,
expenditure, or other financial transaction or undertaking
observed in the course of the audit which, in the opinion of
the Comptroller General, has been carried out or made and has
not been authorized by law. The Comptroller General shall
submit a copy of each such report to the President, the
Secretary of the Treasury, and the Commission.
(c) \135\ At the discretion of the Board provided for in
section 1102, the Commission may hire independent auditors to
perform, in lieu of the Comptroller General, the audit and
reporting functions prescribed in subsections (a) and (b).
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\135\ Sec. 3526(a)(4) of Public Law 104-106 (110 Stat. 641) added
these subsections as subsecs. (d) and (e). Sec. 3546(a)(9) of Public
Law 104-201 (110 Stat. 2868) subsequently repealed subsec. (c), and
sec. 3546(b) of that Act redesignated subsecs. (d) and (e) as subsecs.
(c) and (d).
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(d) \135\ In addition to auditing the financial statements
of the Commission, the Comptroller General (or the independent
auditor if one is employed pursuant to subsection (c)) \134\
shall, in accordance with standards for an examination of a
financial forecast established by the American Institute of
Certified Public Accountants, examine and report on the
Commission's financial forecast that it will be in a position
to meet its financial liabilities on December 31, 1999.
Subchapter III--Interagency Accounts
interagency services; reimbursements
Sec. 1321.\136\ (a) The Commission shall reimburse the
Employees' Compensation Fund, Bureau of Employee's
Compensation, Department of Labor, for the benefit payments to
the Commission's employees, and shall also reimburse other
Government departments and agencies for payments of a similar
nature made on its behalf.
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\136\ 22 U.S.C. 3731.
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(b) The Department of Defense shall reimburse the
Commission for amounts expended by the Commission in
maintaining defense facilities in standby condition for the
Department of Defense.
(c) Notwithstanding any other provision of law, funds
appropriated (for any fiscal year beginning after September 30,
1979) to or for the use of the Department of Defense, or to any
other department or agency of the United States as may be
designated by the President to carry out the purposes of this
subsection, shall be available for--
(1) conducting the educational and health care
activities, including kindergartens and college,
carried out by the Canal Zone Government and the Panama
Canal Company before October 1, 1979,\137\ and
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\137\ Sec. 3550(d)(2)(A) of Public Law 105-85 (111 Stat. 2074)
struck out ``the effective date of this Act'' and inserted in lieu
thereof ``October 1, 1979''.
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(2) providing the services related thereto to the
categories of persons to which such services were
provided before October 1, 1979.\138\
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\138\ Sec. 3550(d)(2)(B) of Public Law 105-85 (111 Stat. 2074)
struck out ``such effective date'' and inserted in lieu thereof
``October 1, 1979''.
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Notwithstanding any other provision of law, the Department of
Defense, or any department or agency designated by the
President to provide health care services to those categories
of persons referred to in this subsection, shall provide such
services to such categories of persons on a basis no less
favorable than that applied to its own employees and their
dependents.
(d) Amounts expended for furnishing services referred to in
subsection (c) of this section to persons eligible to receive
them, less amounts payable by such persons, shall be fully
reimbursable to the department or agency furnishing the
services, except to the extent that such expenditures are the
responsibility of that department or agency. The \139\ funds of
the Commission shall be available for such reimbursements on
behalf of--
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\139\ Sec. 3529(3) of Public Law 104-106 (110 Stat. 642) struck out
``appropriations or''.
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(1) employees of the Commission, and
(2) other persons authorized to receive such services
who are eligible to receive them pursuant to the Panama
Canal Treaty of 1977 and related agreements.
The appropriations or funds of any other department or agency
of the United States conducting operations in the Republic of
Panama, including the Smithsonian Institution, shall be
available for reimbursements on behalf of employees of such
department or agency and their dependents.
(e) \140\ * * * [Repealed--1999]
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\140\ Sec. 3507 of Public Law 105-261 (112 Stat. 2269) repealed
subsec. (e), relating to the defraying of health care and education
costs, effective 11:59 p.m. (Eastern Standard Time), December 30, 1999.
Previously, sec. 5(c) of Public Law 99-223 (99 Stat. 1739) amended and
restated subsec. (e).
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(f) For purposes of the reimbursement of the United States
by the Republic of Panama for the salaries and other employment
costs of employees of the Commission who are assigned to assist
the Republic of Panama in the operation of activities which are
transferred to that Government as a result of any provision of
the Panama Canal Treaty of 1977 and related agreements which
reimbursement is provided for in paragraph 8 of Article 10 of
that Treaty, the Commission shall be deemed to be the United
States of America.
(g) Notwithstanding any other provision of law, the
President, through the appropriate department or agency of the
United States, shall, until January 1, 2000, operate the
educational institution known as the ``Canal Zone College''.
Such institution shall continue to provide, insofar as
practicable, the level of services which it offered immediately
before the effective date of this Act.
(h) \141\ Except as expressly provided in this Act, funds
available to the Panama Canal Commission may not be made
available to any other agency as that term is defined in
section 551 of title 5, United States Code, nor may funds be
authorized or appropriated for any function other than Panama
Canal Commission activities.
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\141\ Sec. 8 of Public Law 100-705 (102 Stat. 4686) added subsec.
(h).
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Subchapter IV--Postal Matters
postal service
Sec. 1331.\142\ (a) The Commission shall take possession of
and administer the funds of the Canal Zone postal service and
shall assume its obligations.
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\142\ 22 U.S.C. 3741. Sec. 3543 of Public Law 104-201 (110 Stat.
2867) amended and restated sec. 1331.
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(b) Effective December 1, 1999, neither the Commission nor
the United States Government shall be responsible for the
distribution of any accumulated unpaid balances relating to
Canal Zone postal-savings deposits, postal-savings
certificates, and postal money orders.
(c) Mail addressed to the Canal Zone from or through the
continental United States may be routed by the United States
Postal Service to the military post offices of the United
States Armed Forces in the Republic of Panama. Such military
post offices shall provide the required directory services and
shall accept such mail to the extent permitted under the Panama
Canal Treaty of 1977 and related agreements. The Commission
shall furnish personnel, records, and other services to such
military post offices to assure wherever appropriate the
distribution, rerouting, or return of such mail.
Subchapter V--Accounts With the Republic of Panama
payments to the republic of panama
Sec. 1341.\143\ (a) The Commission shall pay to the
Republic of Panama those payments required under paragraph 5 of
Article III and paragraph 4 of Article XIII of the Panama Canal
Treaty of 1977. Payments made under paragraph 5 of Article III
of such Treaty shall be audited annually by the Comptroller
General and any overpayment, as determined in accordance with
Understanding (1) incorporated in the Resolution of
Ratification of the Panama Canal Treaty (adopted by the United
States Senate on April 18, 1978), for the service described in
that paragraph which are provided shall be refunded by the
Republic of Panama or set off against amounts payable by the
United States to the Republic of Panama under paragraph 5 of
Article III of the Panama Canal Treaty of 1977.
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\143\ 22 U.S.C. 3751.
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(b) In determining whether operating revenues exceed
expenditures for the purpose of payments to the Republic of
Panama under paragraph 4(c) of Article XIII of the Panama Canal
Treaty of 1977, such operating revenues in a fiscal period
shall be reduced by (1) all costs of such period as shown by
the accounts established pursuant to section 1311 of this Act,
and (2) the cumulative sum from prior years (beginning with the
year in which the Panama Canal Treaty of 1977 enters into
force) of any excess of costs of the Panama Canal Commission
over operating revenues.
(c) The President shall not accede to any interpretation of
paragraph 1 of Article IX of the Panama Canal Treaty of 1977
which would permit the Republic of Panama to tax retroactively
organizations and businesses operating, and citizens of the
United States living, in the Canal Zone before the effective
date of this Act.
(d) Any accumulated unpaid balance under paragraph 4(c) of
Article XIII of the Panama Canal Treaty of 1977 at the
termination of such Treaty shall be payable only to the extent
of any operating surplus in the last year of the Treaty's
duration, and nothing in such paragraph may be construed as
obligating the United States to pay after the date of the
termination of the Treaty any such unpaid balance which has
accrued before such date.
(e) As provided in section 1602(b) of this Act, tolls shall
not be prescribed at rates calculated to cover payments to the
Republic of Panama pursuant to paragraph 4(c) of Article XIII
of the Panama Canal Treaty of 1977. Moreover, no payments may
be made to the Republic of Panama under paragraph 4(c) of
Article XIII of the Panama Canal Treaty of 1977 unless
unexpended funds are used to pay all costs of operation and
maintenance of the canal, including but not limited to (1)
operating expenses determined in accordance with generally
accepted accounting principles, (2) payments to the Republic of
Panama under paragraphs 4(a) and 4(b) of such Article XIII and
under paragraph (5) of Article III of such Treaty, (3) amounts
in excess of depreciation and amortization which are programmed
for plant replacement, expansion, and improvements, (4)
payments to the Treasury of the United States under section
1603 of this Act, (5) reimbursement to the Treasury of the
United States for costs incurred by other departments and
agencies of the United States in providing educational, health,
and other services to the Commission, its employees and their
dependents, and other categories of persons in accordance with
section 1321 of this Act, (6) any costs of Treaty
implementation associated with the maintenance and operation of
the Panama Canal, and (7) amounts programmed to meet working
capital requirements.\144\
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\144\ Sec. 5426 of Public Law 100-203 (101 Stat. 1330-274) added
clause (7).
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(f) The prohibitions contained in this section and in
sections 1302(b) \145\ and 1503 of this Act shall apply
notwithstanding any other provisions of law authorizing
transfers of funds between accounts, reprogramming of funds,
use of funds for contingency purposes, or waivers of
prohibitions.
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\145\ Sec. 3548(b)(3) of Public Law 104-201 (110 Stat. 2869), as
amended by sec. 3512(b) of Public Law 105-261 (112 Stat. 2271), struck
out ``sections 1302(c)'' and inserted in lieu thereof ``sections
1302(b)''. Subsequently, sec. 3550(d)(7) of Public Law 105-85 (111
Stat. 2074) made the same amendment.
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(g) \146\ Notwithstanding any other provision of law, no
reduction under any order issued pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985 shall apply to
the Commission if the implementation of such an order would
result in a payment to the Republic of Panama under paragraph
4(c) of Article XIII of the Panama Canal Treaty of 1977 and
this section.
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\146\ Sec. 6 of Public Law 99-368 (100 Stat. 776) added subsec.
(g).
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transactions with the republic of panama
Sec. 1342.\147\ (a) \148\ The Commission may, on a
reimbursable basis, provide to the Republic of Panama
materials, supplies, equipment, work, or services, including
water and electric power, requested by the Republic of Panama,
at such rates as may be agreed upon by the Commission and the
Republic of Panama. Payment for such materials, supplies,
equipment, work, or services may be made by direct payment by
the Republic of Panama to the Commission or by offset against
amounts due the Republic of Panama by the United States.
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\147\ 22 U.S.C. 3752.
\148\ Sec. 3542 of Public Law 105-85 (111 Stat. 2072) added
subsection designation ``(a)'', and added new subsecs. (b) and (c).
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(b) \148\ The Commission may provide office space,
equipment, supplies, personnel, and other in-kind services to
the Panama Canal Authority on a nonreimbursable basis.
(c) \148\ Any executive department or agency of the United
States may, on a reimbursable basis, provide to the Panama
Canal Authority materials, supplies, equipment, work, or
services requested by the Panama Canal Authority, at such rates
as may be agreed upon by that department or agency and the
Panama Canal Authority.
disaster relief
Sec. 1343.\149\ If an emergency arises because of disaster
or calamity by flood, hurricane, earthquake, fire, pestilence,
or like cause, not foreseen or otherwise provided for, and
occurring in the Republic of Panama in such circumstances as to
constitute an actual or potential hazard to health, safety,
security, or property in the areas and installations made
available to the United States pursuant to the Panama Canal
Treaty of 1977 and related agreements, the Commission may
expend funds available \150\ to the Commission for such
purpose, and utilize or furnish materials, supplies, equipment
and services for relief, assistance, and protection.
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\149\ 22 U.S.C. 3753.
\150\ Sec. 5428(b) of Public Law 100-203 (101 Stat. 1330-274)
struck out ``available funds appropriated'' and inserted in lieu
thereof ``funds available''.
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congressional restraints on property transfer and tax expenditures
Sec. 1344.\151\ (a) The Congress enacts this section in the
exercise of its authority under Article IV, section 3, clause 2
of the Constitution of the United States to dispose of and make
necessary rules and regulations with respect to property of the
United States.
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\151\ 22 U.S.C. 3754.
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(b) Prior to the transfer of property of the United States
located in the Republic of Panama to the Republic of Panama
pursuant to section 1504 of this Act, the President shall
formally advise the Government of Panama that--
(1) in fulfilling its obligations under the Panama
Canal Treaty of 1977, the United States shall make no
payments to the Republic of Panama derived from tax
revenues of the United States;
(2) the United States retains full discretion and
authority to determine whether and the extent to which
tax revenues of the United States may be expended in
exercising United States rights and carrying out United
States responsibilities under the Panama Canal Treaty
of 1977 and related agreements;
(3) no tax revenues of the United States shall be
made available for obligations and expenditures after
the effective date of this Act for purposes of
implementing the Panama Canal Treaty of 1977 and
related agreements, unless hereafter specifically
approved by the Congress through the authorization and
appropriation process;
(4) the total amount expended by the Commission from
funds available \152\ to or for the use of the
Commission shall not exceed the total amount deposited
in the Panama Canal Revolving Fund; \152\ and
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\152\ Sec. 5428(c) of Public Law 100-203 (101 Stat. 1330-274)
struck out ``appropriated'' and ``Commission Fund'' and inserted in
lieu thereof ``available'' and ``Revolving Fund'', respectively.
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(5) the foregoing paragraphs of this subsection do
not apply to expenditures made by the United States in
fulfilling United States obligations to transfer the
remains of our honored dead from Mount Hope Cemetery in
the former Canal Zone to an appropriate and dignified
place in accordance with Reservation 3 to the Treaty
Concerning the Permanent Neutrality and Operation of
the Panama Canal.
Chapter 4--Claims for Injuries to Persons or Property
Subchapter I--General Provisions
settlement of claims generally
Sec. 1401.\153\ (a) Subject to the provisions of this
chapter, the Commission may adjust and pay claims for injury
to, or loss of, property or for personal injury or death,
arising from the operation of the Panama Canal or related
facilities and appurtenances.
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\153\ 22 U.S.C. 3761.
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(b) \154\ The Commission may pay not more than $50,000 on
any claim described in subsection (a).
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\154\ Sec. 5417(a) of title V of the Omnibus Reconciliation Act of
1987 (Public Law 100-203; 101 Stat. 1330-271) amended and restated
subsec. (b).
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(c) An award made to a claimant under this section shall be
payable out of any moneys \155\ made available to the
Commission. The acceptance by the claimant of the award shall
be final and conclusive on the claimant, and shall constitute a
complete release by the claimant of his claim against the
United States and against any employee of the United States
acting in the course of his employment who is involved in the
matter giving rise to the claim.
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\155\ Sec. 3529(4) of Public Law 104-106 (110 Stat. 642) struck out
``appropriated for or'' at this point.
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(d) Except as provided in section 1416 of this Act, no
action for damages on claims cognizable under this chapter
shall be against the United States or the Commission, and no
such action shall lie against any officer or employee of the
United States. Neither this section nor section 1416 of this
Act shall preclude actions against officers or employees of the
United States for injuries resulting from their acts outside
the scope of their employment or not in the line of their
duties, or from their acts committed with the intent to injure
the person or property of another.
(e) The provisions of section 1346(b) of title 28, United
States Code, and the provisions of chapter 171 of such title
shall not apply to claims cognizable under this chapter.
Subchapter II--Vessel Damage
injuries in locks of canal
Sec. 1411.\156\ (a) Subject to section 1419(b) of this Act
and \157\ to subsection (b) of this section, the \158\
Commission shall promptly adjust and pay damages for injuries
to vessels, or to the cargo, crew, or passengers of vessels,
which may arise by reason of their passage through the locks of
the Panama Canal when the injury was proximately caused by
negligence or fault on the part of an officer or employee of
the United States acting within the scope of his employment and
in the line of his duties in connection with the operation of
the Canal.\158\ If the negligence or fault of the vessel,
master, crew, or passengers proximately contributed to the
injury, the award of damages shall be diminished in proportion
to the negligence to fault attributable to the vessel, master,
crew, or passengers. Damages may not be allowed and paid for
injuries to any protrusion beyond any portion of the hull of a
vessel, whether it is permanent or temporary in character. A
vessel is considered to be passing through the locks of the
Canal, under the control of officers or employees of the United
States, from the time the first towing line is made fast on
board before entrance into the locks and until the towing lines
are cast off upon, or immediately prior to, departure from the
lock chamber. No payment for damages on a claim may be made
under this section unless the claim is filed with the
commission within one year after the date of the injury or
November 18, 1998, whichever is later.\159\
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\156\ 22 U.S.C. 3771.
\157\ Sec. 3509(a)(1) of the Panama Canal Commission Authorization
Act for Fiscal Year 1999 (title XXXV of Public Law 105-261; 112 Stat.
2270) inserted ``to section 1419(b) of this Act and'' after
``Subject''.
\158\ Sec. 2(a)(1)(A) of Public Law 99-209 (99 Stat. 1716) struck
out ``The'' and inserted in lieu thereof ``Subject to subsection (b) of
this section, the''. Sec. 2(a)(1)(B) struck out ``under the control of
officers or employees of the United States'' and inserted in lieu
thereof the language in this first sentence beginning with ``when the
injury was proximately caused'' and ending with ``the operation of the
Canal''. Sec. 2(a)(2) deleted the second sentence previously appearing
at this point which had read: ``Damages may not be paid where the
injury was proximately caused by the negligence or fault of the vessel,
master, crew, or passengers.''.
\159\ Sec. 2(a)(3) of Public Law 99-209 (99 Stat. 1716) added this
sentence. Sec. 3543(a) of the Panama Canal Transition Facilitation Act
of 1997 (subtitle B of title XXXV of Public Law 105-85; 111 Stat. 2072)
struck out ``within 2 years after the date of the injury, or within 1
year after the date of the enactment of the Panama Canal Amendments Act
of 1985,'' and inserted in lieu thereof ``within one year after the
date of the injury or the date of the enactment of the Panama Canal
Transition Facilitation Act of 1997,''. Sec. 3512(a)(4) of Public Law
105-261 (112 Stat. 2271) struck out ``the date of the enactment of the
Panama Canal Transition Facilitation Act of 1997'' and inserted in lieu
thereof ``November 18, 1998''.
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(b) \160\ (1) With respect to a claim under subsection (a)
for damages for injuries to a vessel or its cargo, if, at the
time the injuries were incurred, the navigation or movement of
the vessel was not under the control of a Panama Canal pilot,
the Commission may pay not more than $50,000 on the claim,\161\
unless the injuries were caused by another vessel under the
control of a Panama Canal pilot.
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\160\ Sec. 2(b) of Public Law 99-209 (99 Stat. 1716) added subsec.
(b).
\161\ Sec. 5417(b) of Public Law 100-203 (101 Stat. 1330-271)
struck out ``adjust and pay the claim only if the amount of the claim
does not exceed $50,000'' and inserted in lieu thereof ``pay not more
than $50,000 on the claim''.
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(2) The provisions of subsections (c) through (e) of
section 1401 of this Act shall apply to any claim described in
paragraph (1).
injuries outside locks
Sec. 1412.\162\ Subject to section 1419(b) of this Act, the
Commission \163\ shall promptly adjust and pay damages for
injuries to vessels, or to the cargo, crew, or passengers of
vessels which may arise by reason of their presence in the
Panama Canal, or waters adjacent thereto, other than the locks,
when the injury was proximately caused by negligence or fault
on the part of an officer or employee of the United States
acting within the scope of his employment and in the line of
his duties in connection with the operation of the Canal.\164\
No payment for damages on a claim may be made under this
section unless the claim is filed with the Commission within
one year after the date of the injury or November 18, 1998,
whichever is later.\165\ If the negligence or fault of the
vessel, master, crew, or passengers proximately contributed to
the injury, the award of damages shall be diminished in
proportion to the negligence or fault attributable to the
vessel, master, crew, or passengers. In the case of a vessel
which is required by or pursuant to regulations prescribed
pursuant to section 1801 of this Act to have a Panama Canal
pilot on duty aboard, damages may not be adjusted and paid for
injuries to the vessel, or its cargo, crew, or passengers,
incurred while the vessel was underway and in motion, unless at
the time the injuries were incurred the navigation or movement
of the vessel was under the control of a Panama Canal pilot.
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\162\ 22 U.S.C. 3772.
\163\ Sec. 3509(a)(2) of Public Law 105-261 (112 Stat. 2270) struck
out ``The Commission'' and inserted in lieu thereof ``Subject to
section 1419(b) of this Act, the Commission''.
\164\ Sec. 2(c)(1) of Public Law 99-209 (99 Stat. 1716) struck out
``, and when the amount of the claim does not exceed $120,000'' at this
point.
\165\ Sec. 2(c)(2) of Public Law 99-209 (99 Stat. 1716) added this
sentence. Sec. 3543(a) of Public Law 105-85 (111 Stat. 2072) struck out
``within 2 years after the date of the injury, or within 1 year after
the date of the enactment of the Panama Canal Amendments Act of 1985,''
and inserted in lieu thereof ``within one year after the date of the
injury or the date of the enactment of the Panama Canal Transition
Facilitation Act of 1997,''. Sec. 3512(a)(4) of Public Law 105-261 (112
Stat. 2271) struck out ``the date of the enactment of the Panama Canal
Transition Facilitation Act of 1997'' and inserted in lieu thereof
``November 18, 1998''.
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measure of damages generally
Sec. 1413.\166\ In determining the amount of the award of
damages for injuries to a vessel for which the Commission is
determined to be liable there may be included--
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\166\ 22 U.S.C. 3773.
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(1) the actual or estimated cost of repairs;
(2) charter hire actually lost by the owners, or
charter hire actually paid, depending upon the terms of
the charter party, for the time the vessel is
undergoing repairs;
(3) maintenance of the vessel and wages of the crew,
if they are found to be actual additional expenses or
losses incurred outside of the charter hire; and
(4) other expenses which are definitely and
accurately shown to have been incurred necessarily and
by reason of the accident or injuries.
Agent's fees, or commissions, or other incidental expenses of
similar character, or any items which are indefinite,
indeterminable, speculative, or conjectural may not be allowed.
The Commission shall be furnished such vouchers, receipts, or
other evidence as may be necessary in support of any item of a
claim. If a vessel is not operated under charter but by the
owner directly, evidence shall be secured if available as to
the sum for which vessels of the same size and class can be
chartered in the market. If the charter value cannot be
determined, the value of the vessel to its owners in the
business in which it was engaged at the time of the injuries
shall be used as a basis for estimating the damages for the
vessel's detention; and the books of the owners showing the
vessel's earnings about the time of the accident or injuries
shall be considered as evidence of probable earnings during the
time of detention. If the books are unavailable, such other
evidence shall be furnished as may be necessary.
delays for which no responsibility is assumed
Sec. 1414.\167\ The Commission is not responsible, and may
not consider any claim, for demurrage or delays caused by--
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\167\ 22 U.S.C. 3774.
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(1) landslides or other natural causes;
(2) necessary construction or maintenance work of
Canal locks, terminals, or equipment;
(3) obstruction arising from accidents;
(4) time necessary for admeasurement;
(5) congestion of traffic;
(6) \168\ investigation of a marine accident that is
conducted within 24 hours after the accident occurs,
except that any liability of the Commission beyond that
24-hour period shall be limited to the extent to which
the accident was caused, or contributed to, by the
negligence of an employee of the Commission acting
within the scope of the employee's official duties; or
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\168\ Sec. 3 of Public Law 99-209 (99 Stat. 1717) amended and
restated para. (6).
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(7) except as specially set forth in this subchapter,
any other cause.
settlement of claims
Sec. 1415.\169\ The Commission, by mutual agreement,
compromise, or otherwise, may adjust and determine the amounts
of the respective awards of damages pursuant to this
subchapter. Such amounts may be paid only out of money \170\
allotted for the maintenance and operation of the Panama
Canal.\171\ Acceptance by a claimant of the amount awarded to
him shall be deemed to be in full settlement of such claim
against the Government of the United States.
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\169\ 22 U.S.C. 3775. Sec. 4 of Public Law 99-190 (99 Stat. 1717),
struck out ``Subject to subsection (b) of this section, the Commission,
by'' and inserted in lieu thereof ``The Commission, by'' at the
beginning of this section. Sec. 4 also struck out subsec. (b), and
dropped the paragraph designation for subsec. (a). Subsec. (b)
previously read as follows:
``(b) The Commission shall not adjust and pay any claim for damages
for injuries arising by reason of the presence of the vessel in the
Panama Canal or adjacent waters outside the locks where the amount of
the claim exceeds $120,000 but shall submit the claim to the Congress
in a special report containing the material facts and the
recommendation of the Commission thereon.''.
\170\ Sec. 3529(5) of Public Law 104-106 (110 Stat. 642) struck out
``appropriated or'' at this point.
\171\ Sec. 4 of Public Law 99-190 (99 Stat. 1717), struck out
``Such amounts shall be payable promptly out of any moneys appropriated
or allotted for the maintenance and operation of the Panama Canal'' and
inserted in lieu thereof text beginning ``Such amounts * * *''.
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actions on claims
Sec. 1416.\172\ Subject to section 1419(b) of this Act, a
claimant \173\ for damages pursuant to section 1411(a) or 1412
\174\ of this Act who considers himself aggrieved by the
findings, determination, or award of the Commission in
reference to his claim may bring an action on the claim against
the Commission in the United States District Court for the
Eastern District of Louisiana. Subject to the provisions of
this chapter and of applicable regulations issued pursuant to
section 1801 of this Act relative to navigation of the Panama
Canal and adjacent waters, such actions shall proceed and be
heard by the court without a jury according to the principles
of law and rules of practice obtaining generally in like cases
between a private party and a department or agency of the
United States. Any judgment obtained against the Commission in
an action under this subchapter may be paid out of money \175\
allotted for the maintenance and operation of the Panama Canal.
An action for damages cognizable under this section shall not
otherwise lie against the United States or the Commission, nor
in any other court, than as provided in this section; nor may
it lie against any officer or employee of the United States or
of the Commission. Any action on a claim under this section
shall be barred unless the action is brought within 180 days
\176\ after the date on which the Commission mails to the
claimant written notification of the Commission's final
determination with respect to the within one year after the
date of the injury or by May 17, 1998,\177\ whichever is later.
Attorneys appointed by the Commission shall represent the
Commission in any action arising under this subchapter.\178\
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\172\ 22 U.S.C. 3776.
\173\ Sec. 3509(a)(3) of Public Law 105-261; 112 Stat. 2270) struck
out ``A claimant'' and inserted in lieu thereof ``Subject to section
1419(b) of this Act, a claimant''.
\174\ Sec. 5(1) of Public Law 99-209 (99 Stat. 1717) struck out
``1411'' and inserted in lieu thereof ``1411(a) or 1412''.
\175\ Sec. 5(2) of Public Law 99-209 (99 Stat. 1717) struck out
``shall be paid out of any moneys'' and inserted in lieu thereof ``may
be paid out of money''. Sec. 3529(6) of Public Law 104-106 (110 Stat.
642) struck out ``appropriated or'' after ``money''.
\176\ Sec. 3543(b)(1) of Public Law 105-85 (111 Stat. 2072) struck
out ``one year'' and inserted in lieu thereof ``180 days''.
\177\ Sec. 3543(b)(2) of Public Law 105-85 (111 Stat. 2072) struck
out ``claim, or within one year after the date of the enactment of the
Panama Canal Amendments Act of 1985,'' and inserted in lieu thereof
``within one year after the date of the injury or the date of the
enactment of the Panama Canal Transition Facilitation Act of 1997,''.
Sec. 3512(a)(5) of Public Law 105-261 (112 Stat. 2271) struck out ``the
date of the enactment of the Panama Canal Transition Facilitation Act
of 1997'' and inserted in lieu thereof ``by May 17, 1998''.
\178\ Sec. 5(3) of Public Law 99-209 (99 Stat. 1717) added the
final two sentences of sec. 1416.
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investigation of accident or injury giving rise to claim
Sec. 1417.\179\ Notwithstanding any other provision of law,
a claim may not be considered under this subchapter, or an
action for damages lie thereon, unless, prior to the departure
from the Panama Canal of the vessel involved--
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\179\ 22 U.S.C. 3777.
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(1) \180\ an investigation of the accident or injury
giving rise to the claim has been completed, which
shall include a hearing by the Board of Local
Inspectors of the Commission; and
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\180\ Sec. 3544 of Public Law 104-201 (110 Stat. 2867) amended and
restated para. (1).
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(2) the basis for the claim has been laid before the
Commission.
board of local inspectors
Sec. 1418.\181\ (a) The President shall provide for the
establishment of a Board of Local Inspectors of the Panama
Canal Commission which shall perform, in accordance with
regulations prescribed by the President--
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\181\ 22 U.S.C. 3778.
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(1) the investigations required by section 1417 of
this Act; and
(2) such other duties with respect to marine matters
as may be assigned by the President.
(b) In conducting any investigation pursuant to subsection
(a) of this section, the Board of Local Inspectors established
pursuant to such subsection may summon witnesses, administer
oaths, and require the production of books and papers necessary
for such investigation.
insurance
Sec. 1419.\182\ (a) \183\ The Commission is authorized to
purchase insurance to protect the Commission against major and
unpredictable revenue losses or expenses arising from
catastrophic marine accidents or other unpredictable
events.\184\
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\182\ 22 U.S.C. 3779. Sec. 6(a) of Public Law 99-209 (99 Stat.
1717) added sec. 1419.
\183\ Sec. 3509(b) of Public Law 105-261 (112 Stat. 2270) added
subsection designation ``(a)'' and added subsec. (b).
\184\ Sec. 5414 of the Omnibus Budget Reconciliation Act of 1987
(Public Law 100-203; 101 Stat. 1330-270) added the words ``or other
unpredictable events''.
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(b) \183\ (1) The Commission may by regulation require as a
condition of transit through the Panama Canal or presence in
the Panama Canal or waters adjacent thereto that any potential
claimant under section 1411 or 1412 of this Act be covered by
insurance against the types of injuries described in those
sections. The amount of insurance so required shall be
specified in those regulations, but may not exceed $1,000,000.
(2) In a claim under section 1411 or 1412 of this Act for
which the Commission has required insurance under this
subsection, the Commission's liability shall be limited to the
amount of damages in excess of the amount of insurance required
by the Commission.
(3) In regulations under this subsection, the Commission
may prohibit consideration or payment by it of claims presented
by or on behalf of an insurer or subrogee of a claimant in a
case for which the Commission has required insurance under this
subsection.
Chapter 5--Public Property
assets and liabilities of panama canal company
Sec. 1501.\185\ All property and other assets of the Panama
Canal Company shall revert to the United States on the
effective date of this Act, and, except as otherwise provided
by law, the United States shall assume the liabilities,
including contractual obligations, of the Panama Canal Company
then outstanding. The Commission may use such property,
facilities, and records of the Panama Canal Company as are
necessary to carry out its functions.
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\185\ 22 U.S.C. 3781.
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transfers and cross-servicing between agencies
Sec. 1502.\186\ (a) In the interest of economy and maximum
efficiency in the utilization of property and facilities of the
United States, there are authorized to be transferred between
departments and agencies of the United States, with or without
reimbursement, such facilities, buildings, structures,
improvement, stock, and equipment located in the Republic of
Panama, and used for their activities therein, as may be
mutually agreed upon by the departments and agencies involved
and approved by the President of the United States or his
designee.
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\186\ 22 U.S.C. 3782.
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(b) The Commission may enter into cross-serving agreements
with any other department or agency of the United States for
the use of facilities, furnishing of services, or performance
of functions.
(c) The Commission, any department or agency of the United
States, or any United States court in the Republic of Panama is
authorized to transfer to the Government of the Republic of
Panama any record of such Commission, department, agency, or
court, or copy thereof, including any record acquired from the
Canal Zone Government or Panama Canal Company (including any
vital statistics record), to any other department, agency, or
court of the United States if such action is determined by the
Commission, the head of the department or agency concerned, or
the judge of the court concerned to be in the interest of the
United States. Transfer of any record or copy thereof under
this section to the Government of the Republic of Panama shall
be made under the coordination of and with the approval of the
United States Ambassador to the Republic of Panama.
(d) The provisions of this section shall apply to the
Smithsonian Institution.
disposition of property of the united states
Sec. 1503.\187\ No property of the United States located in
the Republic of Panama may be disposed of except pursuant to
law enacted by the Congress.
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\187\ 22 U.S.C. 3783.
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transfer of property to panama
Sec. 1504.\188\ (a)(1) On the date on which the Panama
Canal Treaty of 1977 enters into force, the Secretary of State
may convey to the Republic of Panama the Panama Railroad and
such property located in the area which, immediately before
such date, comprised the Canal Zone and which is not within the
land and water areas the use of which is made available to the
United States pursuant to the Panama Canal Treaty of 1977 and
related agreements.
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\188\ 22 U.S.C. 3784.
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(2) Property transferred pursuant to paragraph (1) of this
subsection may not include buildings and other facilities,
except housing, located outside such areas, the use of which is
retained by the United States pursuant to the Panama Canal
Treaty of 1977 and related agreements.
(b) With respect to the transfer of all other property (not
described in subsection (a)(1) of this section) to be
transferred in accordance with the terms of the Panama Canal
Treaty of 1977 and related agreements, the Secretary of State
may convey such property from time to time in accordance with
the terms of such Treaty and related agreements. Before \189\
the transfer of any such property, the President must submit a
written report to the Congress--
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\189\ Sec. 7 of Public Law 99-223 (99 Stat. 1740) struck out ``At
least 180 days before'' and inserted in lieu thereof ``Before''.
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(1) precisely identifying and describing the
particular property to be transferred;
(2) certifying the state of compliance by the
Republic of Panama with such Treaty and related
agreements; and
(3) setting forth the reasons for the conveyance
being made at the particular time.
(c) The Panama Canal, and such other property referred to
in paragraph 2(d) of Article XIII of the Panama Canal Treaty of
1977 that has not been previously transferred in accordance
with paragraphs 2(a), 2(b), and 2(c) of such Article, shall not
be transferred to the Republic of Panama prior to December 31,
1999.
Chapter 6--Tolls for Use of the Panama Canal
prescription of measurement rules and rates of tolls
Sec. 1601.\190\ The Commission may, subject to the
provisions of this Act, prescribe and from time to time
change--
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\190\ 22 U.S.C. 3791. Sec. 3527 of Public Law 104-106 (110 Stat.
641) amended and restated sec. 1601, which formerly read as follows:
``Sec. 1601. (a) The President is authorized, subject to the
provisions of this chapter, to prescribe and from time to time change--
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``(1) the rules for the measurement of vessels for the Panama Canal; and
``(2) the tolls that shall be levied for the use of the Canal.
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``(b) Such rules of measurement and tolls prevailing on the
effective date of this Act shall continue in effect until changed as
provided in this chapter.''.
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(1) the rules for the measurement of vessels for the
Panama Canal; and
(2) the tolls that shall be levied for use of the
Panama Canal.
bases of tolls
Sec. 1602.\191\ (a) Tolls on merchant vessels, army and
navy transports, colliers, tankers, hospital ships, and supply
ships \192\ shall be based on net vessel tons of one hundred
cubic feet each of actual earning capacity, or its
equivalent,\193\ determined in accordance with the rules for
the measurement of vessels for the Panama Canal, and tolls on
other floating craft shall be based on displacement tonnage.
The tolls on vessels in ballast without passengers or cargo may
be less than the tolls for vessels with passengers or cargo.
Tolls for small vessels (including yachts), as defined by the
Commission, may be set at rates determined by the Commission
without regard to the preceding provisions of this
subsection.\194\
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\191\ 22 U.S.C. 3792.
\192\ Sec. 3544(1) of the Panama Canal Transition Facilitation Act
of 1997 (subtitle B of title XXXV of Public Law 105-85; 111 Stat. 2072)
struck out ``supply ships, and yachts'' and inserted in lieu thereof
``and supply ships''.
\193\ Sec. 3513 of Public Law 102-484 (106 Stat. 2657) inserted ``,
or its equivalent,'' at this point.
\194\ Sec. 3544(2) of Public Law 105-85 (111 Stat. 2072) added this
sentence.
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(b) Tolls shall be prescribed at rates calculated to
produce revenues to cover as nearly as practicable all costs of
maintaining and operating the Panama Canal (including costs
authorized to be paid from the Panama Canal Dissolution Fund
under section 1305(c)),\195\ together with the facilities and
appurtenances related thereto, including unrecovered costs
incurred on or after the effective date of this Act, interest,
depreciation, working capital,\196\ payments to the Republic of
Panama pursuant to paragraph 5 of Article III and paragraph 4
(a) and (b) of Article XIII of the Panama Canal Treaty of 1977,
and capital for plant replacement, expansion, and improvements.
Tolls shall not be prescribed at rates calculated to produce
revenues sufficient to cover payments to the Republic of Panama
pursuant to paragraph 4(c) of Article XIII of the Panama Canal
Treaty of 1977.
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\195\ Sec. 3521(b)(2) of Public Law 102-484 (106 Stat. 2657) struck
out ``Panama Canal,'' and inserted in lieu thereof ``Panama Canal
(including costs authorized to be paid from the Panama Canal
Dissolution Fund under section 1305(c)),''.
\196\ Sec. 5427 of Public Law 100-203 (101 Stat. 1330-274) added
``working capital,''.
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(c) Vessels operated by the United States, including
vessels of war and auxiliary vessels, and ocean-going training
ships owned by the United States and operated by State nautical
schools, shall pay tolls.
(d) The levy of tolls is subject to the provisions of
section 1 of Article III of the treaty between the United
States of America and Great Britain signed November 18, 1901,
of Article I of the treaty between the United States of America
and the Republic of Colombia signed April 6, 1914, and of
Articles II, III, and VI of the Treaty Concerning Permanent
Neutrality and Operation of the Panama Canal, between the
United States of America and the Republic of Panama, signed
September 7, 1977.
calculation of interest
Sec. 1603.\197\ (a) For purposes of sections 1311 and 1602
of this Act, interest shall be computed, at the rate determined
by the Secretary of the Treasury, on the investment of the
United States in the Panama Canal as shown in the accounts of
the Panama Canal Company at the close of business on the day
preceding the effective date of this Act, and as adjusted in
accordance with subsections (b) and (c) of this section.
Capital investment for interest purposes shall not include any
interest during construction.
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\197\ 22 U.S.C. 3793.
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(b) The investment of the United States described in
subsection (a) of this section--
(1) shall be increased by--
(A) the amount of expenditures from the
Panama Canal Revolving Fund \198\, and
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\198\ Sec. 5425 of title V of Public Law 100-203 (101 Stat. 1330-
274) struck out ``appropriations to the Commission made on or after the
effective date of this Act'' and inserted in lieu thereof ``Panama
Canal Revolving Fund''.
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(B) the value of property transferred to the
Commission by any other department or agency of
the United States, as determined in accordance
with subsection (c) of this section; and
(2) shall be decreased by--
(A) the amount of the funds deposited in the
Panama Canal Revolving Fund,\199\
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\199\ Sec. 5425 of Public Law 100-203 (101 Stat. 1330-274) struck
out ``covered into the Panama Canal Commission Fund pursuant to section
1302 of this Act'' and inserted in lieu thereof ``deposited in the
Panama Canal Revolving Fund''. Previously, sec. 2 of Public Law 99-195
(99 Stat. 1349) had struck out ``Treasury'' and inserted in lieu
thereof ``Panama Canal Commission Fund''.
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(B) the value of property transferred to the
Republic of Panama pursuant to this or any
other Act on or after the date on which the
Panama Canal Treaty of 1977 enters into force,
and
(C) the value of property transferred by the
Commission to any other department or agency of
the United States.
(c) The value of property transferred to the Commission by
any other department or agency of the United States shall be
determined by the Director of the Office of Management and
Budget. In computing such value, such Director shall give due
consideration to the cost and probable earning power of the
transferred property, or the usable value to the Commission if
clearly less than cost, and shall make adequate provisions for
depreciation, obsolescence, and other determinable decreases in
value. Insofar as practicable, the value of such transferred
property shall exclude any portion of such value properly
allocable to national defense.
(d) \200\ The Panama Canal Commission shall pay to the
Treasury of the United States interest on the investment of the
United States, as determined under this section. Such interest
shall be deposited in the general fund of the Treasury.
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\200\ Sec. 5425(a)(3) of Public Law 100-203 (101 Stat. 1330-274)
added subsec. (d).
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procedures
Sec. 1604.\201\ (a) The Commission shall publish in the
Federal Register notice of any proposed change in the rules of
measurement or rates of tolls referred to in section 1601 \202\
of this Act. The Commission shall give interested parties an
opportunity to participate in the proceedings through
submission of written data, views, or arguments, and
participation in a public hearing to be held not less than 30
days after the date of publication of the notice. The notice
shall include the substance of the proposed change and a
statement of the time, place, and nature of the proceedings. At
the time of publication of such notice, the Commission shall
make available to the public an analysis showing the basis and
justification for the proposed change, which, in the case of a
change in rates of tolls, shall indicate the conformity of the
existing and proposed rates of tolls with the requirements of
section 1602 of this Act, and the Commission's adherence to the
requirement for full consideration of the following factors set
forth in Understanding (1) incorporated in the Resolution of
Ratification of the Treaty Concerning the Permanent Neutrality
and Operation of the Panama Canal (adopted by the United States
Senate on March 16, 1978):
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\201\ 22 U.S.C. 3794.
\202\ Sec. 3528(1) of Public Law 104-106 (110 Stat. 641) struck out
``1601(a)'' and inserted in lieu thereof ``1601''.
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(1) the costs of operating and maintaining the Panama
Canal;
(2) the competitive position of the use of the Canal
in relation to other means of transportation;
(3) the interests of the United States and the
Republic of Panama in maintaining their domestic
fleets;
(4) the impact of such a change in rates of tolls on
the various geographical areas of each of the two
countries; and
(5) the interests of both countries in maximizing
their international commerce.
(b) After consideration of the relevant matter presented,
the Commission may revise the proposed rules of measurement or
rates of tolls, as the case may be, except that, in the case of
rates of tolls, if such revision proposes rates greater than
those originally proposed, a new analysis of the proposed rates
shall be made available to the public, and a new notice of the
revised proposal shall be published in the Federal Register
apprising interested persons of the opportunity to participate
further in the proceedings through submission of written data,
views, or arguments, and participation in a public hearing to
be held not less than 30 days after the date of publication of
the new notice. The procedure set forth in this subsection
shall be followed for any subsequent revision of the proposed
rates of tolls by the Commission which proposes rates higher
than those in the preceding proposal.
(c) \203\ After the proceedings have been conducted
pursuant to subsections (a) and (b), the Commission may change
the rules of measurement or rates of tolls, as the case may be.
The Commission shall publish notice of any such change in the
Federal Register not less than 30 days before the effective
date of the change.
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\203\ Sec. 3528(2) of Public Law 104-106 (110 Stat. 641) amended
and restated subsec. (c).
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(d) \204\ Action to change the rules of measurement for the
Panama Canal or the rates of tolls for the use of the Canal
pursuant to this chapter shall be subject to judicial review in
accordance with chapter 7 of title 5, United States Code.
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\204\ Sec. 3528(3) of Public Law 104-106 (110 Stat. 641) struck out
subsecs. (d) and (e), and redesignated subsec. (f) as subsec. (d).
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Sec. 1605.\205\ * * * [Repealed--1996]
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\205\ Formerly at 22 U.S.C. 3795. Sec. 3546(a)(1) of Public Law
104-201 (110 Stat. 2867) repealed sec. 1605, relating to interim toll
adjustment.
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Chapter 7--General Regulations
Sec. 1701.\206\ * * * [Repealed--1996]
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\206\ Formerly at 22 U.S.C. 3801. Sec. 3546(a)(2) of Public Law
104-201 (110 Stat. 2867) repealed sec. 1701, relating to the authority
of the President to prescribe certain regulations.
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Sec. 1702.\207\ * * * [Repealed--1996]
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\207\ Formerly at 22 U.S.C. 3802. Sec. 3546(a)(3) of Public Law
104-201 (110 Stat. 2867) repealed sec. 1702, relating to the authority
of the Panama Canal Commission to prescribe certain regulations.
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Chapter 8--Shipping and Navigation
Subchapter I--Operation of Canal
operating regulations
Sec. 1801.\208\ The Commission \209\ may prescribe, and
from time to time amend, regulations governing--
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\208\ 22 U.S.C. 3811.
\209\ Sec. 3545 of Public Law 104-201 (110 Stat. 2867) struck out
``President'' and inserted in lieu thereof ``Commission''.
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(1) the operation of the Panama Canal;
(2) the navigation of the harbors and other waters of
the Panama Canal and areas adjacent thereto, including
the ports of Balboa and Cristobal;
(3) the passage and control of vessels through the
Panama Canal or any part thereof, including the locks
and approaches thereto;
(4) pilotage in the Panama Canal or the approaches
thereto through the adjacent waters; and
(5) the licensing of officers or other operators of
vessels navigating the waters of the Panama Canal and
areas adjacent thereto, including the ports of Balboa
and Cristobal.
Subchapter II--Inspection of Vessels
vessels subject to inspection
Sec. 1811.\210\ With the exception of private vessels
merely transiting the Panama Canal, and of public vessels of
all nations, vessels navigating the waters of the Panama Canal
shall be subject to an annual inspection of hulls, boilers,
machinery, equipment, and passenger accommodations.
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\210\ 22 U.S.C. 3821.
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foreign vessels
Sec. 1812.\211\ With respect to a foreign vessel of a
country which has inspection laws approximating those of the
United States, any such vessel having an unexpired certificate
of inspection duly issued by the authorities of such country
shall not be subject to an inspection other than that necessary
to determine whether the vessel, its boilers, and its
lifesaving equipment are as stated in the certificate of
inspection. A certificate of inspection may not be accepted as
evidence of lawful inspection under this section unless similar
privileges are granted to vessels of the United States under
the laws of the country to which the vessel belongs.
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\211\ 22 U.S.C. 3822.
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regulations governing inspection
Sec. 1813.\212\ The Commission shall prescribe, and from
time to time may amend, regulations concerning the inspection
of vessels conforming as nearly as practicable to the laws and
regulations governing marine inspection by the United States
Coast Guard.
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\212\ 22 U.S.C. 3823.
\213\ Sec. 3546(a)(4) of Public Law 104-201 (110 Stat. 2868)
repealed title II, relating to the Treaty transition period. Sec.
3546(a)(4) refers to this title as including 22 U.S.C. 3841-3852. Title
II, in fact, also included 22 U.S.C. 3831, relating to laws,
regulations, and administrative authority continued in force during the
transition.
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TITLE II--TREATY TRANSITION PERIOD * * * [Repealed--1996] \213\
TITLE III--GENERAL PROVISIONS
Chapter 1--Procurement \214\
Sec. 3101.\215\ (a) Panama Canal Acquisition Regulation.--
(1) The Commission shall establish by regulation a
comprehensive procurement system. The regulation shall be known
as the ``Panama Canal Acquisition Regulation'' (in this section
referred to as the ``Regulation'') and shall provide for the
procurement of goods and services by the Commission in a manner
that--
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\214\ Sec. 3541 of Public Law 105-85 (111 Stat. 2070) inserted a
new chapter 1. Previously, sec. 3546(a)(5) of Public Law 104-201 (110
Stat. 2868) repealed a former chapter 1 of Title III, relating to
disinterment, transportation, and reinterment of remains.
\215\ 22 U.S.C. 3861.
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(A) applies the fundamental operating principles and
procedures in the Federal Acquisition Regulation;
(B) uses efficient commercial standards of practice;
and
(C) is suitable for adoption and uninterrupted use by
the Republic of Panama after the Canal Transfer Date.
(2) The Regulation shall contain provisions regarding the
establishment of the Panama Canal Board of Contract Appeals
described in section 3102.
(b) Supplement to Regulation.--The Commission shall develop
a Supplement to the Regulation (in this section referred to as
the `Supplement') that identifies both the provisions of
Federal law applicable to procurement of goods and services by
the Commission and the provisions of Federal law waived by the
Commission under subsection (c).
(c) Waiver Authority.--(1) Subject to paragraph (2), the
Commission shall determine which provisions of Federal law
should not apply to procurement by the Commission and may waive
those laws for purposes of the Regulation and Supplement.
(2) For purposes of paragraph (1), the Commission may not
waive--
(A) section 27 of the Office of Federal Procurement
Policy Act (41 U.S.C. 423);
(B) the Contract Disputes Act of 1978 (41 U.S.C. 601
et seq.), other than section 10(a) of such Act (41
U.S.C. 609(a)); or
(C) civil rights, environmental, or labor laws.
(d) Consultation With Administrator for Federal Procurement
Policy.--In establishing the Regulation and developing the
Supplement, the Commission shall consult with the Administrator
for Federal Procurement Policy.
(e) Effective Date.--The Regulation and the Supplement
shall take effect on the date of publication in the Federal
Register, or January 1, 1999, whichever is earlier.
panama canal board of contract appeals
Sec. 3102.\216\ (a) Establishment.--(1) The Secretary of
Defense, in consultation with the Commission, may \217\
establish a board of contract appeals, to be known as the
Panama Canal Board of Contract Appeals, in accordance with
section 8 of the Contract Disputes Act of 1978 (41 U.S.C. 607).
Except as otherwise provided by this section, the Panama Canal
Board of Contract Appeals (in this section referred to as the
``Board'') shall be subject to the Contract Disputes Act of
1978 (41 U.S.C. 601 et seq.) in the same manner as any other
agency board of contract appeals established under that Act.
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\216\ 22 U.S.C. 3862.
\217\ Sec. 3510(a)(1) of the Panama Canal Commission Authorization
Act for Fiscal Year 1999 (title XXXV of Public Law 105-261; 112 Stat.
2270) struck out ``shall'' and inserted in lieu thereof ``may''.
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(2) The Board shall consist of three members. At least one
member of the Board shall be licensed to practice law in the
Republic of Panama. Individuals appointed to the Board shall
take an oath of office, the form of which shall be prescribed
by the Secretary of Defense.
(3) \218\ Compensation for members of the Board of Contract
Appeals shall be established by the Commission's supervisory
board. The annual compensation established for members may not
exceed the rate of basic pay established for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code. The compensation of a member may not be reduced during
the member's term of office from the level established at the
time of the appointment of the member.
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\218\ Sec. 3510(a)(2) of Public Law 105-261 (112 Stat. 2270) added
para. (3).
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(b) Exclusive Jurisdiction To Decide Appeals.--
Notwithstanding section 10(a)(1) of the Contract Disputes Act
of 1978 (41 U.S.C. 609(a)(1)) or any other provision of law,
the Board shall have exclusive jurisdiction to decide an appeal
from a decision of a contracting officer under section 8(d) of
such Act (41 U.S.C. 607(d)).
(c) Exclusive Jurisdiction To Decide Protests.--The Board
shall decide protests submitted to it under this subsection by
interested parties in accordance with subchapter V of title 31,
United States Code. Notwithstanding section 3556 of that title,
section 1491(b) of title 28, United States Code, and any other
provision of law, the Board shall have exclusive jurisdiction
to decide such protests. For purposes of this subsection--
(1) except as provided in paragraph (2), each
reference to the Comptroller General in sections 3551
through 3555 of title 31, United States Code, is deemed
to be a reference to the Board;
(2) the reference to the Comptroller General in
section 3553(d)(3)(C)(ii) of such title is deemed to be
a reference to both the Board and the Comptroller
General;
(3) the report required by paragraph (1) of section
3554(e) of such title shall be submitted to the
Comptroller General as well as the committees listed in
such paragraph;
(4) the report required by paragraph (2) of such
section shall be submitted to the Comptroller General
as well as Congress; and
(5) section 3556 of such title shall not apply to the
Board, but nothing in this subsection shall affect the
right of an interested party to file a protest with the
appropriate contracting officer.
(d) Procedures.--The Board shall prescribe such procedures
as may be necessary for the expeditious decision of appeals and
protests under subsections (b) and (c).
(e) Commencement.--The Board shall begin to function as
soon as it has been established and has prescribed procedures
under subsection (d).\219\
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\219\ Sec. 3510(b) of Public Law 105-261 (112 Stat. 2270) struck
out ``, but not later than January 1, 1999''.
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(f) Transition.--The Board shall have jurisdiction under
subsections (b) and (c) over any appeals and protests filed on
or after the date on which the Board begins to function. Any
appeals and protests filed before such date shall remain before
the forum in which they were filed.
(g) Other Functions.--The Board may perform functions
similar to those described in this section for such other
matters or activities of the Commission as the Commission may
determine and in accordance with regulations prescribed by the
Commission.
Chapter 2--Immigration
special immigrants
Sec. 3201.\220\ * * *
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\220\ Former subsecs. (a) and (b) of sec. 3201 amended several
sections of the Immigration and Nationality Act. Sec. 212(a) of Public
Law 103-416 (108 Stat. 4314) repealed subsec. (c) of sec. 3201, which
formerly read as follows:
``(c) Notwithstanding any other provision of law, not more than
15,000 individuals may be admitted to the United States as special
immigrants under subparagraphs (E), (F), or (G) of section 101(a)(27)
of the Immigration and Nationality Act, as added by subsection (a) of
this section, of which not more than 5,000 may be admitted in any
fiscal year.''.
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Chapter 3--Reports, Amendments; Repeals and Redesignation; Effective
Date
report
Sec. 3301.\221\ Until the termination of the Panama Canal
Treaty of 1977, the President shall report annually on the
status of the exercise of the rights and responsibilities of
the United States under that Treaty. Such report shall include
a discussion of the following:
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\221\ 22 U.S.C. 3871.
---------------------------------------------------------------------------
(1) The actions taken by the Government of the
Republic of Panama with respect to the living
conditions of persons who resided in the Canal Zone
before the effective date of this Act and who continue
to reside in those areas made available to the United
States under the Agreement in Implementation of Article
III of the Panama Canal Treaty.
(2) The terms, conditions, and charges for land-use
licenses within the canal operating areas specified in
the Agreement in Implementation of Article III of the
Panama Canal Treaty.
(3) The condition of former employees (and their
dependents) of the Panama Canal Company and the Canal
Zone Government who reside in the Republic of Panama on
or after the effective date of this Act.
exemption from metric conversion act of 1975
Sec. 3302.\222\ The Commission is exempt from the
provisions of the Metric Conversion Act of 1975 (15 U.S.C. 205a
et seq.).
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\222\ Sec. 3547 of Public Law 104-201 (110 Stat. 2868) amended and
restated sec. 3302. The former version of sec. 3302 had made amendments
in several provisions of law to conform with this Act.
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repeals and redesignation
Sec. 3303.\223\ * * *
---------------------------------------------------------------------------
\223\ Sec. 3303 repealed or redesignated several provisions of law
to conform with this Act.
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effective date
Sec. 3304. Except as provided in sections 1231, 1232, 1241,
1242, 1261, 1605, 2203, 2402, 3101, and 3201 of this Act, the
preceding provisions of this Act shall take effect on the date
on which the Panama Canal Treaty of 1977 enters into
force.\224\
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\224\ October 1, 1979.
b. Panama Canal Commission Compensation Fund Act of 1988
Partial text of Public Law 100-705 [H.R. 5287], 102 Stat. 4685,
approved November 19, 1988; as amended by Public Law 101-510 [National
Defense Authorization Act for Fiscal Year 1991; H.R. 4739], 104 Stat.
1485, approved November 5, 1990; and 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 establish the Panama Canal Commission Compensation Fund to
provide for the accumulation of funds to meet the Panama Canal
Commission's obligations under chapter 81 of title 5, United States
Code, 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 ``Panama Canal Commission
Compensation Fund Act of 1988''.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 3601 note.
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SEC. 2.\2\ ESTABLISHMENT OF COMPENSATION FUND.
There is established in the Treasury of the United States
the Panama Canal Commission Compensation Fund (hereafter in
this Act referred to as the ``Fund'').
---------------------------------------------------------------------------
\2\ 22 U.S.C. 3715.
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SEC. 3.\3\ OPERATION OF THE FUND.
(a) Deposits to the Fund.--The Panama Canal Commission
shall make deposits on a regular basis to the Fund, beginning
on October 1, 1988, to accumulate an amount sufficient to
defray the estimated total cost of liability for the workers'
compensation benefits and other payments payable under chapter
81 of title 5, United States Code, for the disability or death
of employees of the Panama Canal Commission or any of its
predecessor agencies on account of injuries sustained on or
before December 31, 1999, except for those claims arising
before, on, or after October 1, 1988, for which the Secretary
of Labor has assumed fiscal responsibility.
---------------------------------------------------------------------------
\3\ 22 U.S.C. 3715a.
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(b) Calculation of Amounts To Be Deposited.--The amounts
deposited under subsection (a) shall be based upon periodic
actuarial studies conducted by experts or consultants whose
services are procured by the Panama Canal Commission by
contract. The amounts of such deposits shall take into
consideration interest earnings in accordance with subsection
(c) of this section and expected cost-of-living adjustments as
provided in section 8146a of title 5, United States Code, but
not amounts payable by the Commission for continuation of pay
pursuant to section 8118 of such title.
(c) Investment of Amounts in the Fund.--The Secretary of
the Treasury, upon the request of the Secretary of Labor, shall
invest moneys in the Fund in public debt securities which shall
bear interest at rates determined by the Secretary of the
Treasury, taking into consideration the current average market
yield on outstanding marketable obligations of the United
States of comparable maturity. Such interest shall be credited
to and form part of the Fund.
SEC. 4.\4\ TRANSFERS FROM THE FUND FOR COMPENSATION BENEFITS.
The Secretary of the Treasury shall, upon request of the
Secretary of Labor, transfer funds from the Fund to the
Employees' Compensation Fund to reimburse the Employees'
Compensation Fund for the total cost of workers' compensation
benefits and other payments described in section 3(a) that are
provided on or after October 1, 1988.
---------------------------------------------------------------------------
\4\ 22 U.S.C. 3715b.
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SEC. 5.\5\ FINAL EVALUATION OF THE FUND; DEFICIENCY OR SURPLUS IN THE
FUND.
(a) Final Evaluation of the Fund.--By March 31, 1998, the
Secretary of Labor \6\ shall, on the basis of an actuarial
study conducted by experts or consultants whose services are
procured by the Secretary of Labor by contract, make a final
determination of the amounts estimated to be necessary to meet
expenditures for workers' compensation benefits and other
payments described in section 3(a), as calculated in accordance
with the second sentence of section 3(b). Amounts in the Fund
shall be used to pay for the final determination under this
subsection.\7\
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\5\ 22 U.S.C. 3715c.
\6\ Sec. 3507(1) of Public Law 101-510 (104 Stat. 1847) struck out
``Upon the termination of the Panama Canal Commission:'' preceding
subsec. (a). In subsec. (a), sec. 3507(2)(A) of that Act struck out
``The Secretary of Labor'' and inserted in lieu thereof ``Upon the
termination of the Panama Canal Commission, the Secretary of Labor''.
Subsequently, sec. 3545 of Public Law 105-85 (111 Stat. 2072) struck
out ``Upon the termination of the Panama Canal Commission'' and
inserted in lieu thereof ``By March 31, 1998''.
\7\ Sec. 3507(2)(B) of Public Law 101-510 (104 Stat. 1847) struck
out ``The Secretary of the Treasury shall, in accordance with such
final determination, transfer from the Fund to the Employee
Compensation Fund amounts sufficient to meet expenditures for workers'
compensation benefits and other payments described in section 3(a).''.
---------------------------------------------------------------------------
(b) Deficiency or Surplus in the Fund.--If amounts in the
Fund are not sufficient to meet expenditures as determined by
the Secretary of Labor under subsection (a) \8\ for workers'
compensation benefits and other payments described in section
3(a), then amounts in the Panama Canal Revolving Fund not
otherwise obligated shall be transferred to the Fund \9\ to
make up the deficiency. Any amounts remaining in the Fund in
excess of the final determination amount as described in
subsection (a) shall be transferred to the Panama Canal
Revolving Fund, and may be used to satisfy lawful obligations
of the Revolving Fund arising on or before December 31, 1999.
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\8\ Sec. 3507(3)(A) of Public Law 101-510 (104 Stat. 1847) inserted
``under subsection (a)''.
\9\ Sec. 3507(3)(B) of Public Law 101-510 (104 Stat. 1847) struck
out ``Employees Compensation'' before ``Fund''.
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(c) \10\ Continuity of the Fund.--(1) Amounts in the Fund
(including amounts transferred as a result of the final
determination made under subsection (a)) shall be maintained by
the Secretary of the Treasury, shall be made available for
transfer to the Employees' Compensation Fund in such amounts as
are requested by the Secretary of Labor pursuant to section 4,
and may be discontinued only in accordance with paragraph (2).
---------------------------------------------------------------------------
\10\ Sec. 3507(4) of Public Law 101-510 (104 Stat. 1847) added
subsec. (c).
---------------------------------------------------------------------------
(2) At such time as the Secretary of Labor certifies that
no further liability exists for workers compensation benefits
or other payments described in section 3(a), the Secretary of
the Treasury may discontinue the Fund in the manner provided by
law.
SEC. 6.\11\ CONTINUATION OF BENEFITS.
The provisions of chapter 81 of title 5, United States
Code, shall, on or after the effective date of this Act,
continue to be the exclusive remedy, in accordance with section
8116 of such title, for the disability or death of any employee
of the Panama Canal Commission, or any of its predecessor
agencies, who is covered under such chapter, resulting from
injuries sustained while in the performance of the employee's
duty. The rights of any such employee for workers' compensation
benefits shall be based only on the provisions of the chapter.
---------------------------------------------------------------------------
\11\ 22 U.S.C. 3715d.
\12\ Secs. 7 through 9 amended the Panama Canal Act of 1979.
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SEC. 7.\12\ * * *
SEC. 8.\12\ * * *
SEC. 9.\12\ * * *
SEC. 10. EFFECTIVE DATE.
This Act takes effect on October 1, 1988.
c. Panama Canal--Report to Congress
Partial text of Public Law 100-203 [Omnibus Budget Reconciliation Act
of 1987; H.R. 3545], 101 Stat. 1330 at 1330-271, approved December 22,
1987
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
TITLE V--ENERGY AND ENVIRONMENTAL PROGRAMS
* * * * * * *
Subtitle E--Panama Canal
* * * * * * *
PART 1--PANAMA CANAL REAUTHORIZATION
* * * * * * *
Sec. 5418. Report to Congress.
Out of the funds authorized to be appropriated by this
part, the Commission \1\ shall prepare and submit to the
Congress a report on--
---------------------------------------------------------------------------
\1\ The Panama Canal Commission.
---------------------------------------------------------------------------
(1) the condition of the Panama Canal and potential
adverse effects on United States shipping and commerce;
(2) the effect on canal operations of the military
forces under General Noriega; and
(3) the Commission's evaluation of the effect on
canal operations if the Panamanian Government continues
to withhold its consent to major factors in the United
States Senate's ratification of the Panama Canal
Treaties.
* * * * * * *
d. Delegation of Panama Canal Functions
Executive Order 12215, May 27, 1980, 45 F.R. 36043, 22 U.S.C. 3601
note; as amended by Executive Order 12652, September 19, 1988, 53 F.R.
36775
By the authority vested in me as President of the United
States of America by the Panama Canal Code (76A Stat. 1), as
amended, by the Panama Canal Act of 1979 (93 Stat. 452; 22
U.S.C. 3601 et seq.), and by Section 301 of Title 3 of the
United States Code, it is hereby ordered as follows:
1-1. The Secretary of Defense.
1-101. The Secretary of Defense shall develop for the
President's consideration an appropriate legislative proposal
as required by Section 3(d) of the Panama Canal Act of 1979 (93
Stat. 456; 22 U.S.C. 3602(d)). The Secretary of Defense shall
coordinate development of this proposal with the Secretary of
State and the heads of other interested Executive agencies.
1-102. The function vested in the President by Section
1212(d)(1) of the Panama Canal Act of 1979 (93 Stat. 464; 22
U.S.C. 3652(d)(1)) to exclude employees of, or positions
within, the Department of Defense from coverage under any
provision of subchapter II, Chapter 2 of Title I of the Panama
Canal Act of 1979, is delegated to the Secretary of Defense.
1-103. The function vested in the President by Section
1281(b) of Title 6 of the Panama Canal Code (76A Stat. 455; 6
P.C.C. 1281(b)), as amended, with respect to areas and
installations made available to the United States pursuant to
the Agreement in Implementation of Article IV of the Panama
Canal Treaty of 1977 is delegated to the Secretary of Defense.
1-104. The function vested in the President by Section 1701
of the Panama Canal Act of 1979 (93 Stat. 492; 22 U.S.C. 3801),
with respect to regulations applicable within the areas and
installations made available to the United States pursuant to
the Agreement in Implementation of Article IV of the Panama
Canal Treaty of 1977, is delegated to the Secretary of Defense.
1-105. The functions vested in the President by Sections
1243(c)(1) and 2401 of the Panama Canal Act of 1979 (93 Stat.
474 and 495; 22 U.S.C. 3681(c)(1) and 3851) are delegated to
the Secretary of Defense.
1-106. The functions vested in the President by Section
1502(a) of the Panama Canal Act of 1979 (93 Stat. 488; 22
U.S.C. 3782(a)) are delegated to the Secretary of Defense.
1-2. Coordination of Pay and Employment Practices.
1-201. In order to coordinate the policies and activities
of agencies under subchapter II of Chapter 2 of Title I of the
Panama Canal Act of 1979 (93 Stat. 463; 22 U.S.C. 3651 et
seq.), each agency shall periodically consult with the
Secretary of Defense with respect to the establishment of rates
of pay, in order to develop compatible or unified systems of
basic pay. In addition, each agency shall consult with the
Secretary of Defense on such other matters as the Secretary may
deem appropriate in order to develop compatible or unified
employment practices.
1-202. The head of each agency shall, upon approval by the
Secretary of Defense, adopt a schedule of basic pay pursuant to
Section 1215 of the Panama Canal Act of 1979 (93 Stat. 465; 22
U.S.C. 3655) and adopt regulations governing other matters
relating to pay and employment practices.
1-203. The authority vested in the President by Section
1223(a) of the Panama Canal Act of 1979 to coordinate the
policies and activities of agencies (93 Stat. 467; 22 U.S.C.
3663(a)) is delegated to the Secretary of Defense. The
Secretary shall exercise such functions in a manner which is in
accord with the provisions of Sections 1-201 and 1-202 of this
Order.
1-3. Panama Canal Commission.
1-301. The functions vested in the President and delegated
to the Secretary of Defense in this Section 1-3 of this Order
shall be carried out by the Secretary of Defense, who shall, in
carrying out the said functions, provide, by redelegation or
otherwise, for their performance, in a manner consistent with
paragraph 3 of Article III of the Panama Canal Treaty of 1977,
by the Panama Canal Commission.
1-302. The authority of the President under Section 1104 of
the Panama Canal Act of 1979 (93 Stat. 457; 22 U.S.C. 3614) to
fix the compensation of and to define the authorities and
duties of the Deputy Administrator and the Chief Engineer is
delegated to the Secretary of Defense.
1-303. The functions vested in the President by Sections
1418, 1801, and 2206 of the Panama Canal Act of 1979 (93 Stat.
487, 492, and 494; 22 U.S.C. 3778, and 3844) are delegated to
the Secretary of Defense.
1-304. The authority of the President under Section 1701 of
the Panama Canal Act of 1979 (93 Stat. 492; 22 U.S.C. 3801)
with respect to regulations applicable within the areas and
installations made available to the United States pursuant to
the Agreement in Implementation of Article III of the Panama
Canal Treaty of 1977 is delegated to the Secretary of Defense.
1-305. The function vested in the President by Section
1281(b) of Title 6 of the Panama Canal Code (76A Stat. 455; 6
P.C.C. 1281(b)), as amended, with respect to areas and
installations in the Republic of Panama made available to the
United States pursuant to the Agreement in Implementation of
Article III of the Panama Canal Treaty of 1977 is delegated to
the Secretary of Defense.
1-306. The function vested in the President by Sections 82
and 86 of Title 3 of the Panama Canal Code (76A Stat. 54 and
55; 3 P.C.C. 82 and 86), as amended, are delegated to the
Secretary of Defense.
1-307.\1\ * * * [Rescinded--1988]
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\1\ Sec. 1 of Executive Order 12652 of September 19, 1988 (53 F.R.
36775; September 22, 1988), rescinded sec. 1-307. It formerly read as
follows:
``1-307. The functions vested in the President by subsections (a),
(b) and (c) of Section 8146 of Title 5 of the United States Code, as
they apply to the employees of the Panama Canal Commission, are
delegated to the Secretary of Defense.''.
Executive Order 12652 also provided:
``Sec. 2. The transfer and other exercises of authority made
pursuant to Section 1-307 of Executive Order 12215 in Department of
Defense Memorandum, `Implementation of Executive Order 12215,
``Delegation of Panama Canal Functions'',' July 18, 1980, are
rescinded.
``Sec. 3. This Order shall be effective January 1, 1989.''.
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1-308. Except to the extent heretofore delegated, the
functions vested in the President pursuant to subchapter II of
Chapter 2 of Title I of the Panama Canal Act of 1979 (93 Stat.
463) are hereby delegated to the Secretary of Defense.
1-4. Other Agencies.
1-401. The functions vested in the President by Sections
1111 and 3301 of the Panama Canal Act of 1979 (93 Stat. 459 and
497; 22 U.S.C. 3621 and 3871), are delegated to the Secretary
of State. The Secretary shall perform these functions in
coordination with the Secretary of Defense.
1-402. The functions vested in the President by Sections
1112(d), 1344(b), and 1504(b) of the Panama Canal Act of 1979
(93 Stat. 460, 484, and 488; 22 U.S.C. 3622(d), 3754(b), and
3784(b)) are delegated to the Secretary of State.
1-403. The functions vested in the President by Section
1243(a)(1) of the Panama Canal Act of 1979 (93 Stat. 473; 22
U.S.C. 3681(a)(1)) are delegated to the Director of the Office
of Personnel Management.
1-404. Paragraphs (22) and (23) of Section 1 of Executive
Order No. 11609, as amended, and Executive Order No. 11713 are
revoked.
=======================================================================
H. UNITED NATIONS AND OTHER
INTERNATIONAL ORGANIZATIONS
CONTENTS
Page
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
a. International Organizations Immunities Act, as amended
(Public Law 79-291) (partial text)..................... 973
b. Extending Certain Privileges to Representatives of
Member States on the Council of the Organization of
American States (Public Law 82-486).................... 982
c. Extending Diplomatic Privileges to the Mission of the
Commission of the European Communities (Public Law 92-
499)................................................... 983
d. Extending Diplomatic Privileges to the Liaison Office of
the People's Republic of China (Public Law 93-22)...... 984
e. Extending Certain Privileges to the International
Development Law Institute (Public Law 102-511) (partial
text).................................................. 985
f. Extending Certain Privileges to Hong Kong Economic and
Trade Offices (Public Law 105-22)...................... 986
g. Extending Diplomatic Privileges to the Permanent
Observer Mission of the Holy See to the United Nations
(Public Law 109-472) (partial text).................... 987
h. Protection and Prevention of Crimes Against
Internationally Protected Persons (18 U.S.C.) (partial
text).................................................. 988
i. U.S. Secret Service..................................... 996
(1) Protection of Foreign Diplomatic Missions by the
U.S. Secret Service (18 U.S.C. 3056A) (partial
text).............................................. 996
(2) Transfer of Authority to the Secretary of State To
Make Reimbursements for Protection of Foreign
Missions to International Organizations (Executive
Order 12478)....................................... 998
j. Foreign Sovereign Immunities (28 U.S.C.) (partial text). 999
k. Diplomatic Relations Act (Public Law 95-393) (partial
text).................................................. 1011
l. Diplomatic Reciprocity.................................. 1014
(1) Equivalency of Representation Between the United
States and Hostile Powers (Public Law 98-618)
(partial text)..................................... 1014
(2) Soviet Employees on U.S. Diplomatic Premises
(Public Law 99-93) (partial text).................. 1016
13. Relating to International Agreements on Children............. 1017
a. Intercountry Adoption Act of 2000 (Public Law 106-279)
(partial text)......................................... 1017
b. Extradition Treaties Interpretation Act of 1998 (Public
Law 105-323) (partial text)............................ 1036
c. International Child Abduction Remedies Act (Public Law
100-300) (partial text)................................ 1037
d. Relating to the Implementation of the Convention on the
Civil Aspects of International Child Abduction
(Executive Order 12648)................................ 1045
e. Child Health Revolution (Public Law 98-198)............. 1046
=======================================================================
1. United Nations Participation Act of 1945, as amended \1\
Public Law 79-264 [S. 1580], 59 Stat. 619, approved December 20, 1945;
as amended by Public Law 81-216 [National Security Act Amendments of
1949, H.R. 5632], 63 Stat. 578, approved August 10, 1949; Public Law
81-341 [H.R. 4708], 63 Stat. 734, approved October 10, 1949; Public Law
86-707 [Overseas Differentials and Allowances Act, H.R. 7758], 74 Stat.
792, approved September 6, 1960; Public Law 89-206 [S. 1903], 79 Stat.
841, approved September 28, 1965; Public Law 93-126 [Department of
State Appropriations Authorization Act of 1973, H.R. 7645], 87 Stat.
451, approved October 18, 1973; Public Law 95-12 [H.R. 1746], 91 Stat.
22, approved March 18, 1977; Public Law 96-465 [Foreign Service Act of
1980, H.R. 6790], 94 Stat. 2071 at 2160, approved October 17, 1980;
Public Law 97-241 [Department of State Authorization Act, Fiscal Years
1982 and 1983; S. 1193], 96 Stat. 273 at 279 and 280, approved August
24, 1982; Public Law 98-164 [Department of State Authorization Act,
Fiscal Years 1984 and 1985; H.R. 2915], 97 Stat. 1017 at 1035, approved
November 22, 1983; Public Law 100-459 [Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropriations
Act, 1989; H.R. 4782], approved October 1, 1988; 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 106-113
[Admiral James W. Nance and Meg Donovan Foreign Relations Authorization
Act, Fiscal Years 2000 and 2001; H.R. 3427, enacted by reference], 113
Stat. 1536, approved November 29, 1999; Public Law 106-309
[Microenterprise for Self-Reliance and International Anti-Corruption
Act of 2000; H.R. 1143], 114 Stat. 1078, approved October 17, 2000; and
Public Law 107-228 [Foreign Relations Authorization Act, Fiscal Year
2003; H.R. 1646], 116 Stat. 1350, approved September 30, 2002
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\1\ See related legislation: Department of State Authorization Act,
Fiscal Year 2003, particularly sec. 113 and title IV; Department of
State and Related Agency Appropriations Act, 2002, particularly sec.
404; Admiral James W. Nance and Meg Donovan Foreign Relations
Authorization Act, Fiscal Years 2000 and 2001, especially title VII,
subtitle B; Foreign Relations Authorization Act, Fiscal Years 1994 and
1995, especially title IV, part A; Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993, secs. 161, 170, 174, 175, 192, 212, and
364; Foreign Relations Authorization Act, Fiscal Years 1990 and 1991,
secs. 406 through 408; Foreign Relations Authorization Act, Fiscal
Years 1988 and 1989, title VII and sec. 1211; Foreign Relations
Authorization Act, Fiscal Years 1986 and 1987, sec. 151; Department of
State Authorization Act, Fiscal Years 1984 and 1985, secs. 113 through
116, 118, and 119; Department of State Authorization Act, Fiscal Years
1982 and 1983, secs. 104, 108, and 109; Foreign Relations Authorization
Act, Fiscal Year 1979, secs. 103 and 609; Foreign Relations
Authorization Act, Fiscal Year 1978, sec. 503; and Foreign Relations
Authorization Act, Fiscal Year 1976, secs. 205 and 503.
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AN ACT To provide for the appointment of representatives of the United
States in the organs and agencies of the United Nations, and to make
other provision with respect to the participation of the United States
in such organization.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act may be cited as the ``United Nations Participation Act of
1945''.
Sec. 2. (a) \2\ The President, by and with the advice and
consent of the Senate, shall appoint a representative of the
United States to the United Nations who shall have the rank and
status of Ambassador Extraordinary and Plenipotentiary and
shall hold office at the pleasure of the President. Such
representative shall represent the United States in the
Security Council of the United Nations and may serve ex officio
as representative of the United States in any organ,
commission, or other body of the United Nations other than
specialized agencies of the United Nations, and shall perform
such other functions in connection with the participation of
the United States in the United Nations as the President may,
from time to time, direct.
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\2\ 22 U.S.C. 287. Sec. 1(a) of Public Law 89-206 (79 Stat. 841)
amended and restated subsecs. (a) and (b); previously, sec. 2 of Public
Law 81-341 (63 Stat. 734) had amended and restated these subsections.
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(b) \2\ The President, by and with the advice and consent
of the Senate, shall appoint additional persons with
appropriate titles, rank, and status to represent the United
States in the principal organs of the United Nations and 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). Such persons
shall serve at the pleasure of the President and subject to the
direction of the Representative of the United States to the
United Nations. They shall, at the direction of the
Representative of the United States to the United Nations,
represent the United States in any organ, commission, or other
body of the United Nations, including the Security Council, the
Economic and Social Council, and the Trusteeship Council, and
perform such other functions as the Representative of the
United States is authorized to perform in connection with the
participation of the United States in the United Nations. Any
Deputy Representative or any other officer holding office at
the time the provisions of this Act, as amended, become
effective shall not be required to be reappointed by reason of
the enactment of this Act, as amended.
(c) \3\ The President, by and with the advice and consent
of the Senate, shall designate from time to time to attend a
specified session or specified sessions of the General Assembly
of the United Nations not to exceed five representatives of the
United States and such number of alternates as he may determine
consistent with the rules of procedure of the General Assembly.
One of the representatives shall be designated as the senior
representative.
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\3\ Sec. 1 of Public Law 81-341 (63 Stat. 734) amended and restated
subsec. (c).
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(d) \4\ The President may also appoint from time to time
such other persons as he may deem necessary to represent the
United States in organs and agencies of the United Nations. The
President may, without the advice and consent of the Senate,
designate any officer of the United States to act without
additional compensation as the representative of the United
States in either the Economic and Social Council or the
Trusteeship Council (1) at any specified session thereof where
the position is vacant or in the absence or disability of the
regular representative or (2) in connection with a specified
subject matter at any specified session of either such council
in lieu of the regular representative. The President may
designate any officer of the Department of State, whose
appointment is subject to confirmation by the Senate, to act,
without additional compensation, for temporary periods as the
representative of the United States in the Security Council of
the United Nations in the absence or disability of the
representatives provided for under section 2 (a) and (b) or in
lieu of such representatives in connection with a specified
subject matter.
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\4\ Sec. 1(b) of Public Law 89-206 (79 Stat. 841) amended and
restated subsec. (d); sec. 1 of Public Law 81-341 (63 Stat. 735)
previously had amended and restated this subsection.
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(e) \5\ The President, by and with the advice and consent
of the Senate, shall appoint a representative of the United
States to the European office of the United Nations with
appropriate rank and status who shall serve at the pleasure of
the President and subject to the direction of the Secretary of
State. Such person shall, at the direction of the Secretary of
State, represent the United States at the European office of
the United Nations, and perform such other functions there in
connection with the participation of the United States in
international organizations as the Secretary of State may, from
time to time, direct.
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\5\ Sec. 2 of Public Law 81-341 (61 Stat. 735) added a new subsec.
(f). Subsequently, sec. 2 of Public Law 89-206 (79 Stat. 841)
redesignated subsecs. (e) and (f) as subsecs. (f) and (g) respectively,
and added a new subsec. (e).
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(f) \5\ Nothing contained in this section shall preclude
the President, or the Secretary of State, at the direction of
the President from representing the United States at any
meeting or session of any organ or agency of the United
Nations.
(g) \5\ All persons appointed in pursuance of authority
contained in this section shall receive compensation at rates
determined by the President upon the basis of duties to be
performed but not in excess of rates authorized by sections
401, 402, and 403 of the Foreign Service Act of 1980 for chiefs
of mission, members of the Senior Foreign Service, and Foreign
Service officers occupying positions of equivalent importance,
except that no Member of the Senate or House of Representatives
or officer of the United States who is designated under
subsections (c) and (d) of this section as a representative of
the United States or as an alternate to attend any specified
session or specified sessions of the General Assembly shall be
entitled to receive such compensation.\6\
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\6\ Sec. 2206(a)(2) of Public Law 96-465 (94 Stat. 2160) added the
references in this sentence to the Foreign Service Act of 1980 and to
the Senior Foreign Service, effective February 15, 1981. These
references replaced references to the Foreign Service Act of 1946.
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(h) \7\ The President, by and with the advice and consent
of the Senate, shall appoint a representative of the United
States to the Vienna office of the United Nations with
appropriate rank and status, who shall serve at the pleasure of
the President and subject to the direction of the Secretary of
State. Such individual shall, at the direction of the Secretary
of State, represent the United States at the Vienna office of
the United Nations and perform such other functions there in
connection with the participation of the United States in
international organizations as the Secretary of State from time
to time may direct. The representative of the United States to
the Vienna office of the United Nations shall also serve as
representative of the United States to the International Atomic
Energy Agency.\8\
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\7\ Sec. 118 of the Department of State Authorization Act, Fiscal
Years 1982 and 1983 (Public Law 97-273; 96 Stat. 279) added subsec.
(h).
\8\ Sec. 708(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), added the last sentence of this subsection.
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Sec. 3.\9\ The representatives provided for in section 2
hereof, when representing the United States in the respective
organs and agencies of the United Nations, shall, at all times,
act in accordance with the instructions of the President
transmitted by the Secretary of State unless other means of
transmission is directed by the President, and such
representatives shall, in accordance with such instructions,
cast any and all votes under the Charter in the United Nations.
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\9\ 22 U.S.C. 287a.
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Sec. 4.\10\ (a) Periodic Reports.--\11\ The President
shall, from time to time as occasion may require, but not less
than once each year, make reports to the Congress of the
activities of the United Nations and of the participation of
the United States therein.\12\
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\10\ In sec. 1(17) of Executive Order 13313, dated July 31, 2003
(68 F.R. 46073; August 5, 2003), the President assigned the reporting
requirements of sec. 4 to the Secretary of State.
\11\ 22 U.S.C. 287b. Sec. 406 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108
Stat. 448), inserted ``(a) Periodic Reports.--'', and added new
subsecs. (b) and (c). Subsequently, sec. 405(a)(1) of the Department of
State Authorization Act, Fiscal Year 2003 (division A of Public Law
107-228; 116 Stat. 1390), struck out subsecs. (b) and (c), which
formerly read as follows:
``(b) Transmittal of Security Council Resolutions.--Not later than
3 days (excluding Saturdays, Sundays, and legal holidays) after
adoption of any resolution by the Security Council, the Secretary of
State shall transmit the text of such resolution and any supporting
documentation to the designated congressional committees.
``(c) Reports on Peacekeeping Operations.--The Secretary of State
shall promptly transmit to the designated congressional committees any
published report prepared by the United Nations and distributed to the
members of the Security Council that contains assessments of any
proposed, ongoing, or concluded United Nations peacekeeping
operation.''.
Sec. 405(a)(2) of that Act added the current subsec. (b).
\12\ Sec. 724(a)(1) of Public Law 106-113 (113 Stat. 1536) struck
out ``He shall make special current reports on decisions of the
Security Council to take enforcement measures under the provisions of
the Charter of the United Nations, and on the participation therein,
under his instructions, of the representative of the United States.''.
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(b) \13\ Annual Report on Financial Contributions.--Not
later than July 1 of each year, the Secretary of State shall
submit a report to the designated congressional committees on
the extent and disposition of all financial contributions made
by the United States during the preceding year to international
organizations in which the United States participates as a
member.
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\13\ Sec. 405(a)(2) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 448) added
this subsection. See also sec. 1225 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat.
2424), which provides as follows:
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``sec. 1225. annual reports on united states contributions to the united
nations.
---------------------------------------------------------------------------
``(a) Annual Report.--Not later than 90 days after the date of the
enactment of this Act and annually thereafter until December 31, 2010,
the President shall submit to Congress a report listing all assessed
and voluntary contributions of the United States Government for the
preceding fiscal year to the United Nationsand United Nations
affiliated agencies and related bodies.
``(b) Contents.--Each report required under subsection (a) shall
set forth, for the fiscal year covered by such report, the following:
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``(1) The total amount of all assessed and voluntary contributions of the
United States Government to the United Nations and United Nations
affiliated agencies and related bodies.
``(2) The approximate percentage of United States Government
contributions to each United Nations affiliated agency or body in such
fiscal year when compared with all contributions to such agency or body
from any source in such fiscal year.
``(3) For each such contribution--
``(A) the amount of such contribution;
``(B) a description of such contribution (including whether assessed or
voluntary);
``(C) the department or agency of the United States Government
responsible for such contribution;
``(D) the purpose of such contribution; and
``(E) the United Nations or United Nations affiliated agency or related
body receiving such contribution.''.
(c) \14\ Annual Report.--In addition to the report required
by subsection (a), the President, at the time of submission of
the annual budget request to the Congress, shall submit to the
designated congressional committees a report that includes the
following:
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\14\ Sec. 407(b) of Public Law 103-236 (108 Stat. 450) originally
added this subsection as subsec. (d). Sec. 405(a)(4) of Public Law 107-
228 (116 Stat. 1391) redesignated the former subsec. (d) as subsec. (c)
as a technical amendment in connection with sec. 405(a)(1) of that Act,
which had struck out the former subsec. (c).
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(1) Costs of peacekeeping operations.--
(A) In accordance with section 407(a)(5)(B)
of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995, a description of
all assistance provided by the United States to
the United Nations to support peacekeeping
operations during the previous calendar quarter
and during the previous year.
(B) With respect to United Nations
peacekeeping operations--
(i) the aggregate cost of all United
Nations peacekeeping operations for the
prior fiscal year;
(ii) the costs of each United Nations
peacekeeping operation for the prior
fiscal year; and
(iii) the amount of United States
contributions (both assessed and
voluntary) to United Nations
peacekeeping operations on an
operation-by-operation basis for the
prior fiscal year.
(C) With respect to other international
peacekeeping operations in which the United
States participates--
(i) the aggregate cost of all such
operations for the prior fiscal year;
(ii) the costs of each such operation
for the prior fiscal year; and
(iii) the amount of United States
contributions (both assessed and
voluntary) to such operations on an
operation-by-operation basis for the
prior fiscal year.
(D) In the case of the first 2 reports
submitted pursuant to this subsection, a
projection of all United States costs for
United Nations peacekeeping operations during
each of the next 2 fiscal years, including
assessed and voluntary contributions.
(2) Other matters regarding peacekeeping
operations.--
(A) An assessment of the effectiveness of
ongoing international peacekeeping operations,
their relevance to United States national
interests, the efforts by the United Nations
and other international organizations (as
applicable) to resolve the relevant armed
conflicts, and the projected termination dates
for all such operations.
(B) The dollar value and percentage of total
peacekeeping contracts that have been awarded
to United States contractors during the
previous year.
(3) United nations reform.--
(A)(i) A description of the status of efforts
to establish and implement an independent
office of the Inspector General at the United
Nations.
(ii) If an office of the Inspector General
has been established at the United Nations, a
discussion of whether the Inspector General is
keeping the Secretary General and the members
of the General Assembly fully informed about
problems, deficiencies, the necessity for
corrective action, and the progress of
corrective action.
(iii) For purposes of this subparagraph, the
term `office of the Inspector General' means an
independent office (or other independent
entity) established by the United Nations to
conduct and supervise objective audits,
inspections, and investigations relating to the
programs and operations of the United Nations.
(B) A description of the status of efforts to
reduce the United States peacekeeping
assessment rate.
(C) A description of the status of other
United States efforts to achieve financial and
management reform at the United Nations.
(4) Military personnel participating in multinational
forces.--A description of--
(A) the status under international law of
members of multinational forces, including the
legal status of such personnel if captured,
missing, or detained;
(B) the extent of the risk for United States
military personnel who are captured while
participating in multinational forces in cases
where their captors fail to respect the 1949
Geneva Conventions and other international
agreements intended to protect prisoners of
war; and
(C) the specific steps that have been taken
to protect United States military personnel
participating in multinational forces, together
(if necessary) with any recommendations for the
enactment of legislation to achieve that
objective.
(5) Human rights and u.n. peacekeeping forces.--A
description of the efforts by United Nations
peacekeeping forces to promote and protect
internationally recognized human rights standards,
including the status of investigations in any case of
alleged human rights violations during the preceding
year by personnel participating in United Nations
peacekeeping forces, as well as any action taken in
such cases.
(d) \15\ Consultations and Reports on United Nations
Peacekeeping Operations.--
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\15\ Sec. 407(b) of Public Law 103-236 (108 Stat. 450) originally
added this subsection as subsec. (e). Sec. 724(b) of Public Law 106-113
(113 Stat. 1536) subsequently amended and restated subsec. (e) in its
entirety. Sec. 405(a)(4) of Public Law 107-228 (116 Stat. 1391) later
redesignated this subsection from subsec. (e) to subsec. (d).
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(1) Consultations.--Each month the President shall
consult with Congress on the status of United Nations
peacekeeping operations.
(2) Information to be provided.--In connection with
such consultations, the following information shall be
provided each month to the designated congressional
committees:
(A) With respect to ongoing United Nations
peacekeeping operations, the following:
(i) A list of all resolutions of the
United Nations Security Council
anticipated to be voted on during such
month that would extend or change the
mandate of any United Nations
peacekeeping operation.
(ii) For each such operation, any
changes in the duration, mandate, and
command and control arrangements that
are anticipated as a result of the
adoption of the resolution.
(iii) An estimate of the total cost
to the United Nations of each such
operation for the period covered by the
resolution, and an estimate of the
amount of that cost that will be
assessed to the United States.
(iv) Any anticipated significant
changes in United States participation
in or support for each such operation
during the period covered by the
resolution (including the provision of
facilities, training, transportation,
communication, and logistical support,
but not including intelligence
activities reportable under title V of
the National Security Act of 1947 (50
U.S.C. 413 et seq.)), and the estimated
costs to the United States of such
changes.
(B) With respect to each new United Nations
peacekeeping operation that is anticipated to
be authorized by a Security Council resolution
during such month, the following information
for the period covered by the resolution:
(i) The anticipated duration,
mandate, and command and control
arrangements of such operation, the
planned exit strategy, and the vital
national interest to be served.
(ii) An estimate of the total cost to
the United Nations of the operation,
and an estimate of the amount of that
cost that will be assessed to the
United States.
(iii) A description of the functions
that would be performed by any United
States Armed Forces participating in or
otherwise operating in support of the
operation, an estimate of the number of
members of the Armed Forces that will
participate in or otherwise operate in
support of the operation, and an
estimate of the cost to the United
States of such participation or
support.
(iv) A description of any other
United States assistance to or support
for the operation (including the
provision of facilities, training,
transportation, communication, and
logistical support, but not including
intelligence activities reportable
under title V of the National Security
Act of 1947 (50 U.S.C. 413 et seq.)),
and an estimate of the cost to the
United States of such assistance or
support.
(v) A reprogramming of funds pursuant
to section 34 of the State Department
Basic Authorities Act of 1956,
submitted in accordance with the
procedures set forth in such section,
describing the source of funds that
will be used to pay for the cost of the
new United Nations peacekeeping
operation, provided that such
notification shall also be submitted to
the Committee on Appropriations of the
House of Representatives and the
Committee on Appropriations of the
Senate.
(3) Form and timing of information.--
(A) Form.--The President shall submit
information under clauses (i) and (iii) of
paragraph (2)(A) in writing.
(B) Timing.--
(i) Ongoing operations.--The
information required under paragraph
(2)(A) for a month shall be submitted
not later than the 10th day of the
month.
(ii) New operations.--The information
required under paragraph (2)(B) shall
be submitted in writing with respect to
each new United Nations peacekeeping
operation not less than 15 days before
the anticipated date of the vote on the
resolution concerned unless the
President determines that exceptional
circumstances prevent compliance with
the requirement to report 15 days in
advance. If the President makes such a
determination, the information required
under paragraph (2)(B) shall be
submitted as far in advance of the vote
as is practicable.
(4) New united nations peacekeeping operation
defined.--As used in paragraph (2), the term ``new
United Nations peacekeeping operation'' includes any
existing or otherwise ongoing United Nations
peacekeeping operation--
(A) where the authorized force strength is to
be expanded;
(B) that is to be authorized to operate in a
country in which it was not previously
authorized to operate; or
(C) the mandate of which is to be changed so
that the operation would be engaged in
significant additional or significantly
different functions.
(5) Notification and quarterly reports regarding
united states assistance.--
(A) Notification of certain assistance.--
(i) In general.--The President shall
notify the designated congressional
committees at least 15 days before the
United States provides any assistance
to the United Nations to support
peacekeeping operations.
(ii) Exception.--This subparagraph
does not apply to--
(I) assistance having a value
of less than $3,000,000 in the
case of nonreimbursable
assistance or less than
$14,000,000 in the case of
reimbursable assistance; or
(II) assistance provided
under the emergency drawdown
authority of sections 506(a)(1)
and 552(c)(2) of the Foreign
Assistance Act of 1961 (22
U.S.C. 2318(a)(1) and
2348a(c)(2)).
(B) \16\ Annual report.--The President shall
submit an annual report to the designated
congressional committees on all assistance
provided by the United States during the
preceding calendar year to the United Nations
to support peacekeeping operations. Each such
report shall describe the assistance provide
for each such operation, listed by category of
assistance.
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\16\ Sec. 405(a)(3) of Public Law 107-228 (116 Stat. 1391) amended
and restated subpara. (B), which formerly read as follows:
``(B) Quarterly reports.--
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``(i) In general.--The President shall submit quarterly reports to the
designated congressional committees on all assistance provided by the
United States during the preceding calendar quarter to the United Nations
to support peacekeeping operations.
``(ii) Matters included.--Each report under this subparagraph shall
describe the assistance provided for each such operation, listed by
category of assistance.
``(iii) Fourth quarter report.--The report under this subparagraph for
the fourth calendar quarter of each year shall be submitted as part of the
annual report required by subsection (d) and shall include cumulative
information for the preceding calendar year.''.
(e) \17\ Designated Congressional Committees.--In this
section, the term ``designated congressional committees'' means
the Committee on Foreign Relations and the Committee on
Appropriations of the Senate and the Committee on International
Relations and the Committee on Appropriations of the House of
Representatives.
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\17\ Sec. 724(b) of Public Law 106-113 (113 Stat. 1536) originally
added this subsection as subsec. (f). Sec. 405(a)(4) of Public Law 107-
228 (116 Stat. 1391) later redesignated this subsection from subsec.
(f) to subsec. (e).
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(f) \18\ Relationship to Other Notification Requirements.--
Nothing in this section is intended to alter or supersede any
notification requirement with respect to peacekeeping
operations that is established under any other provision of
law.
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\18\ Sec. 724(b) of Public Law 106-113 (113 Stat. 1536) originally
added this subsection as subsec. (g). Sec. 405(a)(4) of Public Law 107-
228 (116 Stat. 1391) later redesignated this subsection from subsec.
(g) to subsec. (f).
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Sec. 5.\19\ (a) Notwithstanding the provisions of any other
law, whenever the United States is called upon by the Security
Council to apply measures which said Council has decided,
pursuant to article 41 of said Chapter, are to be employed to
give effect to its decisions under said Charter, the President
may, to the extent necessary to apply such measures, through
any agency which he may designate, and under such orders,
rules, and regulations as may be prescribed by him,
investigate, regulate, or prohibit, in whole or in part,
economic relations of rail, sea, air, postal, telegraphic,
radio, and other means of communication between any foreign
country or any national thereof or any person therein and the
United States or any person subject to the jurisdiction
thereof, or involving any property subject to the jurisdiction
of the United States. Any Executive order which is issued under
this subsection and which applies measures against Southern
Rhodesia pursuant to any United Nations Security Council
Resolution may be enforced, notwithstanding the provisions of
any other law.\20\ The President may exempt from such Executive
order any shipment of chromium in any form which is in transit
to the United States on the date of enactment of this
sentence.\21\
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\19\ 22 U.S.C. 287c.
\20\ The President issued Executive Order 11978 (42 F.R. 15403;
March 22, 1997) on March 18, 1977, applying measures against Southern
Rhodesia via amendment of Executive Order 11419. Sec. 27 of the
International Security Assistance Act of 1978 (Public Law 95-384; 92
Stat. 746), repealed in 1981, specified that the United States would
not enforce sanctions against Rhodesia after December 31, 1978,
provided that the President made certain determinations regarding the
political situation in Rhodesia (see Legislation on Foreign Relations
Through 2008, vol. I-A). The policy contained in sec. 27 did not become
operable because the President did not issue the necessary
determinations. See also sec. 408 of the Department of State
Authorization Act, Fiscal Years 1980 and 1981 (Public Law 96-60; 93
Stat. 405) (see Legislation on Foreign Relations Through 2008, vol. II-
A) which contained several congressional findings regarding the
Zimbabwe-Rhodesia situation and instructed the President to terminate
sanctions against Zimbabwe-Rhodesia by November 15, 1979, unless he
determined that it would not be in the national interest of the United
States to do so. On November 14, 1979, President Carter issued
Determination No. 80-44 (44 F.R. 67073; November 23, 1979) making a
finding that it was not in the interest of the United States to
terminate the sanctions. However, on December 16, 1979, the President
issued Executive Order 12183 (44 F.R. 74787; December 18, 1979) which
revoked all sanctions against Zimbabwe-Rhodesia. Such Executive Order
also revoked Executive Orders 11322, 11419, and 11978.
\21\ Public Law 95-12 (91 Stat. 22) added the final two sentences
of subsec. (a).
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(b) Any person who willfully violates or evades or attempts
to violate or evade any order, rule, or regulation issued by
the President pursuant to paragraph (a) of this section shall,
upon conviction, be fined not more than $10,000 or, if a
natural person, be imprisoned for not more than ten years, or
both; and the officer, director, or agent of any corporation
who knowingly participates in such violation or evasion shall
be punished by a like fine, imprisonment, or both, and any
property, funds, securities, papers, or other articles or
documents, or any vessel, together with her tackle, apparel,
furniture, and equipment, or vehicle, or aircraft,\22\
concerned in such violation shall be forfeited to the United
States.
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\22\ Sec. 3 of Public Law 81-341 (63 Stat. 735) inserted ``or
aircraft,''.
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(c) \23\ (1) During the period in which measures are
applied against Southern Rhodesia under subsection (a) pursuant
to any United Nations Security Council Resolution, a shipment
of any steel mill product (as such product may be defined by
the Secretary) containing chromium in any form may not be
released from customs custody for entry into the United States
if--
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\23\ Public Law 95-12 (91 Stat. 22) added subsec. (c).
---------------------------------------------------------------------------
(A) a certificate of origin with respect to such
shipment has not been filed with the Secretary; or
(B) in the case of a shipment with respect to which a
certificate of origin has been filed with the
Secretary, the Secretary determines that the
information contained in such certificate does not
adequately establish that the steel mill product in
such shipment does not contain chromium in any form
which is of Southern Rhodesian origin;
unless such release is authorized by the Secretary under
paragraph (3) (B) or (C).
(2) The Secretary shall prescribe regulations for carrying
out this subsection.
(3)(A) In carrying out this subsection, the Secretary may
issue subpenas requiring the attendance and testimony of
witnesses and the production of evidence. Any such subpena,
may, upon application by the Secretary, be enforced in a civil
action in an appropriate United States district court.
(B) The Secretary may exempt from the certification
requirements of this subsection any shipment of a steel mill
product containing chromium in any form which is in transit to
the United States on the date of enactment of this subsection.
(C) Under such circumstances as he deems appropriate, the
Secretary may release from customs custody for entry into the
United States, under such bond as he may require, any shipment
of a steel mill product containing chromium in any form.
(4) As used in this subsection--
(A) the term ``certificate of origin'' means such
certificate as the Secretary may require, with respect
to a shipment of any steel mill product containing
chromium in any form, issued by the government (or by a
designee of such government if the Secretary is
satisfied that such designee is the highest available
certifying authority) of the country in which such
steel mill product was produced certifying that the
steel mill product in such shipment contains no
chromium in any form which is of Southern Rhodesian
origin; and
(B) the term ``Secretary'' means the Secretary of the
Treasury.
Sec. 6.\24\ The President is authorized to negotiate a
special agreement or agreements with the Security Council which
shall be subject to the approval of the Congress by appropriate
Act or joint resolution, providing for the numbers and types of
armed forces, their degree of readiness and general locations,
and the nature of facilities and assistance, including rights
of passage, to be made available to the Security Council on its
call for the purpose of maintaining international peace and
security in accordance with article 43 of said Charter. The
President shall not be deemed to require the authorization of
the Congress to make available to the Security Council on its
call in order to take action under article 42 of said Charter
and pursuant to such special agreement or agreements the Armed
Forces, facilities, or assistance provided for therein:
Provided, That, except as authorized in section 7 of this
Act,\25\ nothing herein contained shall be construed as an
authorization to the President by the Congress to make
available to the Security Council for such purpose armed
forces, facilities, or assistance in addition to the forces,
facilities, and assistance provided for in such special
agreement or agreements.
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\24\ 22 U.S.C. 287d.
\25\ Sec. 4 of Public Law 81-341 (63 Stat. 735) added ``except as
authorized in section 7 of this Act''.
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Sec. 7.\26\ (a) Notwithstanding the provisions of any other
law, the President, upon the request by the United Nations for
cooperative action, and to the extent that he finds that it is
consistent with the national interest to comply with such
request, may authorize, in support of such activities of the
United Nations as are specifically directed to the peaceful
settlement of disputes and not involving the employment of
armed forces contemplated by chapter VII of the United Nations
Charter--
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\26\ 22 U.S.C. 287d-1. Sec. 5 of Public Law 81-341 (63 Stat. 735)
added this section.
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(1) the detail to the United Nations, under such
terms and conditions as the President shall determine,
of personnel of the armed forces of the United States
to serve as observers, guards, or in any noncombatant
capacity, but in no event shall more than a total of
one thousand of such personnel be so detailed at any
one time: Provided, That while so detailed, such
personnel shall be considered for all purposes as
acting in the line of duty, including the receipt of
pay and allowances as personnel of the armed forces of
the United States, credit for longevity and retirement,
and all other perquisites appertaining to such duty:
Provided further, That upon authorization or approval
by the President, such personnel may accept directly
from the United Nations (a) any or all of the
allowances or perquisites to which they are entitled
under the first proviso hereof, and (b) extraordinary
expenses and perquisites incident to such detail;
(2) the furnishing of facilities, services, or other
assistance and the loan of the agreed fair share of the
United States of any supplies and equipment to the
United Nations by the National Military
Establishment,\27\ under such terms and conditions as
the President shall determine;
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\27\ Sec. 201 of the National Security Act of 1947 created the
``National Military Establishment'', of which the Secretary of Defense
was the head. Sec. 12(a) of Public Law 81-216 (63 Stat. 591) made
amendments to the National Security Act of 1947 (Public Law 80-253; 61
Stat. 495), by striking out ``National Military Establishment'' and
inserting in lieu thereof ``Department of Defense'' wherever it
appeared in the Act. Other legislation containing unchanged references
to the former National Military Establishment may be considered to
refer instead to the Department of Defense.
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(3) the obligation, insofar as necessary to carry out
the purposes of clauses (1) and (2) of this subsection,
of any funds appropriated to the National Military
Establishment \27\ or any department therein, the
procurement of such personnel, supplies, equipment,
facilities, services, or other assistance as may be
made available in accordance with the request of the
United Nations, and the replacement of such items, when
necessary, where they are furnished from stocks.
(b) Whenever personnel or assistance is made available
pursuant to the authority contained in subsection (a) (1) and
(2) of this section, the President shall require reimbursement
from the United Nations for the expense thereby incurred by the
United States: Provided, That in exceptional circumstances, or
when the President finds it to be in the national interest, he
may waive, in whole or in part, the requirement of such
reimbursement: Provided further, That when any such
reimbursement is made, it shall be credited, at the option of
the appropriate department of the National Military
Establishment,\27\ either to the appropriation, fund, or
account utilized in incurring the obligation, or to an
appropriate appropriation, fund, or account currently available
for the purposes for which expenditures were made.
(c) In addition to the authorization of appropriations to
the Department of State contained in section 8 of this Act,
there is hereby authorized to be appropriated to the National
Military Establishment,\27\ or any department therein, such
sums as may be necessary to reimburse such departments in the
event that reimbursement from the United Nations is waived in
whole or in part pursuant to authority contained in subsection
(b) of this section.
(d) Nothing in this Act shall authorize the disclosure of
any information or knowledge in any case in which such
disclosure is prohibited by any other law of the United States.
Sec. 8.\28\ There is hereby authorized to be appropriated
annually to the Department of State, out of any money in the
treasury not otherwise appropriated, such sums as may be
necessary for the payment by the United States of its share of
the expenses of the United Nations as apportioned by the
General Assembly in accordance with article 17 of the Charter,
and for all necessary salaries and expenses of the
representatives provided for in section 2 hereof, and of their
appropriate staffs, including personal services in the District
of Columbia and elsewhere, without regard to the civil-service
laws and the Classification Act of 1923, as amended; \29\
travel expenses without regard to the Standardized Government
Travel Regulations, as amended, the Travel Expense Act of
1949,\30\ and section 10 of the Act of March 3, 1933, as
amended,\31\ and, under such rules and regulations as the
Secretary of State may prescribe, travel expenses of families
and transportation of effects of United States representatives
and other personnel in going to and returning from their post
of duty; allowances for living quarters, including heat, fuel,
and light, as authorized by the Act approved June 26, 1930 (5
U.S.C. 118a); \32\ cost-of-living allowances for personnel
stationed abroad under such rules and regulations as the
Secretary of State may prescribe; communications services;
stenographic reporting, translating, and other services, by
contract; hire of passenger motor vehicles and other local
transportation; rent of offices; printing and binding without
regard to section 11 of the Act of March 1, 1949 (44 U.S.C.
111); allowances and expenses as provided in section 6 of the
Act of July 30, 1946 (Public Law 565, Seventy-ninth
Congress),\33\ and allowances and expenses equivalent to those
provided in section 905 of the Foreign Service Act of 1980,\34\
the lease or rental (for periods not exceeding ten years) of
living quarters for the use of the representatives provided for
in section 2 of this Act serving abroad \35\ and of their
appropriate staffs,\36\ the cost of installation and use of
telephones in the same manner as telephone service is provided
for use of the Foreign Service pursuant to the Act of August
23, 1912, as amended (31 U.S.C. 679), and \37\ unusual expenses
similar to those authorized by section 22 of the Administrative
Expenses Act of 1946, as amended \38\ by section 311 of the
Overseas Differentials and Allowances Act, incident to the
operation and maintenance of such living quarters abroad; \39\
and such other expenses as may be authorized by the Secretary
of State; and without regard to section 3709 of the Revised
Statutes as amended (41 U.S.C. 5).\40\
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\28\ 22 U.S.C. 287e. Sec. 6 of Public Law 81-341 (63 Stat. 736)
redesignated this section from sec. 7 to sec. 8.
Sec. 113(e) of Public Law 107-228 (116 Stat. 1359), provided the
following:
``(e) Refund of Excess Contributions.--The United States shall
continue to insist that the United Nations and its specialized and
affiliated agencies shall credit or refund to each member of the
organization or agency concerned its proportionate share of the amount
by which the total contributions to the organization or agency exceed
the expenditures of the regular assessed budget of the organization or
agency.''.
Sec. 404 of the Department of State and Related Agency
Appropriations Act, 2002 (Public Law 107-77; 115 Stat. 789), provided
the following:
``Sec. 404. Hereafter, none of the funds appropriated or otherwise
made available for the United Nations may be used by the United Nations
for the promulgation or enforcement of any treaty, resolution, or
regulation authorizing the United Nations, or any of its specialized
agencies or affiliated organizations, to tax any aspect of the Internet
or international currency transactions.''.
Sec. 410 of the Foreign Assistance Act of 1971 (Public Law 92-226),
approved February 7, 1972, provided as follows:
``The Congress strongly urges the President to undertake such
negotiations as may be necessary to implement that portion of the
recommendations of the Report of the President's Commission for the
Observance of the Twenty-fifth Anniversary of the United Nations (known
as the ``Lodge Commission'') which proposes that the portion of the
regular assessed costs to be paid by the United States to the United
Nations be reduced so that the United States is assessed in each year
not more than 25 per centum of such costs assessed all members of the
United Nations for that year.''.
See also title IV, part A of Public Law 103-236 (108 Stat. 445).
See also division A, title IV of Public Law 107-228 (116 Stat. 1387).
See also sec. 411 of the Department of State and Related Agency
Appropriations Act, 2005 (title IV of division B of Public Law 108-447;
118 Stat. 2905) relating to the application of Public Law 103-236 for
fiscal year 2005.
\29\ The Classification Act of 1923, as amended, is now the
Classification Act of 1949, as amended (5 U.S.C. 305, 5101-5113, 5115,
5331-5338, 5341, 5342, 5509, 7154).
\30\ 5 U.S.C. 5701, 5702, 5704-5708.
\31\ 15 U.S.C. 5731.
\32\ Now at 5 U.S.C. 5912, as amended.
\33\ Sec. 6 of the Act of July 30, 1946, as amended (22 U.S.C.
287r).
\34\ Sec. 2206(a)(2) of Public Law 96-465 (94 Stat. 2160) added the
reference to sec. 905 of the Foreign Service Act of 1980, effective
February 15, 1981. This replaced a reference to sec. 901(3) of the
Foreign Service Act of 1946.
\35\ Sec. 304(a)(1) of Public Law 100-459 (102 Stat. 2207) added
``serving abroad'' at this point.
\36\ Sec. 119(1) of Public Law 97-241 (96 Stat. 280), struck out
``representative of the United States to the United Nations referred to
in paragraph (a) of section 2 hereof'' and inserted in lieu thereof
``representatives provided for in section 2 of this Act and of their
appropriate staffs''.
\37\ Sec. 311(b) of Public Law 86-707 substituted the phrase ``and
unusual expenses * * *'' for the previous clause.
\38\ Public Law 89-554 (80 Stat. 510) codified sec. 22 of the
Administrative Expenses Act of 1946, as amended, at 5 U.S.C. 5913.
\39\ Sec. 304(a)(2) of Public Law 100-459 (102 Stat. 2207) inserted
``abroad''.
\40\ Sec. 304(a)(3) of Public Law 100-459 (102 Stat. 2207) struck
out the last sentence of sec. 8, which sec. 119(2) of Public Law 97-273
(96 Stat. 280) had originally added. It formerly read as follows:
``Any payments made by United States Government personnel for
occupancy by them of living quarters leased or rented under this
section shall be credited to the appropriation, fund, or account
utilized by the Secretary of State for such lease or rental or to the
appropriation, fund, or account currently available for such
purpose.''.
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Sec. 9.\41\ The Secretary of State may, under such
regulations as he shall prescribe, and notwithstanding section
3648 of the Revised Statutes (31 U.S.C. 529) and section 5536
of title 5, United States Code:
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\41\ 22 U.S.C. 287e-1. Sec. 15 of Public Law 93-126 (87 Stat. 454),
originally added sec. 9. Sec. 304(b) of Public Law 100-459 (102 Stat.
2207) substantially amended and restated sec. 15. Sec. 304(b) of that
Act redesignated para. (2) as para. (3). It also struck out
``President'' in that paragraph and inserted in lieu thereof
``Secretary''. Finally, it added new paras. (1), (2), and (4). Sec.
304(c)(1) provided an effective date of July 1, 1989, for these
amendments. Sec. 9 formerly read as follows:
``Sec. 9. The President may, under such regulations as he shall
prescribe, and notwithstanding section 3648 of the Revised Statutes (31
U.S.C. 529) and section 5536 of title 5, United States Code--
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``(1) grant any employee of the staff of the United States Mission to the
United Nations designated by the Secretary of State, and any employee of
the United States Information Agency designated by the Director of that
Agency, who is required because of important representational
responsibilities to live in the extraordinarily high-rent area immediately
surrounding the headquarters of the United Nations in New York, New York,
an allowance to compensate for the portion of expenses necessarily incurred
by the employee for quarters and utilities which exceed the average of such
expenses incurred by typical, permanent residents of the Metropolitan New
York, New York, area with comparable salary and family size who are not
compelled by reason of their employment to live in such high-rent area; and
``(2) provide such allowance as the President considers appropriate, to
each Delegate and Alternate Delegate of the United States to any session of
the General Assembly of the United Nations who is not a permanent member of
the staff of the United States Mission to the United Nations, in order to
compensate each such Delegate or Alternate Delegate for necessary housing
and subsistence expenses incurred by him with respect to attending any such
session.
``Not more than fifty employees, including not more than five employees of
the United States Information Agency, shall be receiving an allowance under
paragraph (1) of this section at any one time.''.
(1) \41\ Make available to the Representative of the
United States to the United Nations and the Deputy
Permanent Representative of the United States to the
United Nations living quarters leased or rented by the
United States (for periods not exceeding ten years) and
allowances for unusual expenses incident to the
operation and maintenance of such living quarters
similar to those and to be considered for all purposes
as authorized by section 22 of the Administrative
Expenses Act of 1946, as amended by section 311 of the
Overseas Differentials and Allowances Act.
(2) \41\,\42\ Make available in New York
to no more than 30 \43\ foreign service employees of
the staff of the United States Mission to the United
Nations, other representatives, and no more than two
employees who serve at the pleasure of the
Representative, living quarters leased or rented by the
United States (for periods not exceeding ten years).
The number of employees to which such quarters will be
made available shall be determined by the Secretary and
shall reflect a significant reduction over the number
of persons eligible for housing benefits as of the date
of enactment of this provision. No employee may occupy
a unit under this provision if the unit is owned by the
employee. The Secretary shall require that each
employee occupying housing under this subsection
contribute to the Department of State a percentage of
his or her base salary, in an amount to be determined
by the Secretary of State toward the cost of such
housing. The Secretary may reduce such payments to the
extent of income taxes paid on the value of the leased
or rented quarters any payments made by employees to
the Department of State for occupancy by them of living
quarters leased or rented under this section shall be
credited to the appropriation, fund, or account
utilized by the Secretary of State for such lease or
rental or to the appropriation, fund, or account
currently available for such purpose.
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\42\ Sec. 304(c) of Public Law 100-459 (102 Stat. 2208) provided:
``(2) In the event that taxes paid by an employee on the benefit
provided under subsection (2) of section 9 exceed the contribution
amount computed as a percentage of base salary under that subsection,
the Department of State may reimburse the employee up to the amount of
such differential for the period from the date of enactment of this Act
through July 1, 1989.''.
\43\ Sec. 405 of Public Law 106-309 (114 Stat. 1098) struck out
``18'' and inserted in lieu thereof ``30''.
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(3) \41\ provide such allowance as the Secretary \41\
considers appropriate, to each Delegate and Alternate
Delegate of the United States to any session of the
General Assembly of the United Nations who is not a
permanent member of the staff of the United States
Mission to the United Nations, in order to compensate
each such Delegate or Alternate Delegate for necessary
housing and subsistence expenses incurred by him with
respect to attending any such session.
(4) \41\ The Inspector General shall review the
program established by this section no later than
December 1989 and periodically thereafter with a view
to increasing cost savings and making other appropriate
recommendations.
SEC. 10.\44\ REIMBURSEMENT FOR GOODS AND SERVICES PROVIDED BY THE
UNITED STATES TO THE UNITED NATIONS.
(a) Requirement To Obtain Reimbursement.--
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\44\ 22 U.S.C. 287e-2. Sec. 723 of Public Law 106-113 (113 Stat.
1536) added this section.
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(1) In general.--Except as provided in paragraph (2),
the President shall seek and obtain in a timely fashion
a commitment from the United Nations to provide
reimbursement to the United States from the United
Nations whenever the United States Government furnishes
assistance pursuant to the provisions of law described
in subsection (c)--
(A) to the United Nations when the assistance
is designed to facilitate or assist in carrying
out an assessed peacekeeping operation;
(B) for any United Nations peacekeeping
operation that is authorized by the United
Nations Security Council under Chapter VI or
Chapter VII of the United Nations Charter and
paid for by peacekeeping or regular budget
assessment of the United Nations members; or
(C) to any country participating in any
operation authorized by the United Nations
Security Council under Chapter VI or Chapter
VII of the United Nations Charter and paid for
by peacekeeping assessments of United Nations
members when the assistance is designed to
facilitate or assist the participation of that
country in the operation.
(2) Exceptions.--
(A) In general.--The requirement in paragraph
(1) shall not apply to--
(i) goods and services provided to
the United States Armed Forces;
(ii) assistance having a value of
less than $3,000,000 per fiscal year
per operation;
(iii) assistance furnished before the
date of enactment of this section;
(iv) salaries and expenses of
civilian police and other civilian and
military monitors where United Nations
policy is to require payment by
contributing members for similar
assistance to United Nations
peacekeeping operations; or
(v) any assistance commitment made
before the date of enactment of this
section.
(B) Deployments of united states military
forces.-- The requirements of subsection
(d)(1)(B) shall not apply to the deployment of
United States military forces when the
President determines that such deployment is
important to the security interests of the
United States. The cost of such deployment
shall be included in the data provided under
section 554 of the Foreign Assistance Act of
1961.
(3) Form and amount.--
(A) Amount.--The amount of any reimbursement
under this subsection shall be determined at
the usual rate established by the United
Nations.
(B) Form.--Reimbursement under this
subsection may include credits against the
United States assessed contributions for United
Nations peacekeeping operations, if the
expenses incurred by any United States
department or agency providing the assistance
have first been reimbursed.
(b) Treatment of Reimbursements.--
(1) Credit.--The amount of any reimbursement paid the
United States under subsection (a) shall be credited to
the current applicable appropriation, fund, or account
of the United States department or agency providing the
assistance for which the reimbursement is paid.
(2) Availability.--Amounts credited under paragraph
(1) shall be merged with the appropriations, or with
appropriations in the fund or account, to which
credited and shall be available for the same purposes,
and subject to the same conditions and limitations, as
the appropriations with which merged.
(c) Covered Assistance.--Subsection (a) applies to
assistance provided under the following provisions of law:
(1) Sections 6 and 7 of this Act.
(2) Sections 451, 506(a)(1), 516, 552(c), and 607 of
the Foreign Assistance Act of 1961.
(3) Any other provisions of law pursuant to which
assistance is provided by the United States to carry
out the mandate of an assessed United Nations
peacekeeping operation.
(d) Waiver.--
(1) \45\ Authority.--
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\45\ In Presidential Determination 2000-12 of February 10, 2000 (65
F.R. 8243; February 18, 2000), President Clinton authorized the
Secretary of State to provide assistance to East Timor's transition to
independence under this paragraph and subsec. (a)(2)(B) of this
section. In Presidential Determination 2000-20 of May 31, 2000 (65 F.R.
36307; June 8, 2000), President Clinton authorized the Secretary of
State to provide assistance to support peacekeeping in Sierra Leone
under this paragraph. In Presidential Determination 2008-7 of December
14, 2007 (73 F.R. 3851; January 22, 2008), President George W. Bush
authorized the Secretary of State to provide assistance to support the
United Nations/African Union Mission in Darfur (UNAMID) under this
paragraph.
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(A) In general.--The President may authorize
the furnishing of assistance covered by this
section without regard to subsection (a) if the
President determines, and so notifies in
writing the Committee on Foreign Relations of
the Senate and the Speaker of the House of
Representatives, that to do so is important to
the security interests of the United States.
(B) Congressional notification.--When
exercising the authorities of subparagraph (A),
the President shall notify the Committee on
Foreign Relations of the Senate and the
Committee on International Relations of the
House of Representatives in accordance with the
procedures applicable to reprogramming
notifications under section 634A of the Foreign
Assistance Act of 1961.
(2) Congressional review.--Notwithstanding a notice
under paragraph (1) with respect to assistance covered
by this section, subsection (a) shall apply to the
furnishing of the assistance if, not later than 15
calendar days after receipt of a notification under
that paragraph, the Congress enacts a joint resolution
disapproving the determination of the President
contained in the notification.
(3) Senate procedures.--Any joint resolution
described in paragraph (2) shall be considered in the
Senate in accordance with the provisions of section
601(b) of the International Security Assistance and
Arms Export Control Act of 1976.
(e) Relationship to Other Reimbursement Authority.--Nothing
in this section shall preclude the President from seeking
reimbursement for assistance covered by this section that is in
addition to the reimbursement sought for the assistance under
subsection (a).
(f) Definition.--In this section, the term ``assistance''
includes personnel, services, supplies, equipment, facilities,
and other assistance if such assistance is provided by the
Department of Defense or any other United States Government
agency.
SEC. 11.\46\ LIMITATION ON THE UNITED STATES SHARE OF ASSESSMENTS FOR
UNITED NATIONS REGULAR BUDGET.
None of the funds available to the Department of State
shall be used to pay the United States share of assessed
contributions for the regular budget of the United Nations in
an amount greater than 22 percent of the total of all assessed
contributions for that budget.
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\46\ 22 U.S.C. 287e-3. Sec. 403 of Public Law 107-228 (116 Stat.
1389) added this section.
2. Department of State Authorization Act, Fiscal Year 2003
Partial text of division A 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''.
* * * * * * *
DIVISION A--DEPARTMENT OF STATE AUTHORIZATION ACT, FISCAL YEAR 2003
SEC. 101. SHORT TITLE.
This division may be cited as the ``Department of State
Authorization Act, Fiscal Year 2003''.
* * * * * * *
TITLE IV--INTERNATIONAL ORGANIZATIONS
SEC. 401. PAYMENT OF THIRD INSTALLMENT OF ARREARAGES.
(a) In General.--The United Nations Reform Act of 1999
(title IX 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-475) is amended * * *
(b) Conforming Amendment.--The undesignated paragraph under
the heading ``arrearage payments'' in title IV of the
Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 2000 (as contained in
section 1000 of division B of the Consolidated Appropriations
Act, 2000; Public Law 106-113) is amended-- * * *
(c) Transmittal of Certifications to Congress.--Section
912(c) of the United Nations Reform Act of 1999 (title IX 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-
477) is amended * * *
SEC. 402. LIMITATION ON THE UNITED STATES SHARE OF ASSESSMENTS FOR
UNITED NATIONS PEACEKEEPING OPERATIONS IN CALENDAR
YEARS 2001 THROUGH 2004.
(a) In General.--Section 404(b)(2) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 287e
note) is amended-- * * *
(b) Conforming Amendments to Public Law 92-544.--Title I of
the Departments of State, Justice, and Commerce, the Judiciary,
and Related Agencies Appropriation Act, 1973 (22 U.S.C. 287e
note) is amended-- * * *
SEC. 403. LIMITATION ON THE UNITED STATES SHARE OF ASSESSMENTS FOR
UNITED NATIONS REGULAR BUDGET.
The United Nations Participation Act of 1945 (22 U.S.C. 287
et seq.) is amended * * *
SEC. 404. PROMOTION OF SOUND FINANCIAL PRACTICES BY THE UNITED NATIONS.
(a) Findings.--Congress makes the following findings:
(1) In the early 1980s, the United States Government
began to pay United States assessments to certain
international organizations in the last quarter of the
calendar year in which they were due. This practice
allowed the United States to pay its annual assessment
to the United Nations and other international
organizations with the next fiscal year's
appropriations, taking advantage of the fact that
international organizations operate on calendar years.
It also allowed the United States to reduce budgetary
outlays, making the United States budget deficit appear
smaller.
(2) The United States, which is assessed 22 percent
of the United Nations regular budget, now pays its dues
at least 10 months late, and often later depending on
when the relevant appropriation is enacted.
(3) This practice causes the United Nations to
operate throughout much of the year without a
significant portion of its operating budget. By
midyear, the budget is usually depleted, forcing the
United Nations to borrow from its separate peacekeeping
budget (the organization is prohibited from external
borrowing). As a result, countries that contribute to
United Nations peacekeeping missions are not reimbursed
on a timely basis.
(4) For years, the United States has been encouraging
the United Nations and other international
organizations to engage in sound, fiscally responsible
budgetary practices. In fact, many of the conditions in
United States law for paying nearly $1,000,000,000 in
debt to the United Nations and other international
organizations are aimed at this goal. But late payment
of United States dues forces the United Nations and
other international organizations to engage in
budgetary practices that are neither sound nor
responsible.
(b) Sense of Congress.--It is the sense of Congress that
the United States should initiate a process to synchronize the
payment of its assessments to the United Nations and other
international organizations over a multiyear period so that the
United States can resume paying its dues to such international
organizations at the beginning of each calendar year.
(c) Authorization of Appropriations.--
(1) In general.--In addition to amounts otherwise
available for the purpose of payment of the United
States assessed contributions to the United Nations and
other international organizations, there are authorized
to be appropriated such sums as may be necessary to
carry out the policy described in subsection (b).
(2) Availability of Funds.--Amounts appropriated
pursuant to paragraph (1) are authorized to remain
available until expended.
SEC. 405. REPORTS TO CONGRESS ON UNITED NATIONS ACTIVITIES.
(a) Amendments to United Nations Participation Act.--
Section 4 of the United Nations Participation Act (22 U.S.C.
287b) is amended-- * * *
(b) Conforming Amendments.--
(1) Section 2 of Public Law 81-806 (22 U.S.C. 262a)
is amended * * *
(2) Section 409 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22
U.S.C. 287e note), is amended * * *
SEC. 406. USE OF SECRET BALLOTS WITHIN THE UNITED NATIONS.
Not later than 120 days after the date of enactment of this
Act, the Secretary shall submit a report to the appropriate
congressional committees containing a detailed analysis, and a
determination based on such analysis, on whether the use of
secret ballots within the United Nations and the specialized
agencies of the United Nations serves the interests of the
United States.
SEC. 407. SENSE OF CONGRESS RELATING TO MEMBERSHIP OF THE UNITED STATES
IN UNESCO.
It is the sense of Congress that the President, having
announced that the United States will rejoin the United Nations
Educational, Scientific, and Cultural Organization (UNESCO),
should submit a report to the appropriate congressional
committees--
(1) describing the merits of renewing the membership
and participation of the United States in UNESCO; and
(2) detailing the projected costs of United States
membership in UNESCO.
SEC. 408.\1\ UNITED STATES MEMBERSHIP ON THE UNITED NATIONS COMMISSION
ON HUMAN RIGHTS AND INTERNATIONAL NARCOTICS CONTROL
BOARD.
The United States, in connection with its voice and vote in
the United Nations General Assembly and the United Nations
Economic and Social Council, shall make every reasonable
effort--
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\1\ 22 U.S.C. 287 note.
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(1) to secure a seat for the United States on the
United Nations Commission on Human Rights;
(2) to secure a seat for a United States national on
the United Nations International Narcotics Control
Board; and
(3) to prevent membership on the Human Rights
Commission by any member nation the government of
which, in the judgment of the Secretary, based on the
Department's Annual Country Reports on Human Rights and
the Annual Report on International Report on Religious
Freedom, consistently violates internationally
recognized human rights or has engaged in or tolerated
particularly severe violations of religious freedom in
that country.
SEC. 409. PLAN FOR ENHANCED DEPARTMENT OF STATE EFFORTS TO PLACE UNITED
STATES CITIZENS IN POSITIONS OF EMPLOYMENT IN THE
UNITED NATIONS AND ITS SPECIALIZED AGENCIES.
Not later than 180 days after the date of enactment of this
Act, the Secretary shall submit to the appropriate
congressional committees a report containing a plan that
provides for--
(1) proposals to reverse the decline in recent years
in funding and personnel resources devoted to the
placement of United States citizens in positions within
the United Nations system;
(2) steps to intensify coordinated, high-level
diplomatic efforts to place United States citizens in
senior posts in the United Nations Secretariat and the
specialized agencies of the United Nations; and
(3) appropriate mechanisms to address the
underrepresentation, relative to the United States
share of assessed contributions to the United Nations,
of United States citizens in junior positions within
the United Nations and its specialized agencies.
* * * * * * *
3. United Nations Reform Act of 1999
Partial text of Public Law 106-113 [H.R. 3427, enacted by reference in
the Consolidated Appropriations Act, 2000; H.R. 3194], 113 Stat. 1501,
approved November 29, 1999; as amended by Public Law 107-46 [S. 248],
115 Stat. 259, approved October 5, 2001; and 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 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 in 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''.
* * * * * * *
TITLE IX--ARREARS PAYMENTS AND REFORM
Subtitle A--General Provisions
SEC. 901. SHORT TITLE.
This title may be cited as the ``United Nations Reform Act
of 1999''.
SEC. 902. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
Committee on Foreign Relations and the Committee on
Appropriations of the Senate and the Committee on
International Relations and the Committee on
Appropriations of the House of Representatives.
(2) Designated specialized agency defined.--The term
``designated specialized agency'' means the
International Labor Organization, the World Health
Organization, and the Food and Agriculture
Organization.
(3) General assembly.--The term ``General Assembly''
means the General Assembly of the United Nations.
(4) Secretary general.--The term ``Secretary
General'' means the Secretary General of the United
Nations.
(5) Security council.--The term ``Security Council''
means the Security Council of the United Nations.
(6) United nations member.--The term ``United Nations
member'' means any country that is a member of the
United Nations.
(7) United nations peacekeeping operation.--The term
``United Nations peacekeeping operation'' means any
United Nations-led operation to maintain or restore
international peace or security that--
(A) is authorized by the Security Council;
and
(B) is paid for from assessed contributions
of United Nations members that are made
available for peacekeeping activities.
Subtitle B--Arrearages to the United Nations
CHAPTER 1--AUTHORIZATION OF APPROPRIATIONS; OBLIGATION AND EXPENDITURE
OF FUNDS
SEC. 911. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--
(1) Fiscal year 1998.--
(A) Regular assessments.--Amounts
appropriated by title IV of the Departments of
Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1998
(Public Law 105-119), under the heading
``Contributions to International
Organizations'', are hereby authorized to be
appropriated and shall be available for
obligation and expenditure subject to the
provisions of this title.
(B) Peacekeeping assessments.--Amounts
appropriated by title IV of the Departments of
Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1998
(Public Law 105-119), under the heading
``Contributions for International Peacekeeping
Activities'', are hereby authorized to be
appropriated and shall be available for
obligation and expenditure subject to the
provisions of this title.
(2) Fiscal year 1999.--Amounts appropriated under the
heading ``Arrearage Payments'' in title IV of the
Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 1999 (as contained
in section 101(b) of division A of the Omnibus
Consolidated and Emergency Supplemental Appropriations
Act, 1999; Public Law 105-277), are hereby authorized
to be appropriated and shall be available for
obligation and expenditure subject to the provisions of
this title.
(3) Fiscal year 2000.--There are authorized to be
appropriated to the Department of State for payment of
arrearages owed by the United States described in
subsection (b) as of September 30, 1997, $244,000,000
for fiscal year 2000. Amounts appropriated pursuant to
this paragraph shall be available for obligation and
expenditure subject to the provisions of this title.
(b) Limitation.--Amounts made available under subsection
(a) are authorized to be available only--
(1) to pay the United States share of assessments for
the regular budget of the United Nations;
(2) to pay the United States share of United Nations
peacekeeping operations;
(3) to pay the United States share of United Nations
specialized agencies; and
(4) to pay the United States share of other
international organizations.
(c) Availability of Funds.--Amounts appropriated pursuant
to subsection (a) are authorized to remain available until
expended.
(d) Statutory Construction.--For purposes of payments made
using funds made available under subsection (a), section
404(b)(2) of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236) shall not apply to
United Nations peacekeeping operation assessments received by
the United States prior to October 1, 1995.
SEC. 912. OBLIGATION AND EXPENDITURE OF FUNDS.
(a) In General.--Funds made available pursuant to section
911 may be obligated and expended only if the requirements of
subsections (b) and (c) of this section are satisfied.
(b) Obligation and Expenditure Upon Satisfaction of
Certification Requirements.--Subject to subsections (e) and
(f), funds made available pursuant to section 911 may be
obligated and expended only in the following allotments and
upon the following certifications:
(1) Amounts made available for fiscal year 1998, upon
the certification described in section 921.
(2) Amounts made available for fiscal year 1999, upon
the certification described in section 931.
(3) Amounts authorized to be appropriated for fiscal
year 2000 upon a certification described in section 941
with respect to the United Nations or a particular
designated specialized agency, and immediately with
respect to organizations to which none of the
conditions in section 941(b) apply.\1\
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\1\ Sec. 401(a)(1) of the Department of State Authorization Act,
Fiscal Year 2003 (division A of the Foreign Relations Authorization
Act, Fiscal Year 2003; Public Law 107-228; 116 Stat. 1387) struck out
``, upon the certification described in section 941'' and inserted in
lieu thereof ``upon a certification described in section 941 with
respect to the United Nations or a particular designated specialized
agency, and immediately with respect to organizations to which none of
the conditions in section 941(b) apply''.
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(c) Advance Congressional Notification.--Funds made
available pursuant to section 911 may be obligated and expended
only if the appropriate certification has been submitted to the
appropriate congressional committees 15 days prior to payment
of the funds, in the case of a certification submitted with
respect to funds made available for fiscal year 2000.\2\
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\2\ Sec. 401(c) of Public Law 107-228 (116 Stat. 1388) amended and
restated subsec. (c). The former subsec. (c) read as follows:
``(c) Advance Congressional Notification.--Funds made available
pursuant to section 911 may be obligated and expended only if the
appropriate certification has been submitted to the appropriate
congressional committees 30 days prior to the payment of the funds.''.
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(d) Transmittal of Certifications.--Certifications made
under this chapter shall be transmitted by the Secretary of
State to the appropriate congressional committees.
(e) Waiver Authority With Respect to Fiscal Year 1999
Funds.--
(1) In general.--Subject to paragraph (3) and
notwithstanding subsection (b), funds made available
under section 911 for fiscal year 1999 may be obligated
or expended pursuant to subsection (b)(2) even if the
Secretary of State cannot certify that the condition
described in section 931(b)(1) has been satisfied.
(2) Requirements.--
(A) In general.--The authority to waive the
condition described in paragraph (1) of this
subsection may be exercised only if the
Secretary of State--
(i) determines that substantial
progress towards satisfying the
condition has been made and that the
expenditure of funds pursuant to that
paragraph is important to the interests
of the United States; and
(ii) has notified, and consulted
with, the appropriate congressional
committees prior to exercising the
authority.
(B) Effect on subsequent certification.--If
the Secretary of State exercises the authority
of paragraph (1), the condition described in
that paragraph shall be deemed to have been
satisfied for purposes of making any
certification under section 941.
(3) Additional requirement.--If the authority to
waive a condition under paragraph (1)(A) is exercised,
the Secretary of State shall notify the United Nations
that the Congress does not consider the United States
obligated to pay, and does not intend to pay,
arrearages that have not been included in the contested
arrearages account or other mechanism described in
section 931(b)(1).
(f) Waiver Authority With Respect to Fiscal Year 2000
Funds.--
(1) In general.--Subject to paragraph (2) and
notwithstanding subsection (b), funds made available
under section 911 for fiscal year 2000 may be obligated
or expended pursuant to subsection (b)(3) even if the
Secretary of State cannot certify that the condition
described in paragraph (1) of section 941(b) has been
satisfied.
(2) Requirements.--
(A) In general.--The authority to waive a
condition under paragraph (1) may be exercised
only if the Secretary of State has notified,
and consulted with, the appropriate
congressional committees prior to exercising
the authority.
(B) Effect on subsequent certification.--If
the Secretary of State exercises the authority
of paragraph (1) with respect to a condition,
such condition shall be deemed to have been
satisfied for purposes of making any
certification under section 941.
SEC. 913. FORGIVENESS OF AMOUNTS OWED BY THE UNITED NATIONS TO THE
UNITED STATES.
(a) Forgiveness of Indebtedness.--Subject to subsection
(b), the President is authorized to forgive or reduce any
amount owed by the United Nations to the United States as a
reimbursement, including any reimbursement payable under the
Foreign Assistance Act of 1961 or the United Nations
Participation Act of 1945.
(b) Limitations.--
(1) Total amount.--The total of amounts forgiven or
reduced under subsection (a) may not exceed
$107,000,000.
(2) Relation to united states arrearages.--Amounts
shall be forgiven or reduced under this section only to
the same extent as the United Nations forgives or
reduces amounts owed by the United States to the United
Nations as of September 30, 1997.
(c) Requirements.--The authority in subsection (a) shall be
available only to the extent and in the amounts provided in
advance in appropriations Acts.
(d) Congressional Notification.--Before exercising any
authority in subsection (a), the President shall notify the
appropriate congressional committees in accordance with the
same procedures as are applicable to reprogramming
notifications under section 634A of the Foreign Assistance Act
of 1961 (22 U.S.C. 2394-1).
(e) Effective Date.--This section shall take effect on the
date a certification is transmitted to the appropriate
congressional committees under section 931.
CHAPTER 2--UNITED STATES SOVEREIGNTY
SEC. 921. CERTIFICATION REQUIREMENTS.
(a) Contents on Certification.--A certification described
in this section is a certification by the Secretary of State
that the following conditions are satisfied:
(1) Supremacy of the united states constitution.--No
action has been taken by the United Nations or any of
its specialized or affiliated agencies that requires
the United States to violate the United States
Constitution or any law of the United States.
(2) No united nations sovereignty.--Neither the
United Nations nor any of its specialized or affiliated
agencies--
(A) has exercised sovereignty over the United
States; or
(B) has taken any steps that require the
United States to cede sovereignty.
(3) No united nations taxation.--
(A) No legal authority.--Except as provided
in subparagraph (D), neither the United Nations
nor any of its specialized or affiliated
agencies has the authority under United States
law to impose taxes or fees on United States
nationals.
(B) No taxes or fees.--Except as provided in
subparagraph (D), a tax or fee has not been
imposed on any United States national by the
United Nations or any of its specialized or
affiliated agencies.
(C) No taxation proposals.--Except as
provided in subparagraph (D), neither the
United Nations nor any of its specialized or
affiliated agencies has, on or after October 1,
1996, officially approved any formal effort to
develop, advocate, or promote any proposal
concerning the imposition of a tax or fee on
any United States national in order to raise
revenue for the United Nations or any such
agency.
(D) Exception.--This paragraph does not apply
to--
(i) fees for publications or other
kinds of fees that are not tantamount
to a tax on United States citizens;
(ii) the World Intellectual Property
Organization; or
(iii) the staff assessment costs of
the United Nations and its specialized
or affiliated agencies.
(4) No standing army.--The United Nations has not, on
or after October 1, 1996, budgeted any funds for, nor
taken any official steps to develop, create, or
establish any special agreement under Article 43 of the
United Nations Charter to make available to the United
Nations, on its call, the armed forces of any member of
the United Nations.
(5) No interest fees.--The United Nations has not, on
or after October 1, 1996, levied interest penalties
against the United States or any interest on arrearages
on the annual assessment of the United States, and
neither the United Nations nor its specialized agencies
have, on or after October 1, 1996, amended their
financial regulations or taken any other action that
would permit interest penalties to be levied against
the United States or otherwise charge the United States
any interest on arrearages on its annual assessment.
(6) United states real property rights.--Neither the
United Nations nor any of its specialized or affiliated
agencies has exercised authority or control over any
United States national park, wildlife preserve,
monument, or real property, nor has the United Nations
nor any of its specialized or affiliated agencies
implemented plans, regulations, programs, or agreements
that exercise control or authority over the private
real property of United States citizens located in the
United States without the approval of the property
owner.
(7) Termination of borrowing authority.--
(A) Prohibition on authorization of external
borrowing.--On or after the date of enactment
of this Act, neither the United Nations nor any
specialized agency of the United Nations has
amended its financial regulations to permit
external borrowing.
(B) Prohibition of united states payment of
interest costs.--The United States has not, on
or after October 1, 1984, paid its share of any
interest costs made known to or identified by
the United States Government for loans
incurred, on or after October 1, 1984, by the
United Nations or any specialized agency of the
United Nations through external borrowing.
(b) Transmittal.--The Secretary of State may transmit a
certification under subsection (a) at any time during fiscal
year 1998 or thereafter if the requirements of the
certification are satisfied.
CHAPTER 3--REFORM OF ASSESSMENTS AND UNITED NATIONS PEACEKEEPING
OPERATIONS
SEC. 931. CERTIFICATION REQUIREMENTS.
(a) In General.--A certification described in this section
is a certification by the Secretary of State that the
conditions in subsection (b) are satisfied. Such certification
shall not be made by the Secretary if the Secretary determines
that any of the conditions set forth in section 921 are no
longer satisfied.
(b) Conditions.--The conditions under this subsection are
the following:
(1) Contested arrearages.--The United Nations has
established an account or other appropriate mechanism
with respect to all United States arrearages incurred
before the date of enactment of this Act with respect
to which payments are not authorized by this Act, and
the failure to pay amounts specified in the account
does not affect the application of Article 19 of the
Charter of the United Nations. The account established
under this paragraph may be referred to as the
``contested arrearages account''.
(2) Limitation on assessed share of budget for united
nations peacekeeping operations.--The assessed share of
the budget for each assessed United Nations
peacekeeping operation does not exceed 28.15 percent
\3\ for any single United Nations member.
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\3\ Sec. 1(a) of Public Law 107-46 (115 Stat. 259) struck out ``25
percent'' and inserted in lieu thereof ``28.15 percent''.
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(3) Limitation on assessed share of regular budget.--
The share of the total of all assessed contributions
for the regular budget of the United Nations does not
exceed 22 percent for any single United Nations member.
CHAPTER 4--BUDGET AND PERSONNEL REFORM
SEC. 941. CERTIFICATION REQUIREMENTS.
(a) In General.--
(1) In general.--Except as provided in paragraph (2),
a certification described in this section is a
certification by the Secretary of State that the
conditions in subsection (b) are satisfied.
(2) Specified certification.--A certification
described in this section is \4\ a certification that,
with respect to the United Nations or a particular
designated specialized agency, the conditions \4\
applicable to that organization are satisfied,
regardless of whether the conditions \4\ applicable to
any other organization are satisfied.\4\
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\4\ Sec. 401(a)(2) of Public Law 107-228 (116 Stat. 1387) struck
out ``also'' between ``this section is'' and ``a certification that'';
struck out ``in subsection (b)(4)'' in both places it appeared between
``conditions'' and ``applicable''; and struck out ``, if the other
conditions in subsection (b) are satisfied'' at the end of para. (2).
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(3) Effect of specified certification.--Funds made
available under section 912(b)(3) upon a certification
made under this section with respect to the United
Nations or a particular designated specialized agency
shall be limited to that portion of the funds available
under that section that is allocated for the
organization with respect to which the certification is
made.\5\
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\5\ Sec. 401(a)(3) of Public Law 107-228 (116 Stat. 1388) struck
out ``and for any other organization to which none of the conditions in
subsection (b) apply''.
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(4) Limitation.--A certification described in this
section shall not be made by the Secretary if the
Secretary determines that any of the conditions set
forth in sections 921 and 931 are no longer satisfied.
(b) Conditions.--The conditions under this subsection are
the following:
(1) Limitation on assessed share of regular budget.--
The share of the total of all assessed contributions
for the regular budget of the United Nations, or any
designated specialized agency of the United Nations,
does not exceed 20 percent for any single United
Nations member.
(2) Inspectors general for certain organizations.--
(A) Establishment of offices.--Each
designated specialized agency has established
an independent office of inspector general to
conduct and supervise objective audits,
inspections, and investigations relating to the
programs and operations of the organization.
(B) Appointment of inspectors general.--The
Director General of each designated specialized
agency has appointed an inspector general, with
the approval of the member states, and that
appointment was made principally on the basis
of the appointee's integrity and demonstrated
ability in accounting, auditing, financial
analysis, law, management analysis, public
administration, or investigations.
(C) Assigned functions.--Each inspector
general appointed under subparagraph (A) is
authorized to--
(i) make investigations and reports
relating to the administration of the
programs and operations of the agency
concerned;
(ii) have access to all records,
documents, and other available
materials relating to those programs
and operations of the agency concerned;
and
(iii) have direct and prompt access
to any official of the agency
concerned.
(D) Complaints.--Each designated specialized
agency has procedures in place designed to
protect the identity of, and to prevent
reprisals against, any staff member making a
complaint or disclosing information to, or
cooperating in any investigation or inspection
by, the inspector general of the agency.
(E) Compliance with recommendations.--Each
designated specialized agency has in place
procedures designed to ensure compliance with
the recommendations of the inspector general of
the agency.
(F) Availability of reports.--Each designated
specialized agency has in place procedures to
ensure that all annual and other relevant
reports submitted by the inspector general to
the agency are made available to the member
states without modification except to the
extent necessary to protect the privacy rights
of individuals.
(3) Budget practices \6\ for the united nations.--The
United Nations \6\ is implementing budget practices \6\
that--
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\6\ Sec. 401(a)(4)(A) of Public Law 107-228 (116 Stat. 1388) struck
out ``New budget procedures'' in the paragraph heading and inserted in
lieu thereof ``Budget practices''. Sec. 401(a)(4)(B) struck out ``has
established and'', and sec. 401(a)(4)(C) struck out ``procedures'' and
inserted in lieu thereof ``practices'', from the language preceding
subpara. (A). Sec. 401(a)(4)(D) struck out ``require'' from each place
it appeared in subparas. (A) and (B).
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(A) result in \6\ the maintenance of a budget
not in excess of the level agreed to by the
General Assembly at the beginning of each
United Nations budgetary biennium, unless
increases are agreed to by consensus; and
(B) result in \6\ the system-wide
identification of expenditures by functional
categories such as personnel, travel, and
equipment.
(4) Sunset policy for certain united nations
programs.--
(A) Existing authority.--The Secretary
General and the Director General of each
designated specialized agency have used their
existing authorities to require program
managers within the United Nations Secretariat
and the Secretariats of the designated
specialized agencies to conduct evaluations of
United Nations programs approved by the General
Assembly, and of programs of the designated
specialized agencies, in accordance with the
standardized methodology referred to in
subparagraph (B).
(B) Development of evaluation criteria.--
(i) United nations.--The Office of
Internal Oversight Services has
developed a standardized methodology
for the evaluation of United Nations
programs approved by the General
Assembly, including specific criteria
for determining the continuing
relevance and effectiveness of the
programs.
(ii) Designated specialized
agencies.--Patterned on the work of the
Office of Internal Oversight Services
of the United Nations, each designated
specialized agency has developed a
standardized methodology for the
evaluation of the programs of the
agency, including specific criteria for
determining the continuing relevance
and effectiveness of the programs.
(C) Procedures.--Consistent with the July 16,
1997, recommendations of the Secretary General
regarding a sunset policy and results-based
budgeting for United Nations programs, the
United Nations and each designated specialized
agency has established and is implementing
procedures--
(i) requiring the Secretary General
or the Director General of the agency,
as the case may be, to report on the
results of evaluations referred to in
this paragraph, including the
identification of programs that have
met criteria for continuing relevance
and effectiveness and proposals to
terminate or modify programs that have
not met such criteria; and
(ii) authorizing an appropriate body
within the United Nations or the
agency, as the case may be, to review
each evaluation referred to in this
paragraph and report to the General
Assembly on means of improving the
program concerned or on terminating the
program.
(D) United states policy.--It shall be the
policy of the United States to seek adoption by
the United Nations of a resolution requiring
that each United Nations program approved by
the General Assembly, and to seek adoption by
each designated specialized agency of a
resolution requiring that each program of the
agency, be subject to an evaluation referred to
in this paragraph and have a specific
termination date so that the program will not
be renewed unless the evaluation demonstrates
the continuing relevance and effectiveness of
the program.
(E) Definition.--For purposes of this
paragraph, the term ``United Nations program
approved by the General Assembly'' means a
program approved by the General Assembly of the
United Nations which is administered or funded
by the United Nations.
(5) United nations advisory committee on
administrative and budgetary questions.--
(A) In general.--The United States has a seat
on the United Nations Advisory Committee on
Administrative and Budgetary Questions or the
five largest member contributors each have a
seat on the Advisory Committee.
(B) Definition.--As used in this paragraph,
the term ``5 largest member contributors''
means the 5 United Nations member states that,
during a United Nations budgetary biennium,
have more total assessed contributions than any
other United Nations member state to the
aggregate of the United Nations regular budget
and the budget (or budgets) for United Nations
peacekeeping operations.
(6) Access by the general accounting office.--The
United Nations has in effect procedures providing
access by the United States General Accounting Office
to United Nations financial data to assist the Office
in performing nationally mandated reviews of United
Nations operations.
(7) Personnel.--
(A) Appointment and service of personnel.--
The Secretary General--
(i) has established and is
implementing procedures that ensure
that staff employed by the United
Nations is appointed on the basis of
merit consistent with Article 101 of
the United Nations Charter; and
(ii) is enforcing those contractual
obligations requiring worldwide
availability of all professional staff
of the United Nations to serve and be
relocated based on the needs of the
United Nations.
(B) Code of conduct.--The General Assembly
has adopted, and the Secretary General has the
authority to enforce and is effectively
enforcing, a code of conduct binding on all
United Nations personnel, including the
requirement of financial disclosure statements
binding on senior United Nations personnel and
the establishment of rules against nepotism
that are binding on all United Nations
personnel.
(C) Personnel evaluation system.--The United
Nations has adopted and is enforcing a
personnel evaluation system.
(D) Periodic assessments.--The United Nations
has established and is implementing a mechanism
to conduct periodic assessments of the United
Nations payroll to determine total staffing,
and the results of such assessments are
reported in an unabridged form to the General
Assembly.
(E) Review of united nations allowance
system.--The United States has completed a
thorough review of the United Nations personnel
allowance system. The review shall include a
comparison of that system with the United
States civil service system, and shall make
recommendations to reduce entitlements to
allowances and allowance funding levels from
the levels in effect on January 1, 1998.
(8) Reduction in budget authorities.--The designated
specialized agencies have achieved zero nominal growth
in their biennium budgets for 2000-01 from the 1998-99
biennium budget levels of the respective agencies.
(9) Budget practices \7\ and financial regulations.--
The practices of each designated specialized agency--
\7\
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\7\ Sec. 401(a)(5)(A) of Public Law 107-228 (116 Stat. 1388) struck
out ``New budget procedures'' in the paragraph heading and inserted in
lieu thereof ``Budget practices''. Sec. 401(a)(5)(B) of that Act struck
out ``Each designated specialized agency has established procedures
to--'' in the language preceding subpara. (A) and inserted in lieu
thereof ``The practices of each designated specialized agency--'' Sec.
401(a)(5)(C) struck out ``require'' where it appeared in subparas. (A),
(B), and (C) and inserted in lieu thereof ``result in''.
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(A) result in \7\ the maintenance of a budget
that does not exceed the level agreed to by the
member states of the organization at the
beginning of each budgetary biennium, unless
increases are agreed to by consensus;
(B) result in \7\ the identification of
expenditures by functional categories such as
personnel, travel, and equipment; and
(C) result in \7\ approval by the member
states of the agency's supplemental budget
requests to the Secretariat in advance of
expenditures under those requests.
(10) Limitation on assessed share of regular budget
for the designated specialized agencies.--The share of
the total of all assessed contributions for any
designated specialized agency does not exceed 22
percent for any single member of the agency.
Subtitle C--Miscellaneous Provisions
SEC. 951. STATUTORY CONSTRUCTION ON RELATION TO EXISTING LAWS.
Except as otherwise specifically provided, nothing in this
title may be construed to make available funds in violation of
any provision of law containing a specific prohibition or
restriction on the use of the funds, including section 114 of
the Department of State Authorization Act, Fiscal Years 1984
and 1985 (Public Law 98-164; 22 U.S.C. 287e note), section 151
of the Foreign Relations Authorization Act, Fiscal Years 1986
and 1987 (Public Law 99-93; 22 U.S.C. 287e note), and section
404 of the Foreign Relations Authorization Act, Fiscal Years
1994 and 1995 (Public Law 103-236; 22 U.S.C. 287e note).
SEC. 952. PROHIBITION ON PAYMENTS RELATING TO UNIDO AND OTHER
INTERNATIONAL ORGANIZATIONS FROM WHICH THE UNITED
STATES HAS WITHDRAWN OR RESCINDED FUNDING.
None of the funds authorized to be appropriated by this
title shall be used to pay any arrearage for--
(1) the United Nations Industrial Development
Organization;
(2) any costs to merge that organization into the
United Nations;
(3) the costs associated with any other organization
of the United Nations from which the United States has
withdrawn including the costs of the merger of such
organization into the United Nations; or
(4) the World Tourism Organization, or any other
international organization with respect to which
Congress has rescinded funding.
4. United Nations Headquarters Agreement Act \1\
Partial text of Public Law 80-357 [S.J. Res. 144], 61 Stat. 756,
approved August 4, 1947
JOINT RESOLUTION Authorizing the President to bring into effect an
agreement between the United States and the United Nations for the
purpose of establishing the permanent headquarters of the United
Nations in the United States and authorizing the taking of measures
necessary to facilitate compliance with the provisions of such
agreement, and for other purposes.
Whereas the Charter of the United Nations was signed on behalf
of the United States on June 26, 1945, and was ratified on
August 8, 1945, by the President of the United States, by
and with the advice and consent of the Senate, and the
instrument of ratification of said Charter was deposited on
August 8, 1945; and
---------------------------------------------------------------------------
\1\ 22 U.S.C. 287 note.
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Whereas the said Charter of the United Nations came into force
with respect to the United States on October 24, 1945; and
Whereas article 104 of the Charter provides that ``The
Organization shall enjoy in the territory of each of its
Members such legal capacity as may be necessary for the
exercise of its functions and the fulfillment of its
purposes''; and
Whereas article 105 of the Charter provides that:
``1. The Organization shall enjoy in the territory of
each of its Members such privileges and immunities as
are necessary for the fulfillment of its purposes.
``2. Representatives of the Members of the United
Nations and officials of the Organization shall
similarly enjoy such privileges and immunities as are
necessary for the independent exercise of their
functions in connection with the Organization.
``3. The General Assembly may make recommendations
with a view to determining the details of the
application of paragraphs 1 and 2 of this article or
may propose conventions to the Members of the United
Nations for this purpose.''; and
Whereas article 28 and other articles of the Charter of the
United Nations contemplate the establishment of a seat for
the permanent headquarters of the Organization; and
Whereas the interim arrangements concluded on June 26, 1945, by
the governments represented at the United Nations
Conference on International Organization instructed the
Preparatory Commission established in pursuance of the
arrangements to ``make studies and prepare recommendations
concerning the location of the permanent headquarters of
the Organization''; and
Whereas during the labors of the said Preparatory Commission,
the Congress of the United States in H. Con. Res. 75,
passed unanimously by the House of Representatives December
10, 1945, and agreed to unanimously by the Senate December
11, 1945, invited the United Nations ``to locate the seat
of the United Nations Organization within the United
States''; and
Whereas the General Assembly on December 14, 1946, resolved
``that the permanent headquarters of the United Nations
shall be established in New York City in the area bounded
by First Avenue, East Forty-eighth Street, the East River,
and East Forty-second Street''; and
Whereas the General Assembly resolved on December 14, 1946,
``That the Secretary-General be authorized to negotiate and
conclude with the appropriate authorities of the United
States of America an agreement concerning the arrangements
required as a result of the establishment of the permanent
headquarters of the United Nations in the city of New
York'' and to be guided in these negotiations by the
provisions of a preliminary draft agreement which had been
negotiated by the Secretary-General and the Secretary of
State of the United States; and
Whereas the General Assembly resolved on December 14, 1946,
that pending the coming into force of the agreement
referred to above ``the Secretary-General be authorized to
negotiate and conclude arrangements with the appropriate
authorities of the United States of America to determine on
a provisional basis the privileges, immunities, and
facilities needed in connection with the temporary
headquarters of the United Nations''; and
Whereas the Secretary of State of the United States, after
consultation with the appropriate authorities of the State
and city of New York, signed at Lake Success, New York, on
June 26, 1947, on behalf of the United States an agreement
with the United Nations regarding the headquarters of the
United Nations, which agreement is incorporated herein; and
Whereas the aforesaid agreement provides that it shall be
brought into effect by an exchange of notes between the
United States and the Secretary-General of the United
Nations: Therefore, be it
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That the
President is hereby authorized to bring into effect on the part
of the United States the agreement between the United States of
America and the United Nations regarding the headquarters of
the United Nations, signed at Lake Success, New York, on June
26, 1947 (hereinafter referred to as the ``agreement''), with
such changes therein not contrary to the general tenor thereof
and not imposing any additional obligations on the United
States as the President may deem necessary and appropriate, and
at his discretion, after consultation with the appropriate
State and local authorities, to enter into such supplemental
agreements with the United Nations as may be necessary to
fulfill the purposes of the said agreement: Provided, That any
supplemental agreement entered into pursuant to section 5 of
the agreement incorporated herein shall be submitted to the
Congress for approval. The agreement follows: \2\
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\2\ For text of the agreement, see Legislation on Foreign Relations
Through 2005, vol. V.
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* * * * * * *
Sec. 2. For the purpose of carrying out the obligations of
the United States under said agreement and supplemental
agreements with respect to United States assurances that the
United Nations shall not be dispossessed of its property in the
headquarters district, and with respect to the establishment of
radio facilities and the possible establishment of an airport:
(a) The President of the United States, or any official or
governmental agency authorized by the President, may acquire in
the name of the United States any property or interest therein
by purchase, donation, or other means of transfer, or may cause
proceedings to be instituted for the acquisition of the same by
condemnation.
(b) Upon the request of the President, or such officer as the
President may designate, the Attorney General of the United
States shall cause such condemnation or other proceedings to be
instituted in the name of the United States in the district
court of the United States for the district in which the
property is situated and such court shall have full
jurisdiction of such proceedings, and any condemnation
proceedings shall be conducted in accordance with the Act of
August 1, 1888 (25 Stat. 357), as amended, and the Act of
February 26, 1931 (46 Stat. 1421), as amended.
(c) After the institution of any such condemnation
proceedings, possession of the property may be taken at any
time the President, or such officer as he may designate,
determines is necessary, and the court shall enter such orders
as may be necessary to effect entry and occupancy of the
property.
(d) The President of the United States, or any officer or
governmental agency duly authorized by the President, may, in
the name of the United States, transfer or convey possession of
and title to any interest in any property acquired or held by
the United States, pursuant to paragraph (a) above, to the
United Nations on the terms provided in the agreement or in any
supplemental agreement, and shall execute and deliver such
conveyances and other instruments and perform such other acts
in connection therewith as may be necessary to carry out the
provisions of the agreement.
(e) There are authorized to be appropriated, out of any money
in the Treasury not otherwise appropriated, such sums as may be
required to enable the United States to carry out the
undertakings hereby authorized: Provided, That any money
appropriated under this authorization shall be spent only on a
basis of reimbursement by the United Nations in accordance with
section 3 of the agreement, and that the money thus reimbursed
shall be deposited and covered into the Treasury of the United
States as miscellaneous receipts.
Sec. 3. The President, or the Secretary of State under his
direction, is authorized to enter into agreements with the
State of New York or any other State of the United States and
to the extent not inconsistent with State law, with any one or
more of the political subdivisions thereof in aid of
effectuating the provisions of the agreement.
Sec. 4. Any States, or, to the extent not inconsistent with
State law, any political subdivisions thereof, affected by the
establishment of the headquarters of the United Nations in the
United States are authorized to enter into agreements with the
United Nations or with each other consistent with the agreement
and for the purpose of facilitating compliance with the same:
Provided, That, except in cases of emergency and agreements of
a routine contractual character, a representative of the United
States, to be appointed by the Secretary of State, may, at the
discretion of the Secretary of State, participate in the
negotiations, and that any such agreement entered into by such
State or States or political subdivisions thereof shall be
subject to approval by the Secretary of State.
Sec. 5. The President is authorized to make effective with
respect to the temporary headquarters of the United Nations in
the State of New York, on a provisional basis, such of the
provisions of the agreement as he may deem appropriate, having
due regard for the needs of the United Nations at its temporary
headquarters.
Sec. 6. Nothing in the agreement shall be construed as in any
way diminishing, abridging, or weakening the right of the
United States to safeguard its own security and completely to
control the entrance of aliens into any territory of the United
States other than the headquarters district and its immediate
vicinity, as to be defined and fixed in a supplementary
agreement between the Government of the United States and the
United Nations in pursuance of section 13(3)(e) of the
agreement, and such areas as it is reasonably necessary to
traverse in transit between the same and foreign countries.
Moreover, nothing in section 14 of the agreement with respect
to facilitating entrance into the United States by persons who
wish to visit the headquarters district and do not enjoy the
right of entry provided in section 11 of the agreement shall be
construed to amend or suspend in any way the immigration laws
of the United States or to commit the United States in any way
to effect any amendment or suspension of such law.
5. U.S. Participation in Certain International Organizations
Partial text of Public Law 81-806 [H.J. Res. 334], 64 Stat. 902,
approved September 21, 1950; as amended by Public Law 107-228 [Foreign
Relations Authorization Act, Fiscal Year 2003; H.R. 1646], 116 Stat.
1350, approved September 30, 2002
JOINT RESOLUTION To amend certain laws providing for membership and
participation by the United States in certain international
organizations.
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That the
following laws of the United States are hereby amended in the
following particulars: * * * \1\
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\1\ This resolution raised funding authorizations for U.S.
participation in international organizations: American International
Institute for the Protection of Childhood (22 U.S.C. 269b--obsolete),
United Nations Food and Agricultural Organization (22 U.S.C. 279a),
South Pacific Commission (22 U.S.C. Supp. III, 280b(a)), World Health
Organization (22 U.S.C. Supp. III, 290b), and International Labour
Conference, International Labor Organization (22 U.S.C. Supp. III,
272a(a) and (b)).
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Sec. 2.\2\ All financial contributions by the United States
to the normal operations of the international organizations
covered by this Act, which member states are obligated to
support annually, shall be limited to the amounts provided in
this Act: Provided, That contributions for special projects not
regularly budgeted by such international organizations shall
not be subject to the above limitation.
---------------------------------------------------------------------------
\2\ 22 U.S.C. 262a.
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All financial contributions by the United States to
international organizations in which the United States
participates as a member shall be made by or with the consent
of the Department of State regardless of the appropriation from
which any such contributions is made.\3\
---------------------------------------------------------------------------
\3\ Sec. 405(b)(1) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1391), struck out the
last sentence of sec. 2, which had read, ``The Secretary of State shall
report annually to the Congress on the extent and disposition of such
contributions.''.
6. Appropriations Limitation on Contributions to International
Organizations
Partial text of Public Law 92-544 [H.R. 14989], 86 Stat. 1109, approved
October 25, 1972
AN ACT Making appropriations for the Departments of State, Justice and
Commerce, the Judiciary, and related agencies for the fiscal year
ending June 30, 1973, 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 Departments of
State, Justice, and Commerce, the Judiciary, and related
agencies for the fiscal year ending June 30, 1973, and for
other purposes, namely:
* * * * * * *
contributions to international organizations \1\
* * * Provided, That after December 31, 1973, no
appropriation is authorized and no payment shall be made to the
United Nations or any affiliated agency in excess of 25 per
centum \1\ of the total annual assessment of such organization.
Appropriations are authorized and contributions and payments
may be made to the following organizations and activities
notwithstanding that such contributions and payments are in
excess of 25 per centum of the total annual assessment of the
respective organization or 33\1/3\ per centum of the budget for
the respective activity: the International Atomic Energy
Agency, the joint financing program of the International Civil
Aviation Organization, and contributions for international
peacekeeping activities conducted by or under the auspices of
the United Nations or through multilateral agreements.\2\
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\1\ See the Department of State Appropriation Act, 1953 (title I of
the Departments of State, Justice, Commerce, and The Judiciary
Appropriation Act, 1953; Public Law 82-495; 66 Stat. 550), which also
restricts contributions to international organizations not exempted. It
reads as follows:
``No representative of the United States Government in any
international organization after fiscal year 1953 shall make any
commitment requiring the appropriation of funds for a contribution by
the United States in excess of 33\1/2\ per centum of the budget of any
international organization for which the appropriation for the United
States contribution is contained in this Act: Provided, That in
exceptional circumstances necessitating a contribution by the United
States in excess of 33\1/3\ per centum of the budget, a commitment
requiring a United States appropriation of a larger proportion may be
made after consultation by United States representatives in the
organization or other appropriate officials of the Department of State
with the Committees on Appropriations of the Senate and House of
Representatives; Provided, however, That this section shall not apply
to the United States representatives to the Inter-American
organizations, Caribbean Commission and the Joint Support program of
the International Civil Aviation Organization.''.
This provision, minus the last sentence, first appeared in sec. 602
of the Departments of State, Justice, Commerce, and the Judiciary
Appropriation Act, 1952 (Public Law 83-188; 65 Stat. 599; October 22,
1951). See 22 U.S.C. 262b.
The Department of State Appropriation Act, 1954 (Public Law 83-195;
67 Stat. 368) added the exemption granted to the Caribbean Commission
and the Joint Support program of the International Civil Aviation
Organization.
Note: In addition, there are specific legislative limitations on
the percentage contribution of the United States to the following
organizations:
(1) 33\1/3\ percent to the World Health Organization (Act of July
14, 1948; 22 U.S.C. 290b). However, sec. 103 of the Foreign Relations
Authorization Act, Fiscal Year 1978 (91 Stat. 844), stated that
notwithstanding the provisions of Public Law 92-544, $7,281,583 of the
FY 1978 appropriation authorization for ``International Organizations
and Conferences'' is authorized to be paid to the World Health
Organization for any unpaid balance of the U.S. assessed contribution
to such organization for the calendar years 1974 through 1977.
(2) 33\1/3\ percent to the Food and Agriculture Organization (Act
of July 31, 1945; 22 U.S.C. 279a);
(3) 25 percent to the International Labor Organization (Act of June
30, 1948; 22 U.S.C. 272a);
(4) 25 percent to the NATO Parliamentary Conference (Act of July
11, 1956; 22 U.S.C. 1928b); and
(5) Not to exceed 20 per centum of the total contributions assessed
for any period to administer the International Coffee Agreement (TIAS
5505, 14 UST 1911, September 28, 1962), and such amount shall not
exceed $150,000 for any fiscal year, to the International Coffee
Organization (sec. 6 of Public Law 89-23; 79 Stat. 113; approved May
22, 1965). However, sec. 428 of Public Law 103-236 provides that no
funds authorized to be appropriated by that Act may be made available
for the ICO.
See also secs. 114 and 115 of the Department of State Authorization
Act, Fiscal Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1020),
which provided other limitations on certain U.S. contributions to
international organizations.
\2\ Sec. 203 of the Foreign Relations Authorization Act, Fiscal
Year 1976 (Public Law 94-141), inserted a period after
``organization'', struck out the text following it, and inserted the
language beginning with ``Appropriations are authorized''. Formerly,
the section following ``organization'' read ``except that this proviso
shall not apply to the International Atomic Energy Agency and to the
joint financing program of the International Civil Aviation
Organization.''.
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* * * * * * *
7. U.N. Provisions in Foreign Relations Authorization Acts
Note.--For provisions in recent Foreign Relations
Authorization Act relating to the United Nations, see:
--Foreign Relations Authorization Act, Fiscal Year
2003, division A, title IV (Public Law 107-228; 116
Stat. 1387);
--Admiral James W. Nance and Meg Donovan Foreign
Relations Authorization Act, Fiscal Years 2000 and
2001, especially title VII, subtitle B (H.R. 3427, as
enacted by sec. 1000(a)(7) of Public Law 106-113; 113
Stat. 1501A-462);
--Foreign Relations Authorization Act, Fiscal Years
1994 and 1995, especially title IV, part A (Public Law
103-236; 108 Stat. 382);
--Foreign Relations Authorization Act, Fiscal Years
1992 and 1993, secs. 161, 170, 174, 175, 192, 212, and
364 (Public Law 102-138; 105 Stat. 647);
--Foreign Relations Authorization Act, Fiscal Years
1990 and 1991, secs. 406 through 408 (Public Law 101-
246; 104 Stat. 15);
--Foreign Relations Authorization Act, Fiscal Years
1988 and 1989, title VII and sec. 1211 (Public Law 100-
204; 101 Stat. 1331);
--Foreign Relations Authorization Act, Fiscal Years
1986 and 1987, sec. 151 (Public Law 99-93; 99 Stat.
405);
--Department of State Authorization Act, Fiscal Years
1984 and 1985, secs. 113 through 116, 118, and 119
(Public Law 98-164; 97 Stat. 1017);
--Department of State Authorization Act, Fiscal Years
1982 and 1983, secs. 104, 108, and 109 (Public Law 97-
241; 96 Stat. 273);
--Foreign Relations Authorization Act, Fiscal Year
1979, secs. 103 and 609 (Public Law 95-426; 92 Stat.
963);
--Foreign Relations Authorization Act, Fiscal Year
1978, sec. 503 (Public Law 95-105; 91 Stat. 844); and
--Foreign Relations Authorization Act, Fiscal Year
1976, secs. 205 and 503 (Public Law 94-141; 89 Stat.
756).
8. United Nations Peacekeeping Forces in the Middle East
Public Law 94-37 [S. 818], 89 Stat. 216, approved June 19, 1975; as
amended by Public Law 99-93 [Foreign Relations Authorization Act,
Fiscal Years 1986 and 1987; H.R. 2068], 99 Stat. 408, approved August
16, 1985
AN ACT To authorize United States payments to the United Nations for
expenses of the United Nations peacekeeping forces in the Middle East,
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
Secretary of State may, to the extent funds are authorized and
appropriated for this purpose, make payments of \1\ such sums
as may be necessary from time to time for payment by the United
States of its share of the expenses of the United Nations
peacekeeping forces in the Middle East, as apportioned by the
United Nations in accordance with article 17 of the United
Nations Charter, notwithstanding the limitation on
contributions to international organizations contained in
Public Law 92-544 (86 Stat. 1109).\2\
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\1\ Sec. 103 of the Foreign Relations Authorization Act, Fiscal
Years 1986 and 1987 (Public Law 99-93; 99 Stat. 408) struck out ``there
is hereby authorized to be appropriated to the Department of State''
and inserted in lieu thereof ``the Secretary of State may, to the
extent funds are authorized and appropriated for this purpose, make
payments of''.
\2\ The Department of State Appropriation Act, 1980 (title I of the
Departments of State, Justice, Commerce, the Judiciary, and Related
Agencies Appropriation Act, 1980; Public Law 96-68; 93 Stat. 417),
appropriated $67,000,000 for U.S. payment to the United Nations
peacekeeping forces in the Middle East.
9. Response to United Nations Resolution on Zionism
Note.--On December 16, 1991, the United Nations
General Assembly voted to ``revoke the determination
contained in its resolution 3379 (XXX) of 10 November
1975'', making obsolete those Public Laws and
resolutions calling for the repeal of Resolution 3379:
Public Law 101-317 [S.J. Res. 246], 104 Stat. 285,
approved June 29, 1990; Public Law 100-169 [S.J. Res.
205], 101 Stat. 913, approved November 17, 1987; Public
Law 99-90 [S.J. Res. 98], 99 Stat. 385, approved August
15, 1985; House Resolution 855, 94th Congress, agreed
to November 11, 1975; Senate Resolution 288, 94th
Congress, agreed to October 28, 1975, and Senate
Concurrent Resolution 73, 94th Congress, agreed to
November 12, 1975.
10. United Nations Environment Program Participation Act of 1973
Public Law 93-188 [H.R. 6788], 87 Stat. 713, approved December 15, 1973
AN ACT To provide for participation by the United States in the United
Nations environment program.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act may be cited as the ``United Nations Environment Program
Participation Act of 1973''.
Sec. 2. It is the policy of the United States to
participate in coordinated international efforts to solve
environmental problems of global and international concern, and
in order to assist the implementation of this policy, to
contribute funds to the United Nations Environmental Fund for
the support of international measures to protect and improve
the environment.
Sec. 3. There is authorized to be appropriated $40,000,000
for contributions to the United Nations Environment Fund, which
amount is authorized to remain available until expended, and
which may be used upon such terms and conditions as the
President may specify: Provided, That not more than $10,000,000
may be appropriated for use in fiscal year 1974.\1\
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\1\ The Foreign Assistance Appropriations Act, 1977, provided $10
million for necessary expenses to carry out the provisions of sec. 2.
11. Support of Peaceful Settlement of Disputes
Executive Order 10206, January 19, 1951, 16 F.R. 529, 22 U.S.C. 287d-1
note.
By virtue of the authority vested in me by the Constitution
and the statutes, including the United Nations Participation
Act of 1945 (59 Stat. 619), as amended, hereinafter referred to
as the Act, and the act of August 8, 1950 (Public Law 673, 81st
Congress), and as President of the United States, it is hereby
ordered as follows:
1. The Secretary of State, upon the request by the United
Nations for cooperative action, and to the extent that he finds
that it is consistent with the national interest to comply with
such request, is authorized, in support of such activities of
the United Nations as are specifically directed to the peaceful
settlement of disputes and are not involving the employment of
armed forces contemplated by Chapter VII of the United Nations
Charter, to request the Secretary of Defense to detail
personnel of the armed forces to the United Nations, and to
furnish facilities, services, or other assistance and to loan
supplies and equipment to the united Nations in an agreed fair
share of the United States under such terms and conditions as
the Secretary of State and the Secretary of Defense shall
jointly determine and in accordance with and subject to the
provisions of paragraphs (1), (2), and (3) of section 7(a) of
the Act, and the Secretary of Defense is authorized to comply
with the request of the Secretary of State, giving due regard
to the requirements of the national defense.
2. The Secretary of State, in accordance with and subject
to the provisions of section 7(b) of the Act, shall require
reimbursement from the United Nations for the expense thereby
incurred by the United States whenever personnel or assistance
is made available to the United Nations except that in
exceptional circumstances or when the Secretary of State finds
it to be in the national interest, he may, after consultation
with the Secretary of Defense, waive, in whole or in part, the
requirement of such reimbursement.
3. The Secretary of Defense, in accordance with and subject
to the provisions of section 7(a)(1) of the Act, may authorize
personnel of the armed forces detailed to the United Nations to
accept directly from the United Nations (a) any or all of the
allowances or perquisites to which they are entitled under the
first proviso of section 7(a)(1) of the Act, and (b)
extraordinary expenses and perquisites incident to such detail.
12. Privileges and Immunities
a. International Organizations Immunities Act, as amended
Partial text of Public Law 79-291 [H.R. 4489], 59 Stat. 669, approved
December 29, 1945; as amended by Public Law 89-353 [H.R. 8210], 80
Stat. 5, approved February 2, 1966; Public Law 93-161 [H.R. 8219], 87
Stat. 635, approved November 27, 1973; Public Law 96-60 [Department of
State Authorization Act, Fiscal Years 1980 and 1981; H.R. 3363], 93
Stat. 403, approved August 15, 1979; Public Law 98-164 [Department of
State Authorization Act, Fiscal Years 1984 and 1985; H.R. 2159], 97
Stat. 1017 at 1023, approved November 22, 1983; Public Law 100-204
[Foreign Relations Authorization Act, Fiscal Years 1988 and 1989; H.R.
1777], 101 Stat. 1331, approved December 22, 1987; Public Law 100-362
[International Organizations Immunities Act: Organization of Eastern
Caribbean States; H.R. 4162], 102 Stat. 819, approved July 6, 1988;
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 105-277 [Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999; H.R. 4328], 112 Stat. 2681, approved October
21, 1998; Public Law 107-278 [H.R. 3656], 116 Stat. 1939, approved
November 5, 2002; Public Law 108-199 [Consolidated Appropriations Act,
2004; H.R. 2673], 118 Stat. 3, approved January 23, 2004; Public Law
108-447 [Consolidated Appropriations Act, 2005; H.R. 4818], 118 Stat.
2809, approved December 8, 2004; Public Law 108-497 [Comprehensive
Peace in Sudan Act of 2004; S. 2781], 118 Stat. 4012, approved December
23, 2004; and Public Law 109-472 [Department of State Authorities Act
of 2006; H.R. 6060], 120 Stat. 3554, approved January 11, 2007
AN ACT To extend certain privileges, exemptions, and immunities to
international organizations and to the officers and employees thereof,
and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
TITLE I
Section 1.\1\ For the purposes of this title the term
``International organization'' means a public international
organization in which the United States participates pursuant
to any treaty or under the authority of any Act of Congress
authorizing such participation or making an appropriation for
such participation, and which shall have been designated by the
President through appropriate Executive order as being entitled
to enjoy the privileges, exemptions, and immunities herein
provided. The President shall be authorized, in the light of
the functions performed by any such international organization,
by appropriate Executive order to withhold or withdraw from any
such organization or its officers or employees any of the
privileges, exemptions, and immunities provided for in this
title (including the amendments made by this title) or to
condition or limit the enjoyment by any such organization or
its officers or employees of any such privilege, exemption, or
immunity. The President shall be authorized, if in his judgment
such action should be justified by reason of the abuse by an
international organization or its officers and employees of the
privileges, exemptions, and immunities herein provided or for
any other reason, at any time revoke the designation of any
international organization under this section, whereupon the
international organization in question shall cease to be
classed as an international organization for the purposes of
this title.\2\
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\1\ 22 U.S.C. 288.
\2\ The international organizations listed below this note are
currently designated by the President as public international
organizations entitled to enjoy the privileges, exemptions and
immunities of the International Organizations Immunities Act.
Sec. 283 of the Federal Agriculture Improvement and Reform Act of
1996 (Public Law 104-127; 110 Stat. 980; 22 U.S.C. 288 note) provided
the following:
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``sec. 283. international cotton advisory committee.
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``(a) In General.--The President shall ensure that the Government
of the United States participates as a full member of the International
Cotton Advisory Committee.
``(b) Representation by the Secretary.--The Secretary of
Agriculture shall represent the Government of the United States as a
member of the International Cotton Advisory Committee and shall
delegate the primary responsibility to represent the Government of the
United States to appropriately qualified individuals.''.
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Executive Order
No. Date Organization
------------------------------------------------------------------------
9698............ February 19, 1946 The Food and
Agriculture
Organization.
The International
Labor Organization.
The United Nations.
9751............ July 11, 1946 Inter-American
Institute of
Agricultural
Sciences.
Inter-American
Statistical
Institute.
International Bank
for Reconstruction
and Development.
International
Monetary Fund.
9823............ January 24, 1947 International Wheat
Advisory Committee.
(International Wheat
Council.)
9863............ May 31, 1947 United Nations
Educational,
Scientific, and
Cultural
Organization.
International Civil
Aviation
Organization.
International
Telecommunication
Union.
9911............ December 10, 1947 International Cotton
Advisory Committee.
9972............ June 25, 1948 International Joint
Commission, United
States and Canada.
10025........... December 30, 1948 World Health
Organization.
10086........... November 25, 1949 South Pacific
Commission.
10133........... June 27, 1950 Organization for
European Economic
Cooperation.
10228........... March 26, 1951 Inter-American
Defense Board.
10335........... March 28, 1952 Provisional
Intergovernmental
Committee for the
Movement of Migrants
from Europe (now the
Intergovernmental
Committee for
European Migration).
10533........... June 3, 1954 Organization of
American States
(includes the Pan
American Union,
previously
designated February
19, 1946, by
Executive Order No.
9698).
10676........... September 1, 1956 World Meteorological
Organization.
10680........... October 2, 1956 International Finance
Corporation.
10727........... August 31, 1957 International Atomic
Energy Agency
(included the
Preparatory
Commission of the
International Atomic
Energy Agency).
Universal Postal
Union.
10769........... May 20, 1958 International
Hydrographic Bureau.
10795........... December 13, 1958 Intergovernmental
Maritime
Consultative
Organization.
10864........... February 18, 1960 Pan American Health
Organization
(includes the Pan
American Sanitary
Bureau, previously
designated July 11,
1946, by Executive
Order No. 9751).
10873........... April 8, 1960 Inter-American
Development Bank.
10983........... December 30, 1961 Caribbean
Organization.
11059........... October 23, 1962 Inter-American
Tropical Tuna
Commission.
Great Lakes Fishery
Commission.
International Pacific
Halibut Commission.
11225........... May 22, 1965 International Coffee
Organization.
11227........... June 2, 1965 Interim
Communications
Satellite Committee.
11277........... April 30, 1966 International
Telecommunications
Satellite
Consortium.
11283........... May 27, 1966 International Cotton
Institute.
11334........... March 7, 1967 Asian Development
Bank.
11363........... July 20, 1967 International
Secretariat for
Volunteer Service.
11372........... September 18, 1967 Lake Ontario Claims
Tribunal (status
revoked by Executive
Order 11439,
December 7, 1968).
11484........... September 29, 1969 United International
Bureau for the
Protection of
Intellectual
Property (BIRPI).
11596........... June 5, 1971 Customs Cooperation
Council.
11718........... May 14, 1973 International
Telecommunications
Satellite
Organization.
11760........... January 17, 1974 European Space Agency
(superseding
Executive Orders
11318 and 11351).
11866........... June 20, 1975 World Intellectual
Property
Organization.
11966........... January 19, 1977 International
Development
Association.
International Centre
for Settlement of
Investment Disputes.
International
Telecommunications
Satellite
Organization.
11977........... March 14, 1977 The African
Development Fund.
The International
Fertilizer
Development Center.
12238........... September 12, 1980 International
Maritime Satellite
Organization.
12359........... April 22, 1982 The Multinational
Force and Observers.
The International
Food Policy Research
Institute (except
for those provided
by sec. 2(a)-(c),
the last clause of
sec. 2(d), and sec.
7(b).
12403........... February 8, 1983 The African
Development Bank.
12425........... June 16, 1983 The International
Criminal Police
Organization (except
for those provided
by sec. 2(c), the
portions of secs.
2(d) and 3 relating
to customs duties
and federal internal-
revenue importation
taxes, and secs. 4
through 6).
12467........... March 2, 1984 The International
Boundary and Water
Commission, United
States and Mexico.
12508........... March 22, 1985 World Tourism
Organization.
12567........... October 2, 1986 Inter-American
Investment
Corporation.
Commission for the
Study of
Alternatives to the
Panama Canal.
Pacific Salmon
Commission
12628........... March 8, 1988 United Nations
Industrial
Development
Organization.
12643........... June 23, 1988 International
Committee of the Red
Cross.
12647........... August 2, 1988 Multilateral
Investment Guarantee
Organization.
12651........... September 9, 1988 Offices of the
Commission of the
European
Communities.
12669........... February 20, 1989 Organization of
Eastern Caribbean
States.
12732........... October 31, 1990 International Fund
for Agricultural
Development.
12766........... June 18, 1991 European Bank for
Reconstruction and
Development.
European Space
Agency.
12842........... March 29, 1993 International
Development Law
Institute.
12894........... January 26, 1994 North Pacific Marine
Science
Organization.
12895........... January 26, 1994 North Pacific
Anadromous Fish
Commission.
12904........... March 16, 1994 Commission for
Environmental
Cooperation.
Commission for Labor
Cooperation.
Border Environment
Cooperation
Commission.
North American
Development Bank.
12956........... March 13, 1995 Israel-United States
Binational
Industrial Research
and Development
Foundation.
12986........... January 18, 1996 International Union
for Conservation of
Nature and Natural
Resources (except
for those provided
by sec. 2(b), 2(c),
and 7(b)).
12997........... April 1, 1996 Korean Peninsula
Energy Development
Organization.
13029........... December 3, 1996 Organization for
Security and
Cooperation in
Europe (formerly the
Conference on
Security and
Cooperation in
Europe, change
effective January 1,
1995).
13042........... April 9, 1997 World Trade
Organization.
13049........... June 11, 1997 Organization for the
Prohibition of
Chemical Weapons.
13052........... June 30, 1997 Hong Kong Economic
and Trade Offices.
13097........... August 7, 1998 Interparliamentary
Union.
13240........... December 18, 2001 Council of Europe in
Respect of the Group
of States Against
Corruption
13307........... May 29, 2003 European Central Bank
13367........... December 21, 2004 United States-Mexico
Border Health
Commission
13377........... April 13, 2005 African Union
(revokes prior
designation of the
Organization of
African Unity,
Executive Order
11767, February 19,
1974)
13395........... January 13, 2006 Global Fund To Fight
AIDS, Tuberculosis
and Malaria
13451........... November 19, 2007 ITER International
Fusion Energy
Organization
------------------------------------------------------------------------
Sec. 2.\3\ International organizations shall enjoy the
status, immunities, exemptions, and privileges set forth in
this section, as follows:
---------------------------------------------------------------------------
\3\ 22 U.S.C. 288a.
---------------------------------------------------------------------------
(a) International organizations shall, to the extent
consistent with the instrument creating them, possess the
capacity--
(i) to contract;
(ii) to acquire and dispose of real and personal
property;
(iii) to institute legal proceedings.
(b) International organizations, their property and their
assets, wherever located, and by whomsoever held, shall enjoy
the same immunity from suit and every form of judicial process
as is enjoyed by foreign governments, except to the extent that
such organizations may expressly waive their immunity for the
purposes of any proceedings or by the terms of any contract.
(c) Property and assets of international organizations,
wherever located and by whomsoever held, shall be immune from
search, unless such immunity be expressly waived, and from
confiscation. The archives of international organizations shall
be inviolable.
(d) Insofar as concerns customs duties and internal-revenue
taxes imposed upon or by reason of importation, and the
procedures in connection therewith; the registration of foreign
agents; and the treatment of official communications, the
privileges, exemptions, and immunities to which international
organizations shall be entitled shall be those accorded under
similar circumstances to foreign governments.
Sec. 3.\4\ Pursuant to regulations prescribed by the
Commissioner of Customs with approval of the Secretary of the
Treasury, the baggage and effects of aliens, officers and
employees of international organizations, or of aliens
designated by foreign governments to serve as their
representatives in or to such organizations, or of the
families, suites, and servants of such officers, employees, or
representatives shall be admitted (when imported in connection
with the arrival of the owner) free of customs duties and free
of internal-revenue taxes imposed upon or by reason of
importation.
---------------------------------------------------------------------------
\4\ 22 U.S.C. 288b.
---------------------------------------------------------------------------
Sec. 4.\5\ The Internal Revenue Code is hereby amended as
follows: * * *
---------------------------------------------------------------------------
\5\ Sec. 4 amended title 26 of the U.S. Code at secs. 892, 893(a),
3121(b)(15), 3306(c)(16), 3401(a)(5), 4253(c), 4263(b), 4272A(d) (later
repealed by sec. 4(a) of Public Law 85-475 (72 Stat. 260)), and
7701(a)(18).
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Sec. 5. (a) \6\ Effective January 1, 1946, section 209(b)
of the Social Security Act, defining the term ``employment''
for the purposes of title II of the Act, is amended (1) by
striking out the word ``or'' at the end of paragraph (14), (2)
by striking out the period at the end of paragraph (15) and
inserting in lieu thereof a semicolon and the word ``or'', and
(3) by inserting at the end of the subsection the following new
paragraph:
---------------------------------------------------------------------------
\6\ 42 U.S.C. 410(a)(15).
---------------------------------------------------------------------------
``(16) Service performed in the employ of an
international organization entitled to enjoy
privileges, exemptions, and immunities as an
international organization under the International
Organizations Immunities Act.''
(b) \7\ No taxes shall be collected under title VIII or IX
of the Social Security Act or under the Federal Insurance
Contributions Act or the Federal Unemployment Tax Act, with
respect to services rendered prior to January 1, 1946, which
are described in paragraph (16) of sections 1426(b) and 1607(c)
of the Internal Revenue Code, as amended, and any such tax
heretofore collected (included penalty and interest with
respect thereto, if any) shall be refunded in accordance with
the provisions of law applicable in the case of erroneous or
illegal collection of the tax. No interest shall be allowed or
paid on the amount of any such refund. No payment shall be made
under title II of the Social Security Act with respect to
services rendered prior to January 1, 1946, which are described
in paragraph (16) of section 209(b) of such Act, as amended.
---------------------------------------------------------------------------
\7\ 26 U.S.C. 3101 note, 42 U.S.C. 401 note.
---------------------------------------------------------------------------
Sec. 6.\8\ International organizations shall be exempt from
all property taxes imposed by, or under the authority of, any
Act of Congress, including such Acts as are applicable solely
to the District of Columbia or the Territories.
---------------------------------------------------------------------------
\8\ 22 U.S.C. 288c.
---------------------------------------------------------------------------
Sec. 7.\9\ (a) Persons designated by foreign governments to
serve as their representatives in or to international
organizations and the officers and employees of such
organizations, and members of the immediate families of such
representatives, officers, and employees residing with them,
other than nationals of the United States, shall, insofar as
concerns laws regulating entry into and departure from the
United States, alien registration and fingerprinting, and the
registration of foreign agents, be entitled to the same
privileges, exemptions, and immunities as are accorded under
similar circumstances to officers and employees, respectively,
of foreign governments, and members of their families.
---------------------------------------------------------------------------
\9\ 22 U.S.C. 288d.
---------------------------------------------------------------------------
(b) Representatives of foreign governments in or to
international organizations and officers and employees of such
organizations shall be immune from suit and legal process
relating to acts performed by them in their official capacity
and falling within their functions as such representatives,
officers, or employees except insofar as such immunity may be
waived by the foreign government or international organization
concerned.
(c) \10\ Section 3 of the Immigration Act approved March
26, 1924, as amended (U.S.C., title 8, sec. 203), is hereby
amended * * *
---------------------------------------------------------------------------
\10\ Sec. 101(a)(15) of the Immigration and Nationality Act of June
27, 1952 (Public Law 82-414; 66 Stat. 167; 8 U.S.C. 1101(a)(15))
repealed and replaced sec. 3 of the Immigration Act of May 26, 1924
(Public Law 68-139; 43 Stat. 154). See sec. 101(a)(15)(G) of the
Immigration and Nationality Act of June 27, 1952 (8 U.S.C.
1101(a)(15)(G)), which provides the following:
``(G)(i) a designated principal resident representative of a
foreign government recognized de jure by the United States, which
foreign government is a member of an international organization
entitled to enjoy privileges, exemptions, and immunities as an
international organization under the International Organizations
Immunity Act (55 Stat. 669), accredited resident members of the staff
of such representatives, and members of his or their immediate family;
``(ii) other accredited representatives of such a foreign
government to such international organizations, and the members of
their immediate families;
``(iii) an alien able to qualify under (i) or (ii) above except for
the fact that the government of which such alien is an accredited
representative is not recognized de jure by the United States, or that
the government of which he is an accredited representative is not a
member of such international organization, and the members of his
immediate family;
``(iv) officers, or employees of such international organizations,
and the members of their immediate families;
``(v) attendants, servants, and personal employees of any such
representative, officer, or employee, and the members of the immediate
families of such attendants, servants, and personal employees;''.
Sec. 101(a)(15) established twenty-two categories of
``nonimmigrant'' aliens (aliens admitted to the United States on a
temporary basis, not for permanent residence here, and therefore not
subject to quota restrictions). These are: Class A, Foreign government
officials; Class B, Temporary visitors; Class C, Transit aliens
(including aliens entitled to pass in transit to and from the United
Nations headquarters in New York City); Class D, Crewmen; Class E,
Treaty traders and treaty investors; Class F, Students; Class G,
International organizations personnel; Class H, Temporary workers with
particular skills; Class I, Foreign correspondents; Class J,
Participants in a program designated by the Director of the United
States Information Agency; Class K, Fiancee or fiance of a U.S. citizen
entering to conclude a marriage, or one who has married a U.S. citizen;
Class L, Temporary workers previously employed in the United States;
Class M, Students in vocational training; Class N, Parent of an alien
with special immigrant status; Class O, Person with extraordinary
ability in science, art, education, business, or athletics, or that
person's accompanist; Class P, Athlete or performer; Class Q, Cultural
exchange participant; Class R, Member of religious denomination with
organization in United States; Class S, Informant critical to Federal
or State law enforcement officials or critical to investigation of
terrorism; Class T, Person who is a victim of a severe form of
trafficking in persons; Class U, Person who has suffered substantial
physical or mental abuse of certain kinds; and Class V, Beneficiary of
a certain petition.
---------------------------------------------------------------------------
(d) \11\ Section 15 of the Immigration Act approved May 26,
1924, as amended (U.S.C., title 8, sec. 215), is hereby amended
to read as follows: * * *
---------------------------------------------------------------------------
\11\ Secs. 102, 214, and 241 of the Immigration and Nationality Act
of June 27, 1952 (Public Law 82-414; 66 Stat. 173, 189, 204; 8 U.S.C.
1102, 1184, 1251(e)) repealed and replaced sec. 15 of the Immigration
Act of May 26, 1924 (Public Law 68-139; 43 Stat. 162; 8 U.S.C. 215).
See sec. 102 of the Immigration and Nationality Act of June 27, 1952 (8
U.S.C. 1102), as amended, which provides the following:
``Sec. 102. Except as otherwise provided in this Act, for so long
as they continue in the nonimmigrant classes enumerated in this
section, the provisions of this Act relating to ineligibility to
receive visas and the exclusion or deportation of aliens shall not be
construed to apply to nonimmigrants--
``(1) within the class described in paragraph (15)(A)(i) of section
101(a), except those provisions relating to reasonable requirements of
passports and visas as a means of identification and documentation
necessary to establish their qualifications under such paragraph
(15)(A)(i), and, under such rules and regulations as the President may
deem to be necessary the provisions of subparagraphs (A) through (C) of
section 212(a)(3);
``(2) within the class described in paragraph (15)(G)(i) of section
101(a), except those provisions relating to reasonable requirements of
passports and visas as a means of identification and documentation
necessary to establish their qualifications under such paragraph
(15)(G)(i), and the provisions of subparagraphs (A) through (C) of
section 212(a)(3); and
``(3) within the classes described in paragraphs (15)(A)(ii),
(15)(G)(ii), (15)(G)(iii), or (15)(G)(iv) of section 101(a), except
those provisions relating to reasonable requirements of passports and
visas as a means of identification and documentation necessary to
establish their qualifications under such paragraphs, and the
provisions of subparagraphs (A) through (C) of section 212(a)(3).''.
Sec. 212 of the Immigration and Nationality Act of June 27, 1952 (8
U.S.C. 1182), set forth the various classes of aliens to be excluded
from admission to the United States. See particularly sec. 212(a)(3),
relating to security and related grounds.
---------------------------------------------------------------------------
Sec. 8.\12\ (a) No person shall be entitled to the benefits
of this title unless he (1) shall have been duly notified to
and accepted by the Secretary of State as a representative,
officer, or employee; or (2) shall have been designated by the
Secretary of State, prior to formal notification and acceptance
as a prospective representative, officer, or employee; of (3)
is a member of the family or suite or servant, of one of the
foregoing accepted or designated representatives, officers, or
employees.
---------------------------------------------------------------------------
\12\ 22 U.S.C. 288e.
---------------------------------------------------------------------------
(b) Should the Secretary of State determine that the
continued presence in the United States of any person entitled
to the benefits of this title is not desirable, he shall so
inform the foreign government or international organization
concerned, as the case may be, and after such person shall have
had a reasonable length of time, to be determined by the
Secretary of State, to depart from the United States, he shall
cease to be entitled to such benefits.
(c) No person shall, by reason of the provisions of this
title, be considered as receiving diplomatic status or as
receiving any of the privileges incident thereto other than
such as are specifically set forth herein.
Sec. 9.\13\ The privileges, exemptions, and immunities of
international organizations and of their officers and
employees, and members of their families, suites, and servants,
provided for in this title, shall be granted notwithstanding
the fact that the similar privileges, exemptions, and
immunities granted to a foreign government, its officers, or
employees, may be conditioned upon the existence of reciprocity
by that foreign government: Provided, That nothing contained in
this title shall be construed as precluding the Secretary of
State from withdrawing the privileges, exemptions, and
immunities herein provided from persons who are nationals of
any foreign country on the ground that such country is failing
to accord corresponding privileges, exemptions, and immunities
to citizens of the United States.
---------------------------------------------------------------------------
\13\ 22 U.S.C. 288f.
---------------------------------------------------------------------------
Sec. 10. This title may be cited as the ``International
Organizations Immunities Act.''
Sec. 11.\14\ The provisions of this title may be extended
to the European Space Agency \15\ and to the Organization of
Eastern Caribbean States (including any office established in
the United States by that organization) \16\ in the same
manner, to the same extent, and subject to the same conditions,
as they may be extended to a public international organization
in which the United States participates pursuant to any treaty
or under the authority of any Act of Congress authorizing such
participation or making an appropriation for such
participation.
---------------------------------------------------------------------------
\14\ 22 U.S.C. 288f-1. Public Law 89-353 (80 Stat. 5) added sec.
11.
\15\ Sec. 120 of the Department of State Authorization Act, Fiscal
Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1023), struck out a
reference to the European Space Research Organization and inserted in
lieu thereof the reference to the European Space Agency.
\16\ Public Law 100-362 (102 Stat. 819) added ``and to the
Organization of Eastern Caribbean States (including any office
established in the United States by that organization)''.
---------------------------------------------------------------------------
Sec. 12.\17\ (a) \18\ The provisions of this title may be
extended to the African Union \19\ and may continue to be
extended to the International Labor Organization \20\ and the
United Nations Industrial Development Organization \21\ in the
same manner, to the same extent, and subject to the same
conditions, as they may be extended to a public international
organization in which the United States participates pursuant
to any treaty or under the authority of any Act of Congress
authorizing such participation or making an appropriation for
such participation.
---------------------------------------------------------------------------
\17\ 22 U.S.C. 288f-2. Public Law 93-161 (87 Stat. 635) added sec.
12.
\18\ Sec. 7(a)(1) of the Department of State Authorities Act of
2006 (Public Law 109-472; 120 Stat. 3556) added ``(a)'' to create a
subsection designation.
\19\ Sec. 569(h) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2005 (division D of the
Consolidated Appropriations Act, 2005; Public Law 108-447; 118 Stat.
3026), struck out ``Organization of African Unity'' and inserted in
lieu thereof ``African Union''. Sec. 8 of the Comprehensive Peace in
Sudan Act of 2004 (Public Law 108-497; 118 Stat. 4019) made a
duplicative amendment to this section.
\20\ Sec. 404 of the Department of State Authorization Act, Fiscal
Year 1980-81 (Public Law 96-60; 93 Stat. 403), added this reference to
the International Labor Organization.
\21\ Sec. 406 of the Department of State and Related Agencies
Appropriations Act, 1999 (title IV of sec. 101(b) of Public Law 105-
277; 112 Stat. 2681-101), inserted ``and the United Nations Industrial
Development Organization''.
---------------------------------------------------------------------------
(b) \22\ Under such terms and conditions as the President
shall determine, consistent with the purposes of this title,
the President is authorized to extend, or enter into an
agreement to extend, to the African Union Mission to the United
States of America, and to its members, the privileges and
immunities enjoyed by diplomatic missions accredited to the
United States, and by members of such missions, subject to
corresponding conditions and obligations.
---------------------------------------------------------------------------
\22\ Sec. 7(a)(2) of the Department of State Authorities Act of
2006 (Public Law 109-472; 120 Stat. 3556) added subsec. (b). In
Executive Order 13444 of September 12, 2007 (72 F.R. 52747; September
14, 2007), the President extended diplomatic privileges and immunities
to the African Union Mission to the United States.
---------------------------------------------------------------------------
Sec. 13.\23\ The International Committee of the Red Cross,
in view of its unique status as an impartial humanitarian body
named in the Geneva Conventions of 1949 and assisting in their
implementation, shall be considered to be an international
organization for the purposes of this title and may be extended
the provisions of this title in the same manner, to the same
extent, and subject to the same conditions, as such provisions
may be extended to a public international organization in which
the United States participates pursuant to any treaty or under
the authority of any Act of Congress authorizing such
participation or making an appropriation for such
participation.
---------------------------------------------------------------------------
\23\ 22 U.S.C. 288f-3. Sec. 743 of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101
Stat. 1395), added sec. 13.
---------------------------------------------------------------------------
Sec. 14.\24\ The International Union for Conservation of
Nature and Natural Resources shall be considered to be an
international organization for the purposes of this title and
may be extended the provisions of this title in the same
manner, to the same extent, and subject to the same conditions,
as such provisions may be extended to a public international
organization in which the United States participates pursuant
to any treaty or under the authority of any Act of Congress
authorizing such participation or making an appropriation for
such participation.
---------------------------------------------------------------------------
\24\ 22 U.S.C. 288f-4. Sec. 426 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108
Stat. 458), added sec. 14.
---------------------------------------------------------------------------
Sec. 15.\25\ The provisions of this title may be extended
to the European Central Bank in the same manner, to the same
extent, and subject to the same conditions, as they may be
extended to a public international organization in which the
United States participates pursuant to any treaty or under the
authority of any Act of Congress authorizing such participation
or making an appropriation for such participation.
---------------------------------------------------------------------------
\25\ 22 U.S.C. 288f-5. Sec. 1 of Public Law 107-278 (116 Stat.
1939) added sec. 15.
---------------------------------------------------------------------------
Sec. 16.\26\ The provisions of this title may be extended
to the Global Fund to Fight AIDS, Tuberculosis and Malaria in
the same manner, to the same extent, and subject to the same
conditions, as they may be extended to a public international
organization in which the United States participates pursuant
to any treaty or under the authority of any Act of Congress
authorizing such participation or making an appropriation for
such participation.
---------------------------------------------------------------------------
\26\ 22 U.S.C. 288f-6. Sec. 593 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2004 (division D of
the Consolidated Appropriations Act, 2004; Public Law 108-199; 118
Stat. 208), added sec. 16.
---------------------------------------------------------------------------
* * * * * * *
b. Extending Certain Privileges to Representatives of Member States on
the Council of the Organization of American States
Public Law 82-486 [S. 2042], 66 Stat. 516, 22 U.S.C. 288g, approved
July 10, 1952; as amended by Public Law 93-149 [H.R. 5943], 87 Stat.
560, approved November 7, 1973
AN ACT To extend certain privileges to the representatives of member
states and permanent observers to the Organization of American States.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That, under
such terms and conditions as he shall determine, the President
is hereby authorized to extend, or to enter into an agreement
extending, to the representatives of member states (other than
the United States) to the Organization of American States and
to permanent observers to the Organization of American States,
and to members of the staff of said representatives and
permanent observers, the same privileges and immunities,
subject to corresponding conditions and obligations, as are
enjoyed by diplomatic envoys accredited to the United
States.\1\
---------------------------------------------------------------------------
\1\ Public Law 93-149 (87 Stat. 560) restated the text following
the italicized introductory clause, which formerly read as follows:
``That, under such terms and conditions as he shall determine, the
President is hereby authorized to extend, or to enter into an agreement
extending, to the representatives of member states (other than the
United States) on the Council of the Organization of American States,
and to members of their staffs, the same privileges and immunities,
subject to corresponding conditions and obligations, as are enjoyed by
diplomatic envoys accredited to the United States.''.
c. Extending Diplomatic Privileges to the Mission of the Commission of
the European Communities
Public Law 92-499 [S. 2700], 86 Stat. 815, 22 U.S.C. 288h, approved
October 18, 1972; as amended by Public Law 100-204 [Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989; H.R. 1777], 101 Stat.
1331, approved December 22, 1987
AN ACT To extend diplomatic privileges and immunities to the Mission to
the United States of America of the Commission of the European
Communities and to members thereof.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That, under
such terms and conditions as he shall determine and consonant
with the purposes of this Act, the President is authorized to
extend, or to enter into an agreement extending, to the Mission
to the United States of America of the Commission of the
European Communities, and to members thereof, the same
privileges and immunities subject to corresponding conditions
and obligations as are enjoyed by diplomatic missions
accredited to the United States and by members thereof. Under
such terms and conditions as the President may determine, the
President is authorized to extend to other offices of the
Commission of the European Communities which are established in
the United States, and to members thereof--
(1) the privileges and immunities described in the
preceding sentence; or
(2) as appropriate for the functioning of a particular
office, privileges and immunities, equivalent to those accorded
consular premises, consular offices, and consular employees,
pursuant to the Vienna Convention on Consular Relations.\1\
---------------------------------------------------------------------------
\1\ Sec. 741 of the Foreign Relations Authorization Act, Fiscal
Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1394), added the
last sentence.
d. Extending Diplomatic Privileges to the Liaison Office of the
People's Republic of China
Public Law 93-22 [S. 1315], 87 Stat. 24, 22 U.S.C. 288i, approved April
20, 1973
AN ACT To extend diplomatic privileges and immunities to the Liaison
Office of the People's Republic of China and to members thereof, and
for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That:
Under such terms and conditions as he shall determine and
consonant with the purposes of this Act, the President is
authorized to extend to the Liaison Office of the People's
Republic of China in Washington and to the members thereof the
same privileges and immunities subject to corresponding
conditions and obligations as are enjoyed by diplomatic
missions accredited to the United States and by members
thereof.
e. Extending Certain Privileges to the International Development Law
Institute
Partial text of Public Law 102-511 [FREEDOM Support Act of 1992; S.
2532], 106 Stat. 3320, approved October 24, 1992
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,
* * * * * * *
TITLE VIII--UNITED STATES INFORMATION AGENCY, DEPARTMENT OF STATE, AND
RELATED AGENCIES AND ACTIVITIES
* * * * * * *
SEC. 805.\1\ INTERNATIONAL DEVELOPMENT LAW INSTITUTE.
For purposes of the International Organizations Immunities
Act 922 U.S.C. 288 and following), the International
Development Law Institute shall be considered to be a public
international organization in which the United States
participates under the authority of an Act of Congress
authorizing such participation.
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\1\ 22 U.S.C. 288j.
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* * * * * * *
f. Extending Certain Privileges to Hong Kong Economic and Trade Offices
Public Law 105-22 [S. 342], 111 Stat. 236, approved June 27, 1997
AN ACT To extend certain privileges, exemptions, and immunities to Hong
Kong Economic and Trade Offices.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ EXTENSION OF CERTAIN PRIVILEGES, EXEMPTIONS, AND
IMMUNITIES TO HONG KONG ECONOMIC AND TRADE OFFICES.
(a) Application of International Organizations Immunities
Act.--The provisions of the International Organizations
Immunities Act (22 U.S.C. 288 et seq.) may be extended to the
Hong Kong Economic and Trade Offices in the same manner, to the
same extent, and subject to the same conditions as such
provisions may be extended to a public international
organization in which the United States participates pursuant
to any treaty or under the authority of any Act of Congress
authorizing such participation or making an appropriation for
such participation.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 288k.
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(b) Application of International Agreement on Certain State
and Local Taxation.--The President is authorized to apply the
provisions of Article I of the Agreement on State and Local
Taxation of Foreign Employees of Public International
Organizations, done at Washington on April 21, 1994, to the
Hong Kong Economic and Trade Offices.
(c) Definition.--The term ``Hong Kong Economic and Trade
Offices'' refers to Hong Kong's official economic and trade
missions in the United States.
g. Extending Diplomatic Privileges to the Permanent Observer Mission of
the Holy See to the United Nations
Partial text of Public Law 109-472 [Department of State Authorities Act
of 2006; H.R. 6060], 120 Stat. 3554, approved January 11, 2007
AN ACT To authorize certain activities by the Department of State, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Department
of State Authorities Act of 2006''.
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\1\ 22 U.S.C. 2151 note.
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(b) * * *
* * * * * * *
SEC. 7. EXTENSION OF PRIVILEGES AND IMMUNITIES.
(a) * * *
(b) \2\ The Holy See.--Under such terms and conditions as
the President shall determine, the President is authorized to
extend, or to enter into an agreement to extend, to the
Permanent Observer Mission of the Holy See to the United
Nations in New York, and to its members, the privileges and
immunities enjoyed by the diplomatic missions of member states
to the United Nations, and their members, subject to
corresponding conditions and obligations.
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\2\ 22 U.S.C. 228l. In Executive Order 13427 of March 7, 2007 (72
F.R. 10879; March 9, 2007), the President extended diplomatic
privileges and immunities to the Permanent Observer Mission of the Holy
See to the United Nations.
h. Protection and Prevention of Crimes Against Internationally
Protected Persons
Partial text of 18 United States Code; as amended by Public Law 92-539
[H.R. 15883], 86 Stat. 1070, approved October 24, 1972; Public Law 94-
467 [H.R. 15552], 90 Stat. 1997, approved October 8, 1976; Public Law
95-163 [H.R. 6010], 91 Stat. 1286, approved November 9, 1977; Public
Law 95-504 [S. 2493], 92 Stat. 1705, approved October 24, 1978; Public
Law 98-473 [H.J. Res. 648], 98 Stat. 1837, approved October 12, 1984;
Public Law 99-646 [S. 1236], 100 Stat. 3592, approved November 10,
1986; Public Law 101-647 [S. 3266], 104 Stat. 4789, approved November
29, 1990; Public Law 103-272 [H.R. 1758], 108 Stat. 745, approved July
5, 1994; Public Law 103-322 [H.R. 3355], 108 Stat. 1796, approved
September 13, 1994; Public Law 104-132 [S. 735], 110 Stat. 1214,
approved April 24, 1996; Public Law 104-294 [H.R. 3723], 110 Stat.
3488, approved October 11, 1996; and Public Law 105-314 [H.R. 3494],
112 Stat. 2974, approved October 30, 1998
Sec. 112.\1\, \2\ Protection of foreign officials, official
guests, and internationally protected persons
(a) Whoever assaults, strikes, wounds, imprisons, or offers
violence to a foreign official, official guest, or
internationally protected person or makes any other violent
attack upon the person or liberty of such person, or, if likely
to endanger his person or liberty, makes a violent attack upon
his official premises, private accommodation, or means of
transport or attempts to commit any of the foregoing shall be
fined under this title \3\ or imprisoned not more than three
years, or both. Whoever in the commission of any such act uses
a deadly or dangerous weapon, or inflicts bodily injury \4\
shall be fined under this title \5\ or imprisoned not more than
ten years, or both.
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\1\ The Act for the Protection of Foreign Officials and Official
Guests of the United States (Public Law 92-539) enacted secs. 112 (86
Stat. 1072), 970 (86 Stat. 1073), 1116 (86 Stat. 1071), 1117 (86 Stat.
1071), and 1201 (86 Stat. 1072) of title 18, U.S. Code. Sec. 2 of that
Act provided the following:
``Sec. 2. The Congress recognizes that from the beginning of our
history as a nation, the police power to investigate, prosecute, and
punish common crimes such as murder, kidnapping, and assault has
resided in the several States, and that such power should remain with
the States.
``The Congress finds, however, that harassment, intimidation,
obstruction, coercion, and acts of violence committed against foreign
officials or their family members in the United States or against
official guests of the United States adversely affect the foreign
relations of the United States.
``Accordingly, this legislation is intended to afford the United
States jurisdiction concurrent with that of the several States to
proceed against those who by such acts interfere with its conduct of
foreign affairs.''.
\2\ Sec. 5 of Public Law 94-467 amended and restated sec. 112.
\3\ Sec. 320101(b)(1) of Public Law 103-322 (108 Stat. 2108) struck
out ``not more than $5,000'' and inserted in lieu thereof ``under this
title''. Sec. 330016(1)(K) of the same Act made the same amendment.
Sec. 604(b)(12)(A) of Public Law 104-294 (110 Stat. 3507) subsequently
struck out sec. 320101(b)(1) of Public Law 103-322, but left the
amendment intact due to language of sec. 330016(1)(K) of that Act.
\4\ Sec. 320101(b)(2) of Public Law 103-322 (108 Stat. 2108)
inserted ``, or inflicts bodily injury''.
\5\ Sec. 320101(b)(3) of Public Law 103-322 (108 Stat. 2108) struck
out ``not more than $10,000'' and inserted in lieu thereof ``under this
title''.
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(b) Whoever willfully--
(1) intimidates, coerces, threatens, or harasses a
foreign official or an official guest or obstructs a
foreign official in the performance of his duties;
(2) attempts to intimidate, coerce, threaten, or
harass a foreign official or an official guest or
obstruct a foreign official in the performance of his
duties; or
(3) within the United States but outside the District
of Columbia and within one hundred feet of any building
or premises in whole or in part owned, used, or
occupied for official business or for diplomatic,
consular, or residential purposes by--
(A) a foreign government, including such use
as a mission to an international organization;
(B) an international organization;
(C) a foreign official; or
(D) an official guest;
congregates with two or more other persons with intent
to violate any other provision of this section;
shall be fined under this title \6\ or imprisoned not more than
six months, or both.
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\6\ Sec. 330016(1)(G) of Public Law 103-322 (108 Stat. 2147) struck
out ``not more than $500'' and inserted in lieu thereof ``under this
title''.
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(c) For the purpose of this section ``foreign government'',
``foreign official'', ``internationally protected person'',
``international organization'', ``national of the United
States'',\7\ and ``official guest'' shall have the same
meanings as those provided in section 1116(b) of this title.
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\7\ Sec. 721(d)(1) of Public Law 104-132 (110 Stat. 1298) inserted
`` `national of the United States,' '' before ``and''.
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(d) Nothing contained in this section shall be construed or
applied so as to abridge the exercise of rights guaranteed
under the first amendment to the Constitution of the United
States.
(e) If the victim of an offense under subsection (a) is an
internationally protected person outside the United States, the
United States may exercise jurisdiction over the offense if (1)
the victim is a representative, officer, employee, or agent of
the United States, (2) an offender is a national of the United
States, or (3) an offender is afterwards found in the United
States.\8\ As used in this subsection, the United States
includes all areas under the jurisdiction of the United States
including any of the places within the provisions of sections 5
and 7 of this title and section 46501(2) of title 49.\9\
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\8\ Sec. 721(d)(2) of Public Law 104-132 (110 Stat. 1298) struck
out ``If the victim of an offense under subsection (a) is an
internationally protected person, the United States may exercise
jurisdiction over the offense if the alleged offender is present within
the United States, irrespective of the place where the offense was
committed or the nationality of the victim or the alleged offender.'',
and inserted in lieu thereof ``If the victim of an offense under
subsection (a) is an internationally protected person outside the
United States, the United States may exercise jurisdiction over the
offense if (1) the victim is a representative, officer, employee, or
agent of the United States, (2) an offender is a national of the United
States, or (3) an offender is afterwards found in the United States.''.
\9\ Sec. 5(e)(2) of Public Law 103-272 (108 Stat. 1373) struck out
``section 101(38) of the Federal Aviation Act of 1958, as amended (49
U.S.C. 1301(38)).'' and inserted in lieu thereof ``section 46501(2) of
title 49.''.
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(f) In the course of enforcement of subsection (a) and any
other sections prohibiting a conspiracy or attempt to violate
subsection (a), the Attorney General may request assistance
from any Federal, State, or local agency, including the Army,
Navy, and Air Force, any statute, rule, or regulation to the
contrary, notwithstanding.
* * * * * * *
Sec. 878.\10\ Threats and extortion against foreign officials, official
guests, or internationally protected persons
(a) Whoever knowingly and willfully threatens to violate
section 112, 1116, or 1201 \11\ shall be fined under this title
\12\ or imprisoned not more than five years, or both, except
that imprisonment for a threatened assault shall not exceed
three years.
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\10\ Sec. 8 of Public Law 94-467 (90 Stat. 1997) added sec. 878.
\11\ Sec. 705(a)(4) of Public Law 104-132 (110 Stat. 1295) struck
out ``by killing, kidnapping, or assaulting a foreign official,
official guest, or internationally protected person'' after ``, or
1201''.
\12\ Sec. 330016(1)(K) of Public Law 103-322 (108 Stat. 2147)
struck out ``not more than $5,000'' and inserted in lieu thereof
``under this title''.
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(b) Whoever in connection with any violation of subsection
(a) or actual violation of section 112, 1116, or 1201 makes any
extortionate demand shall be fined under this title \13\ or
imprisoned not more than twenty years, or both.
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\13\ Sec. 330016(1)(N) of Public Law 103-322 (108 Stat. 2148)
struck out ``not more than $20,000'' and inserted in lieu thereof
``under this title''.
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(c) For the purpose of this section ``foreign official'',
``internationally protected person'', ``national of the United
States'',\14\ and ``official guest'' shall have the same
meanings as those provided in section 1116(a) of this title.
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\14\ Sec. 721(e)(1) of Public Law 104-132 (110 Stat. 1299) inserted
`` `national of the United States,' '' before ``and''.
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(d) If the victim of an offense under subsection (a) is an
internationally protected person outside the United States, the
United States may exercise jurisdiction over the offense if (1)
the victim is a representative, officer, employee, or agent of
the United States, (2) an offender is a national of the United
States, or (3) an offender is afterwards found in the United
States.\15\ As used in this subsection, the United States
includes all areas under the jurisdiction of the United States
including any of the places within the provisions of section 5
and 7 of this title and section 46501(2) of title 49.\16\
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\15\ Sec. 721(e)(2) of Public Law 104-132 (110 Stat. 1299) struck
out ``If the victim of an offense under subsection (a) is an
internationally protected person, the United States may exercise
jurisdiction over the offense if the alleged offender is present within
the United States, irrespective of the place where the offense was
committed or the nationality of the victim or the alleged offender.'',
and inserted in lieu thereof ``If the victim of an offense under
subsection (a) is an internationally protected person outside the
United States, the United States may exercise jurisdiction over the
offense if (1) the victim is a representative, officer, employee, or
agent of the United States, (2) an offender is a national of the United
States, or (3) an offender is afterwards found in the United States.''.
\16\ Sec. 5(e)(2) of Public Law 103-272 (108 Stat. 1373) struck out
``section 101(38) of the Federal Aviation Act of 1958, as amended (49
U.S.C. 1301(38)).'' and inserted in lieu thereof ``section 46501(2) of
title 49.''.
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* * * * * * *
Sec. 970.\1\ Protection of property occupied by foreign governments
(a) Whoever willfully injures, damages, or destroys, or
attempts to injure, damage, or destroy, any property, real or
personal, located within the United States and belonging to or
utilized or occupied by any foreign government or international
organization, by a foreign official or official guest, shall be
fined under this title,\17\ or imprisoned not more than five
years, or both.
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\17\ Sec. 330016(1)(L) of Public Law 103-322 (108 Stat. 2147)
struck out ``not more than $10,000'' and inserted in lieu thereof
``under this title''.
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(b) \18\ Whoever, willfully with intent to intimidate,
coerce, threaten, or harass--
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\18\ Sec. 7 of Public Law 94-467 added a new subsec. (b), amended
and restated the old subsec. (b), and redesignated it as subsec. (c).
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(1) forcibly thrusts any part of himself or any
object within or upon that portion of any building or
premises located within the United States, which
portion is used or occupied for official business or
for diplomatic, consular, or residential purposes by--
(A) a foreign government, including such use
as a mission to an international organization;
(B) an international organization;
(C) a foreign official; or
(D) an official guest; or
(2) refuses to depart from such portion of such
building or premises after a request--
(A) by an employee of a foreign government or
of an international organization, if such
employee is authorized to make such request by
the senior official of the unit of such
government or organization which occupies such
portion of such building or premises;
(B) by a foreign official or any member of
the foreign official's staff who is authorized
by the foreign official to make such request;
(C) by an official guest or any member of the
official guest's staff who is authorized by the
official guest to make such request; or
(D) by any person present having law
enforcement powers;
shall be fined under this title \19\ or imprisoned not more
than six months, or both.
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\19\ Sec. 601(a)(2) of Public Law 104-294 (110 Stat. 3498) struck
out ``fined not more than $500'' and inserted in lieu thereof ``fined
under this title''.
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(c) \18\ For the purpose of this section ``foreign
government'', ``foreign official'', ``international
organization'', and ``official guest'' shall have the same
meanings as those provided in section 116(b) of this title.
* * * * * * *
Sec. 1116.\1\, \20\ Murder or manslaughter of foreign
officials, official guests, or internationally
protected persons
(a) Whoever kills or attempts to kill a foreign official,
official guest, or internationally protected person shall be
punished as provided under sections 1111, 1112, and 1113 of
this title.\21\
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\20\ Sec. 2 of Public Law 94-467 amended and restated sec. 1116.
\21\ Sec. 60003(a)(5) of Public Law 103-322 (108 Stat. 1969) struck
out ``any such person who if found guilty of murder in the first degree
shall be sentenced to imprisonment for life, and'' from this point.
Sec. 330006 of the same Act (108 Stat. 2142) struck out ``, and any
such person who is found guilty of attempted murder shall be imprisoned
for not more than twenty years'', effecting a repetitive deletion of
the shared ``, and'' in the two passages. The subsection formerly read
as follows:
``(a) Whoever kills or attempts to kill a foreign official,
official guest, or internationally protected person shall be punished
as provided under sections 1111, 1112, and 1113 of this title, except
that any such person who if found guilty of murder in the first degree
shall be sentenced to imprisonment for life, and any such person who is
found guilty of attempted murder shall be imprisoned for not more than
twenty years.''.
Sec. 601(g)(2) of Public Law 104-294 (110 Stat. 3500) subsequently
struck out ``, except that'' after ``of this title''.
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(b) For the purposes of this section:
(1) ``Family'' includes (a) a spouse, parent, brother
or sister, child, or person to whom the foreign
official of internationally protected person stands in
loco parentis, or (b) any other person living in his
household and related to the foreign official or
internationally protected person by blood or marriage.
(2) ``Foreign government'' means the government of a
foreign country, irrespective of recognition by the
United States.
(3) ``Foreign official'' means--
(A) a Chief of State or the political
equivalent, President, Vice President, Prime
Minister, Ambassador, Foreign Minister, or
other officer of Cabinet rank or above of a
foreign government or the chief executive
officer of an international organization, or
any person who has previously served in such
capacity, and any member of his family, while
in the United States; and
(B) any person of a foreign nationality who
is duly notified to the United States as an
officer or employee of a foreign government or
international organization, and who is in the
United States on official business, and any
member of his family whose presence in the
United States is in connection with the
presence of such officer or employee.
(4) ``Internationally protected person'' means--
(A) a Chief of State or the political
equivalent, head of government, or Foreign
Minister whenever such person is in a country
other than his own and any member of his family
accompanying him; or
(B) any other representative, officer,
employee, or agent of the United States
Government, a foreign government, or
international organization who at the time and
place concerned is entitled pursuant to
international law to special protection against
attack upon his person, freedom, or dignity,
and any member of his family then forming part
of his household.
(5) ``International organization'' means a public
international organization designated as such pursuant
to section 1 of the International Organizations
Immunities Act (22 U.S.C. 288) or a public organization
created pursuant to treaty or other agreement under
international law as an instrument through or by which
two or more foreign governments engage in some aspect
of their conduct of international affairs.\22\
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\22\ Sec. 3 of Public Law 97-351 (96 Stat. 1666) added ``or a
public organization created pursuant to treaty or other agreement under
international law as an instrument through or by which two or more
foreign governments engage in some aspect of their conduct of
international affairs''.
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(6) ``Official guest'' means a citizen or national of
a foreign country present in the United States as an
official guest of the Government of the United States
pursuant to designation as such by the Secretary of
State.
(7) \23\ ``National of the United States'' has the
meaning prescribed in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).
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\23\ Sec. 721(c)(1) of Public Law 104-132 (110 Stat. 1298) added
para. (7). Sec. 101(a)(22) of the Immigration and Nationality Act
defines the term as ``(A) a citizen of the United States, or (B) a
person who, though not a citizen of the United States, owes permanent
allegiance to the United States.''.
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(c) If the victim of an offense under subsection (a) is an
internationally protected person outside the United States, the
United States may exercise jurisdiction over the offense if (1)
the victim is a representative, officer, employee, or agent of
the United States, (2) an offender is a national of the United
States, or (3) an offender is afterwards found in the United
States.\24\ As used in this subsection, the United States
includes all areas under the jurisdiction of the United States
including any of the places within the provisions of sections 5
and 7 of this title and section 46501(2) of title 49.\25\
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\24\ Sec. 721(b)(2) of Public Law 104-132 (110 Stat. 1298) struck
out ``If the victim of an offense under subsection (a) is an
internationally protected person, the United States may exercise
jurisdiction over the offense if the alleged offender is present within
the United States, irrespective of the place where the offense was
committed or the nationality of the victim or the alleged offender.''
and inserted in lieu thereof ``If the victim of an offense under
subsection (a) is an internationally protected person outside the
United States, the United States may exercise jurisdiction over the
offense if (1) the victim is a representative, officer, employee, or
agent of the United States, (2) an offender is a national of the United
States, or (3) an offender is afterwards found in the United States.''.
\25\ Sec. 5(e)(2) of Public Law 103-272 (108 Stat. 1373) struck out
``section 101(38) of the Federal Aviation Act of 1958, as amended (49
U.S.C. 1301(38))'' and inserted in lieu thereof ``section 46501(2) of
title 49''.
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(d) In the course of enforcement of this section and any
other sections prohibiting a conspiracy or attempt to violate
this section, the Attorney General may request assistance from
any Federal, State, or local agency, including the Army, Navy,
and Air Force, any statute, rule, or regulation to the contrary
notwithstanding.
Sec. 1117.\1\ Conspiracy to murder
If two or more persons conspire to violate section 1111,
1114, 1116, or 1119 \26\ of this title, and one or more of such
persons do any overt act to effect the object of the
conspiracy, each shall be punished by imprisonment for any term
of years or for life.
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\26\ Sec. 60009(b)(1) of Public Law 103-322 (108 Stat. 1972) added
reference to sec. 1119, which relates to foreign murder of U.S.
nationals by U.S. nationals.
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* * * * * * *
Sec. 1201.\1\ Kidnapping \27\
(a) Whoever unlawfully seizes, confines, inveigles, decoys,
kidnaps, abducts, or carries away and holds for ransom or
reward or otherwise any person, except in the case of a minor
by the parent thereof, when-- \28\
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\27\ Sec. 330021 of Public Law 103-322 (108 Stat. 2150) changed the
spelling of ``kidnaping'' and ``kidnaped'' throughout title 18, U.S.
Code.
\28\ Sec. 36 of Public Law 99-646 (100 Stat. 3599) struck out
``when:'' and inserted in lieu thereof ``when--''.
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(1) the person is willfully transported in interstate
or foreign commerce, regardless of whether the person
was alive when transported across a State boundary, or
the offender travels in interstate or foreign commerce
or uses the mail or any means, facility, or
instrumentality of interstate or foreign commerce in
committing or in furtherance of the commission of the
offense; \29\
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\29\ Sec. 702(a) of the Protection of Children from Sexual
Predators Act of 1998 (Public Law 105-314; 112 Stat. 2987) inserted ``,
regardless of whether the person was alive when transported across a
State boundary if the person was alive when the transportation began''.
Subsequently, sec. 213(1) of the Adam Walsh Child Protection and Safety
Act of 2006 (Public Law 109-248; 120 Stat. 616) struck out ``if the
person was alive when the transportation began'' and inserted in lieu
thereof ``, or the offender travels in interstate or foreign commerce
or uses the mail or any means, facility, or instrumentality of
interstate or foreign commerce in committing or in furtherance of the
commission of the offense''.
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(2) any such act against the persons is done within
the special maritime and territorial jurisdiction of
the United States;
(3) any such act against the person is done within
the special aircraft jurisdiction of the United States
as defined in section 46501 of title 49; \30\
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\30\ Sec. 5(e)(8) of Public Law 103-272 (108 Stat. 1374) struck out
``section 101(38) of the Federal Aviation Act of 1958; or'' and
inserted in lieu thereof ``section 46501 of title 49;''.
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(4) \31\ the person is a foreign official, an
internationally protected person, or an official guest
as those terms are defined in section 1116(b) of this
title; or
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\31\ Sec. 4(a) of Public Law 94-467 amended and restated para. (4).
---------------------------------------------------------------------------
(5) \32\ the person is among those officers and
employees described \33\ in section 1114 of this title
and any such act against the person is done while the
person is engaged in, or on account of, the performance
of official duties;
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\32\ Sec. 1007 of Public Law 98-473 (98 Stat. 2139) added para.
(5). Sec. 36 of Public Law 99-646 (100 Stat. 3599) made technical
corrections to the paragraph.
\33\ Sec. 702(b) of the Protection of Children from Sexual
Predators Act of 1998 (Public Law 105-314; 112 Stat. 2987) struck out
``designated'' and inserted in lieu thereof ``described''.
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shall be punished by imprisonment for any term of years or for
life and, if the death of any person results, shall be punished
by death or life imprisonment.\34\
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\34\ Sec. 600003(a)(6) of Public Law 103-322 (108 Stat. 1969)
inserted ``and, if the death of any person results, shall be punished
by death or life imprisonment'' after ``or for life''.
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(b) With respect to subsection (a)(1), above, the failure
to release the victim within twenty-four hours after he shall
have been unlawfully seized, confined, inveigled, decoyed,
kidnapped,\27\ abducted, or carried away shall create a
rebuttable presumption that such person has been transported in
interstate \35\ or foreign commerce. Notwithstanding the
preceding sentence, the fact that the presumption under this
section has not yet taken effect does not preclude a Federal
investigation of a possible violation of this section before
the 24-hour period has ended.\36\
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\35\ Sec. 213(2) of the Adam Walsh Child Protection and Safety Act
of 2006 (Public Law 109-248; 120 Stat. 617) purported to strike out
``to interstate'' in subsec. (b) and to insert in lieu thereof ``in
interstate''. Subsec. (b), however, already read ``in interstate'' at
the time of this amendment.
\36\ Sec. 702(c) of the Protection of Children from Sexual
Predators Act of 1998 (Public Law 105-314; 112 Stat. 2987) added this
sentence.
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(c) If two or more persons conspire to violate this section
and one or more of such persons do any overt act to effect the
object of the conspiracy, each shall be punished by
imprisonment for any term of years or for life.
(d) \37\ Whoever attempts to violate subsection (a) \38\
shall be punished by imprisonment for not more than twenty
years.
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\37\ Sec. 4(b) of Public Law 94-467 added subsecs. (d), (e), and
(f).
\38\ Sec. 320903(b) of Public Law 103-322 (108 Stat. 2124) struck
out ``Whoever attempts to violate subsection (a)(4) or (a)(5)'', and
inserted in lieu thereof ``Whoever attempts to violate subsection
(a)''.
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(e) \37\ If the victim of an offense under subsection (a)
is an internationally protected person outside the United
States, the United States may exercise jurisdiction over the
offense if (1) the victim is a representative, officer,
employee, or agent of the United States, (2) an offender is a
national of the United States, or (3) an offender is afterwards
found in the United States.\39\ As used in this subsection, the
United States includes all areas under the jurisdiction of the
United States including any of the places within the provisions
of section 5 and 7 of this title and section 46501(2) of title
49.\40\ For purposes of this subsection, the term ``national of
the United States'' has the meaning prescribed in section
101(a)(22) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)).\41\
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\39\ Sec. 721(f)(1) of Public Law 104-132 (110 Stat. 1299) struck
out ``If the victim of an offense under subsection (a) is an
internationally protected person, the United States may exercise
jurisdiction over the offense if the alleged offender is present within
the United States irrespective of the place where the offense was
committed or the nationality of the victim or the alleged offender.''
and inserted in lieu thereof ``If the victim of an offense under
subsection (a) is an internationally protected person outside the
United States, the United States may exercise jurisdiction over the
offense if (1) the victim is a representative, officer, employee, or
agent of the United States, (2) an offender is a national of the United
States, or (3) an offender is afterwards found in the United States.''.
\40\ Sec. 5(e)(2) of Public Law 103-272 (108 Stat. 1373) struck out
``section 101(38) of the Federal Aviation Act of 1958, as amended (49
U.S.C. 1301(34)).'' and inserted in lieu thereof ``section 46501(2) of
title 49.''.
\41\ Sec. 721(f)(2) of Public Law 104-132 (110 Stat. 1299) added
the last sentence. See footnote 23 for definition.
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(f) \37\ In the course of enforcement of subsection (a)(4)
and any other sections prohibiting a conspiracy or attempt to
violate subsection (a)(4), the Attorney General may request
assistance from any Federal, State, or local agency, including
the Army, Navy, and Air Force, any statute, rule, or regulation
to the contrary notwithstanding.''.
(g) * * *
(h) * * *
i. U.S. Secret Service
(1) Protection of Foreign Diplomatic Missions by the U.S. Secret
Service
Partial text of 18 U.S.C. 3056A (added by the Secret Service
Authorization and Technical Modification Act of 2005; title VI of
Public Law 109-177; 120 Stat. 251; 18 U.S.C. 1 note), approved March 9,
2006
Sec. 3056A.\1\ Powers, authorities, and duties of United States Secret
Service Uniformed Division
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\1\ Sec. 605(a) of the Secret Service Authorization and Technical
Modification Act of 2005 (title VI of Public Law 109-177; 120 Stat.
253) added this section. This section replaces the provisions of, among
others, former secs. 202 and 208 of 3 U.S.C., which also concerned
protection of foreign diplomatic missions by the U.S. Secret Service
and reimbursement of state and local governments for their expenses in
connection with such protection activities. Sec. 605(c) of Public Law
109-177 repealed chapter 3 of 3 U.S.C., which included former secs. 202
and 208.
Sec. 606(b) of Public Law 109-177 (120 Stat. 256; 18 U.S.C. 3056A
note) provides the following:
``(b) This title does not affect any Executive order transferring
to the Secretary of State the authority of section 208 of title 3 (now
section 3056A(d) of title 18) in effect on the day before the effective
date of this Act.''.
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(a) There is hereby created and established a permanent
police force, to be known as the ``United States Secret Service
Uniformed Division''. Subject to the supervision of the
Secretary of Homeland Security, the United States Secret
Service Uniformed Division shall perform such duties as the
Director, United States Secret Service, may prescribe in
connection with the protection of the following:
(1)-(4) * * *
(5) Foreign diplomatic missions located in the
metropolitan area of the District of Columbia.
(6) * * *
(7) \2\ Foreign diplomatic missions located in
metropolitan areas (other than the District of
Columbia) in the United States where there are located
twenty or more such missions headed by full-time
officers, except that such protection shall be provided
only--
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\2\ Sec. 135(b)(5) of Public Law 102-138 provided the following:
``Protective services provided by a State or local government at
any time during the period beginning on January 1, 1989, and ending on
September 30, 1991, which were performed in connection with visits
described in section 202(8) of title 3, United States Code, as amended
by this subsection [visits now covered by sec. 3056A(a)(7) of 18
U.S.C.], shall be deemed to be reimbursement obligations entered into
pursuant to section 208(a) of that title as if the amendment made by
paragraph (1) of this subsection (amending this section) was in effect
during that period and the services had been requested by the Secretary
of State.''.
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(A) on the basis of extraordinary protective
need;
(B) upon request of an affected metropolitan
area; and
(C) when the extraordinary protective need
arises at or in association with a visit to--
(i) a permanent mission to, or an
observer mission invited to participate
in the work of, an international
organization of which the United States
is a member; or
(ii) an international organization of
which the United States is a member;
except that such protection may also be
provided for motorcades and at other places
associated with any such visit and may be
extended at places of temporary domicile in
connection with any such visit.
(8) Foreign consular and diplomatic missions located
in such areas in the United States, its territories and
possessions, as the President, on a case-by-case basis,
may direct.
(9) Visits of foreign government officials to
metropolitan areas (other than the District of
Columbia) where there are located twenty or more
consular or diplomatic missions staffed by accredited
personnel, including protection for motorcades and at
other places associated with such visits when such
officials are in the United States to conduct official
business with the United States Government.
(10)-(12) * * *
(13) Visiting heads of foreign states or foreign
governments.
(b)(1) * * *
(2) Members of the United States Secret Service Uniformed
Division shall possess privileges and powers similar to those
of the members of the Metropolitan Police of the District of
Columbia.
(c) * * *
(d) In carrying out the functions pursuant to paragraphs
(7) and (9) of subsection (a), the Secretary of Homeland
Security may utilize, with their consent, on a reimbursable
basis, the services, personnel, equipment, and facilities of
State and local governments, and is authorized to reimburse
such State and local governments for the utilization of such
services, personnel, equipment, and facilities. The Secretary
of Homeland Security may carry out the functions pursuant to
paragraphs (7) and (9) of subsection (a) by contract. The
authority of this subsection may be transferred by the
President to the Secretary of State. In carrying out any duty
under paragraphs (7) and (9) of subsection (a), the Secretary
of State is authorized to utilize any authority available to
the Secretary under title II of the State Department Basic
Authorities Act of 1956.
(2) Transfer of Authority to the Secretary of State To Make
Reimbursements for Protection of Foreign Missions to International
Organizations
Executive Order 12478, May 23, 1984, 49 F.R. 22053
By authority vested in me as President by the Constitution
and statutes of the United States of America, and in accordance
with the provisions of the Act of December 31, 1975, Public Law
94-196 (89 Stat. 1109), codified as sections 202(7) and 208(a)
of Title 3, United States Code, as amended, it is hereby
ordered as follows:
Section 1. There is transferred to the Secretary of State
authority to determine the need for and to approve terms and
conditions of the provision of reimbursable extraordinary
protective activities for foreign diplomatic missions pursuant
to section 202(7), and the authority to make reimbursements to
State and local governments for services, personnel, equipment,
and facilities pursuant to section 208(a) of Title 3, United
States Code; \1\
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\1\ Sec. 605(a) of the Secret Service Authorization and Technical
Modification Act of 2005 (title VI of Public Law 109-177; 120 Stat.
253) added 18 U.S.C. 3056A, which replaced former secs. 202 and 208 of
3 U.S.C.
Sec. 606(b) of that Act (120 Stat. 256; 18 U.S.C. 3056A note)
provides the following:
``(b) This title does not affect any Executive order transferring
to the Secretary of State the authority of section 208 of title 3 (now
section 3056A(d) of title 18) in effect on the day before the effective
date of this Act.''.
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Sec. 2. There are transferred to the Secretary of State
such unexpended moneys as may have been appropriated to the
Department of the Treasury for the purpose of permitting
reimbursements to be made under the provisions of section
208(a) of Title 3, United States Code;
Sec. 3. The authority transferred pursuant to this Order
shall be exercised in coordination with protective security
programs administered by the Secretary of State under the
Foreign Missions Act of 1982; authority available under that
Act may also be applied to any foreign mission to which section
202(7) applies; and
Sec. 4. This Order shall be effective on October 1, 1984.
j. Foreign Sovereign Immunities
Partial text of title 28, U.S. Code, as added by Public Law 94-583
[H.R. 11315], 90 Stat. 2891, approved October 21, 1976; as amended by
Public Law 100-640 [Foreign Sovereign Immunities Act, Amendments; H.R.
1149], 102 Stat. 3333, approved November 9, 1988; Public Law 100-669
[Implementation of the Inter-American Convention on International
Commercial Arbitration Act; S. 2204], 102 Stat. 3969, approved November
16, 1988; Public Law 100-702 [Judicial Improvements and Access to
Justice Act; H.R. 4807], 102 Stat. 4642, approved November 19, 1988;
Public Law 104-114 [Cuban Liberty and Democratic Solidarity (LIBERTAD)
Act of 1996; H.R. 927], 110 Stat. 785, approved March 12, 1996; Public
Law 104-132 [Antiterrorism and Effective Death Penalty Act of 1996; S.
735], 110 Stat. 1214, approved April 24, 1996; Public Law 105-11 [H.R.
1225], 111 Stat. 22, approved April 25, 1997; Public Law 106-386
[Victims of Trafficking and Violence Protection Act of 2000; H.R.
3244], 114 Stat. 1464, approved October 28, 2000; Public Law 107-77
[Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 2002; H.R. 2500], 115 Stat. 748,
approved November 28, 2001; Public Law 107-297 [Terrorism Risk
Insurance Act of 2002; H.R. 3210], 116 Stat. 2322, approved November
26, 2002; and Public Law 109-2 [Class Action Fairness Act of 2005; S.
5], 119 Stat. 4, approved February 18, 2005
Sec. 1330. Actions against foreign states
(a) The district courts shall have original jurisdiction
without regard to amount in controversy of any nonjury civil
action against a foreign state as defined in section 1603(a) of
this title as to any claim for relief in personae with respect
to which the foreign state is not entitled to immunity either
under sections 1605-1607 of this title or under any applicable
international agreement.
(b) Personal jurisdiction over a foreign state shall exist
as to every claim for relief over which the district courts
have jurisdiction under subsection (a) where service has been
made under section 1608 of this title.
(c) For purposes of subsection (b), an appearance by a
foreign state does not confer personal jurisdiction with
respect to any claim for relief not arising out of any
transaction or occurrence enumerated in sections 1605-1607 of
this title.
* * * * * * *
Chapter 97.--JURISDICTIONAL IMMUNITIES OF FOREIGN STATES
Sec.
1602. Findings and declaration of purpose.
1603. Definitions.
1604. Immunity of a foreign state from jurisdiction.
1605. General exceptions to the jurisdictional immunity of a foreign
state.
1606. Extent of liability.
1607. Counterclaims.
1608. Service; time to answer default.
1609. Immunity from attachment and execution of property of a foreign
state.
1610. Exceptions to the immunity from attachment or execution.
1611. Certain types of property immune from execution.
Sec. 1602. Findings and declaration of purpose
The Congress finds that the determination by United States
courts of the claims of foreign states to immunity from the
jurisdiction of such courts would serve the interests of
justice and would protect the rights of both foreign states and
litigants in United States courts. Under international law,
states are not immune from the jurisdiction of foreign courts
insofar as their commercial activities are concerned, and their
commercial property may be levied upon for the satisfaction of
judgments rendered against them in connection with their
commercial activities. Claims of foreign states to immunity
should henceforth be decided by courts of the United States and
of the States in conformity with the principles set forth in
this chapter.
Sec. 1603. Definitions
For purposes of this chapter--
(a) A ``foreign state'', except as used in section
1608 of this title, includes a political subdivision of
a foreign state or an agency or instrumentality of a
foreign state as defined in subsection (b).
(b) An ``agency or instrumentality of a foreign
state'' means any entity--
(1) which is a separate legal person,
corporate or otherwise, and
(2) which is an organ of a foreign state or
political subdivision thereof, or a majority of
whose shares or other ownership interest is
owned by a foreign state or political
subdivision thereof, and
(3) which is neither a citizen of a State of
the United States as defined in section 1332
(c) and (e) \1\ of this title, nor created
under the laws of any third country.
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\1\ Sec. 4(b)(2) of the Class Action Fairness Act of 2005 (Public
Law 109-2; 119 Stat. 12) struck out ``(d)'' and inserted in lieu
thereof ``(e)''.
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(c) The ``United States'' includes all territory and
waters, continental or insular, subject to the
jurisdiction of the United States.
(d) A ``commercial activity'' means either a regular
course of commercial conduct or a particular commercial
transaction or act. The commercial character of an
activity shall be determined by reference to the nature
of the course of conduct or particular transaction or
act, rather than by reference to its purpose.
(e) A ``commercial activity carried on in the United
States by a foreign state'' means commercial activity
carried on by such state and having substantial contact
with the United States.
Sec. 1604. Immunity of a foreign state from jurisdiction
Subject to existing international agreements to which the
United States is a party at the time of enactment of this Act a
foreign state shall be immune from the jurisdiction of the
courts of the United States and of the States except as
provided in sections 1605 to 1607 of this chapter.
Sec. 1605.\2\ General exceptions to the jurisdictional immunity of a
foreign state
(a) A foreign state shall not be immune from the
jurisdiction of courts of the United States or of the States in
any case--
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\2\ Sec. 589 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1997 (sec. 101(c) of title I of
Public Law 104-208; 110 Stat. 3009) provided the following:
---------------------------------------------------------------------------
``civil liability for acts of state sponsored terrorism
---------------------------------------------------------------------------
``Sec. 589. (a) an official, employee, or agent of a foreign state
designated as a state sponsor of terrorism designated under section
6(j) of the Export Administration Act of 1979 while acting within the
scope of his or her office, employment, or agency shall be liable to a
United States national or the national's legal representative for
personal injury or death caused by acts of that official, employee, or
agent for which the courts of the United States may maintain
jurisdiction under section 1605(a)(7) of title 28, United States Code,
for money damages which may include economic damages, solatium, pain,
and suffering, and punitive damages if the acts were among those
described in section 1605(a)(7).
``(b) Provisions related to statute of limitations and limitations
on discovery that would apply to an action brought under 28 U.S.C.
1605(f) and (g) shall also apply to actions brought under this section.
No action shall be maintained under this action if an official,
employee, or agent of the United States, while acting within the scope
of his or her office, employment, or agency would not be liable for
such acts if carried out within the United States.''.
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(1) in which the foreign state has waived its
immunity either explicitly or by implication,
notwithstanding any withdrawal of the waiver which the
foreign state may purport to effect except in
accordance with the terms of the waiver;
(2) in which the action is based upon a commercial
activity carried on in the United States by the foreign
state; or upon an act performed in the United States in
connection with a commercial activity of the foreign
state elsewhere; or upon an act outside the territory
of the United States in connection with a commercial
activity of the foreign state elsewhere and that act
causes a direct effect in the United States;
(3) in which rights in property taken in violation of
international law are in issue and the property or any
property exchanged for such property is present in the
United States in connection with a commercial activity
carried on in the United States by the foreign state;
or that property or any property exchanged for such
property is owned or operated by an agency or
instrumentality of the foreign state and that agency or
instrumentality is engaged in a commercial activity in
the United States;
(4) in which rights in property in the United States
acquired by succession or gift or rights in immovable
property situated in the United States are in issue;
\3\
---------------------------------------------------------------------------
\3\ Sec. 2 of Public Law 100-669 (102 Stat. 3969) struck out ``or''
at the end of para. (4), ended para. (5)(B) with ``; or'', and inserted
a new para. (6).
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(5) not otherwise encompassed in paragraph (2) above,
in which money damages are sought against a foreign
state for personal injury or death, or damage to or
loss of property, occurring in the United States and
caused by the tortious act or omission of that foreign
state or of any official or employee of that foreign
state while acting within the scope of his office or
employment; except this paragraph shall not apply to--
(A) any claim based upon the exercise on
performance or the failure to exercise or
perform a discretionary function regardless of
whether the discretion be abused, or
(B) any claim arising out of malicious
prosecution, abuse of process, libel, slander,
misrepresentation, deceit, or interference with
contract rights; \3\, \4\
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\4\ Sec. 221(a)(1)(A) of Public Law 104-132 (110 Stat. 1241) struck
out ``or'' at the end of para. (5). Sec. 221(a)(1)(B) of that Act
struck out a period at the end of para. (6) and inserted in lieu
thereof ``; or''. Sec. 221(a)(1)(C) added a new para. (7).
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(6) \3\ in which the action is brought, either to
enforce an agreement made by the foreign state \5\ with
or for the benefit of a private party to submit to
arbitration all or any difference which have arisen or
which may arise between the parties with respect to a
defined legal relationship, whether contractual or not,
concerning a subject matter capable of settlement by
arbitration under the laws of the United States, or to
confirm an award made pursuant to such an agreement to
arbitrate, if (A) the arbitration takes place or is
intended to take place in the United States, (B) the
agreement or award is or may be governed by a treaty or
other international agreement in force for the United
States calling for the recognition and enforcement of
arbitral awards, (C) the underlying claim, save for the
agreement to arbitrate, could have been brought in a
United States court under this section or section 1607,
or (D) paragraph (1) of this subsection is otherwise
applicable; or \4\
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\5\ Sec. 325(b)(8) of Public Law 101-650 (104 Stat. 5121) struck
out ``State'' and inserted in lieu thereof ``state''.
---------------------------------------------------------------------------
(7) \4\ not otherwise covered by paragraph (2), in
which money damages are sought against a foreign state
for personal injury or death that was caused by an act
of torture, extrajudicial killing, aircraft sabotage,
hostage taking, or the provision of material support or
resources (as defined in section 2339A of title 18) for
such an act if such act or provision of material
support is engaged in by an official, employee, or
agent of such foreign state while acting within the
scope of his or her office, employment, or agency,
except that the court shall decline to hear a claim
under this paragraph--
(A) if the foreign state was not designated
as a state sponsor of terrorism under section
6(j) of the Export Administration Act of 1979
(50 U.S.C. App. 2405(j)) or section 620A of the
Foreign Assistance Act of 1961 (22 U.S.C. 2371)
at the time the act occurred, unless later so
designated as a result of such act or the act
is related to Case Number 1:00CV03110(EGS) in
the United States District Court for the
District of Columbia; \6\ and
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\6\ Sec. 626(c) of the Departments of Commerce, Justice, and State,
the Judiciary, and Related Agencies Appropriations Act, 2002 (Public
Law 107-77; 115 Stat. 803) added ``or the act is related to Case Number
1:00CV03110(ESG) in the United States District Court for the District
of Columbia''. Sec. 208 of the Emergency Supplemental Act, 2002
(division B 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. 2299)
subsequently amended sec. 626(c) of Public Law 107-77 itself, by
striking out ``1:00CV03110(ESG)'' and inserting in lieu thereof
``1:00CV03110(EGS)''.
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(B) even if the foreign state is or was so
designated, if--
(i) the act occurred in the foreign
state against which the claim has been
brought and the claimant has not
afforded the foreign state a reasonable
opportunity to arbitrate the claim in
accordance with accepted international
rules of arbitration; or
(ii) neither the claimant nor the
victim was \7\ a national of the United
States (as that term is defined in
section 101(a)(22) of the Immigration
and Nationality Act) when the act upon
which the claim is based occurred.
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\7\ Public Law 105-11 (111 Stat. 22) struck out ``the claimant or
victim was not'' and inserted in lieu thereof ``neither the claimant
nor the victim was''.
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(b) A foreign state shall not be immune from the
jurisdiction of the courts of the United States in any case in
which a suit in admiralty is brought to enforce a maritime lien
against a vessel or cargo of the foreign state, which maritime
lien is based upon a commercial activity of the foreign state:
Provided, That--
(1) notice of the suit is given by delivery of a copy
of the summons and of the complaint to the person, or
his agent, having possession of the vessel or cargo
against which the maritime lien is asserted; and if the
vessel or cargo is arrested pursuant to process
obtained on behalf of the party bringing the suit, the
service of process of arrest shall be deemed to
constitute valid delivery of such notice, but the party
bringing the suit shall be liable for any damages
sustained by the foreign state as a result of the
arrest if the party bringing the suit had actual or
constructive knowledge that the vessel or cargo of a
foreign state was involved; and \8\
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\8\ Sec. 1(1) of Public Law 100-640 (102 Stat. 3333) inserted text
to this point from the semicolon, and struck out the following: ``but
such notice shall not be deemed to have been delivered, nor may it
thereafter be delivered, if the vessel or cargo is arrested pursuant to
process obtained on behalf of the party bringing the suit--unless the
party was unaware that the vessel or cargo of a foreign state was
involved, in which event the service of process of arrest shall be
deemed to constitute valid delivery of such notice; and''.
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(2) notice to the foreign state of the commencement
of suit as provided in section 1608 of this title is
initiated within ten days either of the delivery of
notice as provided in paragraph (1) of this subsection
\9\ or, in the case of a party who was unaware that the
vessel or cargo of a foreign state was involved, of the
date such party determined the existence of the foreign
state's interest.
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\9\ Sec. 1(2) of Public Law 100-640 (102 Stat. 3333) struck out
``subsection (b)(1) of this section'' and inserted in lieu thereof
``paragraph (1) of this subsection''.
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(c) \10\ Whenever notices is delivered under subsection
(b)(1), the suit to enforce a maritime lien shall be thereafter
proceed and shall be heard and determined according to the
principles of law and rules of practice of suits in rem
whenever it appears that, had the vessel been privately owned
and possessed, a suit in rem might have been maintained. A
decree against the foreign state may include costs of the suit
and, if the decree is for a money judgment, interest as ordered
by the court, except that the court may not award judgment
against the foreign state in an amount greater than the value
of the vessel or cargo upon which the maritime lien arose. Such
value shall be determined as of the time notice is served under
subsection (b)(1). Decrees shall be subject to appeal and
revision as provided in other cases of admiralty and maritime
jurisdiction. Nothing shall preclude the plaintiff in any
proper case from seeking relief in personam in the same action
brought to enforce a maritime lien as provided in this section.
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\10\ Sec. 1(3) of Public Law 100-640 struck out all that followed
para. (2) in this section and inserted a new subsec. (c) and (d). The
struck out text read as follows:
``Whenever notice is delivered under subsection (b)(1) of this
section, the maritime lien shall thereafter be deemed to be an in
personam claim against the foreign state which at that time owns the
vessel or cargo involved: Provided, That a court may not award judgment
against the foreign state in an amount greater than the value of the
vessel or cargo upon which the maritime lien arose, such value to be
determined as of the time notice is served under subsection (b)(1) of
this section.''.
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(d) \10\ A foreign state shall not be immune from the
jurisdiction of the courts of the United States in any action
brought to foreclose a preferred mortgage, as defined in the
Ship Mortgage Act, 1920 (46 U.S.C. 911 and following). Such
action shall be brought, heard, and determined in accordance
with the provisions of that Act and in accordance with the
principles of law and rules of practice of suits in rem,
whenever it appears that had the vessel been privately owned
and possessed a suit in rem might have been maintained.
(e) \11\ For purposes of paragraph (7) of subsection (a)--
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\11\ Sec. 221(a)(2) of Public Law 104-132 (110 Stat. 1241) added
subsecs. (e) through (g).
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(1) the terms ``torture'' and ``extrajudicial
killing'' have the meaning given those terms in section
3 of the Torture Victim Protection Act of 1991;
(2) the term ``hostage taking'' has the meaning given
that term in Article 1 of the International Convention
Against the Taking of Hostages; and
(3) the term ``aircraft sabotage'' has the meaning
given that term in Article 1 of the Convention for the
Suppression of Unlawful Acts Against the Safety of
Civil Aviation.
(f) \11\ No action shall be maintained under subsection
(a)(7) unless the action is commenced not later than 10 years
after the date on which the cause of action arose. All
principles of equitable tolling, including the period during
which the foreign state was immune from suit, shall apply in
calculating this limitation period.
(g) \11\ Limitation on Discovery.--
(1) In general.--(A) Subject to paragraph (2), if an
action is filed that would otherwise be barred by
section 1604, but for subsection (a)(7), the court,
upon request of the Attorney General, shall stay any
request, demand, or order for discovery on the United
States that the Attorney General certifies would
significantly interfere with a criminal investigation
or prosecution, or a national security operation,
related to the incident that gave rise to the cause of
action, until such time as the Attorney General advises
the court that such request, demand, or order will no
longer so interfere.
(B) A stay under this paragraph shall be in effect
during the 12-month period beginning on the date on
which the court issues the order to stay discovery. The
court shall renew the order to stay discovery for
additional 12-month periods upon motion by the United
States if the Attorney General certifies that discovery
would significantly interfere with a criminal
investigation or prosecution, or a national security
operation, related to the incident that gave rise to
the cause of action.
(2) Sunset.--(A) Subject to subparagraph (B), no stay
shall be granted or continued in effect under paragraph
(1) after the date that is 10 years after the date on
which the incident that gave rise to the cause of
action occurred.
(B) After the period referred to in subparagraph (A),
the court, upon request of the Attorney General, may
stay any request, demand, or order for discovery on the
United States that the court finds a substantial
likelihood would--
(i) create a serious threat of death or
serious bodily injury to any person;
(ii) adversely affect the ability of the
United States to work in cooperation with
foreign and international law enforcement
agencies in investigating violations of United
States law; or
(iii) obstruct the criminal case related to
the incident that gave rise to the cause of
action or undermine the potential for a
conviction in such case.
(3) Evaluation of evidence.--The court's evaluation
of any request for a stay under this subsection filed
by the Attorney General shall be conducted ex parte and
in camera.
(4) Bar on motions to dismiss.--A stay of discovery
under this subsection shall constitute a bar to the
granting of a motion to dismiss under rules 12(b)(6)
and 56 of the Federal Rules of Civil Procedure.
(5) Construction.--Nothing in this subsection shall
prevent the United States from seeking protective
orders or asserting privileges ordinarily available to
the United States.
Sec. 1606. Extent of liability
As to any claim for relief with respect to which a foreign
state is not entitled to immunity under section 1605 or 1607 of
this chapter, the foreign state shall be liable in the same
manner and to the same extent as a private individual under
like circumstances; but a foreign state except for an agency or
instrumentality thereof shall not be liable for punitive
damages; \12\ if, however, in any case wherein death was
caused, the law of the place where the action or omission
occurred provides, or has been construed to provide, for
damages only punitive in nature, the foreign state shall be
liable for actual or compensatory damages measured by the
pecuniary injuries resulting from such death which were
incurred by the persons for whose benefit the action was
brought.
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\12\ Sec. 117(b) of the Treasury Department Appropriations Act,
1999 (sec. 101(h) of Public Law 105-277; 112 Stat. 2681-491) inserted
``, except any action under section 1605(a)(7) or 1610(f)'' after
``punitive damages''. Sec. 2002(f)(2) of Public Law 106-386 (114 Stat.
1543), however, subsequently repealed sec. 117(b) of Public Law 105-
277. Sec. 201(c)(3) of the Terrorism Risk Insurance Act of 2002 (Public
Law 107-297; 116 Stat. 2337) redesignated sec. 2002(f)(2) of Public Law
106-386 as sec. 2002(g)(2).
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Sec. 1607. Counterclaims
In any action brought by a foreign state, or in which a
foreign state intervenes, in a court of the United States or of
a State, the foreign state shall not be accorded immunity with
respect to any counterclaim--
(a) for which a foreign state would not be entitled
to immunity under section 1605 of this chapter had such
claim been brought in a separate action against the
foreign state; or
(b) arising out of the transaction or occurrence that
is the subject matter of the claim of the foreign
state; or
(c) to the extent that the counterclaim does not seek
relief exceeding in amount or differing in kind from
that sought by the foreign state.
Sec. 1608. Service; time to answer; default
(a) Service in the courts of the United States and of the
States shall be made upon a foreign state or political
subdivision of a foreign state:
(1) by delivery of a copy of the summons and
complaint in accordance with any special arrangement
for service between the plaintiff and the foreign state
or political subdivision; or
(2) if no special arrangement exists, by delivery of
a copy of the summons and complaint in accordance with
an applicable international convention on service of
judicial documents; or
(3) if service cannot be made under paragraph (1) or
(2), by sending a copy of the summons and complaint and
a notice of suit, together with a translation of each
into the official language of the foreign state, by any
form of mail requiring a signed receipt, to be
addressed and dispatched by the clerk of the court to
the head of the ministry of foreign affairs of the
foreign state concerned, or
(4) if service cannot be made within 30 days under
paragraph (3), by sending two copies of the summons and
complaint and a notice of suit, together with a
translation of each into the official language of the
foreign state, by any form of mail requiring a signed
receipt, to be addressed and dispatched by the clerk of
the court to the Secretary of State in Washington,
District of Columbia, to the attention of the Director
of Special Consular Services--and the Secretary shall
transmit one copy of the papers through diplomatic
channels to the foreign state and shall send to the
clerk of the court a certified copy of the diplomatic
note indicating when the papers were transmitted.
As used in this subsection, a ``notice of suit'' shall mean a
notice addressed to a foreign state and in a form prescribed by
the Secretary of Safety regulation.
(b) Service in the courts of the United States and of the
States shall be made upon an agency or instrumentality of a
foreign state:
(1) by delivery of a copy of the summons and
complaint in accordance with any special arrangement
for service between the plaintiff and the agency or
instrumentality; or
(2) if no special arrangement exists, by delivery of
a copy of the summons and complaint either to an
officer, a managing or general agent, or to any other
agent authorized by appointment or by law to receive
service or process in the United States; or in
accordance with an applicable international convention
or service on judicial document; or
(3) if service cannot be made under paragraph (1) or
(2), and if reasonably calculated to given actual
notice, by delivery of a copy of the summons and
complaint, together with a translation of each into the
official language of the foreign state--
(A) as directed by an authority of the
foreign state or political subdivision in
response to a letter rogatory or request or
(B) by any form of mail requiring a signed
receipt, to be addressed and dispatched by the
clerk of the court to the agency or
instrumentality to be served, or
(C) as directed by order of the court
consistent with the law of the place where
service is to be made.
(c) Service shall be deemed to have been made--
(1) in the case of service under subsection (a)(4),
as of the date of transmittal indicated in the
certified copy of the diplomatic note; and
(2) in any other case under this section, as of the
date of receipt indicated in the certification, signed
and returned postal receipt, or other proof of service
applicable to the method of service employed.
(d) In any action brought in a court of the United States
or of a State, a foreign state, a political subdivision
thereof, or an agency or instrumentality of a foreign state
shall serve an answer or other responsive pleading to the
complaint within sixty days after service has been made under
this section.
(e) No judgment by default shall be entered by a court of
the United States or of a State against a foreign state, a
political subdivision thereof, or an agency or instrumentality
of a foreign state, unless the claimant establishes his claim
or right to relief by evidence satisfactory to the court. A
copy of any such default judgment shall be sent to the foreign
state or political subdivision in the manner prescribed for
service in this section
Sec. 1609. Immunity from attachment and execution of property of a
foreign state
Subject to existing international agreements to which the
United States is a party at the time of enactment of this Act
the property in the United States of a foreign state shall be
immune from attachment arrest and execution except as provided
in sections 1610 and 1611 of this chapter.
Sec. 1610. Exceptions to the immunity from attachment or execution
(a) The property in the United States of a foreign state,
as defined in section 1603(a) of this chapter, used for a
commercial activity in the United States, shall not be immune
from attachment in aid of execution, or from execution, upon a
judgment entered by a court of the United States or of a State
after the effective date of this Act, if--
(1) the foreign state has waived its immunity from
attachment in aid of execution or from execution either
explicitly or by implication, notwithstanding any
withdrawal of the waiver the foreign state may purport
to effect except in accordance with the terms of the
waiver, or
(2) the property is or was used for the commercial
activity upon which the claim is based, or
(3) the execution relates to a judgment establishing
rights in property which has been taken in violation of
international law or which has been exchanged for
property taken in violation of international law, or
(4) the execution relates to a judgment establishing
rights in property--
(A) which is acquired by succession or gift,
or
(B) which is immovable and situated in the
United States: Provided, That such property is
not used for purposes of maintaining a
diplomatic or consular mission or the residence
of the Chief of such mission, or
(5) the property consists of any contractual
obligation or any proceeds from such a contractual
obligation to indemnify or hold harmless the foreign
state or its employees under a policy of automobile or
other liability or casualty insurance covering the
claim which merged into the judgment; or \13\
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\13\ Sec. 3 of Public Law 100-669 (102 Stat. 3969) inserted ``;
or'' at the end of para. (5) and added a new para. (6).
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(6) \13\ the judgment is based on an order confirming
an arbitral award rendered against the foreign
state,\14\ provided that attachment in aid of
execution, or execution, would not be inconsistent with
any provision in the arbitral agreement, or \15\
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\14\ Sec. 325(b)(9)(A) of Public Law 101-650 (104 Stat. 5121)
struck out ``State'' and inserted in lieu thereof ``state''.
\15\ Sec. 221(b)(1) of Public Law 104-132 (110 Stat. 1242) struck
out a period at the end of para. (6), inserted in lieu thereof ``,
or'', and added a new para. (7).
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(7) \15\ the judgment relates to a claim for which
the foreign state is not immune under section
1605(a)(7), regardless of whether the property is or
was involved with the act upon which the claim is
based.
(b) In addition to subsection (a), any property in the
United States of an agency or instrumentality of a foreign
state engaged in commercial activity in the United States shall
not be immune from attachment in aid of execution, or from
execution, upon a judgment entered by a court of the United
States or of a State after the effective date of this Act, if--
(1) the agency or instrumentality has waived its
immunity from attachment in aid execution or from
execution either explicitly or implicitly,
notwithstanding any withdrawal of the waiver the agency
or instrumentality may purport to effect except in
accordance with the terms of the waiver, or
(2) the judgment relates to a claim for which the
agency or instrumentality is not immune by virtue of
section 1605(a) (2), (3), (5), or (7) \16\ or 1605(b)
of this chapter, regardless of whether the property is
or was involved in the act \17\ upon which the claim is
based.
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\16\ Sec. 221(b)(2)(A) of Public Law 104-132 (110 Stat. 1243)
struck out ``or (5)'' and inserted in lieu thereof ``(5), or (7)''.
\17\ Sec. 221(b)(2)(B) of Public Law 104-132 (110 Stat. 1243)
struck out ``used for the activity'' and inserted in lieu thereof
``involved in the act''.
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(c) No attachment or execution referred to in subsections
(a) and (b) of this section shall be permitted until the court
has ordered such attachment and execution after having
determined that a reasonable period of time has elapsed
following the entry of judgment and the giving of any notice
required under section 1608(e) of this chapter.
(d) The property of a foreign state, as defined in section
1603(a) of this chapter, used for a commercial activity in the
United States, shall not be immune from attachment prior to the
entry of judgment in any action brought in a court of the
United States or of a State, or prior to the elapse of the
period of time provided in subsection (c) of this section if--
(1) the foreign state has explicitly waived its
immunity from attachment prior to judgment,
notwithstanding any withdrawal of the waiver the
foreign state may purport to effect except in
accordance with the terms of the waiver, and
(2) the purpose of the attachment is to secure
satisfaction of a judgment that has been or may
ultimately be entered against the foreign state, and
not to obtain jurisdiction.
(e) \18\ The vessels of a foreign state \19\ shall not be
immune from arrest in rem, interlocutory sale, and execution in
actions brought to foreclose a preferred mortgage as provided
in section 1605(d).
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\18\ Sec. 2 of Public Law 100-640 (102 Stat. 3333) added subsec.
(e).
\19\ Sec. 325(b)(9)(B) of Public Law 101-650 (104 Stat. 5121)
struck out ``State'' and inserted in lieu thereof ``state''.
---------------------------------------------------------------------------
(f) \20\ (1)(A) Notwithstanding any other provision of law,
including but not limited to section 208(f) of the Foreign
Missions Act (22 U.S.C. 4308(f)), and except as provided in
subparagraph (B), any property with respect to which financial
transactions are prohibited or regulated pursuant to section
5(b) of the Trading with the Enemy Act (50 U.S.C. App. 5(b)),
section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2370(a)), sections 202 and 203 of the International Emergency
Economic Powers Act (50 U.S.C. 1701-1702), or any other
proclamation, order, regulation, or license issued pursuant
thereto, shall be subject to execution or attachment in aid of
execution of any judgment relating to a claim for which a
foreign state (including any agency or instrumentality or such
state) claiming such property is not immune under section
1605(a)(7).
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\20\ Sec. 117(a) of the Treasury Department Appropriations Act,
1999 (sec. 101(h) of Public Law 105-277; 112 Stat. 2681-491) added
subsec. (f). Sec. 117(d) of that Act (112 Stat. 2681-492) provided that
``The President may waive the requirements of this section in the
interest of national security.'' Sec. 2002(f)(2) of Public Law 106-386
(114 Stat. 1543) subsequently repealed sec. 117(d), and added similar
language to this section as sec. 1610(f)(3).
---------------------------------------------------------------------------
(B) Subparagraph (A) shall not apply if, at the time the
property is expropriated or seized by the foreign state, the
property has been held in title by a natural person or, if held
in trust, has been held for the benefit of a natural person or
persons.
(2)(A) At the request of any party in whose favor a
judgment has been issued with respect to a claim for which the
foreign state is not immune under section 1605(a)(7), the
Secretary of the Treasury and the Secretary of State should
make every effort to \21\ fully, promptly, and effectively
assist any judgment creditor or any court that has issued any
such judgment in identifying, locating, and executing against
the property of that foreign state or any agency or
instrumentality of such state.
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\21\ Sec. 2002(f)(1)(A) of Public Law 106-386 (114 Stat. 1543)
struck out ``shall'' and inserted in lieu thereof ``should make every
effort to''. Sec. 201(c)(3) of Public Law 107-297 (116 Stat. 2337)
redesignated sec. 2002(f)(1)(A) of Public Law 106-386 as sec.
2002(g)(1)(A).
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(B) In providing such assistance, the Secretaries--
(i) may provide such information to the court under
seal; and
(ii) should make every effort to \21\ provide the
information in a manner sufficient to allow the court
to direct the United States Marshall's office to
promptly and effectively execute against that property.
(3) \22\ Waiver.--The President may waive any provision of
paragraph (1) in the interest of national security.
---------------------------------------------------------------------------
\22\ Sec. 2002(f)(1)(B) of Public Law 106-386 (114 Stat. 1543)
added para. (3).
---------------------------------------------------------------------------
Sec. 1611. Certain types of property immune from execution
(a) Notwithstanding the provisions of section 1610 of this
chapter, the property of those organizations designated by the
President as being entitled to enjoy the privileges,
exemptions, and immunities provided by the International
Organizations Immunities Act shall not be subject to attachment
or any other judicial process impeding the disbursement of
funds to, or on the order of, a foreign state as the result of
an action brought in the courts of the United States or of the
States.
(b) Notwithstanding the provisions of section 1610 of this
chapter, the property of a foreign state shall be immune from
attachment and from the execution, if--
(1) the property is that of a foreign central bank or
monetary authority held for its own account, unless
such bank or authority, or its parent foreign
government, has explicitly waived its immunity from
attachment in aid of execution, or from execution
notwithstanding any withdrawal of the waiver which the
bank, authority or government may purport to effect
except in accordance with the terms of the waiver; or
(2) the property is, or is intended to be, used in
connection with a military activity and
(A) is of a military character, or
(B) is under the control of a military
authority or defense agency.
(c) \23\ Notwithstanding the provisions of section 1610 of
this chapter, the property of a foreign state shall be immune
from attachment and from execution in an action brought under
section 302 of the Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996 to the extent that the property is a
facility or installation used by an accredited diplomatic
mission for official purposes.
---------------------------------------------------------------------------
\23\ Sec. 302(e) of Public Law 104-114 (110 Stat. 818) added
subsec. (c).
k. Diplomatic Relations Act
Partial text of Public Law 95-393 [H.R. 7819], 92 Stat. 808, approved
September 30, 1978; as amended by Public Law 97-241 [Department of
State Authorization Act, Fiscal Years 1982 and 1983; S. 1193], 96 Stat.
273 at 290, approved August 24, 1982; and Public Law 98-164 [Department
of State Authorization Act, Fiscal Years 1984 and 1985; H.R. 2915], 97
Stat. 1017 at 1042, approved November 22, 1983
AN ACT To complement the Vienna Convention on Diplomatic Relations.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
short title
Section 1. This Act may be cited as the ``Diplomatic
Relations Act''.
definitions
Sec. 2.\1\ As used in this Act--
---------------------------------------------------------------------------
\1\ 22 U.S.C. 254a.
---------------------------------------------------------------------------
(1) the term ``members of a mission'' means--
(A) \2\ the head of a mission and those
members of a mission who are members of the
diplomatic staff or who, pursuant to law, are
granted equivalent privileges and immunities,
---------------------------------------------------------------------------
\2\ Sec. 203(b)(1) of Public Law 97-241 (96 Stat. 290) amended and
restated subpara. (A). It formerly read as follows:
``(A) the head of a mission and members of the diplomatic staff of
a mission,''.
---------------------------------------------------------------------------
(B) members of the administrative and
technical staff of a mission, and
(C) members of the service staff of a
mission,
as such terms are defined in Article 1 of the Vienna
Convention;
(2) the term ``family'' means--
(A) the members of the family of a member of
a mission described in paragraph (1)(A) who
form part of his or her household if they are
not nationals of the United States, and
(B) the members of the family of a member of
a mission described in paragraph (1)(B) who
form part of his or her household if they are
not nationals or permanent residents of the
United States.
within the meaning of Article 37 of the Vienna
Convention;
(3) the term ``mission'' includes missions within the
meaning of the Vienna convention and any missions
representing foreign governments, individually or
collectively, which are extended the same privileges
and immunities, pursuant to law, as are enjoyed by
missions under the Vienna Convention; and
(4) the term ``Vienna Convention'' means the Vienna
Convention on Diplomatic Relations of April 18, 1961
(T.I.A.S. numbered 7502; 23 U.S.T. 3227), entered into
force with respect to the United States on December 13,
1972.
establishment of the vienna convention as the united states law on
diplomatic privileges and immunities
Sec. 3. (a) * * *
(b) \3\ With respect to a nonparty to the Vienna
Convention, the mission, the members of the mission, their
families, and diplomatic couriers shall enjoy the privileges
and immunities specified in the Vienna Convention.
---------------------------------------------------------------------------
\3\ 22 U.S.C. 254b. Sec. 203(b)(2) of Public Law 97-241 (96 Stat.
291) amended and restated subsec. (b). It formerly read as follows:
``(b) Members of the mission of a sending state which has not
ratified the Vienna Convention, their families, and the diplomatic
couriers of such state, shall enjoy the privileges and immunities
specified in the Vienna Convention.''.
---------------------------------------------------------------------------
authority to extend more favorable or less favorable treatment
Sec. 4.\4\ The President may, on the basis of reciprocity
and under such terms and conditions as he may determine,
specify privileges and immunities for the mission, the \5\
members of the mission, their families, and the diplomatic
couriers \6\ which result in more favorable treatment or less
favorable treatment than is provided under the Vienna
Convention.
---------------------------------------------------------------------------
\4\ 22 U.S.C. 254c. Executive Order 12101 (43 F.R. 54195; November
17, 1978) designated the Secretary of State to perform the functions
specified in sec. 4.
\5\ Sec. 203(b)(3)(A) of Public Law 97-241 (96 Stat. 291) added
``the mission, the''.
\6\ Sec. 203(b)(3)(B) of Public Law 97-241 (96 Stat. 291) struck
out ``of any sending state'' at this point.
---------------------------------------------------------------------------
dismissal of actions against individuals entitled to immunity
Sec. 5.\7\ Any action or proceeding brought against an
individual who is entitled to immunity with respect to such
action or proceeding under the Vienna Convention on Diplomatic
Relations, under section 3(b) or 4 of this Act, or under any
other laws extending diplomatic privileges and immunities,
shall be dismissed. Such immunity may be established upon
motion or suggestion by or on behalf of the individual, or as
otherwise permitted by law or applicable rules of procedure.
---------------------------------------------------------------------------
\7\ 22 U.S.C. 254d.
---------------------------------------------------------------------------
requirement for liability insurance
Sec. 6.\8\ (a) Each mission, members of the mission and
their families, and individuals described in section 19 of the
Convention on Privileges and Immunities of the United Nations
of February 13, 1946, shall comply with any requirement imposed
by the regulations promulgated by the Director of the Office of
Foreign Missions in the Department of State \9\ pursuant to
subsection (b).
---------------------------------------------------------------------------
\8\ 22 U.S.C. 254c.
\9\ Sec. 602(1) of the Department of State Authorization Act,
Fiscal Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1042) struck
out ``President'' and inserted in lieu thereof ``Director of the Office
of Foreign Missions in the Department of State''. Previously, Executive
Order 12101 (43 F.R. 54195; November 17, 1978) had designated the
Secretary of State to perform the functions specified in sec. 6.
---------------------------------------------------------------------------
(b) The Director of the Office of Foreign Missions shall,
by regulation, establish liability insurance requirements which
can reasonably be expected to afford adequate compensation to
victims and which are \10\ to be met by each mission, members
of the mission and their families, and individuals described in
section 19 of the Convention on Privileges and Immunities of
the United Nations of February 13, 1946, relating to risks
arising from the operation in the United States of any motor
vehicle, vessel, or aircraft.
---------------------------------------------------------------------------
\10\ Sec. 602(2) of Public Law 98-164 (97 Stat. 1042) struck out
``The President shall by regulation, establish liability insurance
requirements'' and inserted in lieu thereof ``The Director of the
Office of Foreign Missions shall, by regulation, establish liability
insurance requirements which can reasonably be expected to afford
adequate compensation to victims and which are''.
---------------------------------------------------------------------------
(c) The Director of the Office of Foreign Missions \11\
shall take such steps as he may deem necessary to insure that
each mission, members of the mission and their families, and
individuals described in section 19 of the Convention on
Privileges and Immunities of the United Nations of February 13,
1946, who operate motor vehicles, vessels, or aircraft in the
United States comply with the requirements established pursuant
to subsection (b).
---------------------------------------------------------------------------
\11\ Sec. 602(3) of Public Law 98-164 (97 Stat. 1042) struck out
``President'' and inserted in lieu thereof ``Director of the Office of
Foreign Missions''.
---------------------------------------------------------------------------
Sec. 7. (a) That chapter 85 of title 28, United States
Code, is amended by the addition of the following new section:
``Sec. 1364. Direct actions against insurers of members of diplomatic
missions and their families
``(a) The district courts shall have original and exclusive
jurisdiction, without regard to the amount in controversy, of
any civil action commenced by any person against an insurer who
by contract has insured an individual, who is a member of a
mission (within the meaning of section 2(3) of the Diplomatic
Relations Act (22 U.S.C. 254a(3)) \12\) or a member of the
family of such a member of a mission, or an individual
described in section 19 of the Convention on Privileges and
Immunities of the United Nations of February 13, 1946, against
liability for personal injury, death, or damage to property.
---------------------------------------------------------------------------
\12\ Sec. 203(b)(4) of Public Law 97-241 (96 Stat. 291) struck out
``as defined in the Vienna Convention on Diplomatic Relations'' and
inserted in lieu thereof ``within the meaning of section 2(3) of the
Diplomatic Relations Act (22 U.S.C. 254a(3))''. The amendment results
in a double closing parenthesis mark after ``254a(3)''.
---------------------------------------------------------------------------
``(b) Any direct action brought against an insurer under
subsection (a) shall be tried without a jury, but shall not be
subject to the defense that the insured is immune from suit,
that the insured is an indispensable party, or in the absence
of fraud or collusion, that the insured has violated a term of
the contract, unless the contract was cancelled before the
claim arose.''
(b) * * *
* * * * * * *
effective date
Sec. 9. This Act shall take effect at the end of the
ninety-day period beginning on the date of its enactment.
l. Diplomatic Reciprocity
(1) Equivalency of Representation Between the United States and Hostile
Powers
Partial text of Public Law 98-618 [Intelligence Authorization Act for
Fiscal Year 1985, H.R. 5399], 98 Stat. 3298, approved November 8, 1984
AN ACT To authorize appropriations for fiscal year 1985 for
intelligence and intelligence-related activities of the United States
Government, the Intelligence Community Staff, 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, That this
Act may be cited as the ``Intelligence Authorization Act for
Fiscal Year 1985''.
* * * * * * *
TITLE VI--COUNTERINTELLIGENCE AND OFFICIAL REPRESENTATION
policy toward certain agents of foreign governments
Sec. 601.\1\ (a) It is the sense of the Congress that the
numbers, status, privileges and immunities, travel,
accommodations, and facilities within the United States of
official representatives to the United States of any foreign
government that engages in intelligence activities within the
United States harmful to the national security of the United
States should not exceed the respective numbers, status,
privileges and immunities, travel accommodations, and
facilities within such country of official representatives of
the United States to such country.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 254c-1.
---------------------------------------------------------------------------
(b) Beginning one year after the date of enactment of this
section, and at intervals of one year thereafter, the President
shall prepare and transmit to the Committee on Foreign
Relations and Select Committee on Intelligence of the Senate
and the Committee on Foreign Affairs \2\ and Permanent Select
Committee on Intelligence of the House of Representatives a
report on the numbers, status, privileges and immunities,
travel, accommodations, and facilities within the United States
of official representatives to the United States of any foreign
government that engages in intelligence activities within the
United States harmful to the national security of the United
States and the respective numbers, status, privileges and
immunities, travel, accommodations, and facilities within such
country of official representatives of the United States to
such country, and action which may have been taken with respect
thereto.
---------------------------------------------------------------------------
\2\ 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.
---------------------------------------------------------------------------
(c) \3\ * * *
---------------------------------------------------------------------------
\3\ Subsec. (c) amended sec. 203 of the State Department Basic
Authorities Act of 1956; pursuant to subsec. (d), the amendments were
effective for particular appointments made after enactment of the
subsection (November 8, 1984).
---------------------------------------------------------------------------
(d) \3\ * * *
* * * * * * *
(2) Soviet Employees on U.S. Diplomatic Premises
Partial text of Public Law 99-93 [H.R. 2068], 99 Stat. 405, approved
August 16, 1985
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. 136.\1\ SOVIET EMPLOYEES AT UNITED STATES DIPLOMATIC AND CONSULAR
MISSIONS IN THE SOVIET UNION.
(a) Limitation.--To the maximum extent practicable,
citizens of the Soviet Union shall not be employed as foreign
national employees at United States diplomatic or consular
missions in the Soviet Union after September 30, 1986.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 3943 note.
---------------------------------------------------------------------------
(b) \2\ Report.--Should the President determine that the
implementation of subsection (a) poses undue practical or
administrative difficulties, he is requested to submit a report
to the Congress describing the number and type of Soviet
foreign national employees he wishes to retain at or in
proximity to United States diplomatic and consular posts in the
Soviet Union, the anticipated duration of their continued
employment, the reasons for their continued employment, and the
risks associated with the retention of these employees.
---------------------------------------------------------------------------
\2\ On October 24, 1991, the President issued Determination No. 92-
4 (56 F.R. 56567; November 6, 1991), wherein he stated:
``* * * I hereby determine that implementation of section 136(a) of
the [Foreign Relations Authorization] Act [, Fiscal Years 1986 and
1987], poses undue practical and administrative difficulties.
Consistent with this determination, you [Secretary of State] are
authorized to employ Soviet nationals in nonsensitive areas of the New
Embassy Compound in Moscow under strict monitoring by cleared
Americans. Further, I delegate to you the responsibility vested in me
by section 136(b) of the Act, to report to the Congress on
circumstances relevant to this determination. Such responsibility may
be redelegated within the Department of State.''.
13. Relating to International Agreements on Children
a. Intercountry Adoption Act of 2000
Partial text of Public Law 106-279 [H.R. 2909], 114 Stat. 825, approved
October 6, 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
AN ACT To provide for implementation by the United States of the Hague
Convention on Protection of Children and Co-operation in Respect of
Intercountry Adoption, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Intercountry Adoption Act of 2000''.
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\1\ 42 U.S.C. 14901 note.
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(b) Table of Contents.--The table of contents of this Act
is as follows: * * *
SEC. 2.\2\ FINDINGS AND PURPOSES.
(a) Findings.--Congress recognizes--
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\2\ 42 U.S.C. 14901.
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(1) the international character of the Convention on
Protection of Children and Co-operation in Respect of
Intercountry Adoption (done at The Hague on May 29,
1993); and
(2) the need for uniform interpretation and
implementation of the Convention in the United States
and abroad,
and therefore finds that enactment of a Federal law governing
adoptions and prospective adoptions subject to the Convention
involving United States residents is essential.
(b) Purposes.--The purposes of this Act are--
(1) to provide for implementation by the United
States of the Convention;
(2) to protect the rights of, and prevent abuses
against, children, birth families, and adoptive parents
involved in adoptions (or prospective adoptions)
subject to the Convention, and to ensure that such
adoptions are in the children's best interests; and
(3) to improve the ability of the Federal Government
to assist United States citizens seeking to adopt
children from abroad and residents of other countries
party to the Convention seeking to adopt children from
the United States.
SEC. 3.\3\ DEFINITIONS.
As used in this Act:
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\3\ 42 U.S.C. 14902.
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(1) Accredited agency.--The term ``accredited
agency'' means an agency accredited under title II to
provide adoption services in the United States in cases
subject to the Convention.
(2) Accrediting entity.--The term ``accrediting
entity'' means an entity designated under section
202(a) to accredit agencies and approve persons under
title II.
(3) Adoption service.--The term ``adoption service''
means--
(A) identifying a child for adoption and
arranging an adoption;
(B) securing necessary consent to termination
of parental rights and to adoption;
(C) performing a background study on a child
or a home study on a prospective adoptive
parent, and reporting on such a study;
(D) making determinations of the best
interests of a child and the appropriateness of
adoptive placement for the child;
(E) post-placement monitoring of a case until
final adoption; and
(F) where made necessary by disruption before
final adoption, assuming custody and providing
child care or any other social service pending
an alternative placement.
The term ``providing'', with respect to an adoption service,
includes facilitating the provision of the service.
(4) Agency.--The term ``agency'' means any person
other than an individual.
(5) Approved person.--The term ``approved person''
means a person approved under title II to provide
adoption services in the United States in cases subject
to the Convention.
(6) Attorney general.--Except as used in section 404,
the term ``Attorney General'' means the Attorney
General, acting through the Commissioner of Immigration
and Naturalization.
(7) Central authority.--The term ``central
authority'' means the entity designated as such by any
Convention country under Article 6(1) of the
Convention.
(8) Central authority function.--The term ``central
authority function'' means any duty required to be
carried out by a central authority under the
Convention.
(9) Convention.--The term ``Convention'' means the
Convention on Protection of Children and Co-operation
in Respect of Intercountry Adoption, done at The Hague
on May 29, 1993.
(10) Convention adoption.--The term ``Convention
adoption'' means an adoption of a child resident in a
foreign country party to the Convention by a United
States citizen, or an adoption of a child resident in
the United States by an individual residing in another
Convention country.
(11) Convention record.--The term ``Convention
record'' means any item, collection, or grouping of
information contained in an electronic or physical
document, an electronic collection of data, a
photograph, an audio or video tape, or any other
information storage medium of any type whatever that
contains information about a specific past, current, or
prospective Convention adoption (regardless of whether
the adoption was made final) that has been preserved in
accordance with section 401(a) by the Secretary of
State or the Attorney General.
(12) Convention country.--The term ``Convention
country'' means a country party to the Convention.
(13) Other convention country.--The term ``other
Convention country'' means a Convention country other
than the United States.
(14) Person.--The term ``person'' shall have the
meaning provided in section 1 of title 1, United States
Code, and shall not include any agency of government or
tribal government entity.
(15) Person with an ownership or control interest.--
The term ``person with an ownership or control
interest'' has the meaning given such term in section
1124(a)(3) of the Social Security Act (42 U.S.C. 1320a-
3).
(16) Secretary.--The term ``Secretary'' means the
Secretary of State.
(17) State.--The term ``State'' means the 50 States,
the District of Columbia, the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands,
Guam, and the Virgin Islands.
TITLE I--UNITED STATES CENTRAL AUTHORITY
SEC. 101.\4\ DESIGNATION OF CENTRAL AUTHORITY.
(a) In General.--For purposes of the Convention and this
Act--
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\4\ 42 U.S.C. 14911.
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(1) the Department of State shall serve as the
central authority of the United States; and
(2) the Secretary shall serve as the head of the
central authority of the United States.
(b) Performance of Central Authority Functions.--
(1) Except as otherwise provided in this Act, the
Secretary shall be responsible for the performance of
all central authority functions for the United States
under the Convention and this Act.
(2) All personnel of the Department of State
performing core central authority functions in a
professional capacity in the Office of Children's
Issues shall have a strong background in consular
affairs, personal experience in international
adoptions, or professional experience in international
adoptions or child services.
(c) Authority To Issue Regulations.--Except as otherwise
provided in this Act, the Secretary may prescribe such
regulations as may be necessary to carry out central authority
functions on behalf of the United States.
SEC. 102.\5\ RESPONSIBILITIES OF THE SECRETARY OF STATE.
(a) Liaison Responsibilities.--The Secretary shall have
responsibility for--
---------------------------------------------------------------------------
\5\ 42 U.S.C. 14912.
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(1) liaison with the central authorities of other
Convention countries; and
(2) the coordination of activities under the
Convention by persons subject to the jurisdiction of
the United States.
(b) Information Exchange.--The Secretary shall be
responsible for--
(1) providing the central authorities of other
Convention countries with information concerning--
(A) accredited agencies and approved persons,
agencies and persons whose accreditation or
approval has been suspended or canceled, and
agencies and persons who have been temporarily
or permanently debarred from accreditation or
approval;
(B) Federal and State laws relevant to
implementing the Convention; and
(C) any other matters necessary and
appropriate for implementation of the
Convention;
(2) not later than the date of the entry into force
of the Convention for the United States (pursuant to
Article 46(2)(a) of the Convention) and at least once
during each subsequent calendar year, providing to the
central authority of all other Convention countries a
notice requesting the central authority of each such
country to specify any requirements of such country
regarding adoption, including restrictions on the
eligibility of persons to adopt, with respect to which
information on the prospective adoptive parent or
parents in the United States would be relevant;
(3) making responses to notices under paragraph (2)
available to--
(A) accredited agencies and approved persons;
and
(B) other persons or entities performing home
studies under section 201(b)(1);
(4) ensuring the provision of a background report
(home study) on prospective adoptive parent or parents
(pursuant to the requirements of section
203(b)(1)(A)(ii)), through the central authority of
each child's country of origin, to the court having
jurisdiction over the adoption (or, in the case of a
child emigrating to the United States for the purpose
of adoption, to the competent authority in the child's
country of origin with responsibility for approving the
child's emigration) in adequate time to be considered
prior to the granting of such adoption or approval;
(5) providing Federal agencies, State courts, and
accredited agencies and approved persons with an
identification of Convention countries and persons
authorized to perform functions under the Convention in
each such country; and
(6) facilitating the transmittal of other appropriate
information to, and among, central authorities, Federal
and State agencies (including State courts), and
accredited agencies and approved persons.
(c) Accreditation and Approval Responsibilities.--The
Secretary shall carry out the functions prescribed by the
Convention with respect to the accreditation of agencies and
the approval of persons to provide adoption services in the
United States in cases subject to the Convention as provided in
title II. Such functions may not be delegated to any other
Federal agency.
(d) Additional Responsibilities.--The Secretary--
(1) shall monitor individual Convention adoption
cases involving United States citizens; and
(2) may facilitate interactions between such citizens
and officials of other Convention countries on matters
relating to the Convention in any case in which an
accredited agency or approved person is unwilling or
unable to provide such facilitation.
(e) Establishment of Registry.--The Secretary and the
Attorney General shall jointly establish a case registry of all
adoptions involving immigration of children into the United
States and emigration of children from the United States,
regardless of whether the adoption occurs under the Convention.
Such registry shall permit tracking of pending cases and
retrieval of information on both pending and closed cases.
(f) Methods of Performing Responsibilities.--The Secretary
may--
(1) authorize public or private entities to perform
appropriate central authority functions for which the
Secretary is responsible, pursuant to regulations or
under agreements published in the Federal Register; and
(2) carry out central authority functions through
grants to, or contracts with, any individual or public
or private entity, except as may be otherwise
specifically provided in this Act.
SEC. 103.\6\ RESPONSIBILITIES OF THE ATTORNEY GENERAL.
In addition to such other responsibilities as are
specifically conferred upon the Attorney General by this Act,
the central authority functions specified in Article 14 of the
Convention (relating to the filing of applications by
prospective adoptive parents to the central authority of their
country of residence) shall be performed by the Attorney
General.
---------------------------------------------------------------------------
\6\ 42 U.S.C. 14913.
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SEC. 104.\7\ ANNUAL REPORT ON INTERCOUNTRY ADOPTIONS.
(a) Reports Required.--Beginning 1 year after the date of
the entry into force of the Convention for the United States
and each year thereafter, the Secretary, in consultation with
the Attorney General and other appropriate agencies, shall
submit a report describing the activities of the central
authority of the United States under this Act during the
preceding year to the Committee on International Relations, the
Committee on Ways and Means, and the Committee on the Judiciary
of the House of Representatives and the Committee on Foreign
Relations, the Committee on Finance, and the Committee on the
Judiciary of the Senate.
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\7\ 42 U.S.C. 14914.
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(b) Report Elements.--Each report under subsection (a)
shall set forth with respect to the year concerned, the
following:
(1) The number of intercountry adoptions involving
immigration to the United States, regardless of whether
the adoption occurred under the Convention, including
the country from which each child emigrated, the State
to which each child immigrated, and the country in
which the adoption was finalized.
(2) The number of intercountry adoptions involving
emigration from the United States, regardless of
whether the adoption occurred under the Convention,
including the country to which each child immigrated
and the State from which each child emigrated.
(3) The number of Convention placements for adoption
in the United States that were disrupted, including the
country from which the child emigrated, the age of the
child, the date of the placement for adoption, the
reasons for the disruption, the resolution of the
disruption, the agencies that handled the placement for
adoption, and the plans for the child, and in addition,
any information regarding disruption or dissolution of
adoptions of children from other countries received
pursuant to section 422(b)(14) of the Social Security
Act, as amended by section 205 of this Act.
(4) The average time required for completion of a
Convention adoption, set forth by country from which
the child emigrated.
(5) The current list of agencies accredited and
persons approved under this Act to provide adoption
services.
(6) The names of the agencies and persons temporarily
or permanently debarred under this Act, and the reasons
for the debarment.
(7) The range of adoption fees charged in connection
with Convention adoptions involving immigration to the
United States and the median of such fees set forth by
the country of origin.
(8) The range of fees charged for accreditation of
agencies and the approval of persons in the United
States engaged in providing adoption services under the
Convention.
TITLE II--PROVISIONS RELATING TO ACCREDITATION AND APPROVAL
SEC. 201.\8\ ACCREDITATION OR APPROVAL REQUIRED IN ORDER TO PROVIDE
ADOPTION SERVICES IN CASES SUBJECT TO THE
CONVENTION.
(a) In General.--Except as otherwise provided in this
title, no person may offer or provide adoption services in
connection with a Convention adoption in the United States
unless that person--
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\8\ 42 U.S.C. 14921.
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(1) is accredited or approved in accordance with this
title; or
(2) is providing such services through or under the
supervision and responsibility of an accredited agency
or approved person.
(b) Exceptions.--Subsection (a) shall not apply to the
following:
(1) Background studies and home studies.--The
performance of a background study on a child or a home
study on a prospective adoptive parent, or any report
on any such study by a social work professional or
organization who is not providing any other adoption
service in the case, if the background or home study is
approved by an accredited agency.
(2) Child welfare services.--The provision of a child
welfare service by a person who is not providing any
other adoption service in the case.
(3) Legal services.--The provision of legal services
by a person who is not providing any adoption service
in the case.
(4) Prospective adoptive parents acting on own
behalf.--The conduct of a prospective adoptive parent
on his or her own behalf in the case, to the extent not
prohibited by the law of the State in which the
prospective adoptive parent resides.
SEC. 202.\9\ PROCESS FOR ACCREDITATION AND APPROVAL; ROLE OF
ACCREDITING ENTITIES.
(a) Designation of Accrediting Entities.--
(1) In general.--The Secretary shall enter into
agreements with one or more qualified entities under
which such entities will perform the duties described
in subsection (b) in accordance with the Convention,
this title, and the regulations prescribed under
section 203, and upon entering into each such agreement
shall designate the qualified entity as an accrediting
entity.
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\9\ 42 U.S.C. 14922.
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(2) Qualified entities.--In paragraph (1), the term
``qualified entity'' means--
(A) a nonprofit private entity that has
expertise in developing and administering
standards for entities providing child welfare
services and that meets such other criteria as
the Secretary may by regulation establish; or
(B) a public entity (other than a Federal
entity), including an agency or instrumentality
of State government having responsibility for
licensing adoption agencies, that--
(i) has expertise in developing and
administering standards for entities
providing child welfare services;
(ii) accredits only agencies located
in the State in which the public entity
is located; and
(iii) meets such other criteria as
the Secretary may by regulation
establish.
(b) Duties of Accrediting Entities.--The duties described
in this subsection are the following:
(1) Accreditation and approval.--Accreditation of
agencies, and approval of persons, to provide adoption
services in the United States in cases subject to the
Convention.
(2) Oversight.--Ongoing monitoring of the compliance
of accredited agencies and approved persons with
applicable requirements, including review of complaints
against such agencies and persons in accordance with
procedures established by the accrediting entity and
approved by the Secretary.
(3) Enforcement.--Taking of adverse actions
(including requiring corrective action, imposing
sanctions, and refusing to renew, suspending, or
canceling accreditation or approval) for noncompliance
with applicable requirements, and notifying the agency
or person against whom adverse actions are taken of the
deficiencies necessitating the adverse action.
(4) Data, records, and reports.--Collection of data,
maintenance of records, and reporting to the Secretary,
the United States central authority, State courts, and
other entities (including on persons and agencies
granted or denied approval or accreditation), to the
extent and in the manner that the Secretary requires.
(c) Remedies for Adverse Action by Accrediting Entity.--
(1) Correction of deficiency.--An agency or person
who is the subject of an adverse action by an
accrediting entity may re-apply for accreditation or
approval (or petition for termination of the adverse
action) on demonstrating to the satisfaction of the
accrediting entity that the deficiencies necessitating
the adverse action have been corrected.
(2) No other administrative review.--An adverse
action by an accrediting entity shall not be subject to
administrative review.
(3) Judicial review.--An agency or person who is the
subject of an adverse action by an accrediting entity
may petition the United States district court in the
judicial district in which the agency is located or the
person resides to set aside the adverse action. The
court shall review the adverse action in accordance
with section 706 of title 5, United States Code, and
for purposes of such review the accrediting entity
shall be considered an agency within the meaning of
section 701 of such title.
(d) Fees.--The amount of fees assessed by accrediting
entities for the costs of accreditation shall be subject to
approval by the Secretary. Such fees may not exceed the costs
of accreditation. In reviewing the level of such fees, the
Secretary shall consider the relative size of, the geographic
location of, and the number of Convention adoption cases
managed by the agencies or persons subject to accreditation or
approval by the accrediting entity.
SEC. 203.\10\ STANDARDS AND PROCEDURES FOR PROVIDING ACCREDITATION OR
APPROVAL.
(a) In General.--
(1) Promulgation of regulations.--The Secretary,
shall, by regulation, prescribe the standards and
procedures to be used by accrediting entities for the
accreditation of agencies and the approval of persons
to provide adoption services in the United States in
cases subject to the Convention.
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\10\ 42 U.S.C. 14923.
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(2) Consideration of views.--In developing such
regulations, the Secretary shall consider any standards
or procedures developed or proposed by, and the views
of, individuals and entities with interest and
expertise in international adoptions and family social
services, including public and private entities with
experience in licensing and accrediting adoption
agencies.
(3) Applicability of notice and comment rules.--
Subsections (b), (c), and (d) of section 553 of title
5, United States Code, shall apply in the development
and issuance of regulations under this section.
(b) Minimum Requirements.--
(1) Accreditation.--The standards prescribed under
subsection (a) shall include the requirement that
accreditation of an agency may not be provided or
continued under this title unless the agency meets the
following requirements:
(A) Specific requirements.--
(i) The agency provides prospective
adoptive parents of a child in a
prospective Convention adoption a copy
of the medical records of the child
(which, to the fullest extent
practicable, shall include an English-
language translation of such records)
on a date which is not later than the
earlier of the date that is 2 weeks
before: (I) the adoption; or (II) the
date on which the prospective parents
travel to a foreign country to complete
all procedures in such country relating
to the adoption.
(ii) The agency ensures that a
thorough background report (home study)
on the prospective adoptive parent or
parents has been completed in
accordance with the Convention and with
applicable Federal and State
requirements and transmitted to the
Attorney General with respect to each
Convention adoption. Each such report
shall include a criminal background
check and a full and complete statement
of all facts relevant to the
eligibility of the prospective adopting
parent or parents to adopt a child
under any requirements specified by the
central authority of the child's
country of origin under section
102(b)(3), including, in the case of a
child emigrating to the United States
for the purpose of adoption, the
requirements of the child's country of
origin applicable to adoptions taking
place in such country. For purposes of
this clause, the term ``background
report (home study)'' includes any
supplemental statement submitted by the
agency to the Attorney General for the
purpose of providing information
relevant to any requirements specified
by the child's country of origin.
(iii) The agency provides prospective
adoptive parents with a training
program that includes counseling and
guidance for the purpose of promoting a
successful intercountry adoption before
such parents travel to adopt the child
or the child is placed with such
parents for adoption.
(iv) The agency employs personnel
providing intercountry adoption
services on a fee for service basis
rather than on a contingent fee basis.
(v) The agency discloses fully its
policies and practices, the disruption
rates of its placements for
intercountry adoption, and all fees
charged by such agency for intercountry
adoption.
(B) Capacity to provide adoption services.--
The agency has, directly or through
arrangements with other persons, a sufficient
number of appropriately trained and qualified
personnel, sufficient financial resources,
appropriate organizational structure, and
appropriate procedures to enable the agency to
provide, in accordance with this Act, all
adoption services in cases subject to the
Convention.
(C) Use of social service professionals.--The
agency has established procedures designed to
ensure that social service functions requiring
the application of clinical skills and judgment
are performed only by professionals with
appropriate qualifications and credentials.
(D) Records, reports, and information
matters.--The agency is capable of--
(i) maintaining such records and
making such reports as may be required
by the Secretary, the United States
central authority, and the accrediting
entity that accredits the agency;
(ii) cooperating with reviews,
inspections, and audits;
(iii) safeguarding sensitive
individual information; and
(iv) complying with other
requirements concerning information
management necessary to ensure
compliance with the Convention, this
Act, and any other applicable law.
(E) Liability insurance.--The agency agrees
to have in force adequate liability insurance
for professional negligence and any other
insurance that the Secretary considers
appropriate.
(F) Compliance with applicable rules.--The
agency has established adequate measures to
comply (and to ensure compliance of their
agents and clients) with the Convention, this
Act, and any other applicable law.
(G) Nonprofit organization with state license
to provide adoption services.--The agency is a
private nonprofit organization licensed to
provide adoption services in at least one
State.
(2) Approval.--The standards prescribed under
subsection (a) shall include the requirement that a
person shall not be approved under this title unless
the person is a private for-profit entity that meets
the requirements of subparagraphs (A) through (F) of
paragraph (1) of this subsection.
(3) Renewal of accreditation or approval.--The
standards prescribed under subsection (a) shall provide
that the accreditation of an agency or approval of a
person under this title shall be for a period of not
less than 3 years and not more than 5 years, and may be
renewed on a showing that the agency or person meets
the requirements applicable to original accreditation
or approval under this title.
(c) Temporary Registration of Community Based Agencies.--
(1) One-year registration period for medium community
based agencies.--For a 1-year period after the entry
into force of the Convention and notwithstanding
subsection (b), the Secretary may provide, in
regulations issued pursuant to subsection (a), that an
agency may register with the Secretary and be
accredited to provide adoption services in the United
States in cases subject to the Convention during such
period if the agency has provided adoption services in
fewer than 100 intercountry adoptions in the preceding
calendar year and meets the criteria described in
paragraph (3).
(2) Two-year registration period for small community-
based agencies.--For a 2-year period after the entry
into force of the Convention and notwithstanding
subsection (b), the Secretary may provide, in
regulations issued pursuant to subsection (a), that an
agency may register with the Secretary and be
accredited to provide adoption services in the United
States in cases subject to the Convention during such
period if the agency has provided adoption services in
fewer than 50 intercountry adoptions in the preceding
calendar year and meets the criteria described in
paragraph (3).
(3) Criteria for registration.--Agencies registered
under this subsection shall meet the following
criteria:
(A) The agency is licensed in the State in
which it is located and is a nonprofit agency.
(B) The agency has been providing adoption
services in connection with intercountry
adoptions for at least 3 years.
(C) The agency has demonstrated that it will
be able to provide the United States Government
with all information related to the elements
described in section 104(b) and provides such
information.
(D) The agency has initiated the process of
becoming accredited under the provisions of
this Act and is actively taking steps to become
an accredited agency.
(E) The agency has not been found to be
involved in any improper conduct relating to
intercountry adoptions.
SEC. 204.\11\ SECRETARIAL OVERSIGHT OF ACCREDITATION AND APPROVAL.
(a) Oversight of Accrediting Entities.--The Secretary
shall--
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\11\ 42 U.S.C. 14924.
---------------------------------------------------------------------------
(1) monitor the performance by each accrediting
entity of its duties under section 202 and its
compliance with the requirements of the Convention,
this Act, other applicable laws, and implementing
regulations under this Act; and
(2) suspend or cancel the designation of an
accrediting entity found to be substantially out of
compliance with the Convention, this Act, other
applicable laws, or implementing regulations under this
Act.
(b) Suspension or Cancellation of Accreditation or
Approval.--
(1) Secretary's authority.--The Secretary shall
suspend or cancel the accreditation or approval granted
by an accrediting entity to an agency or person
pursuant to section 202 when the Secretary finds that--
(A) the agency or person is substantially out
of compliance with applicable requirements; and
(B) the accrediting entity has failed or
refused, after consultation with the Secretary,
to take appropriate enforcement action.
(2) Correction of deficiency.--At any time when the
Secretary is satisfied that the deficiencies on the
basis of which an adverse action is taken under
paragraph (1) have been corrected, the Secretary
shall--
(A) notify the accrediting entity that the
deficiencies have been corrected; and
(B)(i) in the case of a suspension, terminate
the suspension; or
(ii) in the case of a cancellation, notify
the agency or person that the agency or person
may re-apply to the accrediting entity for
accreditation or approval.
(c) Debarment.--
(1) Secretary's authority.--On the initiative of the
Secretary, or on request of an accrediting entity, the
Secretary may temporarily or permanently debar an
agency from accreditation or a person from approval
under this title, but only if--
(A) there is substantial evidence that the
agency or person is out of compliance with
applicable requirements; and
(B) there has been a pattern of serious,
willful, or grossly negligent failures to
comply or other aggravating circumstances
indicating that continued accreditation or
approval would not be in the best interests of
the children and families concerned.
(2) Period of debarment.--The Secretary's debarment
order shall state whether the debarment is temporary or
permanent. If the debarment is temporary, the Secretary
shall specify a date, not earlier than 3 years after
the date of the order, on or after which the agency or
person may apply to the Secretary for withdrawal of the
debarment.
(3) Effect of debarment.--An accrediting entity may
take into account the circumstances of the debarment of
an agency or person that has been debarred pursuant to
this subsection in considering any subsequent
application of the agency or person, or of any other
entity in which the agency or person has an ownership
or control interest, for accreditation or approval
under this title.
(d) Judicial Review.--A person (other than a prospective
adoptive parent), an agency, or an accrediting entity who is
the subject of a final action of suspension, cancellation, or
debarment by the Secretary under this title may petition the
United States District Court for the District of Columbia or
the United States district court in the judicial district in
which the person resides or the agency or accrediting entity is
located to set aside the action. The court shall review the
action in accordance with section 706 of title 5, United States
Code.
(e) Failure To Ensure a Full and Complete Home Study.--
(1) In general.--Willful, grossly negligent, or
repeated failure to ensure the completion and
transmission of a background report (home study) that
fully complies with the requirements of section
203(b)(1)(A)(ii) shall constitute substantial
noncompliance with applicable requirements.
(2) Regulations.--Regulations promulgated under
section 203 shall provide for--
(A) frequent and careful monitoring of
compliance by agencies and approved persons
with the requirements of section 203(b)(A)(ii);
and
(B) consultation between the Secretary and
the accrediting entity where an agency or
person has engaged in substantial noncompliance
with the requirements of section 203(b)(A)(ii),
unless the accrediting entity has taken
appropriate corrective action and the
noncompliance has not recurred.
(3) Repeated failures to comply.--Repeated serious,
willful, or grossly negligent failures to comply with
the requirements of section 203(b)(1)(A)(ii) by an
agency or person after consultation between Secretary
and the accrediting entity with respect to previous
noncompliance by such agency or person shall constitute
a pattern of serious, willful, or grossly negligent
failures to comply under subsection (c)(1)(B).
(4) Failure to comply with certain requirements.--A
failure to comply with the requirements of section
203(b)(1)(A)(ii) shall constitute a serious failure to
comply under subsection (c)(1)(B) unless it is shown by
clear and convincing evidence that such noncompliance
had neither the purpose nor the effect of determining
the outcome of a decision or proceeding by a court or
other competent authority in the United States or the
child's country of origin.
SEC. 205. STATE PLAN REQUIREMENT.
Section 422(b) of the Social Security Act (42 U.S.C.
622(b)) is amended-- * * *
TITLE III--RECOGNITION OF CONVENTION ADOPTIONS IN THE UNITED STATES
SEC. 301.\12\ ADOPTIONS OF CHILDREN IMMIGRATING TO THE UNITED STATES.
(a) Legal Effect of Certificates Issued by the Secretary of
State.--
(1) Issuance of certificates by the secretary of
state.--The Secretary of State shall, with respect to
each Convention adoption, issue a certificate to the
adoptive citizen parent domiciled in the United States
that the adoption has been granted or, in the case of a
prospective adoptive citizen parent, that legal custody
of the child has been granted to the citizen parent for
purposes of emigration and adoption, pursuant to the
Convention and this Act, if the Secretary of State--
---------------------------------------------------------------------------
\12\ 42 U.S.C. 14931.
---------------------------------------------------------------------------
(A) receives appropriate notification from
the central authority of such child's country
of origin; and
(B) has verified that the requirements of the
Convention and this Act have been met with
respect to the adoption.
(2) Legal effect of certificates.--If appended to an
original adoption decree, the certificate described in
paragraph (1) shall be treated by Federal and State
agencies, courts, and other public and private persons
and entities as conclusive evidence of the facts
certified therein and shall constitute the
certification required by section 204(d)(2) of the
Immigration and Nationality Act, as amended by this
Act.
(b) Legal Effect of Convention Adoption Finalized in
Another Convention Country.--A final adoption in another
Convention country, certified by the Secretary of State
pursuant to subsection (a) of this section or section 303(c),
shall be recognized as a final valid adoption for purposes of
all Federal, State, and local laws of the United States.
(c) Condition on Finalization of Convention Adoption by
State Court.--In the case of a child who has entered the United
States from another Convention country for the purpose of
adoption, an order declaring the adoption final shall not be
entered unless the Secretary of State has issued the
certificate provided for in subsection (a) with respect to the
adoption.
SEC. 302. IMMIGRATION AND NATIONALITY ACT AMENDMENTS RELATING TO
CHILDREN ADOPTED FROM CONVENTION COUNTRIES.
(a) Definition of Child.--Section 101(b)(1) of the
Immigration and Nationality Act (8 U.S.C. 1101(b)(1)) is
amended-- * * *
(b) Approval of Petitions.--Section 204(d) of the
Immigration and Nationality Act (8 U.S.C. 1154(d)) is amended--
* * *
(c) Definition of Parent.--Section 101(b)(2) of the
Immigration and Nationality Act (8 U.S.C. 1101(b)(2)) is
amended * * *
SEC. 303.\13\ ADOPTIONS OF CHILDREN EMIGRATING FROM THE UNITED STATES.
(a) Duties of Accredited Agency or Approved Person.--In the
case of a Convention adoption involving the emigration of a
child residing in the United States to a foreign country, the
accredited agency or approved person providing adoption
services, or the prospective adoptive parent or parents acting
on their own behalf (if permitted by the laws of such other
Convention country in which they reside and the laws of the
State in which the child resides), shall do the following:
---------------------------------------------------------------------------
\13\ 42 U.S.C. 14932.
---------------------------------------------------------------------------
(1) Ensure that, in accordance with the Convention--
(A) a background study on the child is
completed;
(B) the accredited agency or approved
person--
(i) has made reasonable efforts to
actively recruit and make a diligent
search for prospective adoptive parents
to adopt the child in the United
States; and
(ii) despite such efforts, has not
been able to place the child for
adoption in the United States in a
timely manner; and
(C) a determination is made that placement
with the prospective adoptive parent or parents
is in the best interests of the child.
(2) Furnish to the State court with jurisdiction over
the case--
(A) documentation of the matters described in
paragraph (1);
(B) a background report (home study) on the
prospective adoptive parent or parents
(including a criminal background check)
prepared in accordance with the laws of the
receiving country; and
(C) a declaration by the central authority
(or other competent authority) of such other
Convention country--
(i) that the child will be permitted
to enter and reside permanently, or on
the same basis as the adopting parent,
in the receiving country; and
(ii) that the central authority (or
other competent authority) of such
other Convention country consents to
the adoption, if such consent is
necessary under the laws of such
country for the adoption to become
final.
(3) Furnish to the United States central authority--
(A) official copies of State court orders
certifying the final adoption or grant of
custody for the purpose of adoption;
(B) the information and documents described
in paragraph (2), to the extent required by the
United States central authority; and
(C) any other information concerning the case
required by the United States central authority
to perform the functions specified in
subsection (c) or otherwise to carry out the
duties of the United States central authority
under the Convention.
(b) Conditions on State Court Orders.--An order declaring
an adoption to be final or granting custody for the purpose of
adoption in a case described in subsection (a) shall not be
entered unless the court--
(1) has received and verified to the extent the court
may find necessary--
(A) the material described in subsection
(a)(2); and
(B) satisfactory evidence that the
requirements of Articles 4 and 15 through 21 of
the Convention have been met; and
(2) has determined that the adoptive placement is in
the best interests of the child.
(c) Duties of the Secretary of State.--In a case described
in subsection (a), the Secretary, on receipt and verification
as necessary of the material and information described in
subsection (a)(3), shall issue, as applicable, an official
certification that the child has been adopted or a declaration
that custody for purposes of adoption has been granted, in
accordance with the Convention and this Act.
(d) Filing with Registry Regarding Nonconvention
Adoptions.--Accredited agencies, approved persons, and other
persons, including governmental authorities, providing adoption
services in an intercountry adoption not subject to the
Convention that involves the emigration of a child from the
United States shall file information required by regulations
jointly issued by the Attorney General and the Secretary of
State for purposes of implementing section 102(e).
TITLE IV--ADMINISTRATION AND ENFORCEMENT
SEC. 401.\14\ ACCESS TO CONVENTION RECORDS.
(a) Preservation of Convention Records.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary, in
consultation with the Attorney General, shall issue
regulations that establish procedures and requirements
in accordance with the Convention and this section for
the preservation of Convention records.
---------------------------------------------------------------------------
\14\ 42 U.S.C. 14941.
---------------------------------------------------------------------------
(2) Applicability of notice and comment rules.--
Subsections (b), (c), and (d) of section 553 of title
5, United States Code, shall apply in the development
and issuance of regulations under this section.
(b) Access to Convention Records.--
(1) Prohibition.--Except as provided in paragraph
(2), the Secretary or the Attorney General may disclose
a Convention record, and access to such a record may be
provided in whole or in part, only if such record is
maintained under the authority of the Immigration and
Nationality Act and disclosure of, or access to, such
record is permitted or required by applicable Federal
law.
(2) Exception for administration of the convention.--
A Convention record may be disclosed, and access to
such a record may be provided, in whole or in part,
among the Secretary, the Attorney General, central
authorities, accredited agencies, and approved persons,
only to the extent necessary to administer the
Convention or this Act.
(3) Penalties for unlawful disclosure.--Unlawful
disclosure of all or part of a Convention record shall
be punishable in accordance with applicable Federal
law.
(c) Access to Non-Convention Records.--Disclosure of,
access to, and penalties for unlawful disclosure of, adoption
records that are not Convention records, including records of
adoption proceedings conducted in the United States, shall be
governed by applicable State law.
SEC. 402.\15\ DOCUMENTS OF OTHER CONVENTION COUNTRIES.
Documents originating in any other Convention country and
related to a Convention adoption case shall require no
authentication in order to be admissible in any Federal, State,
or local court in the United States, unless a specific and
supported claim is made that the documents are false, have been
altered, or are otherwise unreliable.
---------------------------------------------------------------------------
\15\ 42 U.S.C. 14942.
---------------------------------------------------------------------------
SEC. 403.\16\ AUTHORIZATION OF APPROPRIATIONS; COLLECTION OF FEES.
(a) Authorization of Appropriations.--
(1) In general.--There are authorized to be
appropriated such sums as may be necessary to agencies
of the Federal Government implementing the Convention
and the provisions of this Act.
---------------------------------------------------------------------------
\16\ 42 U.S.C. 14943.
---------------------------------------------------------------------------
(2) Availability of funds.--Amounts appropriated
pursuant to paragraph (1) are authorized to remain
available until expended.
(b) Assessment of Fees.--
(1) The Secretary may charge a fee for new or
enhanced services that will be undertaken by the
Department of State to meet the requirements of this
Act with respect to intercountry adoptions under the
Convention and comparable services with respect to
other intercountry adoptions. Such fee shall be
prescribed by regulation and shall not exceed the cost
of such services.
(2) Fees collected under paragraph (1) shall be
retained and deposited as an offsetting collection to
any Department of State appropriation to recover the
costs of providing such services. Such fees shall
remain available for obligation until expended.\17\
---------------------------------------------------------------------------
\17\ Sec. 211(a)(1) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1365), added ``Such
fees shall remain available for obligation until expended.''. Sec.
211(a)(2) of that Act struck out para. (3) of this subsection.
---------------------------------------------------------------------------
(c) Restriction.--No funds collected under the authority of
this section may be made available to an accrediting entity to
carry out the purposes of this Act.
SEC. 404.\18\ ENFORCEMENT.
(a) Civil Penalties.--Any person who--
---------------------------------------------------------------------------
\18\ 42 U.S.C. 14944.
---------------------------------------------------------------------------
(1) violates section 201;
(2) makes a false or fraudulent statement, or
misrepresentation, with respect to a material fact, or
offers, gives, solicits, or accepts inducement by way
of compensation, intended to influence or affect in the
United States or a foreign country--
(A) a decision by an accrediting entity with
respect to the accreditation of an agency or
approval of a person under title II;
(B) the relinquishment of parental rights or
the giving of parental consent relating to the
adoption of a child in a case subject to the
Convention; or
(C) a decision or action of any entity
performing a central authority function; or
(3) engages another person as an agent, whether in
the United States or in a foreign country, who in the
course of that agency takes any of the actions
described in paragraph (1) or (2),
shall be subject, in addition to any other penalty that may be
prescribed by law, to a civil money penalty of not more than
$50,000 for a first violation, and not more than $100,000 for
each succeeding violation.
(b) Civil Enforcement.--
(1) Authority of attorney general.--The Attorney
General may bring a civil action to enforce subsection
(a) against any person in any United States district
court.
(2) Factors to be considered in imposing penalties.--
In imposing penalties the court shall consider the
gravity of the violation, the degree of culpability of
the defendant, and any history of prior violations by
the defendant.
(c) Criminal Penalties.--Whoever knowingly and willfully
violates paragraph (1) or (2) of subsection (a) shall be
subject to a fine of not more than $250,000, imprisonment for
not more than 5 years, or both.
TITLE V--GENERAL PROVISIONS
SEC. 501.\19\ RECOGNITION OF CONVENTION ADOPTIONS.
Subject to Article 24 of the Convention, adoptions
concluded between two other Convention countries that meet the
requirements of Article 23 of the Convention and that became
final before the date of entry into force of the Convention for
the United States shall be recognized thereafter in the United
States and given full effect. Such recognition shall include
the specific effects described in Article 26 of the Convention.
---------------------------------------------------------------------------
\19\ 42 U.S.C. 14951.
---------------------------------------------------------------------------
SEC. 502.\20\ SPECIAL RULES FOR CERTAIN CASES.
(a) Authority to Establish Alternative Procedures for
Adoption of Children by Relatives.--To the extent consistent
with the Convention, the Secretary may establish by regulation
alternative procedures for the adoption of children by
individuals related to them by blood, marriage, or adoption, in
cases subject to the Convention.
---------------------------------------------------------------------------
\20\ 42 U.S.C. 14952.
---------------------------------------------------------------------------
(b) Waiver Authority.--
(1) In general.--Notwithstanding any other provision
of this Act, to the extent consistent with the
Convention, the Secretary may, on a case-by-case basis,
waive applicable requirements of this Act or
regulations issued under this Act, in the interests of
justice or to prevent grave physical harm to the child.
(2) Nondelegation.--The authority provided by
paragraph (1) may not be delegated.
SEC. 503.\21\ RELATIONSHIP TO OTHER LAWS.
(a) Preemption of Inconsistent State Law.--The Convention
and this Act shall not be construed to preempt any provision of
the law of any State or political subdivision thereof, or
prevent a State or political subdivision thereof from enacting
any provision of law with respect to the subject matter of the
Convention or this Act, except to the extent that such
provision of State law is inconsistent with the Convention or
this Act, and then only to the extent of the inconsistency.
---------------------------------------------------------------------------
\21\ 42 U.S.C. 14953.
---------------------------------------------------------------------------
(b) Applicability of the Indian Child Welfare Act.--The
Convention and this Act shall not be construed to affect the
application of the Indian Child Welfare Act of 1978 (25 U.S.C.
1901 et seq.).
(c) Relationship to Other Laws.--Sections 3506(c), 3507,
and 3512 of title 44, United States Code, shall not apply to
information collection for purposes of sections 104, 202(b)(4),
and 303(d) of this Act or for use as a Convention record as
defined in this Act.
SEC. 504.\22\ NO PRIVATE RIGHT OF ACTION.
The Convention and this Act shall not be construed to
create a private right of action to seek administrative or
judicial relief, except to the extent expressly provided in
this Act.
---------------------------------------------------------------------------
\22\ 42 U.S.C. 14954.
---------------------------------------------------------------------------
SEC. 505.\23\ EFFECTIVE DATES; TRANSITION RULE.
(a) Effective Dates.--
---------------------------------------------------------------------------
\23\ 42 U.S.C. 14901 note.
---------------------------------------------------------------------------
(1) Provisions effective upon enactment.--Sections 2,
3, 101 through 103, 202 through 205, 401(a), 403, 503,
and 505(a) shall take effect on the date of the
enactment of this Act.
(2) Provisions effective upon the entry into force of
the convention.--Subject to subsection (b), the
provisions of this Act not specified in paragraph (1)
shall take effect upon the entry into force of the
Convention for the United States pursuant to Article
46(2)(a) of the Convention.
(b) Transition Rule.--The Convention and this Act shall not
apply--
(1) in the case of a child immigrating to the United
States, if the application for advance processing of an
orphan petition or petition to classify an orphan as an
immediate relative for the child is filed before the
effective date described in subsection (a)(2); or
(2) in the case of a child emigrating from the United
States, if the prospective adoptive parents of the
child initiated the adoption process in their country
of residence with the filing of an appropriate
application before the effective date described in
subsection (a)(2).
b. Extradition Treaties Interpretation Act of 1998
Title II of Public Law 105-323 [H.R. 4660], 112 Stat. 3029 at 3033,
approved October 30, 1998
TITLE II--EXTRADITION TREATIES INTERPRETATION ACT OF 1998 \1\
SEC. 201. SHORT TITLE.
This title may be cited as the ``Extradition Treaties
Interpretation Act of 1998''.
---------------------------------------------------------------------------
\1\ 18 U.S.C. 3181 note.
---------------------------------------------------------------------------
SEC. 202. FINDINGS.
Congress finds that--
(1) each year, several hundred children are kidnapped
by a parent in violation of law, court order, or
legally binding agreement and brought to, or taken
from, the United States;
(2) until the mid-1970's, parental abduction
generally was not considered a criminal offense in the
United States;
(3) since the mid-1970's, United States criminal law
has evolved such that parental abduction is now a
criminal offense in each of the 50 States and the
District of Columbia;
(4) in enacting the International Parental Kidnapping
Crime Act of 1993 (Public Law 103-173; 107 Stat. 1998;
18 U.S.C. 1204), Congress recognized the need to combat
parental abduction by making the act of international
parental kidnapping a Federal criminal offense;
(5) many of the extradition treaties to which the
United States is a party specifically list the offenses
that are extraditable and use the word ``kidnapping'',
but it has been the practice of the United States not
to consider the term to include parental abduction
because these treaties were negotiated by the United
States prior to the development in United States
criminal law described in paragraphs (3) and (4);
(6) the more modern extradition treaties to which the
United States is a party contain dual criminality
provisions, which provide for extradition where both
parties make the offense a felony, and therefore it is
the practice of the United States to consider such
treaties to include parental abduction if the other
foreign state party also considers the act of parental
abduction to be a criminal offense; and
(7) this circumstance has resulted in a disparity in
United States extradition law which should be rectified
to better protect the interests of children and their
parents.
SEC. 203. INTERPRETATION OF EXTRADITION TREATIES.
For purposes of any extradition treaty to which the United
States is a party, Congress authorizes the interpretation of
the terms ``kidnaping'' and ``kidnapping'' to include parental
kidnapping.
c. International Child Abduction Remedies Act
Partial text of Public Law 100-300 [H.R. 3971], 102 Stat. 437, approved
April 29, 1988; as amended by Public Law 105-277 [Foreign Relations
Authorization Act, Fiscal Years 1998 and 1999; H.R. 4328], 112 Stat.
2681-801, approved October 21, 1998; and Public Law 108-370 [Prevention
of Child Abduction Partnership Act; S. 2883], 118 Stat. 1750, approved
October 25, 2004
AN ACT To establish procedures to implement the Convention on the Civil
Aspects of International Child Abduction, done at The Hague on October
25, 1980, 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 ``International Child
Abduction Remedies Act''.
---------------------------------------------------------------------------
\1\ 42 U.S.C. 11601 note. See also the International Parental
Kidnapping Crime Act of 1993 (Public Law 103-173; 107 Stat. 1998; 18
U.S.C. 1204).
---------------------------------------------------------------------------
SEC. 2.\2\ FINDINGS AND DECLARATIONS.
(a) Findings.--The Congress makes the following findings:
---------------------------------------------------------------------------
\2\ 42 U.S.C. 11601. See also sec. 2803 of the Foreign Affairs
Reform and Restructuring Act of 1998 (division G of Public Law 105-277;
112 Stat. 2681-846), as amended by sec. 202 of the Admiral James W.
Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years
2000 and 2001 (as enacted by sec. 1000(a)(7) of Public Law 106-113; 113
Stat. 1501A-420), and sec. 212 of the Foreign Relations Authorization
Act, Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1365), relating to
a report on compliance with the Hague Convention on International Child
Abduction. Sec. 2803 provides as follows:
---------------------------------------------------------------------------
``sec. 2803. report on compliance with the hague convention on
international child abduction.
---------------------------------------------------------------------------
``(a) In General.--Beginning 6 months after the date of the
enactment of this Act and every 12 months thereafter, the Secretary of
State shall submit a report to the appropriate congressional committees
on the compliance with the provisions of the Convention on the Civil
Aspects of International Child Abduction, done at The Hague on October
25, 1980, by the signatory countries of the Convention. Each such
report shall include the following information:
---------------------------------------------------------------------------
``(1) The number of applications for the return of children submitted by
applicants in the United States to the Central Authority for the United
States that remain unresolved more than 18 months after the date of filing.
``(2) A list of the countries to which children in unresolved
applications described in paragraph (1) are alleged to have been abducted,
are being wrongfully retained in violation of United States court orders,
or which have failed to comply with any of their obligations under such
convention with respect to applications for the return of children, access
to children, or both, submitted by applicants in the United States.
``(3) A list of the countries that have demonstrated a pattern of
noncompliance with the obligations of the Convention with respect to
applications for the return of children, access to children, or both,
submitted by applicants in the United States to the Central Authority for
the United States.
``(4) Detailed information on each unresolved case described in paragraph
(1) and on actions taken by the Department of State to resolve each such
case, including the specific actions taken by the United States chief of
mission in the country to whichthe child is alleged to have been abducted.
``(5) Information on efforts by the Department of State to encourage
other countries to become signatories of the Convention.
``(6) A list of the countries that are parties to the Convention in
which, during the reporting period, parents who have been left-behind [sic]
in the United States have not been able to secure prompt enforcement of a
final return or access orderunder a Hague proceeding, of a United States
custody, access, or visitation order, or of an access or visitation order
by authorities in the country concerned, due to the absence of a prompt and
effective method for enforcement of civil court orders, the absence of a
doctrine of comity, or other factors.
``(7) A description of the efforts of the Secretary of State to encourage
the parties to the Convention to facilitate the work of nongovernmental
organizations within their countries that assist parents seeking the return
of children under the Convention.
---------------------------------------------------------------------------
``(b) Definition.--In this section, the term ``Central Authority
for the United States'' has the meaning given the term in Article 6 of
the Convention on the Civil Aspects of International Child Abduction,
done at The Hague on October 25, 1980.''.
---------------------------------------------------------------------------
(1) The international abduction or wrongful retention
of children is harmful to their well-being.
(2) Persons should not be permitted to obtain custody
of children by virtue of their wrongful removal or
retention.
(3) International abductions and retentions of
children are increasing, and only concerted cooperation
pursuant to an international agreement can effectively
combat this problem.
(4) The Convention on the Civil Aspects of
International Child Abduction, done at The Hague on
October 25, 1980, establishes legal rights and
procedures for the prompt return of children who have
been wrongfully removed or retained, as well as for
securing the exercise of visitation rights. Children
who are wrongfully removed or retained within the
meaning of the Convention are to be promptly returned
unless one of narrow exceptions set forth in the
Convention applies. The Convention provides a sound
treaty framework to help resolve the problem of
international abduction and retention of children and
will deter such wrongful removals and retentions.
(b) Declarations.--The Congress makes the following
declarations:
(1) It is the purpose of this Act to establish
procedures for the implementation of the Convention in
the United States.
(2) The provisions of this Act are in addition to and
not in lieu of the provisions of the Convention.
(3) In enacting this Act the Congress recognizes--
(A) the international character of the
Convention; and
(B) the need for uniform international
interpretation of the Convention.
(4) The Convention and this Act empower courts in the
United States to determine only rights under the
Convention and not the merits of any underlying child
custody claims.
SEC. 3.\3\ DEFINITIONS.
For the purpose of this Act--
---------------------------------------------------------------------------
\3\ 42 U.S.C. 11602.
---------------------------------------------------------------------------
(1) the term ``applicant'' means any person who,
pursuant to the Convention, files an application with
the United States Central Authority or a Central
Authority of any other party to the Convention for the
return of a child alleged to have been wrongfully
removed or retained or for arrangements for organizing
or securing the effective exercise of rights of access
pursuant to the Convention;
(2) the term ``Convention'' means the Convention on
the Civil Aspects of International Child Abduction,
done at The Hague on October 25, 1980;
(3) the term ``Parent Locator Service'' means the
service established by the Secretary of Health and
Human Services under section 453 of the Social Security
Act (42 U.S.C. 653);
(4) the term ``petitioner'' means any person who, in
accordance with this Act, files a petition in court
seeking relief under the Convention;
(5) The term ``person'' includes any individual,
institution, or other legal entity or body;
(6) the term ``respondent'' means any person against
whose interests a petition is filed in court, in
accordance with this Act, which seeks relief under the
Convention;
(7) the term ``rights of access'' means visitation
rights;
(8) the term ``State'' means any of the several
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States; and
(9) the term ``United States Central Authority''
means the agency of the Federal Government designated
by the President under section 7(a).
SEC. 4.\4\ JUDICIAL REMEDIES.
(a) Jurisdiction of the Courts.--The courts of the States
and the United States district courts shall have concurrent
original jurisdiction of actions arising under the Convention.
---------------------------------------------------------------------------
\4\ 42 U.S.C. 11603.
---------------------------------------------------------------------------
(b) Petitions.--Any person seeking to initiate judicial
proceedings under the Convention for the return of a child or
for arrangements for organizing or securing the effective
exercise of rights of access to a child may do so by commencing
a civil action by filing a petition for the relief sought in
any court which has jurisdiction in the place where the child
is located at the time the petition is filed.
(c) Notice.--Notice of an action brought under subsection
(b) shall be given in accordance with the applicable law
governing notice in interstate child custody proceedings.
(d) Determination of Case.--The court in which an action is
brought under subsection (b) shall decide the case in
accordance with the Convention.
(e) Burdens of Proof.--(1) A petitioner in an action
brought under subsection (b) shall establish by a preponderance
of the evidence--
(A) in the case of an action for the return of a
child, that the child has been wrongfully removed or
retained within the meaning of the Convention; and
(B) in the case of an action for arrangements for
organizing or securing the effective exercise of rights
of access, that the petitioner has such rights.
(2) In the case of an action for the return of a child, a
respondent who opposes the return of the child has the burden
of establishing--
(A) by clear and convincing evidence that one of the
exceptions set forth in article 13b or 20 of the
Convention applies; and
(B) by a preponderance of the evidence that any other
exception set forth in article 12 or 13 of the
Convention applies.
(f) Application of the Convention.--For purposes of any
action brought under this Act--
(1) the term ``authorities'', as used in article 15
of the Convention to refer to the authorities of the
state of the habitual residence of a child, includes
courts and appropriate government agencies;
(2) the terms ``wrongful removal or retention'' and
``wrongfully removed or retained'', as used in the
Convention, include a removal or retention of a child
before the entry of a custody order regarding that
child; and
(3) the term ``commencement of proceedings'', as used
in article 12 of the Convention, means, with respect to
the return of a child located in the United States, the
filing of a petition in accordance with subsection (b)
of this section.
(g) Full Faith and Credit.--Full faith and credit shall be
accorded by the courts of the States and the courts of the
United States to the judgment of any other such court ordering
or denying the return of a child, pursuant to the Convention,
in an action brought under this Act.
(h) Remedies Under the Convention Not Exclusive.--The
remedies established by the Convention and this Act shall be in
addition to remedies available under other laws or
international agreements.
SEC. 5.\5\ PROVISIONAL REMEDIES.
(a) Authority of Courts.--In furtherance of the objectives
of article 7(b) and other provisions of the Convention, and
subject to the provisions of subsection (b) of this section,
any court exercising jurisdiction of an action brought under
section 4(b) of this Act may take or cause to be taken measures
under Federal or State law, as appropriate, to protect the
well-being of the child involved or to prevent the child's
further removal or concealment before the final disposition of
the petition.
---------------------------------------------------------------------------
\5\ 42 U.S.C. 11604.
---------------------------------------------------------------------------
(b) Limitation on Authority.--No court exercising
jurisdiction of an action brought under section 4(b) may, under
subsection (a) of this section, order a child removed from a
person having physical control of the child unless the
applicable requirements of State law are satisfied.
SEC. 6.\6\ ADMISSIBILITY OF DOCUMENTS.
With respect to any application to the United States
Central Authority, or any petition to a court under section 4,
which seeks relief under the Convention, or any other documents
or information included with such application or petition or
provided after such submission which relates to the application
or petition, as the case may be, no authentication of such
application, petition, document, or information shall be
required in order for the application, petition, document, or
information to be admissible in court.
---------------------------------------------------------------------------
\6\ 42 U.S.C. 11605.
---------------------------------------------------------------------------
SEC. 7.\7\ UNITED STATES CENTRAL AUTHORITY.
(a) Designation.--The President shall designate a Federal
agency to serve as the Central Authority for the United States
under the Convention.
---------------------------------------------------------------------------
\7\ 42 U.S.C. 11606.
---------------------------------------------------------------------------
(b) Functions.--The functions of the United States Central
Authority are those ascribed to the Central Authority by the
Convention and this Act.
(c) Regulatory Authority.--The United States Central
Authority is authorized to issue such regulations as may be
necessary to carry out its function under the Convention and
this Act.
(d) Obtaining Information From Parent Locator Service.--The
United States Central Authority may, to the extent authorized
by the Social Security Act, obtain information from the Parent
Locator Service.
(e) \8\ Grant Authority.--The United States Central
Authority is authorized to make grants to, or enter into
contracts or agreements with, any individual, corporation,
other Federal, State, or local agency, or private entity or
organization in the United States for purposes of accomplishing
its responsibilities under the Convention and this Act.
---------------------------------------------------------------------------
\8\ Sec. 2213 of the Foreign Relations Authorization Act, Fiscal
Years 1998 and 1999 (subdivision B of division G of Public Law 105-277;
112 Stat. 2681-812), added subsec. (e).
---------------------------------------------------------------------------
(f) \9\ Limited Liability of Private Entities Acting Under
the Direction of the United States Central Authority.--
---------------------------------------------------------------------------
\9\ Sec. 2 of the Prevention of Child Abduction Partnership Act
(Public Law 108-370; 118 Stat. 1750) added subsec. (f).
---------------------------------------------------------------------------
(1) Limitation on liability.--Except as provided in
paragraphs (2) and (3), a private entity or
organization that receives a grant from or enters into
a contract or agreement with the United States Central
Authority under subsection (e) of this section for
purposes of assisting the United States Central
Authority in carrying out its responsibilities and
functions under the Convention and this Act, including
any director, officer, employee, or agent of such
entity or organization, shall not be liable in any
civil action sounding in tort for damages directly
related to the performance of such responsibilities and
functions as defined by the regulations issued under
subsection (c) of this section that are in effect on
October 1, 2004.
(2) Exception for intentional, reckless, or other
misconduct.--The limitation on liability under
paragraph (1) shall not apply in any action in which
the plaintiff proves that the private entity,
organization, officer, employee, or agent described in
paragraph (1), as the case may be, engaged in
intentional misconduct or acted, or failed to act, with
actual malice, with reckless disregard to a substantial
risk of causing injury without legal justification, or
for a purpose unrelated to the performance of
responsibilities or functions under this Act.
(3) Exception for ordinary business activities.--The
limitation on liability under paragraph (1) shall not
apply to any alleged act or omission related to an
ordinary business activity, such as an activity
involving general administration or operations, the use
of motor vehicles, or personnel management.
SEC. 8.\10\ COSTS AND FEES.
(a) Administrative Costs.--No department, agency, or
instrumentality of the Federal Government or of any State or
local government may impose on an applicant any fee in relation
to the administrative processing of applications submitted
under the Convention.
---------------------------------------------------------------------------
\10\ 42 U.S.C. 11607.
---------------------------------------------------------------------------
(b) Costs Incurred in Civil Actions.--(1) Petitioners may
be required to bear the costs of legal counsel or advisors,
court costs incurred in connection with their petitions, and
travel costs for the return of the child involved and any
accompanying persons, except as provided in paragraphs (2) and
(3).
(2) Subject to paragraph (3), legal fees or court costs
incurred in connection with an action brought under section 4
shall be borne by the petitioner unless they are covered by
payments from Federal, State, or local legal assistance or
other programs.
(3) Any court ordering the return of a child pursuant to an
action brought under section 4 shall order the respondent to
pay necessary expenses incurred by or on behalf of the
petitioner, including court costs, legal fees, foster home or
other care during the course of proceedings in the action, and
transportation costs related to the return of the child, unless
the respondent establishes that such order would be clearly
inappropriate.
SEC. 9.\11\ COLLECTION, MAINTENANCE, AND DISSEMINATION OF INFORMATION.
(a) In General.--In performing its functions under the
Convention, the United States Central Authority may, under such
conditions as the Central Authority prescribes by regulation,
but subject to subsection (c), receive from or transmit to any
department agency, or instrumentality of the Federal Government
or of any State or foreign government, and receive from or
transmit to any applicant, petitioner, or respondent,
information necessary to locate a child or for the purpose of
otherwise implementing the Convention with respect to a child,
except that the United States Central Authority--
---------------------------------------------------------------------------
\11\ 42 U.S.C. 11608.
---------------------------------------------------------------------------
(1) may receive such information from a Federal or
State department, agency, or instrumentality only
pursuant to applicable Federal and State statues; and
(2) may transmit any information received under this
subsection notwithstanding any provision of law other
than this Act.
(b) Requests for Information.--Requests for information
under this section shall be submitted in such manner and form
as the United States Central Authority may prescribe by
regulation and shall be accompanied or supported by such
documents as the United States Central Authority may require.
(c) Responsibility of Government Entities.--Whenever any
department, agency, or instrumentality of the United States or
of any State receives a request from the United States Central
Authority for information authorized to be provided to such
Central Authority under subsection (a), the head of such
department, agency, or instrumentality shall promptly cause a
search to be made of the files and records maintained by such
department, agency, or instrumentality in order to determine
whether the information requested is contained in any such
files or records. If such search discloses the information
requested, the head of such department, agency, or
instrumentality shall immediately transmit such information to
the United States Central Authority, except that any such
information the disclosure of which--
(1) would adversely affect the national security
interests of the United States or the law enforcement
interests of the United States or of any State; or
(2) would be prohibited by section 9 of title 13,
United States Code;
shall not be transmitted to the Central Authority. The head of
such department, agency, or instrumentality shall, immediately
upon completion of the requested search, notify the Central
Authority of the results of the search, and whether an
exception set forth in paragraph (1) or (2) applies. In the
event that the United States Central Authority receives
information and the appropriate Federal or State department,
agency, or instrumentality thereafter notifies the Central
Authority that an exception set forth in paragraph (1) or (2)
applies to that information, the Central Authority may not
disclose that information under subsection (a).
(d) Information Available From Parent Locator Service.--To
the extent that information which the United States Central
Authority is authorized to obtain under the provisions of
subsection (c) can be obtained through the Parent Locator
Service, the United States Central Authority shall first seek
to obtain such information from the Parent Locator Service,
before requesting such information directly under the
provisions of subsection (c) of this section.
(e) Recordkeeping.--The United States Central Authority
shall maintain appropriate records concerning its activities
and the disposition of cases brought to its attention.
SEC. 10.\12\ INTERAGENCY COORDINATING GROUP.
The Secretary of State, the Secretary of Health and Human
Services, and the Attorney General shall designate Federal
employees and may, from time to time, designate private
citizens to serve on an interagency coordinating group to
monitor the operation of the Convention and to provide advice
on its implementation tot he United States Central Authority
and other Federal agencies. This group shall meet from time to
time at the request of the United States Central Authority. The
agency in which the United States Central Authority is located
is authorized to reimburse such private citizens for travel and
other expenses incurred in participating at meetings of the
interagency coordinating group at rates not to exceed those
authorized under subchapter I of chapter 57 of title 5, United
States Code, for employees of agencies.
---------------------------------------------------------------------------
\12\ 42 U.S.C. 11609.
---------------------------------------------------------------------------
SEC. 11. AGREEMENT FOR USE OF PARENT LOCATOR SERVICE IN DETERMINING
WHEREABOUTS OF PARENT OR CHILD.
Section 463 of the Social Security Act (42 U.S.C. 663) is
amended * * *
SEC. 12.\13\ AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for each fiscal
year such sums as may be necessary to carry out the purpose of
the Convention and this Act.
---------------------------------------------------------------------------
\13\ 42 U.S.C. 11610.
d. Relating to the Implementation of the Convention on the Civil
Aspects of International Child Abduction
Executive Order 12648, August 11, 1988, 53 F.R. 30637, 42 U.S.C. 11606
note
The United States of America deposited its instrument of
ratification of the Hague Convention on the Civil Aspects of
International Child Abduction (``Convention') on April 29,
1988. The Convention entered into force for the United States
on July 1, 1988. Article 6 of the Convention imposes upon
Contracting States an obligation to designate a ``Central
Authority'' for the purpose of discharging certain specified
functions.
In order that the Government of the United States of
America may give full and complete effect to the Convention,
and pursuant to section 7 of the International Child Abduction
Remedies Act, Public Law 100-300 (1988), it is expedient and
necessary that I designate a Central Authority within the
Executive branch of said Government:
NOW THEREFORE, by virtue of the authority vested in me as
President by the Constitution and the laws of the United
States, including section 301 of Title 3 of the United States
Code and section 7 of the International Child Abduction
Remedies Act, it is ordered as follows:
Section 1. Designation of Central Authority. The Department
of State is hereby designated as the Central Authority of the
United States for purposes of the Hague Convention on the Civil
Aspects of International Child Abduction. The Secretary of
State is hereby authorized and empowered, in accordance with
such regulations as he may prescribe, to perform all lawful
acts that may be necessary and proper in order to execute the
functions of the Central Authority in a timely and efficient
manner.
e. Child Health Revolution
Public Law 98-198 [S.J. Res. 111], 97 Stat. 1355, approved December 1,
1983
JOINT RESOLUTION Expressing the sense of the Congress with respect to
international efforts to further a revolution in child health.
Whereas the report entitled ``State of the World's Children,
1982-83'' of the United Nations Children's Fund (hereafter
in this joint resolution referred to as ``UNICEF'') offers
unprecedented hope for a ``revolution in child health''
which could save the lives of up to twenty thousand of the
forty thousand children who perish daily around the world
from malnutrition and disease;
Whereas the techniques involved in this health revolution
including oral rehydration home treatment, low-cost
vaccines which do not require refrigeration, promotion of
breast-feeding, and use of child growth charts to detect
malnutrition, are estimated to cost only a few dollars per
child;
Whereas this UNICEF report and the activities of UNICEF have
been widely acclaimed by the Secretary General of the
United Nations and the heads of the governments of such
countries as the United Kingdom, France, Sweden, India, and
Pakistan; and
Whereas the President of the United States on April 18, 1983,
has issued a statement endorsing this health revolution for
children and calling on the cooperation of United States
Government agencies with international organizations and
agencies associated in this effort: Now, therefore, be it
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That it is the
sense of the Congress that--
(1) the techniques articulated by UNICEF in its
report entitled ``The State of the World's Children,
1982-1983'' represent an unprecedented low-cost
opportunity to significantly reduce child mortality and
morbidity throughout the world, and have the full
support and encouragement of the Congress at a time of
economic difficulty and constriction for all countries;
(2) the President be commended for taking steps to
promote, encourage, and undertake activities to further
the objectives of the child health revolution and for
directing all appropriate United States Government
agencies, including the Department of State, the Agency
for International Development, and the Department of
Health and Human Services to support and cooperate with
UNICEF, the World Health Organization, the United
Nations Development Program, and other international
financial and assistance agencies participating in
fostering this child health revolution; and
(3) other public and private organizations involved
in health, education, finance, labor, communications,
and humanitarian assistance should cooperate with and
support the efforts of the United States to further the
objectives of the child health revolution.
Appendix I
Note.--Appendix I lists Public Laws included in
Legislation on Foreign Relations Through 2008, either
as freestanding law or in amendments, arranged by
Public Law number with corresponding short title or
popular name.
------------------------------------------------------------------------
Public Law
No. Short Title
------------------------------------------------------------------------
111-8 Omnibus Appropriations Act, 2009
111-8 Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2009 (division H)
110-457 William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008
110-457 Child Soldiers Prevention Act of 2008 (title IV)
110-429 Naval Vessel Transfer Act of 2008
110-417 Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009
110-369 United States-India Nuclear Cooperation Approval and
Nonproliferation Enhancement Act
110-329 Department of Defense Appropriations Act, 2009
110-181 National Defense Authorization Act for Fiscal Year 2008
110-140 Energy Independence and Security Act of 2007
110-53 Implementing Recommendations of the 9/11 Commission
Concerning Nonproliferation and Terrorism
110-17 NATO Freedom Consolidation Act of 2007
109-472 Department of State Authorities Act, 2006
109-456 Democratic Republic of the Congo Relief, Security, and
Democracy Promotion Act of 2006
109-401 United States Additional Protocol Implementation Act
109-366 Military Commissions Act of 2006
109-364 John Warner National Defense Authorization Act for Fiscal
Year 2007
109-353 North Korea Nonproliferation Act of 2006
109-248 Adam Walsh Child Protection and Safety Act of 2006
109-177 USA PATRIOT Improvement and Reauthorization Act of 2005
109-177 Secret Service Authorization and Technical Modification Act
of 2005
109-169 United States-Bahrain Free Trade Agreement Implementation
Act
109-167 Passport Services Enhancement Act of 2005
109-165 Torture Victims Relief Reauthorization Act of 2005
109-164 Trafficking Victims Protection Reauthorization Act of 2005
109-163 National Defense Authorization Act for Fiscal Year 2006
109-163 United States Policy in Iraq Act (section 1227)
109-163 Detainee Treatment Act of 2005 (title XIV)
109-159 Transfer of Items To War Reserves Stockpile for Allies,
Korea
109-148 Department of Defense, Emergency Supplemental Appropriations
To Address Hurricanes in the Gulf of Mexico, and Pandemic
Influenza Act, 2006
109-148 Emergency Supplemental Appropriations Act To Address
Hurricanes in the Gulf of Mexico and Pandemic Influenza
Act, 2006 (division B)
109-140 To Provide Certain Authorities for the Department of State
109-134 Naval Vessels Transfer Act of 2005
109-121 Senator Paul Simon Water for the Poor Act of 2005
109-112 Iran Nonproliferation Amendments Act of 2005
109-108 Science, State, Justice, Commerce, and Related Agencies
Appropriations Act, 2006
109-108 Department of State and Related Agencies Appropriations Act,
2006 (title IV)
109-102 Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2006
109-97 Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act,
2006
109-95 Assistance for Orphans and Other Vulnerable Children in
Developing Countries Act of 2005
109-77 Continuing Appropriations, Fiscal Year 2006
109-58 Energy Policy Act of 2005
109-54 Department of the Interior, Environment, and Related
Agencies Appropriations Act, 2006
109-53 Dominican Republic-Central America-United States Free Trade
Agreement Implementation Act
109-39 Renewal of Import Restrictions--Burmese Freedom and
Democracy Act of 2003
109-13 Emergency Supplemental Appropriations Act for Defense, the
Global War on Terror, and Tsunami Relief, 2005
109-2 Class Action Fairness Act of 2005
108-497 Comprehensive Peace in Sudan Act of 2004
108-484 Microenterprise Results and Accountability Act of 2004
108-458 Intelligence Reform and Terrorism Prevention Act of 2004
108-458 Afghanistan Freedom Support Act Amendments of 2004 (sec.
7104)
108-447 Consolidated Appropriations Act, 2005
108-447 Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2005 (division D)
108-447 Migratory Bird Treaty Reform Act of 2004 (division E, sec.
143)
108-447 Miscellaneous Appropriations and Offsets Act, 2005 (division
J, title I)
108-429 Miscellaneous Trade and Technical Corrections Act of 2004
108-375 Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005
108-370 Prevention of Child Abduction Partnership Act
108-347 Belarus Democracy Act of 2004
108-333 North Korean Human Rights Act of 2004
108-332 Global Anti-Semitism Review Act of 2004
108-323 Tropical Forest Conservation Act Reauthorization
108-302 United States-Morocco Free Trade Agreement Implementation
Act
108-297 Cape Town Treaty Implementation Act of 2004
108-286 United States-Australia Free Trade Agreement Implementation
Act
108-283 Northern Uganda Crisis Response Act
108-274 AGOA Acceleration Act of 2004
108-272 Approving the Renewal of Import Restrictions--Burma
108-266 Marine Turtle Conservation Act of 2004
108-235 Taiwan's Participation in the World Health Organization
108-215 Amendments to U.S.-Mexico Agreement Establishing a Border
Environment Cooperation Commission and North American
Development Bank
108-200 Congo Basin Forest Partnership Act of 2004
108-199 Consolidated Appropriations, 2004
108-199 Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2004 (division D)
108-199 HELP Commission Act (division B, sec. 637)
108-199 Millennium Challenge Act of 2003 (division D, title VI)
108-175 Syria Accountability and Lebanese Sovereignty Restoration
Act of 2003
108-136 National Defense Authorization Act for Fiscal Year 2004
108-136 Nuclear Security Initiative Act of 2003 (title XXXVI)
108-106 Emergency Supplemental Appropriations Act for Defense and
for the Reconstruction of Iraq and Afghanistan, 2004
108-77 United States-Chile Free Trade Agreement Implementation Act
108-31 Microenterprise Report to Congress
108-28 Taiwan's Participation in the World Health Organization
108-25 United States Leadership Against HIV/AIDS, Tuberculosis, and
Malaria Act of 2003
108-19 Clean Diamond Trade Act
108-11 Emergency Wartime Supplemental Appropriations Act, 2003
108-7 Consolidated Appropriations, 2003
107-365 Caribbean National Forest Wild and Scenic Rivers Act of 2002
107-327 Afghanistan Freedom Support Act of 2002
107-314 Bob Stump National Defense Authorization Act for Fiscal Year
2003
107-258 Persian Gulf POW/MIA Accountability Act of 2002
107-246 Russian Democracy Act of 2002
107-245 Sudan Peace Act
107-243 Authorization for Use of Military Force Against Iraq
Resolution of 2002
107-228 Foreign Relations Authorization Act, Fiscal Year 2003
107-228 Department of State Authorization Act, Fiscal Year 2003
(division A)
107-228 Security Assistance Act of 2002 (division B)
107-228 Middle East Peace Commitments Act of 2002 (division A, title
VI, subtitle A)
107-228 Tibetan Policy Act of 2002 (division A, title VI, subtitle
B)
107-228 East Timor Transition to Independence Act of 2002 (division
A, title VI, subtitle C)
107-228 Clean Water for the Americas Partnership Act of 2002
(division A, title VI, subtitle D)
107-228 Freedom Investment Act of 2002 (division A, title VI,
subtitle E)
107-228 Russian Federation Debt for Nonproliferation Act of 2002
(division B, title XIII, subtitle B)
107-228 Nonproliferation Assistance Coordination Act of 2002
(division B, title XIII, subtitle C)
107-228 Iran Nuclear Proliferation Prevention Act of 2002 (division
B, title XIII, subtitle D)
107-210 Trade Act of 2002
107-210 Andean Trade Promotion and Drug Eradication Act (title XXXI)
107-206 2002 Supplemental Appropriations Act for Further Recovery
From and Response to Terrorist Attacks on the United States
107-206 American Servicemembers Protection Act (title II)
107-197 Terrorist Bombings Convention Implementation Act of 2002
107-189 Export-Import Bank Reauthorization Act of 2002
107-187 Gerald B. H. Solomon Freedom Consolidation Act of 2002
107-173 Enhanced Border Security and Visa Entry Reform Act of 2002
107-148 Radio Free Afghanistan Act
107-141 Asian Elephant Conservation Reauthorization Act of 2002
107-117 Department of Defense and Emergency Supplemental
Appropriations for Recovery From and Response To Terrorist
Attacks on the United States Act, 2002
107-115 Kenneth M. Ludden Foreign Operations, Export Financing and
Related Programs Appropriations Act, 2002
107-112 Rhinoceros and Tiger Conservation Reauthorization Act of
2001
107-111 African Elephant Conservation Reauthorization Act of 2001
107-107 National Defense Authorization Act for Fiscal Year 2002
107-99 Zimbabwe Democracy and Economic Recovery Act of 2001
107-81 Afghan Women and Children Relief Act of 2001
107-56 Uniting and Strengthening America By Providing Appropriate
Tools Required To Intercept and Obstruct Terrorism (USA
PATRIOT ACT) Act of 2001
107-56 International Money Laundering Abatement and Financial Anti-
Terrorism Act of 2001 (title III)
107-43 United States-Jordan Free Trade Area Implementation Act
107-40 Authorization for Use of Military Force [international
terrorism]
107-39 Condemnation of Terrorist Attacks
107-24 ILSA [Iran and Libya Sanctions Act] Extension Act of 2001
106-570 Assistance for International Malaria Control Act
106-570 International Malaria Control Act (title I)
106-570 United States-Macau Policy Act of 2000 (title II)
106-570 Pacific Charter Commission Act of 2000 (title IV)
106-570 Paul D. Coverdell World Wise Schools Act of 2000 (title VI)
106-567 Intelligence Authorization Act for Fiscal Year 2001
106-567 Japanese Imperial Government Disclosure Act of 2000 (title
VIII)
106-557 Shark Finning Prohibition Act
106-555 Striped Bass Conservation, Atlantic Coastal Fisheries
Management and Marine Mammal Rescue Assistance Act of 2000
106-554 Consolidated Appropriations Act, 2001
106-554 Vietnam Education Foundation Act of 2000 (title II)
106-553 Department of State and Related Agency Appropriations Act,
2001
106-531 Reports Consolidation Act of 2000
106-484 Bring Them Home Alive Act of 2000
106-476 Tariff Suspension and Trade Act of 2000
106-450 Yukon River Salmon Act of 2000
106-429 Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2001
106-411 Great Ape Conservation Act of 2000
106-398 Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001
106-387 Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act,
2001
106-387 Trade Sanctions Reform and Export Enhancement Act of 2000
(title IX)
106-386 Victims of Trafficking and Violence Protection Act of 2000
106-386 Trafficking Victims Protection Act of 2000 (division A)
106-373 Famine Prevention and Freedom From Hunger Improvement Act of
2000
106-346 National Terrorist Asset Trading Center
106-309 Microenterprise for Self-Reliance and International Anti-
Corruption Act of 2000
106-309 Microenterprise for Self-Reliance Act of 2000 (title I)
106-309 International Anti-Corrpution and Good Governance Act of
2000 (title II)
106-309 International Academic Opportunities Act of 2000 (title III)
106-309 Support for Overseas Cooperative Development Act (sec. 401)
106-309 Paul D. Coverdell Fellows Program Act of 2000 (sec. 408)
106-286 U.S.-China Relations Act of 2000
106-280 Security Assistance Act of 2000
106-279 Intercountry Adoption Act of 2000
106-264 Global AIDS and Tuberculosis Relief Act of 2000
106-264 Global AIDS Research and Relief Act of 2000 (title I)
106-264 International Tuberculosis Control Act of 2000 (title II)
106-256 Oceans Act of 2000
106-247 Neotropical Migratory Bird Conservation Act
106-212 American Institute in Taiwan Facilities Enhancement Act
106-200 Trade and Development Act of 2000
106-200 African Growth and Opportunity Act (title I)
106-200 U.S.-Caribbean Basin Trade Partnership Act (title II)
106-178 Iran Nonproliferation Act of 2000
106-158 Export Enhancement Act of 1999
106-120 Intelligence Authorization Act for Fiscal Year 2000
106-120 Foreign Narcotics Kingpin Designation Act (title VIII)
106-113 Consolidated Appropriations, Fiscal Year 2000
106-113 Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2000 (H.R. 3422, enacted by reference)
106-113 Silk Road Strategy Act of 1999 (sec. 596, H.R. 3422, enacted
by reference)
106-113 Admiral James W. Nance and Meg Donovan Foreign Relations
Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427,
enacted by reference)
106-113 Secure Embassy Construction and Counterterrorism Act of 1999
(title VI, division A, H.R. 3427, enacted by reference)
106-113 North Korea Threat Reduction Act of 1999 (subtitle B, title
VIII, division A, H.R. 3427, enacted by reference)
106-113 United Nations Reform Act of 1999 (title IX, division A,
H.R. 3427, enacted by reference)
106-113 Arms Control, Nonproliferation, and Security Assistance Act
of 1999 (division B, H.R. 3427, enacted by reference)
106-113 Arms Control and Nonproliferation Act of 1999 (title XI,
division B, H.R. 3427, enacted by reference)
106-113 National Security and Corporate Fairness under the
Biological Weapons Convention Act (chapter 2, subtitle A,
title XI, division B, H.R. 3427, enacted by reference)
106-113 Security Assistance Act of 1999 (title XII, H.R. 3427,
enacted by reference)
106-113 Defense Offsets Disclosure Act of 1999 (subtitle D, title
XII, H.R. 3427, enacted by reference)
106-113 Proliferation Prevention Enhancement Act of 1999 (subtitle
E, title XII, H.R. 3427, enacted by reference)
106-113 International Arms Sales Code of Conduct Act of 1999
(subtitle F, title XII, H.R. 3427, enacted by reference)
106-108 Arctic Tundra Habitat Emergency Conservation Act
106-87 Torture Victims Relief Reauthorization Act of 1999
106-79 Department of Defense Appropriations Act, 2000
106-65 National Defense Authorization Act for Fiscal Year 2000
106-65 Panama Canal Commission Authorization Act for Fiscal Year
2000 (title XXXV)
106-38 National Missile Defense Act of 1999
106-36 Miscellaneous Trade and Technical Corrections Act of 1999
106-35 Western Hemisphere Drug Elimination Technical Corrections
Act
106-30 Peace Corps Reauthorization
105-385 Africa: Seeds of Hope Act of 1998
105-384 Governing International Fisheries Agreement with Poland
105-382 Department of State Special Agents Retirement Act of 1998
105-366 International Anti-Bribery and Fair Competition Act of 1998
105-362 Federal Reports Elimination Act of 1998
105-338 Iraq Liberation Act of 1998
105-323 Extradition Treaties Interpretation Act of 1998
105-319 Irish Peace Process Cultural and Training Program Act of
1998
105-312 Rhinoceros and Tiger Conservation Act of 1998
105-303 Commercial Space Act of 1998
105-292 International Religious Freedom Act of 1998
105-277 Omnibus Consolidated and Emergency Supplemental
Appropriations Act for Fiscal Year 1999
105-277 Haitian Refugee Immigration Fairness Act of 1998 (division
A, sec. 101(h), title IX)
105-277 Trade Deficit Review Commission Act (division A, sec. 127)
105-277 Office of National Drug Control Policy Reauthorization Act
of 1998 (division C, title VII)
105-277 Western Hemisphere Drug Elimination Act (division C, title
VIII)
105-277 Foreign Affairs Reform and Restructuring Act of 1998
(division G)
105-277 Foreign Affairs Agencies Consolidation Act of 1998 (division
G, subdivision A)
105-277 Foreign Relations Authorization Act, Fiscal Years 1998 and
1999 (division G, subdivision B)
105-277 United Nations Reform Act of 1998 (division G, subdivision
C)
105-277 European Security Act of 1998 (division G, title XXVII)
105-277 Chemical Weapons Convention Implementation Act of 1998
(division I)
105-262 Department of Defense Appropriations Act, 1999
105-261 Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999
105-261 Defense Against Weapons of Mass Destruction Act of 1998
(title XIV)
105-261 Panama Canal Commission Authorization Act for Fiscal Year
1999 (title XXXV)
105-261 Radio Free Asia Act of 1998 (title XXXIX)
105-246 Nazi War Crimes Disclosure Act
105-235 Finding the Government of Iraq in Unacceptable and Material
Breach of Its International Obligations
105-217 African Elephant Conservation Reauthorization Act of 1998
105-194 Agriculture Export Relief Act of 1998
105-186 U.S. Holocaust Assets Commission Act of 1998
105-174 1998 Supplemental Appropriations and Rescissions Act
105-173 International Parental Kidnapping Crime Act
105-158 Holocaust Victims Redress Act
105-119 Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1998
105-107 Intelligence Authorization Act for Fiscal Year 1998
105-100 Nicaraguan Adjustment and Central American Relief Act (title
II)
105-96 Asian Elephant Conservation Act of 1997
105-85 National Defense Authorization Act for Fiscal Year 1998
105-42 International Dolphin Conservation Program Act
104-319 Human Rights, Refugee, and Other Foreign Relations
Provisions Act of 1996
104-309 Records Relating to Nazi War Crimes
104-297 Sustainable Fisheries Act
104-293 Intelligence Authorization Act for Fiscal Year 1997
104-293 Combatting Proliferation of Weapons of Mass Destruction Act
of 1996 (title VII)
104-269 Release of USIA Materials: VOA, Radio Marti Recordings
104-264 Federal Aviation Reauthorization Act of 1996
104-227 Antarctic Science, Tourism, and Conservation Act of 1996
104-208 Omnibus Consolidated Appropriations for Fiscal Year 1997
104-208 Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1997 (title I, sec. 101(c))
104-203 Most-Favored-Nation Treatment for Cambodia
104-201 National Defense Authorization Act for Fiscal Year 1997
104-201 Defense Against Weapons of Mass Destruction Act of 1996
(title XIV)
104-201 Panama Canal Commission Authorization Act for Fiscal Year
1997 (title XXXV, subtitle A)
104-201 Panama Canal Act Amendments of 1996 (title XXXV, subtitle B)
104-172 Iran and Libya Sanctions Act of 1996
104-171 Most-Favored-Nation Treatment for Romania
104-164 Miscellaneous Amendments and Authorization--FYs 1996 and
1997
104-162 Most-Favored-Nation Treatment for People's Republic of
Bulgaria
104-161 Release of USIA Materials: ``Fragile Ring of Life''
104-132 Antiterrorism and Effective Death Penalty Act of 1996
104-127 Federal Agriculture Improvement and Reform Act of 1996
104-114 Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of
1996
104-106 National Defense Authorization Act for Fiscal Year 1996
104-106 Ballistic Missile Defense Act of 1995 (title II, subtitle C)
104-93 Intelligence Authorization Act for Fiscal Year 1996
104-72 Au Pair Extension
104-66 Federal Reports Elimination and Sunset Act of 1995
104-45 Jerusalem Embassy Act of 1995
104-43 Fisheries Act of 1995
104-43 High Seas Fishing Compliance Act of 1995 (title I)
104-43 Northwest Atlantic Fisheries Convention Act of 1995 (title
II)
104-43 Atlantic Tunas Convention Act of 1995 (title III)
104-43 Sea of Okhotsk Fisheries Enforcement Act of 1995 (title V)
104-43 High Seas Driftnet Fishing Moratorium Protection Act (title
VI)
104-43 Yukon River Salmon Act of 1995 (title VII) Act for Fiscal
Year 1997
104-6 Emergency Supplemental Appropriations and Rescissions for
the Department of Defense to Preserve and Enhance Military
Readiness Act of 1995
104-6 Mexican Debt Disclosure Act of 1995 (title IV)
103-465 Uruguay Rounds Agreements Act
103-465 Export Enhancement Program Amendments of 1994 (title IV,
subtitle A, part II, sec. 411(a))
103-447 International Narcotics Control Corrections Act of 1994
103-447 NATO Participation Act of 1994 (title II)
103-423 United States Policy Toward Haiti
103-416 Visa for Officials of Taiwan
103-392 Jobs Through Trade Expansion Act of 1994
103-391 Rhinoceros and Tiger Conservation Act of 1994
103-381 African Conflict Resolution Act
103-372 To Provide for an Investigation of the Whereabouts of U.S.
Citizens Missing From Cyprus Since 1974
103-337 National Defense Authorization Act for Fiscal Year 1995
103-306 Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1995
103-294 Helsinki Human Rights Day
103-236 Foreign Relations Authorization Act, Fiscal Years 1994 and
1995
103-236 Mike Mansfield Fellowship Act (title II, part C)
103-236 United States International Broadcasting Act of 1994 (title
III)
103-236 Spoils of War Act of 1994 (title V, part B)
103-236 Anti-Economic Discrimination Act of 1994 (title V, part C)
103-236 Cambodian Genocide Justice Act (title V, part D)
103-236 Middle East Peace Facilitation Act of 1994 (title V, part E)
103-236 Arms Control and Nonproliferation Act of 1994 (title VII,
part A)
103-236 Nuclear Proliferation Prevention Act of 1994 (title VIII)
103-236 Protection and Reduction of Government Secrecy Act (title
IX)
103-206 Coast Guard Authorization Act of 1993
103-199 Act For Reform in Emerging New Democracies and Support and
Help for Improved Partnership with Russia, Ukraine, and
Other New Independent States (FRIENDSHIP Act)
103-182 North American Free Trade Agreement Implementation Act
103-160 National Defense Authorization Act for Fiscal Year 1994
103-160 Cooperative Threat Reduction Act of 1993 (title XII)
103-160 Defense Conversion, Reinvestment, and Transition Assistance
Amendments of 1993 (title XIII)
103-160 National Shipbuilding and Shipyard Conversion Act of 1993
(title XIII, subtitle D)
103-160 Panama Canal Commission Authorization Act for Fiscal Year
1994 (title XXXV)
103-158 Act to Honor the Victims of the Bombing of Panam Flight 103
103-149 South African Democratic Transition Support Act of 1993
103-133 Nondiscriminatory Treatment Toward Products of Romania
103-125 Middle East Peace Facilitation Act of 1993
102-588 National Aeronautics and Space Administration Authorization
Act, Fiscal Year 1993
102-587 Oceans Act of 1992
102-587 North Pacific Anadromous Stocks Convention Act of 1992
(title VIII)
102-582 High Seas Driftnet Fisheries Enforcement Act
102-582 Central Bering Sea Fisheries Enforcement Act of 1992 (title
III)
102-567 North Pacific Anadromous Stocks Act of 1992 (title VIII)
102-565 Peace Corps Authorization for Fiscal Year 1993
102-549 Jobs Through Exports Act of 1992
102-549 Aid, Trade, and Competitiveness Act of 1992 (title III)
102-549 Enterprise for the Americas Act of 1992 (title VI)
102-532 Enterprise for the Americas Initiative Act of 1992
102-523 International Dolphin Conservation Act of 1992
102-511 Freedom for Russia and Emerging Eurasian Democracies and
Open Markets Support Act of 1992 (FREEDOM Support Act)
102-509 Soviet Scientists Immigration Act of 1992
102-486 Energy Policy Act of 1992
102-484 National Defense Authorization Act for Fiscal Year 1993
102-484 Former Soviet Union Demilitarization Act of 1992 (title XIV)
102-484 Weapons of Mass Destruction Control Act of 1992 (title XV)
102-484 Iran-Iraq Arms Non-Proliferation Act of 1992 (title XVI)
102-484 Cuban Democracy Act of 1992 (title XVII)
102-484 Panama Canal Commission Authorization Act for Fiscal Year
1993 (title XXXV)
102-454 Distribution of USIA Materials
102-450 Asian/Pacific American Heritage Month--Designation
102-429 Export Enhancement Act of 1992
102-420 Withdrawal of MFN From Serbia and Montenegro
102-404 Chinese Student Protection Act of 1992
102-396 Department of Defense Appropriations Act, 1993
102-391 Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1993
102-383 United States-Hong Kong Policy Act of 1992
102-372 Tourism Policy and Export Promotion Act of 1992
102-363 Nondiscriminatory Treatment Toward Products of Albania
102-311 International Peacekeeping Act of 1992
102-274 Horn of Africa Recovery and Food Security Act
102-270 Peace Process in Liberia
102-256 Torture Victim Protection Act of 1991
102-247 Omnibus Insular Areas Act of 1992
102-237 Food, Agriculture, Conservation, and Trade Act Amendments of
1991
102-228 Conventional Forces in Europe Treaty Implementation Act of
1991
102-228 Soviet Nuclear Threat Reduction Act of 1991 (title II)
102-197 Most-Favored Nation Treatment for the Union of Soviet
Socialist Republics
102-195 National Aeronautics and Space Administration Authorization
Act, Fiscal Year 1992
102-190 National Defense Authorization Act for Fiscal Years 1992 and
1993
102-190 Missile Defense Act of 1991 (title II, part C)
102-190 Panama Canal Commission Authorization Act for Fiscal Year
1992 (title XXXV)
102-183 David L. Boren National Security Education Act of 1991
(title VIII)
102-182 Termination of Trade Restrictions to Czechoslovakia and
Hungary
102-182 Andean Trade Preference Act (title II)
102-182 Chemical and Biological Weapons Control and Warfare
Elimination Act of 1991 (title III)
102-158 Most-Favored Nation Treatment for People's Republic of
Bulgaria
102-157 Most-Favored Nation Treatment for Mongolian People's
Republic
102-138 Foreign Relations Authorization Act, Fiscal Years 1992 and
1993
102-138 Dante B. Fascell North-South Center Act of 1991 (sec. 208)
102-21 Emergency Supplemental Assistance for Israel Act of 1991
102-20 Foreign Relations Persian Gulf Conflict Emergency
Supplemental Authorization Act, Fiscal Year 1991
102-1 Authorization for Use of U.S. Armed Forces Pursuant to U.N.
Security Council Resolution 678
101-649 Immigration Act of 1990
101-647 Crime Control Act of 1990
101-646 Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990
101-627 Fishery Conservation Amendments of 1990
101-627 Dolphin Protection Consumer Information Act (title IX)
101-624 Food, Agriculture, Conservation, and Trade Act of 1990
101-624 Agricultural Development and Trade Act of 1990 (title XV)
101-624 Global Climate Change Prevention Act of 1990 (title XXIV)
101-623 International Narcotics Control Act of 1990
101-620 Protection of Antarctica
101-611 National Aeronautics and Space Administration Authorization
Act, Fiscal Year 1991
101-610 National and Community Service Act of 1990
101-606 Global Change Research Act of 1990
101-606 International Cooperation in Global Change Research Act of
1990 (title II)
101-604 Aviation Security Improvement Act of 1990
101-594 Antarctic Protection Act of 1990
101-549 Clean Air Act Amendments
101-541 Most-Favored-Nation Treatment for Czechoslovakia
101-533 Foreign Direct Investment and International Financial Date
Improvements Act of 1990
101-513 Foreign Operations, Export Financing, and Related Programs
Appropriations Act 1991
101-513 European Bank for Reconstruction and Development Act (sec.
562(c))
101-513 Iraq Sanctions Act of 1990 (secs. 586-586J)
101-513 International Forestry Cooperation Act of 1990 (title VI)
101-511 Department of Defense Appropriations Act, 1991
101-510 National Defense Authorization Act for Fiscal Year 1991
101-510 Panama Canal Commission Authorization Act for Fiscal Year
1991 (title XXXV)
101-454 Eisenhower Exchange Fellowship Act of 1990
101-454 Fascell Fellowship Amendments Act of 1990 (sec. 9)
101-438 Rio Grande American Canal Extension Act of 1990
101-382 Customs and Trade Act of 1990
101-382 Caribbean Basin Economic Recovery Expansion Act of 1990
(title II)
101-382 Forest Resources Conservation and Shortage Relief Act of
1990 (title IV)
101-380 Oil Pollution Act of 1990
101-328 National Space Council Authorization Act of 1990
101-298 Biological Weapons Anti-Terrorism Act of 1989
101-246 Foreign Relations Authorization Act, Fiscal Years 1990 and
1991
101-246 PLO Commitments Compliance Act of 1989 (title VIII)
101-243 Urgent Assistance for Democracy in Panama Act of 1990
101-240 International Development and Finance Act of 1989
101-240 Foreign Debt Reserving Act of 1989 (title IV)
101-240 Global Environmental Protection Assistance Act of 1989
(title VII)
101-231 International Narcotics Control Act of 1989
101-219 Implementation of Compact of Free Association With Palau
101-216 Arms Control and Disarmament Amendments Act of 1989
101-215 Survival Assistance for Victims of Civil Strife in Central
America
101-189 National Defense Authorization Act for Fiscal Years 1990 and
1991
101-179 Support for East European Democracy (SEED) Act of 1989
101-167 Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1990
101-162 Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1990
101-62 Implementing Agreement for Vienna Convention on Diplomatic
Relations
100-690 International Narcotics Control Act of 1988 (title IV)
100-685 National Aeronautics and Space Administration Authorization
Act, Fiscal Year 1989
100-629 U.S.-U.S.S.R. Fishing Agreement
100-576 Bangladesh Disaster Assistance Act of 1988
100-530 International Cooperation to Protect Biological Diversity
100-478 African Elephant Conservation Act (title II)
100-465 Rio Grande Pollution Correction Act of 1987
100-463 Department of Defense Appropriations Act, 1989
100-461 Overseas Private Investment Corporation Amendments Act of
1988 (H.R. 5263, enacted by reference)
100-461 Miscellaneous International Affairs Authorization Act of
1988 (S. 2757, enacted by reference)
100-460 Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1989
100-456 National Defense Authorization Act, Fiscal Year 1989
100-449 United States-Canada Free Trade Agreement Implementation Act
of 1988
100-418 Omnibus Trade and Competitiveness Act of 1988
100-418 Telecommunications Trade Act of 1988 (title I, subtitle C,
part 4)
100-418 Export Enhancement Act 1988 (title II)
100-418 Fair Trade in Auto Parts Act of 1988 (title II, subtitle A,
part II)
100-418 American Aid to Poland Act of 1988 (title II, subtitle B,
part II)
100-418 Multilateral Export Control Enhancement Amendments Act
(title II, subtitle D, part II)
100-418 Exchange Rates and International Economic Policy
Coordination Act of 1988 (title III, subtitle A)
100-418 International Debt Management Act of 1988 (title III,
subtitle B)
100-418 Multilateral Development Banks Procurement Act (title III,
subtitle C)
100-418 Export-Import Bank and Tied Aid Credit Amendments of 1988
(title III, subtitle D)
100-418 Primary Dealers Act of 1988 (title III, subtitle F)
100-418 Financial Reports Act of 1988 (title III, subtitle G)
100-418 Agricultural Competitiveness and Trade Act of 1988 (title
IV)
100-418 Pesticide Monitoring Improvements Act of 1988 (title IV,
subtitle G)
100-418 Foreign Corrupt Practices Act Amendments of 1988 (title V,
subtitle A, part I)
100-418 Competitiveness Policy Council Act (title V, part I,
subtitle C)
100-418 Small Business International Trade and Competitiveness Act
(title VII)
100-418 Foreign Shipping Practices Act of 1988 (title X)
100-393 Dire Emergency Supplemental Appropriations Act, 1988
100-373 International Energy Emergency Authorities: Extension
100-350 German Democratic Republic Fishery Agreement
100-330 South Pacific Tuna Act of 1988
100-300 International Child Abduction Remedies Act
100-276 Central American Peace Assistance
100-220 United States-Japan Fishery Agreement Approval Act of 1987
100-220 Driftnet Impact Monitoring, Assessment, and Control Act of
1987 (title IV)
100-213 Arms Control and Disarmament Amendments Act of 1987
100-204 Foreign Relations Authorization Act, Fiscal Years 1988 and
1989
100-204 United States Information Agency Authorization Act, Fiscal
Years 1988 and 1989 (title II)
100-204 Board for International Broadcasting Authorization Act,
Fiscal Years 1988 and 1989 (title V)
100-204 Anti-Terrorism Act of 1987 (title X)
100-204 Global Climate Protection Act of 1987 (title XI)
100-202 Continuing Appropriations, Fiscal Year 1988
100-202 Cuban Political Prisoners and Immigrants (sec. 101(a), title
VII)
100-202 Indochinese Refugee and Resettlement Act of 1987 (sec.
101(a), title VIII)
100-202 Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1988 (sec. 101(e))
100-202 Multilateral Investment Guarantee Agency Act (sec. 101(e),
H.R. 3570, enacted by reference, title IV)
100-180 National Defense Authorization Act for Fiscal Years 1988 and
1989
100-147 National Aeronautics and Space Administration Authorization
Act of 1988
100-113 Federal Triangle Development Act
100-66 United States-Korea Fishery Agreement
99-661 National Defense Authorization Act, Fiscal Year 1987
99-661 Department of Defense Authorization Act, 1987 (Division A)
99-658 Approval of the Compact of Free Association With the
Government of Palau
99-630 Humpback Whales Wildlife Sanctuary (West Indies)
99-603 Immigration Reform and Control Act of 1986
99-570 International Narcotics Control Act of 1986 (title II)
99-529 Special Foreign Assistance Act of 1986
99-513 R.M.S. Titanic Maritime Memorial Act of 1986
99-498 Higher Education Amendments of 1986
99-475 Release of USIA Materials to Museums
99-472 Export-Import Bank Act Amendments of 1986
99-415 Anglo-Irish Agreement Support Act of 1986
99-399 Omnibus Diplomatic Security and Antiterrorism Act of 1986
99-399 Diplomatic Security Act (titles I-IV)
99-399 Victims of Terrorism Compensation Act (title VIII)
99-399 International Maritime and Port Security Act (title IX)
99-399 Fascell Fellowship Act (title X)
99-239 Compact of Free Association Act of 1985
99-198 Food Security Act of 1985
99-198 Food for Progress Act of 1985 (sec. 1110)
99-190 Further Continuing Appropriations, 1985
99-190 Multilateral Development Bank Act of 1985 (sec. 101(i), H.R.
2253, enacted by reference)
99-180 Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1986
99-177 Balanced Budget and Emergency Deficit Control Act of 1985
[Gramm-Rudman-Hollings Act]
99-162 Sales of Arms to Jordan
99-145 Department of Defense Authorization Act, 1986
99-93 Foreign Relations Authorization Act, Fiscal Years 1986 and
1987
99-93 United States Information Agency Authorization Act, Fiscal
Years 1986 and 1987 (title II)
99-93 Board for International Broadcasting Authorization Act,
Fiscal Years 1986 and 1987 (title III)
99-93 Iran Claims Settlement (title V)
99-93 United States Scholarship Program for Developing Countries
Authorization, Fiscal Years 1986 & 1987 (title VI)
99-93 Arms Control and Disarmament Act Authorization for Fiscal
Years 1986 and 1987 (title VII)
99-88 Supplemental Appropriations Act, 1985
99-88 Jordan Supplemental Economic Assistance Authorization Act of
1985 (title IV)
99-85 Authorization for an Improved U.S./Soviet Direct
Communications Link
99-83 International Security and Development Cooperation Act of
1985
99-83 International Narcotics Control Act of 1985 (title VI)
99-83 Peace Corps Authorization for Fiscal Years 1986 and 1987
(title XI)
99-64 Export Administration Amendments Act of 1985
99-47 United States-Israel Free Trade Area Implementation Act of
1985
99-8 African Famine Relief and Recovery Act of 1985
99-5 Pacific Salmon Treaty Act of 1985
98-623 Governing International Fishery Agreements With Iceland and
the European Economic Community (title I)
98-623 Antarctic Marine Living Resources Convention Act of 1984
(title III)
98-618 Intelligence Authorization Act for Fiscal Year 1985
98-573 Trade and Tariff Act of 1984
98-573 International Trade and Investment Act (title III)
98-573 Generalized System of Preferences Renewal Act of 1984 (title
V)
98-573 Steel Import Stabilization Act (title VIII)
98-573 Wine Equity and Export Expansion Act of 1984 (title IX)
98-562 Cooperative East-West Ventures in Space
98-533 1984 Act to Combat International Terrorism
98-525 Department of Defense Authorization Act, 1985
98-525 United States Institute for Peace Act (title XVII)
98-473 Continuing Appropriations, 1985
98-473 Inter-American Investment Corporation Act (title II, S.
2416, enacted by reference)
98-473 President's Emergency Food Assistance Act of 1984 (title
III)
98-447 United States Government Opposition to the Practice of
Torture
98-445 Eastern Pacific Tuna Licensing Act of 1984
98-373 Arctic Research and Policy Act of 1984 (title I)
98-373 National Critical Materials Act of 1984 (title II)
98-266 Clement J. Zablocki Memorial Outpatient Facility, American
Children's Hospital, Krakow, Poland
98-258 Agricultural Programs Adjustment Act of 1984
98-258 Agricultural Exports (title V)
98-198 Child Health Revolution
98-181 Supplemental Appropriations Act, 1984
98-181 Trade and Development Enhancement Act of 1983 (title VI,
part C)
98-181 International Lending Supervision Act of 1983 (title IX)
98-181 Multilateral Development Banks: Sense of Congress (title X)
98-164 Department of State Authorization Act, Fiscal Years 1984 and
1985 (titles I, X)
98-164 United States Information Agency Authorization Act, Fiscal
Years 1984 and 1985 (title II)
98-164 Board for International Broadcasting Authorization Act,
Fiscal Years 1984 and 1985 (title III)
98-164 Asia Foundation Act (title IV)
98-164 National Endowment for Democracy Act (title V)
98-164 Foreign Missions Amendments Act (title VI)
98-164 International Environmental Protection Act of 1983 (title
VII)
98-164 Research and Training for Eastern Europe and the Independent
States of the Former Soviet Union Act of 1983 (title VIII)
98-164 United States-India Fund for Cultural, Educational, and
Scientific Cooperation Act (title IX)
98-151 Continuing Resolution, 1984
98-151 Foreign Assistance and Related Programs Appropriations Act,
1984 (sec. 101(b)(1))
98-151 International Security and Development Assistance
Authorization Act of 1983 (sec. 101(b)(2))
98-119 Multinational Force in Lebanon Resolution
98-111 Radio Broadcasting to Cuba Act
98-94 Department of Defense Authorization Act, 1984
98-67 Caribbean Basin Economic Recovery Act (title II)
98-43 Lebanon Emergency Assistance Act of 1983
97-446 Convention on Cultural Property Implementation Act (title
III)
97-425 Nuclear Waste Policy Act of 1982
97-418 Protection of Foreign Missions
97-389 Fisheries Amendments of 1982
97-389 Atlantic Salmon Convention Act of 1982 (title III)
97-389 Governing International Fishery Agreements with Japan and
Spain (title IV)
97-325 International Carriage of Perishable Foodstuffs Act
97-290 Export Trading Company Act of 1982 (title I)
97-290 Bank Export Services Act (title II)
97-252 Department of Defense Authorization Act, 1983
97-241 Department of State Authorization Act, Fiscal Years 1982 and
1983
97-241 Foreign Missions Act (title II)
97-241 United States Information Agency Authorization Act, Fiscal
Years 1982 and 1983 (title III)
97-241 Board for International Broadcasting Authorization Act,
Fiscal Years 1982 and 1983 (title IV)
97-229 Energy Emergency Preparedness Act of 1982
97-145 Export Administration Amendments Act of 1981
97-132 Multinational Force and Observers Participation Resolution
97-127 Czechoslovakian Claims Settlement Act of 1981
97-113 International Security and Development Cooperation Act of
1981
97-98 Agriculture and Food Act of 1981
97-98 Agriculture Trade and Export Policy Commission Act (title
XII, subtitle C)
97-35 African Development Bank Act (title XIII, subtitle B, part
3)
96-599 International Coffee Agreement Act of 1980
96-561 American Fisheries Promotion Act (title II)
96-533 International Security and Development Cooperation Act of
1980
96-533 African Development Foundation Act (title V)
96-494 Agriculture Act of 1980
96-494 Agricultural Trade Suspension Adjustment Act of 1980 (title
II)
96-494 Bill Emerson Humanitarian Trust Act (title III)
96-487 Alaska National Interests Lands Conservation Act
96-478 Act to Prevent Pollution from Ships
96-465 Foreign Service Act of 1980
96-449 Hostage Relief Act of 1980
96-422 Refugee Education Assistance Act of 1980
96-389 Bretton Woods Agreements Act Amendments, 1980
96-339 Atlantic Tunas Convention Act of 1975, Appropriation
Authorization
96-323 North Atlantic Treaty Organization Mutual Support Act of
1979
96-283 Deep Seabed Hard Mineral Resources Act
96-283 Deep Seabed Hard Mineral Removal Tax Act of 1979 (title IV)
96-280 Nuclear Non-Proliferation Act of 1978--Agreements for
Cooperation
96-271 International Natural Rubber Agreement Appropriation
Authorization for Fiscal Year 1981
96-259 Providing for Increased Participation by the United States
in the Inter-American and Asian Development Banks and
African Development Fund
96-236 International Sugar Agreement, 1977, Implementation
96-212 Refugee Act of 1980
96-175 Strategic and Critical Materials Transaction Authorization
Act of 1979
96-133 Energy Policy and Conservation Act Amendments
96-92 International Security Assistance Act of 1979
96-72 Export Administration Act of 1979
96-70 Panama Canal Act of 1979
96-60 Department of State Authorization Act, Fiscal Years 1980 and
1981 (title I)
96-60 International Communication Agency Authorization Act, Fiscal
Years 1980 and 1981 (title II)
96-53 International Development Cooperation Act of 1979
96-39 Trade Agreements Act of 1979
96-35 Special International Security Assistance Act of 1979
96-9 Reaffirming North Atlantic Alliance--United States
Commitment
96-8 Taiwan Relations Act
95-630 Financial Institutions Regulatory and Interest Rate Control
Act of 1978
95-630 Export-Import Bank Act Amendments of 1978 (title XIX)
95-561 Education Amendments of 1978
95-561 National Academy of Peace and Conflict Resolution (title XV,
part B)
95-511 Foreign Intelligence Surveillance Act of 1978
95-501 Agricultural Trade Act of 1978
95-485 Department of Defense Appropriation Authorization Act, 1979
95-452 Inspector General Act of 1978
95-435 Bretton Woods Agreements Act Amendments, 1978
95-426 Foreign Relations Authorization Act, Fiscal Year 1979
95-426 International Communication Agency Authorization for Fiscal
Year 1979 (title II)
95-424 International Development and Food Assistance Act of 1978
95-393 Diplomatic Relations Act
95-384 International Security Assistance Act of 1978
95-287 Reaffirming the Unity of the North Atlantic Alliance
Commitment
95-242 Nuclear Non-Proliferation Act of 1978
95-238 Department of Energy Act of 1978
95-223 International Emergency Economic Powers Act (title II)
95-213 Foreign Corrupt Practices Act of 1977 (title I)
95-118 International Financial Institutions Act
95-113 Food and Agriculture Act of 1977
95-105 Foreign Relations Authorization Act, Fiscal Year 1978
95-105 United States Information Agency Authorization for Fiscal
Year 1978 (title II)
95-92 International Security Assistance Act of 1977
95-88 International Development and Food Assistance Act of 1977
95-6 Fishery Conservation Zone Transition Act
94-583 Foreign Sovereign Immunities Act of 1976
94-472 International Investment and Trade in Services Survey Act
94-412 National Emergencies Act
94-350 Foreign Relations Authorization Act, Fiscal Year 1977
94-350 United States Information Agency Authorization for Fiscal
Year 1977 (title II)
94-350 Foreign Service Retirement Amendments of 1976 (title V)
94-329 International Security Assistance and Arms Export Control
Act of 1976
94-304 Establishing a Commission on Security and Cooperation in
Europe
94-302 African Development Fund Act (title II)
94-265 Magnuson-Stevens Fishery Conservation and Management Act of
1976
94-265 Driftnet Act Amendments of 1990 (sec. 206)
94-163 Energy Policy and Conservation Act
94-161 International Development and Food Assistance Act of 1975
94-141 Foreign Relations Authorization Act, Fiscal Year 1976
94-118 Japan-United States Friendship Act
94-110 Joint Resolution to Implement the United States Proposal for
the Early-Warning System in Sinai
94-70 Atlantic Tunas Convention Act of 1975
94-39 National Aeronautics and Space Administration Authorization
Act, 1976
93-627 Deepwater Port Act of 1974
93-618 Trade Act of 1974
93-618 Narcotics Control Trade Act (title VIII)
93-559 Foreign Assistance Act of 1974
93-479 Foreign Investment Study Act of 1974
93-475 State Department/USIA Authorization Act, Fiscal Year 1975
93-366 Antihijacking Act of 1974
93-365 Department of Defense Appropriation Authorization Act, 1975
93-248 Intervention on the High Seas Act
93-205 Endangered Species Act of 1973
93-199 Emergency Security Assistance Act of 1973
93-189 Foreign Assistance Act of 1973
93-188 United Nations Environment Program Participation Act of 1973
93-153 Trans-Alaska Pipeline Authorization Act
93-148 War Powers Resolution
93-129 Board for International Broadcasting Act of 1973
93-126 Department of State Appropriations Authorization Act of 1973
93-110 Par Value Modification Act--Foreign Currency Reports (title
II)
92-544 Departments of State, Justice, and Commerce, the Judiciary,
and Related Agencies Appropriations Act, 1973
92-522 Marine Mammal Protection Act of 1972
92-499 Act to Extend Diplomatic Privileges to the Commission of the
European Communities
92-403 Case Act--Transmittal of International Agreements
92-352 Foreign Relations Authorization Act of 1972
92-268 Par Value Modification Act
92-257 Trust Territory of the Pacific Islands Act
92-226 Foreign Assistance Act of 1971
92-39 Micronesian Claims Act of 1971
91-672 Foreign Military Sales Act Amendments, 1971
91-652 Special Foreign Assistance Act of 1971
91-441 Armed Forces Appropriation Authorization, 1971
91-269 United States Recognition and Participation in International
Expositions
91-175 Foreign Assistance Act of 1969, as amended
90-629 Arms Export Control Act
90-554 Foreign Assistance Act of 1968
90-553 International Center Act
90-390 Export Loans--Assistance
90-349 Special Drawing Rights Act
90-137 Foreign Assistance Act of 1967
89-732 Cuban Refugee Adjustment Act
89-673 Foreign Gifts and Decorations Act of 1966
89-583 Foreign Assistance Act of 1966
89-532 Convention on the Settlement of Investment Disputes Act of
1966
89-486 Foreign Agents Registration Act Amendments
89-369 Asian Development Bank Act
89-296 Ryukyu Islands Claims Settlement Act
89-259 Cultural Objects--Importation for Temporary Display
89-171 Foreign Assistance Act of 1965
89-134 Peace Corps Act Amendments
88-633 Foreign Assistance Act of 1964
88-408 Tonkin Gulf Resolution
88-205 Foreign Assistance Act of 1963
87-826 Collection and Publication of Foreign Commerce and Trade
Statistics
87-794 Trade Expansion Act of 1962
87-733 Cuban Resolution
87-565 Foreign Assistance Act of 1962
87-510 Migration and Refugee Assistance Act of 1962
87-297 Arms Control and Disarmament Act
87-293 Peace Corps Act
87-256 Mutual Educational and Cultural Exchange Act of 1961
87-195 Foreign Assistance Act of 1961
87-195 Tropical Forest Conservation Act of 1998 (part V)
87-125 General Government Matters, Department of Commerce, and
Related Agencies Appropriation Act, 1962
86-735 Latin American Development Act
86-628 Legislative Branch Appropriation Act, 1961
86-565 International Development Association Act
86-472 Mutual Security Act of 1960
86-472 Center for Cultural and Technical Interchange Between East
and West Act of 1960 (chapter VII)
86-420 Mexico-United States Interparliamentary Group
86-147 Inter-American Development Bank Act
86-108 Mutual Security Act of 1959
86-42 Canada-United States Interparliamentary Group
85-931 Agricultural Trade Development and Assistance Act of 1954--
Extension and Amendment
85-846 EURATOM Cooperation Act of 1958
85-568 National Aeronautics and Space Act of 1958
85-474 Departments of State and Justice, the Judiciary, and Related
Agencies Appropriation Act, 1959
85-177 International Atomic Energy Agency Participation Act of 1957
85-7 Resolution To Promote Peace and Stability in the Middle East
84-885 State Department Basic Authorities Act of 1956
84-689 United States Group of the North Atlantic Treaty
Parliamentary Conferences--Participation Resolution
84-350 International Finance Corporation Act
83-703 Atomic Energy Act of 1954
83-680 Fisherman's Protective Act of 1967
83-665 Mutual Security Act of 1954
83-480 Agricultural Trade Development and Assistance Act of 1954
83-451 Civil Government for the Trust Territory of the Pacific
Islands
82-486 Extending Certain Privileges to Representatives of
Organization of American States
82-414 Immigration and Nationality Act
81-764 Tuna Conventions Act of 1950
81-676 Whaling Convention Act of 1949
81-507 National Science Foundation Act of 1950
81-455 International Claims Settlement Act of 1949
81-439 Agricultural Act of 1949
80-772 Act of June 25, 1948
80-772 Logan Act--Private Correspondence With Foreign Governments
80-772 Johnson Act--Financial Transactions With Foreign Governments
80-402 United States Information and Educational Exchange Act of
1948
80-357 United Nations Headquarters Agreement Act
80-253 National Security Council
79-547 Act of July 25, 1946
79-291 International Organizations Immunities Act
79-264 United Nations Participation Act of 1945
79-173 Export-Import Bank Act of 1945
79-171 Bretton Woods Agreements Act
76-54 Neutrality Act of 1939
75-583 Foreign Agents Registration Act of 1938
75-543 Act of May 25, 1938
71-361 Tariff Act of 1930
69-186 Foreign Service Buildings Act, 1926
65-91 Trading With the Enemy Act
------------------------------------------------------------------------
Appendix II
Note.--Appendix II lists Public Laws included in
Legislation on Foreign Relations Through 2008, either
as freestanding law or in amendments, arranged
alphabetically by short title or popular name with
corresponding Public Law number.
------------------------------------------------------------------------
Public Law
Short Title No.
------------------------------------------------------------------------
1984 Act to Combat International Terrorism.................. 98-533
1998 Supplemental Appropriations and Rescissions Act........ 105-174
2002 Supplemental Appropriations Act for Further Recovery 107-206
From and Response to Terrorist Attacks on the United States
AGOA Acceleration Act of 2004............................... 108-274
Act For Reform In Emerging New Democracies and Support and 103-199
Help for Improved Partnership with Russia, Ukraine, and
Other New Independent States (FRIENDSHIP Act)..............
Act of May 25, 1938......................................... 75-543
Act of July 25, 1946........................................ 79-547
Act of June 25, 1948........................................ 80-772
Act to Extend Diplomatic Privileges to the Commission of the 92-499
European Communities.......................................
Act to Honor the Victims of the Bombing of Panam Flight..... 103-158
Act to Prevent Pollution from Ships......................... 96-478
Adam Walsh Child Protection and Safety Act of 2006.......... 109-248
Admiral James W. Nance and Meg Donovan Foreign Relations 106-113
Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427,
enacted by reference)......................................
Afghan Women and Children Relief Act of 2001................ 107-81
Afghanistan Freedom Support Act of 2002..................... 107-327
Africa: Seeds of Hope Act of 1998........................... 105-385
African Conflict Resolution Act............................. 103-381
African Development Bank Act (title XIII, subtitle B, part 97-35
3).........................................................
African Development Foundation Act (title V)................ 96-533
African Development Fund Act (title II)..................... 94-302
African Elephant Conservation Act (title II)................ 100-478
African Elephant Conservation Reauthorization Act of 1998... 105-217
African Elephant Conservation Reauthorization Act of 2001... 107-111
African Famine Relief and Recovery Act of 1985.............. 99-8
African Growth and Opportunity Act (title I)................ 106-200
Agricultural Act of 1949.................................... 81-439
Agricultural Competitiveness and Trade Act of 1988 (title 100-418
IV)........................................................
Agricultural Development and Trade Act of 1990 (title XV)... 101-624
Agricultural Exports (title V).............................. 98-258
Agricultural Programs Adjustment Act of 1984................ 98-258
Agricultural Trade Act of 1978.............................. 95-501
Agricultural Trade Development and Assistance Act of 1954... 83-480
Agricultural Trade Development and Assistance Act of 1954-- 85-931
Extension and Amendment....................................
Agricultural Trade Suspension Adjustment Act of 1980 (title 96-494
II)........................................................
Agriculture and Food Act of 1981............................ 97-98
Agriculture Export Relief Act............................... 105-194
Agriculture, Rural Development, Food and Drug 109-97
Administration, and Related Agencies Appropriations Act,
2006.......................................................
Agriculture Trade and Export Policy Commission Act (title 97-98
XII, subtitle C)...........................................
Aid, Trade, and Competitiveness Act of 1992 (title III)..... 102-549
Alaska National Interests Lands Conservation Act............ 96-487
Amendments to U.S.-Mexico Agreement Establishing a Border 108-215
Environment Cooperation Commission and North American
Development Bank...........................................
American Aid to Poland Act of 1988 (title II, subtitle B, 100-418
part II)...................................................
American Fisheries Promotion Act (title II)................. 96-561
American Institute in Taiwan Facilities Enhancement Act..... 106-212
American Servicemembers Protection Act (title II)........... 107-206
Andean Trade Preference Act (title II)...................... 102-182
Andean Trade Promotion and Drug Eradication Act (title XXXI) 107-210
Anglo-Irish Agreement Support Act of 1986................... 99-415
Antarctic Marine Living Resources Convention Act of 1984 98-623
(title III)................................................
Antarctic Protection Act of 1990............................ 101-594
Antarctic Science, Tourism, and Conservation Act of 1996.... 104-227
Anti-Economic Discrimination Act of 1994 (title V, part C).. 103-236
Anti-Terrorism Act of 1987 (title X)........................ 100-204
Antiterrorism and Effective Death Penalty Act of 1996....... 104-132
Antihijacking Act of 1974................................... 93-366
Approval of the Compact of Free Association With the 99-658
Government of Palau........................................
Approving the Renewal of Import Restrictions--Burma......... 108-272
Arctic Research and Policy Act of 1984 (title I)............ 98-373
Arctic Tundra Habitat Emergency Conservation Act............ 106-108
Armed Forces Appropriation Authorization, 1971.............. 91-441
Arms Control and Disarmament Act............................ 87-297
Arms Control and Disarmament Act Authorization for Fiscal 99-93
Years 1986 and 1987 (title VII)............................
Arms Control and Disarmament Amendments Act of 1987......... 100-213
Arms Control and Disarmament Amendments Act of 1989......... 101-216
Arms Control and Nonproliferation Act of 1994 (title VII, 103-236
part A)....................................................
Arms Control and Nonproliferation Act of 1999 (title XI, 106-113
division B, H.R. 3427, enacted by reference)...............
Arms Control, Nonproliferation, and Security Assistance Act 106-113
of 1999 (division B, H.R. 3427, enacted by reference)......
Arms Export Control Act..................................... 90-629
Asia Foundation Act (title IV).............................. 98-164
Asian Development Bank Act.................................. 89-369
Asian Elephant Conservation Act of 1997..................... 105-96
Asian Elephant Conservation Reauthorization Act of 2002..... 107-141
Asian/Pacific American Heritage Month--Designation.......... 102-450
Assistance for International Malaria Control Act............ 106-570
Assistance for Orphans and Other Vulnerable Children in 109-95
Developing Countries Act of 2005...........................
Atlantic Salmon Convention Act of 1982 (title III).......... 97-389
Atlantic Tunas Convention Act of 1975....................... 94-70
Atlantic Tunas Convention Act of 1975, Appropriation 96-339
Authorization..............................................
Atlantic Tunas Convention Act of 1995 (title III)........... 104-43
Atlantic Tunas Convention Authorization Act of 1995 (title 104-43
III).......................................................
Atomic Energy Act of 1954................................... 83-703
Au Pair Extension........................................... 104-72
Authorization for an Improved U.S./Soviet Direct 99-85
Communications Link........................................
Authorization for Use of Military Force [international 107-40
terrorism].................................................
Authorization for Use of Military Force Against Iraq 107-243
Resolution of 2002.........................................
Authorization for Use of U.S. Armed Forces Pursuant to U.N. 102-1
Security Council Resolution 678............................
Aviation Security Improvement Act of 1990................... 101-604
Balanced Budget and Emergency Deficit Control Act of 1985 99-177
[Gramm-Rudman-Hollings Act]................................
Ballistic Missile Defense Act of 1995 (title II, subtitle C) 104-106
Bangladesh Disaster Assistance Act of 1988.................. 100-576
Bank Export Services Act (title II)......................... 97-290
Belarus Democracy Act of 2004............................... 108-347
Bill Emerson Humanitarian Trust Act (title III)............. 96-494
Biological Weapons Anti-Terrorism Act of 1989............... 101-298
Board for International Broadcasting Act of 1973............ 93-129
Board for International Broadcasting Appropriations, 1988 100-202
(sec. 101(a), title V).....................................
Board for International Broadcasting Authorization Act, 97-241
Fiscal Years 1982 and 1983 (title IV)......................
Board for International Broadcasting Authorization Act, 98-164
Fiscal Years 1984 and 1985 (title III).....................
Board for International Broadcasting Authorization Act, 99-93
Fiscal Years 1986 and 1987 (title III).....................
Board for International Broadcasting Authorization Act, 100-204
Fiscal Years 1988 and 1989 (title V).......................
Bob Stump National Defense Authorization Act for Fiscal Year 107-314
2003.......................................................
Bretton Woods Agreements Act................................ 79-171
Bretton Woods Agreements Act Amendments, 1978............... 95-435
Bretton Woods Agreements Act Amendments, 1980............... 96-389
Bring Them Home Alive Act of 2000........................... 106-484
Cambodian Genocide Justice Act (title V, part D)............ 103-236
Canada-United States Interparliamentary Group............... 86-42
Cape Town Treaty Implementation Act of 2004................. 108-297
Caribbean Basin Economic Recovery Act (title II)............ 98-67
Caribbean Basin Economic Recovery Expansion Act of 1990 101-382
(title II).................................................
Caribbean National Forest Wild and Scenic Rivers Act of 2002 107-365
Case Act--Transmittal of International Agreements........... 92-403
Center for Cultural and Technical Interchange Between East 86-472
and West Act of 1960 (chapter VII).........................
Central American Peace Assistance........................... 100-276
Central Bering Sea Fisheries Enforcement Act of 1992 (title 102-582
III).......................................................
Chemical and Biological Weapons Control and Warfare 102-182
Elimination Act of 1991 (title III)........................
Chemical Weapons Convention Implementation Act of 1998 105-277
(division I)...............................................
Child Health Revolution..................................... 98-198
Child Soldiers Prevention Act of 2008 (title IV)............ 110-457
Chinese Student Protection Act of 1992...................... 102-404
Civil Government for the Trust Territory of the Pacific 83-451
Islands....................................................
Class Action Fairness Act of 2005........................... 109-2
Clean Air Act Amendments.................................... 101-549
Clean Diamond Trade Act..................................... 108-19
Clean Water for the Americas Partnership Act of 2002 107-228
(division A, title VI, subtitle D).........................
Clement J. Zablocki Memorial Outpatient Facility, American 98-266
Children's Hospital, Krakow, Poland........................
Coast Guard Authorization Act of 1993....................... 103-206
Collection and Publication of Foreign Commerce and Trade 87-826
Statistics.................................................
Combatting Proliferation of Weapons of Mass Destruction Act 104-293
of 1996 (title VII)........................................
Commercial Space Act of 1998................................ 105-303
Compact of Free Association Act of 1985..................... 99-239
Competitiveness Policy Council Act (title V, part I, 100-418
subtitle C)................................................
Comprehensive Peace in Sudan Act of 2004.................... 108-497
Congo Basin Forest Partnership Act of 2004.................. 108-200
Consolidated Appropriations Act, 2005....................... 108-447
Continuing Appropriations, Fiscal Year 2006................. 109-77
Continuing Resolution, 1984................................. 98-151
Convention on Cultural Property Implementation Act (title 97-446
III).......................................................
Convention on the Settlement of Investment Disputes Act of 89-532
1966.......................................................
Conventional Forces in Europe Treaty Implementation Act of 102-228
1991.......................................................
Cooperative East-West Ventures in Space..................... 98-562
Cooperative Threat Reduction Act of 1993 (title XII)........ 103-160
Crime Control Act of 1990................................... 101-647
Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 104-114
1996.......................................................
Cuban Political Prisoners and Immigrants (sec. 101(a), title 100-202
VII).......................................................
Cuban Refugee Adjustment Act................................ 89-732
Cuban Resolution............................................ 87-733
Cuban Democracy Act of 1992 (title XVII).................... 102-484
Cultural Objects--Importation for Temporary Display......... 89-259
Customs and Trade Act of 1990............................... 101-382
Czechoslovakian Claims Settlement Act of 1981............... 97-127
Dante B. Fascell North-South Center Act of 1991 (sec. 208).. 102-138
David L. Boren National Security Education Act of 1991...... 102-183
Deep Seabed Hard Mineral Removal Tax Act of 1979 (title IV). 96-283
Deep Seabed Hard Mineral Resources Act...................... 96-283
Deepwater Port Act of 1974.................................. 93-627
Defense Against Weapons of Mass Destruction Act of 1996 104-201
(title XIV)................................................
Defense Against Weapons of Mass Destruction Act of 1998 105-261
(title XIV)................................................
Defense Conversion, Reinvestment, and Transition Assistance 103-160
Amendments of 1993 (title XIII)............................
Defense Offsets Disclosure Act of 1999 (subtitle D, title 106-113
XII, H.R. 3427, enacted by reference)......................
Demilitarization of the Former Soviet Union Act of 1992 102-484
(title XIV)................................................
Democratic Republic of the Congo Relief, Security, and 109-456
Democracy Promotion Act of 2006............................
Department of Defense and Emergency Supplemental 107-117
Appropriations for Recovery From and Response To Terrorist
Attacks on the United States Act, 2002.....................
Department of Defense Appropriation Act, 1976............... 94-212
Department of Defense Appropriation Authorization Act, 1975. 93-365
Department of Defense Appropriation Authorization Act, 1979. 95-485
Department of Defense Appropriations Act, 2009.............. 110-329
Department of Defense Authorization Act, 1983............... 97-252
Department of Defense Authorization Act, 1984............... 98-94
Department of Defense Authorization Act, 1985............... 98-525
Department of Defense Authorization Act, 1986............... 99-145
Department of Defense Authorization Act, 1987 (Division A).. 99-661
Department of Defense, Emergency Supplemental Appropriations 109-148
To Address Hurricanes in the Gulf of Mexico, and Pandemic
Influenza Act, 2006........................................
Department of Energy Act of 1978............................ 95-238
Department of State and Related Agencies Appropriations Act, 109-108
2006 (title IV)............................................
Department of State Appropriations Authorization Act of 1973 93-126
Department of State Authorities Act, 2006................... 109-472
Department of State Authorization Act, Fiscal Year 2003 107-228
(division A)...............................................
Department of State Authorization Act, Fiscal Years 1980 and 96-60
1981 (title I).............................................
Department of State Authorization Act, Fiscal Years 1982 and 97-241
1983.......................................................
Department of State Authorization Act, Fiscal Years 1984 and 98-164
1985 (titles I, X).........................................
Department of State, Foreign Operations, and Related 111-8
Programs Appropriations Act, 2009 (division H).............
Department of State Special Agents Retirement Act of 1998... 105-382
Department of the Interior, Environment, and Related 109-54
Agencies Appropriations Act, 2006..........................
Departments of State and Justice, the Judiciary, and Related 85-474
Agencies Appropriation Act, 1959...........................
Departments of State, Justice, and Commerce, the Judiciary, 92-544
and Related Agencies Appropriations Act, 1973..............
Detainee Treatment Act of 2005 (title XIV).................. 109-163
Diplomatic Relations Act.................................... 95-393
Diplomatic Security Act (titles I-IV)....................... 99-399
Dire Emergency Supplemental Appropriations Act, 1988........ 100-393
Distribution of USIA Materials.............................. 102-454
Dolphin Protection Consumer Information Act (title IX)...... 101-627
Dominican Republic-Central America-United States Free Trade 109-53
Agreement Implementation Act...............................
Driftnet Act Amendments of 1990 (sec. 206).................. 94-265
Driftnet Impact Monitoring, Assessment, and Control Act of 100-220
1987 (title IV)............................................
Duncan Hunter National Defense Authorization Act for Fiscal 110-417
Year 2009..................................................
East Timor Transition to Independence Act of 2002 (division 107-228
A, title VI, subtitle C)...................................
Eastern Pacific Tuna Licensing Act of 1984.................. 98-445
Education Amendments of 1978................................ 95-561
Eisenhower Exchange Fellowship Act of 1990.................. 101-454
Emergency Security Assistance Act of 1973................... 93-199
Emergency Supplemental Appropriations Act for Defense and 108-106
for the Reconstruction of Iraq and Afghanistan, 2004.......
Emergency Supplemental Appropriations Act for Defense, the 109-13
Global War on Terror, and Tsunami Relief, 2005.............
Emergency Supplemental Appropriations Act To Address 109-148
Hurricanes in the Gulf of Mexico and Pandemic Influenza
Act, 2006 (division B).....................................
Emergency Supplemental Appropriations and Rescissions for 104-6
the Department of Defense to Preserve and Enhance Military
Readiness Act of 1995......................................
Emergency Supplemental Assistance for Israel Act of 1991.... 102-21
Emergency Supplemental Persian Gulf Refugee Assistance Act 102-45
of 1991....................................................
Endangered Species Act of 1973.............................. 93-205
Energy Emergency Preparedness Act of 1982................... 97-229
Energy Independence and Security Act of 2007................ 110-140
Energy Policy Act of 1992................................... 102-486
Energy Policy Act of 2005................................... 109-58
Energy Policy and Conservation Act.......................... 94-163
Energy Policy and Conservation Act Amendments............... 96-133
Enhanced Border Security and Visa Entry Reform Act of 2002.. 107-173
Enterprise for the Americas Act of 1992 (title VI).......... 102-549
Enterprise for the Americas Initiative Act of 1992.......... 102-532
Establishing a Commission on Security and Cooperation in 94-304
Europe.....................................................
EURATOM Cooperation Act of 1958............................. 85-846
European Bank for Reconstruction and Development Act (sec. 101-513
562(c))....................................................
European Security Act of 1998 (division G, title XXVII)..... 105-277
Exchange Rates and International Economic Policy 100-418
Coordination Act of 1988 (title III, subtitle A)...........
Export Administration Act of 1979........................... 96-72
Export Administration Amendments Act of 1981................ 97-145
Export Administration Amendments Act of 1985................ 99-64
Export Enhancement Act of 1988 (title II)................... 100-418
Export Enhancement Act of 1992.............................. 102-429
Export Enhancement Act of 1999.............................. 106-158
Export Enhancement Program Amendments of 1994 (title IV, 103-465
subtitle A, part II, sec. 411(a))..........................
Export-Import Bank Act Amendments of 1978 (title XIX)....... 95-630
Export-Import Bank Act Amendments of 1986................... 99-472
Export-Import Bank Act of 1945.............................. 79-173
Export-Import Bank and Tied Aid Credit Amendments of 1988 100-418
(title III, subtitle D)....................................
Export-Import Bank Reauthorization Act of 2002.............. 107-189
Export Loans--Assistance.................................... 90-390
Export Trading Company Act of 1982 (title I)................ 97-290
Extending Certain Privileges to Representatives of 82-486
Organization of American States............................
Extradition Treaties Implementation Act of 1998............. 105-323
Fair Trade in Auto Parts Act of 1988 (title II, subtitle A, 100-418
part II)...................................................
Famine Prevention and Freedom From Hunger Improvement Act of 106-373
2000.......................................................
Fascell Fellowship Act (title X)............................ 99-399
Fascell Fellowship Amendments Act of 1990 (sec. 9).......... 101-454
Federal Agriculture Improvement and Reform Act of 1996...... 104-127
Federal Aviation Reauthorization Act of 1996................ 104-264
Federal Reports Elimination Act of 1998..................... 105-362
Federal Reports Elimination and Sunset Act of 1995.......... 104-66
Federal Triangle Development Act............................ 100-113
Financial Institutions Regulatory and Interest Rate Control 95-630
Act of 1978................................................
Financial Reports Act of 1988 (title III, subtitle G)....... 100-418
Finding the Government of Iraq in Unacceptable and Material 105-235
Breach of Its International Obligations....................
Fisheries Act of 1995....................................... 104-43
Fisheries Amendments of 1982................................ 97-389
Fisherman's Protective Act of 1967.......................... 83-680
Fishery Conservation Amendments of 1990..................... 101-627
Fishery Conservation Zone Transition Act.................... 95-6
Floyd D. Spence National Defense Authorization Act for 106-398
Fiscal Year 2001...........................................
Food, Agriculture, Conservation, and Trade Act of 1990...... 101-624
Food, Agriculture, Conservation, and Trade Act Amendments of 102-237
1991.......................................................
Food and Agriculture Act of 1977............................ 95-113
Food for Progress Act of 1985 (sec. 1110)................... 99-198
Food Security Act of 1985................................... 99-198
Foreign Affairs Agencies Consolidation Act of 1998 (division 105-277
G, subdivision A)..........................................
Foreign Affairs Reform and Restructuring Act of 1998 105-277
(division G)...............................................
Foreign Agents Registration Act Amendments.................. 89-486
Foreign Agents Registration Act of 1938..................... 75-583
Foreign Assistance Act of 1961.............................. 87-195
Foreign Assistance Act of 1962.............................. 87-565
Foreign Assistance Act of 1963.............................. 88-205
Foreign Assistance Act of 1964.............................. 88-633
Foreign Assistance Act of 1965.............................. 89-171
Foreign Assistance Act of 1966.............................. 89-583
Foreign Assistance Act of 1967.............................. 90-137
Foreign Assistance Act of 1968.............................. 90-554
Foreign Assistance Act of 1969, as amended.................. 91-175
Foreign Assistance Act of 1971.............................. 92-226
Foreign Assistance Act of 1973.............................. 93-189
Foreign Assistance Act of 1974.............................. 93-559
Foreign Assistance and Related Programs Appropriations Act, 98-151
1984 (sec. 101(b)(1))......................................
Foreign Corrupt Practices Act Amendments of 1988 (title V, 100-418
subtitle A, part I)........................................
Foreign Corrupt Practices Act of 1977 (title I)............. 95-213
Foreign Debt Reserving Act of 1989 (title IV)............... 101-240
Foreign Direct Investment and International Financial Date 101-533
Improvements Act of 1990...................................
Foreign Gifts and Decorations Act of 1966................... 89-673
Foreign Intelligence Surveillance Act of 1978............... 95-511
Foreign Investment Study Act of 1974........................ 93-479
Foreign Military Sales Act Amendments, 1971................. 91-672
Foreign Missions Act (title II)............................. 97-241
Foreign Missions Amendments Act (title VI).................. 98-164
Foreign Narcotics Kingpin Designation Act (title VIII)...... 106-120
Foreign Operations, Export Financing, and Related Programs 100-202
Appropriations Act, 1988 (sec. 101(e)).....................
Foreign Operations, Export Financing, and Related Programs 100-460
Appropriations Act, 1989...................................
Foreign Operations, Export Financing, and Related Programs 101-167
Appropriations Act, 1990...................................
Foreign Operations, Export Financing, and Related Programs 101-513
Appropriations Act 1991....................................
Foreign Operations, Export Financing, and Related Programs 102-391
Appropriations Act, 1993...................................
Foreign Operations, Export Financing, and Related Programs 103-306
Appropriations Act, 1995...................................
Foreign Operations, Export Financing, and Related Programs 104-208
Supplemental Appropriations Act, 1997 (title I, sec.
101(c))....................................................
Foreign Operations, Export Financing, and Related Programs 106-113
Appropriations Act, 2000 (H.R. 3422, enacted by reference).
Foreign Operations, Export Financing, and Related Programs 106-429
Appropriations Act, 2001...................................
[Kenneth M. Ludden] Foreign Operations, Export Financing and 107-115
Related Programs Appropriations Act, 2002..................
Foreign Operations, Export Financing and Related Programs 108-7
Appropriations Act, 2003 (division E)......................
Foreign Operations, Export Financing, and Related Programs 108-199
Appropriations Act, 2004 (division D)......................
Foreign Operations, Export Financing, and Related Programs 108-447
Appropriations Act, 2005 (division D)......................
Foreign Operations, Export Financing, and Related Programs 109-102
Appropriations Act, 2006...................................
Foreign Relations Authorization Act, Fiscal Year 1976....... 94-141
Foreign Relations Authorization Act, Fiscal Year 1977....... 94-350
Foreign Relations Authorization Act, Fiscal Year 1978....... 95-105
Foreign Relations Authorization Act, Fiscal Year 1979....... 95-426
Foreign Relations Authorization Act, Fiscal Year 2003....... 107-228
Foreign Relations Authorization Act, Fiscal Years 1986 and 99-93
1987.......................................................
Foreign Relations Authorization Act, Fiscal Years 1988 and 100-204
1989.......................................................
Foreign Relations Authorization Act, Fiscal Years 1990 and 101-246
1991.......................................................
Foreign Relations Authorization Act, Fiscal Years 1992 and 102-138
1993.......................................................
Foreign Relations Authorization Act, Fiscal Years 1994 and 103-236
1995.......................................................
Foreign Relations Authorization Act, Fiscal Years 1998 and 105-277
1999 (division G, subdivision B)...........................
Foreign Relations Authorization Act of 1972................. 92-352
Foreign Relations Persian Gulf Conflict Emergency 102-20
Supplemental Authorization Act, Fiscal Year 1991...........
Foreign Service Act of 1980................................. 96-465
Foreign Service Buildings Act, 1926......................... 69-186
Foreign Service Retirement Amendments of 1976 (title V)..... 94-350
Foreign Shipping Practices Act of 1988 (title X)............ 100-418
Foreign Sovereign Immunities Act of 1976.................... 94-583
Forest Resources Conservation and Shortage Relief Act of 101-382
1990 (title IV)............................................
Freedom for Russia and Emerging Eurasian Democracies and 102-511
Open Markets Support Act of 1992 (FREEDOM Support Act).....
Freedom Investment Act of 2002 (division A, title VI, 107-228
subtitle E)................................................
FRIENDSHIP Act.............................................. 103-199
Further Continuing Appropriations, 1985..................... 99-190
General Government Matters, Department of Commerce, and 87-125
Related Agencies Appropriation Act, 1962...................
Generalized System of Preferences Renewal Act of 1984 (title 98-573
V).........................................................
Gerald B.H. Solomon Freedom Consolidation Act of 2002....... 107-187
German-American Day......................................... 103-100
German Democratic Republic Fishery Agreement................ 100-350
Global AIDS and Tuberculosis Relief Act of 2000............. 106-264
Global AIDS Research and Relief Act of 2000 (title I)....... 106-264
Global Anti-Semitism Review Act of 2004..................... 108-332
Global Change Research Act of 1990.......................... 101-606
Global Climate Change Prevention Act of 1990 (title XXIV)... 101-624
Global Climate Protection Act of 1987 (title XI)............ 100-204
Global Environmental Protection Assistance Act of 1989 101-240
(title VII)................................................
Governing International Fishery Agreement With Poland....... 105-384
Governing International Fishery Agreements With Iceland and 98-623
the European Economic Community (title I)..................
Governing International Fishery Agreements With Japan and 97-389
Spain (title IV)...........................................
Great Ape Conservation Act of 2000.......................... 106-411
Haitian Refugee Immigration Fairness Act of 1998 (division 105-277
A, sec. 101(h), title IX)..................................
HELP Commission Act (division B, sec. 637).................. 108-199
Helsinki Human Rights Day................................... 103-294
High Seas Driftnet Fisheries Enforcement Act................ 102-582
High Seas Driftnet Fishing Moratorium Protection Act (title 104-43
VI)........................................................
High Seas Fishing Compliance Act of 1995 (title I).......... 104-43
Higher Education Amendments of 1986......................... 99-498
Holocaust Victims Redress Act............................... 105-158
Horn of Africa Recovery and Food Security Act............... 102-274
Hostage Relief Act of 1980.................................. 96-449
Human Rights, Refugees, and Other Foreign Relations 104-319
Provisions Act of 1996.....................................
Humpback Whales Wildlife Sanctuary (West Indies)............ 99-630
ILSA [Iran and Libya Sanctions Act] Extension Act of 2001... 107-24
Immigration Act of 1990..................................... 101-649
Immigration and Nationality Act............................. 82-414
Immigration Reform and Control Act of 1986.................. 99-603
Implementation of Compact of Free Association With Palau.... 101-219
Implementing Agreement for Vienna Convention on Diplomatic 101-62
Relations..................................................
Implementing Recommendations of the 9/11 Commission 110-53
Concerning Nonproliferation and Terrorism..................
Indochinese Refugee and Resettlement Act of 1987 (sec. 100-202
101(a), title VIII)........................................
Inspector General Act of 1978............................... 95-452
Intelligence Authorization Act for Fiscal Year 1985......... 98-618
Intelligence Authorization Act for Fiscal Year 1996......... 104-93
Intelligence Authorization Act for Fiscal Year 1997......... 104-293
Intelligence Authorization Act for Fiscal Year 1998......... 105-107
Intelligence Authorization Act for Fiscal Year 2000......... 106-120
Intelligence Reform and Terrorism Prevention Act of 2004.... 108-458
Inter-American Development Bank Act......................... 86-147
Inter-American Investment Corporation Act (title II, S. 98-473
2416, enacted by reference)................................
Intercountry Adoption Act of 2000........................... 106-279
International Academic Opportunities Act of 2000 (title III) 106-309
International Anti-Bribery and Fair Competition Act of 1998. 105-366
International Anti-Corrpution and Good Governance Act of 106-309
2000 (title II)............................................
International Arms Sales Code of Conduct Act of 1999 106-113
(subtitle F, title XII, H.R. 3427, enacted by reference)...
International Atomic Energy Agency Participation Act of 1957 85-177
International Carriage of Perishable Foodstuffs Act......... 97-325
International Center Act.................................... 90-553
International Child Abduction Remedies Act.................. 100-300
International Claims Settlement Act of 1949................. 81-455
International Coffee Agreement Act of 1980.................. 96-599
International Communication Agency Authorization for Fiscal 95-426
Year 1979 (title II).......................................
International Communication Agency Authorization Act, Fiscal 96-60
Years 1980 and 1981 (title II).............................
International Cooperation in Global Change Research Act of 101-606
1990 (title II)............................................
International Cooperation to Protect Biological Diversity... 100-530
International Debt Management Act of 1988 (title III, 100-418
subtitle B)................................................
International Development and Finance Act of 1989........... 101-240
International Development and Food Assistance Act of 1975... 94-161
International Development and Food Assistance Act of 1977... 95-88
International Development and Food Assistance Act of 1978... 95-424
International Development Association Act................... 86-565
International Development Cooperation Act of 1979........... 96-53
International Dolphin Conservation Act of 1992.............. 102-523
International Dolphin Conservation Program Act.............. 105-42
International Emergency Economic Powers Act (title II)...... 95-223
International Energy Emergency Authorities: Extension....... 100-373
International Environmental Protection Act of 1983 (title 98-164
VII).......................................................
International Finance Corporation Act....................... 84-350
International Financial Institutions Act.................... 95-118
International Forestry Cooperation Act of 1990 (title VI)... 101-513
International Investment and Trade in Services Survey Act... 94-472
International Lending Supervision Act of 1983 (title IX).... 98-181
International Malaria Control Act (title I)................. 106-570
International Maritime and Port Security Act (title IX)..... 99-399
International Money Laundering Abatement and Financial Anti- 107-56
Terrorism Act of 2001 (title III)..........................
International Narcotics Control Act of 1985 (title VI)...... 99-83
International Narcotics Control Act of 1986 (title II)...... 99-570
International Narcotics Control Act of 1988 (title IV)...... 100-690
International Narcotics Control Act of 1989................. 101-231
International Narcotics Control Act of 1990................. 101-623
International Narcotics Control Corrections Act of 1994..... 103-447
International Natural Rubber Agreement Appropriation 96-271
Authorization for Fiscal Year 1981.........................
International Organizations Immunities Act.................. 79-291
International Parental Kidnapping Crime Act................. 105-173
International Peacekeeping Act of 1992...................... 102-311
International Religious Freedom Act of 1998................. 105-292
International Security and Development Assistance 98-151
Authorization Act of 1983 (sec. 101(b)(2)).................
International Security and Development Cooperation Act of 96-533
1980.......................................................
International Security and Development Cooperation Act of 97-113
1981.......................................................
International Security and Development Cooperation Act of 99-83
1985.......................................................
International Security Assistance Act of 1977............... 95-92
International Security Assistance Act of 1978............... 95-384
International Security Assistance Act of 1979............... 96-92
International Security Assistance and Arms Export Control 94-329
Act of 1976................................................
International Sugar Agreement, 1977, Implementation......... 96-236
International Trade and Investment Act (title III).......... 98-573
International Tuberculosis Control Act of 2000 (title II)... 106-264
Intervention on the High Seas Act........................... 93-248
Iran and Libya Sanctions Act of 1996........................ 104-172
Iran Claims Settlement (title V)............................ 99-93
Iran-Iraq Arms Non-Proliferation Act of 1992 (title XVI).... 102-484
Iran Nonproliferation Act of 2000........................... 106-178
Iran Nonproliferation Amendments Act of 2005................ 109-112
Iran Nuclear Proliferation Prevention Act of 2002 (division 107-228
B, title XIII, subtitle D).................................
Iraq Liberation Act of 1998................................. 105-338
Iraq Sanctions Act of 1990 (secs. 586-586J)................. 101-513
Irish Peace Process Cultural and Training Program Act of 105-319
1998.......................................................
Japan-United States Friendship Act.......................... 94-118
Japanese Imperial Government Disclosure Act of 2000 (title 106-567
VIII)......................................................
Jerusalem Embassy Act of 1995............................... 104-45
Jobs Through Exports Act of 1992............................ 102-549
Jobs Through Trade Expansion Act of 1994.................... 103-392
John Warner National Defense Authorization Act for Fiscal 109-364
Year 2007..................................................
Johnson Act--Financial Transactions With Foreign Governments 80-772
Joint Resolution to Implement the United States Proposal for 94-110
the Early-Warning System in Sinai..........................
Jordan Supplemental Economic Assistance Authorization Act of 99-88
1985 (title IV)............................................
Kenneth M. Ludden Foreign Operations, Export Financing and 107-115
Related Programs Appropriations Act, 2002..................
Latin American Development Act.............................. 86-735
Lebanon Emergency Assistance Act of 1983.................... 98-43
Legislative Branch Appropriation Act, 1961.................. 86-628
Logan Act--Private Correspondence With Foreign Governments.. 80-772
Magnuson-Stevens Fishery Conservation and Management Act of 94-265
1976.......................................................
Marine Mammal Protection Act of 1972........................ 92-522
Marine Turtle Conservation Act of 2004...................... 108-266
Mexican Debt Disclosure Act of 1995 (title IV).............. 104-6
Mexico-United States Interparliamentary Group............... 86-420
Microenterprise for Self-Reliance Act of 2000 (title I)..... 106-309
Microenterprise for Self-Reliance and International Anti- 106-309
Corruption Act of 2000.....................................
Microenterprise Report to Congress.......................... 108-31
Microenterprise Results and Accountability Act of 2004...... 108-484
Micronesian Claims Act of 1971.............................. 92-39
Middle East Peace Facilitation Act of 1993.................. 103-125
Middle East Peace Facilitation Act of 1994 (title V, part E) 103-236
Middle East Peace Commitments Act of 2002 (division A, title 107-228
VI, subtitle A)............................................
Migration and Refugee Assistance Act of 1962................ 87-510
Migratory Bird Treaty Reform Act of 2004 (division E, sec. 108-447
143).......................................................
Mike Mansfield Fellowship Act (title II, part C)............ 103-236
Military Commissions Act of 2006............................ 109-366
Millennium Challenge Act of 2003 (division D, title VI)..... 108-199
Miscellaneous Amendments and Authorization--FYs 1996 and 104-164
1997.......................................................
Miscellaneous Appropriations and Offsets Act, 2005 (division 108-447
J, title I)................................................
Miscellaneous International Affairs Authorization Act of 100-461
1988 (S. 2757, enacted by reference).......................
Miscellaneous Trade and Technical Corrections Act of 1999... 106-36
Miscellaneous Trade and Technical Corrections Act of 2004... 108-429
Missile Defense Act of 1991 (title II, part C).............. 102-190
Most-Favored-Nation Treatment for Cambodia.................. 104-203
Most-Favored-Nation Treatment for People's Republic of 102-158
Bulgaria...................................................
Most-Favored-Nation Treatment for People's Republic of 104-162
Bulgaria...................................................
Most-Favored-Nation Treatment for Czechoslovakia............ 101-541
Most-Favored Nation Treatment for Mongolian People's 102-157
Republic...................................................
Most-Favored-Nation Treatment for Romania................... 104-171
Most-Favored Nation Treatment for the Union of Soviet 102-197
Socialist Republics........................................
Multilateral Development Bank Act of 1985 (sec. 101(i), H.R. 99-190
2253, enacted by reference)................................
Multilateral Development Banks Procurement Act (title III, 100-418
subtitle C)................................................
Multilateral Development Banks: Sense of Congress (title X). 98-181
Multilateral Export Control Enhancement Amendments Act 100-418
(title II, subtitle D, part II)............................
Multilateral Investment Guarantee Agency Act (sec. 101(e), 100-202
H.R. 3570, enacted by reference, title IV).................
Multinational Force and Observers Participation Resolution.. 97-132
Multinational Force in Lebanon Resolution................... 98-119
Mutual Educational and Cultural Exchange Act of 1961........ 87-256
Mutual Security Act of 1954................................. 83-665
Mutual Security Act of 1959................................. 86-108
Mutual Security Act of 1960................................. 86-472
National Academy of Peace and Conflict Resolution (title XV, 95-561
part B)....................................................
National Aeronautics and Space Act of 1958.................. 85-568
National Aeronautics and Space Administration Authorization 94-39
Act, 1976..................................................
National Aeronautics and Space Administration Authorization 100-147
Act of 1988................................................
National Aeronautics and Space Administration Authorization 100-685
Act, Fiscal Year 1989......................................
National Aeronautics and Space Administration Authorization 101-611
Act, Fiscal Year 1991......................................
National Aeronautics and Space Administration Authorization 102-195
Act, Fiscal Year 1992......................................
National Aeronautics and Space Administration Authorization 102-588
Act, Fiscal Year 1993......................................
National and Community Service Act of 1990.................. 101-610
National Critical Materials Act of 1984 (title II).......... 98-373
National Defense Authorization Act, Fiscal Year 1987........ 99-661
National Defense Authorization Act, Fiscal Year 1989........ 100-456
National Defense Authorization Act for Fiscal Years 1988 and 100-180
1989.......................................................
National Defense Authorization Act for Fiscal Years 1990 and 101-189
1991.......................................................
National Defense Authorization Act for Fiscal Year 1991..... 101-510
National Defense Authorization Act for Fiscal Years 1992 and 102-190
1993.......................................................
National Defense Authorization Act for Fiscal Year 1993..... 102-484
National Defense Authorization Act for Fiscal Year 1994..... 103-160
National Defense Authorization Act for Fiscal Year 1995..... 103-337
National Defense Authorization Act for Fiscal Year 1996..... 104-106
National Defense Authorization Act for Fiscal Year 1997..... 104-201
National Defense Authorization Act for Fiscal Year 1998..... 105-85
National Defense Authorization Act for Fiscal Year 1999..... 105-262
National Defense Authorization Act for Fiscal Year 2000..... 106-65
[Floyd D. Spence] National Defense Authorization Act for 106-398
Fiscal Year 2001...........................................
National Defense Authorization Act for Fiscal Year 2002..... 107-107
[Bob Stump] National Defense Authorization Act for Fiscal 107-314
Year 2003..................................................
National Defense Authorization Act for Fiscal Year 2004..... 108-136
[Ronald W. Reagan] National Defense Authorization Act for 108-375
Fiscal Year 2005...........................................
National Defense Authorization Act for Fiscal Year 2006..... 109-163
[John Warner] National Defense Authorization Act for Fiscal 109-364
Year 2007..................................................
National Defense Authorization Act for Fiscal Year 2008..... 110-181
[Duncan Hunter] National Defense Authorization Act for 110-417
Fiscal Year 2009...........................................
National Emergencies Act.................................... 94-412
National Endowment for Democracy Act (title V).............. 98-164
National Former Prisoners of War Recognition Day............ 103-60
National Missile Defense Act of 1999........................ 106-38
National Science Foundation Act of 1950..................... 81-507
National Security and Corporate Fairness under the 106-113
Biological Weapons Convention Act (chapter 2, subtitle A,
title XI, division B, H.R. 3427, enacted by reference).....
National Security Council................................... 80-253
National Shipbuilding and Shipyard Conversion Act of 1993 103-160
(title XIII, subtitle D)...................................
National Space Council Authorization Act of 1990............ 101-328
National Terrorist Asset Trading Center..................... 106-346
NATO Freedom Consolidation Act of 2007...................... 110-17
NATO Participation Act of 1994 (title II)................... 103-447
Naval Vessel Transfer Act of 2008........................... 110-429
Naval Vessels Transfer Act of 2005.......................... 109-134
Nazi War Crimes Disclosure Act.............................. 105-246
Neotropical Migratory Bird Conservation Act................. 106-247
Neutrality Act of 1939...................................... 76-54
Nicaraguan Adjustment and Central American Relief Act (title 105-100
II)........................................................
Nondiscriminatory Treatment Toward Products of Albania...... 102-363
Nondiscriminatory Treatment Toward Products of Romania...... 103-133
Nonproliferation Assistance Coordinationa Act of 2002....... 107-228
Nonindigenous Aquatic Nuisance Prevention and Control Act of 101-646
1990.......................................................
North American Free Trade Agreement Implementation Act...... 103-182
North Atlantic Treaty Organization Mutual Support Act of 96-323
1979.......................................................
North Korea Nonproliferation Act of 2006.................... 109-353
North Korea Threat Reduction Act of 1999 (subtitle B, title 106-113
VIII, division A, H.R. 3427, enacted by reference).........
North Korean Human Rights Act of 2004....................... 108-333
North Pacific Anadromous Stocks Act of 1992 (title VIII).... 102-567
North Pacific Anadromous Stocks Convention Act of 1992 102-587
(title VIII)...............................................
Northern Uganda Crisis Response Act......................... 108-283
Northwest Atlantic Fisheries Convention Act of 1995 (title 104-43
II)........................................................
Nuclear Non-Proliferation Act of 1978....................... 95-242
Nuclear Non-Proliferation Act of 1978--Agreements for 96-280
Cooperation................................................
Nuclear Proliferation Prevention Act of 1994 (title VIII)... 103-236
Nuclear Security Initiative Act of 2003 (title XXXVI)....... 108-136
Nuclear Waste Policy Act of 1982............................ 97-425
Oceans Act of 1992.......................................... 102-587
Oceans Act of 2000.......................................... 106-256
Office of National Drug Control Policy Reauthorization Act 105-277
of 1998 (division C, title VII)............................
Oil Pollution Act of 1990................................... 101-380
Omnibus Appropriations Act, 2009............................ 111-8
Omnibus Consolidated and Emergency Supplemental 105-277
Appropriations Act for Fiscal Year 1999....................
Omnibus Consolidated Appropriations for Fiscal Year 1997.... 104-208
Omnibus Diplomatic Security and Antiterrorism Act of 1986... 99-399
Omnibus Insular Areas Act of 1992........................... 102-247
Omnibus Trade and Competitiveness Act of 1988............... 100-418
Operation Desert Shield/Desert Storm Supplemental 102-28
Appropriations Act, 1991...................................
Overseas Private Investment Corporation Amendments Act of 100-461
1988 (H.R. 5263, enacted by reference).....................
Pacific Charter Commission Act of 2000 (title IV)........... 106-570
Pacific Salmon Treaty Act of 1985........................... 99-5
Passport Services Enhancement Act of 2005................... 109-167
Paul D. Coverdell Fellows Program Act of 2000 (sec. 408).... 106-309
Paul D. Coverdell World Wise Schools Act of 2000 (title VI). 106-570
Panama Canal Act of 1979.................................... 96-70
Panama Canal Act Amendments of 1996......................... 104-201
Panama Canal Commission Authorization Act for Fiscal Year 101-189
1990 (title XXXV)..........................................
Panama Canal Commission Authorization Act for Fiscal Year 101-510
1991 (title XXXV)..........................................
Panama Canal Commission Authorization Act for Fiscal Year 102-190
1992 (title XXXV)..........................................
Panama Canal Commission Authorization Act for Fiscal Year 102-484
1993 (title XXXV)..........................................
Panama Canal Commission Authorization Act for Fiscal Year 103-160
1994 (title XXXV)..........................................
Panama Canal Commission Authorization Act for Fiscal Year 103-337
1995 (title XXXVI).........................................
Panama Canal Commission Authorization Act for Fiscal Year 104-106
1996 (title XXXV)..........................................
Panama Canal Commission Authorization Act for Fiscal Year 104-201
1997 (title XXXV)..........................................
Panama Canal Commission Authorization Act for Fiscal Year 105-85
1998 (title XXXV)..........................................
Panama Canal Commission Authorization Act for Fiscal Year 105-261
1999 (title XXXV)..........................................
Panama Canal Commission Authorization Act for Fiscal Year 106-65
2000 (title XXXV)..........................................
Par Value Modification Act.................................. 92-268
Par Value Modification Act--Foreign Currency Reports (title 93-110
II)........................................................
Peace Corps Act............................................. 87-293
Peace Corps Act Amendments.................................. 89-134
Peace Corps Authorization for Fiscal Years 1986 and 1987 99-83
(title XI).................................................
Peace Corps Authorization for Fiscal Year 1993.............. 102-565
Peace Corps Reauthorization................................. 106-30
Peace Process in Liberia.................................... 102-270
Persian Gulf Conflict Supplemental Authorization and 102-25
Personnel Benefits Act of 1991.............................
Persian Gulf POW/MIA Accountability Act of 2002............. 107-258
Pesticide Monitoring Improvements Act of 1988 (title IV, 100-418
subtitle G)................................................
PLO Commitments Compliance Act of 1989 (title VIII)......... 101-246
President's Emergency Food Assistance Act of 1984 (title 98-473
III).......................................................
Prevention of Child Abduction Partnership Act............... 108-370
Primary Dealers Act of 1988 (title III, subtitle F)......... 100-418
Proliferation Prevention Enhancement Act of 1999 (subtitle 106-113
E, title XII, H.R. 3427, enacted by reference).............
Protection and Reduction of Government Secrecy Act (title 103-236
IX)........................................................
Protection of Antarctica.................................... 101-620
Protection of Foreign Missions.............................. 97-418
Providing for Increased Participation by the United States 96-259
in the Inter-American and Asian Development Banks and
African Development Fund...................................
Quincentenary of Voyage of Christopher Columbus............. 102-472
R.M.S. Titanic Maritime Memorial Act of 1986................ 99-513
Radio Broadcasting to Cuba Act.............................. 98-111
Radio Free Afghanistan...................................... 107-148
Radio Free Asia Act of 1998 (title XXXIX)................... 105-261
Reaffirming North Atlantic Alliance--United States 96-9
Commitment.................................................
Reaffirming the Unity of the North Atlantic Alliance 95-287
Commitment.................................................
Records Relating to Nazi Warm Crimes........................ 104-309
Refugee Act of 1980......................................... 96-212
Refugee Education Assistance Act of 1980.................... 96-422
Release of USIA Materials to Museums........................ 99-475
Release of USIA Materials: ``Fragile Ring of Life''......... 104-161
Release of USIA Materials: VOA, Radio Marti Recordings...... 104-269
Renewal of Import Restrictions--Burmese Freedom and 109-39
Democracy Act of 2003......................................
Research and Training for Eastern Europe and the Independent 98-164
States of the Former Soviet Union Act of 1983 (title VIII).
Resolution To Promote Peace and Stability in the Middle East 85-7
Rhinoceros and Tiger Conservation Act of 1994............... 103-391
Rhinoceros and Tiger Conservation Act of 1998............... 105-312
Rhinoceros and Tiger Conservation Reauthorization Act of 107-112
2001.......................................................
Rio Grande American Canal Extension Act of 1990............. 101-438
Rio Grande Pollution Correction Act of 1987................. 100-465
Ronald W. Reagan National Defense Authorization Act for 108-375
Fiscal Year 2005...........................................
Russian Democracy Act of 2002............................... 107-246
Russian Federation Debt for Nonproliferation Act of 2002 107-228
(division B, title XIII, subtitle B).......................
Ryukyu Islands Claims Settlement Act........................ 89-296
Sales of Arms to Jordan..................................... 99-162
Science, State, Justice, Commerce, and Related Agencies 109-108
Appropriations Act, 2006...................................
Sea of Okhotsk Fisheries Enforcement Act of 1995 (title V).. 104-43
Secret Service Authorization and Technical Modification Act 109-177
of 2005....................................................
Secure Embassy Construction and Counterterrorism Act of 1999 106-113
(title VI, division A, H.R. 3427, enacted by reference)....
Security Assistance Act of 1999 (title XII, H.R. 3427, 106-113
enacted by reference)......................................
Security Assistance Act of 2000............................. 106-280
Security Assistance Act of 2002 (division B)................ 107-228
Senator Paul Simon Water for the Poor Act of 2005........... 109-121
Shark Finning Prohibition Act............................... 106-557
Silk Road Strategy Act of 1999 (sec. 596, H.R. 3422, enacted 106-113
by reference)..............................................
Small Business International Trade and Competitiveness Act 100-418
(title VII)................................................
South African Democratic Transition Support Act of 1993..... 103-149
South Pacific Tuna Act of 1988.............................. 100-330
Soviet Nuclear Threat Reduction Act of 1991 (title II)...... 102-228
Soviet Scientists Immigration Act of 1992................... 102-509
Special Drawing Rights Act.................................. 90-349
Special Foreign Assistance Act of 1971...................... 91-652
Special Foreign Assistance Act of 1986...................... 99-529
Special International Security Assistance Act of 1979....... 96-35
Spoils of War Act of 1994 (title V, part B)................. 103-236
State Department Basic Authorities Act of 1956.............. 84-885
State Department/USIA Authorization Act, Fiscal Year 1975... 93-475
Steel Import Stabilization Act (title VIII)................. 98-573
Strategic and Critical Materials Transaction Authorization 96-175
Act of 1979................................................
Striped Bass Conservation, Atlantic Coastal Fisheries 106-555
Management and Marine Mammal Rescue Assistance Act of 2000.
Strom Thurmond National Defense Authorization Act for Fiscal 105-261
Year 1999..................................................
Sudan Peace Act............................................. 107-245
Supplemental Appropriations Act of 1993..................... 103-50
Supplemental Appropriations Act, 1984....................... 98-181
Supplemental Appropriations Act, 1985....................... 99-88
Support for East European Democracy (SEED) Act of 1989...... 101-179
Support for Overseas Cooperative Development Act (sec. 401). 106-309
Survival Assistance for Victims of Civil Strife in Central 101-215
America....................................................
Sustainable Fisheries Act................................... 104-297
Syria Accountability and Lebanese Sovereignty Restoration 108-175
Act of 2003................................................
Taiwan's Participation in the World Health Organization..... 108-235
Taiwan's Participation in the World Health Organization..... 108-28
Taiwan Relations Act........................................ 96-8
Tariff Act of 1930.......................................... 71-361
Tariff Suspension and Trade Act of 2000..................... 106-476
Telecommunications Trade Act of 1988 (title I, subtitle C, 100-418
part 4)....................................................
Termination of Trade Restrictions to Czechoslovakia and 102-182
Hungary....................................................
Terrorist Bombings Covnention Implementation Act of 2002.... 107-197
Tibetan Policy Act 2002 (division A, title VI, subtitle B).. 107-228
To Provide Certain Authorities for the Department of State.. 109-140
To Provide for an Investigation of the Whereabouts of U.S. 103-372
Citizens Missing From Cyprus Since 1974....................
Tonkin Gulf Resolution...................................... 88-408
Torture Victim Protection Act of 1991....................... 102-256
Torture Victims Relief Reauthorization Act of 1999.......... 106-87
Torture Victims Relief Reauthorization Act of 2005.......... 109-165
Tourism Policy and Export Promotion Act of 1992............. 102-372
Trade Act of 1974........................................... 93-618
Trade Act of 2002........................................... 107-210
Trade Agreements Act of 1979................................ 96-39
Trade and Development Act of 2000........................... 106-200
Trade and Development Enhancement Act of 1983 (title VI, 98-181
part C)....................................................
Trade and Tariff Act of 1984................................ 98-573
Trade Deficit Review Commission Act (division A, sec. 127).. 105-277
Trade Expansion Act of 1962................................. 87-794
Trade Sanctions Reform and Export Enhancement Act of 2000 106-387
(title IX).................................................
Trading With the Enemy Act.................................. 65-91
Trafficking Victims Protection Act of 2000 (division A)..... 106-386
Trafficking Victims Protection Reauthorization Act of 2005.. 109-164
Trans-Alaska Pipeline Authorization Act..................... 93-153
Transfer of Items To War Reserves Stockpile for Allies, 109-159
Korea......................................................
Tropical Forest Conservation Act of 1998 (part V)........... 87-195
Tropical Forest Conservation Act Reauthorization............ 108-323
Trust Territory of the Pacific Islands Act.................. 92-257
Tuna Conventions Act of 1950................................ 81-764
United Nations Environment Program Participation Act of 1973 93-188
United Nations Headquarters Agreement Act................... 80-357
United Nations Participation Act of 1945.................... 79-264
United Nations Reform Act of 1998 (division F, subdivision 105-277
C).........................................................
United Nations Reform Act of 1999 (title IX, division A, 106-113
H.R. 3427, enacted by reference)...........................
United States Additional Protocol Implementation Act........ 109-401
United States-Australia Free Trade Agreement Implementation 108-286
Act........................................................
United States-Canada Free Trade Agreement Implementation Act 100-449
of 1988....................................................
United States-Chile Free Trade Agreement Implementation Act. 108-77
United States Government Opposition to the Practice of 98-447
Torture....................................................
United States Group of the North Atlantic Treaty 84-689
Parliamentary Conferences--Participation Resolution........
United States-Hong Kong Policy Act of 1992.................. 102-383
United States-India Fund for Cultural, Educational, and 98-164
Scientific Cooperation Act (title IX)......................
United States-India Nuclear Cooperation Approval and 110-369
Nonproliferation Enhancement Act...........................
United States Information Agency Authorization for Fiscal 94-350
Year 1977 (title II).......................................
United States Information Agency Authorization for Fiscal 95-105
Year 1978 (title II).......................................
United States Information Agency Authorization Act, Fiscal 97-241
Years 1982 and 1983 (title III)............................
United States Information Agency Authorization Act, Fiscal 98-164
Years 1984 and 1985 (title II).............................
United States Information Agency Authorization Act, Fiscal 99-93
Years 1986 and 1987 (title II).............................
United States Information Agency Authorization Act, Fiscal 100-204
Years 1988 and 1989 (title II).............................
United States Information and Educational Exchange Act of 80-402
1948.......................................................
United States Institute for Peace Act (title XVII).......... 98-525
United States International Broadcasting Act of 1994 (title 103-236
III).......................................................
United States-Bahrain Free Trade Agreement Implementation 109-169
Act........................................................
United States-Israel Free Trade Area Implementation Act of 99-47
1985.......................................................
United States-Japan Fishery Agreement Approval Act of 1987.. 100-220
United States-Jordan Free Trade Area Implementation Act..... 107-43
United States-Korea Fishery Agreement....................... 100-66
United States Leadership Against HIV/AIDS, Tuberculosis, and 108-25
Malaria Act of 2003........................................
United States-Macau Policy Act of 2000 (title II)........... 106-570
United States-Morocco Free Trade Agreement Implementation 108-302
Act........................................................
United States Policy in Iraq Act (section 1227)............. 109-163
United States Policy Toward Haiti........................... 103-423
United States Recognition and Participation in International 91-269
Expositions................................................
United States Scholarship Program for Developing Countries 99-93
Authorization, Fiscal Years 1986 & 1987 (title VI).........
Uniting and Strengthening America By Providing Appropriate 107-56
Tools Required To Intercept and Obstruct Terrorism (USA
PATRIOT ACT) Act of 2001...................................
Urgent Assistance for Democracy in Panama Act of 1990....... 101-243
Uruguay Rounds Agreements Act............................... 103-465
U.S.-China Relations Act of 2000............................ 106-286
U.S. Holocaust Assets Commission Act of 1998................ 105-186
U.S.-U.S.S.R. Fishing Agreement............................. 100-629
USA PATRIOT Improvement and Reauthorization Act of 2005..... 109-177
Victims of Terrorism Compensation Act (title VIII).......... 99-399
Victims of Trafficking and Violence Protection Act of 2000.. 106-386
Vietnam Education Foundation Act of 2000 (title II)......... 106-554
Visa for Officials of Taiwan................................ 103-416
War Powers Resolution....................................... 93-148
Weapons of Mass Destruction Control Act of 1992 (title XV).. 102-484
Western Hemisphere Drug Elimination Act (division C, title 105-277
VIII)......................................................
Western Hemisphere Drug Elimination Technical Corrections 106-35
Act........................................................
Whaling Convention Act of 1949.............................. 81-676
Wild Bird Conservation Act of 1992.......................... 102-440
William Wilberforce Trafficking Victims Protection 110-457
Reauthorization Act of 2008................................
Wine Equity and Export Expansion Act of 1984 (title IX)..... 98-573
Withdrawal of MFN From Serbia and Montenegro................ 102-420
World Food Day.............................................. 103-108
Yukon River Salmon Act of 1995 (title VII).................. 104-43
Yukon River Salmon Act of 2000.............................. 106-450
Zimbabwe Democracy and Economic Recovery Act of 2001........ 107-99
------------------------------------------------------------------------
USE OF THE INDEX
---------- _
The index is organized by subject matter only. Each subject
entry also includes the legal citation indicating the document
to which it refers. These legal citations were not chosen on
the basis of standard legal citation form, but rather for the
amount of information they provided and for convenience in
producing a computer-printed index.
Page references, wherever possible, indicate the exact page
on which mention of the entry is made. Entries of a more
general nature that refer to a large section or to an entire
document are listed with the page on which the reference
begins.
I N D E X
---------- _
A
Abduction, child. See Child
abduction, international
ACDA. See Arms Control and
Disarmament Act
Admiral James W. Nance and Meg
Donovan Foreign Relations
Authorization Act, FY 2000 and
2001. See Arms Control and
Nonproliferation Act of 1999;
National Security and Corporate
Fairness under the Biological
Weapons Convention Act;
Proliferation Prevention
Enhancement Act of 1999; United
Nations Reform Act of 1999
Adoption
Intercountry Adoption Act of 2000 PL 106-279............ 1017
African Union
Immunities, exemptions and PL 79-291 Sec 11...... 860
privileges.
AIDS. See Global Fund to Fight
AIDS, Tuberculosis and Malaria
Albania
Designation as eligible to PL 110-17 Sec 4....... 814
receive NATO assistance.
Ambassadors
Panama Canal authority........... PL 96-70 Sec 1110..... 867
American Institute in Taiwan
Appropriations authorization, PL 96-8 Sec 16........ 846
1980.
Congressional oversight.......... PL 96-8 Sec 14........ 845
Definitions...................... PL 96-8 Sec 15........ 845
Furnishing property and services PL 96-8 Sec 9......... 842
and obtaining services from.
Reporting requirement............ PL 96-8 Sec 12........ 844
Rules and regulations............ PL 96-8 Sec 13........ 845
Separation of government PL 96-8 Sec 11........ 843
personnel for employment.
Services to U.S. citizens on PL 96-8 Sec 7......... 841
Taiwan.
Severability of provisions....... PL 96-8 Sec 17........ 846
Taiwan instrumentality........... PL 96-8 Sec 10........ 842
Tax exempt status................ PL 96-8 Sec 8......... 841
U.S. policy...................... PL 96-8 Sec 6......... 841
American Institute in Taiwan
Facilities Enhancement Act
Appropriations authorization..... PL 106-212 Sec 3...... 850
Findings......................... PL 106-212 Sec 2...... 850
American Servicemembers' Protection PL 107-206............ 783
Act of 2002.
Alliance command arrangements.... PL 107-206 Sec 2009... 791
Assistance to international PL 107-206 Sec 2015... 794
efforts.
Constitutional authorities PL 107-206 Sec 2011... 791
exercise.
Definitions...................... PL 107-206 Sec 2013... 792
Findings......................... PL 107-206 Sec 2002... 783
International Criminal Court
Authority to free members of PL 107-206 Sec 2008... 790
the United States Armed Forces
detained or imprisoned by.
American Servicemembers' Protection
Act of 2002--Continued
International Criminal Court--
Continued
Prohibition on cooperation..... PL 107-206 Sec 2004... 787
Prohibition on transfer of PL 107-206 Sec 2006... 789
classified national security
information.
Nondelegation.................... PL 107-206 Sec 2012... 792
Restriction on U.S. participation PL 107-206 Sec 2005... 788
in certain U.N. peacekeeping
operations.
Waiver and termination of PL 107-206 Sec 2003... 785
prohibitions.
Withholdings..................... PL 107-206 Sec 2010... 791
Antipersonnel landmines
Moratorium on use by Armed PL 104-106 Sec 1402... 637
Forces, report.
PL 105-85 Sec 1309.... 622
Armed Forces in Somalia
Policy........................... PL 103-160 Sec 1512... 774
Arms control. See also Biological
weapons; Chemical weapons;
Cooperative Threat Reduction;
National Defense Authorization
Acts; Nuclear weapons; Weapons of
mass destruction
Administration of proliferation EO 12851.............. 361
sanctions.
Arrow Tactical Anti-Missile EO 12851 Sec 5........ 363
Program.
Chemical and biological weapons EO 12851 Sec 1........ 361
China, report.................. EO 12851 Sec 4........ 363
Delegations.................... EO 12851 Sec 6........ 364
Middle East.................... EO 12851 Sec 3........ 363
Missiles....................... EO 12851 Sec 2........ 362
Priority....................... EO 12851 Sec 7........ 364
Agreement between the United EO 13458.............. 379
States and the IAEA for
application of safeguards.
Atomic Energy Act of 1954........ PL 83-703............. 405
Byproduct material
Authorities of the Atomic PL 83-703 Sec 84...... 427
Energy Commission.
Domestic distribution........ PL 83-703 Sec 81...... 423
Foreign distribution......... PL 83-703 Sec 82...... 424
Ownership and custody of PL 83-703 Sec 83...... 425
material and disposal sites.
Declaration.................... PL 83-703 Sec 1....... 407
Definitions.................... PL 83-703 Sec 11...... 409
Findings....................... PL 83-703 Sec 2....... 407
Information control
Classification and PL 83-703 Sec 142..... 464
declassification of
restricted data.
Department of Defense PL 83-703 Sec 143..... 465
participation.
Dissemination of unclassified PL 83-703 Sec 148..... 470
information prohibition.
Fingerprinting for criminal PL 83-703 Sec 149..... 472
history record checks.
International cooperation in PL 83-703 Sec 144..... 465
information control.
Policy....................... PL 83-703 Sec 141..... 464
Restrictions................. PL 83-703 Sec 145..... 468
Safeguards................... PL 83-703 Sec 147..... 468
International activities
Authority to suspend nuclear PL 83-703 Sec 132..... 460
cooperation.
Conduct resulting in PL 83-703 Sec 129..... 448
termination of nuclear
exports.
Congressional review PL 83-703 Sec 130..... 451
procedures.
Arms control--Continued
Atomic Energy Act of 1954--
Continued
International activities--
Continued
Consultation with Department PL 83-703 Sec 133..... 460
of Defense concerning
exports.
Cooperation with Berlin...... PL 83-703 Sec 125..... 441
Cooperation with other PL 83-703 Sec 123..... 435
nations.
Criteria governing U.S. PL 83-703 Sec 127..... 446
nuclear exports.
Effect of arrangements....... PL 83-703 Sec 121..... 123
Export licensing procedures.. PL 83-703 Sec 126..... 441
Export restrictions.......... PL 83-703 Sec 134..... 460
International atomic pool.... PL 83-703 Sec 124..... 441
Nuclear export procedures.... PL 83-703 Sec 128..... 447
Policies..................... PL 83-703 Sec 122..... 435
Subsequent international PL 83-703 Sec 131..... 454
arrangements.
Joint Committee on Atomic
Energy
Abolishment of............... PL 83-703 Sec 301..... 474
Information and assistance to PL 83-703 Sec 303..... 475
congressional committees.
Transfer of functions repeal. PL 83-703 Sec 302..... 475
Licenses
Commercial................... PL 83-703 Sec 103..... 431
Medical therapy and research PL 83-703 Sec 104..... 433
and development.
Nuclear Regulatory Commission PL 83-703 Sec 111..... 434
authority.
Requirements................. PL 83-703 Sec 101..... 431
Utilization and production PL 83-703 Sec 102..... 431
facilities.
...................... 434
Military application of atomic
energy
Authorization................ PL 83-703 Sec 91...... 428
Prohibition.................. PL 83-703 Sec 92...... 430
Purpose........................ PL 83-703 Sec 3....... 408
Source material
Determinations............... PL 83-703 Sec 61...... 422
Foreign distribution......... PL 83-703 Sec 64...... 422
License for transfers PL 83-703 Sec 62...... 422
required.
Prohibition.................. PL 83-703 Sec 69...... 423
Special nuclear material
Acquisition.................. PL 83-703 Sec 55...... 418
Determinations............... PL 83-703 Sec 51...... 416
Foreign distribution......... PL 83-703 Sec 54...... 416
Guaranteed purchase prices... PL 83-703 Sec 56...... 419
Prohibition.................. PL 83-703 Sec 57...... 419
Review....................... PL 83-703 Sec 58...... 421
Chemical and Biological Weapons PL 102-182............ 349
Control and Warfare Elimination
Act of 1991.
Determinations regarding use of PL 102-182 Sec 306.... 351
weapons.
Duplicative provisions repeal.. PL 102-182 Sec 309.... 357
Export controls................ PL 102-182 Sec 304.... 351
Multilateral efforts........... PL 102-182 Sec 303.... 350
Purposes....................... PL 102-182 Sec 302.... 349
Sanctions against use of PL 102-182 Sec 307.... 353
weapons.
Chemical Weapons Convention EO 13128.............. 371
implementation.
Chemical Weapons Convention PL 105-277............ 262
Implementation Act of 1998.
Civil actions.................. PL 105-277 Sec 502(b). 293
Civil liability of the United PL 105-277 Sec 103.... 267
States.
Confidentiality of information. PL 105-277 Sec 404.... 290
Constitutional rights, no PL 105-277 Sec 102.... 267
abridgement of.
Arms control--Continued
Chemical Weapons Convention
Implementation Act of 1998--
Continued
Criminal and civil penalties... PL 105-277 Sec 201.... 273
Criminal forfeitures........... PL 105-277 Sec 201.... 275
Definitions.................... PL 105-277 Sec 3...... 263
PL 105-277 Sec 201.... 277
Destruction of weapons......... PL 105-277 Sec 201.... 276
Enforcement jurisdiction....... PL 105-277 Sec 502(a). 293
Expedited judicial review...... PL 105-277 Sec 503.... 294
Export privileges revocation... PL 105-277 Sec 211.... 279
Individual self-defense devices PL 105-277 Sec 201.... 276
Injunctions.................... PL 105-277 Sec 201.... 276
Inspections
Authorization................ PL 105-277 Sec 303.... 280
Definitions.................. PL 105-277 Sec 301.... 279
Facility agreements with PL 105-277 Sec 302.... 279
regard to inspections.
Low concentrations of PL 105-277 Sec 402.... 289
schedule 2 and 3 chemicals
prohibition.
Military assistance requests PL 105-277 Sec 201.... 277
to enforce prohibition.
National security exception.. PL 105-277 Sec 307.... 287
Procedures................... PL 105-277 Sec 304.... 281
Prohibited acts.............. PL 105-277 Sec 306.... 287
Report....................... PL 105-277 Sec 309.... 287
U.S. assistance at private PL 105-277 Sec 310.... 288
facilities.
Warrants..................... PL 105-277 Sec 305.... 283
Penalties...................... PL 105-277 Sec 201.... 274
PL 105-277 Sec 501.... 292
Prohibited activities.......... PL 105-277 Sec 201.... 274
Prohibitions................... PL 105-277 Sec 602.... 294
Recordkeeping violations....... PL 105-277 Sec 405.... 291
United States National
Authority
Designation.................. PL 105-277 Sec 101.... 267
Reports requirement.......... PL 105-277 Sec 401.... 288
Unscheduled discrete organic PL 105-277 Sec 403.... 290
chemicals and byproducts in
waste streams prohibition.
Combatting Proliferation of PL 104-293............ 300
Weapons of Mass Destruction Act
of 1996.
Commission
Duties of.................... PL 104-293 Sec 712.... 302
Establishment of............. PL 104-293 Sec 711.... 300
Payment of expenses.......... PL 104-293 Sec 717.... 305
Personnel matters............ PL 104-293 Sec 714.... 304
Powers of.................... PL 104-293 Sec 713.... 303
Termination of............... PL 104-293 Sec 715.... 305
Contributions of foreign PL 104-293 Sec 722.... 306
persons to efforts of
countries of concern, report.
Definition..................... PL 104-293 Sec 716.... 305
Technology acquisition, reports PL 104-293 Sec 721.... 305
Defense Against Weapons of Mass PL 104-201............ 308
Destruction Act of 1996.
Allocation transfers among PL 104-201 Sec 1452... 322
cooperative threat reduction
programs.
Assistance to states of former PL 104-201 Sec 1453... 323
Soviet Union, sense of
Congress.
Chemical, biological, PL 104-201 Sec 1414... 313
radiological, nuclear and high-
yield explosives response team.
Comprehensive preparedness PL 104-201 Sec 1443... 321
program.
Contracting policy, sense of PL 104-201 Sec 1451... 322
Congress.
Arms control--Continued
Defense Against Weapons of Mass
Destruction Act of 1996--
Continued
Criminal penalties, sense of PL 104-201 Sec 1423... 317
Congress.
Definitions.................... PL 104-201 Sec 1403... 311
Detection equipment procurement PL 104-201 Sec 1421... 317
for U.S. border security.
Emergency preparedness for PL 104-201 Sec 1415... 313
nuclear, radiological,
chemical and biological
weapons.
Findings....................... PL 104-201 Sec 1402... 309
International border security.. PL 104-201 Sec 1424... 318
Military assistance to civilian PL 104-201 Sec 1416... 315
law enforcement officials in
emergency situations.
National Coordinator for PL 104-201 Sec 1441... 319
Nonproliferation Matters.
National Security Council PL 104-201 Sec 1442... 320
Committee on Nonproliferation.
Nuclear, chemical and PL 104-201 Sec 1413... 312
biological emergency response.
Plutonium production PL 104-201 Sec 1432... 318
elimination.
Policy termination............. PL 104-201 Sec 1444... 322
Purchase, packaging and PL 104-201 Sec 1455... 323
transportation of fissile
materials at risk of theft.
Purchase of low-enriched PL 104-201 Sec 1454... 323
uranium derived from Russian
highly enriched uranium.
Rapid response information PL 104-201 Sec 1417... 316
system.
Response to threats of PL 104-201 Sec 1411... 311
terrorist incidents.
Defense Against Weapons of Mass PL 105-261............ 296
Destruction Act of 1998.
Advisory panel to assess PL 105-261 Sec 1405... 297
domestic response capabilities.
Domestic preparedness for PL 105-261 Sec 1402... 296
response to threats of
terrorist use of weapons.
Threat and risk assessments.... PL 105-261 Sec 1404... 297
Department of Defense PL 98-525............. 716
Authorization Act, FY 1985.
Biological and chemical weapon PL 98-525 Sec 1109.... 720
verification programs, sense
of Congress.
Nuclear risk reduction centers PL 98-525 Sec 1108.... 719
establishment in the United
States and Soviet Union, sense
of Congress.
Nuclear winter findings and PL 98-525 Sec 1107.... 718
policy implications, report.
Soviet compliance with arms PL 98-525 Sec 1106.... 718
control agreements, report.
Strategic nuclear submarine PL 98-525 Sec 1101.... 716
force, report.
Tactical nuclear warheads PL 98-525 Sec 1104.... 717
withdrawal from Europe, report.
Theater nuclear weapons and PL 98-525 Sec 1103.... 716
force structure, report.
Treaties to prevent nuclear PL 98-525 Sec 1111.... 723
testing policy.
U.S. counterforce capability, PL 98-525 Sec 1105.... 717
report.
U.S. pursuit of outstanding PL 98-525 Sec 1110.... 721
arms control compliance, sense
of Congress.
Arms control--Continued
Department of Defense PL 99-145............. 711
Authorization Act, FY 1986.
Arms control verification PL 99-145 Sec 1003.... 713
capabilities, study.
Compliance with existing PL 99-145 Sec 1001.... 711
strategic offensive arms
agreements policy.
Exchange of high-ranking PL 99-145 Sec 1005.... 714
military and civilian
personnel with the Soviet
Union pilot program.
Nuclear winter findings and PL 99-145 Sec 1006.... 714
policy implications, report.
United States-Soviet PL 99-145 Sec 1004.... 714
negotiations on reduction in
nuclear arms, sense of
Congress.
Department of Defense PL 99-661............. 707
Authorization Act, FY 1987.
Chairman of the Joint Chiefs of PL 99-661 Sec 1003.... 708
Staff on non-compliance with
strategic arms agreements,
report.
Nuclear risk reduction centers PL 99-661 Sec 1004.... 709
support, sense of Congress.
Nuclear testing, sense of PL 99-661 Sec 1002.... 707
Congress.
SALT II compliance, sense of PL 99-661 Sec 1001.... 707
Congress.
Department of Energy Act of 1978,
Civilian Applications
Reports........................ PL 95-238 Sec 203..... 403
PL 95-238 Sec 208..... 403
Enrichment Oversight Committee... EO 13085.............. 510
Domestic enrichment services... EO 13085 Sec 6........ 512
Establishment.................. EO 13085 Sec 1........ 510
Foreign ownership, control or EO 13085 Sec 5........ 511
influence.
HEU Agreement oversight........ EO 13085 Sec 4........ 511
Nuclear Regulatory Commission EO 13085 Sec 7........ 512
coordination.
Objectives..................... EO 13085 Sec 2........ 510
Organization................... EO 13085 Sec 3........ 510
EURATOM Cooperation Act of 1958.. PL 85-846............. 514
Appropriations authorization... PL 85-846 Sec 3....... 514
PL 85-846 Sec 4....... 515
Definitions.................... PL 85-846 Sec 2....... 514
Liability...................... PL 85-846 Sec 7....... 517
Purchase authority............. PL 85-846 Sec 6....... 516
Sale or lease authority........ PL 85-846 Sec 5....... 516
Former Soviet Union
Demilitarization Act of 1992
Administration of programs..... PL 102-484 Sec 1421... 164
Authorization of programs...... PL 102-484 Sec 1412... 162
Findings....................... PL 102-484 Sec 1411... 161
FREEDOM Support Act
Appropriate congressional PL 102-511 Sec 508(c). 155
committees defined.
Defense conversion authorities PL 102-511 Sec 505.... 153
funding limitations.
Eligibility for funds.......... PL 102-511 Sec 502.... 150
Findings....................... PL 102-511 Sec 501.... 149
Funding authorization.......... PL 102-511 Sec 504.... 152
Funding provisions waiver...... PL 102-511 Sec 507.... 154
International Nonproliferation PL 102-511 Sec 509.... 155
Initiative.
Notice of proposed obligations. PL 102-511 Sec 508(a). 154
Report to Congress............. PL 102-511 Sec 508(b). 155
Research and Development PL 102-511 Sec 511.... 158
Foundation.
Arms control--Continued
FREEDOM Support Act--Continued
Soviet weapons destruction..... PL 102-511 Sec 506.... 153
Special nuclear materials, PL 102-511 Sec 510.... 158
report.
States of the former Soviet PL 102-511 Sec 503.... 150
Union.
Herbicides and riot control EO 11850.............. 359
agents, renunciation of war use.
Highly enriched uranium extracted EO 13159.............. 373
from nuclear weapons, blocking
property of the Russian
Federation government related to
disposition.
International Atomic Energy
Agency cooperation
Authority to carry out EO 10841.............. 528
provisions of the Atomic
Energy Act of 1954.
Authorization for communication EO 10899.............. 527
of restricted data by Central
Intelligence Agency.
Authorization for communication EO 11057.............. 526
of restricted data by
Department of State.
International Atomic Energy PL 85-177............. 521
Agency Participation Act of 1957.
Appointments................... PL 85-177 Sec 2....... 521
Appropriations authorization... PL 85-177 Sec 5....... 523
Authority...................... PL 85-177 Sec 4....... 523
Federal employees.............. PL 85-177 Sec 6....... 523
Senate advise and consent PL 85-177 Sec 8....... 524
refusal.
U.S. participation............. PL 85-177 Sec 3....... 522
Iran, North Korea and Syria PL 106-178............ 238
Nonproliferation Act.
Application of measures to PL 106-178 Sec 3...... 240
certain foreign persons.
Definitions.................... PL 106-178 Sec 7...... 247
Exemption from measures........ PL 106-178 Sec 5...... 242
International Space Station PL 106-178 Sec 6...... 244
restriction on extraordinary
payments.
Procedures if measures are not PL 106-178 Sec 4...... 242
applied.
Reports........................ PL 106-178 Sec 2...... 239
Iran-Iraq Arms Nonproliferation PL 102-484............ 344
Act of 1992.
Application to Iran of certain PL 102-484 Sec 1603... 345
Iraq sanctions.
Definitions.................... PL 102-484 Sec 1608... 347
Policy......................... PL 102-484 Sec 1602... 344
Reporting requirements......... PL 102-484 Sec 1607... 347
Sanctions
Against foreign countries.... PL 102-484 Sec 1605... 345
Against persons.............. PL 102-484 Sec 1604... 345
Waiver......................... PL 102-484 Sec 1606... 346
Iran Nonproliferation Amendments PL 109-112............ 206
Act of 2005.
Findings....................... PL 109-112 Sec 2...... 206
Iran Nuclear Proliferation PL 107-228............ 232
Prevention Act of 2002.
Annual review of IAEA projects. PL 107-228 Sec 1343... 232
Reporting requirements......... PL 107-228 Sec 1344... 233
Sense of Congress.............. PL 107-228 Sec 1345... 233
National Missile Defense Act of
1999
National missile defense policy PL 106-38 Sec 2....... 261
Reduction of Russian nuclear PL 106-38 Sec 3....... 261
forces policy.
National Security and Corporate PL 106-113............ 250
Fairness under the Biological
Weapons Convention Act.
Definitions.................... PL 106-113 Sec 1122... 251
Findings....................... PL 106-113 Sec 1123... 251
Arms control--Continued
National Security and Corporate
Fairness under the Biological
Weapons Convention Act--
Continued
Nonproliferation program use of PL 106-113 Sec 1132... 254
resources.
Provision of information to PL 106-113 Sec 1134... 255
Congress.
Science and technology centers
In the former Soviet Union... PL 106-113 Sec 1138... 256
Research and activities...... PL 106-113 Sec 1139... 256
Trial investigations and visits PL 106-113 Sec 1124... 252
Weapons-grade material PL 106-113 Sec 1133... 254
disposition.
Nonproliferation and Export PL 107-228............ 214
Control Assistance, 2003.
Appropriations authorization... PL 107-228 Sec 1301... 214
IAEA budget assessments and PL 107-228 Sec 1305... 215
voluntary contributions.
Reports........................ PL 107-228 Sec 1308... 217
Scientist relocation........... PL 107-228 Sec 1304(d) 215
Technology acquisition programs PL 107-228 Sec 1302... 214
for friendly foreign countries.
Three-year international PL 107-228 Sec 1309... 220
strategy.
Nonproliferation Assistance PL 107-228............ 228
Coordination Act of 2002.
Administrative support......... PL 107-228 Sec 1336... 230
Authority...................... PL 107-228 Sec 1335(b) 230
Committee on Nonproliferation PL 107-228 Sec 1334... 229
Assistance establishment.
Confidentiality of information. PL 107-228 Sec 1337... 231
Consultation................... PL 107-228 Sec 1339(b) 231
Definitions.................... PL 107-228 Sec 1333... 229
Findings....................... PL 107-228 Sec 1332... 228
Purposes....................... PL 107-228 Sec 1335(a) 229
Report......................... PL 107-228 Sec 1339(a) 231
Statutory construction......... PL 107-228 Sec 1338... 231
Nonproliferation provisions in PL 107-228............ 234
Foreign Relations Authorization
Act, FY 2003.
Chemical Weapons Convention PL 107-228 Sec 1605... 236
compliance.
Detailing U.S. governmental PL 107-228 Sec 1603... 235
personnel to international
organizations.
Diplomatic presence overseas... PL 107-228 Sec 1604... 235
Real-time availability of PL 107-228 Sec 1602... 235
seismological data.
South Asia nuclear and missile PL 107-228 Sec 1601... 234
nonproliferation.
North Korea Threat Reduction Act PL 106-113............ 500
of 1999.
Definitions.................... PL 106-113 Sec 823.... 501
Restrictions on nuclear PL 106-113 Sec 822.... 500
cooperation.
Nuclear cooperation between the
United States and China
Approval of Agreement of July PL 99-183............. 519
23, 1985.
Nuclear material export
Low-enriched uranium fuel...... PL 96-280............. 400
Special material and components EO 12055.............. 402
to India.
EO 12218.............. 401
Nuclear Non-Proliferation Act of PL 95-242............. 380
1978.
Annual reports................. PL 95-242 Sec 602..... 395
Definitions.................... PL 95-242 Sec 4....... 381
Developing countries assistance
Policy....................... PL 95-242 Sec 501..... 391
Programs..................... PL 95-242 Sec 502..... 392
Reports...................... PL 95-242 Sec 501..... 391
Arms control--Continued
Nuclear Non-Proliferation Act of
1978--Continued
Developing countries
assistance--Continued
Reports--Continued
PL 95-242 Sec 503..... 393
Exports
Authority to continue PL 95-242 Sec 405..... 391
agreements.
Control requirements......... PL 95-242 Sec 402..... 388
Controls..................... PL 95-242 Sec 309..... 387
Environmental protection..... PL 95-242 Sec 407..... 342
Licensing procedures......... PL 95-242 Sec 304..... 386
Peaceful nuclear activities.. PL 95-242 Sec 403..... 388
Renegotiation of cooperation PL 95-242 Sec 404..... 390
agreements.
Review....................... PL 95-242 Sec 406..... 391
Initiatives to provide adequate
nuclear fuel supply
International undertakings... PL 95-242 Sec 104..... 383
Policy....................... PL 95-242 Sec 101..... 382
Reevaluation of nuclear fuel PL 95-242 Sec 105..... 384
cycle.
Report....................... PL 95-242 Sec 103..... 383
Uranium enrichment capacity.. PL 95-242 Sec 102..... 382
International safeguard system
strengthening
Negotiations................. PL 95-242 Sec 203..... 386
Policy....................... PL 95-242 Sec 201..... 385
Training program............. PL 95-242 Sec 202..... 385
Policy statement............... PL 95-242 Sec 2....... 380
Presidential reports........... PL 95-242 Sec 601..... 393
Purpose statement.............. PL 95-242 Sec 3....... 381
Saving clause.................. PL 95-242 Sec 603..... 397
Nuclear non-proliferation EO 12058.............. 398
functions.
Nuclear Proliferation Prevention PL 103-236............ 324
Act of 1994.
Definitions.................... PL 103-236 Sec 830.... 331
International Atomic Energy
Agency
Bilateral and multilateral PL 103-236 Sec 841.... 332
initiatives.
Definitions.................. PL 103-236 Sec 844.... 335
Internal reforms............. PL 103-236 Sec 842.... 333
Reporting requirement........ PL 103-236 Sec 843.... 334
International financial PL 103-236 Sec 823.... 328
institutions role.
Procurement sanction on persons PL 103-236 Sec 821.... 324
engaging in export activities
that contribute to
proliferation.
Prohibition on assisting PL 103-236 Sec 824.... 328
proliferation through the
provision of financing.
Reporting on demarches, sense PL 103-236 Sec 828(b). 330
of Congress.
Nuclear Security Initiative Act PL 108-136............ 209
of 2003.
Enhanced collaboration for more PL 108-136 Sec 3624... 212
reliable Russian early warning
systems, sense of Congress.
Interparliamentary Threat PL 108-136 Sec 3622... 211
Reduction Working Group
establishment.
Management assessment of threat PL 108-136 Sec 3611... 209
reduction and nonproliferation
programs.
Nuclear and radiological PL 108-136 Sec 3631... 212
security and safety
discussions between IAEA and
OECD.
Arms control--Continued
Nuclear Security Initiative Act
of 2003--Continued
Russian tactical nuclear PL 108-136 Sec 3621... 211
weapons, comprehensive
inventory.
United States and NATO PL 108-136 Sec 3623... 211
cooperation with Russia on
ballistic missile defenses,
sense of Congress.
Proliferation Prevention PL 106-113............ 257
Enhancement Act of 1999.
Automated Export System
Definitions.................. PL 106-113 Sec 1256... 260
Department of State licensing PL 106-113 Sec 1255... 259
procedures acceleration.
Mandatory use................ PL 106-113 Sec 1252... 258
Report to Congress........... PL 106-113 Sec 1254... 259
Voluntary use, sense of PL 106-113 Sec 1253... 259
Congress.
Russian Federation Debt Reduction PL 107-228............ 221
for Nonproliferation Act of 2002.
Center for an Independent Press PL 107-228 Sec 1316... 226
and the Rule of Law
establishment.
Congressional consultations.... PL 107-228 Sec 1320... 227
Debt reduction authority PL 107-228 Sec 1317... 226
restriction.
Debt reduction with other PL 107-228 Sec 1318... 227
creditor states, sense of
Congress.
Definitions.................... PL 107-228 Sec 1313... 223
Findings....................... PL 107-228 Sec 1312(a) 221
Purposes....................... PL 107-228 Sec 1312(b) 223
Reduction of Soviet-era debt PL 107-228 Sec 1314... 224
obligations to the U.S.
authorization.
Reports to Congress............ PL 107-228 Sec 1321... 227
Russian Federation PL 107-228 Sec 1315... 225
Nonproliferation Investment
Agreement.
U.S. policy implementation, PL 107-228 Sec 1319... 227
sense of Congress.
Soviet Nuclear Threat Reduction PL 102-228............ 166
Act of 1991.
Administration of program...... PL 102-228 Sec 221.... 167
Authorization of program....... PL 102-228 Sec 212.... 167
Dire emergency supplemental PL 102-228 Sec 223.... 169
appropriations.
Emergency airlift authorization PL 102-228 Sec 301.... 169
Prior notice of obligations to PL 102-228 Sec 231.... 169
Congress.
Repayment arrangements......... PL 102-228 Sec 222.... 168
Reporting requirements......... PL 102-228 Sec 302.... 171
Soviet Nuclear Threat Reduction
Appropriations, FY 1992
Arms sales restriction to Saudi PL 102-229 Sec 104.... 173
Arabia and Kuwait.
Congressional designation of PL 102-229 Sec 202.... 176
emergency.
Funds transfer................. PL 102-229 Sec 108.... 174
PL 102-229 Sec 109.... 175
U.S. recognition of Ukrainian PL 102-229 Sec 204.... 176
independence, sense of the
Senate.
United States Enrichment PL 104-134............ 502
Corporation Privatization Act.
Definitions.................... PL 104-134 Sec 3102... 502
Establishment of private PL 104-134 Sec 3105... 504
corporation.
Transfers to private PL 104-134 Sec 3106... 505
corporation.
United States Enrichment
Corporation
Method of sale............... PL 104-134 Sec 3104... 503
Sale of...................... PL 104-134 Sec 3103... 503
Uranium transfers and sales.... PL 104-134 Sec 3112... 505
Arms control--Continued
United States-India Nuclear PL 110-369............ 477
Cooperation Approval and
Nonproliferation Enhancement Act.
Additional protocol between PL 110-369 Sec 103.... 479
India and the IAEA.
Agreement approval............. PL 110-369 Sec 101.... 478
Certification requirement...... PL 110-369 Sec 102(c). 479
Definitions.................... PL 110-369 Sec 2...... 477
Policy declarations............ PL 110-369 Sec 102(a). 478
PL 110-369 Sec 102(b). 478
Procedures regarding subsequent PL 110-369 Sec 201.... 480
reprocessing arrangement.
Rule of construction........... PL 110-369 Sec 102(d). 479
Safeguard agreement PL 110-369 Sec 104.... 479
implementation between India
and the IAEA.
U.S. policy at the Nuclear PL 110-369 Sec 204.... 480
Suppliers Group.
United States-India Peaceful PL 109-401............ 482
Atomic Energy Cooperation Act of
2006.
Compliance with nuclear PL 109-401 Sec 105.... 496
nonproliferation treaty
obligations.
Congressional approval......... PL 109-401 Sec 104.... 485
Definitions.................... PL 109-401 Sec 110.... 497
Inoperability of determination PL 109-401 Sec 106.... 496
and waivers.
MTCR adherent status........... PL 109-401 Sec 107.... 496
Policy statements.............. PL 109-401 Sec 103.... 484
Scientific cooperative nuclear PL 109-401 Sec 109.... 497
nonproliferation program.
Sense of Congress.............. PL 109-401 Sec 102.... 482
Waiver authority............... PL 109-401 Sec 104.... 485
Weapons of Mass Destruction PL 102-484............ 337
Control Act of 1992.
International nonproliferation PL 102-484 Sec 1505... 340
initiative.
Nonproliferation activities of PL 102-484 Sec 1503... 338
Department of Defense and
Department of Energy, report.
Nonproliferation technology PL 102-484 Sec 1504... 339
initiative.
Sense of Congress.............. PL 102-484 Sec 1502... 337
Weapons of mass destruction EO 12938.............. 365
proliferation.
Blocking property of EO 13382.............. 376
proliferators and their
supporters.
Department of Commerce controls EO 12938 Sec 3........ 366
Imposition of controls......... EO 12938 Sec 2........ 365
International negotiations..... EO 12938 Sec 1........ 365
Judicial review................ EO 12938 Sec 9........ 370
Measures against foreign EO 12938 Sec 4........ 366
persons.
Preservation of authorities.... EO 12938 Sec 8........ 369
Revocation of orders........... EO 12938 Sec 10....... 370
Sanctions
Against foreign countries.... EO 12938 Sec 5........ 368
Duration of.................. EO 12938 Sec 6........ 369
Implementation of............ EO 12938 Sec 7........ 369
Arms Control, Nonproliferation, and
Security Assistance Act of 1999.
See National Security and
Corporate Fairness under the
Biological Weapons Convention Act;
Proliferation Prevention
Enhancement Act of 1999
Arms Control and Disarmament Act... PL 87-297............. 5
Compliance verification.......... PL 87-297 Sec 306..... 14
Comprehensive compilation of PL 87-297 Sec 308..... 16
studies.
Definitions...................... PL 87-297 Sec 103..... 8
Dual compensation laws........... PL 87-297 Sec 402..... 20
General authority................ PL 87-297 Sec 401..... 17
Arms Control and Disarmament Act--
Continued
Information availability......... PL 87-297 Sec 305..... 14
Negotiation management........... PL 87-297 Sec 304..... 13
On-site inspection activities
Definitions.................... PL 87-297 Sec 504..... 26
Findings....................... PL 87-297 Sec 501..... 24
Policy coordination............ PL 87-297 Sec 502..... 25
Reprogramming notifications PL 87-297 Sec 503..... 26
review.
Patent rights.................... PL 87-297 Sec 302..... 12
Policy formulation............... PL 87-297 Sec 303(a).. 12
Presidential Special PL 87-297 Sec 201..... 9
Representatives.
Prohibitions..................... PL 87-297 Sec 303(b).. 12
Purpose.......................... PL 87-297 Sec 102..... 6
Records negotiation.............. PL 87-297 Sec 307..... 16
Report to Congress, annual....... PL 87-297 Sec 403..... 21
Research authorization........... PL 87-297 Sec 301..... 10
Statutory construction........... PL 87-297 Sec 303(c).. 12
Visiting scholars program........ PL 87-297 Sec 202..... 9
World military expenditures and PL 87-297 Sec 404..... 24
arms transfers, report.
Arms Control and Disarmament Act PL 99-93.............. 43
Authorization, FY 1986 and 1987.
Chemical weapons banning policy.. PL 99-93 Sec 707...... 45
Crisis stability and control PL 99-93 Sec 706...... 44
study.
Geneva structure for negotiating PL 99-93 Sec 705...... 43
teams use.
Nuclear winter consequences, PL 99-93 Sec 708...... 46
joint study policy.
Arms Control and Disarmament Act PL 100-213............ 41
Authorization, FY 1988 and 1989.
Inspector General................ PL 100-213 Sec 6...... 42
Standing Consultative Commission. PL 100-213 Sec 3...... 41
Arms Control and Disarmament Act PL 101-216............ 39
Authorization, FY 1990 and 1991.
Arms control verification........ PL 101-216 Sec 105.... 39
Defense industries conversion, PL 101-216 Sec 106.... 40
report.
Implementation and compliance PL 101-216 Sec 104.... 39
resolution.
Arms Control and Disarmament Agency
Appropriations authorization..... PL 105-277 Sec 2601... 36
Revitalization of, report........ PL 103-236 Sec 717.... 38
Arms Control and Disarmament Agency
Authorization, FY 1999
Foreign relations authorization
Appropriate congressional PL 105-277 Sec 2002... 36
committees, defined.
United States Arms Control and
Disarmament Agency
Appropriations authorization... PL 105-277 Sec 2601... 36
Arms Control and Nonproliferation PL 103-236............ 37
Act of 1994.
Congressional declarations....... PL 103-236 Sec 702(a). 37
Negotiating records.............. PL 103-236 Sec 713(b). 38
Purpose.......................... PL 103-236 Sec 702(b). 37
Research and development PL 103-236 Sec 711.... 38
coordination, report.
Revitalization of ACDA, report... PL 103-236 Sec 717.... 38
Arms Control and Nonproliferation PL 106-113............ 30
Act of 1999.
Assistant Secretary of State for PL 106-113 Sec 1112... 32
Verification and Compliance.
Definitions...................... PL 106-113 Sec 1102... 31
Key Verification Assets Fund..... PL 106-113 Sec 1111... 31
Protection of U.S. companies..... PL 106-113 Sec 1117... 34
Seismology data availability..... PL 106-113 Sec 1116... 34
START and START II Treaties PL 106-113 Sec 1114... 33
monitoring, report.
Arms Control and Nonproliferation
Act of 1999--Continued
Transmittal of summaries PL 106-113 Sec 1118... 35
requirement.
Verification standards........... PL 106-113 Sec 1115... 34
Arms Control and Nonproliferation
Authorization, FY 2003
Security Assistance Act of 2002
Key Verification Assets Fund... PL 107-228 Sec 1102... 28
Personnel appropriations....... PL 107-228 Sec 1101(b) 28
Verification and compliance PL 107-228 Sec 1101(a) 28
appropriations.
Asia
Nuclear and missile PL 107-228 Sec 1601... 234
nonproliferation in southern
countries.
Tonkin Gulf Resolution........... PL 88-408............. 806
Asia-Pacific region
Response to increased missile PL 105-261 Sec 1533... 610
threat, report.
Assistant Secretaries of State
Arms control verification and PL 106-113 Sec 1112... 32
compliance.
Atomic Energy Act of 1954.......... PL 83-703............. 405
Authority to carry out EO 10841.............. 528
international cooperation
provisions.
Byproduct material
Authorities of the Atomic PL 83-703 Sec 84...... 427
Energy Commission.
Domestic distribution.......... PL 83-703 Sec 81...... 423
Foreign distribution........... PL 83-703 Sec 82...... 424
Ownership and custody of PL 83-703 Sec 83...... 425
material and disposal sites.
Declaration...................... PL 83-703 Sec 1....... 407
Definitions...................... PL 83-703 Sec 11...... 409
Findings......................... PL 83-703 Sec 2....... 407
Information control
Classification and PL 83-703 Sec 142..... 464
declassification of restricted
data.
Department of Defense PL 83-703 Sec 143..... 465
participation.
Dissemination of unclassified PL 83-703 Sec 148..... 470
information, prohibition
against.
Fingerprinting for criminal PL 83-703 Sec 149..... 472
history record checks.
International cooperation...... PL 83-703 Sec 144..... 465
Policy......................... PL 83-703 Sec 141..... 464
Restrictions................... PL 83-703 Sec 145..... 468
Safeguards..................... PL 83-703 Sec 147..... 468
International activities
Authority to suspend nuclear PL 83-703 Sec 132..... 460
cooperation.
Conduct resulting in PL 83-703 Sec 129..... 448
termination of nuclear exports.
Congressional review procedures PL 83-703 Sec 130..... 451
Consultation with Department of PL 83-703 Sec 133..... 460
Defense concerning exports.
Cooperation with Berlin........ PL 83-703 Sec 125..... 441
Cooperation with other nations. PL 83-703 Sec 123..... 435
Criteria governing U.S. nuclear PL 83-703 Sec 127..... 446
exports.
Effect of arrangements......... PL 83-703 Sec 121..... 123
Export licensing procedures.... PL 83-703 Sec 126..... 441
Export restrictions............ PL 83-703 Sec 134..... 460
International atomic pool...... PL 83-703 Sec 124..... 441
Nuclear export procedures...... PL 83-703 Sec 128..... 447
Policies....................... PL 83-703 Sec 122..... 435
Subsequent international PL 83-703 Sec 131..... 454
arrangements.
Joint Committee on Atomic Energy
Abolishment.................... PL 83-703 Sec 301..... 474
Atomic Energy Act of 1954--
Continued
Joint Committee on Atomic Energy--
Continued
Information and assistance to PL 83-703 Sec 303..... 475
congressional committees.
Transfer of functions repeal... PL 83-703 Sec 302..... 475
Licenses
Commercial..................... PL 83-703 Sec 103..... 431
Medical therapy and research PL 83-703 Sec 104..... 433
and development.
Nuclear Regulatory Commission PL 83-703 Sec 111..... 434
authority.
Requirements................... PL 83-703 Sec 101..... 431
Utilization and production PL 83-703 Sec 102..... 431
facilities.
PL 83-703 Sec 109..... 434
Military application of atomic
energy
Authority...................... PL 83-703 Sec 91...... 428
Prohibition.................... PL 83-703 Sec 92...... 430
Nuclear exports
Procedures..................... PL 83-703 Sec 128..... 447
Purpose.......................... PL 83-703 Sec 3....... 408
Source material
Determinations................. PL 83-703 Sec 61...... 422
Foreign distribution........... PL 83-703 Sec 64...... 422
License for transfers required. PL 83-703 Sec 62...... 422
Prohibition.................... PL 83-703 Sec 69...... 423
Special nuclear material
Acquisition.................... PL 83-703 Sec 55...... 418
Determinations................. PL 83-703 Sec 51...... 416
Foreign distribution........... PL 83-703 Sec 54...... 416
Guaranteed purchase prices..... PL 83-703 Sec 56...... 419
Prohibition.................... PL 83-703 Sec 57...... 419
Review......................... PL 83-703 Sec 58...... 421
Atomic Energy Commission
Central Intelligence Agency EO 10899.............. 527
authorization for communication
of restricted data.
Department of State authorization EO 11057.............. 526
for communication of restricted
data.
Attorney General
Intercountry adoption PL 106-279 Sec 103.... 1021
responsibilities.
Authorization for Use of Military PL 102-1.............. 770
Force Against Iraq Resolution.
Authorization for Use of United PL 102-1 Sec 2........ 770
States Armed Forces.
Reports.......................... PL 102-1 Sec 3........ 771
Authorization for Use of Military PL 107-243............ 740
Force Against Iraq Resolution of
2002.
Authorization for use of United PL 107-243 Sec 3...... 743
States Armed Forces.
Reports.......................... PL 107-243 Sec 4...... 744
Support for U.S. diplomatic PL 107-243 Sec 2...... 743
efforts.
Authorization for use of military PL 107-40............. 746
force in response to terrorist
attacks of September 11, 2001.
Authorization for use of military
force in Somalia
Findings......................... PL 103-139 Sec 8151... 772
Automated Export System
Definitions...................... PL 106-113 Sec 1256... 260
Department of State licensing PL 106-113 Sec 1255... 259
procedures acceleration.
Mandatory use.................... PL 106-113 Sec 1252... 258
Report to Congress............... PL 106-113 Sec 1254... 259
Voluntary use, sense of Congress. PL 106-113 Sec 1253... 259
B
Biological weapons. See also Arms
control
Administration of proliferation EO 12851 Sec 1........ 361
sanctions.
Chemical and Biological Weapons PL 102-182............ 349
Control and Warfare Elimination
Act of 1991.
Determinations regarding use... PL 102-182 Sec 306.... 351
Duplicative provisions repeal.. PL 102-182 Sec 309.... 357
Export controls................ PL 102-182 Sec 304.... 351
Multilateral efforts........... PL 102-182 Sec 303.... 350
Purposes....................... PL 102-182 Sec 302.... 349
Sanctions against use.......... PL 102-182 Sec 307.... 353
Emergency preparedness testing... PL 104-201 Sec 1415... 313
Emergency response............... PL 104-201 Sec 1413... 312
Funds limitation to offensive PL 104-106 Sec 1208... 133
warfare program of Russia.
Funds use limitation for PL 105-261 Sec 1305... 113
proliferation prevention
activities in Russia.
High-yield explosives response PL 104-201 Sec 1414... 313
team.
Military assistance to civilian PL 104-201 Sec 1416... 315
law enforcement officials in
emergency situations.
National Academy of Sciences PL 109-364 Sec 1304... 63
study of proliferation
prevention.
PL 110-181 Sec 1308... 56
Offensive warfare program of the PL 103-337 Sec 1207... 137
former Soviet Union, report.
Research restrictions in the PL 108-136 Sec 1304... 75
former Soviet Union.
Russian programs, report......... PL 105-261 Sec 1308... 116
Verification programs, sense of PL 98-525 Sec 1109.... 720
Congress.
Biological Weapons Convention Act.
See National Security and
Corporate Fairness under the
Biological Weapons Convention Act
Bob Stump National Defense
Authorization Act, FY 2003. See
Cooperative Threat Reduction, FY
2003; National Defense
Authorization Act, FY 2003
Border security
Detection equipment procurement PL 104-201 Sec 1421... 317
for U.S. border.
International borders............ PL 104-201 Sec 1424... 318
C
Central Intelligence, Director of
Arms control and disarmament PL 106-398 Sec 1308(d) 100
report input.
National Intelligence Estimate 95- PL 104-201 Sec 1311... 633
19 review.
Central Intelligence Agency
Authorization for communication EO 10899.............. 527
of restricted Atomic Energy
Commission data.
Geneva Conventions Common Article EO 13440.............. 764
3 interpretation as applied to a
program of detention and
interrogation.
Assignment of function......... EO 13440 Sec 4........ 766
Definitions.................... EO 13440 Sec 2........ 764
Determinations................. EO 13440 Sec 1........ 764
Program compliance............. EO 13440 Sec 3........ 765
Provisions..................... EO 13440 Sec 5........ 766
Chemical and Biological Weapons PL 102-182............ 349
Control and Warfare Elimination
Act of 1991.
Chemical and Biological Weapons
Control and Warfare Elimination
Act of 1991--Continued
Determinations regarding use of PL 102-182 Sec 306.... 351
weapons.
Duplicative provisions repeal.... PL 102-182 Sec 309.... 357
Export controls.................. PL 102-182 Sec 304.... 351
Multilateral efforts............. PL 102-182 Sec 303.... 350
Purposes......................... PL 102-182 Sec 302.... 349
Sanctions against use of weapons. PL 102-182 Sec 307.... 353
Chemical weapons. See also Arms
control
Administration of proliferation EO 12851 Sec 1........ 361
sanctions.
Destruction at Shchuch'ye, PL 110-181 Sec 1307... 55
Russia, report.
Destruction facility in Russia, PL 104-106 Sec 1209... 134
funding limitation.
PL 105-85 Sec 1405.... 121
PL 108-136 Sec 1306... 77
Destruction of U.S. stockpile, PL 109-364 Sec 921.... 544
sense of Congress.
Elimination of Russian stockpile. PL 105-85 Sec 1406.... 121
PL 105-261 Sec 1304... 112
PL 106-398 Sec 1309... 101
Emergency preparedness testing... PL 104-201 Sec 1415... 313
Emergency response............... PL 104-201 Sec 1413... 312
Herbicides and riot control EO 11850.............. 359
agents, renunciation of war use.
High-yield explosives response PL 104-201 Sec 1414... 313
team.
Military assistance to civilian PL 104-201 Sec 1416... 315
law enforcement officials in
emergency situations.
Negotiations, sense of Congress.. PL 101-189 Sec 1013... 690
Policy toward banning............ PL 99-93 Sec 707...... 45
Verification programs, sense of PL 98-525 Sec 1109.... 720
Congress.
Chemical Weapons Convention
Assistance for facilities subject PL 105-85 Sec 1303.... 616
to inspection.
Compliance with.................. PL 107-228 Sec 1605... 236
Implementation of................ EO 13128.............. 371
Ratification, sense of Congress.. PL 104-106 Sec 1406... 640
U.S. obligations, sense of PL 105-85 Sec 1307.... 621
Congress.
Chemical Weapons Convention PL 105-277............ 262
Implementation Act of 1998.
Civil actions.................... PL 105-277 Sec 502(b). 293
Civil liability of the United
States
Cause of action authority...... PL 105-277 Sec 103(d). 269
Recoupment..................... PL 105-277 Sec 103(e). 269
Taking of property claims...... PL 105-277 Sec 103(a). 267
Tort liability................. PL 105-277 Sec 103(b). 269
U.S. confidential business PL 105-277 Sec 103(g). 273
information defined.
Unauthorized disclosure of PL 105-277 Sec 103(f). 272
confidential business
information sanctions.
Waiver of sovereign immunity... PL 105-277 Sec 103(c). 269
Confidentiality of information... PL 105-277 Sec 404.... 290
Constitutional rights, no PL 105-277 Sec 102.... 267
abridgement of.
Criminal and civil penalties..... PL 105-277 Sec 201.... 273
Criminal forfeitures............. PL 105-277 Sec 201.... 275
Definitions...................... PL 105-277 Sec 3...... 263
PL 105-277 Sec 201.... 277
Destruction of weapons........... PL 105-277 Sec 201.... 276
Enforcement jurisdiction......... PL 105-277 Sec 502(a). 293
Expedited judicial review........ PL 105-277 Sec 503.... 294
Export privileges revocation..... PL 105-277 Sec 211.... 279
Implementation of................ EO 13128.............. 371
Individual self-defense devices.. PL 105-277 Sec 201.... 276
Injunctions...................... PL 105-277 Sec 201.... 276
Chemical Weapons Convention
Implementation Act of 1998--
Continued
Inspections
Authorization.................. PL 105-277 Sec 303.... 280
Definitions.................... PL 105-277 Sec 301.... 279
Facility agreements............ PL 105-277 Sec 302.... 279
National security exception.... PL 105-277 Sec 307.... 287
Procedures..................... PL 105-277 Sec 304.... 281
Prohibited acts................ PL 105-277 Sec 306.... 287
Report......................... PL 105-277 Sec 309.... 287
U.S. assistance at private PL 105-277 Sec 310.... 288
facilities.
Warrants....................... PL 105-277 Sec 305.... 283
Low concentrations of schedule 2 PL 105-277 Sec 402.... 289
and 3 chemicals prohibition.
Military assistance requests to PL 105-277 Sec 201.... 277
enforce prohibition.
Penalties........................ PL 105-277 Sec 201.... 274
PL 105-277 Sec 501.... 292
Prohibited activities............ PL 105-277 Sec 201.... 274
Prohibitions..................... PL 105-277 Sec 602.... 294
Recordkeeping violations......... PL 105-277 Sec 405.... 291
United States National Authority
Designation.................... PL 105-277 Sec 101.... 267
Reports requirement............ PL 105-277 Sec 401.... 288
Unscheduled discrete organic PL 105-277 Sec 403.... 290
chemicals and byproducts in
waste streams prohibition.
Child abduction, international
Convention on the Civil Aspects
of International Child Abduction
Central Authority designation.. EO 12648 Sec 1........ 1045
International Child Abduction PL 100-300............ 1037
Remedies Act.
Admissibility of documents..... PL 100-300 Sec 6...... 1040
Appropriations authorization... PL 100-300 Sec 12..... 1044
Costs and fees................. PL 100-300 Sec 8...... 1042
Definitions.................... PL 100-300 Sec 3...... 1038
Findings and declarations...... PL 100-300 Sec 2...... 1037
Information collection, PL 100-300 Sec 9...... 1042
maintenance and dissemination.
Interagency coordinating group. PL 100-300 Sec 10..... 1043
Judicial remedies.............. PL 100-300 Sec 4...... 1039
Provisional remedies........... PL 100-300 Sec 5...... 1040
United States Central Authority PL 100-300 Sec 7...... 1040
Child health revolution............ PL 98-198............. 1046
Children
Child health revolution.......... PL 98-198............. 1046
Convention on the Civil Aspects
of International Child Abduction
Central Authority designation.. EO 12648 Sec 1........ 1045
Extradition Treaties
Interpretation Act of 1998
Findings....................... PL 105-323 Sec 202.... 1036
Interpretation of treaties..... PL 105-323 Sec 203.... 1036
Intercountry Adoption Act of 2000 PL 106-279............ 1017
Accreditation or approval
Process...................... PL 106-279 Sec 202.... 1023
Requirements................. PL 106-279 Sec 201.... 1022
Standards and procedures..... PL 106-279 Sec 203.... 1024
Appropriations authorization... PL 106-279 Sec 403.... 1032
Children emigrating from the PL 106-279 Sec 303.... 1030
United States.
Children immigrating to the PL 106-279 Sec 301.... 1029
United States.
Definitions.................... PL 106-279 Sec 3...... 1017
Documents of other countries... PL 106-279 Sec 402.... 1032
Enforcement.................... PL 106-279 Sec 404.... 1033
Fees collection................ PL 106-279 Sec 403.... 1032
Children--Continued
Intercountry Adoption Act of
2000--Continued
Findings and purposes.......... PL 106-279 Sec 2...... 1017
No private right of action..... PL 106-279 Sec 504.... 1034
Recognition of adoptions....... PL 106-279 Sec 501.... 1034
Records access................. PL 106-279 Sec 401.... 1031
Relationship to other laws..... PL 106-279 Sec 503.... 1034
Secretary of State
Oversight of accreditation or PL 106-279 Sec 204.... 1027
approval.
Responsibilities............. PL 106-279 Sec 102.... 1019
Special rules.................. PL 106-279 Sec 502.... 1034
Transition rule................ PL 106-279 Sec 505.... 1035
United States Central Authority
Attorney General PL 106-279 Sec 103.... 1021
responsibilities.
Designation.................. PL 106-279 Sec 101.... 1019
Report requirements.......... PL 106-279 Sec 104.... 1021
International Child Abduction PL 100-300............ 1037
Remedies Act.
Admissibility of documents..... PL 100-300 Sec 6...... 1040
Appropriations authorization... PL 100-300 Sec 12..... 1044
Costs and fees................. PL 100-300 Sec 8...... 1042
Definitions.................... PL 100-300 Sec 3...... 1038
Findings and declarations...... PL 100-300 Sec 2...... 1037
Information collection, PL 100-300 Sec 9...... 1042
maintenance and dissemination.
Interagency coordinating group. PL 100-300 Sec 10..... 1043
Judicial remedies.............. PL 100-300 Sec 4...... 1039
Provisional remedies........... PL 100-300 Sec 5...... 1040
United States Central Authority PL 100-300 Sec 7...... 1040
China
Certification of missile PL 105-261 Sec 1512... 602
equipment or technology.
Nuclear cooperation with the PL 99-183............. 519
United States.
Weapons proliferation report..... EO 12851 Sec 4........ 363
China (People's Republic of). See
People's Republic of China
CIA. See Central Intelligence
Agency
Classified information
Prohibition on transfer to the PL 107-206 Sec 2006... 789
International Criminal Court.
Combatting Proliferation of Weapons PL 104-293............ 300
of Mass Destruction Act of 1996.
Commission
Duties of...................... PL 104-293 Sec 712.... 712
Establishment of............... PL 104-293 Sec 711.... 300
Payment of expenses............ PL 104-293 Sec 717.... 305
Personnel matters.............. PL 104-293 Sec 714.... 304
Powers of...................... PL 104-293 Sec 713.... 303
Termination of................. PL 104-293 Sec 715.... 305
Contributions of foreign persons PL 104-293 Sec 722.... 306
to efforts of countries of
concern, report.
Definition....................... PL 104-293 Sec 716.... 305
Technology acquisition, reports.. PL 104-293 Sec 721.... 305
Commerce, Department of
Chemical Weapons Convention EO 13128.............. 371
implementation.
Release of export information to PL 105-261 Sec 1522... 608
other agencies for national
security assessment.
Weapons of mass destruction EO 12938 Sec 3........ 366
proliferation.
Commission on the Prevention of
Weapons of Mass Destruction
Proliferation and Terrorism
Composition of................... PL 110-53 Sec 1853.... 189
Establishment of................. PL 110-53 Sec 1851.... 188
Funding.......................... PL 110-53 Sec 1859.... 192
Nonapplicability of Federal PL 110-53 Sec 1856.... 191
Advisory Committee Act.
Powers of........................ PL 110-53 Sec 1855.... 190
Purposes of...................... PL 110-53 Sec 1852.... 188
Report........................... PL 110-53 Sec 1857.... 192
Responsibilities of.............. PL 110-53 Sec 1854.... 189
Termination...................... PL 110-53 Sec 1858.... 192
Commission to Assess the Ballistic
Missile Threat to the United
States
Administrative provisions........ PL 104-201 Sec 1327... 636
Duties........................... PL 104-201 Sec 1322... 634
Establishment of................. PL 104-201 Sec 1321... 634
Funding.......................... PL 104-201 Sec 1328... 636
Personnel matters................ PL 104-201 Sec 1326... 635
Powers........................... PL 104-201 Sec 1324... 635
Procedures....................... PL 104-201 Sec 1325... 635
Report........................... PL 104-201 Sec 1323... 635
Termination...................... PL 104-201 Sec 1329... 636
Computers, high-performance
End-use verification for use by PL 106-65 Sec 1407.... 591
People's Republic of China.
Exporting to People's Republic of PL 106-65 Sec 1406.... 591
China, report.
Consolidated Security, Disaster
Assistance and Continuing
Appropriations Act, 2009
Cooperative threat reduction PL 110-329 Title II... 50
account.
Convention on the Civil Aspects of
International Child Abduction
Central Authority designation.... EO 12648 Sec 1........ 1045
Conventional Forces in Europe PL 102-228............ 166
Treaty Implementation Act of 1991.
Soviet weapons destruction
Administration of program...... PL 102-228 Sec 221.... 167
Authorization of program....... PL 102-228 Sec 212.... 167
Dire emergency supplemental PL 102-228 Sec 223.... 169
appropriations.
Emergency airlift authorization PL 102-228 Sec 301.... 169
Prior notice of obligations to PL 102-228 Sec 231.... 169
Congress.
Repayment arrangements......... PL 102-228 Sec 222.... 168
Reporting requirements......... PL 102-228 Sec 302.... 171
Cooperative Threat Reduction, FY PL 103-160............ 142
1993.
States of the former Soviet Union
Appropriate congressional PL 103-160 Sec 1208... 147
committees defined.
Authorization for additional FY PL 103-160 Sec 1209... 148
1993 assistance.
Demilitarization Enterprise PL 103-160 Sec 1204... 145
Fund.
Findings....................... PL 103-160 Sec 1202... 143
Funding authorization, FY 1994. PL 103-160 Sec 1205... 146
Funds obligation, prior notice PL 103-160 Sec 1206... 147
to Congress requirement.
Programs authorization......... PL 103-160 Sec 1203... 143
Cooperative Threat Reduction, FY PL 103-337............ 135
1995.
States of the former Soviet Union
Funding limitations............ PL 103-337 Sec 1206... 136
Nuclear arsenal dismantlement, PL 103-337 Sec 1209... 140
sense of Congress.
Offensive biological warfare PL 103-337 Sec 1207... 137
program, report.
Program coordination........... PL 103-337 Sec 1208... 140
Programs....................... PL 103-337 Sec 1201... 136
Cooperative Threat Reduction, FY
1995--Continued
States of the former Soviet
Union--Continued
Weapons of mass destruction, PL 103-337 Sec 1204... 136
control and accountability of
materials, report.
Cooperative Threat Reduction, FY PL 104-106............ 129
1996.
States of the former Soviet Union
Chemical weapons destruction PL 104-106 Sec 1209... 134
facility funds use limitation.
Funding allocations............ PL 104-106 Sec 1202... 130
Funds obligation, prior notice PL 104-106 Sec 1205... 132
to Congress requirement.
Nuclear weapons scientists, PL 104-106 Sec 1207... 133
limitation on assistance.
Offensive biological warfare PL 104-106 Sec 1208... 133
program funds limitation.
Peacekeeping activities funds PL 104-106 Sec 1203... 132
use prohibition.
Specification of programs...... PL 104-106 Sec 1201... 130
Weapons destruction assistance PL 104-106 Sec 1204... 132
authority.
Cooperative Threat Reduction, FY PL 104-201............ 124
1997.
States of the former Soviet Union
Funding allocations............ PL 104-201 Sec 1502... 126
Funds availability............. PL 104-201 Sec 1505... 128
Funds use limitation until PL 104-201 Sec 1504... 127
report submission.
Funds use prohibition.......... PL 104-201 Sec 1503... 127
Specification of programs...... PL 104-201 Sec 1501... 125
Strategic nuclear delivery PL 104-201 Sec 1302... 533
systems, limitation on
retirement or dismantlement.
Cooperative Threat Reduction, FY PL 105-85............. 118
1998.
States of the former Soviet Union
Funding allocations............ PL 105-85 Sec 1402.... 119
Funds use limitation
Chemical weapons destruction. PL 105-85 Sec 1406.... 121
Chemical weapons destruction PL 105-85 Sec 1405.... 121
facility.
Fissile material storage PL 105-85 Sec 1407.... 122
facility.
START II Treaty.............. PL 105-85 Sec 1404.... 121
Weapons storage security..... PL 105-85 Sec 1408.... 122
Funds use prohibition.......... PL 105-85 Sec 1403.... 120
Payment of taxes, duties, and PL 105-85 Sec 1409.... 123
other assessments on
assistance, report.
Specification of programs and PL 105-85 Sec 1401.... 119
funds.
Cooperative Threat Reduction, FY PL 105-261............ 110
1999.
States of the former Soviet Union
Appropriations request summary PL 105-261 Sec 1307... 115
submission requirement.
Biological weapons programs in PL 105-261 Sec 1308... 116
Russia, report.
Cooperative counter PL 105-261 Sec 1306... 114
proliferation program.
Funding allocations............ PL 105-261 Sec 1302... 111
Funds use limitation
Biological weapons PL 105-261 Sec 1305... 113
proliferation prevention.
Chemical weapons destruction. PL 105-261 Sec 1304... 112
Funds use prohibition.......... PL 105-261 Sec 1303... 112
Specification of programs and PL 105-261 Sec 1301... 111
funds.
Weapons of mass destruction PL 105-261 Sec 1309... 117
programs, report on
individuals with expertise.
Cooperative Threat Reduction, FY PL 106-65............. 104
2000.
Cooperative Threat Reduction, FY
2000--Continued
States of the former Soviet Union
Expanded Threat Reduction PL 106-65 Sec 1309.... 108
Initiative, report.
Funding allocations............ PL 106-65 Sec 1302.... 105
Funds use limitation
Fissile material storage PL 106-65 Sec 1304.... 107
facility.
Until certification PL 106-65 Sec 1310.... 108
submission.
Until report submission...... PL 106-65 Sec 1306.... 107
Funds use prohibition.......... PL 106-65 Sec 1303.... 106
Report submission requirement.. PL 106-65 Sec 1308.... 108
Russian nonstrategic nuclear PL 106-65 Sec 1312.... 109
arms, sense of Congress.
Specification of programs and PL 106-65 Sec 1301.... 105
funds.
Cooperative Threat Reduction, FY PL 106-398............ 94
2001.
States of the former Soviet Union
Activities and assistance, PL 106-398 Sec 1308... 98
reports.
Audits, report................. PL 106-398 Sec 1311... 102
Chemical weapons elimination... PL 106-398 Sec 1309... 101
Funding allocations............ PL 106-398 Sec 1302... 95
Funds use limitation
Construction of fossil fuel PL 106-398 Sec 1307... 97
energy plants, report.
Elimination of conventional PL 106-398 Sec 1303... 96
weapons.
Elimination of Weapons Grade PL 106-398 Sec 1310... 102
Plutonium Program.
Fissile material storage PL 106-398 Sec 1304... 97
facility.
Warhead dismantlement PL 106-398 Sec 1305... 97
processing.
Nuclear weapons storage sites PL 106-398 Sec 1306... 97
agreement.
Specification of programs and PL 106-398 Sec 1301... 95
funds.
Cooperative Threat Reduction, FY PL 107-107............ 89
2002.
States of the former Soviet Union
Funding allocations............ PL 107-107 Sec 1302... 90
Funds use limitation
Construction activities...... PL 107-107 Sec 1306... 92
Fissile material storage PL 107-107 Sec 1305... 92
facility.
Until report submission...... PL 107-107 Sec 1303... 92
Revenue use requirement........ PL 107-107 Sec 1304... 92
Specification of programs and PL 107-107 Sec 1301... 90
funds.
Cooperative Threat Reduction, FY PL 107-314............ 81
2003.
Department of Energy programs
Elimination of weapons grade PL 107-314 Sec 3151... 86
plutonium production in Russia.
States of the former Soviet Union
Funding allocations............ PL 107-314 Sec 1302... 82
Funds use limitation
Fissile material storage PL 107-314 Sec 1305... 84
facility.
Until report submission...... PL 107-314 Sec 1303... 84
Limited waiver of restrictions PL 107-314 Sec 1306... 84
on use of funds.
Specification of programs and PL 107-314 Sec 1301... 82
funds.
Cooperative Threat Reduction, FY PL 108-136............ 72
2004.
Nuclear security initiative
Management assessment of threat PL 108-136 Sec 3611... 79
reduction and nonproliferation
programs.
States of the former Soviet Union
Biological research PL 108-136 Sec 1304... 75
restrictions.
Certification on use of PL 108-136 Sec 1307... 77
facilities.
Chemical weapons destruction PL 108-136 Sec 1306... 77
facility in Russia funding
limitation waiver.
Funding allocations............ PL 108-136 Sec 1302... 73
Funds use authority............ PL 108-136 Sec 1308... 78
Cooperative Threat Reduction, FY
2004--Continued
States of the former Soviet
Union--Continued
On-site manager requirements... PL 108-136 Sec 1305... 76
Permit requirements............ PL 108-136 Sec 1303... 74
Specification of programs and PL 108-136 Sec 1301... 73
funds.
Cooperative Threat Reduction, FY PL 108-375............ 69
2005.
States of the former Soviet Union
Funding allocations............ PL 108-375 Sec 1302... 70
Specification of programs and PL 108-375 Sec 1301... 70
funds.
Cooperative Threat Reduction, FY PL 109-163............ 65
2006.
States of the former Soviet Union
Elimination of impediments to PL 109-163 Sec 1304... 67
programs, report.
Funding allocations............ PL 109-163 Sec 1302... 66
Specification of programs and PL 109-163 Sec 1301... 66
funds.
Cooperative Threat Reduction, FY PL 109-364............ 61
2007.
States of the former Soviet Union
Biological weapons PL 109-364 Sec 1304... 63
proliferation prevention,
National Academy of Sciences
study.
Funding allocations............ PL 109-364 Sec 1302... 62
Specification of programs and PL 109-364 Sec 1301... 62
funds.
Cooperative Threat Reduction, FY PL 110-181............ 51
2008.
States of the former Soviet Union
Biological weapons PL 110-181 Sec 1308... 56
proliferation prevention,
National Academy of Sciences
study.
Chemical weapons destruction at PL 110-181 Sec 1307... 55
Shchuch'ye, Russia, report.
Funding allocations............ PL 110-181 Sec 1302... 52
New initiatives
Funding...................... PL 110-181 Sec 1306(d) 55
National Academy of Sciences PL 110-181 Sec 1306(b) 55
study.
Secretary of Defense report.. PL 110-181 Sec 1306(c) 55
Sense of Congress............ PL 110-181 Sec 1306(a) 54
Restrictions on assistance PL 110-181 Sec 1304... 53
repeal.
Specification of programs and PL 110-181 Sec 1301... 52
funds.
Cooperative Threat Reduction, FY PL 110-417............ 47
2009.
Funding allocations.............. PL 110-417 Sec 1302... 48
Specifications of programs and PL 110-417 Sec 1301... 47
funds.
Cooperative Threat Reduction
Appropriations, FY 2009
Cooperative threat reduction PL 110-329 Title II... 50
account.
Cooperative Threat Reduction PL 110-53............. 58
Authorization in Response to 9/11
Commission Recommendations, FY
2008.
Findings......................... PL 110-53 Sec 1801.... 58
Weapons of mass destruction
proliferation and terrorism
prevention
Assistance to accelerate
programs
Appropriations authorization, PL 110-53 Sec 1832.... 59
2008.
PL 110-53 Sec 1833.... 60
Statement of policy.......... PL 110-53 Sec 1831.... 59
Repeal and modification of PL 110-53 Sec 1811.... 58
assistance limitations.
Cooperative Threat Reduction
Program
Appropriations authorization, PL 110-53 Sec 1832.... 59
2008.
Council of the Organization of
American States
Privileges to representatives of PL 82-486............. 982
member states.
Crime prevention
Foreign missions
Protection reimbursements, EO 12478.............. 998
transfer of authority to the
Secretary of State.
Protection and Prevention of 18 USC................ 988
Crimes Against Internationally
Protected Persons.
Conspiracy to murder........... 18 USC Sec 1117....... 993
Kidnapping..................... 18 USC Sec 1201....... 993
Murder or manslaughter......... 18 USC Sec 1116....... 991
Property occupied by foreign 18 USC Sec 970........ 990
governments.
Protection of foreign officials 18 USC Sec 112........ 988
and official guests.
Threats and extortion.......... 18 USC Sec 878........ 990
Protection of Foreign Diplomatic
Missions by the United States
Secret Service
Powers, authorities and duties 18 USC Sec 3056A...... 996
of Uniformed Division
Criminal Court, International. See
International Criminal Court
Croatia
Designation as eligible to PL 110-17 Sec 4....... 814
receive NATO assistance.
CTR. See Cooperative Threat
Reduction
Cuban Resolution................... PL 87-733............. 795
D
Defense, Department of. See also
Department of Defense
Authorization Acts; National
Defense Authorization Acts;
Secretary of Defense
Chemical Weapons Convention EO 13128.............. 371
implementation.
Consultation concerning exports.. PL 83-703 Sec 133..... 460
Export controls
Activities authority........... PL 105-261 Sec 1521... 607
Nonproliferation activities, PL 102-484 Sec 1503... 338
report.
Notification of Committees on PL 110-417 Sec 1062... 532
Armed Services with respect to
nonproliferation and
proliferation activities.
Nuclear material information PL 83-703 Sec 143..... 465
control.
Nuclear security initiative
Management assessment of threat PL 108-136 Sec 3611... 79
reduction and nonproliferation
programs.
Nuclear weapons, report.......... PL 110-417 Sec 1044... 530
Weapons of mass destruction
proliferation and terrorism
prevention programs
Appropriations authorization, PL 110-53 Sec 1832.... 59
2008.
Defense Against Weapons of Mass PL 104-201............ 308
Destruction Act of 1996.
Allocation transfers among PL 104-201 Sec 1452... 322
cooperative threat reduction
programs.
Assistance to states of former PL 104-201 Sec 1453... 323
Soviet Union, sense of Congress.
Chemical, biological, PL 104-201 Sec 1414... 313
radiological, nuclear and high-
yield explosives response team.
Comprehensive preparedness PL 104-201 Sec 1443... 321
program.
Contracting policy, sense of PL 104-201 Sec 1451... 322
Congress.
Criminal penalties, sense of PL 104-201 Sec 1423... 317
Congress.
Definitions...................... PL 104-201 Sec 1403... 311
Defense Against Weapons of Mass
Destruction Act of 1996--Continued
Detection equipment procurement PL 104-201 Sec 1421... 317
for U.S. border security.
Emergency preparedness testing PL 104-201 Sec 1415... 313
for nuclear, radiological,
chemical and biological weapons.
Findings......................... PL 104-201 Sec 1402... 309
International border security.... PL 104-201 Sec 1424... 318
Military assistance to civilian PL 104-201 Sec 1416... 315
law enforcement officials in
emergency situations.
National Coordinator for PL 104-201 Sec 1441... 319
Nonproliferation Matters.
National Security Council PL 104-201 Sec 1442... 320
Committee on Nonproliferation.
Nuclear, chemical and biological PL 104-201 Sec 1413... 312
emergency response.
Plutonium production elimination. PL 104-201 Sec 1432... 318
Policy termination............... PL 104-201 Sec 1444... 322
Purchase, packaging and PL 104-201 Sec 1455... 323
transportation of fissile
materials at risk of theft,
sense of Congress.
Purchase of low-enriched uranium PL 104-201 Sec 1454... 323
derived from Russian highly
enriched uranium.
Rapid response information system PL 104-201 Sec 1417... 316
Response to threats of terrorist PL 104-201 Sec 1411... 311
incidents.
Defense Against Weapons of Mass PL 105-261............ 296
Destruction Act of 1998.
Advisory panel to assess domestic PL 105-261 Sec 1405... 297
response capabilities.
Domestic preparedness for PL 105-261 Sec 1402... 296
response to threats of terrorist
use of weapons.
Threat and risk assessments...... PL 105-261 Sec 1404... 297
Defense Threat Reduction Agency
Enhancement of activities........ PL 106-65 Sec 1409.... 592
Demilitarization. See Former Soviet
Union Demilitarization Act of 1992
Demilitarization Enterprise Fund
Consultation requirement......... PL 103-160 Sec 1204(h) 146
Designation of................... PL 103-160 Sec 1204(a) 145
Eligible organizations........... PL 103-160 Sec 1204(e) 145
Experience of other Enterprise PL 103-160 Sec 1204(g) 146
Funds.
Grant authority.................. PL 103-160 Sec 1204(c) 145
Initial implementation........... PL 103-160 Sec 1204(i) 146
Operational provisions........... PL 103-160 Sec 1204(f) 145
Purpose of....................... PL 103-160 Sec 1204(b) 145
Risk capital funding............. PL 103-160 Sec 1204(d) 145
Termination of designation....... PL 103-160 Sec 1204(j) 146
Department of Defense Authorization PL 98-525............. 716
Act, FY 1985.
Biological and chemical weapon PL 98-525 Sec 1109.... 720
verification programs, sense of
Congress.
Nuclear risk reduction centers PL 98-525 Sec 1108.... 719
establishment in the United
States and Soviet Union, sense
of Congress.
Nuclear winter findings and PL 98-525 Sec 1107.... 718
policy implications, report.
Soviet compliance with arms PL 98-525 Sec 1106.... 718
control agreements, report.
Strategic nuclear submarine PL 98-525 Sec 1101.... 716
force, report.
Tactical nuclear warheads PL 98-525 Sec 1104.... 717
withdrawal from Europe, report.
Theater nuclear weapons and force PL 98-525 Sec 1103.... 716
structure, report.
Department of Defense Authorization
Act, FY 1985--Continued
Treaties to prevent nuclear PL 98-525 Sec 1111.... 723
testing policy.
U.S. counterforce capability, PL 98-525 Sec 1105.... 717
report.
U.S. pursuit of outstanding arms PL 98-525 Sec 1110.... 721
control compliance, sense of
Congress.
Department of Defense Authorization PL 99-145............. 711
Act, FY 1986.
Arms control verification PL 99-145 Sec 1003.... 713
capabilities, study.
Compliance with existing PL 99-145 Sec 1001.... 711
strategic offensive arms
agreements policy.
Exchange of high-ranking military PL 99-145 Sec 1005.... 714
and civilian personnel with the
Soviet Union pilot program.
Nuclear winter findings and PL 99-145 Sec 1006.... 714
policy implications, report.
United States-Soviet negotiations PL 99-145 Sec 1004.... 714
on reduction in nuclear arms,
sense of Congress.
Department of Defense Authorization PL 99-661............. 707
Act, FY 1987.
Chairman of the Joint Chiefs of PL 99-661 Sec 1003.... 708
Staff on U.S. non-compliance
with strategic arms agreements,
report.
Nuclear risk reduction centers PL 99-661 Sec 1004.... 709
support, sense of Congress.
Nuclear testing, sense of PL 99-661 Sec 1002.... 707
Congress.
SALT II compliance, sense of PL 99-661 Sec 1001.... 707
Congress.
Department of Energy Act of 1978,
Civilian Applications
Reports.......................... PL 95-238 Sec 203..... 403
PL 95-238 Sec 208..... 403
Department of State Authorities Act
of 2006
Diplomatic privileges for the PL 109-472 Sec 7...... 987
Permanent Observer Mission of
the Holy See to the United
Nations.
Department of State Authorization PL 107-228............ 945
Act, FY 2003.
United Nations
Department of State efforts to PL 107-228 Sec 409.... 948
place U.S. citizens in
positions of employment.
Membership of United States in PL 107-228 Sec 407.... 947
UNESCO, sense of Congress.
Promotion of sound financial PL 107-228 Sec 404.... 946
practices.
Secret ballot use.............. PL 107-228 Sec 406.... 947
U.S. membership on Commission PL 107-228 Sec 408.... 947
on Human Rights and
International Narcotics
Control Board.
Deputy Under Secretary of Defense
for Technology Security Policy
Export control................... PL 105-261 Sec 1521... 607
Diplomatic immunity. See Diplomatic
Relations Act
Diplomatic missions in the United
States. See Foreign diplomatic
missions
Diplomatic reciprocity
Equivalency of representation PL 98-618 Sec 601..... 1014
between United States and
hostile powers, sense of
Congress.
Soviet employees at United States PL 99-93 Sec 136...... 1016
diplomatic and consular missions
in the Soviet Union.
Diplomatic Relations Act........... PL 95-393............. 1011
Diplomatic Relations Act--Continued
Authority to extend more or less PL 95-393 Sec 4....... 1012
favorable treatment.
Definitions...................... PL 95-393 Sec 2....... 1011
Direct actions against insurers PL 95-393 Sec 7....... 1013
of members of diplomatic
missions and their families.
Dismissal of actions against PL 95-393 Sec 5....... 1012
individuals entitled to immunity.
Liability insurance requirement.. PL 95-393 Sec 6....... 1012
Vienna Convention................ PL 95-393 Sec 3....... 1012
Diplomats, foreign. See Diplomatic
Relations Act; Foreign diplomats
Disarmament. See Arms control
Drug control
U.S. membership on United Nations PL 107-228 Sec 408.... 947
International Narcotics Control
Board.
Duncan Hunter National Defense
Authorization Act, FY 2009. See
Cooperative Threat Reduction, FY
2009; National Defense
Authorization Act, FY 2009
E
Early warning systems
Enhanced collaboration for more PL 108-136 Sec 3624... 212
reliable Russian systems, sense
of Congress.
Implementing the U.S. proposal in PL 94-110............. 804
Sinai.
Eastern Europe
Nuclear weapons reduction policy. PL 102-484 Sec 1321... 666
Egypt
Multinational Force and Observers PL 97-132............. 798
Participation Resolution.
Definitions.................... PL 97-132 Sec 8....... 802
Nonreimbursed costs............ PL 97-132 Sec 5....... 800
Participation of U.S. personnel PL 97-132 Sec 3....... 799
Reports........................ PL 97-132 Sec 6....... 801
Statement of policy............ PL 97-132 Sec 2....... 798
Statements of congressional PL 97-132 Sec 7....... 802
intent.
U.S. contributions to costs.... PL 97-132 Sec 4....... 799
Embassies. See also Foreign
diplomatic missions
Soviet employees at U.S. PL 99-93 Sec 136...... 1016
diplomatic and consular missions
in the Soviet Union.
Emergencies. See National
Emergencies Act
Energy, Department of
Chemical Weapons Convention EO 13128.............. 371
implementation.
Department of Energy Act of 1978, PL 95-238 Sec 203..... 403
Civilian Applications, reports.
PL 95-238 Sec 208..... 403
Global initiatives for PL 110-417 Sec 3116... 536
proliferation prevention
program, review and reports.
Global nuclear energy PL 110-417 Sec 3117... 537
partnership, limitation on
availability of funds.
International Materials PL 107-314 Sec 3156... 571
Protection, Control and
Accounting Program.
International nuclear materials PL 108-136 Sec 3124... 565
protection and cooperation
program funds use outside the
former Soviet Union.
National security programs
Elimination of weapons grade PL 107-314 Sec 3151... 86
plutonium production in Russia.
Enhancing nuclear forensics PL 110-417 Sec 3114... 535
capabilities.
Nonproliferation activities, PL 102-484 Sec 1503... 338
report.
Energy, Department of--Continued
Nonproliferation monitoring, PL 106-398 Sec 3173... 585
report.
Nuclear security initiative
Management assessment of threat PL 108-136 Sec 3611... 79
reduction and nonproliferation
programs.
...................... 209
On-site managers................. PL 108-136 Sec 3125... 566
Reduction of excessive PL 108-136 Sec 3122... 564
unobligated or unexpended
balances for defense nuclear
nonproliferation activities,
report.
Weapons-grade uranium and PL 108-136 Sec 3123... 564
plutonium of the former Soviet
Union, study and report.
Weapons of mass destruction
proliferation and terrorism
prevention programs
Appropriations authorization, PL 110-53 Sec 1833.... 60
2008.
Enrichment Oversight Committee..... EO 13085.............. 510
Domestic enrichment services..... EO 13085 Sec 6........ 512
Establishment.................... EO 13085 Sec 1........ 510
Foreign ownership, control or EO 13085 Sec 5........ 511
influence.
HEU Agreement oversight.......... EO 13085 Sec 4........ 511
Nuclear Regulatory Commission EO 13085 Sec 7........ 512
coordination.
Objectives....................... EO 13085 Sec 2........ 510
Organization..................... EO 13085 Sec 3........ 510
Environmental issues
Notification to Congress of IAEA PL 109-401 Sec 251.... 202
Board approval of sampling.
Panama Canal Joint Commission on PL 96-70 Sec 1106..... 865
the Environment.
United Nations Environment
Program
Appropriations authorization... PL 93-188............. 971
U.S. obligations under Chemical PL 105-85 Sec 1307.... 621
Weapons Convention and
environmental laws, sense of
Congress.
Estonia
NATO membership, sense of PL 104-208 Sec 605.... 826
Congress.
EURATOM Cooperation Act of 1958.... PL 85-846............. 514
Appropriations authorization..... PL 85-846 Sec 3....... 514
PL 85-846 Sec 4....... 515
Definitions...................... PL 85-846 Sec 2....... 514
Liability........................ PL 85-846 Sec 7....... 517
Purchase authority............... PL 85-846 Sec 6....... 516
Sale or lease authority.......... PL 85-846 Sec 5....... 516
European Atomic Energy Community.
See EURATOM Cooperation Act of
1958
European Central Bank
Immunities, exemptions and PL 79-291 Sec 15...... 981
privileges.
European Security Act of 1998...... PL 105-277............ 816
Authorities relating to NATO PL 105-277 Sec 2703... 818
enlargement.
Ballistic missile defense PL 105-277 Sec 2705... 820
restrictions and requirements.
Statement of policy.............. PL 105-277 Sec 2702... 816
Treaty on Conventional Armed PL 105-277 Sec 2704... 819
Forces in Europe, sense of
Congress.
European Space Agency
Immunities, exemptions and PL 79-291 Sec 11...... 979
privileges.
Expanded Threat Reduction
Initiative
Report to Congress............... PL 106-65 Sec 1309.... 108
Exports
Arms control
Chemical and biological weapons PL 102-182 Sec 304.... 351
controls.
Department of Commerce weapons EO 12938 Sec 3........ 366
of mass destruction controls.
Exports--Continued
Arms control--Continued
Enhanced multilateral controls. PL 106-65 Sec 1408.... 592
License functions resources.... PL 106-65 Sec 1403.... 589
Automated Export System
Definitions.................... PL 106-113 Sec 1256... 260
Department of State licensing PL 106-113 Sec 1255... 259
procedures acceleration.
Mandatory use.................. PL 106-113 Sec 1252... 258
Report to Congress............. PL 106-113 Sec 1254... 259
Voluntary use, sense of PL 106-113 Sec 1253... 259
Congress.
Controls, sense of Congress...... PL 104-201 Sec 1308... 631
Department of Defense control PL 105-261 Sec 1521... 607
activities authority.
Deputy Under Secretary of Defense PL 105-261 Sec 1521... 607
for Technology Security Policy.
High-performance computers to PL 106-65 Sec 1406.... 591
People's Republic of China,
report.
Landmine moratorium.............. PL 102-484 Sec 1365... 669
Nuclear export reporting PL 105-261 Sec 1523... 608
requirement.
Nuclear material
Conduct resulting in PL 83-703 Sec 129..... 448
termination.
Consultation with Department of PL 83-703 Sec 133..... 460
Defense.
Criteria governing U.S. PL 83-703 Sec 127..... 446
material.
Criterion and procedures....... PL 83-703 Sec 128..... 447
Licensing procedures........... PL 83-703 Sec 126..... 441
Low-enriched uranium fuel...... PL 96-280............. 400
Nonproliferation controls...... PL 95-242 Sec 309..... 387
PL 95-242 Sec 402..... 388
Nonproliferation licensing PL 95-242 Sec 304..... 386
procedures.
Restrictions................... PL 83-703 Sec 134..... 460
Special material and components EO 12055.............. 402
to India.
EO 12218.............. 401
Nuclear materials control PL 107-314 Sec 3159... 572
programs.
Release of information by PL 105-261 Sec 1522... 608
Department of Commerce to other
agencies for national security
assessment.
Satellites
Certification of missile PL 105-261 Sec 1512... 602
equipment or technology to
China.
Licensing...................... PL 106-65 Sec 1404.... 590
Manufacturer violations........ PL 106-65 Sec 1412.... 595
National security controls on PL 105-261 Sec 1514... 603
licensing.
People's Republic of China PL 105-261 Sec 1515... 605
launching, report.
Related items defined.......... PL 105-261 Sec 1516... 605
Sense of Congress.............. PL 105-261 Sec 1511... 601
United States Munitions List... PL 105-261 Sec 1513... 602
Extradition Treaties Interpretation
Act of 1998
Findings......................... PL 105-323 Sec 202.... 1036
Interpretation of treaties....... PL 105-323 Sec 203.... 1036
F
Federal Bureau of Investigation
Chemical Weapons Convention PL 106-113 Sec 1117... 34
Implementation Act
implementation.
Floyd D. Spence National Defense
Authorization Act, FY 2001. See
Cooperative Threat Reduction, FY
2001; National Defense
Authorization Act, FY 2001
Foreign diplomatic missions
Protection of
Property occupied by foreign 18 USC Sec 970........ 990
governments.
Transfer of authority to the EO 12478.............. 998
Secretary of State to make
reimbursements.
United States Secret Service 18 USC Sec 3056A...... 996
powers, authorities and duties.
Foreign diplomats
Protection and Prevention of 18 USC................ 988
Crimes Against Internationally
Protected Persons.
Conspiracy to murder........... 18 USC Sec 1117....... 993
Kidnapping..................... 18 USC Sec 1201....... 993
Murder or manslaughter......... 18 USC Sec 1116....... 991
Property occupied by foreign 18 USC Sec 970........ 990
governments.
Protection of foreign officials 18 USC Sec 112........ 988
and official guests.
Threats and extortion.......... 18 USC Sec 878........ 990
Foreign Relations Authorization
Act, FY 1998 and 1999
Appropriate congressional PL 105-277 Sec 2002... 36
committees, defined.
Foreign Relations Authorization
Act, FY 2000 and 2001. See Arms
Control and Nonproliferation Act
of 1999; National Security and
Corporate Fairness under the
Biological Weapons Convention Act;
Proliferation Prevention
Enhancement Act of 1999; United
Nations Reform Act of 1999
Foreign Relations Authorization
Act, FY 2003. See also Department
of State Authorization Act, FY
2003
Nonproliferation provisions...... PL 107-228............ 234
Chemical Weapons Convention PL 107-228 Sec 1605... 236
compliance.
Detailing U.S. governmental PL 107-228 Sec 1603... 235
personnel to international
organizations.
Diplomatic presence overseas... PL 107-228 Sec 1604... 235
Real-time availability of PL 107-228 Sec 1602... 235
seismological data.
South Asia nuclear and missile PL 107-228 Sec 1601... 234
nonproliferation.
Foreign Relations Authorization
Acts
U.N. provisions.................. Note.................. 968
Foreign sovereign immunities....... 28 USC................ 999
Actions against foreign states... 28 USC Sec 1330....... 999
Counterclaims.................... 28 USC Sec 1607....... 1005
Default.......................... 28 USC Sec 1608....... 1006
Definitions...................... 28 USC Sec 1603....... 1000
Exceptions to the immunity from 28 USC Sec 1610....... 1007
attachment or execution.
Exceptions to the jurisdictional 28 USC Sec 1605....... 1001
immunity of a foreign state.
Extent of liability.............. 28 USC Sec 1606....... 1005
Findings and declaration of 28 USC Sec 1602....... 1000
purpose.
Immunity from attachment and 28 USC Sec 1609....... 1007
execution of property of a
foreign state.
Immunity of a foreign state from 28 USC Sec 1604....... 1000
jurisdiction.
Service.......................... 28 USC Sec 1608....... 1006
Foreign sovereign immunities--
Continued
Time to answer................... 28 USC Sec 1608....... 1006
Types of property immune from 28 USC Sec 1611....... 1010
execution.
Former Soviet Union PL 102-484............ 161
Demilitarization Act of 1992.
Administration of programs....... PL 102-484 Sec 1421... 164
Authorization of programs........ PL 102-484 Sec 1412... 162
Findings......................... PL 102-484 Sec 1411... 161
Freedom for Russia and Emerging
Eurasian Democracies and Open
Markets Support Act of 1992. See
FREEDOM Support Act
FREEDOM Support Act................ PL 102-511............ 149
Nonproliferation and disarmament
programs
Appropriate congressional PL 102-511 Sec 508(c). 155
committees defined.
Defense conversion authorities PL 102-511 Sec 505.... 153
funding limitations.
Eligibility for funds.......... PL 102-511 Sec 502.... 150
Findings....................... PL 102-511 Sec 501.... 149
Funding authorization.......... PL 102-511 Sec 504.... 152
Funding provisions waiver...... PL 102-511 Sec 507.... 154
International Nonproliferation PL 102-511 Sec 509.... 155
Initiative.
Notice of proposed obligations. PL 102-511 Sec 508(a). 154
Report to Congress............. PL 102-511 Sec 508(b). 155
Research and Development PL 102-511 Sec 511.... 158
Foundation.
Soviet weapons destruction..... PL 102-511 Sec 506.... 153
Special nuclear materials, PL 102-511 Sec 510.... 158
report.
States of the former Soviet PL 102-511 Sec 503.... 150
Union.
FYROM. See Macedonia
G
Geneva Conventions
Common Article 3 interpretation EO 13440.............. 764
as applied to a program of
detention and interrogation.
Assignment of function......... EO 13440 Sec 4........ 766
Definitions.................... EO 13440 Sec 2........ 764
Determinations................. EO 13440 Sec 1........ 764
Program compliance............. EO 13440 Sec 3........ 765
Provisions..................... EO 13440 Sec 5........ 766
Georgia
Designation as eligible to PL 110-17 Sec 4....... 814
receive NATO assistance.
Germany
Nuclear material cooperation..... PL 83-703 Sec 125..... 441
Global Fund to Fight AIDS,
Tuberculosis and Malaria
Immunities, exemptions and PL 79-291 Sec 16...... 981
privileges.
Global Threat Reduction Initiative
Appropriations authorization, PL 110-53 Sec 1833.... 60
2008.
H
Haiti
United States policy toward Haiti PL 103-423............ 767
Human rights, report........... PL 103-423 Sec 4...... 769
Presidential statement of PL 103-423 Sec 2...... 767
national security objectives.
Report......................... PL 103-423 Sec 3...... 768
U.N. mission transition........ PL 103-423 Sec 6...... 769
Haiti--Continued
United States policy toward
Haiti--Continued
U.S. agreements, report........ PL 103-423 Sec 5...... 769
United States Armed Forces PL 103-423 Sec 1...... 767
operations, sense of Congress.
Health, children
Child health revolution.......... PL 98-198............. 1046
Henry J. Hyde United States-India
Peaceful Atomic Energy Cooperation
Act of 2006. See United States-
India Peaceful Atomic Energy
Cooperation Act of 2006
Herbicides
Renunciation of war use.......... EO 11850.............. 359
HEU Agreements. See Highly Enriched
Uranium Agreements
Highly Enriched Uranium Agreements
Conversion provisions............ EO 13159.............. 373
Oversight Subcommittee........... EO 13085 Sec 4........ 511
Hong Kong Economic and Trade PL 105-22 Sec 1....... 986
Offices.
Hostile governments
Policy toward certain agents of PL 98-618 Sec 601..... 1014
foreign governments, sense of
Congress.
Human rights
Haiti, reports................... PL 103-423 Sec 4...... 769
U.S. membership on United Nations PL 107-228 Sec 408.... 947
Commission on Human Rights.
Hunter National Defense
Authorization Act, FY 2009. See
Cooperative Threat Reduction, FY
2009; National Defense
Authorization Act, FY 2009
Hyde United States-India Peaceful
Atomic Energy Cooperation Act of
2006. See United States-India
Peaceful Atomic Energy Cooperation
Act of 2006
I
IAEA. See International Atomic
Energy Agency
Immunities. See also Diplomatic
Relations Act
Foreign sovereign immunities..... 28 USC................ 999
Actions against foreign states. 28 USC Sec 1330....... 999
Counterclaims.................. 28 USC Sec 1607....... 1005
Default........................ 28 USC Sec 1608....... 1006
Definitions.................... 28 USC Sec 1603....... 1000
Exceptions to the immunity from 28 USC Sec 1610....... 1007
attachment or execution.
Exceptions to the 28 USC Sec 1605....... 1001
jurisdictional immunity of a
foreign state.
Extent of liability............ 28 USC Sec 1606....... 1005
Findings and declaration of 28 USC Sec 1602....... 1000
purpose.
Immunity from attachment and 28 USC Sec 1609....... 1007
execution of property of a
foreign state.
Immunity of a foreign state 28 USC Sec 1604....... 1000
from jurisdiction.
Service........................ 28 USC Sec 1608....... 1006
Time to answer................. 28 USC Sec 1608....... 1006
Types of property immune from 28 USC Sec 1611....... 1010
execution.
International organizations
Council of the Organization of PL 82-486............. 982
American States
representatives of member
states.
Immunities--Continued
International organizations--
Continued
Hong Kong Economic and Trade PL 105-22 Sec 1....... 986
Offices.
International Development Law PL 102-511 Sec 805.... 985
Institute.
Mission of the Commission of PL 92-499............. 983
the European Communities.
International Organizations PL 79-291............. 973
Immunities Act.
African Union.................. PL 79-291 Sec 12...... 980
Conditions..................... PL 79-291 Sec 9....... 979
Customs duties................. PL 79-291 Sec 3....... 976
European Central Bank.......... PL 79-291 Sec 15...... 981
European Space Agency.......... PL 79-291 Sec 11...... 979
Foreign government PL 79-291 Sec 7....... 977
representatives.
Global Fund to Fight AIDS, PL 79-291 Sec 16...... 981
Tuberculosis and Malaria.
Immunities, exemptions and PL 79-291 Sec 2....... 976
privileges.
International Committee of the PL 79-291 Sec 13...... 980
Red Cross.
International Labor PL 79-291 Sec 12...... 980
Organization.
International organizations PL 79-291 Sec 1....... 973
defined.
International Union for PL 79-291 Sec 14...... 980
Conservation of Nature and
Natural Resources.
Notification................... PL 79-291 Sec 8....... 979
Organization of Eastern PL 79-291 Sec 11...... 979
Caribbean States.
Property tax exemptions........ PL 79-291 Sec 6....... 977
Tax exemptions................. PL 79-291 Sec 5....... 977
United Nations Industrial PL 79-291 Sec 12...... 980
Development Organization.
Liaison Office of the People's PL 93-22.............. 984
Republic of China.
Permanent Observer Mission of the PL 109-472 Sec 7...... 987
Holy See to the United Nations.
Implementation of the Convention on
the Civil Aspects of International
Child Abduction
Central Authority designation.... EO 12648 Sec 1........ 1045
Implementing Recommendations of the PL 110-53............. 58
9/11 Commission Act of 2007.
...................... 178
Weapons of mass destruction
proliferation and terrorism
prevention
Assistance to accelerate
programs
Appropriations authorization, PL 110-53 Sec 1833.... 60
2008.
...................... 185
Appropriations authorization, PL 110-53 Sec 1832.... 59
2008 and future years.
...................... 184
Statement of policy.......... PL 110-53 Sec 1831.... 59
...................... 184
Commission on the Prevention of
Weapons of Mass Destruction
Proliferation and Terrorism
Composition of............... PL 110-53 Sec 1853.... 189
Establishment of............. PL 110-53 Sec 1851.... 188
Funding...................... PL 110-53 Sec 1859.... 192
Nonapplicability of Federal PL 110-53 Sec 1856.... 191
Advisory Committee Act.
Powers of.................... PL 110-53 Sec 1855.... 190
Implementing Recommendations of the
9/11 Commission Act of 2007--
Continued
Weapons of mass destruction
proliferation and terrorism
prevention--Continued
Commission on the Prevention of
Weapons of Mass Destruction
Proliferation and Terrorism--
Continued
Purposes of.................. PL 110-53 Sec 1852.... 188
Report....................... PL 110-53 Sec 1857.... 192
Responsibilities of.......... PL 110-53 Sec 1854.... 189
Termination.................. PL 110-53 Sec 1858.... 192
Definitions.................... PL 110-53 Sec 1802.... 179
Findings....................... PL 110-53 Sec 1801.... 58
...................... 179
Office of the United States PL 110-53 Sec 1841.... 185
Coordinator for the Prevention
of Weapons of Mass Destruction
Proliferation and Terrorism.
Proliferation Security
Initiative
Authority to provide PL 110-53 Sec 1822.... 183
assistance to cooperative
countries.
Improvements and authorities. PL 110-53 Sec 1821.... 181
Repeal and modification of PL 110-53 Sec 1811.... 58
assistance limitations.
...................... 180
United States-Russia PL 110-53 Sec 1842.... 188
cooperation and coordination,
sense of Congress.
Implementing the U.S. Proposal for PL 94-110............. 804
the Early-Warning System in Sinai.
India
Export of special nuclear EO 12055.............. 402
material and components.
EO 12218.............. 401
United States Additional Protocol PL 109-401............ 193
Implementation Act.
Appropriations authorization... PL 109-401 Sec 281.... 205
Authority...................... PL 109-401 Sec 211.... 196
Complementary access
Authority requirement........ PL 109-401 Sec 221.... 196
Consents and warrants........ PL 109-401 Sec 223.... 198
Procedures for............... PL 109-401 Sec 222.... 197
Prohibited acts.............. PL 109-401 Sec 224.... 199
Confidentiality of information. PL 109-401 Sec 231.... 199
Definitions.................... PL 109-401 Sec 203.... 194
Enforcement.................... PL 109-401 Sec 243.... 202
Environmental sampling
National security exclusion PL 109-401 Sec 252.... 202
application.
Notification to Congress of PL 109-401 Sec 251.... 202
IAEA Board approval.
Rule of construction......... PL 109-401 Sec 254.... 203
Findings....................... PL 109-401 Sec 202.... 193
IAEA inspections and visits.... PL 109-401 Sec 262.... 204
Penalties...................... PL 109-401 Sec 242.... 200
Protection of national security PL 109-401 Sec 261.... 203
information.
Recordkeeping violations....... PL 109-401 Sec 241.... 200
Reports
Content of reports on U.S. PL 109-401 Sec 273.... 204
declarations.
Efforts to promote PL 109-401 Sec 274.... 205
implementation of additional
protocols.
IAEA notifications........... PL 109-401 Sec 275.... 205
Initial U.S. declaration..... PL 109-401 Sec 271.... 204
India--Continued
United States Additional Protocol
Implementation Act--Continued
Reports--Continued
Revisions to initial U.S. PL 109-401 Sec 272.... 204
declaration.
Severability................... PL 109-401 Sec 204.... 196
United States-India Nuclear PL 110-369............ 477
Cooperation Approval and
Nonproliferation Enhancement Act.
Additional protocol with the PL 110-369 Sec 103.... 479
IAEA.
Agreement approval............. PL 110-369 Sec 101.... 478
Certification requirement...... PL 110-369 Sec 102(c). 479
Definitions.................... PL 110-369 Sec 2...... 477
Policy declarations............ PL 110-369 Sec 102(a). 478
PL 110-369 Sec 102(b). 478
Procedures regarding subsequent PL 110-369 Sec 201.... 480
reprocessing arrangement.
Rule of construction........... PL 110-369 Sec 102(d). 479
Safeguard agreement PL 110-369 Sec 104.... 479
implementation with the IAEA.
U.S. policy at the Nuclear PL 110-369 Sec 204.... 480
Suppliers Group.
United States-India Peaceful PL 109-401............ 482
Atomic Energy Cooperation Act of
2006.
Compliance with nuclear PL 109-401 Sec 105.... 496
nonproliferation treaty
obligations.
Congressional approval......... PL 109-401 Sec 104.... 485
Definitions.................... PL 109-401 Sec 110.... 497
Inoperability of determination PL 109-401 Sec 106.... 496
and waivers.
MTCR adherent status........... PL 109-401 Sec 107.... 496
Policy statements.............. PL 109-401 Sec 103.... 484
Scientific cooperative nuclear PL 109-401 Sec 109.... 497
nonproliferation program.
Sense of Congress.............. PL 109-401 Sec 102.... 482
Waiver authority............... PL 109-401 Sec 104.... 485
INF Treaty. See Intermediate-Range
Nuclear Forces Treaty
Intelligence Authorization Act, FY
1997. See Combatting Proliferation
of Weapons of Mass Destruction Act
of 1996
Intercountry Adoption Act of 2000.. PL 106-279............ 1017
Accreditation or approval
Process........................ PL 106-279 Sec 202.... 1023
Requirements................... PL 106-279 Sec 201.... 1022
Secretary of State oversight... PL 106-279 Sec 204.... 1027
Standards and procedures....... PL 106-279 Sec 203.... 1024
Appropriations authorization..... PL 106-279 Sec 403.... 1032
Children emigrating from the PL 106-279 Sec 303.... 1030
United States.
Children immigrating to the PL 106-279 Sec 301.... 1029
United States.
Definitions...................... PL 106-279 Sec 3...... 1017
Documents of other countries..... PL 106-279 Sec 402.... 1032
Enforcement...................... PL 106-279 Sec 404.... 1033
Fees collection.................. PL 106-279 Sec 403.... 1032
Findings and purposes............ PL 106-279 Sec 2...... 1017
No private right of action....... PL 106-279 Sec 504.... 1034
Recognition of adoptions......... PL 106-279 Sec 501.... 1034
Records access................... PL 106-279 Sec 401.... 1031
Relationship to other laws....... PL 106-279 Sec 503.... 1034
Special rules.................... PL 106-279 Sec 502.... 1034
Transition rule.................. PL 106-279 Sec 505.... 1035
United States Central Authority
Attorney General PL 106-279 Sec 103.... 1021
responsibilities.
Designation.................... PL 106-279 Sec 101.... 1019
Report requirements............ PL 106-279 Sec 104.... 1021
Intercountry Adoption Act of 2000--
Continued
United States Central Authority--
Continued
Secretary of State PL 106-279 Sec 102.... 1019
responsibilities.
Intermediate-Range Nuclear Forces
Treaty
On-Site Inspection Agency, PL 87-297 Sec 501..... 24
establishment and
responsibilities of.
International agreements. See also
North Atlantic Treaty Organization
Alternative strategic nuclear PL 100-456 Sec 908.... 697
force for the United States.
Arms control agreements PL 104-106 Sec 1407... 641
implementation.
Arms control negotiations, PL 100-180 Sec 904.... 704
findings and declarations.
Arms control negotiations and PL 101-189 Sec 1011... 689
U.S. modernization policy, sense
of Congress.
Arms control policy implications, PL 100-180 Sec 906.... 706
report.
Chairman of the Joint Chiefs of PL 99-661 Sec 1003.... 708
Staff on U.S. non-compliance
with strategic arms agreements,
report.
Chemical Weapons Convention
Assistance for facilities PL 105-85 Sec 1303.... 616
subject to inspection.
Compliance with................ PL 107-228 Sec 1605... 236
Implementation of.............. EO 13128.............. 371
Ratification, sense of Congress PL 104-106 Sec 1406... 640
U.S. obligations, sense of PL 105-85 Sec 1307.... 621
Congress.
Chemical weapons negotiations, PL 101-189 Sec 1013... 690
sense of Congress.
Compliance with existing PL 99-145 Sec 1001.... 711
strategic offensive arms
agreements policy.
Expanding confidence-building PL 100-456 Sec 901.... 694
measures, sense of Congress.
Extradition treaties
Findings....................... PL 105-323 Sec 202.... 1036
Interpretation of treaties..... PL 105-323 Sec 203.... 1036
Five-year ABM Treaty review, PL 100-456 Sec 904.... 695
sense of Congress.
Highly Enriched Uranium
Agreements
Conversion provisions.......... EO 13159.............. 373
Indefinite extension of nuclear PL 103-337 Sec 1508... 648
non-proliferation treaty, sense
of Congress.
INF Treaty
On-Site Inspection Agency, PL 87-297 Sec 501..... 24
establishment and
responsibilities of.
Krasnoyarsk radar, findings and PL 101-189 Sec 1006... 686
sense of Congress.
Military consequences of PL 100-180 Sec 905.... 705
elimination of ballistic
missiles, report.
North Korea and the Treaty on the PL 103-160 Sec 1613... 663
Non-Proliferation of Nuclear
Weapons.
Nuclear material cooperation..... PL 83-703 Sec 123..... 435
Nuclear nonproliferation PL 103-160 Sec 1611... 659
activities.
On-site inspections under arms PL 101-189 Sec 1014... 691
control agreements.
Peaceful Nuclear Explosions
Treaty
On-Site Inspection Agency PL 87-297 Sec 501..... 25
responsibilities.
SALT II Treaty
Compliance, sense of Congress.. PL 99-661 Sec 1001.... 707
Soviet compliance with arms PL 98-525 Sec 1106.... 718
control agreements, report.
Soviet Union Compliance with PL 100-180 Sec 903.... 703
Threshold Test Ban Treaty,
report.
International agreements--Continued
START Treaties
Effect on Trident program, PL 101-189 Sec 1001... 682
report.
Funds use limitation........... PL 105-85 Sec 1404.... 121
Modernization.................. PL 101-510 Sec 1442... 679
Monitoring issues, report...... PL 106-113 Sec 1114... 33
Ratification, sense of Congress PL 104-106 Sec 1406... 640
Report required before PL 100-456 Sec 902.... 695
agreement, sense of Congress.
PL 101-189 Sec 1003... 683
Strategic nuclear delivery PL 104-106 Sec 1404... 638
systems, limitation on
retirement or dismantlement.
PL 104-201 Sec 1302... 625
PL 105-85 Sec 1302.... 613
Strategic stability under START PL 106-65 Sec 1503.... 597
III, report.
Verification conducted with PL 101-189 Sec 1002... 683
regard to mobile ICBMs, report.
Strategic arms reduction talks PL 101-510 Sec 1443... 679
agreement.
Treaties to prevent nuclear PL 98-525 Sec 1111.... 723
testing policy.
Treaty limitations on weapons PL 101-189 Sec 1007... 687
capable of threatening military
satellites, sense of Congress.
Treaty on Conventional Armed PL 105-277 Sec 2704... 819
Forces in Europe, sense of
Congress.
U.S. pursuit of outstanding arms PL 98-525 Sec 1110.... 721
control compliance, sense of
Congress.
Verification of compliance with PL 101-189 Sec 1010... 689
agreements to limit nuclear
testing, report.
Weapons treaty violations, PL 104-106 Sec 1405... 638
findings and sense of Congress.
International Atomic Energy Agency
Agreement with the United States EO 13458.............. 379
for application of safeguards.
Annual review of projects........ PL 107-228 Sec 1343... 232
Bilateral and multilateral PL 103-236 Sec 841.... 332
initiatives.
Environmental sampling, PL 109-401 Sec 251.... 202
notification to Congress of
Board approval.
India
Additional protocol with....... PL 110-369 Sec 103.... 479
Safeguard agreement PL 110-369 Sec 104.... 479
implementation.
Inspections and visits, PL 109-401 Sec 262.... 204
information protection.
Internal reforms................. PL 103-236 Sec 842.... 333
Nonproliferation and export
control assistance
Budget assessments and PL 107-228 Sec 1305... 215
voluntary contributions.
Nuclear and radiological security PL 108-136 Sec 3631... 212
and safety discussions with OECD.
Strengthening nuclear PL 95-242 Sec 201..... 385
nonproliferation safeguard
system.
International Atomic Energy Agency PL 85-177............. 521
Participation Act of 1957.
Appointments..................... PL 85-177 Sec 2....... 521
Appropriations authorization..... PL 85-177 Sec 5....... 523
Authority........................ PL 85-177 Sec 4....... 523
Federal employees................ PL 85-177 Sec 6....... 523
Senate advise and consent refusal PL 85-177 Sec 8....... 524
U.S. participation............... PL 85-177 Sec 3....... 522
International Child Abduction PL 100-300............ 1037
Remedies Act. See also
Implementation of the Convention
on the Civil Aspects of
International Child Abduction.
International Child Abduction
Remedies Act--Continued
Admissibility of documents....... PL 100-300 Sec 6...... 1040
Appropriations authorization..... PL 100-300 Sec 12..... 1044
Costs and fees................... PL 100-300 Sec 8...... 1042
Definitions...................... PL 100-300 Sec 3...... 1038
Findings and declarations........ PL 100-300 Sec 2...... 1037
Information collection, PL 100-300 Sec 9...... 1042
maintenance and dissemination.
Interagency coordinating group... PL 100-300 Sec 10..... 1043
Judicial remedies................ PL 100-300 Sec 4...... 1039
Provisional remedies............. PL 100-300 Sec 5...... 1040
United States Central Authority.. PL 100-300 Sec 7...... 1040
International Committee of the Red
Cross
Immunities, exemptions and PL 79-291 Sec 13...... 980
privileges.
International Criminal Court
American Servicemembers'
Protection Act of 2002
Authority to free members of PL 107-206 Sec 2008... 790
the United States Armed Forces
detained or imprisoned by.
Prohibition on cooperation..... PL 107-206 Sec 2004... 787
Prohibition on transfer of PL 107-206 Sec 2006... 789
classified national security
and law enforcement
information.
International Development Law
Institute
Diplomatic privileges............ PL 102-511 Sec 805.... 985
International Labor Organization
Immunities, exemptions and PL 79-291 Sec 12...... 980
privileges.
International Materials Protection,
Control and Accounting program
Appropriations authorization, PL 110-53 Sec 1833.... 60
2008.
International Narcotics Control
Board
U.S. membership.................. PL 107-228 Sec 408.... 947
International Nonproliferation
Initiative
Activities assistance provided PL 102-511 Sec 509(b). 156
for.
Assistance for activities........ PL 102-511 Sec 509(a). 155
Assistance forms................. PL 102-511 Sec 509(c). 156
Assistance sources............... PL 102-511 Sec 509(d). 156
Duplicative authorization PL 102-511 Sec 509(f). 157
avoidance.
Report to Congress............... PL 102-511 Sec 509(e). 157
International Nuclear Materials
Protection and Cooperation program
Contributions utilization........ PL 109-364 Sec 3114... 548
International organizations. See
also North Atlantic Treaty
Organization; Peacekeeping
activities; United Nations
Appropriations limitation on PL 92-544............. 966
contributions.
Hong Kong Economic and Trade PL 105-22 Sec 1....... 986
Offices.
International Development Law
Institute
Diplomatic privileges.......... PL 102-511 Sec 805.... 985
Mission of the Commission of the
European Communities
Diplomatic privileges.......... PL 92-499............. 983
OAS
Privileges to representatives PL 82-486............. 982
of member states.
U.S. financial contributions..... PL 81-806 Sec 2....... 965
International Organizations PL 79-291............. 973
Immunities Act.
African Union.................... PL 79-291 Sec 12...... 980
Conditions....................... PL 79-291 Sec 9....... 979
Customs duties................... PL 79-291 Sec 3....... 976
European Central Bank............ PL 79-291 Sec 15...... 981
European Space Agency............ PL 79-291 Sec 11...... 979
Foreign government PL 79-291 Sec 7....... 977
representatives.
International Organizations
Immunities Act--Continued
Global Fund to Fight AIDS, PL 79-291 Sec 16...... 981
Tuberculosis and Malaria.
Immunities, exemptions and PL 79-291 Sec 2....... 976
privileges.
International Committee of the PL 79-291 Sec 13...... 980
Red Cross.
International Labor Organization. PL 79-291 Sec 12...... 980
International organizations PL 79-291 Sec 1....... 973
defined.
International Union for PL 79-291 Sec 14...... 980
Conservation of Nature and
Natural Resources.
Notification..................... PL 79-291 Sec 8....... 979
Organization of Eastern Caribbean PL 79-291 Sec 11...... 979
States.
Property tax exemptions.......... PL 79-291 Sec 6....... 977
Tax exemptions................... PL 79-291 Sec 5....... 977
United Nations Industrial PL 79-291 Sec 12...... 980
Development Organization.
International Space Station
Restriction on extraordinary PL 106-178 Sec 6...... 244
payments.
International Union for
Conservation of Nature and Natural
Resources
Immunities, exemptions and PL 79-291 Sec 14...... 980
privileges.
Internationally protected persons
Protection and Prevention of 18 USC................ 988
Crimes Against Internationally
Protected Persons.
Conspiracy to murder........... 18 USC Sec 1117....... 993
Kidnapping..................... 18 USC Sec 1201....... 993
Murder or manslaughter......... 18 USC Sec 1116....... 991
Property occupied by foreign 18 USC Sec 970........ 990
governments.
Protection of foreign officials 18 USC Sec 112........ 988
and official guests.
Threats and extortion.......... 18 USC Sec 878........ 990
Iran
Capability to produce nuclear PL 110-417 Sec 1234... 534
weapons, report.
Russian proliferation to, report. PL 107-314 Sec 1206... 569
U.S. policy on nuclear programs, PL 109-364 Sec 1214... 547
sense of Congress.
Iran, North Korea and Syria PL 106-178............ 238
Nonproliferation Act.
Application of measures to PL 106-178 Sec 3...... 240
certain foreign persons.
Definitions...................... PL 106-178 Sec 7...... 247
Exemption from measures.......... PL 106-178 Sec 5...... 242
International Space Station PL 106-178 Sec 6...... 244
restriction on extraordinary
payments.
Procedures if measures are not PL 106-178 Sec 4...... 242
applied.
Reports.......................... PL 106-178 Sec 2...... 239
Iran-Iraq Arms Non-Proliferation PL 102-484............ 344
Act of 1992.
Application to Iran of certain PL 102-484 Sec 1603... 345
Iraq sanctions.
Definitions...................... PL 102-484 Sec 1608... 347
International fissile material
and warhead control
Development and demonstration PL 102-484 Sec 3153... 673
program.
Negotiations................... PL 102-484 Sec 3151... 672
Tritium production............. PL 102-484 Sec 3154... 673
Policy........................... PL 102-484 Sec 1602... 344
Reporting requirements........... PL 102-484 Sec 1607... 347
Sanctions
Against foreign countries...... PL 102-484 Sec 1605... 345
Against persons................ PL 102-484 Sec 1604... 345
Waiver........................... PL 102-484 Sec 1606... 346
Iran Nonproliferation Amendments PL 109-112............ 206
Act of 2005.
Findings......................... PL 109-112 Sec 2...... 206
Iran Nuclear Proliferation PL 107-228............ 232
Prevention Act of 2002.
Annual review of IAEA projects... PL 107-228 Sec 1343... 232
Reporting requirements........... PL 107-228 Sec 1344... 233
Sense of Congress................ PL 107-228 Sec 1345... 233
Iraq
Acquisition of advanced weapons, PL 108-136 Sec 1204... 563
report.
Authorization for Use of Military PL 102-1.............. 770
Force Against Iraq Resolution.
Authorization for use of United PL 102-1 Sec 2........ 770
States Armed Forces.
Reports........................ PL 102-1 Sec 3........ 771
Authorization for Use of Military PL 107-243............ 740
Force Against Iraq Resolution of
2002.
Authorization for use of United PL 107-243 Sec 3...... 743
States Armed Forces.
Reports........................ PL 107-243 Sec 4...... 744
Support for U.S. diplomatic PL 107-243 Sec 2...... 743
efforts.
Counterproliferation
Extension of authority for PL 105-261 Sec 1531... 609
support of United Nations
Special Commission.
Iran-Iraq Arms Non-Proliferation PL 102-484............ 344
Act of 1992.
Application to Iran of certain PL 102-484 Sec 1603... 345
Iraq sanctions.
Definitions.................... PL 102-484 Sec 1608... 347
International fissile material
and warhead control
Development and demonstration PL 102-484 Sec 3153... 673
program.
Negotiations................. PL 102-484 Sec 3151... 672
Policy....................... PL 102-484 Sec 1602... 344
Reporting requirements....... PL 102-484 Sec 1607... 347
Tritium production........... PL 102-484 Sec 3154... 673
Waiver....................... PL 102-484 Sec 1606... 346
Sanctions
Against foreign countries.... PL 102-484 Sec 1605... 345
Against persons.............. PL 102-484 Sec 1604... 345
Support of U.N.-sponsored PL 106-65 Sec 1505.... 598
inspection and monitoring of
weapons activities.
PL 106-398 Sec 1201... 580
PL 107-107 Sec 1203... 575
PL 107-314 Sec 1204... 568
Israel
Arms control
Support of consultations on PL 106-398 Sec 1202... 580
Arab and Israeli arms control
and regional security issues.
Multinational Force and Observers PL 97-132............. 798
Participation Resolution.
Definitions.................... PL 97-132 Sec 8....... 802
Nonreimbursed costs............ PL 97-132 Sec 5....... 800
Participation of U.S. personnel PL 97-132 Sec 3....... 799
Reports........................ PL 97-132 Sec 6....... 801
Statement of policy............ PL 97-132 Sec 2....... 798
Statements of congressional PL 97-132 Sec 7....... 802
intent.
U.S. contributions to costs.... PL 97-132 Sec 4....... 799
J
John Warner National Defense
Authorization Act, FY 2007. See
Cooperative Threat Reduction, FY
2007; National Defense
Authorization Act, FY 2007
K
Key Verification Assets Fund
Appropriations authorization..... PL 106-113 Sec 1111... 31
PL 107-228 Sec 1102... 28
Korea, Republic of
Participation of multinational PL 109-364 Sec 1212... 546
partners in the United Nations
Command, report.
Krasnoyarsk radar
Findings and sense of Congress... PL 100-180 Sec 902.... 702
PL 101-189 Sec 1006... 686
Kuwait
Arms sales restriction........... PL 102-229 Sec 104.... 173
L
Landmines
Export moratorium................ PL 102-484 Sec 1365... 669
International clearing efforts in PL 102-484 Sec 1364... 669
refugee situations, report.
Moratorium on use by Armed PL 104-106 Sec 1402... 637
Forces, report.
Latvia
NATO membership, sense of PL 104-208 Sec 605.... 826
Congress.
Law enforcement
Prohibition on transfer of PL 107-206 Sec 2006... 789
information to the International
Criminal Court.
Lebanon
Multinational Force in Lebanon PL 98-119............. 776
Resolution.
Agreement between the United ...................... 780
States and Lebanon, Sept. 25,
1982.
Authorization for continued PL 98-119 Sec 3....... 777
participation of United States
Armed Forces.
Congressional priority PL 98-119 Sec 8....... 778
procedures for amendments.
Duration of authorization for PL 98-119 Sec 6....... 778
U.S. participation.
Findings and purpose........... PL 98-119 Sec 2....... 776
Interpretation of resolution... PL 98-119 Sec 7....... 778
Reports........................ PL 98-119 Sec 4....... 777
Statements of policy........... PL 98-119 Sec 5....... 777
Liaison Office of the People's
Republic of China
Diplomatic privileges............ PL 93-22.............. 984
Lithuania
NATO membership, sense of PL 104-208 Sec 605.... 826
Congress.
M
Macedonia
Designation as eligible to PL 110-17 Sec 4....... 814
receive NATO assistance.
Middle East
Arms control..................... EO 12851 Sec 3........ 363
Middle East--Continued
Arms control--Continued
Support of consultations on PL 106-398 Sec 1202... 580
Arab and Israeli arms control
and regional security issues.
Multinational Force and Observers PL 97-132............. 798
Participation Resolution.
Definitions.................... PL 97-132 Sec 8....... 802
Nonreimbursed costs............ PL 97-132 Sec 5....... 800
Participation of U.S. personnel PL 97-132 Sec 3....... 799
Reports........................ PL 97-132 Sec 6....... 801
Statement of policy............ PL 97-132 Sec 2....... 798
Statements of congressional PL 97-132 Sec 7....... 802
intent.
U.S. contributions to costs.... PL 97-132 Sec 4....... 799
Multinational Force and Observers
reports
Delegation of functions........ EO 12361 Sec 1........ 803
Interagency coordination....... EO 12361 Sec 2........ 803
Resolution to promote peace and PL 85-7............... 796
stability in the Middle East.
Sinai Early-Warning System, PL 94-110............. 804
implementing the U.S. proposal.
U.N. peacekeeping forces, PL 94-37.............. 969
payments authorization.
Military activities
National commitment.............. Sen Res 85, June 25, 808
1969.
Military Commissions Act of 2006... PL 109-366............ 747
Annual report.................... PL 109-366 Sec 3...... 750
Authorities...................... PL 109-366 Sec 3...... 748
Construction of provisions....... PL 109-366 Sec 3...... 748
Crimes triable by commissions.... PL 109-366 Sec 3...... 750
Definitions...................... PL 109-366 Sec 3...... 747
Geneva Conventions............... PL 109-366 Sec 3...... 749
Implementation of treaty PL 109-366 Sec 6...... 756
obligations.
Inapplicability of provisions.... PL 109-366 Sec 3...... 749
Jurisdiction of commissions...... PL 109-366 Sec 3...... 749
Persons subject to commissions... PL 109-366 Sec 3...... 749
Purpose.......................... PL 109-366 Sec 3...... 748
Status of commissions............ PL 109-366 Sec 3...... 749
Treatment of rulings and PL 109-366 Sec 3...... 749
precedents.
Treaty obligations not PL 109-366 Sec 5...... 756
establishing grounds for certain
claims.
Military personnel (United States).
See American Servicemembers'
Protection Act of 2002
Missile Technology Control Regime
Findings......................... PL 100-180 Sec 901.... 701
India
Adherent status................ PL 109-401 Sec 107.... 496
People's Republic of China PL 106-65 Sec 1401.... 587
adherence.
Policy........................... PL 101-510 Sec 1701... 680
Mission of the Commission of the
European Communities
Diplomatic privileges............ PL 92-499............. 983
MTCR. See Missile Technology
Control Regime
Multinational Force and Observers PL 97-132............. 798
Participation Resolution.
Definitions...................... PL 97-132 Sec 8....... 802
Nonreimbursed costs.............. PL 97-132 Sec 5....... 800
Participation of U.S. personnel.. PL 97-132 Sec 3....... 799
Reports.......................... PL 97-132 Sec 6....... 801
Statement of policy.............. PL 97-132 Sec 2....... 798
Statements of congressional PL 97-132 Sec 7....... 802
intent.
U.S. contributions to costs...... PL 97-132 Sec 4....... 799
Multinational Force and Observers
reports
Delegation of functions.......... EO 12361 Sec 1........ 803
Interagency coordination......... EO 12361 Sec 2........ 803
Multinational Force in Lebanon PL 98-119............. 776
Resolution.
Agreement between the United ...................... 780
States and Lebanon, Sept. 25,
1982.
Authorization for continued PL 98-119 Sec 3....... 777
participation of United States
Armed Forces.
Congressional priority procedures PL 98-119 Sec 8....... 778
for amendments.
Duration of authorization for PL 98-119 Sec 6....... 778
U.S. participation.
Findings and purpose............. PL 98-119 Sec 2....... 776
Interpretation of resolution..... PL 98-119 Sec 7....... 778
Reports.......................... PL 98-119 Sec 4....... 777
Statements of policy............. PL 98-119 Sec 5....... 777
N
Nance and Donovan Foreign Relations
Authorization Act, FY 2000 and
2001. See Arms Control and
Nonproliferation Act of 1999;
National Security and Corporate
Fairness under the Biological
Weapons Convention Act;
Proliferation Prevention
Enhancement Act of 1999; United
Nations Reform Act of 1999
Narcotics. See Drug control
National Academy of Sciences
Biological weapons proliferation PL 109-364 Sec 1304... 63
prevention study.
PL 110-181 Sec 1308... 56
Cooperative threat reduction PL 110-181 Sec 1306(b) 55
study.
National commitment................ Sen Res 85, June 25, 808
1969.
National Coordinator for
Nonproliferation Matters
Designation of................... PL 104-201 Sec 1441... 319
National Defense Authorization Act, PL 100-180............ 701
FY 1988 and 1989.
Arms control negotiations, PL 100-180 Sec 904.... 704
findings and declarations.
Arms control policy implications, PL 100-180 Sec 906.... 706
report.
Krasnoyarsk radar, findings and PL 100-180 Sec 902.... 702
sense of Congress.
Military consequences of PL 100-180 Sec 905.... 705
elimination of ballistic
missiles, report.
MTCR............................. PL 100-180 Sec 901.... 701
Nuclear risk reduction centers PL 100-180 Sec 907.... 706
support.
Soviet Union compliance with PL 100-180 Sec 903.... 703
Threshold Test Ban Treaty,
report.
National Defense Authorization Act, PL 100-456............ 694
FY 1989.
Alternative strategic nuclear PL 100-456 Sec 908.... 697
force for the United States
under potential START Treaty.
Congressional role in arms PL 100-456 Sec 903.... 695
control and defense policies,
sense of Congress.
Expanding confidence-building PL 100-456 Sec 901.... 694
measures, sense of Congress.
Five-year ABM Treaty review, PL 100-456 Sec 904.... 695
sense of Congress.
On-site inspection agency........ PL 100-456 Sec 909.... 698
START talks, sense of Congress... PL 100-456 Sec 902.... 695
Verification policy and research PL 100-456 Sec 910.... 699
and development activities
coordination.
National Defense Authorization Act, PL 101-189............ 682
FY 1990 and 1991.
Accidental launch protection, PL 101-189 Sec 1005... 685
sense of Congress.
National Defense Authorization Act,
FY 1990 and 1991--Continued
Arms control negotiations and PL 101-189 Sec 1011... 689
U.S. modernization policy, sense
of Congress.
Ballistic missile defense PL 101-189 Sec 1004... 684
systems, capabilities of United
States and Soviet Union to
produce and deploy, report.
Chemical weapons negotiations, PL 101-189 Sec 1013... 690
sense of Congress.
Krasnoyarsk radar, findings and PL 101-189 Sec 1006... 686
sense of Congress.
Negotiations with the Soviet PL 101-189 Sec 1009... 688
Union regarding limitations on
anti-satellite capabilities,
report.
On-site inspections under arms PL 101-189 Sec 1014... 691
control agreements.
Satellite survivability, report.. PL 101-189 Sec 1008... 687
Space nuclear reactors effect on PL 101-189 Sec 1012... 690
gamma-ray astronomy missions,
report.
START talks, sense of Congress... PL 101-189 Sec 1003... 683
Strategic arms reduction PL 101-189 Sec 1001... 682
agreement effect on Trident
program, report.
Treaty limitations on weapons PL 101-189 Sec 1007... 687
capable of threatening military
satellites, sense of Congress.
Verification conducted with PL 101-189 Sec 1002... 683
regard to mobile ICBMs under
START agreement, report.
Verification of compliance with PL 101-189 Sec 1010... 689
agreements to limit nuclear
testing, report.
National Defense Authorization Act, PL 101-510............ 677
FY 1991.
Missile technology control policy PL 101-510 Sec 1701... 680
Nuclear risk reduction measures, PL 101-510 Sec 1441... 677
sense of Congress.
START agreement.................. PL 101-510 Sec 1443... 679
START and strategic modernization PL 101-510 Sec 1442... 679
National Defense Authorization Act, PL 102-190............ 674
FY 1992 and 1993.
Nuclear testing and test ban PL 102-190 Sec 3140... 675
readiness program negotiation
resumption, report.
Nuclear weapons, report.......... PL 102-190 Sec 3142... 676
Redeployment of Minuteman III PL 102-190 Sec 153.... 674
ICBMs limitations.
Warhead dismantlement and PL 102-190 Sec 3141... 675
material disposal.
National Defense Authorization Act, PL 102-484............ 666
FY 1993.
Former Soviet Union and Eastern PL 102-484 Sec 1321... 666
Europe nuclear weapons reduction.
International fissile material
and warhead control
Development and demonstration PL 102-484 Sec 3153... 673
program.
Negotiations................... PL 102-484 Sec 3151... 672
Tritium production............. PL 102-484 Sec 3154... 673
International mine clearing PL 102-484 Sec 1364... 669
efforts in refugee situations,
report.
Landmine export moratorium....... PL 102-484 Sec 1365... 669
National Defense Authorization Act, PL 103-160............ 651
FY 1994.
Counterproliferation Program PL 103-160 Sec 1605... 655
Review Committee establishment.
Definitions...................... PL 103-160 Sec 1607... 659
Global proliferation of strategic PL 103-160 Sec 1601... 651
and advanced conventional
military weapons, equipment and
technology study.
National Defense Authorization Act,
FY 1994--Continued
International nonproliferation
activities
Assistance to Russia for PL 103-160 Sec 1612... 662
construction of plutonium
storage facility.
North Korea and the Treaty on PL 103-160 Sec 1613... 663
the Non-Proliferation of
Nuclear Weapons.
Nuclear nonproliferation....... PL 103-160 Sec 1611... 659
Proliferation of space launch PL 103-160 Sec 1614... 664
vehicle technologies, sense of
Congress.
Nonproliferation and PL 103-160 Sec 1606... 658
counterproliferation activities
and programs, report.
U.S. capabilities to prevent and PL 103-160 Sec 1604... 654
counter weapons proliferation,
sense of Congress.
U.S. counterproliferation policy PL 103-160 Sec 1603... 653
studies.
National Defense Authorization Act, PL 103-337............ 135
FY 1995.
...................... 644
Counterproliferation activities PL 103-337 Sec 1503... 644
and programs, reports.
Counterproliferation activities PL 103-337 Sec 1504... 646
appropriations authorization.
Indefinite extension of Nuclear PL 103-337 Sec 1508... 648
Non-Proliferation Treaty, sense
of Congress.
Nuclear weapons testing PL 103-337 Sec 1509... 649
limitations negotiation.
Proliferation of foreign military PL 103-337 Sec 1506... 648
satellites, funds limitation
related to submission of report.
PL 103-337 Sec 1507... 648
States of the former Soviet Union
Funding limitations............ PL 103-337 Sec 1206... 136
Nuclear arsenal dismantlement, PL 103-337 Sec 1209... 140
sense of Congress.
Offensive biological warfare PL 103-337 Sec 1207... 137
program, report.
Program coordination........... PL 103-337 Sec 1208... 140
Programs....................... PL 103-337 Sec 1201... 136
Weapons of mass destruction, PL 103-337 Sec 1204... 136
control and accountability of
materials, report.
National Defense Authorization Act, PL 104-106............ 129
FY 1996.
...................... 637
Arms control agreements PL 104-106 Sec 1407... 641
implementation.
Chemical Weapons Convention and PL 104-106 Sec 1406... 640
START II Treaty ratification,
sense of Congress.
Moratorium on antipersonnel PL 104-106 Sec 1402... 637
landmines use by Armed Forces,
report.
States of the former Soviet Union
Chemical weapons destruction PL 104-106 Sec 1209... 134
facility funds use limitation.
Funding allocations............ PL 104-106 Sec 1202... 130
Funds obligation, prior notice PL 104-106 Sec 1205... 132
to Congress requirement.
Nuclear weapons scientists, PL 104-106 Sec 1207... 133
limitation on assistance.
Offensive biological warfare PL 104-106 Sec 1208... 133
program funds limitation.
Peacekeeping activities funds PL 104-106 Sec 1203... 132
use prohibition.
Specification of programs...... PL 104-106 Sec 1201... 130
Weapons destruction assistance PL 104-106 Sec 1204... 132
authority.
National Defense Authorization Act,
FY 1996--Continued
Strategic nuclear delivery PL 104-106 Sec 1404... 638
systems, limitation on
retirement or dismantlement.
Treaty violations, findings and PL 104-106 Sec 1405... 638
sense of Congress.
National Defense Authorization Act, PL 104-201............ 124
FY 1997.
...................... 625
Commission to Assess the
Ballistic Missile Threat to the
United States
Administrative provisions...... PL 104-201 Sec 1327... 636
Duties......................... PL 104-201 Sec 1322... 634
Establishment of............... PL 104-201 Sec 1321... 634
Funding........................ PL 104-201 Sec 1328... 636
Personnel matters.............. PL 104-201 Sec 1326... 635
Powers......................... PL 104-201 Sec 1324... 635
Procedures..................... PL 104-201 Sec 1325... 635
Report......................... PL 104-201 Sec 1323... 635
Termination.................... PL 104-201 Sec 1329... 636
Export controls, sense of PL 104-201 Sec 1308... 631
Congress.
Fissile material security PL 104-201 Sec 1310... 632
assistance to other countries,
sense of Congress.
National Intelligence Estimate 95- PL 104-201 Sec 1311... 633
19, review by Director of
Central Intelligence.
Nuclear proliferation activities, PL 104-201 Sec 1303(b) 627
strengthening sanctions against.
People's Republic of China
Joint Defense Conversion PL 104-201 Sec 1307... 631
Commission with United States.
Military capabilities, report.. PL 104-201 Sec 1305... 627
Weapons proliferation and PL 104-201 Sec 1306... 628
policies, report.
States of the former Soviet Union
Funding allocations............ PL 104-201 Sec 1502... 126
Funds availability............. PL 104-201 Sec 1505... 128
Funds use limitation until PL 104-201 Sec 1504... 127
report submission.
Funds use prohibition.......... PL 104-201 Sec 1503... 127
Specification of programs...... PL 104-201 Sec 1501... 125
Strategic nuclear delivery PL 104-201 Sec 1302... 625
systems, limitation on
retirement or dismantlement.
National Defense Authorization Act, PL 105-85............. 118
FY 1998.
...................... 612
Chemical Weapons Convention, PL 105-85 Sec 1303.... 616
assistance for facilities
subject to inspection.
High-priority PL 105-85 Sec 1304.... 617
counterproliferation programs,
transfers of authorizations.
Moratorium on antipersonnel PL 105-85 Sec 1309.... 622
landmines use by Armed Forces,
report.
Russian strategic missile PL 105-85 Sec 1301.... 612
detargeting, report.
States of the former Soviet Union
Funding allocations............ PL 105-85 Sec 1402.... 119
Funds use limitation
Chemical weapons destruction. PL 105-85 Sec 1406.... 121
Chemical weapons destruction PL 105-85 Sec 1405.... 121
facility.
Fissile material storage PL 105-85 Sec 1407.... 122
facility.
START II Treaty.............. PL 105-85 Sec 1404.... 121
Weapons storage security..... PL 105-85 Sec 1408.... 122
Funds use prohibition.......... PL 105-85 Sec 1403.... 120
Payment of taxes, duties, and PL 105-85 Sec 1409.... 123
other assessments on
assistance, report.
Specification of programs and PL 105-85 Sec 1401.... 119
funds.
National Defense Authorization Act,
FY 1998--Continued
Strategic nuclear delivery PL 105-85 Sec 1302.... 613
systems, limitation on
retirement or dismantlement.
U.S. nuclear weapons stockpile PL 105-85 Sec 1305.... 618
safety, security and reliability.
U.S. obligations under Chemical PL 105-85 Sec 1307.... 621
Weapons Convention and
environmental laws, sense of
Congress.
National Defense Authorization Act, PL 105-261............ 110
FY 1999.
...................... 599
Arms control developments, PL 105-261 Sec 1502... 599
transmission of reports.
Counterproliferation
Extension of authority for PL 105-261 Sec 1531(a) 609
support of United Nations
Special Commission on Iraq.
Nuclear tests in South Asia, PL 105-261 Sec 1532... 609
sense of Congress.
Response to increased missile PL 105-261 Sec 1533... 610
threat in Asia-Pacific region,
report.
Emergency communications PL 105-261 Sec 1503... 600
capabilities between United
States and Russia, report.
Export controls
Department of Defense PL 105-261 Sec 1521... 607
activities authority.
Deputy Under Secretary of PL 105-261 Sec 1521... 607
Defense for Technology
Security Policy.
Nuclear export reporting PL 105-261 Sec 1523... 608
requirement.
Release of information by PL 105-261 Sec 1522... 608
Department of Commerce to
other agencies.
Russian nonstrategic nuclear PL 105-261 Sec 1504... 600
weapons.
Satellite export controls
Certification of missile PL 105-261 Sec 1512... 602
equipment or technology to
China.
National security controls on PL 105-261 Sec 1514... 603
licensing.
People's Republic of China PL 105-261 Sec 1515... 605
launching, report.
Related items defined.......... PL 105-261 Sec 1516... 606
Sense of Congress.............. PL 105-261 Sec 1511... 601
United States Munitions List... PL 105-261 Sec 1513... 602
States of the former Soviet Union
Appropriations request summary PL 105-261 Sec 1307... 115
submission requirement.
Biological weapons programs in PL 105-261 Sec 1308... 116
Russia, report.
Cooperative counter PL 105-261 Sec 1306... 114
proliferation program.
Funding allocations............ PL 105-261 Sec 1302... 111
Funds use limitation
Biological weapons PL 105-261 Sec 1305... 113
proliferation prevention.
Chemical weapons destruction. PL 105-261 Sec 1304... 112
Funds use prohibition.......... PL 105-261 Sec 1303... 112
Specification of programs and PL 105-261 Sec 1301... 111
funds.
Weapons of mass destruction PL 105-261 Sec 1309... 117
programs, report on
individuals with expertise.
National Defense Authorization Act, PL 106-65............. 104
FY 2000.
...................... 587
Enhanced multilateral export PL 106-65 Sec 1408.... 592
controls.
National Defense Authorization Act,
FY 2000--Continued
Enhancement of Defense Threat PL 106-65 Sec 1409.... 592
Reduction Agency activities.
Export control violations by PL 106-65 Sec 1412.... 595
satellite manufacturers.
Export license functions PL 106-65 Sec 1403.... 589
resources.
Exporting high-performance PL 106-65 Sec 1406.... 591
computers to People's Republic
of China, report.
Foreign launch security PL 106-65 Sec 1405.... 591
violations, report.
High-performance computers, end- PL 106-65 Sec 1407.... 591
use verification for use by
People's Republic of China.
Licensing decisions for PL 106-65 Sec 1410.... 594
commercial satellite launch,
timely notification by the
Department of State.
People's Republic of China PL 106-65 Sec 1401.... 587
adherence to MTCR.
Satellite export licensing....... PL 106-65 Sec 1404.... 590
Satellite license applications, PL 106-65 Sec 1411.... 594
enhanced intelligence
consultation.
States of the former Soviet Union
Expanded Threat Reduction PL 106-65 Sec 1309.... 108
Initiative, report.
Funding allocations............ PL 106-65 Sec 1302.... 105
Funds use limitation
Fissile material storage PL 106-65 Sec 1304.... 107
facility.
Until certification PL 106-65 Sec 1310.... 108
submission.
Until report submission...... PL 106-65 Sec 1306.... 107
Funds use prohibition.......... PL 106-65 Sec 1303.... 106
Report submission requirement.. PL 106-65 Sec 1308.... 108
Russian nonstrategic nuclear PL 106-65 Sec 1312.... 109
arms, sense of Congress.
Specification of programs and PL 106-65 Sec 1301.... 105
funds.
Strategic arms reductions, sense PL 106-65 Sec 1502.... 596
of Congress.
Strategic stability under START PL 106-65 Sec 1503.... 597
III, report.
Support of U.N.-sponsored PL 106-65 Sec 1505.... 598
inspection and monitoring of
Iraqi weapons activities.
Technology transmitted to PL 106-65 Sec 1405.... 591
People's Republic of China,
report.
Transfers of militarily sensitive PL 106-65 Sec 1402.... 588
technology to countries of
concern, report.
National Defense Authorization Act, PL 106-398............ 94
FY 2001.
...................... 580
Coordination of nonproliferation PL 106-398 Sec 3174... 586
programs, sense of Congress.
Department of Energy PL 106-398 Sec 3173... 585
nonproliferation monitoring,
report.
Nuclear Cities Initiative........ PL 106-398 Sec 3172... 582
Nuclear Materials Protection, PL 106-398 Sec 3171... 581
Control and Accounting Program
status, report.
States of the former Soviet Union
Activities and assistance, PL 106-398 Sec 1308... 98
reports.
Audits, report................. PL 106-398 Sec 1311... 102
Chemical weapons elimination... PL 106-398 Sec 1309... 101
Funding allocations............ PL 106-398 Sec 1302... 95
Funds use limitation
Construction of fossil fuel PL 106-398 Sec 1307... 97
energy plants, report.
Elimination of conventional PL 106-398 Sec 1303... 96
weapons.
National Defense Authorization Act,
FY 2001--Continued
States of the former Soviet
Union--Continued
Funds use limitation--Continued
Elimination of Weapons Grade PL 106-398 Sec 1310... 102
Plutonium Program.
Fissile material storage PL 106-398 Sec 1304... 97
facility.
Warhead dismantlement PL 106-398 Sec 1305... 97
processing.
Nuclear weapons storage sites PL 106-398 Sec 1306... 97
agreement.
Specification of programs and PL 106-398 Sec 1301... 95
funds.
Support of consultations on Arab PL 106-398 Sec 1202... 580
and Israeli arms control and
regional security issues.
Support of U.N.-sponsored PL 106-398 Sec 1201(a) 580
inspection and monitoring of
Iraqi weapons activities.
National Defense Authorization Act, PL 107-107............ 89
FY 2002.
...................... 574
Joint Data Exchange Center in PL 107-107 Sec 1202... 574
Moscow funding limitation.
Nuclear Cities Initiative........ PL 107-107 Sec 3132... 578
Nuclear Cities Initiative program PL 107-107 Sec 3131... 578
and Initiatives for
Proliferation Prevention program
consolidation.
Securing nuclear weapons, PL 107-107 Sec 1205... 575
material and expertise of the
States of the former Soviet
Union.
States of the former Soviet Union
Funding allocations............ PL 107-107 Sec 1302... 90
Funds use limitation
Construction activities...... PL 107-107 Sec 1306... 92
Fissile material storage PL 107-107 Sec 1305... 92
facility.
Until report submission...... PL 107-107 Sec 1303... 92
Revenue use requirement........ PL 107-107 Sec 1304... 92
Specification of programs and PL 107-107 Sec 1301... 90
funds.
Support of U.N.-sponsored PL 107-107 Sec 1203... 575
inspection and monitoring of
Iraqi weapons activities.
National Defense Authorization Act, PL 107-314............ 81
FY 2003.
...................... 568
Accelerated return of weapons- PL 107-314 Sec 3160... 572
usable nuclear materials.
Department of Energy programs
Elimination of weapons grade PL 107-314 Sec 3151... 86
plutonium production in Russia.
Export control programs.......... PL 107-314 Sec 3159... 572
International Materials PL 107-314 Sec 3156... 571
Protection, Control and
Accounting Program of the
Department of Energy.
International security for PL 107-314 Sec 3158... 571
nuclear materials and operations.
Russian proliferation to Iran and PL 107-314 Sec 1206... 569
other countries of concern,
report.
States of the former Soviet Union
Funding allocations............ PL 107-314 Sec 1302... 82
Funds use limitation
Fissile material storage PL 107-314 Sec 1305... 84
facility.
Until report submission...... PL 107-314 Sec 1303... 84
Limited waiver of restrictions PL 107-314 Sec 1306... 84
on use of funds.
Specification of programs and PL 107-314 Sec 1301... 82
funds.
National Defense Authorization Act,
FY 2003--Continued
Support of U.N.-sponsored PL 107-314 Sec 1204... 568
inspection and monitoring of
Iraqi weapons activities.
National Defense Authorization Act, PL 108-136............ 72
FY 2004.
...................... 562
International nuclear materials PL 108-136 Sec 3124... 565
protection and cooperation
program funds use outside the
former Soviet Union.
Iraq acquisition of advanced PL 108-136 Sec 1204... 563
weapons, report.
Nuclear security initiative
Management assessment of threat PL 108-136 Sec 3611... 79
reduction and nonproliferation
programs.
On-site managers................. PL 108-136 Sec 3125... 566
Reduction of excessive PL 108-136 Sec 3122... 564
unobligated or unexpended
balances for defense nuclear
nonproliferation activities,
report.
States of the former Soviet Union
Biological research PL 108-136 Sec 1304... 75
restrictions.
Certification on use of PL 108-136 Sec 1307... 77
facilities.
Chemical weapons destruction PL 108-136 Sec 1306... 77
facility in Russia funding
limitation waiver.
Funding allocations............ PL 108-136 Sec 1302... 73
Funds use authority............ PL 108-136 Sec 1308... 78
On-site manager requirements... PL 108-136 Sec 1305... 76
Permit requirements............ PL 108-136 Sec 1303... 74
Specification of programs and PL 108-136 Sec 1301... 73
funds.
Strategic nuclear warhead PL 108-136 Sec 1033... 562
dismantling, report.
Weapons-grade uranium and PL 108-136 Sec 3123... 564
plutonium of the former Soviet
Union, study and report.
National Defense Authorization Act, PL 108-375............ 69
FY 2005.
...................... 553
Collaborative measures to reduce PL 108-375 Sec 1214... 555
the risks of a Russian nuclear
weapons launch, report.
Defense international PL 108-375 Sec 1211... 553
counterproliferation programs.
Global partnership against spread PL 108-375 Sec 1213... 554
of weapons of mass destruction,
sense of Congress.
Nonproliferation of ballistic PL 108-375 Sec 1212... 553
missiles, policy and sense of
Congress.
Nuclear nonproliferation PL 108-375 Sec 3134... 560
fellowships for United States
and Russian Federation
scientists.
Removal or security of fissile PL 108-375 Sec 3132... 555
materials, radiological
materials and equipment at
vulnerable sites.
Silk Road Initiative............. PL 108-375 Sec 3133... 559
States of the former Soviet Union
Funding allocations............ PL 108-375 Sec 1302... 70
Specification of programs and PL 108-375 Sec 1301... 70
funds.
National Defense Authorization Act, PL 109-163............ 65
FY 2006.
...................... 550
Nonproliferation provisions
Comprehensive inventory of PL 109-163 Sec 3115... 551
Russian nonstrategic nuclear
weapons, report.
National Defense Authorization Act,
FY 2006--Continued
Nonproliferation provisions--
Continued
Nonstrategic nuclear weapons, PL 109-163 Sec 1212... 551
report.
Prohibition on procurements PL 109-163 Sec 1211... 550
from Communist Chinese
military companies.
States of the former Soviet Union
Elimination of impediments to PL 109-163 Sec 1304... 67
programs, report.
Funding allocations............ PL 109-163 Sec 1302... 66
Specification of programs and PL 109-163 Sec 1301... 66
funds.
National Defense Authorization Act, PL 109-364............ 61
FY 2007.
...................... 544
Destruction of U.S. chemical PL 109-364 Sec 921.... 544
weapons stockpile, sense of
Congress.
International Nuclear Materials PL 109-364 Sec 3114... 548
Protection and Cooperation
program contributions
utilization.
Iran, United States policy on PL 109-364 Sec 1214... 547
nuclear programs, sense of
Congress.
North Korea nonproliferation PL 109-364 Sec 1211... 545
policy.
Republic of Korea, participation PL 109-364 Sec 1212... 546
of multinational partners in the
United Nations Command, report.
Russian Plutonium Disposition PL 109-364 Sec 3114... 548
program contributions
utilization.
States of the former Soviet Union
Biological weapons PL 109-364 Sec 1304... 63
proliferation prevention,
National Academy of Sciences
study.
Funding allocations............ PL 109-364 Sec 1302... 62
Specification of programs and PL 109-364 Sec 1301... 62
funds.
National Defense Authorization Act, PL 110-181............ 51
FY 2008.
...................... 538
Cooperative threat reduction with
States of the former Soviet
Union
Funding allocations............ PL 110-181 Sec 1302... 52
New initiatives
Funding...................... PL 110-181 Sec 1306(d) 55
Restrictions on assistance PL 110-181 Sec 1304... 53
repeal.
Specification of programs and PL 110-181 Sec 1301... 52
funds.
Fissile materials disposition PL 110-181 Sec 3114... 539
program, limitation on funds
availability.
Nuclear non-proliferation policy, PL 110-181 Sec 3126... 539
sense of Congress.
Nuclear terrorism prevention
Annual report.................. PL 110-181 Sec 3134... 542
Definitions.................... PL 110-181 Sec 3131... 540
Minimum security standard for PL 110-181 Sec 3133... 541
nuclear weapons and formula
quantities of strategic
special nuclear material.
Sense of Congress.............. PL 110-181 Sec 3132... 541
Reliable replacement warhead PL 110-181 Sec 3126... 539
program, sense of Congress.
States of the former Soviet Union
Biological weapons PL 110-181 Sec 1308... 56
proliferation prevention,
National Academy of Sciences
study.
Chemical weapons destruction at PL 110-181 Sec 1307... 55
Shchuch'ye, Russia, report.
New initiatives
National Academy of Sciences PL 110-181 Sec 1306(b) 55
study.
National Defense Authorization Act,
FY 2008--Continued
States of the former Soviet
Union--Continued
New initiatives--Continued
Secretary of Defense report.. PL 110-181 Sec 1306(c) 55
Sense of Congress............ PL 110-181 Sec 1306(a) 54
National Defense Authorization Act, PL 110-417............ 47
FY 2009.
...................... 530
Department of Defense
authorizations
Notification of Committees on PL 110-417 Sec 1062... 532
Armed Services with respect to
nonproliferation and
proliferation activities.
Nuclear weapons, report........ PL 110-417 Sec 1044... 530
Department of Energy national
security programs
Enhancing nuclear forensics PL 110-417 Sec 3114... 535
capabilities.
Global initiatives for PL 110-417 Sec 3116... 536
proliferation prevention
program, review and reports.
Global nuclear energy PL 110-417 Sec 3117... 537
partnership, limitation on
availability of funds.
Funding allocations.............. PL 110-417 Sec 1302... 48
Iran
Capability to produce nuclear PL 110-417 Sec 1234... 534
weapons, report.
People's Republic of China
Security risks of participation PL 110-417 Sec 1233... 532
by defense contractors in
space activities.
Specifications of programs and PL 110-417 Sec 1301... 47
funds.
National emergencies
Construction authority........... EO 13235.............. 739
Declaration by reason of Proclamation 7463..... 738
terrorist attacks
National Emergencies Act........... PL 94-412............. 733
Accountability requirements...... PL 94-412 Sec 401..... 736
Declarations of future national PL 94-412 Sec 201..... 733
emergencies.
Exercise of emergency powers and PL 94-412 Sec 301..... 735
authorities.
Repeal and continuation of PL 94-412 Sec 501..... 736
emergency power.
Reporting requirements........... PL 94-412 Sec 401..... 736
Terminating existing declared PL 94-412 Sec 101..... 733
emergencies.
National Intelligence Estimate 95-
19
Review by Director of Central PL 104-201 Sec 1311... 633
Intelligence.
National Missile Defense Act of
1999
National missile defense policy.. PL 106-38............. 261
Reduction of Russian nuclear PL 106-38 Sec 3....... 261
forces policy.
National Security and Corporate PL 106-113............ 250
Fairness under the Biological
Weapons Convention Act.
Definitions...................... PL 106-113 Sec 1122... 251
Findings......................... PL 106-113 Sec 1123... 251
Nonproliferation program use of PL 106-113 Sec 1132... 254
resources.
Provision of information to PL 106-113 Sec 1134... 255
Congress.
Science and technology centers
In the former Soviet Union, PL 106-113 Sec 1138... 256
funding.
Research and activities........ PL 106-113 Sec 1139... 256
Trial investigations and visits.. PL 106-113 Sec 1124... 252
National Security and Corporate
Fairness under the Biological
Weapons Convention Act--Continued
Weapons-grade material PL 106-113 Sec 1133... 254
disposition.
National Security Council Committee
on Nonproliferation
Establishment, membership and PL 104-201 Sec 1442... 320
responsibilities.
NATO. See North Atlantic Treaty
Organization
NATO Enlargement Facilitation Act PL 104-208............ 823
of 1996.
Authorization of appropriations PL 104-208 Sec 607.... 827
for assistance.
Designation of countries eligible PL 104-208 Sec 606.... 827
for assistance.
Eligibility termination.......... PL 104-208 Sec 611.... 829
Estonia, Latvia and Lithuania, PL 104-208 Sec 605.... 826
sense of Congress.
Excess defense articles.......... PL 104-208 Sec 609.... 828
Findings......................... PL 104-208 Sec 602.... 823
Modernization of defense PL 104-208 Sec 610.... 829
capability.
Partnership for Peace Information PL 104-208 Sec 608.... 828
Management System.
Regional Airspace Initiative..... PL 104-208 Sec 608.... 828
Sense of Congress................ PL 104-208 Sec 604.... 826
U.S. policy...................... PL 104-208 Sec 603.... 826
NATO Freedom Consolidation Act of PL 110-17............. 809
2007.
Designation of Albania, Croatia, PL 110-17 Sec 4....... 814
Georgia, Macedonia and Ukraine
as eligible to receive
assistance.
Findings......................... PL 110-17 Sec 2....... 809
Policy declarations.............. PL 110-17 Sec 3....... 813
Security assistance authorization PL 110-17 Sec 5....... 815
NATO Participation Act of 1994..... PL 103-447............ 830
Authorities, sense of Congress... PL 103-447 Sec 204.... 834
Authority for program to PL 103-447 Sec 203.... 831
facilitate transition to NATO
membership.
Reporting requirement............ PL 103-447 Sec 205.... 834
Sense of Congress................ PL 103-447 Sec 202.... 830
9/11 Commission recommendations
Weapons of mass destruction
proliferation and terrorism
prevention
Assistance to accelerate PL 110-53 Sec 1831.... 59
programs.
...................... 184
PL 110-53 Sec 1832.... 59
...................... 184
PL 110-53 Sec 1833.... 60
...................... 185
Commission on the Prevention of
Weapons of Mass Destruction
Proliferation and Terrorism
Composition of............... PL 110-53 Sec 1853.... 189
Establishment of............. PL 110-53 Sec 1851.... 188
Funding...................... PL 110-53 Sec 1859.... 192
Nonapplicability of Federal PL 110-53 Sec 1856.... 191
Advisory Committee Act.
Powers of.................... PL 110-53 Sec 1855.... 190
Purposes of.................. PL 110-53 Sec 1852.... 188
Report....................... PL 110-53 Sec 1857.... 192
Responsibilities of.......... PL 110-53 Sec 1854.... 189
Termination.................. PL 110-53 Sec 1858.... 192
Definitions.................... PL 110-53 Sec 1802.... 179
Findings....................... PL 110-53 Sec 1801.... 58
...................... 179
Office of the United States PL 110-53 Sec 1841.... 185
Coordinator for the Prevention
of Weapons of Mass Destruction
Proliferation and Terrorism.
9/11 Commission recommendations--
Continued
Weapons of mass destruction
proliferation and terrorism
prevention--Continued
Proliferation Security
Initiative
Authority to provide PL 110-53 Sec 1822.... 183
assistance to cooperative
countries.
Improvements and authorities. PL 110-53 Sec 1821.... 181
Repeal and modification of PL 110-53 Sec 1811.... 58
assistance limitations.
...................... 180
United States-Russia PL 110-53 Sec 1842.... 188
cooperation and coordination,
sense of Congress.
Nonproliferation and Export Control PL 107-228............ 214
Assistance, 2003.
Appropriations authorization..... PL 107-228 Sec 1301... 214
IAEA budget assessments and PL 107-228 Sec 1305... 215
voluntary contributions.
Reports.......................... PL 107-228 Sec 1308... 217
Scientist relocation............. PL 107-228 Sec 1304(d) 215
Technology acquisition programs PL 107-228 Sec 1302... 214
for friendly foreign countries.
Three-year international strategy PL 107-228 Sec 1309... 220
Nonproliferation and International
Security program
Appropriations authorization, PL 110-53 Sec 1833.... 60
2008.
Nonproliferation and Verification
Research and Development program
Appropriations authorization, PL 110-53 Sec 1833.... 60
2008.
Nonproliferation Assistance PL 107-228............ 228
Coordination Act of 2002.
Administrative support........... PL 107-228 Sec 1336... 230
Authority........................ PL 107-228 Sec 1335(b) 230
Committee on Nonproliferation PL 107-228 Sec 1334... 229
Assistance establishment.
Confidentiality of information... PL 107-228 Sec 1337... 231
Consultation..................... PL 107-228 Sec 1339(b) 231
Definitions...................... PL 107-228 Sec 1333... 229
Findings......................... PL 107-228 Sec 1332... 228
Purposes......................... PL 107-228 Sec 1335(a) 229
Report........................... PL 107-228 Sec 1339(a) 231
Statutory construction........... PL 107-228 Sec 1338... 231
Nonproliferation programs. See Arms
control; National Defense
Authorization Acts; Weapons of
mass destruction
Nonproliferation provisions in PL 107-228............ 234
Foreign Relations Authorization
Act, FY 2003.
Chemical Weapons Convention PL 107-228 Sec 1605... 236
compliance.
Detailing U.S. governmental PL 107-228 Sec 1603... 235
personnel to international
organizations.
Diplomatic presence overseas..... PL 107-228 Sec 1604... 235
Real-time availability of PL 107-228 Sec 1602... 235
seismological data.
South Asia nuclear and missile PL 107-228 Sec 1601... 234
nonproliferation.
North Atlantic Treaty Organization
European Security Act of 1998.... PL 105-277............ 816
Authorities relating to NATO PL 105-277 Sec 2703... 818
enlargement.
Ballistic missile defense PL 105-277 Sec 2705... 820
restrictions and requirements.
Statement of policy............ PL 105-277 Sec 2702... 816
Treaty on Conventional Armed PL 105-277 Sec 2704... 819
Forces in Europe, sense of
Congress.
North Atlantic Treaty Organization--
Continued
NATO Enlargement Facilitation Act PL 104-208............ 823
of 1996.
NATO Freedom Consolidation Act of PL 110-17............. 809
2007.
NATO Participation Act of 1994... PL 103-447............ 830
Nuclear security initiative
Cooperation with Russia on PL 108-136 Sec 3623... 211
ballistic missile defenses,
sense of Congress.
Reaffirming the U.S. commitment PL 96-9............... 835
to the North Atlantic Alliance.
Reaffirming the unity of the PL 95-287............. 836
North Atlantic Alliance
commitment.
North Korea
Iran, North Korea and Syria PL 106-178............ 238
Nonproliferation Act.
Application of measures to PL 106-178 Sec 3...... 240
certain foreign persons.
Definitions.................... PL 106-178 Sec 7...... 247
Exemption from measures........ PL 106-178 Sec 5...... 242
International Space Station PL 106-178 Sec 6...... 244
restriction on extraordinary
payments.
Procedures if measures are not PL 106-178 Sec 4...... 242
applied.
Reports........................ PL 106-178 Sec 2...... 239
Nonproliferation policy.......... PL 109-364 Sec 1211... 545
Treaty on the Non-Proliferation PL 103-160 Sec 1613... 663
of Nuclear Weapons.
North Korea Threat Reduction Act of PL 106-113............ 500
1999.
Definitions...................... PL 106-113 Sec 823.... 501
Restrictions on nuclear PL 106-113 Sec 822.... 500
cooperation.
Nuclear energy
International Atomic Energy PL 85-177............. 521
Agency Participation Act of 1957.
Appointments................... PL 85-177 Sec 2....... 521
Appropriations authorization... PL 85-177 Sec 5....... 523
Authority...................... PL 85-177 Sec 4....... 523
Federal employees.............. PL 85-177 Sec 6....... 523
Senate advise and consent PL 85-177 Sec 8....... 524
refusal.
U.S. participation............. PL 85-177 Sec 3....... 522
International Atomic Energy
cooperation
Authority to carry out EO 10841.............. 528
provisions of the Atomic
Energy Act of 1954.
Authorization for communication
of restricted data
Central Intelligence Agency.. EO 10899.............. 527
Department of State.......... EO 11057.............. 526
Space nuclear reactors effect on PL 101-189 Sec 1012... 690
gamma-ray astronomy missions,
report.
United States-India Nuclear PL 110-369............ 477
Cooperation Approval and
Nonproliferation Enhancement Act.
Additional protocol between PL 110-369 Sec 103.... 479
India and the IAEA.
Agreement approval............. PL 110-369 Sec 101.... 478
Certification requirement...... PL 110-369 Sec 102(c). 479
Definitions.................... PL 110-369 Sec 2...... 477
Policy declarations............ PL 110-369 Sec 102(a). 478
PL 110-369 Sec 102(b). 478
Procedures regarding subsequent PL 110-369 Sec 201.... 480
reprocessing arrangement.
Rule of construction........... PL 110-369 Sec 102(d). 479
Safeguard agreement PL 110-369 Sec 104.... 479
implementation between India
and the IAEA.
U.S. policy at the Nuclear PL 110-369 Sec 204.... 480
Suppliers Group.
Nuclear materials
Accelerated return of weapons- PL 107-314 Sec 3160... 572
usable materials.
Acceleration of removal or PL 108-375 Sec 3132... 555
security of fissile materials,
radiological materials, and
related equipment at vulnerable
sites.
Agreement between the United EO 13458.............. 379
States and the IAEA for
application of safeguards.
Atomic Energy Act of 1954........ PL 83-703............. 405
Enrichment Oversight Committee... EO 13085.............. 510
Domestic enrichment services... EO 13085 Sec 6........ 512
Establishment.................. EO 13085 Sec 1........ 510
Foreign ownership, control or EO 13085 Sec 5........ 511
influence.
HEU Agreement oversight........ EO 13085 Sec 4........ 511
Nuclear Regulatory Commission EO 13085 Sec 7........ 512
coordination.
Objectives..................... EO 13085 Sec 2........ 510
Organization................... EO 13085 Sec 3........ 510
Exports
Control programs............... PL 107-314 Sec 3159... 572
Low-enriched uranium fuel...... PL 96-280............. 400
Reporting requirement.......... PL 105-261 Sec 1523... 608
Special material and components EO 12055.............. 402
to India.
EO 12218.............. 401
Protection, Control and PL 106-398 Sec 3171... 581
Accounting Program status,
report.
Report on special materials of PL 102-511 Sec 510.... 158
the former Soviet Union.
Restrictions on nuclear PL 106-113 Sec 822.... 500
cooperation with North Korea.
Securing weapons, material and PL 107-107 Sec 1205... 575
expertise of the States of the
former Soviet Union.
Security assistance to other PL 104-201 Sec 1310... 632
countries, sense of Congress.
Strengthened international PL 107-314 Sec 3158... 571
security.
Use of international protection PL 108-136 Sec 3124... 565
and cooperation program funds
outside the former Soviet Union.
Weapons-grade uranium and PL 108-136 Sec 3123... 564
plutonium of the former Soviet
Union, study and report.
Nuclear Non-Proliferation Act of PL 95-242............. 380
1978.
Annual reports................... PL 95-242 Sec 602..... 395
Definitions...................... PL 95-242 Sec 4....... 381
Developing countries assistance
Policy......................... PL 95-242 Sec 501..... 391
Programs....................... PL 95-242 Sec 502..... 392
Reports........................ PL 95-242 Sec 501..... 391
PL 95-242 Sec 503..... 393
Exports
Authority to continue PL 95-242 Sec 405..... 391
agreements.
Control requirements........... PL 95-242 Sec 402..... 388
Controls....................... PL 95-242 Sec 309..... 402
Environmental protection....... PL 95-242 Sec 407..... 391
Licensing procedures........... PL 95-242 Sec 304..... 386
Peaceful nuclear activities.... PL 95-242 Sec 403..... 388
Renegotiation of cooperation PL 95-242 Sec 404..... 390
agreements.
Review......................... PL 95-242 Sec 406..... 391
Initiatives to provide adequate
nuclear fuel supply
International undertakings..... PL 95-242 Sec 104..... 383
Policy......................... PL 95-242 Sec 101..... 382
Nuclear Non-Proliferation Act of
1978--Continued
Initiatives to provide adequate
nuclear fuel supply--Continued
Reevaluation of nuclear fuel PL 95-242 Sec 105..... 384
cycle.
Report......................... PL 95-242 Sec 103..... 383
Uranium enrichment capacity.... PL 95-242 Sec 102..... 382
International safeguard system
strengthening
Negotiations................... PL 95-242 Sec 203..... 386
Policy......................... PL 95-242 Sec 201..... 385
Training program............... PL 95-242 Sec 202..... 385
Policy statement................. PL 95-242 Sec 2....... 380
Presidential reports............. PL 95-242 Sec 601..... 393
Purpose statement................ PL 95-242 Sec 3....... 381
Saving clause.................... PL 95-242 Sec 603..... 397
Nuclear Proliferation Prevention PL 103-236............ 324
Act of 1994.
Definitions...................... PL 103-236 Sec 830.... 331
International Atomic Energy
Agency
Bilateral and multilateral PL 103-236 Sec 841.... 332
initiatives.
Definitions.................... PL 103-236 Sec 844.... 335
Internal reforms............... PL 103-236 Sec 842.... 333
Reporting requirement.......... PL 103-236 Sec 843.... 334
International financial PL 103-236 Sec 823.... 328
institutions role.
Procurement sanction on persons PL 103-236 Sec 821.... 324
engaging in export activities
that contribute to proliferation.
Prohibition on assisting PL 103-236 Sec 824.... 328
proliferation through the
provision of financing.
Reporting on demarches, sense of PL 103-236 Sec 828(b). 330
Congress.
Nuclear Regulatory Commission
Enrichment Oversight Committee EO 13085 Sec 7........ 512
coordination.
Nuclear Security Administration
Elimination of weapons grade PL 107-314 Sec 3151... 86
plutonium production in Russia.
Nuclear Security Initiative Act of PL 108-136............ 209
2003.
Enhanced collaboration for more PL 108-136 Sec 3624... 212
reliable Russian early warning
systems, sense of Congress.
Interparliamentary Threat PL 108-136 Sec 3622... 211
Reduction Working Group
establishment.
Management assessment of threat PL 108-136 Sec 3611... 79
reduction and nonproliferation
programs.
...................... 209
Nuclear and radiological security PL 108-136 Sec 3631... 212
and safety discussions between
IAEA and OECD.
Russian tactical nuclear weapons, PL 108-136 Sec 3621... 211
comprehensive inventory.
United States and NATO PL 108-136 Sec 3623... 211
cooperation with Russia on
ballistic missile defenses,
sense of Congress.
Nuclear Suppliers Group
U.S. policy to strengthen PL 110-369 Sec 204.... 480
international nuclear
nonproliferation regime.
Nuclear weapons. See also Arms
control; Weapons of mass
destruction
Accidental launch protection, PL 101-189 Sec 1005... 685
sense of Congress.
Agreement for cooperation between PL 99-183............. 519
the United States and China.
Alternative strategic nuclear PL 100-456 Sec 908.... 697
force for the United States
under potential START Treaty.
Nuclear weapons--Continued
Assistance limitation to PL 104-106 Sec 1207... 133
scientists of the former Soviet
Union.
Blocking property of the Russian EO 13159.............. 373
Federation government related to
disposition of highly enriched
uranium.
Collaborative measures to reduce PL 108-375 Sec 1214... 555
the risks of a Russian launch,
report.
Coordination of nonproliferation PL 106-398 Sec 3174... 586
programs, sense of Congress.
Elimination of Weapons Grade
Plutonium Program
Department of Energy programs.. PL 107-314 Sec 3151... 86
Funds use limitation........... PL 106-398 Sec 1310... 102
Emergency preparedness testing... PL 104-201 Sec 1415... 313
Emergency response............... PL 104-201 Sec 1413... 312
Former Soviet Union and Eastern PL 102-484 Sec 1321... 666
Europe reduction policy.
High-yield explosives response PL 104-201 Sec 1414... 313
team.
Indefinite extension of Nuclear PL 103-337 Sec 1508... 648
Non-Proliferation Treaty, sense
of Congress.
International fissile material
and warhead control
Development and demonstration PL 102-484 Sec 3153... 673
program.
Negotiations................... PL 102-484 Sec 3151... 672
Tritium production............. PL 102-484 Sec 3154... 673
International nonproliferation PL 103-160 Sec 1611... 659
activities.
Nonproliferation provisions, PL 109-163 Sec 1212... 551
report.
North Korea and the Treaty on the PL 103-160 Sec 1613... 663
Non-Proliferation of Nuclear
Weapons.
Nuclear Cities Initiative........ PL 106-398 Sec 3172... 582
PL 107-107 Sec 3132... 578
Nuclear Cities Initiative program PL 107-107 Sec 3131... 578
and Initiatives for
Proliferation Prevention program
consolidation.
Nuclear non-proliferation EO 12058.............. 398
functions.
Nuclear terrorism prevention
Annual report.................. PL 110-181 Sec 3134... 542
Definitions.................... PL 110-181 Sec 3131... 540
Minimum security standard for PL 110-181 Sec 3133... 541
nuclear weapons and formula
quantities of strategic
special nuclear material.
Sense of Congress.............. PL 110-181 Sec 3132... 541
Nuclear winter findings and PL 98-525 Sec 1107.... 718
policy implications, report.
PL 99-145 Sec 1006.... 714
Plutonium production elimination. PL 104-201 Sec 1432... 318
Purchase, packaging and PL 104-201 Sec 1455... 323
transportation of fissile
materials at risk of theft,
sense of Congress.
Purchase of low-enriched uranium PL 104-201 Sec 1454... 323
derived from Russian highly
enriched uranium, sense of
Congress.
Reduction of excessive PL 108-136 Sec 3122... 564
unobligated or unexpended
balances for defense nuclear
nonproliferation activities,
report.
Report........................... PL 110-417 Sec 1044... 530
Risk reduction centers
Establishment in the United PL 98-525 Sec 1108.... 719
States and Soviet Union, sense
of Congress.
Support........................ PL 100-180 Sec 907.... 706
Sense of Congress............ PL 99-661 Sec 1004.... 709
Risk reduction measures, sense of PL 101-510 Sec 1441... 677
Congress.
Nuclear weapons--Continued
Russian nonstrategic nuclear PL 106-65 Sec 1312.... 109
arms, sense of Congress.
Russian nonstrategic weapons..... PL 105-261 Sec 1504... 600
Russian strategic missile PL 105-85 Sec 1301.... 612
detargeting, report.
Safe and secure dismantlement of PL 103-337 Sec 1209... 140
Soviet arsenal, sense of
Congress.
Securing weapons, material and PL 107-107 Sec 1205... 575
expertise of the States of the
former Soviet Union.
Security issues, report.......... PL 102-190 Sec 3142... 676
Soviet Nuclear Threat Reduction PL 102-228............ 166
Act of 1991.
Administration of program...... PL 102-228 Sec 221.... 167
Authorization of program....... PL 102-228 Sec 212.... 167
Dire emergency supplemental PL 102-228 Sec 223.... 169
appropriations.
Emergency airlift authorization PL 102-228 Sec 301.... 169
Prior notice of obligations to PL 102-228 Sec 231.... 169
Congress.
Repayment arrangements......... PL 102-228 Sec 222.... 168
Reporting requirements......... PL 102-228 Sec 302.... 171
START talks, sense of Congress... PL 100-456 Sec 902.... 695
START Treaties
Funds use limitation........... PL 105-85 Sec 1404.... 121
Modernization.................. PL 101-510 Sec 1442... 679
Monitoring issues, report...... PL 106-113 Sec 1114... 33
Ratification, sense of Congress PL 104-106 Sec 1406... 640
Strategic nuclear delivery PL 104-106 Sec 1404... 638
systems, limitation on
retirement or dismantlement.
PL 104-201 Sec 1302... 625
PL 105-85 Sec 1302.... 613
Strategic stability under START PL 106-65 Sec 1503.... 597
III, report.
Storage sites agreement between PL 106-398 Sec 1306... 97
Russia and United States.
Strategic arms reduction PL 101-189 Sec 1001... 682
agreement effect on Trident
program, report.
Strategic arms reduction talks PL 101-510 Sec 1443... 679
agreement.
Strategic arms reductions, sense PL 106-65 Sec 1502.... 596
of Congress.
Strategic nuclear delivery PL 104-106 Sec 1404... 638
systems, limitation on
retirement or dismantlement.
PL 104-201 Sec 1302... 625
PL 105-85 Sec 1302.... 613
Strategic nuclear submarine PL 98-525 Sec 1101.... 716
force, report.
Strategic nuclear warhead PL 108-136 Sec 1033... 562
dismantling, report.
Strategic stability under START PL 106-65 Sec 1503.... 597
III, report.
Strengthening sanctions against PL 104-201 Sec 1303... 627
proliferation activities.
Tactical nuclear warheads PL 98-525 Sec 1104.... 717
withdrawal from Europe, report.
Testing, sense of Congress....... PL 99-661 Sec 1002.... 707
Testing and test ban readiness PL 102-190 Sec 3140... 675
program negotiation resumption,
report.
Testing limitations negotiation.. PL 103-337 Sec 1509... 649
Tests in South Asia, sense of PL 105-261 Sec 1532... 609
Congress.
Theater nuclear weapons and force PL 98-525 Sec 1103.... 716
structure, report.
Treaties to prevent testing PL 98-525 Sec 1111.... 723
policy.
U.S. stockpile safety, security PL 105-85 Sec 1305.... 618
and reliability.
Nuclear weapons--Continued
United States Additional Protocol PL 109-401............ 193
Implementation Act.
Appropriations authorization... PL 109-401 Sec 281.... 205
Authority...................... PL 109-401 Sec 211.... 196
Complementary access
Authority requirement........ PL 109-401 Sec 221.... 196
Consents and warrants........ PL 109-401 Sec 223.... 198
Procedures for............... PL 109-401 Sec 222.... 197
Prohibited acts.............. PL 109-401 Sec 224.... 199
Confidentiality of information. PL 109-401 Sec 231.... 199
Definitions.................... PL 109-401 Sec 203.... 194
Enforcement.................... PL 109-401 Sec 243.... 202
Environmental sampling
National security exclusion PL 109-401 Sec 252.... 202
application.
Notification to Congress of PL 109-401 Sec 251.... 202
IAEA Board approval.
Rule of construction......... PL 109-401 Sec 254.... 203
Findings....................... PL 109-401 Sec 202.... 193
IAEA inspections and visits.... PL 109-401 Sec 262.... 204
Penalties...................... PL 109-401 Sec 242.... 200
Protection of national security PL 109-401 Sec 261.... 203
information.
Recordkeeping violations....... PL 109-401 Sec 241.... 200
Reports
Content of reports on U.S. PL 109-401 Sec 273.... 204
declarations.
Efforts to promote PL 109-401 Sec 274.... 205
implementation of additional
protocols.
IAEA notifications........... PL 109-401 Sec 275.... 205
Initial U.S. declaration..... PL 109-401 Sec 271.... 204
Revisions to initial U.S. PL 109-401 Sec 272.... 204
declaration.
Severability................... PL 109-401 Sec 204.... 196
United States-India Peaceful PL 109-401............ 482
Atomic Energy Cooperation Act of
2006.
Compliance with nuclear PL 109-401 Sec 105.... 496
nonproliferation treaty
obligations.
Congressional approval......... PL 109-401 Sec 104.... 485
Definitions.................... PL 109-401 Sec 110.... 497
Inoperability of determination PL 109-401 Sec 106.... 496
and waivers.
MTCR adherent status........... PL 109-401 Sec 107.... 496
Policy statements.............. PL 109-401 Sec 103.... 484
Scientific cooperative nuclear PL 109-401 Sec 109.... 497
nonproliferation program.
Sense of Congress.............. PL 109-401 Sec 102.... 482
Waiver authority............... PL 109-401 Sec 104.... 485
United States-Soviet negotiations PL 99-145 Sec 1004.... 714
on reduction in nuclear arms,
sense of Congress.
Verification conducted with PL 101-189 Sec 1002... 683
regard to mobile ICBMs under
START agreement, report.
Verification of compliance with PL 101-189 Sec 1010... 689
agreements to limit testing,
report.
Warhead dismantlement and PL 102-190 Sec 3141... 675
material disposal.
O
OAS. See Organization of American
States
OECD. See Organization for Economic
Cooperation and Development
Office of the United States
Coordinator for the Prevention of
Weapons of Mass Destruction
Proliferation and Terrorism
Annual report on strategic plan.. PL 110-53 Sec 1841(f). 188
Consultation with Commission..... PL 110-53 Sec 1841(e). 188
Duties........................... PL 110-53 Sec 1841(c). 186
Establishment of................. PL 110-53 Sec 1841(a). 185
Officers......................... PL 110-53 Sec 1841(b). 185
Staff............................ PL 110-53 Sec 1841(d). 187
United States-Russia cooperation PL 110-53 Sec 1842.... 188
and coordination, sense of
Congress.
On-Site Inspection Agency
Definitions...................... PL 87-297 Sec 504..... 26
Establishment and PL 87-297 Sec 501..... 24
responsibilities of.
Policy coordination.............. PL 87-297 Sec 502..... 25
Reprogramming notifications PL 87-297 Sec 503..... 26
review.
Operation Desert Shield/Desert
Storm
Arms sales restriction to Saudi PL 102-229 Sec 104.... 173
Arabia and Kuwait.
Congressional designation of PL 102-229 Sec 202.... 176
emergency.
Funds transfer................... PL 102-229 Sec 108.... 174
PL 102-229 Sec 109.... 175
United States recognition of PL 102-229 Sec 204.... 176
Ukrainian independence, sense of
the Senate.
OPIC. See Overseas Private
Investment Corporation
Organization for Economic
Cooperation and Development
Nuclear and radiological security PL 108-136 Sec 3631... 212
and safety discussions with IAEA.
Organization of American States
Privileges to representatives of PL 82-486............. 982
member states.
Organization of Eastern Caribbean
States
Immunities, exemptions and PL 79-291 Sec 11...... 979
privileges.
Overseas Private Investment
Corporation
Taiwan relations................. PL 96-8 Sec 5......... 840
P
Panama Canal
Delegation of functions.......... EO 12215.............. 922
Agencies....................... EO 12215 Sec 1-4...... 924
Coordination of pay and EO 12215 Sec 1-2...... 922
employment practices.
Panama Canal Commission........ EO 12215 Sec 1-3...... 923
Secretary of Defense........... EO 12215 Sec 1-1...... 922
Panama Canal Act of 1979........... PL 96-70.............. 855
Accounting policies.............. PL 96-70 Sec 1311..... 895
Audits........................... PL 96-70 Sec 1313..... 895
Board of Contract Appeals........ PL 96-70 Sec 3102..... 914
Claims for injuries to persons or PL 96-70 Sec 1401..... 902
property.
Congressional restraints on PL 96-70 Sec 1344..... 901
property transfer and tax
expenditures.
Definitions...................... PL 96-70 Sec 3........ 858
Disaster relief.................. PL 96-70 Sec 1343..... 900
Interagency services............. PL 96-70 Sec 1321..... 897
Operating regulations............ PL 96-70 Sec 1801..... 912
Panama Canal Board of Appeals
Appeals to..................... PL 96-70 Sec 1222..... 878
Duties......................... PL 96-70 Sec 1221..... 878
Panama Canal Commission
Administrator.................. PL 96-70 Sec 1103..... 864
Ambassador's authority......... PL 96-70 Sec 1110..... 867
Code of conduct for personnel.. PL 96-70 Sec 1112..... 868
Consultative committee......... PL 96-70 Sec 1105..... 865
Panama Canal Act of 1979--Continued
Panama Canal Commission--
Continued
Deputy administrator........... PL 96-70 Sec 1104..... 865
Establishment, purposes, PL 96-70 Sec 1101..... 860
offices and residence.
General powers................. PL 96-70 Sec 1102a.... 862
Joint Commission on the PL 96-70 Sec 1106..... 865
Environment.
Joint sea level canal study PL 96-70 Sec 1109..... 867
committee.
Office of Ombudsman............ PL 96-70 Sec 1113..... 869
Panama Canal defense........... PL 96-70 Sec 1108..... 866
Security legislation........... PL 96-70 Sec 1111..... 868
Specific powers................ PL 96-70 Sec 1102b.... 863
Supervisory board.............. PL 96-70 Sec 1102..... 860
Travel expenses................ PL 96-70 Sec 1107..... 866
Panama Canal Commission personnel
Air transportation............. PL 96-70 Sec 1210..... 873
Applicability of benefits...... PL 96-70 Sec 1209..... 872
Appointment, compensation and PL 96-70 Sec 1202..... 870
duties.
Benefits based on basic pay.... PL 96-70 Sec 1218..... 877
Canal Zone Policy Coordinating PL 96-70 Sec 1261..... 888
Board.
Compensation of uniformed PL 96-70 Sec 1204..... 871
services individuals.
Deduction from basic pay for PL 96-70 Sec 1205..... 872
supplies or services.
Definitions.................... PL 96-70 Sec 1201..... 870
PL 96-70 Sec 1211..... 873
Disability benefits PL 96-70 Sec 1245..... 886
administration.
Employment standards........... PL 96-70 Sec 1213..... 874
Labor-management relations..... PL 96-70 Sec 1271..... 888
Law enforcement employees...... PL 96-70 Sec 1261..... 888
Merit requirements............. PL 96-70 Sec 1212..... 873
Placement...................... PL 96-70 Sec 1232..... 882
Privileges and immunities...... PL 96-70 Sec 1208..... 872
Quarters allowance............. PL 96-70 Sec 1217a.... 876
Recruitment and retention PL 96-70 Sec 1217..... 875
remuneration.
Retirement under special treaty PL 96-70 Sec 1243..... 884
provisions.
Review and adjustment of PL 96-70 Sec 1220..... 878
classifications, grades and
pay level.
Transfer of Federal employees.. PL 96-70 Sec 1203..... 871
Transferred or reemployed PL 96-70 Sec 1231..... 879
employees.
Transition separation incentive PL 96-70 Sec 1233..... 882
payments.
Uniform application of PL 96-70 Sec 1216..... 875
standards and rates.
United States Code PL 96-70 Sec 1224..... 879
applicability.
Panama Canal Revolving Fund
Borrowing authority............ PL 96-70 Sec 1304..... 893
Dissolution of Commission...... PL 96-70 Sec 1305..... 893
Emergency authority............ PL 96-70 Sec 1303..... 892
Establishment of............... PL 96-70 Sec 1302..... 890
Printing....................... PL 96-70 Sec 1306..... 894
Payments to the Republic of PL 96-70 Sec 1341..... 899
Panama.
Postal service................... PL 96-70 Sec 1331..... 898
Procurement regulations.......... PL 96-70 Sec 3101..... 913
Public property
Assets and liabilities of PL 96-70 Sec 1501..... 907
Panama Canal Company.
Disposition of property of the PL 96-70 Sec 1503..... 908
United States.
Transfer of property to Panama. PL 96-70 Sec 1504..... 908
Panama Canal Act of 1979--Continued
Public property--Continued
Transfers and cross-servicing PL 96-70 Sec 1502..... 907
between agencies.
Reimbursements................... PL 96-70 Sec 1321..... 897
Reports.......................... PL 96-70 Sec 3301..... 916
Statement of purpose............. PL 96-70 Sec 2........ 858
Tolls for use of Canal
Bases of tolls................. PL 96-70 Sec 1602..... 909
Calculation of interest........ PL 96-70 Sec 1603..... 910
Prescription of measurement PL 96-70 Sec 1601..... 909
rules and rates.
Procedures..................... PL 96-70 Sec 1604..... 911
Transactions with the Republic of PL 96-70 Sec 1342..... 900
Panama.
Vessel damage claims
Actions on claims.............. PL 96-70 Sec 1416..... 905
Board of Local Inspectors...... PL 96-70 Sec 1418..... 906
Delays for which no PL 96-70 Sec 1414..... 905
responsibility is assumed.
Injuries in locks.............. PL 96-70 Sec 1411..... 902
Injuries outside locks......... PL 96-70 Sec 1412..... 903
Insurance...................... PL 96-70 Sec 1419..... 907
Investigation of accident or PL 96-70 Sec 1417..... 906
injury.
Measure of damages............. PL 96-70 Sec 1413..... 904
Settlement..................... PL 96-70 Sec 1415..... 905
Vessel inspection
Foreign vessels................ PL 96-70 Sec 1812..... 913
Regulations.................... PL 96-70 Sec 1813..... 913
Vessels subject to inspection.. PL 96-70 Sec 1811..... 913
Panama Canal Commission PL 100-705............ 918
Compensation Fund Act of 1988.
Continuation of benefits......... PL 100-705 Sec 6...... 920
Establishment of Fund............ PL 100-705 Sec 2...... 918
Final evaluation of the Fund..... PL 100-705 Sec 5...... 919
Operation of Fund................ PL 100-705 Sec 3...... 918
Transfers from the Fund for PL 100-705 Sec 4...... 919
compensation benefits.
Panama Canal Reauthorization
Report to Congress............... PL 100-203 Sec 5418... 921
Partnership for Peace Information
Management System
Funding.......................... PL 104-208 Sec 608.... 828
Peaceful Nuclear Explosions Treaty
On-Site Inspection Agency PL 87-297 Sec 501..... 25
responsibilities.
Peacekeeping activities
Funds use prohibition for PL 104-106 Sec 1203... 132
exercises with Russia.
Middle East
U.S. payments authorization.... PL 94-37.............. 969
Reform certification requirements PL 106-113 Sec 931.... 954
Restriction on U.S. participation PL 107-206 Sec 2005... 788
in certain U.N. operations.
U.S. financial contributions..... PL 79-264 Sec 4....... 930
People's Republic of China
Adherence to MTCR................ PL 106-65 Sec 1401.... 587
Diplomatic privileges to the PL 93-22.............. 984
Liaison Office.
End-use verification for use of PL 106-65 Sec 1407.... 591
high-performance computers.
Exporting high-performance PL 106-65 Sec 1406.... 591
computers to, report.
Joint Defense Conversion PL 104-201 Sec 1307... 631
Commission with United States.
Military capabilities, report.... PL 104-201 Sec 1305... 627
People's Republic of China--
Continued
Nonproliferation provisions
Prohibition on procurements PL 109-163 Sec 1211... 550
from military companies.
Satellite export controls, report PL 105-261 Sec 1515... 605
Security risks of participation PL 110-417 Sec 1233... 532
by defense contractors in space
activities.
Technology transmitted to, report PL 106-65 Sec 1405.... 591
Weapons proliferation and PL 104-201 Sec 1306... 628
policies, report.
Permanent Observer Mission of the
Holy See to the United Nations
Diplomatic privileges............ PL 109-472 Sec 7...... 987
Presidential Special PL 87-297 Sec 201..... 9
Representatives.
Proliferation Prevention PL 106-113............ 257
Enhancement Act of 1999.
Automated Export System
Definitions.................... PL 106-113 Sec 1256... 260
Department of State licensing PL 106-113 Sec 1255... 259
procedures acceleration.
Mandatory use.................. PL 106-113 Sec 1252... 258
Report to Congress............. PL 106-113 Sec 1254... 259
Voluntary use, sense of PL 106-113 Sec 1253... 259
Congress.
Proliferation Security Initiative
Improvements and authorities..... PL 110-53 Sec 1821.... 181
Protection and Prevention of Crimes 18 USC................ 988
Against Internationally Protected
Persons.
Conspiracy to murder............. 18 USC Sec 1117....... 993
Kidnapping....................... 18 USC Sec 1201....... 993
Murder or manslaughter........... 18 USC Sec 1116....... 991
Property occupied by foreign 18 USC Sec 970........ 990
governments.
Protection of foreign officials 18 USC Sec 112........ 988
and official guests.
Threats and extortion............ 18 USC Sec 878........ 990
R
Radar, Krasnoyarsk
Findings and sense of Congress... PL 100-180 Sec 902.... 702
PL 101-189 Sec 1006... 686
Radiological weapons. See also Arms
control
Emergency preparedness testing... PL 104-201 Sec 1415... 313
High-yield explosives response PL 104-201 Sec 1414... 313
team.
Reagan National Defense
Authorization Act, FY 2005. See
Cooperative Threat Reduction, FY
2005; National Defense
Authorization Act, FY 2005
Red Cross, International Committee
of the
Immunities, exemptions and PL 79-291 Sec 13...... 980
privileges.
Refugees
International mine clearing PL 102-484 Sec 1364... 669
efforts, report.
Regional Airspace Initiative
Funding.......................... PL 104-208 Sec 608.... 828
Reports to Congress
American Institute of Taiwan..... PL 96-8 Sec 12........ 844
Arms control
Activities and assistance...... PL 106-398 Sec 1308... 98
Advisory panel to assess PL 105-261 Sec 1405(h) 298
domestic response capabilities.
Annual review of IAEA projects. PL 107-228 Sec 1343... 232
Appropriations request summary PL 105-261 Sec 1307... 115
submission requirement.
Assistance to Russia for PL 103-160 Sec 1612(d) 662
construction of plutonium
storage facility.
Reports to Congress--Continued
Arms control--Continued
Audits......................... PL 106-398 Sec 1311... 102
Automated Export System PL 106-113 Sec 1254... 259
mandatory use.
Ballistic missile defense PL 105-277 Sec 2705(d) 821
restrictions and requirements.
Biological weapons programs in PL 105-261 Sec 1308... 116
Russia.
Chemical Weapons Convention PL 107-228 Sec 1605(b) 237
compliance.
Chemical weapons destruction at PL 110-181 Sec 1307... 55
Shchuch'ye, Russia.
China weapons proliferation.... EO 12851 Sec 4........ 363
Collaborative measures to PL 108-375 Sec 1214... 555
reduce the risks of a Russian
nuclear weapons launch.
Compliance verification........ PL 87-297 Sec 306..... 14
Comprehensive inventory of PL 109-163 Sec 3115(b) 552
Russian nonstrategic nuclear
weapons.
Comprehensive preparedness PL 104-201 Sec 1443(c) 322
program.
Contributions of foreign PL 104-293 Sec 722.... 306
persons to weapons of mass
destruction and delivery
systems efforts of countries
of concern.
Counterproliferation activities PL 103-337 Sec 1503... 644
and programs.
Crisis stability and control PL 99-93 Sec 706(b)... 45
study.
Defense industries conversion.. PL 101-216 Sec 106.... 40
Demarches...................... PL 103-236 Sec 828(b). 330
Department of Energy PL 106-398 Sec 3173... 585
nonproliferation monitoring.
Department of Energy PL 95-238 Sec 203..... 403
requirements.
PL 95-238 Sec 208..... 403
Detailing U.S. governmental PL 107-228 Sec 1603(b) 235
personnel to international
organizations.
Determinations regarding use of PL 102-182 Sec 306(b). 352
chemical or biological weapons.
Domestic preparedness for PL 105-261 Sec 1402(b) 297
response to threats of use of
weapons of mass destruction.
Elimination of Russian PL 106-398 Sec 1309(b) 102
stockpile.
Enhancing nuclear forensics PL 110-417 Sec 3114(c) 535
capabilities.
Expanded Threat Reduction PL 106-65 Sec 1309.... 108
Initiative.
Foreign launch security PL 106-65 Sec 1405.... 591
violations.
Former Soviet Union and Eastern PL 102-484 Sec 1321(c) 668
Europe nuclear weapons
reduction.
Funding allocations............ PL 110-417 Sec 1302... 48
PL 106-398 Sec 1302(b) 96
PL 107-107 Sec 1302(b) 91
PL 108-136 Sec 1302(b) 73
PL 108-375 Sec 1302(b) 70
PL 109-163 Sec 1302(b) 66
PL 109-364 Sec 1302(b) 62
PL 110-181 Sec 1302(b) 53
PL 107-314 Sec 1302(c) 83
Funds use limitation for PL 106-398 Sec 1307(b) 97
construction of fossil fuel
energy plants.
Funds use prohibition until PL 104-201 Sec 1504... 127
report submission.
Reports to Congress--Continued
Arms control--Continued
Funds use prohibition until
report submission--Continued
PL 105-85 Sec 1405.... 121
PL 105-85 Sec 1407.... 122
PL 105-85 Sec 1408.... 122
PL 106-65 Sec 1306.... 107
PL 107-107 Sec 1303... 92
PL 107-314 Sec 1303... 84
Global initiatives for PL 110-417 Sec 3116(b) 536
proliferation prevention
program.
Individuals with expertise in PL 105-261 Sec 1309... 117
weapons of mass destruction
programs.
Inspector General.............. PL 100-213 Sec 6...... 42
International nonproliferation PL 102-484 Sec 1505(e) 343
initiative.
International Nuclear Materials PL 109-364 Sec 3114(e) 548
Protection and Cooperation
program contributions
utilization.
International security for PL 107-314 Sec 3158... 571
nuclear materials and
operations.
International Space Station PL 106-178 Sec 6(i)... 247
payments.
Iran, North Korea and Syria PL 106-178 Sec 2...... 239
nonproliferation.
Iran-Iraq nonproliferation..... PL 102-484 Sec 1607... 347
Iran nuclear proliferation PL 107-228 Sec 1344... 233
prevention.
Iran's capability to produce PL 110-417 Sec 1234... 534
nuclear weapons.
Iraq acquisition of advanced PL 108-136 Sec 1204... 563
weapons.
Limited waiver of restrictions PL 107-314 Sec 1306(b) 85
on use of funds.
Military assistance to civilian PL 104-201 Sec 1416(e) 315
law enforcement officials in
emergency situations involving
biological or chemical weapons.
Missile proliferation sanctions EO 12851 Sec 2(c)..... 363
National Academy of Sciences PL 109-364 Sec 1304... 63
biological weapons
proliferation prevention study.
PL 110-181 Sec 1308... 56
National Academy of Sciences PL 110-181 Sec 1306(b) 55
study.
Negotiating records............ PL 103-236 Sec 713(b). 38
Nonproliferation activities of PL 102-484 Sec 1503... 338
Department of Defense and
Department of Energy.
Nonproliferation and PL 103-160 Sec 1606... 658
counterproliferation
activities and programs.
Nonproliferation and PL 102-511 Sec 508(b). 155
disarmament activities.
Nonproliferation assistance PL 107-228 Sec 1339(a) 231
coordination.
Nonstrategic nuclear weapons... PL 109-163 Sec 1212... 551
North Korea nonproliferation PL 109-364 Sec 1211... 546
policy.
Nuclear Cities Initiative...... PL 107-107 Sec 3132... 578
Nuclear material export PL 83-703 Sec 134(b).. 462
restrictions.
Nuclear material international PL 83-703 Sec 130..... 451
agreements.
Nuclear Materials Protection, PL 106-398 Sec 3171... 581
Control and Accounting Program
status.
Nuclear nonproliferation....... PL 95-242 Sec 601..... 393
Reports to Congress--Continued
Arms control--Continued
Nuclear nonproliferation--
Continued
PL 95-242 Sec 602..... 395
PL 103-236 Sec 843.... 334
PL 106-113 Sec 1134... 255
Nuclear nonproliferation PL 95-242 Sec 503..... 393
assistance to developing
countries.
Nuclear terrorism prevention... PL 110-181 Sec 3134... 542
Nuclear weapons................ PL 110-417 Sec 1044(c) 531
Obligation of funds prior PL 103-160 Sec 1206... 147
notice.
PL 104-106 Sec 1205... 132
Offensive warfare program of PL 103-337 Sec 1207... 137
the former Soviet Union.
On-site inspection agency...... PL 100-456 Sec 909.... 698
Payment of taxes, duties, and PL 105-85 Sec 1409.... 123
other assessments on
assistance, report.
People's Republic of China PL 106-65 Sec 1401(b). 587
adherence to MTCR.
Policy and actions............. PL 87-297 Sec 403..... 21
Policy implications............ PL 100-180 Sec 906.... 706
Procurement sanction on persons PL 103-236 Sec 821(b). 325
engaging in export activities
that contribute to
proliferation.
Prohibition on assisting PL 103-236 Sec 824(e). 329
proliferation through the
provision of financing.
Proliferation of missiles and PL 107-228 Sec 1308... 217
essential components of
nuclear, biological, chemical
and radiological weapons.
Reduction of excessive PL 108-136 Sec 3122... 564
unobligated or unexpended
balances for defense nuclear
nonproliferation activities.
Removal or security of fissile PL 108-375 Sec 3132(d) 557
materials, radiological
materials, and related
equipment at vulnerable sites.
Report submission requirement.. PL 106-65 Sec 1308.... 108
Republic of Korea, PL 109-364 Sec 1212... 546
participation of multinational
partners in the United Nations
Command.
Research and development PL 103-236 Sec 711.... 38
coordination.
Response to increased missile PL 105-261 Sec 1533... 610
threat in Asia-Pacific region.
Response to threats of PL 104-201 Sec 1411(b) 312
terrorist incidents.
Revitalization of ACDA......... PL 103-236 Sec 717.... 38
Russian Federation debt PL 107-228 Sec 1321... 227
reduction for nonproliferation.
Russian nonstrategic nuclear PL 105-261 Sec 1504... 600
weapons.
Russian Plutonium Disposition PL 109-364 Sec 3114(e) 548
program contributions
utilization.
Russian proliferation to Iran PL 107-314 Sec 1206... 569
and other countries of concern.
Russian strategic missile PL 105-85 Sec 1301.... 612
detargeting.
Sanctions against use of PL 102-182 Sec 307(d). 356
chemical or biological weapons.
Secretary of Defense report.... PL 110-181 Sec 1306(c) 55
Security risks of participation PL 110-417 Sec 1233(d) 533
by defense contractors in
space activities of People's
Republic of China.
Reports to Congress--Continued
Arms control--Continued
South Asia nuclear and missile PL 107-228 Sec 1601(c) 235
nonproliferation.
Soviet compliance with PL 98-525 Sec 1106.... 718
agreements.
Soviet Union Compliance with PL 100-180 Sec 903.... 703
Threshold Test Ban Treaty.
Special nuclear materials of PL 102-511 Sec 510.... 158
the former Soviet Union.
Standing Consultative PL 100-213 Sec 3(c)... 41
Commission.
START and START II Treaties PL 106-113 Sec 1114... 33
monitoring.
Strategic arms reduction talks PL 101-510 Sec 1443... 679
agreement.
Strategic nuclear warhead PL 108-136 Sec 1033... 562
dismantling.
Strategic stability under START PL 106-65 Sec 1503.... 597
III.
Studies compilation............ PL 87-297 Sec 308..... 16
Technology acquisition relating PL 104-293 Sec 721.... 305
to weapons of mass destruction
and advanced conventional
munitions.
Transfers of militarily PL 106-65 Sec 1402.... 588
sensitive technology to
countries of concern.
Transmission of classified PL 105-261 Sec 1502... 599
summaries.
Trial investigations and trial PL 106-113 Sec 1124(d) 253
visits.
U.S. counterforce capability... PL 98-525 Sec 1105.... 717
U.S. policy at the Nuclear PL 110-369 Sec 204(c). 481
Suppliers Group to strengthen
international nuclear
nonproliferation regime.
United States-India Peaceful PL 109-401 Sec 104(g). 491
Atomic Energy Cooperation Act
of 2006.
Uranium enrichment capacity.... PL 95-242 Sec 103..... 383
Verification capabilities study PL 99-145 Sec 1003.... 713
Verification policy and PL 100-456 Sec 910.... 699
research and development
activities coordination.
Weapons-grade uranium and PL 108-136 Sec 3123... 564
plutonium of the former Soviet
Union.
Weapons of mass destruction
Commission on the Prevention PL 110-53 Sec 1857.... 192
of Weapons of Mass
Destruction Proliferation
and Terrorism.
Content of reports on U.S. PL 109-401 Sec 273.... 204
declarations to the IAEA.
Control and accountability of PL 103-337 Sec 1204... 136
materials.
Efforts to promote PL 109-401 Sec 274.... 205
implementation of additional
protocols.
IAEA notifications........... PL 109-401 Sec 275.... 205
Initial U.S. declaration to PL 109-401 Sec 271.... 204
the IAEA.
Office of the United States PL 110-53 Sec 1841(f). 188
Coordinator for the
Prevention of Weapons of
Mass Destruction
Proliferation and Terrorism
strategic plan.
Proliferation Security PL 110-53 Sec 1821.... 181
Initiative improvements and
authorities.
Revisions to initial U.S. PL 109-401 Sec 272.... 204
declaration to the IAEA.
Ballistic missile defense PL 101-189 Sec 1004... 684
systems, capabilities of United
States and Soviet Union to
produce and deploy.
Chairman of the Joint Chiefs of PL 99-661 Sec 1003.... 708
Staff on U.S. non-compliance
with strategic arms agreements.
Reports to Congress--Continued
Chemical Weapons Convention
Inspections.................... PL 105-277 Sec 309.... 287
United States National PL 105-277 Sec 401.... 288
Authority requirements.
Commission to Assess the PL 104-201 Sec 1323... 635
Ballistic Missile Threat to the
United States.
Compliance with existing PL 99-145 Sec 1001(b). 712
strategic offensive arms
agreements policy.
Diplomatic and consular missions, PL 99-93 Sec 136...... 1016
Soviet employees at United
States missions in the Soviet
Union.
Elimination of impediments to PL 109-163 Sec 1304... 67
programs.
Emergency communications PL 105-261 Sec 1503... 600
capabilities between United
States and Russia.
Export control violations by PL 106-65 Sec 1412.... 595
satellite manufacturers.
Federal Bureau of Investigation
Chemical Weapons Convention PL 106-113 Sec 1117(b) 34
Implementation Act
implementation.
Haiti
Human rights................... PL 103-423 Sec 4...... 769
U.S. agreements................ PL 103-423 Sec 5...... 769
U.S. policy.................... PL 103-423 Sec 3...... 768
Intercountry adoption............ PL 106-279 Sec 104.... 1021
International mine clearing PL 102-484 Sec 1364... 669
efforts in refugee situations.
International Nonproliferation PL 102-511 Sec 509(e). 157
Initiative.
Iraq
Authorization for use of PL 102-1 Sec 3........ 771
military force.
Use of military force against.. PL 107-243 Sec 4...... 744
Middle East
Multinational Force and PL 97-132 Sec 6....... 801
Observers participation.
Military commissions............. PL 109-366 Sec 3...... 750
Military consequences of PL 100-180 Sec 905.... 705
elimination of ballistic
missiles.
MTCR............................. PL 100-180 Sec 901.... 701
Moratorium on antipersonnel PL 104-106 Sec 1402... 637
landmines use by Armed Forces.
PL 105-85 Sec 1309.... 622
Multinational force in Lebanon... PL 98-119 Sec 4....... 777
National emergencies............. PL 94-412 Sec 401..... 736
NATO participation............... PL 103-447 Sec 205.... 834
Negotiations with the Soviet PL 101-189 Sec 1009... 688
Union regarding limitations on
anti-satellite capabilities.
Nuclear export requirement....... PL 105-261 Sec 1523... 608
Nuclear security initiative
Comprehensive inventory of PL 108-136 Sec 3621(b) 211
Russian tactical weapons.
Management assessment of threat PL 108-136 Sec 3611(c) 80
reduction and nonproliferation
programs.
...................... 210
Nuclear and radiological PL 108-136 Sec 3631... 212
security and safety
discussions between IAEA and
OECD.
United States and NATO PL 108-136 Sec 3623... 211
cooperation with Russia on
ballistic missile defenses.
Nuclear weapons
Accidental launch protection... PL 101-189 Sec 1005(c) 686
Alternative strategic nuclear PL 100-456 Sec 908.... 697
force for the United States
under potential START Treaty.
Reports to Congress--Continued
Nuclear weapons--Continued
Nuclear winter findings and PL 98-525 Sec 1107.... 718
policy implications.
PL 99-145 Sec 1006.... 714
Risk reduction measures........ PL 101-510 Sec 1441(c) 678
Security issues................ PL 102-190 Sec 3142... 676
Strategic arms reduction PL 101-189 Sec 1001... 592
agreement effect on Trident
program.
Strategic nuclear submarine PL 98-525 Sec 1101.... 716
force.
Tactical nuclear warheads PL 98-525 Sec 1104.... 717
withdrawal from Europe.
Testing and test ban readiness PL 102-190 Sec 3140... 675
program negotiation resumption.
Theater nuclear weapons and PL 98-525 Sec 1103.... 716
force structure.
Verification conducted with PL 101-189 Sec 1002... 683
regard to mobile ICBMs under
START agreement.
Verification of compliance with PL 101-189 Sec 1010... 689
agreements to limit testing.
War Powers Resolution.......... PL 93-148 Sec 4....... 728
Panama Canal reauthorization..... PL 100-203 Sec 5418... 921
Panama Canal Treaty.............. PL 96-70 Sec 3301..... 916
People's Republic of China
Exporting high-performance PL 106-65 Sec 1406.... 591
computers to.
Military capabilities.......... PL 104-201 Sec 1305... 627
Satellite export controls...... PL 105-261 Sec 1515... 605
Technology transmitted to...... PL 106-65 Sec 1405.... 591
Weapons proliferation and PL 104-201 Sec 1306... 628
policies.
Satellites
Survivability.................. PL 101-189 Sec 1008... 687
Technology safeguards.......... PL 106-65 Sec 1409.... 592
United States Munitions List PL 105-261 Sec 1513... 602
export controls.
Somalia
Involvement of United States PL 103-160 Sec 1512... 774
Armed Forces.
Soviet weapons destruction
Emergency airlift authorization PL 102-228 Sec 301.... 169
Prior notice of obligations.... PL 102-228 Sec 231.... 169
Space nuclear reactors effect on PL 101-189 Sec 1012... 690
gamma-ray astronomy missions.
United Nations
Financial contributions to..... PL 79-264 Sec 4....... 930
War Powers Resolution............ PL 93-148 Sec 4....... 728
Republic of Panama. See Panama
Canal Act of 1979
Riot control agents
Renunciation of war use.......... EO 11850.............. 359
Ronald W. Reagan National Defense
Authorization Act, FY 2005. See
Cooperative Threat Reduction, FY
2005; National Defense
Authorization Act, FY 2005
Russia
Assistance for construction of PL 103-160 Sec 1612... 662
plutonium storage facility.
Department of Energy National
Security Programs
Elimination of weapons grade PL 107-314 Sec 3151... 86
plutonium production.
Emergency communications PL 105-261 Sec 1503... 600
capabilities with United States,
report.
Nonstrategic nuclear weapons..... PL 105-261 Sec 1504... 600
START Treaty
Monitoring issues, report...... PL 106-113 Sec 1114... 33
Strategic missile detargeting, PL 105-85 Sec 1301.... 612
report.
Russian Federation
Blocking property of the EO 13159.............. 373
government related to
disposition of highly enriched
uranium extracted from nuclear
weapons.
Collaborative measures to reduce PL 108-375 Sec 1214... 555
the risks of a nuclear weapons
launch, report.
Comprehensive inventory of PL 109-163 Sec 3115... 551
nonstrategic nuclear weapons,
report.
Joint Data Exchange Center PL 107-107 Sec 1202... 574
funding limitation.
Nuclear nonproliferation PL 108-375 Sec 3134... 560
fellowships for scientists.
Nuclear security initiative
Comprehensive inventory of PL 108-136 Sec 3621... 211
tactical weapons.
Enhanced collaboration for more PL 108-136 Sec 3624... 212
reliable Russian early warning
systems, sense of Congress.
Interparliamentary Threat PL 108-136 Sec 3622... 211
Reduction Working Group
establishment.
U.S. and NATO cooperation on PL 108-136 Sec 3623... 211
ballistic missile defenses,
sense of Congress.
Proliferation to Iran and other PL 107-314 Sec 1206... 569
countries of concern, report.
Weapons of mass destruction
proliferation prevention
United States-Russia PL 110-53 Sec 1842.... 188
cooperation and coordination,
sense of Congress.
Russian Federation Debt Reduction PL 107-228............ 221
for Nonproliferation Act of 2002.
Center for an Independent Press PL 107-228 Sec 1316... 226
and the Rule of Law
establishment.
Congressional consultations...... PL 107-228 Sec 1320... 227
Debt reduction authority PL 107-228 Sec 1317... 226
restriction.
Debt reduction with other PL 107-228 Sec 1318... 227
creditor states, sense of
Congress.
Definitions...................... PL 107-228 Sec 1313... 223
Findings......................... PL 107-228 Sec 1312(a) 221
Purposes......................... PL 107-228 Sec 1312(b) 223
Reduction of Soviet-era debt PL 107-228 Sec 1314... 224
obligations to the United States
authorization.
Reports to Congress.............. PL 107-228 Sec 1321... 227
Russian Federation PL 107-228 Sec 1315... 225
Nonproliferation Investment
Agreement.
U.S. policy implementation, sense PL 107-228 Sec 1319... 227
of Congress.
Russian Plutonium Disposition
program
Contributions utilization........ PL 109-364 Sec 3114... 548
S
SALT II Treaty. See Strategic Arms
Limitation Treaty
Satellites
Export controls
Certification of missile PL 105-261 Sec 1512... 602
equipment or technology to
China.
Licensing...................... PL 106-65 Sec 1404.... 590
National security controls on PL 105-261 Sec 1514... 603
licensing.
People's Republic of China PL 105-261 Sec 1515... 605
launching, report.
Satellites--Continued
Export controls--Continued
Related items defined.......... PL 105-261 Sec 1516... 606
Sense of Congress.............. PL 105-261 Sec 1511... 601
United States Munitions List... PL 105-261 Sec 1513... 602
Violations by manufacturers.... PL 106-65 Sec 1412.... 595
License applications, enhanced PL 106-65 Sec 1411.... 594
intelligence consultation.
Licensing decisions for PL 106-65 Sec 1410.... 594
commercial launch, timely
notification by the Department
of State.
Negotiations with the Soviet PL 101-189 Sec 1009... 688
Union regarding limitations on
anti-satellite capabilities,
report.
Survivability, report............ PL 101-189 Sec 1008... 687
Saudi Arabia
Arms sales restriction........... PL 102-229 Sec 104.... 173
Scholars. See Visiting scholars
program
Secretary of Defense. See also
Defense, Department of
Cooperative threat reduction PL 110-181 Sec 1306(c) 55
report.
Detention, treatment and trial of
certain non-citizens in the war
against terrorism
Authorities.................... Mil Ord Nov. 13, 2001 762
Sec 6.
Detention authority............ Mil Ord Nov. 13, 2001 760
Sec 3.
Obligation of other agencies to Mil Ord Nov. 13, 2001 761
assist. Sec 5.
Trials authority............... Mil Ord Nov. 13, 2001 761
Sec 4.
Panama Canal responsibilities.... EO 12215 Sec 1-1...... 922
Secretary of State. See also State,
Department of
Assistant Secretaries of State
Arms control verification and PL 106-113 Sec 1112... 32
compliance.
Intercountry adoption
Oversight of accreditation or PL 106-279 Sec 204.... 1027
approval.
Responsibilities............... PL 106-279 Sec 102.... 1019
Security
Controls on satellite export PL 105-261 Sec 1514... 603
licensing.
Detection equipment procurement PL 104-201 Sec 1421... 317
for U.S. border security.
Exports
High-performance computers to PL 106-65 Sec 1406.... 591
People's Republic of China,
report.
Release of information by PL 105-261 Sec 1522... 608
Department of Commerce to
other agencies.
Haiti
Presidential statement of PL 103-423 Sec 2...... 767
objectives.
Prohibition on transfer of PL 107-206 Sec 2006... 789
classified national security
information to the International
Criminal Court.
Southeast Asia
Tonkin Gulf Resolution......... PL 88-408............. 806
Security Assistance Act of 1999.
See Proliferation Prevention
Enhancement Act of 1999
Security Assistance Act of 2002
Key Verification Assets Fund..... PL 107-228 Sec 1102... 28
Personnel appropriations......... PL 107-228 Sec 1101(b) 28
Verification and compliance PL 107-228 Sec 1101(a) 28
appropriations.
Sensitive Compartmented Information
Facility
Verification and compliance PL 107-228 Sec 1101(a) 28
appropriations.
Servicemembers' Protection Act of PL 107-206............ 783
2002.
Alliance command arrangements.... PL 107-206 Sec 2009... 791
Assistance to international PL 107-206 Sec 2015... 794
efforts.
Authority to free members of the PL 107-206 Sec 2008... 790
United States Armed Forces
detained or imprisoned by the
International Criminal Court.
Constitutional authorities PL 107-206 Sec 2011... 791
exercise.
Cooperation with the PL 107-206 Sec 2004... 787
International Criminal Court
prohibition.
Definitions...................... PL 107-206 Sec 2013... 792
Findings......................... PL 107-206 Sec 2002... 783
Nondelegation.................... PL 107-206 Sec 2012... 792
Prohibition on transfer of PL 107-206 Sec 2006... 789
classified national security
information to the International
Criminal Court.
Restriction on U.S. participation PL 107-206 Sec 2005... 788
in certain U.N. peacekeeping
operations.
Waiver and termination of PL 107-206 Sec 2003... 785
prohibitions.
Withholdings..................... PL 107-206 Sec 2010... 791
Silk Road Initiative
Defined.......................... PL 108-375 Sec 3133(b) 560
Funding.......................... PL 108-375 Sec 3133(c) 560
Program authorization............ PL 108-375 Sec 3133(a) 559
Sinai
Implementing the U.S. Proposal PL 94-110............. 804
for the Early-Warning System in
Sinai.
Somalia
Authorization for use of military PL 103-139 Sec 8151... 772
force.
Involvement of United States PL 103-160 Sec 1512... 774
Armed Forces policy.
South Asia
Nuclear and missile PL 107-228 Sec 1601... 234
nonproliferation.
Nuclear tests, sense of Congress. PL 105-261 Sec 1532... 609
Southeast Asia
Tonkin Gulf Resolution........... PL 88-408............. 806
Soviet Nuclear Threat Reduction Act PL 102-228............ 166
of 1991.
Weapons destruction
Administration of program...... PL 102-228 Sec 221.... 167
Authorization of program....... PL 102-228 Sec 212.... 167
Dire emergency supplemental PL 102-228 Sec 223.... 169
appropriations.
Emergency airlift authorization PL 102-228 Sec 301.... 169
Prior notice of obligations to PL 102-228 Sec 231.... 169
Congress.
Repayment arrangements......... PL 102-228 Sec 222.... 168
Reporting requirements......... PL 102-228 Sec 302.... 171
Soviet Nuclear Threat Reduction PL 102-229............ 173
Appropriations, FY 1992.
Arms sales restriction to Saudi PL 102-229 Sec 104.... 173
Arabia and Kuwait.
Congressional designation of PL 102-229 Sec 202.... 176
emergency.
Funds transfer................... PL 102-229 Sec 108.... 174
PL 102-229 Sec 109.... 175
United States recognition of PL 102-229 Sec 204.... 176
Ukrainian independence, sense of
the Senate.
Soviet Union. See also States of
the former Soviet Union
Ballistic missile defense PL 101-189 Sec 1004... 684
systems, capability to produce
and deploy, report.
Compliance with arms control PL 98-525 Sec 1106.... 718
agreements, report.
Compliance with Threshold Test PL 100-180 Sec 903.... 703
Ban Treaty, report.
Space science
International Space Station
Restriction on extraordinary PL 106-178 Sec 6...... 244
payments.
Space science--Continued
Proliferation of space launch PL 103-160 Sec 1614... 664
vehicle technologies, sense of
Congress.
Security risks of participation PL 110-417 Sec 1233... 532
by defense contractors in
activities of People's Republic
of China.
Space nuclear reactors effect on PL 101-189 Sec 1012... 690
gamma-ray astronomy missions,
report.
Special Representatives of the PL 87-297 Sec 201..... 9
President.
Spence National Defense
Authorization Act, FY 2001. See
Cooperative Threat Reduction, FY
2001; National Defense
Authorization Act, FY 2001
START Treaties
Alternative strategic nuclear PL 100-456 Sec 908.... 697
force for the United States.
Effect on Trident program, report PL 101-189 Sec 1001... 682
Funds use limitation............. PL 105-85 Sec 1404.... 121
Modernization.................... PL 101-510 Sec 1442... 679
Monitoring issues, report........ PL 106-113 Sec 1114... 33
Ratification, sense of Congress.. PL 104-106 Sec 1406... 640
Sense of Congress................ PL 100-456 Sec 902.... 695
PL 101-189 Sec 1003... 683
Strategic nuclear delivery PL 104-106 Sec 1404... 638
systems, limitation on
retirement or dismantlement.
PL 104-201 Sec 1302... 625
PL 105-85 Sec 1302.... 613
Strategic stability under START PL 106-65 Sec 1503.... 597
III, report.
Verification conducted with PL 101-189 Sec 1002... 683
regard to mobile ICBMs, report.
State, Department of. See also
Department of State Authorization
Act, FY 2003; Secretary of State
Authorization for communication EO 11057.............. 526
of restricted Atomic Energy
Commission data.
Chemical Weapons Convention EO 13128.............. 371
implementation.
Defense trade control licensing PL 106-113 Sec 1255... 259
procedures acceleration.
Licensing decisions for PL 106-65 Sec 1410.... 594
commercial satellite launch,
timely notification of.
States of the former Soviet Union.
See also Soviet Union
Cooperative threat reduction
Activities and assistance, PL 106-398 Sec 1308... 98
reports.
Appropriate congressional PL 103-160 Sec 1208... 147
committees defined.
Appropriations request summary PL 105-261 Sec 1307... 115
submission requirement.
Audits, report................. PL 106-398 Sec 1311... 102
Authorization for additional FY PL 103-160 Sec 1209... 148
1993 assistance.
Biological research PL 108-136 Sec 1304... 75
restrictions.
Biological weapons programs in PL 105-261 Sec 1308... 116
Russia, report.
Biological weapons PL 110-181 Sec 1308... 56
proliferation prevention,
National Academy of Sciences
study.
Certification on use of PL 108-136 Sec 1307... 77
facilities.
Chemical weapons destruction at PL 110-181 Sec 1307... 55
Shchuch'ye, Russia, report.
Chemical weapons destruction
facility
Funds use limitation......... PL 104-106 Sec 1209... 134
In Russia, funding limitation PL 108-136 Sec 1306... 77
waiver.
States of the former Soviet Union--
Continued
Cooperative threat reduction--
Continued
Chemical weapons elimination... PL 106-398 Sec 1309... 101
Cooperative counter PL 105-261 Sec 1306... 114
proliferation program.
Demilitarization Enterprise PL 103-160 Sec 1204... 145
Fund.
Elimination of impediments to PL 109-163 Sec 1304... 67
programs, report.
Expanded Threat Reduction PL 106-65 Sec 1309.... 108
Initiative, report.
Findings....................... PL 103-160 Sec 1202... 143
Funding allocations............ PL 104-106 Sec 1202... 130
PL 104-201 Sec 1502... 126
PL 105-85 Sec 1402.... 119
PL 105-261 Sec 1302... 111
PL 106-65 Sec 1302.... 105
PL 106-398 Sec 1302... 95
PL 107-107 Sec 1302... 90
PL 107-314 Sec 1302... 82
PL 108-136 Sec 1302... 73
PL 108-375 Sec 1302... 70
PL 109-163 Sec 1302... 66
PL 109-364 Sec 1302... 62
PL 110-181 Sec 1302... 52
PL 110-417 Sec 1302... 48
Funding authorization, FY 1994. PL 103-160 Sec 1205... 146
Funding limitations............ PL 103-337 Sec 1206... 136
Funds availability............. PL 104-201 Sec 1505... 128
Funds obligation, prior notice PL 103-160 Sec 1206... 147
to Congress requirement.
PL 104-106 Sec 1205... 132
Funds use authority............ PL 108-136 Sec 1308... 78
Funds use limitation
Biological weapons PL 105-261 Sec 1305... 113
proliferation prevention.
Chemical weapons destruction. PL 105-85 Sec 1406.... 121
PL 105-261 Sec 1304... 112
Chemical weapons destruction PL 105-85 Sec 1405.... 121
facility.
Construction activities...... PL 107-107 Sec 1306... 92
Construction of fossil fuel PL 106-398 Sec 1307... 97
energy plants, report.
Elimination of conventional PL 106-398 Sec 1303... 96
weapons.
Elimination of Weapons Grade PL 106-398 Sec 1310... 102
Plutonium Program.
Fissile material storage PL 105-85 Sec 1407.... 122
facility.
PL 106-65 Sec 1304.... 107
PL 106-398 Sec 1304... 97
PL 107-107 Sec 1305... 92
PL 107-314 Sec 1305... 84
START II Treaty.............. PL 105-85 Sec 1404.... 121
Until certification PL 106-65 Sec 1310.... 108
submission.
Until report submission...... PL 106-65 Sec 1306.... 107
PL 107-107 Sec 1303... 92
PL 107-314 Sec 1303... 84
Warhead dismantlement PL 106-398 Sec 1305... 97
processing.
Weapons storage security..... PL 105-85 Sec 1408.... 122
Funds use limitation until PL 104-201 Sec 1504... 127
report submission.
Funds use prohibition.......... PL 104-201 Sec 1503... 127
States of the former Soviet Union--
Continued
Cooperative threat reduction--
Continued
Funds use prohibition--
Continued
PL 105-85 Sec 1403.... 120
PL 105-261 Sec 1303... 112
PL 106-65 Sec 1303.... 106
Limited waiver of restrictions PL 107-314 Sec 1306... 84
on use of funds.
New initiatives
Funding...................... PL 110-181 Sec 1306(d) 55
National Academy of Sciences PL 110-181 Sec 1306(b) 55
study.
Secretary of Defense report.. PL 110-181 Sec 1306(c) 55
Sense of Congress............ PL 110-181 Sec 1306(a) 54
Nonstrategic nuclear arms, PL 106-65 Sec 1312.... 109
sense of Congress.
Nuclear arsenal dismantlement, PL 103-337 Sec 1209... 140
sense of Congress.
Nuclear weapons scientists, PL 104-106 Sec 1207... 133
limitation on assistance.
Nuclear weapons storage sites PL 106-398 Sec 1306... 97
agreement.
Offensive biological warfare PL 103-337 Sec 1207... 137
program, report.
Offensive biological warfare PL 104-106 Sec 1208... 133
program funds limitation.
On-site manager requirements... PL 108-136 Sec 1305... 76
Payment of taxes, duties, PL 105-85 Sec 1409.... 123
and other assessments on
assistance, report.
Peacekeeping activities funds PL 104-106 Sec 1203... 132
use prohibition.
Permit requirements............ PL 108-136 Sec 1303... 74
Program assistance, sense of PL 104-201 Sec 1453... 323
Congress.
Program coordination........... PL 103-337 Sec 1208... 140
Programs....................... PL 103-337 Sec 1201... 136
Programs authorization......... PL 103-160 Sec 1203... 143
Purchase of low-enriched PL 104-201 Sec 1454... 323
uranium derived from Russian
highly enriched uranium, sense
of Congress.
Report submission requirement.. PL 106-65 Sec 1308.... 108
Restrictions on assistance PL 110-181 Sec 1304... 53
repeal.
Revenue use requirement........ PL 107-107 Sec 1304... 92
Russian nonstrategic nuclear PL 106-65 Sec 1312.... 109
arms, sense of Congress.
Specification of programs...... PL 104-106 Sec 1201... 130
PL 104-201 Sec 1501... 125
Specification of programs and PL 105-85 Sec 1401.... 119
funds.
PL 105-261 Sec 1301... 111
PL 106-65 Sec 1301.... 105
PL 106-398 Sec 1301... 95
PL 107-107 Sec 1301... 90
PL 107-314 Sec 1301... 82
PL 108-136 Sec 1301... 73
PL 108-375 Sec 1301... 70
PL 109-163 Sec 1301... 66
PL 109-364 Sec 1301... 62
PL 110-181 Sec 1301... 52
Use of revenue generated by PL 107-107 Sec 1304... 92
activities.
Weapons destruction assistance PL 104-106 Sec 1204... 132
authority.
States of the former Soviet Union--
Continued
Cooperative threat reduction--
Continued
Weapons of mass destruction
Control and accountability of PL 103-337 Sec 1204... 136
materials, report.
Proliferation and terrorism PL 110-53 Sec 1811.... 58
prevention, repeal and
modification of assistance
limitations.
Report on individuals with PL 105-261 Sec 1309... 117
expertise.
Diplomatic and consular missions, PL 99-93 Sec 136...... 1016
Soviet employees at United
States missions in the Soviet
Union.
Exchange of high-ranking military PL 99-145 Sec 1005.... 714
and civilian personnel pilot
program.
Former Soviet Union PL 102-484............ 161
Demilitarization Act of 1992.
Administration of programs..... PL 102-484 Sec 1421... 164
Authorization of programs...... PL 102-484 Sec 1412... 162
Findings....................... PL 102-484 Sec 1411... 161
INF Treaty
On-Site Inspection Agency, PL 87-297 Sec 501..... 24
establishment and
responsibilities of.
Negotiations regarding PL 101-189 Sec 1009... 688
limitations on anti-satellite
capabilities, report.
Nonproliferation and disarmament
activities
Authorization.................. PL 102-511 Sec 503(a). 150
Defense funds use.............. PL 102-511 Sec 503(c). 151
Funding priorities............. PL 102-511 Sec 503(b). 151
Nuclear risk reduction centers PL 98-525 Sec 1108.... 719
establishment, sense of Congress.
Nuclear weapons reduction policy. PL 102-484 Sec 1321... 666
Nuclear winter consequences, PL 99-93 Sec 708...... 46
joint study proposal.
Peaceful Nuclear Explosions
Treaty
On-Site Inspection Agency PL 87-297 Sec 501..... 25
responsibilities.
Research and Development
Foundation
Establishment of............... PL 102-511 Sec 511(a). 158
Functions...................... PL 102-511 Sec 511(c). 159
Funding........................ PL 102-511 Sec 511(d). 159
Purposes....................... PL 102-511 Sec 511(b). 158
Science and technology centers
Funding........................ PL 106-113 Sec 1138... 256
Research and exchange PL 106-113 Sec 1139... 256
activities.
Securing nuclear weapons, PL 107-107 Sec 1205... 575
material and expertise.
Special nuclear materials, report PL 102-511 Sec 510.... 158
START Treaty
Monitoring issues, report...... PL 106-113 Sec 1114... 33
Threshold Test Ban Treaty
On-Site Inspection Agency PL 87-297 Sec 501..... 25
responsibilities.
United States-Soviet negotiations PL 99-145 Sec 1004.... 714
on reduction in nuclear arms,
sense of Congress.
Use of international nuclear PL 108-136 Sec 3124... 565
materials protection and
cooperation program funds use
outside the former Soviet Union.
Weapons destruction funding...... PL 102-511 Sec 506.... 153
Weapons-grade uranium and PL 108-136 Sec 3123... 564
plutonium, study and report.
Strategic Arms Limitation Treaty
Compliance, sense of Congress.... PL 99-661 Sec 1001.... 707
Strategic Arms Reduction Treaty.
See START Treaties
Strom Thurmond National Defense
Authorization Act, FY 1999. See
Cooperative Threat Reduction, FY
1999; National Defense
Authorization Act, FY 1999
Stump National Defense
Authorization Act, FY 2003. See
Cooperative Threat Reduction, FY
2003; National Defense
Authorization Act, FY 2003
Support of peaceful settlement of EO 10206.............. 972
disputes
Syria
Iran, North Korea and Syria PL 106-178............ 238
Nonproliferation Act.
Application of measures to PL 106-178 Sec 3...... 240
certain foreign persons.
Definitions.................... PL 106-178 Sec 7...... 247
Exemption from measures........ PL 106-178 Sec 5...... 242
International Space Station PL 106-178 Sec 6...... 244
restriction on extraordinary
payments.
Procedures if measures are not PL 106-178 Sec 4...... 242
applied.
Reports........................ PL 106-178 Sec 2...... 239
T
Taiwan. See also American Institute
in Taiwan
American Institute in Taiwan
Facilities Enhancement Act
Appropriations authorization... PL 106-212 Sec 3...... 850
Findings....................... PL 106-212 Sec 2...... 850
Maintaining unofficial relations EO 13014.............. 852
with the people of Taiwan.
Delegation and reservation of EO 13014 Sec 1........ 852
functions.
Presidential Memorandum of EO 13014 Sec 3........ 853
December 30, 1978.
Specification of laws and EO 13014 Sec 2........ 852
determinations.
Participation in WHO............. PL 108-235 Sec 1...... 847
Taiwan Relations Act............... PL 96-8............... 837
American Institute in Taiwan
Appropriations authorization... PL 96-8 Sec 16........ 846
Congressional oversight........ PL 96-8 Sec 14........ 845
Definitions.................... PL 96-8 Sec 15........ 845
Furnishing property and PL 96-8 Sec 9......... 842
services and obtaining
services from.
Reporting requirement.......... PL 96-8 Sec 12........ 844
Rules and regulations.......... PL 96-8 Sec 13........ 845
Separation of government PL 96-8 Sec 11........ 843
personnel for employment.
Services to United States PL 96-8 Sec 7......... 841
citizens on Taiwan.
Severability of provisions..... PL 96-8 Sec 17........ 846
Taiwan instrumentality......... PL 96-8 Sec 10........ 842
Tax exempt status.............. PL 96-8 Sec 8......... 841
U.S. policy.................... PL 96-8 Sec 6......... 841
Application of laws and PL 96-8 Sec 4......... 838
international agreements.
Findings and declaration of PL 96-8 Sec 2......... 837
policy.
Implementation of U.S. policy.... PL 96-8 Sec 3......... 838
OPIC............................. PL 96-8 Sec 5......... 840
Terrorism. See also War powers
Advisory panel to assess domestic PL 105-261 Sec 1405... 297
response capabilities.
Authorization for use of military PL 107-40............. 746
force in response to terrorist
attacks of September 11, 2001.
Chemical, biological, PL 104-201 Sec 1414... 313
radiological, nuclear and high-
yield explosives response team.
Detention, treatment and trial of Mil Ord Nov. 13, 2001. 759
certain non-citizens in the war
against terrorism.
Definition..................... Mil Ord Nov. 13, 2001 760
Sec 2.
Findings....................... Mil Ord Nov. 13, 2001 759
Sec 1.
Policy......................... Mil Ord Nov. 13, 2001 760
Sec 2.
Relationship to other law and Mil Ord Nov. 13, 2001 762
forums. Sec 7.
Secretary of Defense
Authorities.................. Mil Ord Nov. 13, 2001 762
Sec 6.
Detention authority.......... Mil Ord Nov. 13, 2001 760
Sec 3.
Obligation of other agencies Mil Ord Nov. 13, 2001 761
to assist. Sec 5.
Trials authority............. Mil Ord Nov. 13, 2001 761
Sec 4.
Domestic preparedness for PL 105-261 Sec 1402... 296
response to threats of use of
weapons of mass destruction.
Emergency preparedness testing PL 104-201 Sec 1415... 313
for nuclear, radiological,
chemical and biological weapons.
Geneva Conventions Common Article EO 13440.............. 764
3 interpretation as applied to a
program of detention and
interrogation.
Assignment of function......... EO 13440 Sec 4........ 766
Definitions.................... EO 13440 Sec 2........ 764
Determinations................. EO 13440 Sec 1........ 764
Program compliance............. EO 13440 Sec 3........ 765
Provisions..................... EO 13440 Sec 5........ 766
Military commissions
Trial of alien unlawful enemy EO 13425.............. 763
combatants.
Military Commissions Act of 2006. PL 109-366............ 747
Annual report.................. PL 109-366 Sec 3...... 750
Authorities.................... PL 109-366 Sec 3...... 748
Construction of provisions..... PL 109-366 Sec 3...... 748
Crimes triable by commissions.. PL 109-366 Sec 3...... 750
Definitions.................... PL 109-366 Sec 3...... 747
Geneva Conventions............. PL 109-366 Sec 3...... 749
Implementation of treaty PL 109-366 Sec 6...... 756
obligations.
Inapplicability of provisions.. PL 109-366 Sec 3...... 749
Jurisdiction of commissions.... PL 109-366 Sec 3...... 749
Persons subject to commissions. PL 109-366 Sec 3...... 749
Purpose........................ PL 109-366 Sec 3...... 748
Status of commissions.......... PL 109-366 Sec 3...... 749
Treatment of rulings and PL 109-366 Sec 3...... 749
precedents.
Treaty obligations not PL 109-366 Sec 5...... 756
establishing grounds for
certain claims.
National emergencies
Construction authority......... EO 13235.............. 739
Declaration by reason of Proclamation 7463..... 738
terrorist attacks.
Terrorism--Continued
9/11 Commission recommendations
Weapons of mass destruction
proliferation and terrorism
prevention
Assistance to accelerate PL 110-53 Sec 1831.... 58
programs.
...................... 184
PL 110-53 Sec 1832.... 58
...................... 184
PL 110-53 Sec 1833.... 60
...................... 185
Commission on the Prevention PL 110-53 Sec 1851.... 188
of Weapons of Mass
Destruction Proliferation
and Terrorism.
PL 110-53 Sec 1852.... 188
PL 110-53 Sec 1853.... 189
PL 110-53 Sec 1854.... 189
PL 110-53 Sec 1855.... 190
PL 110-53 Sec 1856.... 191
PL 110-53 Sec 1857.... 192
PL 110-53 Sec 1858.... 192
PL 110-53 Sec 1859.... 192
Definitions.................. PL 110-53 Sec 1802.... 179
Findings..................... PL 110-53 Sec 1801.... 58
...................... 179
Office of the United States PL 110-53 Sec 1841.... 185
Coordinator for the
Prevention of Weapons of
Mass Destruction
Proliferation and Terrorism.
Proliferation Security PL 110-53 Sec 1821.... 181
Initiative.
PL 110-53 Sec 1822.... 183
Repeal and modification of PL 110-53 Sec 1811.... 58
assistance limitations.
...................... 180
United States-Russia PL 110-53 Sec 1842.... 188
cooperation and
coordination, sense of
Congress.
Nuclear, chemical and biological PL 104-201 Sec 1413... 312
emergency response.
Nuclear terrorism prevention
Annual report.................. PL 110-181 Sec 3134... 542
Definitions.................... PL 110-181 Sec 3131... 540
Minimum security standard for PL 110-181 Sec 3133... 541
nuclear weapons and formula
quantities of strategic
special nuclear material.
Sense of Congress.............. PL 110-181 Sec 3132... 541
Response to threats of use of PL 104-201 Sec 1411... 311
weapons of mass destruction.
Threat and risk assessments...... PL 105-261 Sec 1404... 297
Threshold Test Ban Treaty
On-Site Inspection Agency PL 87-297 Sec 501..... 25
responsibilities.
Thurmond National Defense
Authorization Act, FY 1999. See
Cooperative Threat Reduction, FY
1999; National Defense
Authorization Act, FY 1999
Tonkin Gulf Resolution............. PL 88-408............. 806
Treaties. See International
agreements
Treaty on Conventional Armed Forces
in Europe
Sense of Congress................ PL 105-277 Sec 2704... 819
U
U.N. peacekeeping forces in the
Middle East
U.S. payments authorization...... PL 94-37.............. 969
Ukraine
Cooperative threat reduction
Funding allocations............ PL 110-417 Sec 1302... 48
Designation as eligible to PL 110-17 Sec 4....... 814
receive NATO assistance.
U.S. recognition of independence, PL 102-229 Sec 204.... 176
sense of the Senate.
UNESCO. See United Nations
Educational, Scientific and
Cultural Organization
UNICEF. See United Nations
Children's Fund
Union of Soviet Socialist
Republics. See Soviet Union
United Nations
Counterproliferation
Extension of authority for PL 105-261 Sec 1531... 609
support of Special Commission
on Iraq.
Department of State efforts to PL 107-228 Sec 409.... 948
place U.S. citizens in positions
of employment.
Diplomatic privileges to the PL 109-472 Sec 7...... 987
Permanent Observer Mission of
the Holy See.
Haiti
Mission transition............. PL 103-423 Sec 6...... 769
Peacekeeping activities
Restriction on U.S. PL 107-206 Sec 2005... 788
participation in certain
operations.
Promotion of sound financial PL 107-228 Sec 404.... 946
practices.
Provisions in Foreign Relations Note.................. 968
Authorization Acts.
Republic of Korea
Participation of multinational PL 109-364 Sec 1212... 546
partners in the United Nations
Command, report.
Response to resolution on Zionism Note.................. 970
Secret ballot use................ PL 107-228 Sec 406.... 947
Support of inspection and PL 106-65 Sec 1505.... 598
monitoring of Iraqi weapons
activities.
PL 106-398 Sec 1201... 580
PL 107-107 Sec 1203... 575
PL 107-314 Sec 1204... 568
Support of peaceful settlement of EO 10206.............. 972
disputes.
U.S. membership on Commission on PL 107-228 Sec 408.... 947
Human Rights and International
Narcotics Control Board.
United Nations Children's Fund
Child health revolution.......... PL 98-198............. 1046
United Nations Educational,
Scientific and Cultural
Organization
Membership of United States, PL 107-228 Sec 407.... 947
sense of Congress.
United Nations Environment Program
Participation Act of 1973
Appropriations authorization..... PL 93-188............. 971
United Nations Headquarters PL 80-357............. 961
Agreement Act.
United Nations Industrial
Development Organization
Immunities, exemptions and PL 79-291 Sec 12...... 980
privileges.
Prohibition on payments.......... PL 106-113 Sec 952.... 960
United Nations Participation Act of PL 79-264............. 927
1945.
Activities authorization......... PL 79-264 Sec 7....... 937
Appropriations authorization..... PL 79-264 Sec 8....... 939
United Nations Participation Act of
1945--Continued
Limitation on U.S. share of PL 79-264 Sec 11...... 944
assessments for the regular
budget.
Living quarters for PL 79-264 Sec 9....... 940
representatives.
Reimbursement for goods and PL 79-264 Sec 10...... 941
services provided by the United
States.
Report requirements.............. PL 79-264 Sec 4....... 930
Security Council
Measures....................... PL 79-264 Sec 5....... 935
Negotiations................... PL 79-264 Sec 6....... 937
U.S. representatives
Appointment.................... PL 79-264 Sec 2....... 927
Responsibilities............... PL 79-264 Sec 3....... 929
United Nations Reform Act of 1999.. PL 106-113............ 949
Appropriations authorization..... PL 106-113 Sec 911.... 950
Assessments reform certification PL 106-113 Sec 931.... 954
requirements.
Budget reform certification PL 106-113 Sec 941.... 955
requirements.
Definitions...................... PL 106-113 Sec 902.... 949
Forgiveness of amounts owed to PL 106-113 Sec 913.... 952
the United States.
Obligation and expenditure of PL 106-113 Sec 912.... 951
funds.
Peacekeeping operations reform PL 106-113 Sec 931.... 954
certification requirements.
Personnel reform certification PL 106-113 Sec 941.... 955
requirements.
Prohibition on payments relating PL 106-113 Sec 952.... 960
to UNIDO and other organizations
from which the United States has
withdrawn or rescinded funding.
Statutory construction on PL 106-113 Sec 951.... 959
relation to existing laws.
U.S. sovereignty certification PL 106-113 Sec 921.... 953
requirements.
United States Additional Protocol PL 109-401............ 193
Implementation Act.
Appropriations authorization..... PL 109-401 Sec 281.... 205
Authority........................ PL 109-401 Sec 211.... 196
Complementary access
Authority requirement.......... PL 109-401 Sec 221.... 196
Consents and warrants.......... PL 109-401 Sec 223.... 198
Procedures for................. PL 109-401 Sec 222.... 197
Prohibited acts................ PL 109-401 Sec 224.... 199
Confidentiality of information... PL 109-401 Sec 231.... 199
Definitions...................... PL 109-401 Sec 203.... 194
Enforcement...................... PL 109-401 Sec 243.... 202
Environmental sampling
National security exclusion PL 109-401 Sec 252.... 202
application.
Notification to Congress of PL 109-401 Sec 251.... 202
IAEA Board approval.
Rule of construction........... PL 109-401 Sec 254.... 203
Findings......................... PL 109-401 Sec 202.... 193
IAEA inspections and visits...... PL 109-401 Sec 262.... 204
Penalties........................ PL 109-401 Sec 242.... 200
Protection of national security PL 109-401 Sec 261.... 203
information.
Recordkeeping violations......... PL 109-401 Sec 241.... 200
Reports
Content of reports on U.S. PL 109-401 Sec 273.... 204
declarations.
Efforts to promote PL 109-401 Sec 274.... 205
implementation of additional
protocols.
IAEA notifications............. PL 109-401 Sec 275.... 205
Initial U.S. declaration....... PL 109-401 Sec 271.... 204
Revisions.................... PL 109-401 Sec 272.... 204
United States Additional Protocol
Implementation Act--Continued
Severability..................... PL 109-401 Sec 204.... 196
United States and India cooperation
Congressional approval........... PL 109-401 Sec 104.... 485
United States Armed Forces in
Somalia
Policy........................... PL 103-160 Sec 1512... 774
United States Arms Control and
Disarmament Agency
Appropriations authorization..... PL 105-277 Sec 2601... 36
United States Coordinator for the
Prevention of Weapons of Mass
Destruction Proliferation and
Terrorism
Annual report on strategic plan.. PL 110-53 Sec 1841(f). 188
Consultation with Commission..... PL 110-53 Sec 1841(e). 188
Duties........................... PL 110-53 Sec 1841(c). 186
Establishment of................. PL 110-53 Sec 1841(a). 185
Officers......................... PL 110-53 Sec 1841(b). 185
Staff............................ PL 110-53 Sec 1841(d). 187
United States-Russia cooperation PL 110-53 Sec 1842.... 188
and coordination, sense of
Congress.
United States Enrichment PL 104-134............ 502
Corporation Privatization Act.
Definitions...................... PL 104-134 Sec 3102... 502
Private corporations
Establishment.................. PL 104-134 Sec 3105... 504
Transfers...................... PL 104-134 Sec 3106... 505
United States Enrichment
Corporation
Method of sale................. PL 104-134 Sec 3104... 503
Sale of........................ PL 104-134 Sec 3103... 503
Uranium transfers and sales...... PL 104-134 Sec 3112... 505
United States-India Nuclear PL 110-369............ 477
Cooperation Approval and
Nonproliferation Enhancement Act.
Agreement approval............... PL 110-369 Sec 101.... 478
Certification requirement........ PL 110-369 Sec 102(c). 479
Definitions...................... PL 110-369 Sec 2...... 477
Policy declarations.............. PL 110-369 Sec 102(a). 478
PL 110-369 Sec 102(b). 478
Procedures regarding subsequent PL 110-369 Sec 201.... 480
reprocessing arrangement.
Rule of construction............. PL 110-369 Sec 102(d). 479
Safeguard agreement PL 110-369 Sec 104.... 479
implementation between India and
the IAEA.
U.S. policy at the Nuclear PL 110-369 Sec 204.... 480
Suppliers Group.
United States-India Peaceful Atomic PL 109-401............ 482
Energy Cooperation Act of 2006.
Compliance with nuclear PL 109-401 Sec 105.... 496
nonproliferation treaty
obligations.
Definitions...................... PL 109-401 Sec 110.... 497
Inoperability of determination PL 109-401 Sec 106.... 496
and waivers.
MTCR adherent status............. PL 109-401 Sec 107.... 496
Policy statements................ PL 109-401 Sec 103.... 484
Scientific cooperative nuclear PL 109-401 Sec 109.... 497
nonproliferation program.
Sense of Congress................ PL 109-401 Sec 102.... 482
Waiver authority................. PL 109-401 Sec 104.... 485
United States Munitions List
Satellite exports................ PL 105-261 Sec 1513... 602
United States National Authority
Chemical Weapons Convention EO 13128.............. 371
implementation.
Designation of................... PL 105-277 Sec 101.... 267
Report requirements.............. PL 105-277 Sec 401.... 288
United States policy toward Haiti.. PL 103-423............ 767
Human rights, report............. PL 103-423 Sec 4...... 769
United States policy toward Haiti--
Continued
Presidential statement of PL 103-423 Sec 2...... 767
national security objectives.
Report........................... PL 103-423 Sec 3...... 768
U.N. mission transition.......... PL 103-423 Sec 6...... 769
U.S. agreements, report.......... PL 103-423 Sec 5...... 769
United States Armed Forces PL 103-423 Sec 1...... 767
operations, sense of Congress.
United States Secret Service
Protection of foreign diplomatic
missions
Powers, authorities and duties 18 USC Sec 3056A...... 996
of Uniformed Division.
V
Vienna Convention. See Diplomatic
Relations Act
Vietnam
Tonkin Gulf Resolution........... PL 88-408............. 806
Visiting scholars program
Arms control, nonproliferation PL 87-297 Sec 202..... 9
and disarmament activities.
W
War powers
Authorization for use of military PL 102-1.............. 770
force against Iraq.
Authorization for use of United PL 102-1 Sec 2........ 770
States Armed Forces.
Reports........................ PL 102-1 Sec 3........ 771
Authorization for Use of Military PL 107-243............ 740
Force Against Iraq Resolution of
2002.
Authorization for use of United PL 107-243 Sec 3...... 743
States Armed Forces.
Reports........................ PL 107-243 Sec 4...... 744
Support for U.S. diplomatic PL 107-243 Sec 2...... 743
efforts.
Authorization for use of military PL 107-40............. 746
force in response to terrorist
attacks of September 11, 2001.
Authorization for use of military PL 103-139 Sec 8151... 772
force in Somalia.
Detention, treatment and trial of Mil Ord Nov. 13, 2001. 759
certain non-citizens in the war
against terrorism.
Definition..................... Mil Ord Nov. 13, 2001 760
Sec 2.
Findings....................... Mil Ord Nov. 13, 2001 759
Sec 1.
Policy......................... Mil Ord Nov. 13, 2001 760
Sec 2.
Relationship to other law and Mil Ord Nov. 13, 2001 762
forums. Sec 7.
Secretary of Defense
Authorities.................. Mil Ord Nov. 13, 2001 762
Sec 6.
Detention authority.......... Mil Ord Nov. 13, 2001 760
Sec 3.
Obligation of other agencies Mil Ord Nov. 13, 2001 761
to assist. Sec 5.
Trials authority............. Mil Ord Nov. 13, 2001 761
Sec 4.
Geneva Conventions Common Article EO 13440.............. 764
3 interpretation as applied to a
program of detention and
interrogation.
Assignment of function......... EO 13440 Sec 4........ 766
Definitions.................... EO 13440 Sec 2........ 764
Determinations................. EO 13440 Sec 1........ 764
Program compliance............. EO 13440 Sec 3........ 765
Provisions..................... EO 13440 Sec 5........ 766
War powers--Continued
Military commissions
Trial of alien unlawful enemy EO 13425.............. 763
combatants.
Military Commissions Act of 2006. PL 109-366............ 747
Annual report.................. PL 109-366 Sec 3...... 750
Authorities.................... PL 109-366 Sec 3...... 748
Construction of provisions..... PL 109-366 Sec 3...... 748
Crimes triable by commissions.. PL 109-366 Sec 3...... 750
Definitions.................... PL 109-366 Sec 3...... 747
Geneva Conventions............. PL 109-366 Sec 3...... 749
Implementation of treaty PL 109-366 Sec 6...... 756
obligations.
Inapplicability of provisions.. PL 109-366 Sec 3...... 749
Jurisdiction of commissions.... PL 109-366 Sec 3...... 749
Persons subject to commissions. PL 109-366 Sec 3...... 749
Presidential authority to PL 109-366 Sec 2...... 747
establish military commissions.
Purpose........................ PL 109-366 Sec 3...... 748
Status of commissions.......... PL 109-366 Sec 3...... 749
Treatment of rulings and PL 109-366 Sec 3...... 749
precedents.
Treaty obligations not PL 109-366 Sec 5...... 756
establishing grounds for
certain claims.
Multinational Force in Lebanon PL 98-119............. 776
Resolution.
Agreement between the United ...................... 780
States and Lebanon, Sept. 25,
1982.
Authorization for continued PL 98-119 Sec 3....... 777
participation of United States
Armed Forces.
Congressional priority PL 98-119 Sec 8....... 778
procedures for amendments.
Duration of authorization for PL 98-119 Sec 6....... 778
U.S. participation.
Findings and purpose........... PL 98-119 Sec 2....... 776
Interpretation of resolution... PL 98-119 Sec 7....... 778
Reports........................ PL 98-119 Sec 4....... 777
Statements of policy........... PL 98-119 Sec 5....... 777
National emergencies
Construction authority......... EO 13235.............. 739
Declaration by reason of Proclamation 7463..... 738
terrorist attacks.
National Emergencies Act......... PL 94-412............. 733
Accountability requirements.... PL 94-412 Sec 401..... 736
Declarations of future national PL 94-412 Sec 201..... 733
emergencies.
Exercise of emergency powers PL 94-412 Sec 301..... 735
and authorities.
Repeal and continuation of PL 94-412 Sec 501..... 736
emergency power.
Reporting requirements......... PL 94-412 Sec 401..... 736
Terminating existing declared PL 94-412 Sec 101..... 733
emergencies.
United States Armed Forces in
Somalia
Policy......................... PL 103-160 Sec 1512... 774
United States policy toward Haiti PL 103-423............ 767
Human rights, report........... PL 103-423 Sec 4...... 769
Presidential statement of PL 103-423 Sec 2...... 767
national security objectives.
Report......................... PL 103-423 Sec 3...... 768
U.N. mission transition........ PL 103-423 Sec 6...... 769
U.S. agreements, report........ PL 103-423 Sec 5...... 769
United States Armed Forces PL 103-423 Sec 1...... 767
operations, sense of Congress.
War Powers Resolution............ PL 93-148............. 727
Congressional action........... PL 93-148 Sec 5....... 729
Congressional priority
procedures
For concurrent resolution.... PL 93-148 Sec 7....... 730
War powers--Continued
War Powers Resolution--Continued
Congressional priority
procedures--Continued
For joint resolution or bill. PL 93-148 Sec 6....... 730
Consultation................... PL 93-148 Sec 3....... 728
Interpretation of joint PL 93-148 Sec 8....... 731
resolution.
Purpose and policy............. PL 93-148 Sec 2....... 727
Reporting...................... PL 93-148 Sec 4....... 728
Separability clause............ PL 93-148 Sec 9....... 732
Warner National Defense
Authorization Act, FY 2007. See
Cooperative Threat Reduction, FY
2007; National Defense
Authorization Act, FY 2007
Weapons. See Arms control;
Biological weapons; Chemical
weapons; Nuclear weapons
Weapons of mass destruction. See
also Arms control; Nuclear weapons
Proliferation prevention
Assistance to accelerate
programs
Appropriations authorization, PL 110-53 Sec 1833.... 60
2008.
...................... 185
Appropriations authorization, PL 110-53 Sec 1832.... 59
2008 and future years.
...................... 184
Statement of policy.......... PL 110-53 Sec 1831.... 58
...................... 184
Commission on the Prevention of
Weapons of Mass Destruction
Proliferation and Terrorism
Composition of............... PL 110-53 Sec 1853.... 189
Establishment of............. PL 110-53 Sec 1851.... 188
Funding...................... PL 110-53 Sec 1859.... 192
Nonapplicability of Federal PL 110-53 Sec 1856.... 191
Advisory Committee Act.
Powers of.................... PL 110-53 Sec 1855.... 190
Purposes of.................. PL 110-53 Sec 1852.... 188
Report....................... PL 110-53 Sec 1857.... 192
Responsibilities of.......... PL 110-53 Sec 1854.... 189
Termination.................. PL 110-53 Sec 1858.... 192
Definitions.................... PL 110-53 Sec 1802.... 179
Findings....................... PL 110-53 Sec 1801.... 58
...................... 178
Office of the United States PL 110-53 Sec 1841.... 185
Coordinator for the Prevention
of Weapons of Mass Destruction
Proliferation and Terrorism.
Proliferation Security
Initiative
Authority to provide PL 110-53 Sec 1822.... 183
assistance to cooperative
countries.
Improvements and authorities. PL 110-53 Sec 1821.... 181
Repeal and modification of PL 110-53 Sec 1811.... 58
assistance limitations.
...................... 180
United States-Russia PL 110-53 Sec 1842.... 188
cooperation and coordination,
sense of Congress.
United States Additional Protocol PL 109-401............ 193
Implementation Act.
Appropriations authorization... PL 109-401 Sec 281.... 205
Authority...................... PL 109-401 Sec 211.... 196
Complementary access
Authority requirement........ PL 109-401 Sec 221.... 196
Consents and warrants........ PL 109-401 Sec 223.... 198
Procedures for............... PL 109-401 Sec 222.... 197
Prohibited acts.............. PL 109-401 Sec 224.... 199
Confidentiality of information. PL 109-401 Sec 231.... 199
Weapons of mass destruction--
Continued
United States Additional Protocol
Implementation Act--Continued
Definitions.................... PL 109-401 Sec 203.... 194
Enforcement.................... PL 109-401 Sec 243.... 202
Environmental sampling
National security exclusion PL 109-401 Sec 252.... 202
application.
Notification to Congress of PL 109-401 Sec 251.... 202
IAEA Board approval.
Rule of construction......... PL 109-401 Sec 254.... 203
Findings....................... PL 109-401 Sec 202.... 193
IAEA inspections and visits.... PL 109-401 Sec 262.... 204
Penalties...................... PL 109-401 Sec 242.... 200
Protection of national security PL 109-401 Sec 261.... 203
information.
Recordkeeping violations....... PL 109-401 Sec 241.... 200
Reports
Content of reports on U.S. PL 109-401 Sec 273.... 204
declarations.
Efforts to promote PL 109-401 Sec 274.... 205
implementation of additional
protocols.
IAEA notifications........... PL 109-401 Sec 275.... 205
Initial U.S. declaration..... PL 109-401 Sec 271.... 204
Revisions to initial U.S. PL 109-401 Sec 272.... 204
declaration.
Severability................... PL 109-401 Sec 204.... 196
Weapons of Mass Destruction Control PL 102-484............ 337
Act of 1992.
International nonproliferation PL 102-484 Sec 1505... 340
initiative.
Nonproliferation activities of PL 102-484 Sec 1503... 338
Department of Defense and
Department of Energy, report.
Nonproliferation technology PL 102-484 Sec 1504... 339
initiative.
Sense of Congress................ PL 102-484 Sec 1502... 337
Weapons of mass destruction EO 12938.............. 365
proliferation.
Blocking property of EO 13382.............. 376
proliferators and their
supporters.
Department of Commerce controls.. EO 12938 Sec 3........ 366
Imposition of controls........... EO 12938 Sec 2........ 365
International negotiations....... EO 12938 Sec 1........ 365
Judicial review.................. EO 12938 Sec 9........ 370
Measures against foreign persons. EO 12938 Sec 4........ 366
Preservation of authorities...... EO 12938 Sec 8........ 369
Revocation of orders............. EO 12938 Sec 10....... 370
Sanctions
Against foreign countries...... EO 12938 Sec 5........ 368
Duration of.................... EO 12938 Sec 6........ 369
Implementation of.............. EO 12938 Sec 7........ 369
WHO. See World Health Organization
World Health Organization
Participation of Taiwan.......... PL 108-235 Sec 1...... 847
Y
Youth. See Children
Z
Zionism
Response to U.N. resolution...... Note.................. 970