Sidor som bilder
PDF
ePub

(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SEC. 232.13 *** [Repealed-1994]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 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.

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139(17) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 398), repealed sec. 232, which had required that the President report quarterly on certain activities to reduce the Soviet military threat.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 a 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 transfers, 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.

(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 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.

(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 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 of the House of Representatives. This report shall at a minimum, set forth

(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. 401.18 ARMS CONTROL AND DISARMAMENT AGENCY. * * pealed-1994]

SEC. 402.16 ON-SITE INSPECTION AGENCY. ***

[Re

15 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)). See pages 1202 and 1209, respectively. 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 section 2 of the Arms Control and Disarmament Act, was repealed by sec. 139(18) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 398).

16 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).

7. 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; 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 by 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

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. 1421bX1) 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 (aX1) of this section and enacts amendments identical to those in subsections (aX2) 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.".

In a 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 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 there in-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 re quirements, 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 page 1222.

Sec. 9110 of the Department of Defense Appropriations Act, 1993 (Public Law 102–396; 106 Stat. 1928), provided:

"(TRANSFER OF FUNDS)

"SEC. 9110. (a) The Secretary of Defense may transfer to appropriate appropriation accounts for the Department of Defense, out of funds appropriated to the Department of Defense for fiscal year 1993, up to $400,000,000 to be available for the purposes authorized in the Former Soviet Union Demilitarization Act of 1992: Provided, That amounts so transferred shall be in addition to amounts transferred pursuant to the authority provided in section 108 of Public Law 102229 (105 Stat. 1708).

"(b) Of the funds transferred pursuant to subsection (a).

« FöregåendeFortsätt »