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"(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;

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

"(5) 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.

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

Title II 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 supporting 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 components and 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.”.

(TRANSFER OF FUNDS)

SEC. 109.4,5,6 In addition to other transfer authority available to the Department of Defense, the Secretary of Defense, upon the declaration of an emergency by the President under the terms of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, may transfer 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, not to exceed $100,000,000, to the appropriate accounts within the Department of Defense, in order to transport by military or commercial means, food, medical supplies, 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 Public Law 102–228 (105 Stat. 1696),3,7 and under the terms and conditions of such section 301:3,8 Provided, That the readiness of the United States Armed Forces shall not be diminished by such transfer of funds: Provided further, That the Committees on Appropriations be notified of transfers under this provision fifteen days in advance.

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TITLE II—GENERAL PROVISIONS

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SEC. 201. No part of any appropriation contained in this joint resolution shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

CONGRESSIONAL DESIGNATION OF EMERGENCY

SEC. 202. Although the President has only designated portions of the funds in this joint resolution pertaining to the incremental costs of Desert Shield/Desert Storm and certain Federal Emergency Management Agency costs as "emergency requirements", the Congress believes that the same or higher priority should be given to helping American people recover from natural disasters and other emergency situations as has been given to foreign aid "emergency" needs. The Congress therefore designates all funds in Titles I and II of this joint resolution as "emergency requirements" for all pur

In a January 21, 1992, memorandum for the Secretary of Defense (57 F.R. 3111; January 28, 1992), the President stated:

"1. I designate as emergency requirements, pursuant to the terms of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, the full amount for which section 109 provides.

"2. Effective upon satisfaction of applicable congressional notification requirements, I direct the Secretary of Defense to transfer funds under section 109 as it incorporates by reference section 301(b) of H.R. 3807 as passed the Senate on November 25, 1991.

"3. The authorities and duties of the President under section 301 of H.R. 3807 as passed the Senate on November 25, 1991, and referred to in section 109 (except the designation of emergency relating to funding addressed in paragraph 1 and the direction addressed in paragraph 2) are hereby delegated to the Secretary of Defense.".

7 Sec. 1421(bX2XA) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2565) struck out "H.R. 3807, as passed the Senate on November 25, 1991" and inserted in lieu thereof "Public Law 102-228 (105 Stat. 1696)”.

Sec. 1421(bX2XB) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2565) struck out "of H.R. 3807" here.

poses of the Balanced Budget and Emergency Deficit Control Act of 1985.

SEC. 204. SENSE OF THE SENATE REGARDING UNITED STATES RECOGNITION OF UKRAINIAN INDEPENDENCE.

(a) FINDINGS.-The Senate makes the following findings:

(1) On August 24, 1991, the democratically elected Ukrainian parliament declared Ukrainian independence and the creation of an independent, democratic state-Ukraine.

(2) That declaration reflects the desire of the people of Ukraine for freedom and independence following long years of communist oppression, collectivization, and centralization.

(3) On December 1, 1991, a republic-wide referendum will be held in Ukraine to confirm the August 24, 1991, declaration of independence.

(4) Ukraine is pursuing a peaceful and democratic path to independence and has pledged to comply with the Helsinki Final Act and other documents of the Conference on Security and Cooperation in Europe.

(5) Ukraine and Russia signed an agreement on August 29, 1991, recognizing each other's rights to state independence and affirming each other's territorial integrity.

(6) Ukraine, a nation of 52,000,000 people, with its own distinct linguistic, cultural, and religious traditions, is determined to take its place among the family of free and democratic nations of the world.

(7) The Congress has traditionally supported the rights of people to peaceful and democratic self-determination.

(8) As recognized in Article VIII of the Helsinki Final Act of the Conference on Security and Cooperation in Europe, “all peoples always have the right, in full freedom, to determine, when and as they wish, their internal and external political status, without external interference, and to pursue as they wish their political, economic, social and cultural development".

(b) SENSE OF THE SENATE.-It is the sense of the Senate that the President

(1) should recognize Ukraine's independence and undertake steps toward the establishment of full diplomatic relations with Ukraine should the December 1, 1991, referendum confirm Ukrainian parliament's independence declaration; and

(2) should use United States assistance, trade, and other programs to support the Government of Ukraine and encourage the further development of democracy and a free market in Ukraine.

This joint resolution may be cited as the "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”.

8. Chemical and Biological Weapons Control and Warfare Elimination Act of 1991

Title III of Public Law 102-182 [H.R. 1724], 105 Stat. 1222, approved
December 4, 1992

AN ACT To provide for the termination of the application of title IV of the Trade Act of 1974 to Czechoslovakia and Hungary.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE III-CONTROL AND ELIMINATION OF CHEMICAL AND BIOLOGICAL WEAPONS

SEC. 301.1 SHORT TITLE.

This title may be cited as the "Chemical and Biological Weapons Control and Warfare Elimination Act of 1991".

SEC. 302. PURPOSES.

The purposes of this title are

(1) to mandate United States sanctions, and to encourage international sanctions, against countries that use chemical or biological weapons in violation of international law or use lethal chemical or biological weapons against their own nationals, and to impose sanctions against companies that aid in the proliferation of chemical and biological weapons;

(2) to support multilaterally coordinated efforts to control the proliferation of chemical and biological weapons;

(3) to urge continued close cooperation with the Australia Group and cooperation with other supplier nations to devise ever more effective controls on the transfer of materials, equipment, and technology applicable to chemical or biological weapons production; and

(4) to require Presidential reports on efforts that threaten United States interests or regional stability by Iran, Iraq, Syria, Libya, and others to acquire the materials and technology to develop, produce, stockpile, deliver, transfer, or use chemical or biological weapons.

SEC. 303.3 MULTILATERAL EFFORTS.

(a) MULTILATERAL CONTROLS ON PROLIFERATION.-It is the policy of the United States to seek multilaterally coordinated efforts with

122 U.S.C. 5601 note. See also title XVII of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 50 U.S.C. 1522-1524) relating to chemical and biological weapons defense, in Legislation on Foreign Relations Through 1994, vol. I-B.

222 U.S.C. 5601. 322 U.S.C. 5602.

other countries to control the proliferation of chemical and biological weapons. In furtherance of this policy, the United States shall

(1) promote agreements banning the transfer of missiles suitable for armament with chemical or biological warheads;

(2) set as a top priority the early conclusion of a comprehensive global agreement banning the use, development, production, and stockpiling of chemical weapons;

(3) seek and support effective international means of monitoring and reporting regularly on commerce in equipment, materials, and technology applicable to the attainment of a chemical or biological weapons capability; and

(4) pursue and give full support to multilateral sanctions pursuant to United Nations Security Council Resolution 620, which declared the intention of the Security Council to give immediate consideration to imposing "appropriate and effective" sanctions against any country which uses chemical weapons in violation of international law.

(b) MULTILATERAL CONTROLS ON CHEMICAL AGENTS, PRECURSORS, AND EQUIPMENT.-It is also the policy of the United States to strengthen efforts to control chemical agents, precursors, and equipment by taking all appropriate multilateral diplomatic meas

ures

(1) to continue to seek a verifiable global ban on chemical weapons at the 40 nation Conference on Disarmament in Geneva;

(2) to support the Australia Group's objective to support the norms and restraints against the spread and the use of chemical warfare, to advance the negotiation of a comprehensive ban on chemical warfare by taking appropriate measures, and to protect the Australia Group's domestic industries against inadvertent association with supply of feedstock chemical equipment that could be misused to produce chemical weapons;

(3) to implement paragraph (2) by proposing steps complementary to, and not mutually exclusive of, existing multilateral efforts seeking a verifiable ban on chemical weapons, such as the establishment of

(A) a harmonized list of export control rules and regulations to prevent relative commercial advantage and disadvantages accruing to Australia Group members,

(B) liaison officers to the Australia Group's coordinating entity from within the diplomatic missions,

(C) a close working relationship between the Australia Group and industry,

(D) a public unclassified warning list of controlled chemical agents, precursors, and equipment,

information-exchange

(E) proliferants,

channels of suspected

(F) a "denial" list of firms and individuals who violate the Australia Group's export control provisions, and

(G) broader cooperation between the Australia Group and other countries whose political commitment to stem the proliferation of chemical weapons is similar to that of the Australia Group; and

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