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(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 programs, 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

96 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.

98 Sec. 401(d)(1) of the FRIENDSHIP Áct (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".

(B) escort duties for 99 teams visiting the United States and the Basing Countries,

(C) establishment and operation of the Portal Monitoring Facility in Russia, 100 and

(D) support for the 101 inspectors at the Portal Monitoring Facility in Utah;

(5) 102 the On-Site Inspection Agency has additional responsibilities to those specified in paragraph (4), 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;

(6) 102 the personnel of the On-Site Inspection Agency include civilian technical experts, civilian support personnel, and members of the Armed Forces; and

(7) 102 the senior officials of the On-Site Inspection Agency include representatives from the United States Arms Control and Disarmament Agency and the Department of State.

POLICY COORDINATION CONCERNING IMPLEMENTATION OF ON-SITE INSPECTION PROVISIONS

SEC. 62.103 (a) INTERAGENCY COORDINATION.-OSIA should receive policy guidance which is formulated through an interagency mechanism established by the President.

(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 DIRECTOR.-The Director should provide to the interagency mechanism described in subsection (a) appropriate recommendations for policy guidance to OSIA consistent with sections 2(d), 22, and 34(c) of this Act.

AUTHORIZATIONS OF APPROPRIATIONS FOR ON-SITE INSPECTION

SEC. 63.104 There are authorized to be appropriated $49,830,000 for fiscal year 1990 and $48,831,000 for fiscal year 1991 for the expenses of the On-Site Inspection Agency in carrying out on-site inspection activities pursuant to the INF Treaty.

SEC. 64.105 IMPROVING CONGRESSIONAL OVERSIGHT OF ON-SITE INSPECTION ACTIVITIES.

(a) REPORT FROM THE PRESIDENT.-Concurrent with the submission to the Congress of the request for authorization of appropriations for OSIA for fiscal year 1993, the President shall submit a re

99 Sec. 401(dX2) of the FRIENDSHIP Act (Public Law 103-199; 107 Stat. 2324) struck out "Soviet" at this point.

100 Sec. 401(dX3) of the FRIENDSHIP Act (Public Law 103-199; 107 Stat. 2324) struck out "the Soviet Union" and inserted in lieu thereof "Russia".

101 Sec. 401(dX4) of the FRIENDSHIP Act (Public Law 103-199; 107 Stat. 2324) struck out "Soviet" at this point.

102 Sec. 402(aX1) of Public Law 102-228 redesignated paragraphs (5) and (6) as (6) and (7), respectively, and added a new paragraph (5).

103 22 U.S.C. 2595a. Sec. 62 was added by sec. 201 of Public Law 101-216. 104 22 U.S.C. 2595b. Sec. 63 was added by sec. 201 of Public Law 101-216. 105 22 U.S.C. 2595b-1. Sec. 402(b)(2) of Public Law 102-228 added sec. 64.

port on OSIA to the Committee on Foreign Affairs of the House of Representatives, the Committee on Foreign Relations of the Senate, and the Committees on Armed Services of the House of Representatives and Senate. The report shall include a review of

(1) the history of OSIA, including how, when, and under what auspices it was established, including the applicable texts of the relevant executive orders;

(2) the missions and tasks assigned to OSIA to date;

(3) any additional missions and tasks likely to be assigned to OSIA during fiscal year 1993;

(4) the budgetary history of OSIA; and

(5) the extent to which OSIA plays a role in arms control policy formulation and operational implementation.

(b) REVIEW OF CERTAIN REPROGRAMMING NOTIFICATIONS.-Any 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 Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate, and shall be subject to review by those committees.

DEFINITIONS

SEC. 65.106 As used in this title

(1) 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 ShorterRange Missiles (signed at Washington, December 8, 1987); 107 (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; 107

(3) 107 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) 107 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).

108 22 U.S.C. 2595c. This section was added as sec. 64 by sec. 201 of Public Law 101-216. It was redesignated as sec. 65 by sec. 402(b)(1) of Public Law 102-228.

107 Sec. 402(bX2) of Public Law 102-228 struck our "and" at the end of paragraph (1); struck out the period at the end of paragraph (2) and inserted in lieu thereof a semicolon; and added new paragraphs (3) and (4).

2. 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".

(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 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.

122 U.S.C. 2551 note.

2 Amendments to the Arms Control and Disarmament Act (Public Law 87-297) have been incorporated into that Act at the appropriate places.

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) AMENDMENTS TO THE ARMS EXPORT CONTROL ACT.—(1) Section 38(a)(2) of the Arms Export Control Act (22 U.S.C. 2778(a)(2)) is amended to read as follows:

"(2) Decisions on issuing export licenses under this section shall be made in coordination with the Director of the United States Arms Control and Disarmament Agency, taking into account the Director's assessment as to whether the export of an article would contribute to an arms race, aid in the development of weapons of mass destruction, support international terrorism, increase the possibility of outbreak or escalation of conflict, or prejudice the development of bilateral or multilateral arms control or nonproliferation agreements or other arrangements. The Director of the Arms Control and Disarmament Agency is authorized, whenever the Director determines that the issuance of an export license under this section would be detrimental to the national security of the United States, to recommend to the President that such export license be disapproved.".

(2) Section 42(a) of such Act (22 U.S.C. 2791(a)) is amended

(A) in the second sentence, by redesignating clauses (1), (2), and (3) as clauses (A), (B), and (C), respectively;

(B) by inserting "(1)" immediately after "(a)";

(C) by amending clause (C) (as redesignated) to read as follows: "(C) the assessment of the Director of the United States Arms Control and Disarmament Agency as to whether, and the extent to which, such sale might contribute to an arms race, aid in the development of weapons of mass destruction, support international terrorism, increase the possibility of outbreak or escalation of conflict, or prejudice the development of

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