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(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.
TITLE II-GENERAL PROVISIONS
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 purposes of the Balanced Budget and Emergency Deficit Control Act of 1985.
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 pro vides.
"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 sec tion 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.
SEC. 204. SENSE OF THE SENATE REGARDING UNITED STATES REC.
OGNITION 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 develop
ment”. (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
December 4, 1992
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.- 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 weap ons defense, in Legislation on Foreign Relations through 1994, vol. I-B.
222 U.S.C. 5601. 322 U.S.C. 5602.
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other countries to control the proliferation of chemical and biological weapons. In furtherance of this policy, the United States shall
(i) 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 measures
(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,
(E) information-exchange channels of suspected proliferants,
(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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(4) to adopt the imposition of stricter controls on the export of chemical agents, precursors, and equipment and to adopt tougher multilateral sanctions against firms and individuals who violate these controls or against countries that use chemi
cal weapons. SEC. 304. UNITED STATES EXPORT CONTROLS. (a) IN GENERAL.—The President shall
(1) use the authorities of the Arms Export Control Act to control the export of those defense articles and defense services, and
(2) use the authorities of the Export Administration Act of
1979 to control the export of those goods and technology, that the President determines would assist the government of any foreign country in acquiring the capability to develop, produce, stockpile, deliver, or use chemical or biological weapons.
(b) 5 EXPORT ADMINISTRATION ACT.-* SEC. 305. SANCTIONS AGAINST CERTAIN FOREIGN PERSONS.
(a) 6 AMENDMENT TO EXPORT ADMINISTRATION ACT.-*
(b)? AMENDMENT TO ARMS EXPORT CONTROL ACT.- * SEC. 306.8 • DETERMINATIONS REGARDING USE OF CHEMICAL OR BI.
OLOGICAL WEAPONS. (a) DETERMINATION BY THE PRESIDENT.—
(1) WHEN DETERMINATION REQUIRED; NATURE OF DETERMINATION.—Whenever persuasive information becomes available to the executive branch indicating the substantial possibility that, on or after the date of the enactment of this title, the government of a foreign country has made substantial preparation to use or has used chemical or biological weapons, the President shall, within 60 days after the receipt of such information by
* 22 U.S.C. 5603
* Subsec. (b) amended sec. 6 of the Export Administration Act of 1979 (50 U.S.C. App. 2405% see Legislation of Foreign Relations through 1994, vol. III.
*Subsec (a) added a new sec 11C to the Export Administration Act of 1979, relating to chem ical and biological weapons proliferation sanctions, see Legislation on Foreign Relations through 1994, vol. III.
* Subsec (0) added a new chapter 8 to the Arms Export Control Act, see Legislation an For eign Relations through 1994, vol. I-A. $22 U.S.C. 5604.
Executive Order 12851 of June 11, 1993 (58 F.R 33181) provided for the administration of proliferation sanctions, Middle East Arms Control, and related Congressional reporung require ments, including the following:
Section 1. Chemical and Biogical Weapons Proliferation and Ux Sanctions ...
10 Chemical and Biological Weapons lise. The authority and duties vested in me by sections 306308 of the Chemical and Biological Weapons Control and Wartare Ehminabon Act of 1991 (22 C.S.C. 56045000) are delegated to the Secretary of State, except that
71) The authonty and duties rested in me to resinct certain imports as provided in sec tion 307.0X210pursuant to a determination made by the Secretary or Suale under section 307,0x1are delegated to the Secretary of the Treasury.
2) The Secretary of State shall issue, transmit to the Congress, and soofy the Secretary of the Treasury of, as approprale, Waivers based upon finding made pursuant to section 307 dumm
73The authonty and dutes vested in me to prohibit certain exports is provided in ser tion 307 a 15 and section 300121C, pursuant to a determination made by the Secretary of State under section 306 al and section 307,0X1) are delegated to the Secretary of Costa merce fc Coordination Areng Agencies. The Secretanes designated in this sertion shall exercse all functions delegated to them by this section in consultason with the Secretary of Suate, the Ser retary of Defense, the Secretary of the Treasury, the Secretary of Commerce, the Director of the Arms Control and Disarmament Agency, and other departments and agenges as aporo
opnate interagency groups poor to any determination to exerase the prohibition authonty delegated hereby