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soc 101 of Public Law

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25000 for the fiscal year 1901.:

Sec. 106(b) of Public Law 103–236 struck out subsec. (a) of the former sec. 49, and struck out "pursuant to this section" in subsec. (b) of the former sec. 49, inserting in lieu thereof "to carry out this Act".

Sec. 717(aX1) of Public Law 103–236 (108 Stat. 498) subsequently repealed former sec. 49 in its entirety. That section, as amended by sec. 401(a) of Public Law 102-228, formerly read as follows (prior to amendments described above):

"APPROPRIATION "SEC. 49. (a) To carry out the purposes of this Act, there are authorized to be appropriated

"(1) $44,527,000 for the fiscal year 1992 and $45,862,810 for fiscal year 1993; and

"(2) such additional amounts as may be necessary for each fiscal year for which an authorization of appropriations is provided in paragraph (1) for increases in salary, pay, retirement, other employee benefits authorized by law, and other nondiscretionary costs, and to

offset adverse fluctuations in foreign currency exchange rates. "b) Funds appropriated pursuant to this section may be allocated or transferred to any agency for carrying out the purposes of this Act. Such funds shall be available for obligation and expenditure in accordance with authority granted in this Act, or under authority governing the activities of the agencies to which such funds are allocated or transferred.

"(c) Not more than 20 per centum of any appropriation made pursuant to this Act shall be obligated and/or reserved during the last month of a fiscal year.

"d) Beginning with its request to the Congress for an authorization of appropriations for the scal year 1980. and with such request for each fiscal year thereafter, the Agency shall accompany such request with a detailed budget for each bureau and functional category within each bureau, which budget shall set forth and justify obligations and outlays for the fiscal year for which such request is made and for the fiscal year preceding and next following such year.".

Previously, sec. 401(a) of Public Law 102-228 amended sec. 49(a) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2) respectively; to provide authoriz years 1992 and 1993; by striking out "fiscal years 1990 and 1991" in paragraph (2), as redesignated, and inserting in lieu thereof "each fiscal year for which an authorization of appropriations is provided in paragraph (1)".

Prior to Public Law 102–228, sec. 101 of Public Law 101-216 amended sec. 49(a) to provide authorizations of “$36.000.000 for the fiscal year 1990 and $37.316,000 for

Prior to Public Law 101-216, subsec. (a) had been amended and restated by sec. 2 of Public Law 100–213 to read as follows: "aX1) To carry out the purposes of this Act, there are authorized to be appropriated

"(A) $29,000,000 for the fiscal year 1988 and $29,800,000 for fiscal year 1989; and

"(B) such additional amounts as may be necessary for each such fiscal year for increases in salary, pay, retirement, other employee benefits authorized by law, and other non

discretionary costs, and to offset adverse fluctuations in foreign currency exchange rates. "(2) of the amounts authorized to be appropriated by paragraph (1XA) for each of the fiscal years 1988 and 1989

"(A) $7,063,000 shall be available only to pay necessary expenses incurred in connection with arms control negotiations conducted with the Government of the Soviet Union on stra

rms reductions ermediate-range nuclear forces, and space and defensive weapons; "(B) not less than $310,000 shall be available only for the program for visiting scholars in the field of arms control and disarmament established under section 28 of this Act;

"(C) $780,000 shall be used for external research to assist the Bureau of Verification and Intelligence in making assessments of possible new systems, devices, and capabilities for verification of arms control;

"D) not more than $1,560,000 may be used for any other external research program; and

"(E) a total of not more than $3,000,000 may be used for all external research. "(3) Amounts appropriated under this subsection are authorized to remain available until expended.".

Prior to Public Law 100-213, subsec. (aX1) and (2) had been amended and restated by sec. 701 and 702 of Public Law 99-93 to read as follows:

"(a) To carry out the purposes of this Act, there are authorized to be appropriated

"(1) for the fiscal year 1985, $23,789,000, of which amount $4,321,000 shall be available only to pay necessary expenses incurred in connection with arms control negotiations with the Government of the Soviet Union on strategic arms reductions, intermediate-range nuclear forces, and space and defensive weapons;

"(2) for the fiscal year 1986, $25,614,000, and for the fiscal year 1987, $25,614,000, of which amounts $6,146,000 shall be available in each fiscal year only to pay necessary expenses incurred in connection with arms control negotiations conducted with the Government of the Soviet Union on strategic arms reductions, intermediate-range nuclear forces, and space and defensive weapons; and".

Prior to Public Law 99-93, subsec. (a) had been amended by sec. I of Public Law 98–202 to read as follows: Ma) To carry out the purposes of this Act, there are authorized to be appropriated"(1) for the fiscal year 1984, $20,888,000; "(2) for the fiscal year 1985, $21,932,000, and

"(3) such additional amounts as may be necessary, for each such fiscal year, for increases in salary, pay, retirement, other employee benefits authorized by law, and other nondiscretionary costs, and to ollset adverse fluctuations in foreign currency exchange rates

"Of the sums authorized to be appropriated for the fiscal years 1984 and 1985, not less than $200,000 shall be available in each such fiscal year only for the program for visiting scholars

Continued

in the field of arms control and disarmament established under section 28 of this Act. Amounts appropriated under this subsection are authorized to remain available until expended.".

*Prior to Public Law 98–202, subsec. (a) had been amended by sec. 2 of Public Law 97-339 to read as follows:

"(a) To carry out the purposes of this Act, there are authorized to be appropriated-
"(1) for the fiscal year 1982, $18,268,000,
"(2) for the fiscal year 1983, $19,893,852, and

"(3) such additional amounts, for each such fiscal year, as may be necessary for increases in salary, pay, retirement, other employee benefits authorized by law, and other nondiscretionary costs, and to offset adverse luctuations in foreign currency exchange rates.

"Amounts appropriated under this subsection are authorized to remain available until expended.".

Prior to Public Law 97–339, subsec. (a) had been amended by sec. 2 of Public Law 96-66 to read as follows:

“(a) To carry out the purposes of this Act, there are authorized to be appropriated-
"(1) for the fiscal year 1980, $18,876,000, and
"(2) for the fiscal year 1981, $20,645,000,

and such additional amounts, for each such fiscal year, as may be necessary for increases in salary, pay, retirement, other employee benefits authorized by law, and other nondiscretionary costs, and to ostset adverse fluctuations in foreign currency exchange rates. Amounts appro priated under this subsection are authorized to remain available until expended.".

Prior to Public Law 96-66, subscc. (a) had been amended by sec. 2 of Public Law 95–338 to read as follows:

"(a) To carry out the purposes of this Act, there are authorized to be appropriated for fiscal year 1979 the sum of $18,395,000 (and such additional amounts as may be necessary for increases in salary, pay, retirement, other employee benefits authorized by law, and other nondiscretionary costs) of which $1,000,000 shall be available only for the purpose of furthering the nuclear safeguards programs and activities of the International Atomic Energy Agency, and of which such sums as may be necessary shall be available to conduct a study of the arms control study centers at academic institutions, and to report the results of such study with possible recommendations to Congress not later than January 31, 1979. The sums authorized to be appro priated by this subsection shall remain available until expended.".

ior to Public Law 95-338. subsec. (a) had been amended by sec. 6 of Public Law 95108 to read as follows:

"(a) To carry out the purposes of this Act, there are authorized to be appropriated

"(1) for fiscal years 1976 and 1977, the sum of $23,440,000 (and such additional amounts as may be necessary for increases in salary, pay, retirement, other employee benefits authorized by law, and other nondiscretionary costs); and

"(2) for fiscal year 1978, the sum of $16,600,000 (and such additional amounts as may be nec essary for increases in salary, pay, retirement, other employee benefits authorized by law, and other nondiscretionary costs);

to remain available until expended. Or the sum authorized to be appropriated by this section for the fiscal year 1978, $2,000,000 shall be available only for the purpose of furthering the nuclear sa seguards programs and activities of the International Atomic Energy Agency.".

Prior to Public Law 95-108 subsec. (a) read as follows:

"(a) There are hereby authorized to be appropriated not to exceed $10,000,000 to remain available until expended, to carry out the purposes of this Act. In addition, there is hereby authorized to be appropriated for the fiscal years 1964 and 1965, the sum of $20,000,000, and for the three fiscal years 1966 through 1968, the sum of $30,000,000, and for the two fiscal years 1969 through 1970. the sum of $18.500.000. and for the two fiscal years 1971 and 1972. the sum of $17,500,000, and for the two fiscal years 1973 and 1974, the sum of $22,000,000, and for the fiscal year 1975, the sum of $10,100,000, and for fiscal years 1976 and 1977 the sum of $23,440,000 (and such additional amounts as may be necessary for increases in salary, pay, retirement, other employee benefits authorized by law, and other nondiscretionary costs), io re main available until expended, to carry out the purposes of this Act. Notwithstanding any other provisions of this Act, not more than $7,000,000 of the funds appropriated pursuant to the pre ceding sentence for fiscal years 1969 through 1970 may be used for the purpose of research, development, and other studies conducted in whole or in part outside the Agency, whether by other government agencies or by public or private institutions or persons: Provided, That this limitation shall not apply to field test activities conducted pursuant to the authority of this

Act.".

All but $1,668,900 of the original $10 million authorization was exhausted by $831,100 transferred from the Department of State and the $1 million appropriated by Public Law 87-332 for fiscal year 1962 and the $6.5 million appropriated by Public Law 87-843 for fiscal year 1963. (An additional $261,000 of the original $10 million authorization was used by the appropriations for fiscal years 1971 and 1972, and $10,000 was used for fiscal years 1976 and 1977.)

Public Law 88–186 added the $20 million authorization for fiscal years 1964 and 1965, for which $7.5 million was appropriated by Public Law 88–245 for fiscal year 1964 and $9 million was appropriated by Public Law 88-527 for fiscal year 1965. Public Law 89-27 added the $30 million authorization for fiscal years 1966, 1967, and 1968, for which $10 million was appropriated by Public Law 89–164 for fiscal year 1966, $9 million was appropriated by Public Law 89-797 for fiscal year 1967, and $9 million was appropriated by Public Law 90_133 for fiscal year 1968. Public Law 90-314 added the $18.5 million authorization for fiscal years 1969 and 1970 and the third sentence of the subsection. Public Law 90-470 appropriated $9 million for fiscal year 1969 and Public Law 91-153 appropriated $9.5 million for fiscal year 1970.

Public Law 91-246 added the $17.5 million authorization for fiscal years 1971 and 1972, for which $8,250,000 was appropriated by Public Law 91-472 and $395,000 by Public Law 92-18

for fiscal year 1971, and $9 million was appropriated by Public Law 92-77 and $116,000 by Pub lic

aw 92-306 for fiscal year 1972. (Because these appropriations exceeded the $17.5 million authorized for 1971 and 1972, $261,000 of the original $10 million authorization was used to cover the excess.) Public Law 92-352 added the $22 million authorization for fiscal years 1973 and 1974, for which $10 million was appropriated by Public Law 92-544 for fiscal year 1973 and $7,735,000 was appropriated by Public Law 93–162 and $330,000 by Public Law 93–305 for 1974. Public Law 93-332 added the $10.1 million authorization for fiscal year 1975, which $9,250,000 was appropriated by Public Law 93-433 and $160,000 by Public Law 94-32.

Public Law 91-141 added the $23,440,000 authorization for fiscal years 1976 and 1977 as well as the provision in parentheses for additional amounts, and Public Law 94–144 authorized "such funds as may be necessary" for the 3 month period of July 1, 1976 through Sept. 30, 1976 between fiscal years 1976 and 1977. Public Law 94-121 appropriated $10.5 million for fiscal year 1976 and $2.7 million for this transition quarter. Public Law 94-303 appropriated an additional $950,000 (including not to exceed $5,000 for official reception and representation expenses) in title I for fiscal year 1976 and $250,000 for the transition quarter, and $230,000 in title II for fiscal year 1976 and $80,000 in title III for the transition quarter for increased pay costs. (The availability of fiscal year 1976 appropriations was extended through the ti jon quar sec. 203 of Public Law 93-554.) For fiscal year 1977, $12 million (including not to exceed $10,000 for official reception and representation expenses) was appropriated by Public Law 94362 and $200,000 was appropriated by Public Law 95-26 and $220,000 by Public Law 95-86 for increased pay costs. (Because the approprations for other than increased pay costs exceeded the $23,440,000 authorization for siscal years 1976 and 1977, $10,000 of the original $10 million authorization was used to cover the excess.)

or the amount authorized for fiscal years 1976 and 1977, sec. 142 of Public Law 94-141 directed the use of not to exceed $1,000,000 for a study of the impact upon military expenditures of arms control measures mutually agreed to by the Un

tes and the Soviet Union and sec. 143 specified $440,000 for the conduct or additional research, in consultation with the International Atomic Energy Agency, with respect to the development of nuclear safeguard techniques.

For fiscal year 1978, $13.6 million (including not to exceed $10,000 for official reception and representation expenses) was appropriated by Public Law 95–86, $2,370,000 (including not to exceed $2,500 for official reception and representation expenses) was appropriated by title I of Public Law 95–355, and $350,000 was appropriated by title II of Public Law 95-355 for increased pay costs. For fiscal year 1979, $16,395,000 (including not to exceed $15,000 for official reception and representation expenses) was appropriated by Public Law 95-431, $925,000 was appropriated by ch. IX of title I of Public Law 96-38, and $400,000 was appropriated by title 11 of Public Law 96-38 for increased pay costs.

Title V of Public Law 96-68 appropriated $18,270,000 (including not to exceed $16,500 for offcial reception and representation expenses) for fiscal year 1980 of which $720,000 was subse quently rescinded (45 F.R. 27687).

Sec. 101(c) of Public Law 96-536 appropriated the sum contained in H.R. 7584 ($18,500,000 including not to exceed $16,500 for official reception and representation expenses) on a continuing basis for fiscal year 1981 of which $1,500,000 was subsequently rescinded (46 F.R. 18282).

Sec. 101(h) of Public Law 97-92 appropriated the sum contained in H.R. 4169 as passed by the House ($16,768,000 including not to exceed $16,500 for official reception and representation expenses) on a continuing basis for fiscal year 1982.

For fiscal year 1983, sec. 101(d) of Public Law 97-377 (at 96 Stat. 1866) appropriated the sum contained in S. 2956 as reported in the Senate on Sept. 24, 1982 ($15,142,000 including not to exceed $20,000 for official reception and representation expenses) on a continuing basis, title I of Public Law 98 63 appropriated $564,000, and title II of Public Law 98-63 appropriated $300.000 for increased pay costs.

For fiscal year 1984, title III of Public Law 98–166 appropriated $18,500,000 (including not to exceed $24,000 for official reception and representation expenses) and title II of Public Law 98396 appropriated $128,000 for increased pay costs.

For fiscal year 1985, title III of Public Law 98-411 appropriated $19,468,000 including not to exceed $28,000 for official reception and representation expenses. Title I of Public Law 9988 appropriated $4,134,000 including not to exceed an additional $10,000 for official reception and representation expenses in supplemental funds for fiscal year 1985.

For fiscal year 1986, title V of Public Law 99–180 appropriated $25,850,000 including not to exceed $43,000 for official reception and representation expenses, of which $1,112,000 was se questered under Public Law 99-177.

For fiscal year 1987, Sec. 101(b) of Public Laws 99-591 and 99–500 appropriated $29,000,000 including not to exceed $48,000 for official reception and representation expenses, title II of Public Law 100–71 appropriated $124,000 for increased pay costs, and title II of Public Law 100% 71 appropriated $176,000 for increased costs for retirement contributions.

For fiscal year 1988, title V of Public Law 100-202 appropriated $30,100,000 including not to exceed $48,000 for oshcial reception and representation expenses, of which $2,600,000 was to be transferred to the Department of Energy for the Reduced Enrichment in Research and Test Reactor Program. In addition, Public Law 100-393 provided that "funds appropriated to the Department of State in Fiscal Year 1988 may be used to carry out the provisions" of sec. 53 of this Act.

For fiscal year 1989, title V of Public Law 100_459 appropriated $31,030,000 including not to exceed $55,000 for official reception and representation expenses.

For fiscal year 1990, title V of Public Law 101-162 appropriated $33,876,000 including not to exceed $55,000 for official reception and representation expenses, of which $451,000 was sequestered under Public Law 99-177.

Continued year 1994 and for each subsequent year, any funds appropriated for the Agency shall not be available for obligation or expenditure

(1) unless such funds are appropriated pursuant to an authorization of appropriations; or

(2) in excess of the authorized level of appropriations. (b) SUBSEQUENT AUTHORIZATION.-The limitation under subsection (a) shall not apply to the extent that an authorization of appropriations is enacted after such funds are appropriated. (c) APPLICATION.—The provisions of this section

(1) may not be superseded, except by a provision of law which specifically repeals, modifies, or supersedes the provisions of this section; and

(2) shall not apply to, or affect in any manner, permanent appropriations, trust funds, and other similar accounts which are authorized by law and administered by the Agency.

TRANSFERS AND REPROGRAMMINGS SEC. 54.94 (a) TRANSFER OF FUNDS.-Funds appropriated for the purpose of carrying out this Act may be allocated or transferred to any agency for such purpose. Such funds shall be available for obligation and expenditure in accordance with the authorities of this Act or in accordance with the authorities governing the activities of the agencies to which such funds are allocated or transferred.

(b) LIMITATION.-Not more than 12 percent of any appropriation made for the purpose of carrying out this Act shall be obligated or reserved during the last month of the fiscal year.”.95

(c) CONGRESSIONAL NOTIFICATION OF CERTAIN REPROGRAMMINGS.-Unless the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate are notified at least 15 days in advance of the proposed reprogramming, funds appropriated to carry out this Act (other than funds to carry out title V) shall not be available for obligation or expenditure through any reprogramming of funds that,

(1) would create or eliminate a program, project, or activity;

For fiscal year 1991, title V of Public Law 101-515 appropriated $37,040,000 including not to exceed $75,000 for official reception and representation expenses.

For fiscal year 1992, tille V of Public Law 102–140 appropriated $44,527,000 including not to exceed $100,000 for official reception and representation expenses.

For fiscal year 1993, title V of Public Law 102–395 appropriated $46,500,000 including not to exceed $100,000 for official reception and representation expenses.

For fiscal year 1994, title V of Public Law 103-121 appropriated $53,500,000 (including not to exceed $100,000 for official reception and representation expenses), of which not less than $9,500,000 is available until expended only for payment of United States contributions to the Preparatory Commission for the Organization on the Prohibition of Chemical Weapons

For fiscal year 1995, title V of Public Law 103-317 appropriated $54,500,000 (including not to exceed $100,000 for official reception and representation expenses), of which not less than $9,500,000 is available until expended only for activities related to the implementation of the Chemical Weapons Convention. Public Law 103-317, furthermore, provided: * ... That of the budgetary resources available in fiscal year 1995 in this account, $122,000 are permanently canceled: Provided further. That amounts available for procurement and procurement-related ex penses in this account are reduced by such amount: Provided further, That as used herein, 'procurement includes all stages of the process of acquiring property or services, beginning with the process of determining a need for a product or services and ending with contract completion and closeout, as specified in 41 U.S.C. 403(2).".

ss 22 U.S.C. 2593d. Added by sec. 718(a) of Public Law 103–236 (108 Stat. 500). Provisions similar, but not identical, to paras. (a) and (b) of this sec. were contained in paras. (b) and (c) of the former section 49 , which was stricken by sec. 717(aX1) of that Act. See the fifth para. of footnote 93 for full text of former sec. 49.

86 As enrolled.

(2) would increase funds or personnel by any means for any program, project, or activity for which funds have been denied or restricted by the Congress;

(3) would relocate an office or employees;
(4) would reorganize offices, programs, projects, or activities;

(5) would involve contracting out functions which had been performed by Federal employees; or

(6) would involve a reprogramming in excess of $1,000,000 or 10 percent (whichever is less) and would

(A) augment existing programs, projects, or activities,

(B) reduce by 10 percent or more the funding for any existing program, project, activity, or personnel approved by the Congress, or

(C) result from any general savings from a reduction in personnel that would result in a change in existing pro

grams, activities, or projects approved by the Congress. (d) LIMITATION ON END-OF-YEAR REPROGRAMMINGS.-Funds appropriated to carry out this Act (other than funds to carry out title V) shall not be available for obligation or expenditure through any reprogramming described in paragraph (1) during the last 15 days in which such funds are available for obligation or expenditure (as the case may be) unless the notification required by that paragraph was submitted before that 15-day period.

TITLE V-ON-SITE INSPECTION ACTIVITIES 96

FINDINGS SEC. 61.97 The Congress finds that

(1) under this Act, the United States Arms Control and Disarmament Agency is charged with the “formulation and implementation of United States arms control and disarmament policy in a manner which will promote the national security”;

(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”;

(3) 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;

(4) on-site inspection activities under the INF Treaty include

(A) inspections in Russia, Ukraine, Kazakhstan, Belarus, Turkmenistan, Uzbekistan, the Czech Republic, and Germany, 98

86 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).

97 22 U.S.C. 2595. Sec. 61 was added by sec. 201 of Public Law 101-216.

A Sec. 401(dx1) 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 there of "Russia, Ukraine, Kazakhstan, Belarus, Turkmenistan, Uzbekistan, the Czech Republic, and Germany".

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