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6. Conventional Forces in Europe Treaty Implementation

Act of 1991

Partial text of Public Law 102–228 (H.R. 3807), 105 Stat. 1691, approved De

cember 12, 1991; 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

AN ACT To amend the Arms Export Control Act to authorize the President to trans

fer battle tanks, artillery pieces, and armored combat vehicles to member coun. tries 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”. SEC. 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: * * * 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”.

Part B-FINDINGS AND PROGRAM AUTHORITY SEC. 211.3 NATIONAL DEFENSE AND SOVIET WEAPONS DESTRUCTION. (a) FINDINGS.—The Congress finds

(1) that Soviet President Gorbachev has requested Western help in dismantling nuclear weapons, and President Bush has proposed United States cooperation on the storage, transportation, dismantling, and destruction of Soviet nuclear weapons;

(2) that the profound changes underway in the Soviet Union pose three types of danger to nuclear safety and stability, as follows: (A) ultimate disposition of nuclear weapons among the Soviet Union, its republics, and any successor entities that is not conducive to weapons safety or to international stability;

122 U.S.C. 2751 note.

2 Sec. 2 added a new chapter 9 to the Arms Export Control Act (22 U.S.C. 2799). See also Legislation on Foreign Relations Through 1994, vol. I-A. 322 U.S.C. 2551 note.

(B) seizure, theft, sale, or use of nuclear weapons or components; and (C) transfers of weapons, weapons components, or weapons know-how outside of the territory of the Soviet Union, its republics, and any successor entities, that contribute to worldwide proliferation; and

(3) that it is in the national security interests of the United States (A) to facilitate on a priority basis the transportation, storage, safeguarding, and destruction of nuclear and other weapons in the Soviet Union, its republics, and any successor entities, and (B) to assist in the prevention of weapons pro

liferation. (b)4 EXCLUSIONS.—United States assistance in destroying nuclear and other weapons under this title may not be provided to the Soviet Union, any of its republics, or any successor entity unless the President certifies to the Congress that the proposed recipient is committed to

(1) making a substantial investment of its resources for dismantling or destroying 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 of fissionable and other components of destroyed nuclear weapons in new nuclear weapons;

(4) facilitating United States verification of weapons destruction carried out under section 212;

(5) complying with all relevant arms control agreements; and

(6) observing internationally recognized human rights, in

cluding the protection of minorities. SEC. 212.3, 6 AUTHORITY FOR PROGRAM TO FACILITATE SOVIET WEAP

ONS DESTRUCTION. (a) IN GENERAL.—Notwithstanding any other provision of law, the President, consistent with the findings stated in section 211, 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.

(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,

• In State Department Public Notice 1603 of April 3, 1992 (57 F.R. 13152; April 15, 1992), the Secretary of State delegated "to the Deputy Secretary of State in his capacity as the Coordinator for U.S. Assistance to the new Independent States the functions vested in the President under section 211(b) of H.R. 3807, as passed by the Senate on November 25, 1991, and referred to in section 108 of the Dire Emergency Supplemental Appropriations * * * (Pub. L. 102-229).".

This authority was delegated earlier to the Secretary of State by the President in a Memorandum of March 20, 1992 (57 F.R. 11554; April 6, 1992).

Section 108 of Public Law 102-229 was subsequently amended to refer to Public Law 102– 228.

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 authority in section 211(b), delegated to the Secretary of State, had been exercised. 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 section 108 of Public Law 102

Subsequent to these delegations, sec. 108 of Public Law 102-229 was amended to refer, instead, to Public Law 102-228.

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, 6 ADMINISTRATION OF NUCLEAR THREAT REDUCTION PRO

GRAMS. (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 6 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 7,8 for use in reducing the Soviet military threat under part B.

(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, only in a program established under part

B.

(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

Sec. 1421(aX2XA) of the National Defense Authorization Act for Fiscal Year 1993 (Pabhc Law 102-484; 106 Stat. 2565), struck out “fiscal year 1992” and inserted in lieu thereof "fiscal years 1992 and 1993".

? Sec. 1421(aX2XB) 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 thereaf "$800,000,000".

8 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 eflective 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 (axi) of this section and enacts amendments identical to those in subsections (aX2) and (b) of this section (subsec. (b) amended Public Law 102-229). Ir 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.".

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 8,9 unless expenditures for that program for that fiscal year 8, 10 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, 11 (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. 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 12 should consider providing the necessary authority in the conference agreement for the President to transfer funds pursuant to this title.

PART D-REPORTING REQUIREMENTS
SEC. 231.3, 6 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

Sec. 1421(aX3XA) 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".

10 Sec. 1421(aX3XB) 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".

11 Sec. 1421(aX3XC) 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".

12 See sec. 108 of H.J. Res. 157 (Public Law 102-229), page 1230.

(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. 232.13* * * [Repealed—1994)

TITLE III—EMERGENCY AIRLIFT AND OTHER SUPPORT SEC. 301.14 AUTHORITY TO TRANSFER CERTAIN FUNDS TO PROVIDE

EMERGENCY AIRLIFT AND OTHER SUPPORT. (a) FINDINGS.—The Congress finds

(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 suc

cessor 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.

13 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.

14 In 8 January 21, 1992, memorandum for the Secretary of Defense (57 F.R. 3111; January 28, 1992), the President, to meet requirements on funds appropriated by section 109 of Public Law 102-229, relating to the “transport by military or commercial means, food, medical sup plies, 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 fers, and delegated certain authorities and duties to the Secretary as defined in section 301 of H.R. 3807 as passed by the Senate on November 25, 1991.

H.R. 3807 was enacted into law as Public Law 102–228 on December 12, 1991. References to H.R. 3807 as passed by the Senate on November 25, 1991, in the corresponding appropriations Act, Public Law 102-229, were amended by Public Law 102-484 and Public Law 102-511 to refer instead to the enacted authorization in Public Law 102–228.

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