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(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, includ. ing 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. • • • [Re

pealed-1994) SEC. 402.16 ON-SITE INSPECTION AGENCY. * * *

16 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. 2596, 25950). 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 Appro

priations 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. 2316, 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 seryices 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 Oper

powing commitmend Desert Stormrabia, $16

(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. 1421(0X1) 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)".

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 suppli

heans, 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.

o 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).

"16) or the funds transferred pursuant to subsection (a):

(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;

"44) not more than $40,000,000 may be made available for demilitarization of defense industries;

"45) 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. "(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.

"(1) The transfer authority provided in this section shall be in addition to any other transfer authority contained in this Act.".

Title 'I 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 weapons-related technology and expertise; for expansion of military-to-military contacts; for support ing 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 region: Provided further, That the transfer authority provided in section 9110(a) of the Department of Defense Appropriations Act, 1993, shall continue 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.".

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 compone 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.".

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